University of Wisconsin-Oshkosh

REQUEST FOR BID

THIS IS NOT AN ORDER

AGENT: Jesse Crain

Questions regarding this bid – see Section 3.1

For Submittal of Bid Instructions – see Section 1

BID NUMBER: JJC-22-321

ISSUE DATE: 11/18/2021

DUE DATE: 12/02/2021

If NO BID (check here) and return.

Bid prices and terms shall be firm for sixty (60) days from the date of bid opening, unless otherwise specified in this Request for Bid by the University Procurement. Unless otherwise noted, public openings will be on the date and time specified. Award(s), if any, will be made as soon thereafter as possible. The bid abstract will be on file and is open to public inspection only after award determination has been made.

UW Oshkosh Marching Band Drums

In signing this bid, we have read and fully understand and agree to all terms, conditions and specifications and acknowledge that the University Procurement bid document on file shall be the controlling document for any resulting contract. We certify that we have not, either directly or indirectly, entered into any contract 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 stated statement is accurate under penalty of perjury. I certify that the information I have provided in this bid is true and I understand that any false, misleading or missing information may disqualify the bid.

By submitting a bid, the bidder certifies that no relationship exists between the bidder and the University that interferes with fair competition or is a Conflict of Interest, and no relationship exists between such bidder and another person or firm that constitutes a Conflict of Interest. Further, bidder certifies that no employee of the University whose duties relate to this request for bid assisted the bidder in preparing the bid in any way other than in his or her official capacity and scope of employment.

The Bidder certifies by submission of the bid that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

COMPANY NAME:

COMPANY STREET ADDRESS:

COMPANY CITY, STATE & ZIP:

SIGNATURE: DATE :

TYPE OR PRINT NAME:

TITLE:

TELEPHONE NUMBER: ( ) FAX NUMBER: ( )

EMAIL ADDRESS:

FEIN NUMBER: DUNS #:

Contents

1 SUBMITTAL INSTRUCTIONS

1.1 Bid Response Requirements

2 GENERAL INFORMATION

2.1 Purpose

2.2 Scope

2.3 Definitions

2.4 E-Supplier Registration

2.5 Orders

2.6 Electronic Commerce/Online Ordering

2.7 Campus Delivery Requirements

2.8 Promotional Materials/Endorsements

2.9 Energy Star

2.10 Discriminatory Boycotts of Israel

2.11 Supplier Diversity

2.11.1 Minority Business Enterprise Program (MBE)

2.11.2 Woman-Owned Business Enterprise Program (WBE)

2.11.3 Disabled Veteran Owned Business Program (DVB)

2.11.4 VETERAN-OWNED BUSINESS Program (VB)

3 BID PROCESS INSTRUCTIONS

3.1 Clarifications and/or Revisions through Designated Contact

3.2 Applicable Dates

3.3 Contract Term

3.4 F.O.B. Job Site

3.5 Oral Presentations, Product Demonstrations and Site Visits (Pre-Award)

3.6 Proprietary Information

3.7 Accommodations for Individuals with Disabilities

3.8 Method of Bid

3.9 Method of Award

3.10 Oral Presentations, Product Demonstrations and Site Visits (PreAward)

4 BIDDER QUALIFICATIONS

4.1 Bidder Information

4.2 Bidder Experience

4.3 Authorization

4.4 Client List / References

4.5 Fair Price Analysis

4.6 Trademark

4.7 Minimum Order

4.8 Debarrment

5 PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 Firm Prices

5.2 F.O.B

5.3 University Imports

5.4 Timeliness of Delivery

5.5 Item Return Policy

5.6 Additional Items/Services

5.7 Acceptance and Testing (Post Award)

5.8 Invoicing Requirements

5.9 Payment Terms

5.10 Shipments, Duplicates and Overshipments

5.11 Training

5.12 Insurance

5.13 Performance Meetings

5.14 Subcontracting

5.15 Activity Reports

5.16 Contract Termination

5.17 Other Eligible Purchasers

5.18 Record and Audit

5.19 Entire Contract

5.20 Random Sampling

5.21 Travel Per Diems

6 SPECIFICATIONS

6.1 Specification

6.2 Warranty

6.3 Maintenance or Repair

6.4 Contracting With Other Vendor

6.5 Trade-In

6.6 Demonstration Equipment

6.7 Employee Identification

6.8 Cables

6.9 Third Party Financing

6.10 Environmentally Friendly “Green” Products

7 ATTACHMENT A – BIDDER RESPONSE SHEET

8 ATTACHMENT B – ITEMIZED BID LIST

9 ATTACHMENT C – VENDOR INFORMATION FORM

10 ATTACHMENT D – CLIENT REFERENCE LIST

11 ATTACHMENT E – STANDARD TERMS AND CONDITIONS

1 SUBMITTAL INSTRUCTIONS

BIDS MAY BE EMAILED TO: fm-bids@uwosh.edu

Bids must be received and date/time stamped prior to 2:00 p.m. CST/CDT on the stated bid due date. Bids not so date/time stamped shall be considered late. Late bids shall be rejected.

RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES

The University accepts completed bids e-mailed to fm-bids@uwosh.edu provided (i) they are date/time stamped prior to 2:00 p.m. CST/CDT on the stated bid due date.

Submitting a bid to any other e-mail address than fm-bids@uwosh.edu does not constitute receipt of a valid bid by

Procurement. Proof of transmission doesn't constitute proof of receipt.

Email submissions may not be greater than 25 megabytes. Any email file greater than 25 megabytes will be rejected by the email server. It is the responsibility of the sending party to confirm emailed bid responses were received by the Purchasing office prior to bid due date.

1.1 Bid Response Requirements

In order for your bid to be considered, the following forms/information must be completed and submitted as part of your bid response. Failure to provide these forms/information with your bid submittal may disqualify your bid.

1. Request for Bid Form (signed)

2. Bidder Response Sheet (including attachments as requested on Bidder Response Sheet) (Attachment A)

3. Specifications, descriptive brochure and detail for the item(s) bid (Section 6) (Attachment B)

4. Itemized Bid List (Attachment C)

5. Vendor Information Form (Attachment D)

6. Client Reference List (Attachment E)

2 GENERAL INFORMATION

2.1 Purpose

The University of Wisconsin-Oshkosh, hereinafter referred to as the "University", through its Purchasing Services

Department, hereinafter referred to as "Purchasing," on behalf of Department of Music hereinafter referred to as

"University," requests bids for the purchase of percussion instruments for our Marching Band.

All University of Wisconsin-Oshkosh departments must be eligible to purchase from this contract.

Conditions of bid which include the word “must” or “shall” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification, condition of bid or provide a specific item/service on the Itemized Bid List, Purchasing reserves the right to delete that specification, condition of bid or item without having to complete the bid process mailto:fm-bids@uwosh.edu again. FAILURE TO MEET A MANDATORY REQUIREMENT MAY DISQUALIFY YOUR BID. This contract bid document and the awarded bidder’s (Contractor’s) response information shall become the Contract.

2.2 Scope

Founded in 1871, University of Wisconsin Oshkosh is a regional public institution of higher education comprised of three campuses, and one of 11 comprehensive universities in the University of Wisconsin System. With campuses in Oshkosh, Fond du Lac and Menasha, UW Oshkosh serves more than 14,000 students and offers more than 110 certificate, associate, baccalaureate, master’s and doctorate degree programs in both traditional classroom and online settings. UW Oshkosh is a research-enhanced, comprehensive university that serves as the educational, cultural and economic engine for 1.2 million citizens in the region. Learn more about us: Oshkosh campus, Fond du Lac campus and Menasha campus. Currently, our University will be starting a marching band, which is scheduled to being full performance in the fall of 2022. This RFB will be for the drum portion on the marching band.

See Specifications (Section 6 and Attachment B) and/or Itemized Bid List (Attachment C) for the minimum acceptable specifications for items/services desired. The estimated item quantities identified on the Itemized Bid

List are for bid purposes only. The University does not guarantee to purchase any specific quantity or dollar amount. This Contract must not be construed as mandatory upon any University campus, State agency or municipality. The University reserves the right to issue separate bids when deemed in the best interest of the

University.

2.3 Definitions

The following definitions are used throughout this document:

Agent means University Procurement Agent responsible for this Request for Bid. Full contact information can be found in Section 3.1.

Bid means Request for Bid.

Bidder means a firm submitting a bid in response to this Request for Bid.

Contractor means successful Bidder awarded the bid.

Custom Charges/Fees: typically includes, but is not limited to, United States duties, if applicable; port of entry documentation fees; custom clearance fees; applicable tax; etc.

Department means University Department of Music.

DVB means Disabled Veteran-Owned Business.

GSA means General Services Administration.

MBE means Minority Business Enterprise.

Purchasing Card means State credit card.

Procurement means the Procurement Office in the Division of Finance and Adminsitration responsible for the procurement of goods and services on UW Oshkosh campus, located at 800 Algoma Blvd, Dempsey 236, Oshkosh, WI 54901

State means State of Wisconsin.

University and UW both mean University of Wisconsin - Oshkosh.

University Imports: When the University is the Importer of Record or has responsibilities for paying Custom

Charges/Fees for products purchased directly from a foreign country.

WBE means Woman-Owned Business Enterprise.

