RFB T22-043 ParkingLotCounter.pdf

State of Wisconsin

Wis. Statutes s.16.75

REQUEST FOR BID: T22-043 THIS IS NOT AN ORDER

UW MILWAUKEE – DESCRIPTION OF RFB

Name: Tom Scrivener

Email: uwmbids@uwm.edu

See Section 3.1 for rules regarding communications.

Available submission methods: See Section 3.4

There will be a Public Bid Opening held via Team’s conference call, see section 4.1

Release Date: May 11th, 2022

Deadline for Questions: May 25th, 2022 @ 2pm

Due Date: June 10th, 2022 @ 2pm

Bid Opening: June 10th, 2022 @ 2.15pm via MS

TEAMS

Call in (audio only) +1 414-253-8850,,790889374#

BID RESPONSIVENESS: To be considered responsive, the Bidder must submit the following or your bid may not be considered for award: (Bidder must check the respective boxes to indicate compliance with each requirement).

☐ MANDATORY: Request for Bid Cover Sheet (this page), signed by an authorized signatory.

☐ MANDATORY: Completed Bidder Required Form (Exhibit A) ☐ MANDATORY: Completed Bidder Cost Sheet (Exhibit D) ☐ MANDATORY: Minimum Specifications Acknowledgement (Exhibit B)

☐ OPTIONAL: Any exceptions to Contract Terms and Conditions.

The undersigned bidder has legal authority to bind the Bidder to this Bid.

Yes No Note: Failure to check “Yes” will result in the Bid being considered non-responsive and ineligible for award.

The undersigned and the respondent will comply with all terms, conditions and specifications set forth in this Bid.

Yes No Note: Failure to check “Yes” will result in the Bid being considered non-responsive and ineligible for award.

Name of Bidder:

Date: Bidder’s Phone Number:

mailto:uwmbids@uwm.edu tel:+14142538850,,790889374#%20

1. GENERAL INFORMATION

1.1. ISSUING AGENCY: University of Wisconsin-Milwaukee Purchasing Office issues this Bid on behalf of the Board of Regents of the University of Wisconsin System as an agency of the State of Wisconsin. The University of Wisconsin-Milwaukee is hereafter referred to as “UWM” or “University”.

1.2. VENDORNET / E-SUPPLIER REGISTRATION: The State’s Vendor Notification system recently changed from VendorNet to eSupplier. UW agencies will use VendorNet to post information regarding solicitations, which is accessible to vendors without needing to register by going to https://vendornet.wi.gov/ and going to the “Bid” tab. However, VendorNet no longer provides vendors with automatic notifications. Vendors are also no longer able to register with VendorNet. If you prefer to receive automatic updates when new solicitations are posted, or when a change to an existing solicitation is posted, please register with eSupplier at https://eSupplier.wi.gov/.

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

“Bidder” Means a firm submitting a Bid in response to this Request for Bid. May be referred to as “Vendor” or “Supplier” or “Contractor”.

“Bid Cover Sheet” Means the first page of this Bid “Contract” Means the document(s) constituting the agreement resulting from this Bid award.

“Contract Administrator”

Means the person in charge of overseeing daily operations on the contract for UWM. May be referred to as “Department Contact”

“Contractor” Means successful Bidder awarded the Bid.

“F.O.B. Destination Freight Prepaid Installed”

Means the Seller retains title and control of goods and assumes risk of loss through installation.

The seller selects carrier and pays for the transportation.

“Must”, “Shall”, and “Will”

Are mandatory requirements

“RFB” or “Bid” Means this Request for Bid “Should” Means preferred, it is not a mandatory requirement “Specification”, “Requirement”

Means the physical, functional and performance characteristics, or of the nature of a supply. It may include a description of any requirement for inspecting, testing or preparing a supply item for delivery, or the necessary performance criteria. When used throughout this RFB, this term is used interchangeably with the term “requirement”.

“State” Means State of Wisconsin. UWM is an agency of the State and any legal obligations that run to the benefit of the State apply equally to UWM.

