RFB ILG0008.pdf

BID NO. 44500-O17-ILG0008

State of Wisconsin Wis. Statutes s.16.75

DOA-3070 (R08/2003)

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

AGENCY ADDRESS:

Department of Workforce Development 201 E. Washington Ave., Rm G400 Madison, WI 53703

Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid # ILG0008. 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 person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award.

REQUEST FOR BID – ILG0008

THIS IS NOT AN ORDER Bids MUST be in this office no later than

December, 08 2016 2PM CST BIDDER (Name and Address – Please fill out) Name (Contact for further information)

Paul Brady Phone

608.267.8898

Date

11/21/2016 Quote Price and Delivery FOB

Destination – Freight Included

Fax bids are accepted Fax bids are not accepted Item No.

Quantity and Unit Description Price

Per Unit Total

REQUEST FOR BID ILG0008

TELECOM HARDWARE

Telephones and Headsets For the Department of Workforce Development

Email bids to ASDProcurement@dwd.wi.gov Attention Paul Brady

Payment Terms Net 30 Delivery Time We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington Ave., Madison, Wisconsin 53702, (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) 266-2605.

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 E-mail.

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

BID NO. 44500-O17-ILG0008 TABLE OF CONTENTS

PAGE

State of Wisconsin

1.0 INTRODUCTION AND PURPOSE

1.1 Purpose and Intent of Request for Bid:

1.2 Project Overview/Scope of Bid:

1.3 DWD Contract Administrator

1.4 Contract Term and Extensions

1.5 Contract Termination

1.6 Sales Volume

1.7 Pricing and Discounts

1.8 Affirmative Action and Accommodation Statement

1.9 VendorNet Information

1.10 Prime Contractor, Subcontractor and Minority Business Information

1.11 Cooperative Purchasing Agreement

1.12 Certification for Collection of Sales and Use Tax

2.0 BID PROCEDURES AND INSTRUCTIONS

2.1 Bid Submittal

2.2 Calendar of Events

2.3 Bid Organization and Format

2.4 Multiple Bids

2.5 Incurring Costs

2.6 Questions and Clarifications

2.7 News Releases

2.8 References

3.0 BID ACCEPTANCE, EVALUATION AND AWARD

3.1 Bid Opening

3.2 Bid Acceptance

3.3 Bid Review/Method of Award

3.4 Notification of Intent to Award

3.5 Disclosure of Bid Information

4.0 GENERAL REQUIREMENTS

4.1 Bidder Qualifications/Experience

4.2 Reports, Recordkeeping and Record Retention

4.3 Audits, State and/or Federal

4.4 Material Ownership

4.5 Evaluation

4.6 Placement of Orders

4.7 Delivery/Freight on Board

4.8 Invoicing

4.9 Liquidated Damages

4.10 Warranty

5.0 SPECIFICATIONS

6.0 COST Sheet-Attachment A

7.0 STATE STANDARD TERMS AND CONDITIONS

8.0 VENDOR INFORMATION DATA SHEET

10.0 DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION

11.0 DEBARMENT FORM

12.0 LOBBYING FORM

12.1 DISCLOSURE OF LOBBYING ACTIVITIES FORM

13.0 VENDOR AGREEMENT FOR COOPERATIVE PURCHASING

14.0 AFFIDAVIT

1.0 INTRODUCTION AND PURPOSE

1.1 Purpose and Intent of Request for Bid:

The purpose of this document is to provide interested vendors with information on preparing and submitting a sealed bid for telecom hardware (telephones and headsets) for the Wisconsin Department of Workforce Development (DWD).

The State, as represented by DWD intends to use the results of this RFB process to contract with the lowest qualified bidder(s). The contract will be for two years with two optional one-year renewals.

The results of this bidding process may also be used to award additional similar contracts with other State agencies and municipalities if agreed to by the successful vendor.

1.2 Project Overview/Scope of Bid:

This is a request for bid for telecom hardware (telephones and headsets) for the Department of Workforce Development. Specifications are listed in section 5.0 and attached Excel Cost Sheet.

1.3 DWD Contract Administrator

The contract resulting from this RFB will be administered by Paul Brady, Administrative Services Division, Purchasing Office. All contacts between the bidder and the contracting agency will be through the designated agency representative, Ryan Radke, unless otherwise instructed. The bidder shall meet with the designated agency representative as requested to resolve problems. Any problems which cannot be resolved between the designated agency representative and the bidder will be referred to the Contract Administrator. The Contract Administrator will inform the bidder in writing of the unresolved issues and the bidder will respond with proposed corrective actions within 10 days of receipt of this letter. The state and/or the bidder can request meetings to address unresolved contract issues.

