RFB GBTO 6793.pdf

State of Wisconsin Wis. Statutes s.16.75

DOA-3070 (R05/2014)

BIDS MUST BE SEALED & ADDRESSED TO:

AGENCY ADDRESS:

Bid envelope must be sealed and plainly marked in lower corner with due date and:

Request for Bid # GBTO 6793

University of Wisconsin-Green Bay Purchasing Office, Cofrin Library Rm 730 2420 Nicolet Dr.

Green Bay, WI 54311

Late bids will be rejected. Bids MUST be received and acknowledged by the soliciting Purchasing Department on or before the date and time that the bid is due. Bids dated and time stamped in another Department will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing Department. 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. Bids will 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

THIS IS NOT AN ORDER

BIDDER (Name and Address)

Bids MUST be in this office no later than

October 11, 2019, 2:00 PM CDT Name (Contact for further information)

Tory Ortscheid

Phone Date

920-465-2598 September 27, 2019 Quote Price and Delivery FOB

Delivered and Installed

Fax or email bids are not accepted Item

No.

Quantity and Unit Description Price

Per Unit

Total Mechanics of Materials Lab Equipment

Lab equipment per the General Specifications (Section 4.0) and example items provided on the Cost Submission Form.

Tecquipment is the example manufacturer/item number.

Alternate items quoted must be clearly identified by manufacturer name, item number/description and warranty period.

*N/A

*N/A

*Enter costs on Cost Submission Form

Payment Terms 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:

STATE OF WISCONSIN

REQUEST FOR BIDS (RFB) # GBTO 6793

FOR:

TABLE OF CONTENTS

1.0 INTRODUCTION AND PURPOSE

2.0 BID PROCEDURE AND INSTRUCTIONS

3.0 BID ACCEPTANCE, EVALUATION AND AWARD

4.0 GENERAL SPECIFICATIONS AND COST SUBMISSION FORM

5.0 REQUIRED FORMS

- VENDOR DATA SHEET

- VENDOR REFERENCE DATA SHEET

- VENDOR AGREEMENT

6.0 TERMS AND CONDITIONS

- SPECIAL, STANDARD AND SUPPLEMENTAL TERMS AND CONDITIONS

1.0 INTRODUCTION AND PURPOSE:

1.1 PURPOSE OF THE REQUEST FOR BID: The University of Wisconsin – Green Bay, Richard J.

Resch Engineering School, intends to use the results of this Request for Bid to purchase Engineering Lab Equipment.

1.2 SCOPE: See Section 4.0 General Specifications and Cost Submission Form for the minimum acceptable specifications for items desired. The estimated item quantities identified on the Cost Submission From are for bid purposes only. The University does not guarantee to purchase any specific quantity or dollar amount. All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification or condition of bid, Purchasing reserves the right to revise that specification, condition of bid or item. Failure to meet a mandatory requirement may disqualify your bid. All correspondence regarding this bid must refer to Bid # GBTO 6793. No revisions to this bid may be made unless in the form of an official written addendum issued by the University of Wisconsin – Green Bay Purchasing Office.

1.3 REASONABLE ACCOMMODATIONS: The Department 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/optional site visit contact Tory Ortscheid at 920-465-2598.

1.4 METHOD OF BID: The bidder will submit the cost of each item. Bid prices must include all packing, freight, insurance, warranty, instruction and operation manual charges. Failure to bid FOB DESTINATION, delivery and installation charges and risk of loss borne by the Contractor in price may disqualify your bid.

1.5 METHOD OF AWARD: The award shall be made to each separate line item to the lowest responsive and responsible bidder, which is judged to be in the best interest of the University. More than one supplier may be awarded the bid based on pricing. The University is the final judge of determining whether said items meet the requirements of the bid.

1.6 CANCELLATION AND TERMINATION: The State 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 ten (10) 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 State'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 State, times the corresponding payment for completion of such work as set forth in the State's order(s).

In addition, the State 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. Contractor shall, in the event of such termination, be entitled to receive compensation for any work accepted hereunder in accordance with the State'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 State, times the corresponding payment for completion of such work as set forth in the State's order(s).

Upon cancellation, termination or other expiration of the resulting contract/agreement, each party shall 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.

1.7 VENDORNET REGISTRATION

Only vendors registered with the State of Wisconsin’s VendorNet will receive future official notice for this service/commodity. 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. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us 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 $25,000. 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.

2.0 BID PROCEDURES AND INSTRUCTIONS:

2.1 BID SUBMITTAL

Bid must be received in UWGB Purchasing Office no later than the bid due date and time specified on bid cover. LATE BIDS WILL BE REJECTED.

