RFB 18-027-O.doc

State of Wisconsin

Wis. Statutes s.16.75

DOA-3070 (R05/2014)

BIDS MUST BE SEALED & ADDRESSED TO:

Remove from bidder list for this commodity/service. (Return this page only.)

Wisconsin State Fair Park 7722 W. Greenfield Avenue

West Allis, WI 53214

Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact the person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award.

REQUEST FOR BID #18-027-O

THIS IS NOT AN ORDER

BIDDER (Name and Address)

Bids MUST be in this office no later thanfillin "Date and time"

Name (Contact for further information)fillin "Contact Person"

Marty Kowalski

fillin "Date"

Quote Price and Delivery FOBfillin "F.O.B /Destination"

Destination

FORMCHECKBOX

Fax bids are accepted

FORMCHECKBOX

Fax bids are not accepted

Item

No.

Quantity and Unit

Per Unit Total

REQUEST FOR BID

Rental of Walk Through Metal Detectors and Handheld Metal Detectors for annual Wisconsin State Fair. Includes delivery, set-up, calibration, and takedown.

Submit pricing on forms attached. See Sections 6.6 and 8.0 for details regarding bid submission format.

We claim minority bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 267-9550. Does Not Apply to Printing Bids.

We claim disabled veteran owned business bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Disabled Veteran Owned Businesses. Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 267-9550. Does Not Apply to Printing Bids.

We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-5462.

Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.

Unknown No Yes

In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury.

We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.

This form can be made available in alternate formats to individuals with disabilities upon request.

INSTRUCTIONS TO BIDDERS

You received this Request for Bid (RFB) because of the NIGP codes selected during your registration on the State of Wisconsin’s VendorNet system. If you received this RFB in any other way, please contact the purchasing agent identified in this RFB. You should also register to become a Bidder at: http://esupplier.wi.gov. This RFB contains all necessary statutory language required by law. It is organized to help you determine if this is a business opportunity for your company. The RFB contains information regarding what the State intends to purchase, how pricing should appear and describes a clear process you must follow in order to submit a response to the RFB.

1.

Review Section 1.0, “Introduction and Purpose” to gain a general understanding of what the State intends to purchase. Reviewing this section will help you determine your ability to meet the Procuring Agency’s needs.

2.

Review Section 2.0 “Bidder Qualifications and Requirements” section. This section will explain what a company needs in order to provide the commodity or service. This may include a specific license or certification, a history of providing this commodity or service in a similar environment to the State or for you to be in a prescribed geographical location. Reviewing this section will help you determine your ability to meet the Procuring Agency’s needs.

3.

The details of the commodity or service will be found in Section 3.0, “Mandatory Required Specifications of Bid.” Read this section carefully and determine if your product meets ALL requirements. RFB requirements are mandatory and therefore, if you can’t meet a requirement, it is likely that your Bid will be rejected unless no Bidder can meet an individual RFB requirement. Reviewing this section will help you determine your ability to meet the Procuring Agency’s needs.

4.

Review Section 5.0, “Pricing Structure and Price Sheet.” This section explains how to submit Bid pricing (which is critical because the Bid pricing will determine what Bidder(s) will be allowed to enter into a Contract with the State).

5.

The remaining sections of the RFB describe the process you must follow and the way you must present your Bid to the State. It also describes the process the State will use to determine the winning Bidder. If you decide to bid, be sure to review the “Bid Procedure and Instructions” section and the “Bid Acceptance and Award” section.

6.

If you are still interested in competing for the State’s business, you should provide your best pricing, and complete all the required forms.

7.

Please note, your Bid response must be complete and accurate. You must follow all instructions exactly as asked. DO NOT substitute your own materials in lieu of what is being asked in the RFB. DO NOT alter any of the forms or the price sheet. If you have questions, contact the Procurement Manager identified in the RFB.

8.

Your RFB response must arrive at the proper location before the due date and time. Late Bids will be rejected.

Thank you for your interest in providing commodities and/or services to the State. We wish you success with this and future procurement opportunities.

