RFB 21-2769 Networking Equipment and Supplies.pdf

JD-21-2769

UNIVERSITY OF WISCONSIN SYSTEM

REQUEST FOR BID (RFB) JD-21-2769

Networking Equipment and Supplies

University of Wisconsin System

DATE OF ISSUE: December 15, 2020

PROPOSAL DUE DATE: January 12, 2021 2:00pm CT

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.)

AGENCY ADDRESS:

E-mails of bid submissions must plainly indicate due date and Request for Bid #JD-21-2769. .

University of Wisconsin System Administration Office of Procurement 780 Regent Street, Suite 105 Madison, WI 53715

REQUEST FOR BID

Networking Equipment and Supplies for University of Wisconsin System

THIS IS NOT AN ORDER

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.

BIDDER (Name and Address) Bids MUST be in this office no later than

January 12, 2021 at 2:00pm CT Name (Contact for further information)

Jacob Dwyer – jdwyer@uwsa.edu

Phone

(608) 263-4584

Date

December 15, 2020

Quote Price and Delivery FOB

Fax bids are accepted Fax bids are not accepted

Item No.

Quantity and Unit Description Price

Per Unit

Total Networking Equipment and Supplies for the University of Wisconsin System

Payment Terms: Net 30 Delivery Time 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. Yes No Unknown 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.

Name of Authorized Company Representative (Type or Print) Title Phone Fax

Signature of Above Date Email:

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

Table of Contents

1 Introduction and Purpose

1.1 Purpose of the Request

1.2 Reasonable Accommodations

1.3 Scope

1.4 Overview of Procuring Agency

1.5 Contract Length

1.6 Method of Award

1.7 Cancellation and Termination

1.8 VendorNet Registration

2 Bid Procedures and Instructions

2.1 Method of Bid/Submission

2.2 Calendar of Events

2.3 Format of Bid

2.3.1 Signed Request for Bid Sheet

2.3.2 State of Wisconsin Terms and Conditions

2.3.3 Additional Information

2.3.4 Cost Information

2.4 Multiple Bids

2.5 Incurring Costs

2.6 Questions

2.7 News Releases

3 Bid Acceptance, Evaluation and Award

3.1 Bid Opening

3.2 Bid Acceptance

3.3 Bid Evaluation

3.4 Notification of Intent to Award

3.5 Appeals Process

4 Technical Requirements

4.1 Performance and contract Requirements:

4.2 Firm Discounts

4.3 Reporting Requirements

4.4 Product Delivery

4.5 New Products

4.6 Repairs and Returns

4.7 Reporting

5 Bidder’s Qualifications and Information

5.1 Purpose of Invitation

5.2 Bidder’s Qualifications and Information Requirements

5.3 Bidder’s Information

5.3.1 Name and Address of Operating Company

5.3.2 Operations of Similar Nature

5.3.3 Pertinent Information for Consideration

5.3.4 Supplementary Information

5.3.5 Omission, Inaccuracy or Misstatement May Be Cause For Bid Rejection

6 Checklist

7 Bid Submittal Form

7.1 Bid

7.2 Addenda

7.3 Eligible Purchasers

7.4 Signature

8 Standard Terms and Conditions

9 Vendor Information – DOA 3477

10 Vendor Client Reference - DOA 3478

11 Designation of Confidential and Proprietary Information DOA 3027

1 Introduction and Purpose

1.1 Purpose of the Request

PURPOSE OF THE REQUEST FOR BIDS: The purpose of this document is to provide interested parties with information to enable them to prepare and submit a bid for networking equipment and supplies.

The State of Wisconsin, as represented by University of Wisconsin Board of Regents, intends to use the results of this process to award a contract for Networking Equipment and Supplies on behalf of the University of Wisconsin System as identified in this bid document.

1.2 Reasonable Accommodations

REASONABLE ACCOMMODATIONS: The University of Wisconsin System Administration, Office of Procurement will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations at a bid opening/vendor conference, contact Jacob Dwyer in representation of the University of Wisconsin System Administration - Office of Procurement at 608-263-4584.

1.3 Scope

SCOPE: The University of Wisconsin System, comprised of twenty-six campuses statewide, requests bids for networking equipment and supplies. The manufacturers desired on this contract are listed on the Itemized Bid List.

1.4 Overview of Procuring Agency

OVERVIEW OF PROCURING AGENCY: The University of Wisconsin System Administration performs administrative and executive functions for the University of Wisconsin System and its Institutions.