1.4 Contract Term and Extensions

Contract period will be for two years with two optional one-year renewals. The Contract shall be extended in writing ninety (90) days prior to expiration of the current contract period. Renewals are subject to the availability of funds. The contract may be extended by mutual agreement in the best interests of the State.

1.5 Contract Termination

DWD reserves the right to terminate the Contract without notice in whole or in part without penalty for failure of the Contractor to comply with terms, conditions and specifications of the Contract.

Contractor may terminate the contract with at least 90 days written notice to the contract administrator. The State may terminate the contract upon 30 days written notice to the contractor.

1.6 Sales Volume

The Department of Workforce Development spend on telecom hardware was over $76,000 for the last two fiscal years.

No guarantee can be made on the amount of purchases to be made during the forthcoming contract period. The successful contractor will be responsible for the furnishing of any and all quantities required.

1.7 Pricing and Discounts

All costs for the contract must be included in the cost detail sheet. These cost items are detailed in and are included in Attachment A Excel Cost Sheet.

Prices are to remain firm during the first year of the contract. After that date, if there has been an industry-wide price increase, prices may be increased by the same amount as the cost increase to the contractor. Notice of price increases must be fully documented and submitted to the Contract Administrator 30 days before the date of the proposed effective change. Documentation shall include copies of the supplier's notification to the vendor of the increase including the effective date. Increases shall not affect any orders written prior to the effective date of the increase. The Contract Administrator shall approve price increases.

Any price reductions passed on to other customers because of a competitive "softening" of the market are to be correspondingly offered at the same ratio to the state. Prices may be lowered at any time. Failure on the part of the vendor to promptly accord such industry-wide price decreases may constitute a breach and the contract may be cancelled. The state reserves the right to award any cancelled contract to the next low bidder if it is determined to be in the state's best interest. In the event of a decrease in price, the contractor(s) shall immediately notify the contract administrator of such decreases and issue revised price lists to cover this reduction. The decrease in price to the State of Wisconsin shall become effective on the same date as the decrease is effective to the contractor(s).

1.8 Affirmative Action and Accommodation Statement

The Department of Workforce Development and the Department of Commerce do not discriminate when providing services or employment on the basis of age, race, color, sex, national origin, ancestry, martial status, religion, sexual orientation, and arrest/conviction record, use of lawful products, military status or disability. If you need this material in an alternate format, or have concern or comment please contact Nadine Malm. Telephone – 608-266-0625; Fax – 608-266-0909, or email Nadine.Malm@dwd.state.wi.us. Deaf, hearing or speech impaired callers may reach us through the Wisconsin Telecommunication Relay System (WITRS).

1.9 VendorNet Information

VendorNet: 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, commodities 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 commodities 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 its 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. VendorNet registration should be reviewed annually to ensure all information is current and correct.

Request for Bids and Requests for Proposals from the State of Wisconsin Department of Workforce Development will be sent automatically only to vendors subscribing to VendorNet. If questions exist about VendorNet, call the VendorNet Information Center at 1-800-482-7813 or, in the Madison area call 264-7898.

1.10 Prime Contractor, Subcontractor and Minority Business Information

Subcontractors must abide by all terms and conditions of the contract. When subcontractors are used, this should be clearly explained in your submittal. However, the prime contractor will be responsible for contract performance whether or not subcontractors are used.

Bidders that are bidding on leases or rentals using a third party for financing are to identify the company and include a copy of their lease or rental agreement. Failure to do so may disqualify the bid.

The State of Wisconsin is committed to the promotion of minority business in the state’s purchasing program and a goal of placing five a minimum of (5) percent of its total purchasing dollars with certified minority businesses. Authority for this program is found in Wisconsin Statutes 15.107(2), 16.75(4), and 16.75(5) and 560.036(2).

The Department of Administration is committed to the promotion of minority business in the department’s purchasing program. With this procurement, the successful contractor is encouraged to purchase 5% of services and supplies from minority businesses certified by the Wisconsin Department of Commerce, Bureau of Minority Development. 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 this agreement, with a goal of awarding at least 5% of the contact price to such enterprises.

The awarded vendor will submit a subcontracting plan of action indicating their utilization of certified minority businesses on this contract. The Department of Workforce Development will require from the successful contractor a quarterly report of purchases of such supplies and services necessary for the implementation of this contract.

A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Office of Minority Business Program, (608) 267-7806.

The list is published on the Internet at: http://www.doa.state.wi.us/section.asp?linkid=113&locid=0.