2.4 E-Supplier Registration

Registration on the State of Wisconsin’s Wisconsin VendorNet Portal is available free of charge to all businesses and organizations that want to sell to the state or University system. Only vendors who are registered in

Wisconsin’s VendorNet Portal are guaranteed to receive notice of State of Wisconsin solicitation opportunities in their commodity or service area. To register with Wisconsin e-Supplier Portal navigate to:

https://vendornet.wi.gov/Home.aspx Registration allows a vendor to:

• Register for a bidders list for commodities/services that the vendor wants to sell to the state.

• Receive an automatic e-mail notification each time a state agency, including the University of Wisconsin

System campuses, posts a Request for Bid (BID) or a Request for Proposal (RFP) with an estimated value over $50,000 in their designated commodity/service area(s).

• Receive an e-mail notification of addendums/amendments relative to the BID or RFP.

2.5 Orders

Under this contract, Specific order(s), Contract blanket order(s), or Purchasing Card orders (defined below) may be issued to the Contractor(s). Bidder should identify method by which you will accept orders against this contract

(e.g. e-mail, fax, internet, mail, phone, etc.).

• Specific order(s): issued as one-time orders.

• Contract blanket order(s): issued for a specified period of time, to allow departmental personnel to issue releases against the Contract blanket order(s) as needed.

• Purchasing Card order(s): issued as one-time order(s).

2.6 Electronic Commerce/Online Ordering

Customers of this contract may want to take advantage of electronic ordering and “E-Commerce” opportunities that may be offered by the Contractor. All electronic orders shall receive contract pricing and/or discounts.

2.7 Campus Delivery Requirements

2.7.1. Delivery of orders shall be made to University departments five days per week, Monday through

Friday, during normal University business hours.

2.7.2. Any unique delivery arrangements must be pre-approved by contacting the ordering Department

Parking

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UW-Oshkosh Transportation Services at No additional Contractor costs will be https://vendornet.wi.gov/Home.aspx allowed for parking fees or violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed and/or towed.

2.8 Promotional Materials/Endorsements

Contractor agrees that they will not use any promotional or marketing material which states expressly or implies that the University endorses either the Contractor or any party related to the Contractor or this Contract.

2.9 Energy Star

The State encourages the use of equipment which meets the Environmental Protection Agency (EPA) Energy

Star™ requirements. The Energy Star Program is a voluntary contract between an Original Equipment

Manufacturer (OEM) and the EPA. It is not mandatory that every device offered under this bid meet Energy Star requirements but the bulk of the product line should be energy efficient. Bidder should identify those items which meet the Energy Star requirements on the Bidder Response Sheet.

2.10 Discriminatory Boycotts of Israel

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.

2.11 Supplier Diversity

2.11.1 Minority Business Enterprise Program (MBE)

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 University of Wisconsin

Colleges and Extension is committed to the promotion of minority business in the state's purchasing program.

The State of Wisconsin policy provides that Wisconsin Certified minority-owned business enterprises 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.

The supplier/contractor may be requested to provide information about its purchases from Wisconsin certified

MBEs.

A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Office of the Minority Business Program, 608/267-7806. To view all MBE firms go to https://wisdp.wi.gov/search.aspx select the MBE box and click search.

2.11.2 Woman-Owned Business Enterprise Program (WBE)

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

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

A listing of certified WBEs, as well as the services and commodities they provide, is available at:

https://wisdp.wi.gov/search.aspx

2.11.3 Disabled Veteran Owned Business Program (DVB)

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

The State of Wisconsin is committed to the promotion of DVBs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified DVBs that compete for State Contracts. This means that State agencies may make an award to the DVB submitting the lowest qualified Bid when that qualified

Bid is not more than 5% higher than the apparent low Bid. (A Bidder preference will not be considered on a printing or stationery procurement.) Policy provides that DVBs should have the maximum opportunity to participate in the performance of its Contracts. The Supplier/Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to DVBs or by using such enterprises to provide commodities and services incidental to this agreement.

The Supplier/Contractor shall furnish appropriate quarterly information about its efforts, including the identities of such businesses certified by the Supplier Diversity Program and their Contract amount.

A listing of certified DVBs, as well as the services and commodities they provide, is available at:

https://wisdp.wi.gov/search.aspx

2.11.4 VETERAN-OWNED BUSINESS Program (VB)

The State of Wisconsin encourages the participation of veteran-owned businesses (VBs) in the statewide purchasing program by inviting VBs to actively solicit public purchasing business and by reducing undue impediments to such participation. VBs are certified by the Department of Veterans Affairs (DVA). Applicants shall complete a Veteran-owned Business Request for Certification form (WDVA 1037).