TABLE OF CONTENTS

41.0

INTRODUCTION AND PURPOSE

1.1

DEFINITIONS

1.2

PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.3

CONTRACT TERM

1.4

MODIFICATIONS OF CONTRACT

1.5

ORDER OF PRECEDENCE

1.6

COOPERATIVE PURCHASING SERVICES

2.0

BIDDER QUALIFICATIONS & REQUIREMENTS

2.1

MINIMUM YEARS IN BUSINESS

3.0

MANDATORY REQUIRED SPECIFICATIONS OF BID

3.1

EQUIPMENT/TECHNICAL REQUIREMENTS

3.2

PERFORMANCE AND SUPPORT REQUIREMENTS

4.0

SPECIAL TERMS AND CONDITIONS OF BID

4.1

ORDERS

4.2

PAYMENT TERMS

4.3

STATE OF WISCONSIN STANDARD TERMS

4.4

ALL PAY GATE

4.5

INDEMNIFICATION

4.6

CANCELLATION AND TERMINATION

5.0

PRICING STRUCTURE & PRICE SHEET INSTRUCTIONS

5.1

METHOD OF BID

5.2

REQUESTING PRICE ADJUSTMENTS

6.0

BID PROCEDURE AND INSTRUCTIONS

6.1

CALENDAR OF EVENTS

6.2

CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

6.3

REASONABLE ACCOMMODATIONS

6.4 E-Supplier REGISTRATION 6.5

SUBMITTING A BID

6.6

FORMAT OF BID RESPONSE

6.7

MULTIPLE BIDS

6.8

INCURRING COSTS

7.0

BID ACCEPTANCE AND AWARD

7.1

BID OPENING

7.2

BID REVIEW

7.3

BID ACCEPTANCE

7.4

METHOD OF AWARD

7.5

BIDDER REFERENCES/CLIENT LIST

7.7

USE OF SUBCONTRACTORS

7.8

SUPPLIER DIVERSITY

7.9

AWARD NOTIFICATION

8.0

REQUIRED FORMS

1.0

INTRODUCTION AND PURPOSE

1.1

DEFINITIONS

For the purposes of this Request for Bid and resulting Contract(s), the following definitions of terms shall apply, unless otherwise indicated.

1.2

PURPOSE AND SCOPE OF THE REQUEST FOR BID

Wisconsin State Fair Park requests Bids for the rental of both walk-through and hand held metal detectors, and intends to use the results of this process to award a Contract. WSFP does not guarantee it will purchase any specific quantity or dollar amount. Bids that require a minimum number of commodities or services be ordered will be rejected. There will be no guarantee to purchase any specific quantity, or pay any minimum contract price during the term of the Contract.

The primary anticipated use of this contract will cover rental of equipment for the annual 11-day Wisconsin State Fair. The bid specifications list specific deadlines for installation prior to and removal following the run of the fair. As a year-round event and entertainment venue, WSFP reserves the right to enter into additional rental periods throughout the term of this contract as the need may arise.

1.3

CONTRACT TERM

This Contract will run for an initial 1- year period. The Procuring Agency and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional two 1- year periods. The Contract shall be effective on the date it is executed by the Procuring Agency.

The RFB documents, the awarded Bidder’s response as accepted by the procuring Agency and any purchase order related to this RFB shall be incorporated into the Contract between the parties.

1.4

MODIFICATIONS OF CONTRACT

The Contract must not be used for purchasing commodities or services outside of the general scope and intent of the original Request for Bid. Any modifications made to the Contract must fall within the scope of the Bid and be rendered in writing and signed by both parties or they will be void.

1.5

ORDER OF PRECEDENCE

In the event of Contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Bidder as accepted by the Procuring Agency, and any additional terms agreed to in writing by the parties shall be incorporated into the Contract. Failure of the successful Bidder to accept these elements into the Contract will result in the cancellation of the Contract award.

In the event of conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

· Official Purchase Order

· Final Signed Contract with clarifications included

· Bid Response as accepted by the State of Wisconsin

· Request for Bid

1.6

COOPERATIVE PURCHASING SERVICES

Commodities and services may be made available to Municipalities upon agreement of the Contractor. See Vendor Agreement-Wisconsin’s Cooperative Purchasing Services (DOA-3333), for definitions and other information on Municipalities. Municipalities must be able to obtain the commodities and services procured under the Contract at the same rates agreed to by the Procuring Agency and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with the Procuring Agency and providing appropriate documentation and support and reporting Contract usage by Municipalities (see Vendor Agreement – Wisconsin’s Cooperative Purchasing Services, DOA-3333 attached to this RFB).