1.5 Contract Length

CONTRACT LENGTH: It is the intent of the University to commence the resulting contract on or about January 13, 2021. The contract term will be for a three-year period from the effective date with two (2) automatic one (1) year extensions possible by mutual consent.

The total maximum contractual length will be five (5) years.

1.6 Method of Award

METHOD OF AWARD: The University shall determine if the bidder is financially, managerially, and operationally capable of providing the required services based on the vendor’s response to this bid. Only those vendors determined to be capable of providing the goods and services shall be considered. Representatives from the University reserve the right to inspect the bidder’s facilities and other operations under the contractor’s management prior to award of this bid.

Awards will be issued to the vendors offering the highest percentage discount off the manufacturer’s most current list price. Multiple vendors may be awarded for each manufacturer if it is in the best interest of the University.

PARTIES TO THE CONTRACT: The contract shall be between the State of Wisconsin Board of Regents of the University of Wisconsin System hereafter referred to as the "University" and the successful bidder hereafter referred to as the "Vendor” and/or “Contractor" for the provision of providing networking equipment and supplies according to the terms set forth herein.

1.7 Cancellation and Termination

CANCELLATION AND TERMINATION: The University of Wisconsin System reserves the right to cancel the resulting contract/agreement, for any reason, by giving written notice to Contractor of such cancellation and specifying the effective date thereof, at least one hundred eighty (180) days before the effective date of such cancellation.

Contractor shall, in the event of such cancellation, be entitled to receive compensation for any work accepted hereunder in accordance with the University of Wisconsin System’s order(s). Contractor may also be compensated for partially completed work in the event of such cancellation. The compensation for such partially completed work shall be no more than the percentage of completion of each work effort, as determined in the sole discretion of the University of Wisconsin System, times the corresponding payment for completion of such work as set forth in the University of Wisconsin System’s order(s).

In addition, the University of Wisconsin System reserves the right to terminate the resulting contract/agreement, for reasons of breach of contract, by giving written notice to Contractor of such termination and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. The University shall provide ten (10) calendar days written notice of contract breach and unless within ten (10) calendar days such neglect has ceased and arrangements made to correct, the University may cancel the contract by giving one hundred eighty (180) day notice in writing by registered or certified mail of its intention to cancel this contract.

Contractor shall, in the event of such termination, be entitled to receive compensation for any work accepted hereunder in accordance with the University of Wisconsin System's order(s). Contractor shall also be compensated for partially completed work in the event of such termination. The compensation for such partially completed work shall be no more than the percentage of completion of each work effort, as determined in the sole discretion of the University of Wisconsin System, times the corresponding payment for completion of such work as set forth in the University of Wisconsin System's order(s).

Should the University breach any terms or provisions of this contract, the contractor shall serve written notice on the University setting forth the alleged breach and demanding compliance with the contract. Unless within ten

(10) calendar days after receiving such notice, the allegation shall be contested or such breach shall cease and arrangements be made for corrections, the contractor may cancel the contract by giving one hundred twenty (120) day notice, in writing, by registered or certified mail of its intention to cancel this contract.

Upon cancellation, termination or other expiration of the resulting contract/agreement, each party shall forthwith return to the other all papers, materials, and other properties of the other held by each for purposes of execution of the contract/agreement. In addition, each party will assist the other party in the orderly termination of this contract/agreement and the transfer of all aspects hereof, tangible or intangible, as may be necessary for the orderly, non-disruptive business continuation of each party.

The University may discontinue this contract, in whole or in part, without penalty at any time due to non-appropriation of funds.

If the contractor fails to maintain and keep in force required insurance, the University shall have the right to cancel and terminate the contract without notice.

1.8 VendorNet Registration

The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state including the University of Wisconsin System. Anyone may access VendorNet on the Internet at vendor.wi.gov to get information on state purchasing practices and policies, goods and services that the state buys, and tips on selling to the state. Vendors may use the same Web site address for inclusion on the bidders list for goods and services that the organization wants to sell to the state. A subscription with notification guarantees the organization will receive an e-mail message each time a state agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $50,000. Organizations without Internet access receive paper copies in the mail. Increasingly, state agencies also are using VendorNet to post simplified bids valued at $50,000 or less. Vendors also may receive e-mail notices of these simplified bid opportunities.