“Successful Bidder” Means the Bidder to whom this Bid is awarded. May be referred to as “Contractor”, “Vendor” or “Supplier”

“UWM” Means the University of Wisconsin-Milwaukee and may be referred to as UWM or University https://vendornet.wi.gov/ https://esupplier.wi.gov/

1.4. GENERAL DESCRIPTION / PURPOSE OF THE REQUEST FOR BID: The scope of work for this project is to design and install a parking counting system at ten parking lots and seven garages. There are two different scopes to this project. Different Bidders may be awarded contracts to complete the two scopes.

Scope 1: embedded sensors at the entry and exit will count the number of cars entering and exiting specific parking lots Scope 2: individual intelligent/smart sensors are installed in garage individual spaces to count the number of occupied spaces Note: Camera-based sensing technology is excluded or not allowed.

The project will also include variable message signs (as needed) to display the number of open spaces and provide real-time data to a reporting tool that can be published on a publicly accessible website. The parking counting system shall provide UWM with accurate data collection and have a vehicle detection accuracy rate of at least 95%.

Reserves the right to make like purchases from the awarded contractor(s) for a period of up to three years after contract execution.

1.5. COLLABORATIVE CONTRACTING: The resulting contract shall be made available to other UW Campuses and Wisconsin State Agencies at the same terms, conditions, and pricing.

1.6. CONTRACT LENGTH: This bid may be used for three (3) years from the purchase order date for future orders upon mutual agreement of both parties. Prices shall remain firm for the first year of the Contract. After one (1) year, price changes must be supported by documented increases in the cost to the Contractor which are demonstrated to be industry-wide. Price change requests must go to and be approved by UWM Purchasing (PURCHASING@UWM.EDU)

2. GENERAL SPECIFICATIONS

2.1. VENDOR HISTORY: Bidders must in in this line of business with demonstrated sales and ongoing services provided to Municipalities, Universities, or other large operators of parking facilities (Lots/Garages) in the US or Canada for at least three years. The Vendor should supply at least two examples of existing customer projects. UWM will sign an NDA if required to receive those details.

2.2. MANDATORY REQUIREMENTS: See Exhibit B (Mandatory Specifications) & Exhibit C (Lot Information)

The itemized specifications listed are the minimum acceptable specifications for the product desired. The specifications referenced are those meeting the departmental structural and/or performance requirements, and as such, serve as the standard of quality.

Equivalent alternate models will be considered. Items furnished shall be the latest improved model in current production as offered to commercial trade and shall be of quality workmanship and material. Used, shopworn, demonstrator, prototype or discontinued models are not acceptable. Please note that the University shall be the sole arbiter of equivalency.

All parts not specifically mentioned which are necessary for the unit to be complete and ready for operation, or which are normally furnished as standard equipment, shall be furnished by the successful bidder (i.e., manuals, instructions, case, cable, etc. as applicable). All parts shall mailto:PURCHASING@UWM.EDU conform in strength, quality, and workmanship to the accepted standards of the industry. The University reserves the right to waive any requirements that is not met by any bidder.

2.3. ORDERING: Ordering will be confirmed with a provided purchase order. Delivered product must be for the awarded products only. Time is of the essence in the performance of this contract, and items and quantities as stated in Exhibit B must be available to be delivered to UWM without delay.

2.4. PAYMENT TERMS AND INVOICING: UWM 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 the purchase order number and submittal to the correct address for processing. A good faith dispute creates an exception to prompt payment.

2.5. F.O.B DESTINATION FREIGHT PREPAID AND ALLOWED: Quote price must include shipping F.O.B.

Destination Freight Prepaid and Allowed. If the Bidder is outside the United States, the required INCOTERMS are DDP-Milwaukee WI. Bid prices shall include all insurance, packing, packaging, transportation, taxes/duties, set-up, instructional and manual charges.

Deliver to: Prasanna Nanda, Director UW Milwaukee Transportation Services 2200 E Kenwood Blvd, Milwaukee, WI 53211

Scope 2 shall include installation. See Exhibit B for mandatory specifications.

2.6. RETURNS: Provisions shall be made for full credit or even product exchange for product rendered unusable due to damage upon receipt. UWM will notify Bidder within of defect within seventy-two (72) business hours of receipt of said product.