1.11 Cooperative Purchasing Agreement

The bidder may agree to provide these services to Wisconsin municipalities under the terms and conditions of this contract. Agreement should be indicated using the Vendor Agreement -- Wisconsin's Cooperative Purchasing Service Form (DOA-3333), See Section 13.0.

1.12 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.

2.0 BID PROCEDURES AND INSTRUCTIONS

2.1 Bid Submittal

Submissions must be in PDF and Microsoft Excel format and emailed to ASDProcurement@dwd.wi.gov. In the subject line include the following information: ATTN: Paul Brady – ILG0008 Bid Response.

Bids must be received by DWD email servers no later than December 08, 2016 2PM CST.

LATE BIDS WILL BE REJECTED

2.2 Calendar of Events

Listed below are specific and estimated dates and times of actions related to this Request for Bid (RFB). The actions with specific dates must be completed as indicated unless otherwise changed by the Agency. In the event that the Agency finds it necessary to change any of the specific dates and times in the calendar of events listed below, it will do so by issuing an addendum to this RFB.

Event Date

a) RFB issued November 21, 2016

b) Deadline for submission of written questions via e-mail

November 30, 2016

c) Responses to questions issued to bidders via VendorNet

Decenber 02, 2016

d) Deadline for submission of bids December 08, 2016 2PM CST

e) Contract starts (estimated date) December 15, 2016

2.3 Bid Organization and Format

Bids must be in PDF and Microsoft Excel format. Required forms may be typed or legibly hand-printed, but they must be converted to PDF format in order specified below.

PDF pages should be combined into one PDF file. In the emailed submission there should be two files, one PDF with all pages contained in one file and one Excel spreadsheet, Attachment A.

Bids should be organized and presented in the order and by the number assigned in the RFB.

Page Format Item Section

1 PDF Cover letter/Introduction Optional 2 PDF Request For Bid Form (DOA-3070) Cover 3 PDF Vendor Information data sheet (DOA-3477) 8.0 4 PDF Vendor References (DOA-3478) 9.0 5 PDF Designation of confidential and proprietary information (optional)

(DOA-3027) 10.0

6 PDF Debarment Certification 11.0 7 PDF Lobbying Forms 12.0 8 PDF DOA-3333 Cooperative Purchasing Agreement 13.0 9 PDF DOA-3476 Affidavit 14.0

10 PDF Bidder-furnished materials, e.g., appendices, exhibits, attachments Optional Excel Cost Sheet Attachment A

Vendors responding to this RFB must comply with the format requirements described in this RFB.

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.

2.5 Incurring Costs

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

2.6 Questions and Clarifications

All questions regarding the Request for Bid must be submitted via e-mail to Paul Brady at ASDProcurement@dwd.wi.gov prior to November 30, 2016 COB.

Use “ILG0008 – Questions” in the subject line.

Persons other than the individual identified above are NOT authorized to discuss this RFB before the bid submission deadline identified in Section 2.2. Contact regarding this RFB with any personnel not listed above may result in disqualification.

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

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, revisions/amendments and/or supplements will be provided to all recipients of this initial RFB and will be posted on VendorNet. Bidders are responsible for reviewing this website periodically and addressing in their bid any clarifications provided by DWD. Each bid shall stipulate that it is predicated upon the requirements, terms and conditions of this RFB, and any supplements or revisions thereof.

2.7 News Releases

News releases pertaining to this RFB or to the acceptance, rejection, or evaluation of bids shall not be made without the prior written approval of the State.

2.8 References

Each contractor must furnish a minimum of three (3) references that are willing and capable of verifying information supplied by the vendor in their bid. Contractors should submit additional Reference Data Sheet forms if they have more than three references. The State reserves the right to contact and/or visit any party listed as a reference, which has previously utilized or is presently utilizing product(s) and/or service(s) proposed by the contractor. The State may also utilize other sources of information about the product(s) and/or service(s) proposed by the contractor where these sources are publicly available and are equally available for all competing contractors. Failure to obtain consistent positive references will be cause for disqualification.

Complete the Vendor Reference attachment provided in Section 9.0.

3.0 BID ACCEPTANCE, EVALUATION AND AWARD

3.1 Bid Opening

There will not be a public opening for this RFP unless requested. Requests for public opening must be received by the question submissions deadline on December 08, 2016.

3.2 Bid Acceptance

Bids that do not comply with instructions or are unable to comply with specifications contained in this RFB may be rejected by the State. The State may request reports on a vendor’s financial stability and if financial stability is not substantiated may reject a vendor’s bid. 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. The State reserves the right to negotiate the terms of the contract with the lowest responsible bidder.