2 Bid Procedures and Instructions

2.1 Method of Bid/Submission

NUMBER OF COPIES TO BE SUBMITTED:

One (1) e-mail containing the itemized bid list, bid forms, and all other required documentation must be submitted to jdwyer@uwsa.edu. The itemized bid list must be in Excel format and all other bid documentation must be in PDF format when submitted. Bid must be received, and date/time stamped prior to 2:00 p.m. CST/CDT on the stated proposal due date. E-mail subject line must contain the following title, “RFB 21-2769 Networking Equipment and Supplies.” Bids not so date/time stamped shall be considered late. Late proposals shall be rejected.

RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES

Submitting a bid to any other e-mail address than jdwyer@uwsa.edu does not constitute receipt of a valid bid by the Office of Procurement. Proof of transmission does not constitute proof of receipt. E-mail submissions must be a scanned copy of the document with ACTUAL signatures and initials (not typed or electronic signatures).

https://vendornet.wi.gov/ mailto:jdwyer@uwsa.edu

2.2 Calendar of Events

CALENDAR OF EVENTS: Listed below are important dates and times by which actions related to this Request for Bid (RFB) must be completed. If the University of Wisconsin System finds it necessary to change any of these dates and times it will do so by issuing a supplement to this RFB.

DATE EVENT

Date of issue of the RFB December 15, 2020 Supplier Written Questions Due December 28, 2020 @ 5:00pm CT Answers to Suppliers Questions posted (approx.) January 4, 2021 Bids Due January 12, 2021 @ 2:00pm CT

2.3 Format of Bid

Vendors responding to this Request for Bid (RFB) must comply with the following format requirements:

2.3.1 Signed Request for Bid Sheet

Include the signed Request for Bid sheet (page 2) included with the bid and those certifications required for submittal of a bid. Bids submitted in response to this Request for Bid (RFB) must 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.

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/commissions 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/commissions quoted in the bid have not been knowingly disclosed by the vendor's organization or by any agent of the vendor's organization and will 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 will 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.

2.3.2 State of Wisconsin Terms and Conditions

These standard and supplemental terms and conditions shall govern this proposal and subsequent award. Vendors must accept these terms and conditions or submit point-by-point exceptions along with proposed alternative or additional language for each point, including any vendor contracts. 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 bid. 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.

2.3.3 Additional Information

Include the completed Vendor Data Sheet and Vendor Reference Data Sheet and any other forms required in the bid. Include all additional information that will be essential to an understanding of the bid. This might include diagrams, excerpts from manuals, or other explanatory documentation that would clarify and/or substantiate the bid document.

2.3.4 Cost Information

Provide cost information on the Request for Bid sheet. All costs for furnishing the product(s) and/or service(s) included in the bid in accordance with the terms and conditions in this RFB must be included. Only bid sheets of manufacturer’s products that are being bid need to be included.

2.4 Multiple Bids

Multiple bids from a vendor will be permissible however each bid must conform fully to the requirements for bid submission. Each such bid must be separately submitted and labeled as Bid #1, Bid #2, etc. on each page included in the response. Alternate acquisition plans do not constitute multiple bids.

2.5 Incurring Costs

INCURRING COSTS: The State of Wisconsin and University of Wisconsin System (including the Board of Regents of the University of Wisconsin System, its officers, agents and employees) are not liable for any cost incurred by a vendor in the process of responding to this RFB.

2.6 Questions

Any questions concerning this RFB must be submitted via e-mail on or before December 28, 2020 to:

University of Wisconsin System Administration, Office of Procurement Jacob Dwyer – Procurement Specialist jdwyer@uwsa.edu

Vendors are expected to raise any questions, exceptions, or additions they have concerning the RFB document or the attached State of Wisconsin Contract at this point in the RFB process. If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the vendor should immediately notify the above-named individual of such error and request modification or clarification of the RFB document.

If 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.

From the date of release of this RFB, until a Letter of Intent is issued, all contacts with the University of Wisconsin System Personnel regarding this RFB shall be made through this purchasing section in the University of Wisconsin System Administration (UWSA) Office of Procurement. Violation of this condition may be considered sufficient cause for rejection of a proposal, irrespective of any other considerations.

Each bid shall stipulate that it is predicated upon the terms and conditions of this RFB and any supplements or revisions thereof.

2.7 News Releases

NEWS RELEASES: News releases pertaining to the RFB or to the acceptance, rejection, or evaluation of bids shall not be made without the prior written approval of the University of Wisconsin System Administration, Office of Procurement.