2.0

BIDDER QUALIFICATIONS & REQUIREMENTS

All Bidder qualifications in this section are mandatory. Failure to meet a qualification will disqualify your Bid. However, the Procuring Agency reserves the right to waive any qualification if no Bidder is able to satisfy that qualification.

Before the award of any Contract, the Department shall be satisfied that the Bidder has sufficient qualified resources available for performing the work described in this Bid. It is the Bidder’s responsibility to acquaint the Department with these qualifications by submitting appropriate or supporting documentation.

2.1

MINIMUM YEARS IN BUSINESS

The awarded vendor must be currently in the business of renting the requested items, and must have been established for a minimum of three years prior to the release of this request for bid.

3.0

MANDATORY REQUIRED SPECIFICATIONS OF BID

All requirements in this section are mandatory. The following requirements must be met at no additional cost above the pricing provided in the Bid. All Specifications are defined as minimum mandatory requirements unless otherwise stated. Bidder must use Appendix A (Response to Bid Requirements) to respond to this section. Failure to meet any mandatory requirement will result in rejection of the Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

3.1

EQUIPMENT/TECHNICAL REQUIREMENTS

Walk-Through Metal Detectors supplied shall meet or exceed the functionality and performance of the Garrett PD6500i multi-zone walk-through metal detector. Hand-held Metal Detectors shall meet or exceed the functionality and performance of the Garrett Super Scanner V hand held detector. WSFP shall be the sole judge of equipment equivalency.

Current estimates call for rental of 38 Walk-Through and 38 Hand-Held detectors for the annual Wisconsin State Fair. WSFP reserves the right to increase or decrease this amount as the need arises.

Contractor shall supply a minimum of 150 personal item trays/bowls for storage and transport of patrons’ personal effects while screening is conducted.

3.2

PERFORMANCE AND SUPPORT REQUIREMENTS

The annual Wisconsin State Fair runs for 11 days, beginning on a Thursday and ending on a Sunday. The dates for the 2018 fair are August 2-12, 2018. All costs associated with the provision, setup, calibration, and takedown of the rental equipment shall be included in the bid. As a condition of the contract, the Contractor shall be granted access to the grounds beginning the morning of Tuesday, July 31 and agrees to have all units set up, calibrated, and ready for screening activities to commence by 4:00 PM on Wednesday, August 1. Set-up dates under renewal terms will follow the similar Tuesday-Wednesday schedule. Take-down of equipment shall occur at a mutually agreed upon time after closure of the fair. In recent years, take-down has occurred the Monday after close of the fair.

4.0

SPECIAL TERMS AND CONDITIONS OF BID

The State reserves the right to negotiate these terms and conditions when it is in the best interest of the State to do so. The Bidder shall not submit its own contract document as a substitute for the State’s Special Terms and Conditions.

Bidders must accept all terms and conditions or submit point-by-point exceptions along with proposed alternative or additional language for each point. The State may or may not consider any of the Bidder’s suggested revisions. Any changes or amendment to any of the terms and conditions will occur only if the change is in the best interest of the State.

4.1

ORDERS

Individual orders will be placed by authorized users under this contract. Wisconsin State Fair Park may issue individual purchase orders for larger orders, or issue blanket purchase orders under which multiple orders may be consolidated. The awarded contractor shall list a point of contact for placement of orders (Item 4 on Form DOA-3477, Vendor Information Form).

4.2

PAYMENT TERMS

Payment will not be made until the rented equipment is determined to meet all Specifications, requirements and deliverables and has been accepted by WSFP.

Payments made by the State of Wisconsin are subject to the Wisconsin Prompt Payment Law, ss. 16.528 and 16.53(2)(11), Wis. Stats. Properly submitted invoices will be paid within 30 days of receipt, unless a notice of good faith dispute is submitted to the vendor. In the event of late payment, interest may accrue at the rate of 1% per month.

4.3

STATE OF WISCONSIN STANDARD TERMS

The State of Wisconsin Standard Terms and Conditions (DOA-3054) and State of Wisconsin Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681) (herein after Terms and Conditions) are incorporated into this RFB document by reference. These Terms and Conditions shall govern this Bid and subsequent award. Vendors must accept these Standard and Supplemental Terms and Conditions or submit point-by-point exceptions along with proposed alternate or additional language for each point. Submission of any standard vendor Contracts as a substitute for language in the Terms and Conditions is not a sufficient response to this requirement and may result in rejection of the vendor's proposal. The State reserves the right to negotiate contractual Terms and Conditions other than those in the State of Wisconsin Contract when it is in the best interest of the State to do so.