Contact the DVA at: http://dva.state.wi.us. There is no price preference for certified VBs that compete for State

Contracts.

3 BID PROCESS INSTRUCTIONS

3.1 Clarifications and/or Revisions through Designated Contact

All communications and questions in regard to this request must be in writing and must reference the bid number.

Bidders are required to e-mail written questions to the Agent.

If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this BID, they have five (5) business days after the bid issue date and time to notify, in writing, the Agent at the address shown below of such error and request modification or clarification of the BID document.

https://wisdp.wi.gov/search.aspx http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program https://wisdp.wi.gov/search.aspx http://dva.state.wi.us/

ADMINISTRATIVE:

Jesse Crain Director of Procurement

University of Wisconsin-Oshkosh 800 Algoma Blvd

Oshkosh, WI 54901 E-mail: crainj@uwosh.edu

PHONE 920.424.0317

TECHNICAL:

Joseph Scheivert Marching Band Director

E-mail: scheivertj@uwosh.edu

PHONE 920.424.2276

If a Bidder fails to notify the Purchasing Office of an error in the Bid document which is known to the Bidder, or which should have reasonably been known to the Bidder, then the Bidder shall submit a bid response at the

Bidder’s risk and if awarded a contract, shall not be entitled to additional compensation or delivery or installation time by reason of the error or its later correction.

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

Any contact with University employees concerning this Bid are prohibited, except as authorized by the Bid manager during the period from date of release of the BID until [AGENT: CHOOSE ONE] the notice of award or the intent to award, is released. Contacting anyone other than the Designated Contact(s) above may disqualify your BID.

3.2 Applicable Dates

Date

November 18, 2021

November 29. 2021

December 6, 2021 -- 2:00 PM CST/CDT

Event

Date of Issue of the Bid

Written questions due

BID Due Date (CST/CDT)

3.3 Contract Term

The initial term of this contract shall be January 1, 2022 or date of award, through December 31, 2022 or one year after date of award. This contract will be automatically renewed for [AGENT: FILL IN] __ additional one-year terms, unless termination clause 5.17 is optionally utilized. Contract end date will be [AGENT: FILL IN renewal end date] _______________.

3.4 F.O.B. Job Site

Services are to be performed at locations indicated when orders are placed. Delivery of all materials shall be

F.O.B. job site, freight paid by Contractor. Contractor shall have a representative present at the delivery site when mailto:crainj@uwosh.edu materials are direct shipped. University employees will not accept deliveries on behalf of the Contractor. The

University shall not be responsible for any materials received or accepted on behalf of the Contractor.

3.5 Oral Presentations, Product Demonstrations and Site Visits (Pre-Award)

The University, at its sole discretion, may require oral presentations, product demonstrations and/or vendor location site visits to validate information submitted with the bids. Failure of a bidder to conduct a presentation on the date scheduled or allow an on-site/vendor site visit may result in rejection of the bid. These events cannot be used as an opportunity to alter bids submitted.

3.6 Proprietary Information

Any information contained in the Bidder’s response that is proprietary must be detailed separately on the attached

Designation of Proprietary and Confidential Information Form (DOA-3027). Marking of the entire response as proprietary will neither be accepted nor honored. The University cannot guarantee that all such material noted remains confidential, particularly if it becomes a significant consideration in contract award. Information will only be kept confidential to the extent allowed by State of Wisconsin Public Disclosure Law (refer to Standard Terms and

Conditions, Section 27.0). Pricing information cannot be kept confidential.

3.7 Accommodations for Individuals with Disabilities

The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. Please contact Jesse Crain at crainj@uwosh.edu or 920.424.0317 to make a reasonable accommodation request.

3.8 Method of Bid

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

3.9 Method of Award

3.9.1 Award(s) shall be made on the basis of the lowest extended net total price for the individual line items, which is judged to be in the best interest of the University. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified.

For University Imports: See Section 5.3

Supplier Diversity Preferences State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE), or Disabled Veteran-Owned Business (DVB) firms submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid or the proposal is no more than 5% lower than the apparent high point score.

Authority for this program is found in ss. 16.75(3m)(b)2,3, 16.75(3m)(c)(4) and 560.0335(1)(b)(3), 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes.

mailto:crainj@uwosh.edu

3.10 Oral Presentations, Product Demonstrations and Site Visits (PreAward)

The University, at its sole discretion, may require oral presentations, product demonstrations and/or vendor location site visits to validate information submitted with the bids. Failure of a bidder to conduct a presentation on the date scheduled or allow an on-site/vendor site visit may result in rejection of the bid. These events cannot be used as an opportunity to alter bids submitted.