Each bid shall stipulate that it is predicated upon the terms and conditions of this RFB and any supplements or revisions thereof.

3 Bid Acceptance, Evaluation and Award

3.1 Bid Opening

BID OPENING: Bids will be opened on January 12, 2021 at 2:00pm.

Public Opening: No

All bids shall REMAIN FIRM for a minimum of ninety (90) days from the date of bid opening.

3.2 Bid Acceptance

Bids which do not comply with instruction or are unable to comply with the specifications contained in the RFB may be rejected by the University of Wisconsin System Administration, Office of Procurement. The University of Wisconsin System may request reports on a vendor’s financial stability and if financial stability is not substantiated may reject a vendor’s bid. The University of Wisconsin System Administration, Office of Procurement shall be the sole judge as to compliance with the instructions contained in this RFB.

3.3 Bid Evaluation

Bids will be evaluated by the University of Wisconsin System Administration to verify that they will meet all specified requirements in this RFB. This verification may include requesting reports on the vendor’s financial stability, conducting demonstration of the vendor’s proposed products(s) and/or service(s), and reviewing results of past awards to the vendor by the State of Wisconsin and the University of Wisconsin System.

Bids from certified Minority Business enterprises may be provided up to a five percent (5%) bid preference in accordance with Wis. Stats. S. 16.75(3m).

3.4 Notification of Intent to Award

Any vendors who respond to this RFB with a bid, will be notified in writing of the State’s intent to award the contract(s) as a result of this RFB.

After notification of the intent to award is made, and under the supervision of University of Wisconsin System Administration Office of Procurement staff, copies of bids will be available for public inspection 8:30 a.m. to 4:30 p.m. at 780 Regent Street, Madison WI 53715. Vendors should schedule reviews with Jacob Dwyer at 608-263- 4584 to ensure that space is available for the review.

3.5 Appeals Process

The appeals procedure applies to only those requests for bids that are $50,000 or greater. Notices of intent to protest and protests can be submitted via e-mail. Protestors should make their protests as specific as possible and should identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated.

The written notice of intent to protest the intent to award a contract must be filed with the President of the University System in care of:

Mr. Brent Tilton Director of UW System, Office of Procurement 780 Regent Street, Suite 105

Madison, WI, 53715 btilton@uwsa.edu

Appeals shall be received by the close of business no later than five (5) working days after the notice of intent to award is issued.

The written protest must be delivered to his e-mail address by the close of business no later than ten (10) working days after the notice of intent to award is issued.

The decision of the Director of UW System Office of Procurement may be appealed to the Secretary of the Department of Administration within five (5) working days of the issuance of that decision with copy to Office of Procurement.

4 Technical Requirements

4.1 Performance and contract Requirements:

All requirements in this section are mandatory.

4.2 Firm Discounts

Prices for the items listed on this contract shall be based on a firm discount from the most current US Commercial price list. The percentage must remain firm during the initial and each succeeding contract term; or may be renegotiated by the University and the Contractor. The percent discount must be in whole numbers. No fractions of percentages are allowed.

Should prices change during the contract term, it is the responsibility of the Contractor to submit an e-mail, referencing the contract number, and send two [2] copies of the new price list or revised portions, to Purchasing 30 days prior to any price increases becoming effective. An acceptance of the price list change will be in the form of an amendment to the contract.

4.3 Reporting Requirements

The contractor will be required to submit reports annually to the University of Wisconsin System - Office of Procurement listing all products purchased against this contract.

4.4 Product Delivery

Delivery of this equipment is desired approximately 21 days after receipt of order. Bidders are to state if they can meet this delivery time frame.

Campus may require installation of equipment. Vendor is required to be able to provide this service. See Itemized Bid List for installation fee requirement.

This equipment is to be delivered to our dock at various campuses of the University of Wisconsin (statewide).

Vendor shall ship F.O.B. Destination Prepaid. Equipment is to be in operating condition with operating instructions, operating manuals and maintenance manuals given to University personnel. Bid prices are to include all packing, instructional and manual charges.

4.5 New Products

New/additional products that are not in the categories listed on the Itemized Bid List may be purchased separately.

A separate percent discount for this equipment is requested on the Itemized Bid List. Equipment, which is no longer manufactured, or which is not being ordered in sufficient quantity will be deleted from this contract.

Contractors shall promptly notify UW System Division of Procurement of new or discontinued items and changes in mailto:btilton@uwsa.edu manufacturer's suggested list prices.