4.4

ALL PAY GATE

The Wisconsin State Fair has an all-pay gate. Contractor is responsible for purchasing tickets for personnel and vehicles. Pass out privileges is permitted.

4.5

INDEMNIFICATION

The Contractor will indemnify and save harmless the State and all of its officers, agents, and employees from all suits, actions or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the Contractor, or of any of its contractors, in conducting work under this Contract.

4.6

CANCELLATION AND TERMINATION

4.6.1

TERMINATION FOR CAUSE

The State may terminate this Contract after providing the Contractor with thirty (30) calendar days written notice of the Contractor’s right to cure a failure of the Contractor to perform under the terms of this Contract.

The Contractor may terminate this Contract after providing the State one hundred and twenty (120) calendar days notice of the State’s right to cure a failure of the State to perform under the terms of this Contract.

Upon the termination of this Contract for any reason, or upon Contract expiration, each party shall be released from all obligations to the other party arising after the date of termination or expiration, except for those that by their terms survive such termination or expiration.

4.6.2

TERMINATION FOR CONVENIENCE

Either party may terminate this Contract at any time, without cause, by providing a written notice; the State by providing at least thirty (30) calendar days notice to the Contractor, and the Contractor providing at least one hundred and twenty (120) calendar days notice to the State in advance of the intended date of termination.

In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed Services. In this event, compensation for such partially completed Services shall be no more than the percentage of completion of the Services requested, at the sole discretion of the State, multiplied by the corresponding payment for completion of such Services as set forth in the Contract. Alternatively, at the sole discretion of the State, the Contractor may be compensated for the actual Service hours provided. The State shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund.

4.6.3

CONTRACT CANCELLATION

The State reserves the right to cancel this Contract in whole or in part without penalty if the Contractor:

· Fails to perform any material obligation required under the Contract

· Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity

· Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice.

· Makes an assignment for the benefit of creditors

· Fails to follow the sales and use tax certification requirements of s. 77.66 of the Wisconsin Statutes

· Incurs a delinquent Wisconsin tax liability

· Fails to submit a non-discrimination or affirmative action plan as required in the Standard Terms and Conditions (DOA-3054)

· Fails to follow the non-discrimination or affirmative action requirements of subch. II, Chapter 111 of the Wisconsin Statutes (Wisconsin’s Fair Employment Law)

· Becomes a federally debarred Contractor

· Is excluded from federal procurement and non-procurement contracts

· Fails to maintain and keep in force all required insurance, permits and licenses as provided in this Contract

· Fails to maintain the confidentiality of the State’s information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information

· Contractor performance threatens the health or safety of a State employee or State customer.

5.0

PRICING STRUCTURE & PRICE SHEET INSTRUCTIONS

Bidders shall use the attached document, Bid Response Sheet, Attachment A, to submit their bid pricing.

5.1

METHOD OF BID

The Bidder must submit a net unit price and, if applicable, an extended net total for each item specified. Prices must be in U.S. dollars unless otherwise indicated. In the event of errors in calculation, unit price shall prevail.

5.2

REQUESTING PRICE ADJUSTMENTS

Pricing shall remain firm for the initial term of the contract. The Contractor may request a price increase to take effect at any time after the initial term of the contract by submitting a written request to the WSFP Purchasing Office no less than 30 calendar days in advance of the effective date. Price increases must be authorized by the Contract Manager in the form of a written contract amendment before they take effect. WSFP reserves the right to cancel and rebid a contract in the event price increases are deemed to be excessive, in the sole judgement of WSFP.

In the event of a surcharge request (e.g. fuel, energy, transportation, etc), the Contractor must provide a signed notification letter on company letterhead detailing the effective date, the amount, written justification, and any additional information necessary to understand and fully implement the surcharge.

Any request for surcharges must be limited to fully documented cost increases to the Contractor which are demonstrated to be industry-wide. Documentation used to justify a price increase for the contracted commodity cannot also be used to justify the amount of any surcharge. Notification letter(s) must be received by the Contract Manager no less than thirty (30) calendar days prior to the suggested effective date of the surcharge. The Contract Manager must approve all surcharges before they are effective for Contract orders.