Upon notification by UWM of a duplicated order or over shipment, the items identified must be removed at the Vendor’s expense. UWM reserves the right to dispose of them as its own property and shall not be held liable for any cost of the items if held more than thirty (30) days.

2.7. AUTHORIZATION: Bidder must be an original manufacturer, authorized distributor, or dealer authorized by the manufacturer for these products.

2.8. WARRANTY: All parts shall carry the minimum of the manufacturer’s warranty on items and/or parts purchased under this Bid or a one (1) year warranty, whatever is greater, from the date the part was accepted by UWM. All equipment must perform at effective levels in accordance with manufacturer’s specifications, manufacturer’s advertised data sheets, and manufacturer’s technical publications.

Must provide all replaced parts that are manufacture’s factory-made parts unless pre-approved by UWM in writing.

3. BID PROCEDURES AND INSTRUCTIONS

3.1. COMMUNICATIONS/QUESTIONS: From the date of release of this Bid until Bid award, the only permissible communication regarding this Bid is in writing to uwmbids@uwm.edu. Violation of this condition may be considered sufficient cause for Bid rejection. The subject line of the email must contain the Bid number located on the first page of this document. The deadline for any questions concerning this Bid is as set forth on the cover sheet of this Bid. Any questions received after that time may not result in an addendum answering the question.

It is incumbent upon Bidders to point out any possible discrepancies, omissions or ambiguities using the process outlined above to submit questions. This includes alerting UWM to any non-standard specifications. By failing to do so, Bidder waive the right to claim any provision of the Bid is ambiguous.

3.2. METHOD OF BID: Bidders must submit all “mandatory” requirements as listed on the front cover sheet of the Bid, according to the directions provided. The Bid prices on the products/services must be all inclusive for all applicable costs, fees, and expenses. No additional costs will be allowed that are not listed in Exhibit B.

3.3. BID RESPONSIVENESS: Bids may be evaluated by the Purchasing Agent and program manager to verify that they meet all specified requirements in this Bid and that they comply with all instructions on this Bid.

All specifications are mandatory minimum requirements unless otherwise stated. Failure to meet a mandatory requirement shall result in Bid being deemed non-responsive. Bidders are encouraged to ask questions to resolve any ambiguities in the Bid specifications (specs that are written too restrictively, are internally inconsistent, etc.) Bidders are also encouraged to submit responses even if all mandatory requirements are not met because Purchasing reserves the right to delete specifications, conditions of Bid or items not Bid if no Bidder is able to comply with the requirement.

UWM reserves the right to (1) reject all Bid responses and make no award, (2) waive irregularities or technicalities in Bid response: (3) request clarifying information from Bidders; (4) make a partial award, and (5) accept or reject all or part(s) of any Bid response submitted.

3.4. BID SUBMISSION: DELIVERED VIA EMAIL: Bidder shall submit Bids prior to the bid due date to uwmbids@uwm.edu for consideration of award. Such email (and all Bid documents) must be received prior to the bid due date listed on the cover sheet. The due date is enforced to the minute to create fairness to all bidders. The subject line should read the following: “Bid response” followed by “Bid number, date due, and bidder’s company name”. Any attachments to the electronic submissions must be in Microsoft Word, Microsoft Excel, Microsoft Power Point, Adobe PDF, and Zip file formats and under 10MB in size. Electronic or digital signatures are acceptable. UWM will not accept responsibility for any network or power outages that may occur during the transmission of bids.

3.5. ADDENDUM: If this is an official Bid, addendum shall be posted on the State of Wisconsin’s VendorNet website at http://vendornet.state.wi.us. Bidders are responsible for checking this mailto:uwmbids@uwm.edu mailto:uwmbids@uwm.edu http://vendornet.state.wi.us/ website for any future addenda or Bid information prior to the Bid closing date. If this is an informal Bid, addendum will be sent to all Bidders receiving a Bid or to any Bidder requesting a copy of the Bid.