4.6 Repairs and Returns

Bidders must be able to supply replacement parts as specified by the manufacturer. It is expected that an adequate parts inventory will be maintained to service all items purchased as a result of this bid. Bidders must provide on-site or depot repair for equipment as a result of this bid. Equipment may be carried or shipped prepaid to service center with a maximum of 72-hour turn-around to be provided.

The successful bidder (contractor) must be prepared to honor the manufacturer's standard warranty.

The contractor shall agree to accept return of system ordered in error and not installed for up to 30 days from receipt with the University paying only the return shipping. This is not intended to cover systems, but those parts of systems which have been unintentionally misconfigured. This does not include software.

4.7 Reporting

The contractors will be required to annually report all products purchased against this contract to UW System Procurement. The report should be submitted after the anniversary date of the contract to the University of Wisconsin System – Office of Procurement. Failure to provide this information can be cause for cancellation of the award.

5 Bidder’s Qualifications and Information

5.1 Purpose of Invitation

It is the purpose of this invitation to bid to obtain as complete data as possible from each bidder to enable the University to determine which bidder is best able to serve the University.

From the total information required, determination shall be made of the bidder's demonstrated financial, managerial, and operational ability and resources to serve the University. Only bids from financially responsible organizations or individuals, as determined by the University, presently engaged in and which have the capability to perform as specified and provide the goods and services shall be considered.

Bidders shall provide a written response to all required Bidder's Information on company letterhead. The Bidder's Information should be prepared simply and economically, providing a straightforward, concise description of that which is required. Emphasis should be on completeness and clarity of content. Elaborate Marketing materials are not desired.

5.2 Bidder’s Qualifications and Information Requirements

The bidder shall furnish and include responses to each of the following items as part of the Bid Submittal to determine bidder’s qualifications. Failure to meet all the mandatory qualifications will result in disqualification. The qualification criteria the bidders must meet to be considered for an award are:

• The contractor must have currently provided networking equipment and support services for a minimum of three (3) years.

• The bidder’s response must clearly demonstrate the capacity to handle the requirements of this contract in addition to current workload.

• Bidder must be a manufacturer or an authorized distributor or dealer of the equipment they are bidding on with service capabilities for the equipment.

• Bidder must have obtained highest certification to sell and repair the products included in this bid. Bidders MUST submit documentation on manufacturer’s letterhead REFERENCING THIS BID NUMBER verifying their authorization as an authorized reseller with the bid, when applicable. We will also accept bidders that include proof of authorization by the manufacturer to resell the equipment with the service performed directly by the manufacturer.

• Bidder must be financially stable and responsible. Bidder may be asked to provide financial information.

5.3 Bidder’s Information

Bidder’s Information is required even if it is currently on file at UW System Office of Procurement with previous or current contracts. The required bidder’s information is as follows:

5.3.1 Name and Address of Operating Company

Provide the requested information on the Vendor Information sheet.

5.3.2 Operations of Similar Nature

A list of state, educational, or municipal customers which you are currently, or have within the last 3 years, provided the specified goods and services. The list shall include up to four (4) similar operations. Information is to be included on the Vendor Client Reference sheet.

5.3.3 Pertinent Information for Consideration

Other such information as the bidder deems pertinent for consideration by the University.

5.3.4 Supplementary Information

The University may request supplementary information as is sufficient, in the opinion of the University, to assure the University that the bidder's competence, business organization, and financial resources are adequate to successfully perform the specified service.

5.3.5 Omission, Inaccuracy or Misstatement May Be Cause For Bid Rejection

The bidders shall furnish and include the above required data and information with the bid. Statements are required to be complete and accurate. Omission, inaccuracy, or misstatement may be sufficient cause for rejection of bid.

6 Checklist

Bid Submittal Checklist Bid Submittal Forms

Bid Submittal Form with Signature

Appropriate pages from Schedule A – Itemized Bid Form

Required Documentation & Forms to be Submitted along with Bid Submittal Forms:

Request for Bid Cover Page – DOA-3070 Form – Page 2 of this document

Bidder’s Qualifications and Information as required in Section 5

Section 9 Vendor Information

Section 10 Vendor Client Reference

Section 11 DOA-3027 Designation of Confidential and Proprietary Information (if applicable)

Note: This checklist is to help proposers ensure their submittal packet is complete. This sheet does not need to be returned as part of the submittal.