Decreases to or the elimination of surcharges may occur at any time. Upon request and throughout the course of the surcharge, the Contractor must submit additional documentation to justify the continued assessment of any surcharge.

The following additional costs or fees are not allowed in any Bid:

Delivery location fees.

Small order/ “minimum order” fees.

“Special order” fees.

Purchasing card (P-Card) related charges.

Return fees (e.g. restocking fees).

6.0

BID PROCEDURE AND INSTRUCTIONS

6.1

CALENDAR OF EVENTS

Listed below are important dates and times by which actions related to this Request for Bid must be completed. In the event that the Procuring Agency finds it necessary to change any of these dates and times (except estimated dates and times), it will do so by posting an amendment to this RFB on VendorNet.

6.2

CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document by Monday, January 22, 2018 at 2:00 PM CST. If at any time prior to the bid due date, a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder must immediately notify the Procuring Agency representative named below of the issue in writing and request modification or clarification of the RFB document.

Email is the preferred method of written contact: Please email to: martin.kowalski@wistatefair.com --or —

FAX: Please Fax to: (414) 266-7008.

USPS/COMMON CARRIER ADDRESS

Wisconsin State Fair Park

Purchasing Office

7722 W. Greenfield Avenue

West Allis, WI 53214

All communication and/or questions on all matters regarding this Bid must be made in writing and refer to Request for Bid # 18-027-O and be directed to Martin Kowalski.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions will be posted on VendorNet (http://vendornet.state.wi.us).

All contact or communication with any employee or officer of the State of Wisconsin concerning this RFB, except the RFB Manager is strictly prohibited during the period from the date this RFB is released until the date the notice of intent to award is issued. The RFB Manager may authorize in writing contact or communication with another state employee or officer as circumstances may dictate. Prospective Bidders who hold a current Contract with the Procuring Agency may continue to communicate with the Procuring Agency Contract Administrator regarding the performance of that current Contract only.

6.3

REASONABLE ACCOMMODATIONS

Upon request, Wisconsin State Fair Park must provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with a disability. If accommodations are needed, please contact the RFB Manager.

6.4 E-Supplier REGISTRATION

Registration on the State of Wisconsin’s E-Supplier System (http://esupplier.wi.gov/) is available free of charge to all businesses and organizations that wish to sell commodities and services to the State. By registering, a Bidder may register for a bidders list for any commodity or service the Bidder is interested in providing to the State. E-Supplier also provides automatic email notification each time a Procuring State Agency, including University of Wisconsin System campuses, posts a Request for Bid with an estimated value over $50,000 in their designated commodity and or service area(s). Only registered Bidders with a valid email address at the time an RFB is posted will receive email notifications of amendments. Bidders who obtain the RFB from a third party, through the State of Wisconsin Public Notices website or by any other means assume responsibility for checking for updates to the RFB.

6.5

SUBMITTING A BID

Bids may be submitted in hard copy to the WSFP Business Office, by Fax, or by Email.

Hard Copy

Bidders must submit an original signed Bid, marked as stated below, and all materials required for acceptance of their Bid by the deadline shown on the Request for Bid (DOA-3070) form to:

USPS/COMMON CARRIER ADDRESS

Wisconsin State Fair Park

Purchasing Office

7722 W. Greenfield Avenue

West Allis, WI 53214

All Bids must be received and time-stamped at the above location no later than Monday January 30, 2018; 2:00 PM CST. Bids not time-stamped will be considered late and rejected. Receipt of a Bid by the State mail system does not constitute receipt of a Bid by the WSFP Purchasing Office.

All Bids must be packaged, sealed in a box or envelope and clearly marked with the following information on the outside of the package:

[BIDDER NAME AND ADDRESS]

Booth Drapery and Expo Equipment

RFB 18-027-O

Due: 1/30/2018, 2:00 PM Hand Delivered Bids Bids may be hand delivered to the WSFP Business Office at the address listed above. Bidder shall allow ample time to deliver bid and get the required time stamp. Bids delivered to any other location on the fair grounds shall be rejected.

Faxed Bids

A faxed Bid must be received in the Procuring Agency Purchasing Office prior to the Bid opening due date and time, at the fax number shown on the Request for Bid.