MAILED/DELIVERED BIDS: All paper copy bid responses must be sealed with envelope plainly marked in the lower left corner indicating the bid number and the bid opening date.

All pages of the original bid request must be included, plus any additions from the vendor. Each page (including cover) will be initialed and numbered “page 1 of 5, page 2 of 5,” etc.

Paper replies to bid requests will be signed.

2.2 CALENDAR OF EVENTS: Listed below are important dates and times by which actions related to this

Request for Bids (RFB) must be completed. In the event that the State finds it necessary to change any of these dates and times it will do so by issuing a supplement to this RFB.

DATE EVENT

September 27, 2019 Issuance of the RFB October 2, 2019 Supplier questions due in Purchasing Office October 4, 2019 University issues responses to Supplier questions October 11, 2019 Bids due in Purchasing Office October 16, 2019 Award business TBD Delivery/Installation Completed

2.3 FORMAT OF BID: Vendors responding to this RFB must comply with the following format requirements:

a) SIGNED REQUEST FOR BID SHEET: Bids submitted in response to this 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. The Bid Sheet refers to the bid cover form, DOA Form 3070.

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 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.

(b) Each Page of Bid Packet Initialed and Dated: Return the bid packet in its entirety, with all pages acknowledges with initial and date. Complete all attached forms.

(c) State of Wisconsin Terms and Conditions: These standard 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 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.

(d) ADDITIONAL INFORMATION: 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.

2.4 INCURRING COSTS: The State of Wisconsin is not liable for any cost incurred by a vendor in the process of responding to this RFB.

2.5 QUESTIONS: Any questions concerning this RFB must be submitted in writing (See Section 2.2). No other questions will be responded to. All questions are to be addressed to:

Tory Ortscheid UWGB Purchasing Department ortschet@uwgb.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.

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.

From the date of release of this RFB, all contacts with UWGB personnel regarding this RFB shall be made through this Purchasing Department. 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.

2.6 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 State.

mailto:ortschet@uwgb.edu

3.0 BID ACCEPTANCE, EVALUATION AND AWARD:

3.1 BID OPENING: There will be no public opening of the bid submissions.

3.2 BID ACCEPTANCE: Bids, which do not comply with instructions or do not comply with specifications contained in this RFB may be rejected by the State. The State retains the right to accept or reject any or all bids, or accept or reject any part of a bid deemed to be in the best interest of the State. The State shall be the sole judge as to compliance with the instructions contained in this RFB.

3.3 MINORITY BUSINESS: The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The contracting agency is committed to the promotion of minority business in the state's purchasing program. The State of Wisconsin policy provides that minority-owned business enterprises certified by the Wisconsin Department of Commerce, Bureau of Minority Business Development 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 minority-owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises.

3.4 NOTIFICATION OF AWARD: Any vendors who respond to this RFB, with a bid, will be notified in writing of the State's award of the contract(s) from this RFB.

3.5 CERTIFICATION FOR COLLECTION OF SALES AND USE TAX: The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract, if the vendor or contractor has not met or complied with the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax.

4.0 GENERAL SPECIFICATIONS AND COST SUBMISSION FORM:

Specific manufacturer(s) and/or catalog/model/stock numbers are provided to establish the design, type of construction, quality, functional capability and performance level desired. Adequate detailed specifications of the items being bid must be included with your bid. The bidder may offer alternate items believed to be an equivalent. Any alternate items must clearly identify manufacturer name, item number/description and warranty period. Detailed specifications (including brochures, operating manuals, maintenance manuals or other written materials) of any alternate items offered must be included with your bid to establish equivalency. The University will be the sole judge of equivalent acceptability between Bidder responses.

Failure to provide the requested product specifications and information for items bid may disqualify your bid.

Contractor, at a minimum must provide a three year manufacturer’s warranty on items and/or parts purchased under this contract. Bidder must indicate Warranty Period on the Cost Submission Form.

COST SUBMISSION FORM

Line Quantity (Each) Item and Description Example Manufacturer and Item Number

Manufacturer Name and Item

Number/Description Quoted

Warranty Period

(# of years)

Price per Each

A 1

Torsion testing machine -A bench mounted machine to allow students to do torsion tests on different materials.

Tecquipment SM1001 - Experiment

B 1

Torsiometer -A digital torsiometer to measure the angular displacement during torsion test experiment. Must be compatible with torsion testing machine.