7 Bid Submittal Form

We, the undersigned, in compliance with the Request for Bid JD-21-2769 Networking Equipment and Supplies, dated December 15, 2020, hereby bid the following products as follows:

7.1 Bid

Use Schedule A – Itemized Bid List to submit bids with the percentage discount.

7.2 Addenda

THE BELOW ADDENDA HAVE BEEN RECEIVED AND CONSIDERED IN THE PREPARATION OF THIS BID. PLEASE

COMPLETE THE ACKNOWLEDGMENT BY INSERTING THE DATE OF THE ADDENDA.

WE ACKNOWLEDGE: ADDENDUM #1 DATE _________

ADDENDUM #2 DATE _________

7.3 Eligible Purchasers

All twenty-six UW System campuses shall be eligible to purchase from this contract. Contractor should indicate if other State agencies and municipalities (including K-12) are also eligible to purchase from this contract at the same discounts.

YES__________ NO___________

7.4 Signature

Company Name

Address

City, State, Zip

Phone Email

Fax FEIN

Name Title

Signature Date

In making these bids we acknowledge that we have read and understood this Request for Bid (RFB) and hereby submit our bid in accordance with the terms and conditions of the bid specifications and agree to fulfill our legal obligations pursuant to the attached contractual provisions.

8 Standard Terms and Conditions

Standard Terms and Conditions of the State of Wisconsin displayed on the following three pages of this document.

Wisconsin Department of Administration Chs. 16, 19, 51

DOA-3054 (R 03/2019)

Standard Terms And Conditions (Request For Bids / Proposals)

SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The State of Wisconsin shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal.

2.0 DEVIATIONS AND EXCEPTIONS: Deviations and excep-

tions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letter-head, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifica-tions and the bidders/proposers shall be held liable.

3.0 QUALITY: Unless otherwise indicated in the request, all

material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the State of Wisconsin.

4.0 QUANTITIES: The quantities shown on this request are

based on estimated needs. The state reserves the right to increase or decrease quantities to meet actual needs.

5.0 DELIVERY: Deliveries shall be F.O.B. destination freight

prepaid and included unless otherwise specified.

6.0 PRICING AND DISCOUNT: The State of Wisconsin quali-

fies for governmental discounts and its educational institu-tions also qualify for educational discounts. Unit prices shall reflect these discounts.

6.1 Unit prices shown on the bid/proposal or contract

shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.

6.2 Prices established in continuing agreements and

term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award.

Any increase proposed shall be submitted to the contracting agency thirty (30) calendar days before the proposed effective date of the price increase and shall be limited to fully documented cost increases to the contractor which are demonstrated to be indus-trywide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements.

6.3 In determination of award, discounts for early

payment will only be considered when all other con-ditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30).

7.0 UNFAIR SALES ACT: Prices quoted to the State of

Wisconsin are not governed by the Unfair Sales Act.

8.0 ACCEPTANCE-REJECTION: The State of Wisconsin

reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the State of Wisconsin.

Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid/proposal is due. Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a bid/proposal by the purchasing office.

9.0 METHOD OF AWARD: Award shall be made to the lowest

responsible, responsive bidder unless otherwise specified.

10.0 ORDERING: Purchase orders or releases via purchasing

cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized.

11.0 PAYMENT TERMS AND INVOICING: The State of

Wisconsin normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified.

Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing.

A good faith dispute creates an exception to prompt payment.

12.0 TAXES: The State of Wisconsin and its agencies are

exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below.

The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel.

However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The State of Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials.

13.0 GUARANTEED DELIVERY: Failure of the contractor to

adhere to delivery schedules as specified or to promptly replace rejected materials shall render the contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs.

14.0 ENTIRE AGREEMENT: These Standard Terms and

Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attach-ments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority.

DOA-3054 (R 03/2019)

Standard Terms And Conditions

15.0 APPLICABLE LAW AND COMPLIANCE: This contract

shall be governed under the laws of the State of Wisconsin.

The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax.

The State of Wisconsin also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts.

16.0 ANTITRUST ASSIGNMENT: The contractor and the State

of Wisconsin recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser).

Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract.

17.0 ASSIGNMENT: No right or duty in whole or in part of the

contractor under this contract may be assigned or dele-gated without the prior written consent of the State of Wisconsin.

18.0 WORK CENTER CRITERIA: A work center must be certi-

fied under s. 16.752, Wis. Stats., and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals.