The time of receipt of a fax transmission is calculated from the time fax transmission ends. The entire transmission must be completed prior to the Bid opening due date and time. It is the Bidder’s responsibility to verify that the faxed Bid has been timely received and delivered to the Procuring Agency by the Bid opening date and time. The Procuring Agency is not responsible for late receipt of a Bid, regardless of the reason for the delay. Proof of transmission doesn’t constitute proof of receipt.

Faxed Bids that do not meet this requirement will be rejected.

All faxed Requests for Bid shall have a facsimile transmission cover letter. This letter shall include the following:

Date

WSFP Business Office Fax: (414) 266-7008

Attn: Marty Kowalski

Re: RFB 18-027-O Bidder’s fax number

Bidder’s name

Bidder’s contact person and telephone number

Number of pages (including cover) being transmitted

Faxed Bid responses must be signed, and each page must be initialed and numbered “page 1 of 5, page 2 of 5,” etc.

Emailed Bids An emailed Bid MUST be received by the WSFP Purchasing Office prior to the Bid opening due date and time, at the place shown on the Request for Bid. The subject line shall include: ‘Bid Response, RFB 18-027-O, [Bidder Name]’.

Bid responses must be emailed to martin.kowalski@wistatefair.com. Submitting a Bid to any other email address does not constitute receipt of a Bid.

It is the Bidder’s responsibility to verify that the emailed Bid has been timely received and delivered to the Procuring Agency by the Bid opening date and time. The Procuring Agency is not responsible for late receipt of a Bid, regardless of the reason for the delay. Proof of transmission does not constitute proof of receipt.

6.6

FORMAT OF BID RESPONSE

A complete bid submission will consist of the following forms: (Additional forms and supporting documentation may be included at the option of the bidder.)

· Signed Request for Bid Cover Sheet (DOA-3070): Include the signed Request for Bid sheet (DOA-3070, front page of this document) with the bid and those certifications required for submittal of a bid. Bids submitted in response to this RFB shall be signed by the person in the vendor's organization who is responsible for the decision as to the prices being offered in the bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices. DO NOT COPY AND RETURN THE ENTIRE BID DOCUMENT.

By submitting a signed bid, the vendor's signatories certify that in connection with this procurement: (a) the vendor's organization or an agent of the vendor's organization has arrived at the prices in its bid without consultation, communication or agreement with any other respondent or with any competitor for the purpose of restricting competition, (b) the prices quoted in the bid have not been knowingly disclosed by the vendor's organization or by any agent of the vendor's organization and shall not be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor, and (c) no attempt has been made or shall be made by the vendor's organization or by any agent of the vendor's organization to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

· Bid Response Sheet (Attachment A): Complete and return the Bid Response Sheet included with this document as Attachment A. (Separate Excel document) All prices for furnishing the product(s) and/or service(s) included in the bid in accordance with the terms and conditions in this RFB shall be included. No alternate price formats will be accepted. Alternate price formats may eliminate consideration for this bid.

Vendor Information Sheet (DOA-3477) and Reference Sheet (DOA-3478): Include the completed Vendor Information sheet (DOA-3477) and Vendor Reference sheet (DOA-3478).

6.7

MULTIPLE BIDS

Multiple Bids are permitted. However, each separate Bid must conform fully to the requirements for a Bid submission. Each Bid must be submitted separately and labeled as Bid #1, Bid #2, etc.; on each page included of the Bid response.

6.8

INCURRING COSTS

Neither the State of Wisconsin nor the Procuring Agency is liable for any costs incurred by the Bidder in responding to this RFB.

7.0

BID ACCEPTANCE AND AWARD

7.1

BID OPENING

A public Bid opening will be held on January 30, 2018 at 2:00 PM at the Wisconsin State Fair Park Business Office, 7722 W. Greenfield Avenue, West Allis, WI 53214. The names of all Bidders may be read aloud at that time.

7.2

BID REVIEW

All Bids will be reviewed by the Procurement Manager to ensure compliance with submittal requirements. WSFP shall be the sole judge as to Bidders’ compliance with the Bid instructions.

7.3

BID ACCEPTANCE

Bids that do not comply with Mandatory Requirements or Mandatory Specifications will be rejected. Bids that do not comply with Special Terms and Conditions of Bid may be rejected. Wisconsin State Fair Park in its sole discretion retains the right to accept or reject any or all Bids, or accept or reject any part of a Bid, if deemed to be in the best interest of the State.