3.6. BIDDING EQUAL OR BETTER: Bids on alternate or substitute items “equal or better” will be considered if indicated in the Bid specifications. To be considered responsive, full descriptive literature must be included and bidder must specifically highlight or direct UWM to the precise place in the literature that demonstrates that all specifications are equal or better. Bidder must specifically circle and explain any deviations from the Bid specifications for the Bid.

3.7. PROPRIETARY INFORMATION: Any information contained in the Bidder’s response that is proprietary must be detailed separately on form DOA-3027 and submitted as set forth on the Bid Cover Sheet. Marking of the entire response as proprietary will neither be accepted nor honored.

UWM cannot guarantee that all such material noted remains confidential to the extent allowed by State of Wisconsin Public Disclosure Law. A copy of the form needed to designate portions of your submission as proprietary can be found at:

http://vendornet.state.wi.us/vendornet/doaforms/doa-3027.doc

4. BID ACCEPTANCE AND AWARD

4.1. BID REVIEW: All Bids will be reviewed by UWM’s Procurement Office to ensure compliance with submittal requirements. UWM shall be the sole judge as the Bidder’s compliance with the Bid instructions.

4.2. BID OPENING: A public bid opening will be held via MS Teams:

Call in (audio only) +1 414-253-8850,,790889374# Phone Conference ID: 790 889 374# Name of bidders and total prices will be read aloud. The bid opening is not a formal bid award notification.

4.3. BID ACCEPTANCE: Bids that do not comply with Mandatory Requirements or Mandatory

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

4.4. METHOD OF AWARD: The bid award(s) will be made by lot to the lowest responsive, responsible

Bidder based on the extended cost. Prices Bid shall be in US dollars unless otherwise indicated.

Bids that require a specific quantity or dollar amount will be disqualified. In the event of Bidder error in calculation, unit price shall prevail in award.

UWM may award on One or Multiple Bidders, whichever is judged to be in the best interest of the State. The State is the sole determinant of its best interests.

UWM may make awards to certified Minority Business Enterprise, or Disabled Veteran-Owned Business firms submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low Bid. Authority for this program is found in http://vendornet.state.wi.us/vendornet/doaforms/doa-3027.doc ss.1675(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.

4.5. SUPPLIER DIVERSITY

4.5.1. Minority-Owned Business Enterprise: Minority-Owned Business Enterprise (MBEs) in

State’s purchasing program. Wisconsin Statutes provided for a permissive 5% price preference for certified MBEs that compete for State Contracts. This means that State agencies may make an award to the MBEs submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid. (An MBE Bidder preference will not be considered on printing or stationary procurement). Policy provides that MBEs should have the maximum opportunity to participate in the performance of its Contracts. The Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to MBEs or by using enterprise to provide commodities and services incidental to this agreement.

The Contract shall furnish appropriate quarterly information about its efforts, including the identities of such businesses certified by the Wisconsin Supplier Diversity Program, their Contract amount, and spend of each period to the Procuring Agency.

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

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

4.5.3. Disabled Veteran-Owned Business: Disabled Veteran-Owned Businesses (DVBs) are certified by the Wisconsin Department of Administration. This program can be found at:

https://doa.wi.gov/Pages/DoingBusiness/SupplierDiversity.aspx.

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 stationary 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 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.

https://wisdp.wi.gov/search/aspx http://dva.state.wi.us/ https://doa.wi.gov/Pages/DoingBusiness/SupplierDiversity.aspx

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

4.5.4. Woman-Owned Business Enterprise: Woman-Owned Business Enterprises (WBEs) are certified by the Wisconsin Department of Administration. This program can be found at:

https://doa.wi.gov/Pages/DoingBusiness/SupplierDiversity.aspx.

State certified WBEs are able to provide both governmental entities and private companies with a credible recognition of business ownership. The WBE certification may serve as 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.