3.3 Bid Review/Method of Award

Bids will be evaluated by DWD to verify that they meet all specified requirements in this RFB. Each bid, meeting all specified requirements, will be evaluated on the basis of costs submitted, discounts, services offered, financial stability, and favorable references. This verification may include reviewing the vendor’s bid document, contacting references furnished in the vendor’s bid, requesting reports on the vendor’s financial stability, reviewing demonstrations of the vendor’s service(s), and reviewing results of past awards to the vendor by the State of Wisconsin. Vendors may not contact the State reviewer(s) except at the State’s request.

Using the cost criteria established in Section 5.0 of the RFB, awards will be made by group or total contract, whichever is deemed by DWD to be in the best interest of the State. Each group must be bid complete (all items) by the bidder. The Bid Response Form (Attachment A) is to be used by the vendor to provide the detail of the costs as specified. All costs of complying with the terms and conditions of this RFB must be included on the Bid Response Form. Additional services available to the State should be listed on a separate page attached to the Bid Response Form.

Bids from certified Minority Business Entities may be provided up to a five percent (5%) preference.

3.4 Notification of Intent to Award

All vendors who respond to this RFB will be notified in writing of the State's intent to award the contract as a result of this RFB.

3.5 Disclosure of Bid Information

All information concerning the bids and the evaluation process will become part of the public record at the time that the notice of intent to award is issued.

Any restrictions on the use of the data contained in a vendor's response to this RFB must be clearly stated and Section 10.0, Designation of Confidential and Proprietary Information must be completed. Proprietary information submitted in response to this RFB will be handled in accordance with applicable State of Wisconsin procurement regulations and the Wisconsin Public Records Law.

Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential.

4.0 GENERAL REQUIREMENTS

4.1 Bidder Qualifications/Experience

Bidders must meet the following criteria:

Bidders must currently be in business, supplying similar goods and services to customers similar to the State of Wisconsin for a minimum period of two years. See Attachment A for a list of items.

Bidders must have a sales service staff, able to provide prompt technical assistance and training to respective State Agencies at any Wisconsin location, including problem solving/troubleshooting, etc.

Bidders must have ready access to manufacturer technical resources for problems that are beyond the ability of the bidder’s sales services staff.

Bidders must have email.

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

Contractors must clearly designate a person to provide on-going communication, coordinate servicing, answer questions and expedite deliveries. Indicate the names, addresses and phone numbers for contact persons for the following areas on the attached form (DOA 3477) section 8.

Affirmative Action Program (if contract is over $50,000) Ordering/Expediting Invoice Information Contract Renewal/Cancellation Contract Problems Returns

4.2 Reports, Recordkeeping and Record Retention

The bidder shall establish and maintain adequate records of all expenditures incurred under the contract in accordance with generally accepted accounting principles as promulgated by the American Institute of Certified Public Accountants. The bidder will be required to maintain records documenting contract performance. The bidder shall supply reports as requested regarding such items as quantities shipped and processed, dollar volumes to date per location, identify products and indicate quantities of items on backorder and project the expected delivery date of these items, and items that were purchased by state agencies manufactured from virgin materials, and any other information readily available from a bidder. Forms or format will be determined jointly by the Department of Workforce Development and the contractor. Bidder should be able to provide these reports within fifteen (15) working days of state’s request. Reports will be requested by Paul Brady, the Contract Administrator and will not be requested for periods of less than one month in length.

4.3 Audits, State and/or Federal

Duly authorized representatives of the state and the Wisconsin Legislative Audit Bureau shall have the right to audit, review, examine copy and transcribe any pertinent records or documents relating to any contract resulting from this RFB. The bidder shall retain all documents associated with this contract for a period of not less than four (4) years after final payment is made.

State and/or federal auditors and State employees may require access to Contractor records pertaining to the Contract for purposes of conducting audits and business process reviews. The Contractor agrees to allow access to their location upon receiving a twenty-four (24) hour notice.

4.4 Material Ownership

All materials produced as a result of this bid are the property of the State of Wisconsin.

4.5 Evaluation

Bids will be evaluated by DWD to verify they meet all specified requirements in this Request for Bid.

Each bid, meeting all specified requirements, will be evaluated on the basis of costs submitted, discounts, services offered, financial stability, and favorable references.

The DWD may reject bids which do not comply with instructions or are unable to comply with specifications contained in this Request for Bid. The DWD retains the right to accept or reject any or all bids deemed to be in the best interest of the DWD. The DWD shall be the sole judge as to compliance with the instructions contained in this Request for Bid.

4.6 Placement of Orders

These are the operational procedures for placing orders, receipt of orders, and shipping of orders:

Purchase order or PCard will be issued by the Department of Workforce Development.