Tecquipment SM1001A - Ancillary

C 10

Torsion specimens -Different types of steel, brass and cast iron torsion test specimens

Tecquipment TR1040 - Specimen

D 10

Torsion specimens -Different types of steel, brass and cast iron torsion test specimens

Tecquipment TR1050 - Specimen

E 10

Torsion specimens -Different types of steel, brass and cast iron torsion test specimens

Tecquipment TR1010 - Specimen

F 10

Torsion specimens -Different types of steel, brass and cast iron torsion test specimens

Tecquipment TR1011 - Specimen

G 10

Torsion specimens -Different types of steel, brass and cast iron torsion test specimens

Tecquipment TR1020 - Specimen

H 10

Torsion specimens -Different types of steel, brass and cast iron torsion test specimens

Tecquipment TR1021 - Specimen

I 4

Bench mounted VDAS -A bench mounted versatile data acquisition system to allow computer-based data capture for a wide range of experiments

Tecquipment VDAS-B (mkII) - Ancillary

J 1

Energy absorbed at fracture apparatus -A small-scale bench mounted notched bar impact tester to conduct Izod and Charpy impact experiments

Tecquipment TE15 - Experiment

K 1

Materials laboratory with data capture -A small bench-mounted tensile testing machine with digital data capture to characterize materials

Tecquipment

MF40 MKII -

Experiment

L 10

Tensile specimens -Different types of steels, aluminum and brass tensile testing specimens

Tecquipment ML5BR - Specimen

M 10

Tensile specimens -Different types of steels, aluminum and brass tensile testing specimens

Tecquipment ML1MS - Specimen

N 10

Tensile specimens -Different types of steels, aluminum and brass tensile testing specimens

Tecquipment ML2CS - Specimen

O 10

Tensile specimens -Different types of steels, aluminum and brass tensile testing specimens

Tecquipment ML3SS - Specimen

P 10

Tensile specimens -Different types of steels, aluminum and brass tensile testing specimens

Tecquipment ML4AL - Specimen

Q 1

Beam apparatus -A bench mounted beam apparatus to determine the deflections and reactions in simply

Tecquipment SM1004 - Experiment supported and cantilever beams

R 1

Euler buckling apparatus -A bench mounted apparatus to study the buckling, load and deflection characteristics of struts

Tecquipment SM1005 - Experiment

S 1

Bench top tensile testing machine -A lab-scale hand driven bench top tensile testing machine with 20 kN capacity

Tecquipment SM1002 - Experiment

T 1

Extensometer -Precision digital extensometer to measure displacement during tensile testing.

Must be compatible with the tensile testing machine

Tecquipment SM1002A - Ancillary

U 1

Compression cage -A compression fixture to be compatible with the tensile testing machine to conduct compression tests

Tecquipment SM1002B - Ancillary

V 10

Tensile specimens -Different types of steels, aluminum and brass specimens for tensile testing machine

Tecquipment TL1010 - Specimen

W 10

Tensile specimens -Different types of steels, aluminum and brass specimens for tensile testing machine

Tecquipment TL1011 - Specimen

X 10

Tensile specimens -Different types of steels, aluminum and brass specimens for tensile testing machine

Tecquipment TL1020 - Specimen

Y 10

Tensile specimens -Different types of steels, aluminum and brass specimens for tensile testing machine

Tecquipment TL1021 - Specimen

Z 10

Tensile specimens -Different types of steels, aluminum and brass specimens for tensile testing machine

Tecquipment TL1030 - Specimen

AA 10

Tensile specimens -Different types of steels, aluminum and brass specimens for tensile testing machine

Tecquipment TL1040 - Specimen

AB 8

Strain gage kit -A kit containing a selection of strain gages together with all the necessary accessories for bonding the gages and wiring them

Tecquipment E19 - Experiment

I CERTIFY, BY MY SIGNATURE, THAT I HAVE THE AUTHORIZATION TO PROVIDE A QUOTE FOR THE EQUIPMENT DESCRIBED IN THE BID #GBTO 6793, ON BEHALF OF THE COMPANY IDENTIFIED BELOW.

COMPANY

ADDRESS

SIGNATURE

SIGNATURE (PRINT)

TITLE

DATE

5.0 REQUIRED FORMS:

The following forms must be completed and submitted with the bid in accordance with the instructions given in Section 2.3. Blank forms are on the following pages.

Vendor Information (DOA-3477) Vendor Reference (DOA-3478) Vendor Agreement (DOA-3333)

STATE OF WISCONSIN Bid / Proposal # GBTO 6793

DOA-3477 (R05/98)

Commodity / Service Mechanics of Materials

Lab Equipment

VENDOR INFORMATION

1. BIDDING / PROPOSING COMPANY NAME

FEIN

Phone ( ) Toll Free Phone ( )

FAX ( ) E-Mail Address

Address

City State Zip + 4

2. Name the person to contact for questions concerning this bid / proposal.

Name Title

Phone ( ) Toll Free Phone ( )

FAX ( ) E-Mail Address

3. Any vendor awarded over $25,000 on this contract must submit affirmative action information to the department. Please name the Personnel / Human Resource and Development or other person responsible for affirmative action in the company to contact about this plan.