4.6. DEBARMENT: 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 a Federal department or Agency from doing business with the Federal Government. Information on debarment is available at the following website:

https://www.sam.gov/portal/SAM. See section 15.0 of Standard Terms and Conditions (DOA- 3054).

https://wisdp.wi.gov/search.aspx https://doa.wi.gov/Pages/DoingBusiness/SupplierDiversity.aspx https://wisdp.wi.gov/search.aspx https://www.sam.gov/portal/SAM

Wisconsin Department of Administration Chs. 16, 19, 51

DOA-3054 (R 03/2019)

Standard Terms and Conditions (Request for Bids / Proposals)

1.0 SPECIFICATIONS: The specifications in this request are

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

2.0 DEVIATIONS AND EXCEPTIONS: Deviations and excep-

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

3.0 QUALITY: Unless otherwise indicated in the request, all

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

4.0 QUANTITIES: The quantities shown on this request are

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

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

prepaid and included unless otherwise specified.

6.0 PRICING AND DISCOUNT: The State of Wisconsin quali-

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

6.1 Unit prices shown on the bid/proposal or contract

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

6.2 Prices established in continuing agreements and

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

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

6.3 In determination of award, discounts for early

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

7.0 UNFAIR SALES ACT: Prices quoted to the State of

Wisconsin are not governed by the Unfair Sales Act.

8.0 ACCEPTANCE-REJECTION: The State of Wisconsin

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

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

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

responsible, responsive bidder unless otherwise specified.

10.0 ORDERING: Purchase orders or releases via purchasing

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

11.0 PAYMENT TERMS AND INVOICING: The State of

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

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

A good faith dispute creates an exception to prompt payment.

12.0 TAXES: The State of Wisconsin and its agencies are

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

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

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

DOA-3054

contract and/or order with referenced parts and attach-ments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority.

15.0 APPLICABLE LAW AND COMPLIANCE: This contract

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

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

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

16.0 ANTITRUST ASSIGNMENT: The contractor and the State

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

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

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

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

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

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

19.0 NONDISCRIMINATION / AFFIRMATIVE ACTION: In

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

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

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

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

19.1 Contracts estimated to be over fifty thousand dollars

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

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

19.3 Failure to comply with the conditions of this clause

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

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

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

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

20.0 PATENT INFRINGEMENT: The contractor selling to the

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

21.0 SAFETY REQUIREMENTS: All materials, equipment, and

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

22.0 WARRANTY: Unless otherwise specifically stated by the

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

23.0 INSURANCE RESPONSIBILITY: The contractor perform-

ing services for the State of Wisconsin shall:

23.1 Maintain worker's compensation insurance as

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

23.2 Maintain commercial liability, bodily injury and prop-

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

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

23.3 The state reserves the right to require higher or lower

limits where warranted.

24.0 CANCELLATION: The State of Wisconsin reserves the

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

25.0 VENDOR TAX DELINQUENCY: Vendors who have a

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

26.0 PUBLIC RECORDS ACCESS: It is the intention of the

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

27.0 PROPRIETARY INFORMATION: Any restrictions on the

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

27.1 Data contained in a bid/proposal, all documentation

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

27.2 Any material submitted by the vendor in response to

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

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

Stats.), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state unless appro-priate disclosure is made according to s. 19.45(6), Wis.

Stats., before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123).

State classified and former employees and certain

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

29.0 RECYCLED MATERIALS: The State of Wisconsin is

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

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

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

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

31.0 PROMOTIONAL ADVERTISING / NEWS RELEASES:

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

News releases pertaining to this procurement shall not be made without prior approval of the State of Wisconsin.

Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency.

32.0 HOLD HARMLESS: The contractor will indemnify and

save harmless the State of Wisconsin and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the contractor, or of any of its contractors, in prosecuting work under this agreement.

33.0 FOREIGN CORPORATION: A foreign corporation (any

corporation other than a Wisconsin corporation) which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of Corporation, P. O. Box 7846, Madison, WI 53707-7846; telephone (608) 261-7577.

34.0 WORK CENTER PROGRAM: The successful

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

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

35.0 FORCE MAJEURE: Neither party shall be in default by

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

Department of Administration Division of Enterprise Operations

DOA-3681 (1/2017)

ss. 16, 19 and 51, Wis. Stats.