7.4

METHOD OF AWARD

The Bid Award will be made on the basis of the lowest responsive, responsible Bidder. Prices Bid must be in US dollars unless otherwise indicated. Bids that require a specific quantity or dollar amount will be disqualified. In the event of Bidder error in calculation, unit price shall prevail in award.

Wisconsin State Fair Park intends to award to one Bidder judged to be in the best interest of the State. The State is the sole determinant of its best interests.

7.5

BIDDER REFERENCES/CLIENT LIST

The Bid response must include a completed Bidder Reference Form (DOA-3478) listing at least 3 names of companies with whom the Bidder has done business similar in size and scope as required by this RFB within the last 3 years. For each organization listed, the Bidder must include the company name, address, contact person, email address and telephone number along with a brief description of the product or service that formed the basis of the business relationship. The Procuring Agency will determine which references to contact in order to assess the quality of the product or service.

7.7

USE OF SUBCONTRACTORS

The Contractor will be responsible for the contract performance of its subcontractors. The Contract will be between WSFP and the awardee. The Contractor will be responsible for its subcontractors’ performance of the pertinent contract obligations including related Specifications, insurance requirements and applicable regulations. The Bidder must identify any potential subcontractor it intends to use to provide the product or service it will provide if awarded the Contract. All subcontractors must be approved in writing by the Procuring Agency. Any proposed substitution of an approved subcontractor must be submitted in writing to the Contract Manager 30 days prior to implementation of the substitution, and include the substitute’s qualifications, the reason for the change, and the intended effective date of the substitution. Failure to notify the Department may result in cancellation of the Contract without notice and without penalty to the State.

7.8

SUPPLIER DIVERSITY

7.8.1

MINORITY-OWNED BUSINESS ENTERPRISE

Minority-owned business enterprises (MBEs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program. The State of Wisconsin is committed to the promotion of MBEs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified MBEs that compete for State Contracts. This means that State agencies may make an award to the MBE submitting the lowest qualified bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (A MBE Bidder preference will not be considered on a printing or stationery procurement.) Policy provides that MBEs should have the maximum opportunity to participate in the performance of its Contracts. The Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to MBEs or by using such enterprises to provide commodities and services incidental to this agreement.

A listing of certified MBEs, as well as the services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx.

7.8.2

VETERAN-OWNED BUSINESS

The State Bureau of Procurement encourages the participation of veteran-owned businesses (VBs) in the statewide purchasing program by inviting VBs to actively solicit public purchasing business and by reducing undue impediments to such participation. VBs are certified by the Department of Veterans Affairs (DVA). Applicants must complete a Veteran-owned Business Request for Certification form (WDVA 1037). Contact the DVA at: http://dva.state.wi.us. There is no price preference for certified VBs that compete for State Contracts.

7.8.3

DISABLED VETERAN-OWNED BUSINESS

Disabled veteran-owned businesses (DVBs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program. The State of Wisconsin is committed to the promotion of DVBs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified DVBs that compete for State Contracts. This means that State agencies may make an award to the DVB submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (A Bidder preference will not be considered on a printing or stationery procurement.) Policy provides that DVBs should have the maximum opportunity to participate in the performance of its Contracts. The Supplier/Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to DVBs or by using such enterprises to provide commodities and services incidental to this agreement.

A listing of certified DVBs, as well as the services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx.

7.8.4

WOMAN-OWNED BUSINESS ENTERPRISE

Woman-owned business enterprises (WBEs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program.

State certified WBEs are able to provide both governmental entities and private companies with a credible recognition of the business’ ownership. The WBE certification may serve as an additional marketing tool when seeking contract opportunities with entities that place a value on having a diverse supplier base. There is no price preference for certified WBEs that compete for State Contracts.

A listing of certified WBEs, as well as the services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx.

7.9

AWARD NOTIFICATION

All Bidders who respond to this RFB with a Bid shall be notified in writing of the Agency’s intent to contract.

8.0

REQUIRED FORMS

The following is a list of forms pertaining to this RFB. Each form shall be completed and included with the bidder’s response. Forms listed as OPTIONAL are not required, but may be submitted as required at the option of the bidder.

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