4 BIDDER QUALIFICATIONS

4.1 Bidder Information

Bidder must complete the attached Vendor Information Form (Attachment D) to identify designated contact people, to provide information regarding the size of the bidder’s company, and other information as requested. All sections of this form must be completed.

4.2 Bidder Experience

The Bidder (company or its principals) must be in the business of providing musical instruments and service and must have done so for the past 5 years.

4.3 Authorization

Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer.

4.4 Client List / References

Bidder must supply upon request or with their bid a client list of three (3) firms to which similar items/services have been provided during the past three (3) years to a comparable sized institution or company (see Bidder Required

Form, DOA-3832). If contacted, information received from those clients will be used to determine whether bidder can reasonably meet contract requirements and specifications. Client references may be used in the award consideration.

4.5 Fair Price Analysis

Purchases made under this contract may require further fair price analysis. Bidders should identify on the Bidder

Response Sheet the type of documentation they will provide (i.e. published price list, list of previous buyers, etc.)

to allow the University to complete this analysis. The awarded Bidder will be required to provide this documentation prior to the order being issued.

If, because of riots, war, public emergency or calamity, fire, flood, earthquake, act of God, government restriction, labor disturbance or strike, business operations at the University are interrupted or stopped, performance of this contract, with the exception of monies already due and owing, shall be suspended and excused to the extent commensurate with such interfering occurrence.

4.6 Trademark

Bidder may be able to be a UW-Oshkosh Licensee for items bearing trademarks, logos or other symbols of the

University in which the University has a proprietary, licensed or copyright interest.

4.7 Minimum Order

Bids that require any minimum order quantity or dollar amount may be disqualified.

4.8 Debarrment

Federal Executive Order (E.O.) 12549 “Debarment“ requires that all contractors receiving individual awards, using federal funds, and all subrecipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. By signing this document you certify that your organization and its principals are not debarred. Failure to comply or attempts to edit this language may disqualify your bid. Information on debarment is available at the following websites: www.sam.gov and https://acquisition.gov/far/index.html see section

52.209-6.

5 PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 Firm Prices

Prices must remain firm for one year from the date of the signed contract. Prices established may be lowered due to general market conditions or negotiations between the Contractor and the University.

5.2 F.O.B.

[AGENT: CHOOSE]

F.O.B. Destination, All deliveries shall be FOB Destination. Delivery charges and risk of loss shall be borne by the Contractor.

Delivery will be made by common carrier or Contractor’s truck, with unloading to be performed by the carrier/contractor and carton(s) transported to the interior/ground floor or inside dock at Arts and Communication

Center. Bid prices must include all packing, freight, insurance charges and installation/operation manuals, excluding any import/export costs.

If bidding other than F.O.B. Destination, as stated, F.O.B. point and shipping charges must be identified on the Itemized Bid List. This additional cost will be added to the bid total and will serve as the basis for determining the award.

Indicate on the Bidder Response Sheet the Country of Origin and Shipping Point.

For University Imports: See Section 5.3

Failure to bid FOB DESTINATION delivery charges and risk of loss borne by the Contractor in bid price or discount may disqualify your bid.

5.3 University Imports

Bids must include costs from bidder’s door to port of destination and local delivery charges. Custom Charges/Fees should be itemized on the Itemized Bid List (Attachment C). Custom Charges/ Fees will be included in the cost for the purpose of determining the lowest cost bid. The University reserves the right to compare the quoted Custom Charges/Fees with those from a University contracted customs broker and select whichever option is judged to be in the best interest of the University.

https://www.sam.gov/portal/public/SAM/ https://acquisition.gov/far/index.html

If the University is selecting the customs broker and paying the Custom Charges/Fees directly to them, the awarded Contractor must use the University's contracted customs broker identified on the purchase order.

5.4 Timeliness of Delivery

Delivery is desired as soon as possible after receipt of an order. State on the Itemized Bid List when delivery can be made for each item. Timeliness of delivery may be used in evaluation for bid award.

The Contractor is required to notify the ordering Department of any back order, discontinuation of item(s) or other delays in shipping within 1 working day of receipt of order or release against existing order(s).

5.5 Item Return Policy

Contractor should provide for return of items ordered in error for up to 30 calendar days from receipt with the

University paying only the return shipping costs. Bidder should indicate in detail on the Bidder Response Sheet their company’s return policy.

5.6 Additional Items/Services

Similar items/services may be added to this Contract provided it was mutually agreeable to both Purchasing

Services and the Contractor. Scope of work and pricing (including discounts) must be consistent with the current contract items/services.

5.7 Acceptance and Testing (Post Award)

Acceptance testing will occur within ten (10) business days after the item/service has been delivered. Acceptance testing will be performed by the University and will consist of verification of the specifications and performance requirements.