19.0 NONDISCRIMINATION / AFFIRMATIVE ACTION: In

connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis.

Stats., sexual orientation as defined in s. 111.32(13m), Wis.

Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising;

layoff or termination; rates of pay or other forms of compensation; and selection for training, including appren-ticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities.

19.1 Contracts estimated to be over fifty thousand dollars

($50,000) require the submission of a written affirmative action plan by the contractor. An exemp-tion occurs from this requirement if the contractor has a workforce of less than fifty (50) employees. Within fifteen (15) working days after the contract is awarded, the contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency.

19.2 The contractor agrees to post in conspicuous places, available for employees and applicants for employ-ment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law.

19.3 Failure to comply with the conditions of this clause

may result in the contractor's becoming declared an "ineligible" contractor, termination of the contract, or withholding of payment.

19.4 Pursuant to s. 16.75(10p), Wis. Stats., contractor

agrees it is not, and will not for the duration of the contract, engage in a prohibited boycott of the State of Israel as defined in s. 20.931(1)(b). State agencies and authorities may not execute a contract and reserve the right to terminate an existing contract with a company that is not compliant with this provision. This provision applies to contracts valued $100,000 or over.

19.5 Pursuant to 2019 Wisconsin Executive Order 1, contractor agrees it will hire only on the basis of merit and will not discriminate against any persons performing a contract, subcontract or grant because of military or veteran status, gender identity or expression, marital or familial status, genetic information or political affiliation.

20.0 PATENT INFRINGEMENT: The contractor selling to the

State of Wisconsin the articles described herein guarantees the articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe any United States patent. The contractor covenants that it will at its own expense defend every suit which shall be brought against the State of Wisconsin (provided that such contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recov-erable in any such suit.

21.0 SAFETY REQUIREMENTS: All materials, equipment, and

supplies provided to the State of Wisconsin must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards.

22.0 WARRANTY: Unless otherwise specifically stated by the

bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the contractor.

23.0 INSURANCE RESPONSIBILITY: The contractor perform-

ing services for the State of Wisconsin shall:

23.1 Maintain worker's compensation insurance as

required by Wisconsin Statutes, for all employees engaged in the work.

23.2 Maintain commercial liability, bodily injury and prop-

erty damage insurance against any claim(s) which might occur in carrying out this agreement/contract.

Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall

DOA-3054 (R 03/2019)

Standard Terms And Conditions be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage.

23.3 The state reserves the right to require higher or lower

limits where warranted.

24.0 CANCELLATION: The State of Wisconsin reserves the

right to cancel any contract in whole or in part without penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifica-tions of this contract.

25.0 VENDOR TAX DELINQUENCY: Vendors who have a

delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin.

26.0 PUBLIC RECORDS ACCESS: It is the intention of the

state to maintain an open and public process in the solicita-tion, submission, review, and approval of procurement activities. Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract. Pursuant to §19.36 (3), Wis. Stats., all records of the contractor that are produced or collected under this contract are subject to disclosure pursuant to a public records request. Upon receipt of notice from the State of Wisconsin of a public records request for records produced or collected under this contract, the contractor shall provide the requested records to the contracting agency. The contractor, following final payment, shall retain all records produced or collected under this contract for six (6) years.

27.0 PROPRIETARY INFORMATION: Any restrictions on the

use of data contained within a request, must be clearly stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law. Proprie-tary restrictions normally are not accepted. However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation.

27.1 Data contained in a bid/proposal, all documentation

provided therein, and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, docu-mentation, and innovations become the property of the State of Wisconsin.

27.2 Any material submitted by the vendor in response to

this request that the vendor considers confidential and proprietary information, and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary Informa-tion form (DOA-3027). Bidders/proposers may request the form if it is not part of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential.

28.0 DISCLOSURE: If a state public official (s. 19.42, Wis.

Stats.), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266- 8123).

State classified and former employees and certain

University of Wisconsin faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis. Stats.

29.0 RECYCLED MATERIALS: The State of Wisconsin is

required to purchase products incorporating recycled mate-rials whenever technically and economically feasible.

Bidders are encouraged to bid products with recycled content which meet specifications.

30.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an

order(s) resulting from this award(s) is a hazardous chemi-cal, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s).

31.0 PROMOTIONAL ADVERTISING / NEWS RELEASES:

Reference to or use of the State of Wisconsin, any of its departments, agencies or other subunits, or any state offi-cial or employee for commercial promotion is prohibited.

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