Name Title

Phone ( ) Toll Free Phone ( )

FAX ( ) E-Mail Address

4. Mailing address to which state purchase orders are mailed and person the department may contact concerning orders and billings.

Name Title

Phone ( ) Toll Free Phone ( )

FAX ( ) E-Mail Address

5. CEO / President Name

This document can be made available in accessible formats to qualified individuals with disabilities.

STATE OF WISCONSIN Bid / Proposal # GBTO 6793 DOA-3478 (R12/96) Mechanics of Materials

Lab Equipment

VENDOR REFERENCE

FOR VENDOR:

Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) used for four (4) or more installations with requirements similar to those included in this solicitation document. If vendor is proposing any arrangement involving a third party, the named references should also be involved in a similar arrangement.

Company Name

Address (include Zip + 4)

Contact Person Phone No.

Product(s) and/or Service(s) Used

Company Name

Address (include Zip + 4)

Contact Person Phone No

This document can be made available in accessible formats to qualified individuals with disabilities.

State of Wisconsin Department of Administration

DOA-3333 (R03/2004)

Division of State Agency Services State Bureau of Procurement

Vendor Agreement Wisconsin’s Cooperative Purchasing Service

Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts.

Participating in the service gives vendors opportunities for additional sales without additional bidding. Municipalities use the service to expedite purchases. A "municipality" is defined as any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis.Stats.

Interested municipalities:

• will contact the contractor directly to place orders referencing the state agency contract number; and

• are responsible for receipt, acceptance, inspection of commodities directly from the contractor, and making payment directly to the contractor.

The State of Wisconsin is not a party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases.

The State of Wisconsin will determine the contractor’s participation by checking a box below.

MANDATORY: Bidders/Proposers must agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. Vendors should note any special conditions below.

OPTIONAL: Bidders/Proposers may or may not agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. A vendor’s decision on participating in this service has no effect on awarding this contract.

A vendor in the service may specify minimum order sizes by volume or dollar amount, additional charges beyond normal delivery areas, or other minimal changes for municipalities.

Vendor: please check one of the following boxes in response.

I Agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities with any special conditions noted below.

I Do Not Agree to furnish the commodities or services to Wisconsin municipalities.

Special Conditions (if applicable):

Signature Date (mm/dd/yy)

Name (Type or Print)

Title

Company

Telephone

Address (Street)

City

State

ZIP + 4

Commodity/Service

Request for Bid/Proposal Number

GBTO 6793

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

6.0 TERMS AND CONDITIONS

Listed at the end of this document.

Wisconsin Department of Administration Chs. 16, 19, 51

DOA-3054 (R1/2018)

Standard Terms And Conditions (Request For Bids / Proposals)

1.0 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

exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, 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 specifications 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

qualifies for governmental discounts and its educational institutions 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 industrywide. 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 conditions 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

DOA-3054

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 attachments 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.

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 delegated without the prior written consent of the State of Wisconsin.

18.0 WORK CENTER CRITERIA: A work center must be

certified 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 apprenticeship. 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 exemption 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 employment, 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 Effective October 27, 2017, consistent with 2017

Wisconsin Executive Order 261, contractor agrees it is not engaged in a boycott of the State of Israel and further, contractor will not during the term of the contract engage in a boycott of the State of Israel. State agencies may not execute a contract and reserve the right to terminate an existing contract with a business entity that is not compliant with this provision.

This provision applies to all contracts of all values.

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 recoverable 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

performing 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

property 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 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 specifications 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 solicitation, 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. Proprietary 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, documentation, 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 Information 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 materials 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 chemical, 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 official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the State of Wisconsin. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency.

32.0 HOLD HARMLESS: The contractor will indemnify and

save harmless the State of Wisconsin 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 prosecuting work under this agreement.

33.0 FOREIGN CORPORATION: A foreign corporation (any

corporation other than a Wisconsin corporation) which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis.

Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin

Department of Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of Corporation, P. O. Box 7846, Madison, WI 53707-7846; telephone (608) 261-7577.

34.0 WORK CENTER PROGRAM: The successful

bidder/proposer shall agree to implement processes that allow the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to purchase goods and services produced by work centers certified under the State Use Law, s.16.752, Wis. Stat.

This shall result in requiring the successful bidder/proposer to include products provided by work centers in its catalog for State agencies and campuses or to block the sale of comparable items to State agencies and campuses.

35.0 FORCE MAJEURE: Neither party shall be in default by

reason of any failure in performance of this Agreement in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party.