If the item/service does not meet specification or performance requirements, the Contractor will have fifteen (15) business days to meet requirements. If after this time-period the item/service still does not meet specifications or performance requirements, the Contractor agrees to remove the item and return any payments that may have been made.

Director of Marching Band, or his/her designee, is the only authorized person who can sign an acceptance form.

The warranty period will begin following the successful acceptance testing.

5.8 Invoicing Requirements

5.10.1 Contractor must agree that all invoices and purchasing card charges shall reflect the discounts and net prices established for the items/services on this contract for all orders placed even though the contract number and/or correct prices may not be referenced on each order or at time of purchasing card order.

The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt of properly submitted invoices by University Accounts Payable. Before payment is made, Accounts Payable must verify that all invoiced charges are correct per this Contract. Only properly submitted invoices will be officially processed for payment.

The Prompt Payment Policy requires that your invoices be clear and complete and in conformity with the list below and must be itemized showing:

• Contractor name

• remit to address

• purchase order number

• release number if given

• date of order/release

• item manufacturer’s name or abbreviation (if applicable)

• complete item description including catalog, model and/or stock number(s) match those stated in bid

• prices per the Contract

At the discretion of Purchasing, invoices not reflecting the correct discount or net prices may be short paid or disputed.

The original invoice must be sent to University of Wisconsin-Oshkosh, Accounts Payable, Dempsey 236, 800

Algoma Blvd, Oshkosh, WI, 54901, or accountspayable@uwosh.edu unless the customer identifies and establishes a different bill-to location.

Order confirmation shall contain the same detail as listed in Section 5.9.1 and should be sent to the address given at the time of the order is placed.

Any fees charged for use of the University’s purchasing card program are not allowed.

5.9 Payment Terms

Payment will not be made until the item/service is determined to meet all specifications and has been accepted by the University. The University will pay the Contractor Net 30 as accepted by the University.

5.10 Shipments, Duplicates and Overshipments

Upon notification by the University of a duplicated order or overshipment, the items identified must be removed at the Contractor's expense. If the duplicated or overshipment items are not removed within 30 days of written notification, the University reserves the right to dispose of them as its own property and shall not be held liable for any cost for the items

5.11 Training

If requested, Contractor must provide personnel with instructions on set-up and operation of the items at no charge to the customer. Training requirements will be negotiated with the Contractor if not specified in the bid specifications.

5.12 Insurance

The Contractor shall maintain insurance levels as required in Standard Terms and Conditions, Section 22.0. A certificate of insurance must be provided upon request and on an annual basis throughout the term of the Contract.

The Contractor shall add: “The Board of Regents of the University of Wisconsin System, its officers, employees and agents” as an ‘additional insured’ under the commercial general, automobile and contractor’s liability policies. The certificate holder shall be listed as the University of Wisconsin-System Administration or

System campus for their respective purchases.

5.13 Performance Meetings

The Account Representative and/or Contract Administrator must be available to meet as required with the

University's Contract Administrator to evaluate contract implementation and performance and to identify continuous improvement.

5.14 Subcontracting

5.16.1 Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any Subcontractor without prior written approval by Purchasing. Upon request Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#, SS#) and signed W-9 form.

5.16.2 The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. University reserves the right to assess

Contractor damages in excess of the contract amount for Subcontractor’s failure to perform or inability to complete required project milestones.

5.16.3 Subcontractors must abide by all terms and conditions under this Contract.

5.16.4 Subcontractors are to be used, the Contractor must clearly explain their participation, deliverables, and project milestones prior to commencing work.

5.15 Activity Reports

Contractor should, be able to report on an annual basis all items/services purchased against this contract during the designated report period, including but not limited to:

• date of order/release

• item manufacturer’s name or abbreviation (if applicable)

• complete item description including catalog, model and/or stock number(s) identical to those stated in proposal

• prices per the Contract

5.16 Contract Termination

5.18.1 The University may terminate the Contract at any time, without cause, by providing ten (10) business days written notice to the Contractor. If the Contract is so terminated, the University is liable only for payments for products provided or services performed, to the extent that any actual direct costs have been incurred by the Contractor pursuant to fulfilling the contract. The University will be obligated to pay such expenses up to the date of the termination.

5.18.2 Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing of such failure and demand that the same be remedied within fifteen (15) business days. Should the defaulting party fail to remedy the same within said period, the other party shall then have the right to terminate this Contract immediately. Performance failure can be defined as but not limited to failure to delivery products or services on time or failure to provide any of the Terms, Conditions or Specifications.

5.18.3 If at any time the Contractor performance threatens the health and/or safety of the University, its staff, students or others who may be on campus, the University has the right to cancel and terminate the Contract without notice.