Delivery shall be made according to this bid and as established in the method of order.

4.7 Delivery/Freight on Board

All new items must be shipped within 3-5 working days, and advanced replacement orders to be shipped within 24 hours (next day delivery). Vendor shall notify the agency immediately if the working day delivery time cannot be met. All orders are to be shipped complete.

Packing: Each package of goods shall be delivered in standard containers so constructed as to ensure acceptance by common or other carriers for safe transportation at the lowest rate to the point of destination.

Preparation for Delivery - Commercial packages will be acceptable. Items shall be packed in substantial containers, so constructed as to ensure acceptance by common or other carriers for safe transportation, at lowest rate, to the point of delivery. If at all possible, packaging that can be returned or is recyclable or made from recycled materials should be used. The shipping containers shall be marked with the name of the material, size, type and quantity contained therein, name of contractor, and the purchase order number.

4.8 Invoicing

The State of Wisconsin, Department of Workforce Development requires invoicing to occur on a once a month basis with shipping receipts for all shipments billed on the monthly billing. DWD utilizes an electronic invoicing payment system. The preferred method of receiving invoices would be by fax to 608-327-6012. The second preferred method would be email at einvoice@dwd.wisconsin.gov.

If neither of these options are available, invoices should be mailed to:

WI Department of Workforce Development ATTN: Accounts Receivable, G400 P.O. Box 7946 Madison, WI 53707-7946

Failure to meet contract requirements may result in affected agency withholding payment.

Invoices shall contain complete and accurate information including list prices and discounted prices. Bidder invoices shall be submitted to the state within 30 days of delivery. All invoices shall be sent to the address specified by the designated agency representative. All vendor invoice discounts for quick payment must be extended to the State of Wisconsin.

4.9 Liquidated Damages

This shall be surety for fulfillment of the contract(s) including quality, performance and delivery under the terms of this Request for Bid. Liquidated damages may consist of $50.00 or 1% of the cost of the order, which ever is higher per working day per line item for failure to deliver according to the bidder specified delivery schedule. Liquidated damages will be deducted from payments on the invoice covering the late shipments, if the invoice is of sufficient amount to cover the liquidated damages. If the invoice is not of a sufficient amount to cover the liquidated damages on a particular shipment, the agency will request cancellation of the invoice and a credit to cover the balance.

4.10 Warranty

Unless otherwise specifically stated by the bidder, equipment shall be warranted against defects by the bidder for one (1) year from date of installation. The successful bidder shall honor the manufacturer’s standard warranty. The State of Wisconsin reserves the right to reject any shipments that it deems to be faulty. Such shipments shall be returned at the contractor(s) expense. The state will not be responsible for charges incurred as a result of the defective product. If the contractor(s) is then unable to furnish an acceptable product, the State of Wisconsin may elect to purchase from another vendor such quantities as may be needed to fulfill the immediate requirement(s). Any difference in costs between the contract price and the price of such shipments(s) from another vendor shall be deducted from any monies, which may be due to the contractor.

5.0 SPECIFICATIONS

The specifications listed by part number on the Excel cost sheet Attachment A are minimum standards acceptable. If a bidder intends to substitute an equivalent item from the RFB, the bidder shall provide documentation (product literature, information) for said item. The Department of Workforce Development shall be the sole judge of equivalency.

6.0 COST SHEET-ATTACHMENT A

Please state cost per item on the attached Excel bid form(attachment A). A cost or an equivalent is required for each and every item listed. DWD is also requesting a discount off catalog list price.

Please state discount from catalog list price on bid form.

Cost sheet must be emailed to ASDProcurement@dwd.wi.gov attention Paul Brady along with the required PDF forms listed in section 2.3

7.0 STATE STANDARD TERMS AND CONDITIONS

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 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 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 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 perform-ing 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 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: 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 any contract with a federally debarred contractor or a contractor which 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 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 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 twenty-five

thousand dollars ($25,000) 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 twenty-five (25) 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.

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, the Rules of the Industrial Commission on Safety, 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 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.

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 by 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 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) 266-3590.

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.

8.0 VENDOR INFORMATION DATA SHEET

STATE OF WISCONSIN Bid / Proposal # ILG0008

DOA-3477 (R05/98)

Commodity / Service

VENDOR INFORMATION

FEIN Company Name ( )

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 ( )

3 Person responsible for affirmative action plan.

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

CEO / President Name

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

9.0 VENDOR REFERENCE FORM

STATE OF WISCONSIN BID/PROPOSAL # ILG0008

DOA-3478 (R12/96)

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 three (3) or more…