5.18.4 Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for

Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in Standard Terms and Conditions, Section 22.0, the University has the right to cancel and terminate the Contract without notice.

5.18.5 If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed and such appointment is not vacated within 90 calendar days, the University has the right, in addition to any other rights of whatsoever nature that it may have at law or in equity, to terminate this contract by giving 10 calendar days’ notice in writing of such termination.

5.18.6 All notices of performance failure must be submitted in writing to University of Wisconsin-Oshkosh.

Purchasing Department, 236 Dempsey, 800 Algoma Blvd, Oshkosh, WI 54901. Purchasing shall be final authority for all performance failure determinations not resolved through the ordering department.

5.17 Other Eligible Purchasers

U.W. System campuses, State of Wisconsin agencies and Wisconsin municipalities shall be eligible to purchase off of this contract.

A Wisconsin municipality is defined by Wisconsin Statute 16.70(8) to include counties, cities, villages, towns, school boards, sewage, drainage, vocational, technical and adult education districts, and other bodies with the power to award public contracts.

5.18 Record and Audit

The Contractor shall establish, maintain, report as needed, and submit upon request records of all transactions conducted under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, State of Wisconsin and local ordinances.

The University shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents held by the Contractor related to this contract. The Contractor shall retain all applicable documents for a period of not less than five years after the final contract payment is made. The University reserves the right to inspect any facilities used to support this Contract.

5.19 Entire Contract

A contract will be awarded based on the criteria established in this Request for Bid, including attachments and any amendments issued. The BID, the bid response, and written communications incorporated into the contract constitute the entire contract between the parties. The hierarchy of documents in descending order for resolution is as follows:

A. Contract Award Letter

B. Original Request Bid Number JJC-22-321, dated 11/18/2021 including amendments/attachments

C. Bidder response to BID.

D. Official Purchase Order (when applicable)

Any other terms and conditions provided by the Bidder with the bid or for future transactions against this contract, including but not limited to click on agreements accepted by the Customer; shrink wrapped agreements; or terms submitted with quotations, order acknowledgements, or invoices; will be considered null and void and will not be enforceable by the Contractor unless agreed to in a written amendment signed by the University Purchasing

Department. Any exceptions to this BID should be submitted with your response and alternative language proposed.

Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's letterhead, signed, and attached to the bid response as an attachment. Each deviation and exception must be identified by the section, page and paragraph to which it applies. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidder shall be held liable.

Submitting a standard Bidder contract or term and condition as a complete substitute or alternative for the language in this solicitation will not be accepted and may result in rejection of the bid.

The University reserves the right to negotiate contractual terms and conditions or reject the Bidder‘s response and proceed to the next qualified bidder.

5.20 Random Sampling

Upon delivery and before payment of the final invoice, up to 1% of the final product may be pulled from the

Contractor's delivery truck and inspected to assure the University that the specifications have been met in all respects. Failure to meet any specification will mean rejection of the entire order at no cost to the University. No changes in the specifications will be permitted without written authorization from Purchasing Services.

5.21 Travel Per Diems

All of the Contractor’s travel and per diem expenses shall be the Contractor’s sole responsibility. Payment to the

Contractor by the University shall not include an additional amount for this purpose.

6 SPECIFICATIONS

6.1 Specification

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/services being offered or bid must be included with your bid. The bidder may offer alternate items/services believed to be an equal. Any alternate items/services bid must be clearly identified by manufacturer, catalog, model or stock number. Detailed specifications (including brochures, operating manuals, maintenance manuals or other written materials) of any alternate items/services offered must be included with your bid to establish equivalency. The University will be the sole judge of equivalent acceptability between Bidders responses.

6.2 Warranty

Contractor must honor, at a minimum, the manufacturer's standard warranty on items and/or parts purchased under this contract. Bidder must indicate warranty term on Bidder Response Sheet and should enclose standard warranty documents with your bid.

6.2.1 Contractor is requested to provide a copy of maintenance contracts and quote on maintenance available after expiration of the warranty term. Include terms, which components shall be covered and annual cost on the Itemized Bid List or on attachments to the bid response as necessary.

6.3 Maintenance or Repair

Service and/or maintenance of this equipment may be required. Indicate on the Bidder Response Sheet whether work is performed on your site or ours, response time on any work requested, the number of miles your site is from ours, if work is performed on your site.

6.3.1 Contractor must perform all maintenance on site unless University grants permission to remove equipment from site.

6.3.2 Contractors must have access to replacement parts within ten (10) business days to service all products identified under this bid.

6.3.3 Service calls received in the a.m. must be acknowledged in p.m. of the same day or p.m. must be acknowledged by noon the following work day, and products must be serviced within seventy-two

(72) hours of initial call. The service representative shall leave the ordering department a copy of a dated written report indicating the service performed. This report must be signed by the University employee in charge of the machine.

6.4 Contracting With Other Vendor

Purchasing shall have the option to contract with another vendor to repair or service machines if Contractor is unable to repair equipment for any reason or make necessary repairs on a timely basis.

6.5 Trade-In

The Itemized Bid List shows the exact model/serial number(s) of the trade-in. Arrangements should be made to inspect the equipment with the technical contact person listed in Section 3.1. If trade-in option is awarded, Contractor will remove trade-in equipment at the time of installation of new equipment at no extra charges to the

University.

6.6 Demonstration Equipment

Demonstrator product (not reconditioned, refurbished or remanufactured models) shall be acceptable for this bid if full new product warranties are offered.

6.7 Employee Identification

All Contractor’s employees, while working on University property, must wear a clearly displayed photo identification badge or uniform showing name of employee and/or company represented. Any identification must be provided by the Contractor at the Contractor’s cost. Badges must be available but will not be required to be worn when protective clothing and respiratory protection is required.

6.8 Cables

Any alternate product bid must be compatible with an capable of being interfaced with identical cables and connectors used with the specified equipment with no additional expense to the University to make the alternate product compatible with existing equipment.

6.9 Third Party Financing

Bidders that are bidding on Leases or Rentals using a third party for financing must identify the company, quote the interest rate, and include a copy of their lease or rental contract.

6.10 Environmentally Friendly “Green” Products

Contractors are encouraged to identify products that are made of recycled products, that use environmentally friendly production methods, or that can be recycled at the end of their service life. The UW will make every effort to purchase “Green” products wherever feasible or possible based on individual project needs and funding available.

7 ATTACHMENT A – BIDDER RESPONSE SHEET

NOTE: This form must be returned with your bid response. Numbers for each question below refer to the corresponding section of this document that explains the requirement. Bidder may attach additional relevant information to their bid response; identify sections to which information applies.

YES NO

SUBMITTAL INSTRUCTIONS

Have you included ____ complete set(s) of your bid and one (1) CD/DVD/Flash Drive copy?

(only one (1) copy required if e-mailing)

1.1 Have you completed and returned all forms required?

2.4 What order method will you accept orders against this contract:

E-mail Fax Internet Mail Phone Other: ______________________________________________

2.5 Do you have the capability of putting the University’s specific pricing on a WEB site that is accessible to University Purchasers through a unique logon ID?

If yes, does your Website provide a means of on-line ordering with our specific pricing being applied automatically?

If yes, does your Order System accept Purchasing Cards for payment?

If yes, does your Order System provide a self-service means for the customer to track their order via Internet?

2.9 Which of your items meet the Energy Star requirements?

2.11 Do you certify that neither your organization nor your principals are presently engaged in a boycott in the State of Israel?

Do you certify that neither your organization nor your principals will, during the term of the contract, engage in a boycott in the State of Israel?

3.4 Have you made the required Bidder’s Conference?

3.5 Have you made the required Site Visit?

3.11.2 Do you agree to a demonstration of the item(s) bid within the time frame specified?

3.11.10 If applicable, have you included a copy of the GSA contract information?

Contract #__________________

3.12 Will you meet all the requirements for samples and evaluation?

4.2 Are you in the business of providing ___________ items/services and has your company or its principals done so for the past ____ years?

4.3 Are you:

a) an original manufacturer for the product lines being bid?

b) an authorized distributor for the products/product lines being bid?

c) a dealer authorized by manufacturer?

d) do you have service and repair capabilities for the item(s) being bid?

(Identify account number with manufacturer, as applicable.)

Account # ___________________________

4.4 Will you provide a client list? (see Attachment E)

4.5 What type of documentation (i.e. published price list, list of previous buyers, etc.) will you provide to assist the University in its fair price analysis?

4.6 Do you agree to no minimum order quantity or dollar amount?

4.7 Do you certify that neither your organization nor your principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency?

Firm Prices

5.1 Specific Items: Do you agree to firm prices as stated?

5.2 Will you provide additional copies to Purchasing and University departments upon request?

5.2 Are you bidding all prices F.O.B. Destination, delivery charges and risk of loss borne by the Contractor? (Be sure to read Section 5.2 carefully)

Country of Origin ___________________________________________

Shipping Point ____________________________________________

5.3 Can you meet delivery requirement?

If not, state delivery time ____ days After Receipt of Order (ARO).

5.4 State delivery time ____ days After Receipt of Order (ARO).

5.5 Will you notify ordering department of backorders, discontinuation or delays as stated?

5.6 Do you agree with return policy? If not, state your return policy in detail.

5.9 Will you agree that all invoices will reflect prices established for items on this…