State Bureau of Procurement 101 East Wilson Street, 6th Floor

Post Office Box 7867 Madison, WI 53707-7867

FAX (608) 267-0600

http://vendornet.state.wi.us

Supplemental Standard Terms and Conditions for Procurements for Services

1.0 ACCEPTANCE OF BID/PROPOSAL CONTENT: The con-

tents of the bid/proposal of the successful contractor will become contractual obligations if procurement action ensues.

2.0 CERTIFICATION OF INDEPENDENT PRICE

DETERMINATION: By signing this bid/proposal, the bidder/proposer certifies, and in the case of a joint bid/proposal, each party thereto certifies as to its own organi-zation, that in connection with this procurement:

2.1 The prices in this bid/proposal have been arrived at

independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/proposer or with any competitor;

2.2 Unless otherwise required by law, the prices which

have been quoted in this bid/proposal have not been knowingly disclosed by the bidder/proposer and will not knowingly be disclosed by the bidder/proposer prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other bidder/proposer or to any competitor; and

2.3 No attempt has been made or will be made by the

bidder/proposer to induce any other person or firm to submit or not to submit a bid/proposal for the purpose of restricting competition.

2.4 Each person signing this bid/proposal certifies that:

He/she is the person in the bidder's/proposer's organi-zation responsible within that organization for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above; (or)

He/she is not the person in the bidder's/proposer's organization responsible within that organization for the decision as to the prices being offered herein, but that he/she has been authorized in writing to act as agent for the persons responsible for such decisions in certifying that such persons have not participated, and will not participate in any action contrary to 2.1 through

2.3 above, and as their agent does hereby so certify;

and he/she has not participated, and will not partici-pate, in any action contrary to 2.1 through 2.3 above.

3.0 DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP:

3.1 Prior to award of any contract, a potential contractor

shall certify in writing to the procuring agency that no relationship exists between the potential contractor and the procuring or contracting agency that interferes with fair competition or is a conflict of interest, and no relationship exists between the contractor and another person or organization that constitutes a conflict of interest with respect to a state contract. The

Department of Administration may waive this provision, in writing, if those activities of the potential contractor will not be adverse to the interests of the state.

3.2 Contractors shall agree as part of the contract for

services that during performance of the contract, the contractor will neither provide contractual services nor enter into any agreement to provide services to a person or organization that is regulated or funded by the contracting agency or has interests that are adverse to the contracting agency. The Department of

Administration may waive this provision, in writing, if those activities of the contractor will not be adverse to the interests of the state.

4.0 DUAL EMPLOYMENT: Section 16.417, Wis. Stats., prohibits

an individual who is a State of Wisconsin employee or who is retained as a contractor full-time by a State of Wisconsin agency from being retained as a contractor by the same or another State of Wisconsin agency where the individual receives more than $12,000 as compensation for the individual’s services during the same year. This prohibition does not apply to individuals who have full-time appointments for less than twelve (12) months during any period of time that is not included in the appointment. It does not include corporations or partnerships.

5.0 EMPLOYMENT: The contractor will not engage the services

of any person or persons now employed by the State of

Wisconsin, including any department, commission or board thereof, to provide services relating to this agreement without the written consent of the employing agency of such person or persons and of the contracting agency.

6.0 CONFLICT OF INTEREST: Private and non-profit corpora-

tions are bound by ss. 180.0831, 180.1911(1), and 181.0831 Wis. Stats., regarding conflicts of interests by directors in the conduct of state contracts.

7.0 RECORDKEEPING AND RECORD RETENTION: The

contractor shall establish and maintain adequate records of all expenditures incurred under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, state and local ordinances.

The contracting agency shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents relating to any contract resulting from this bid/proposal held by the contractor.

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

8.0 INDEPENDENT CAPACITY OF CONTRACTOR: The parties

hereto agree that the contractor, its officers, agents, and employees, in the performance of this agreement shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the state. The contractor agrees to take such steps as may be necessary to ensure that each subcontractor of the contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the state.

STATE OF WISCONSIN

DEPARTMENT OF ADMINISTRATION

DOA-3832 (R 07/2019)

S. 16.72 WIS. STATS

Exhibit A - Bidder Required Form Instructions: Bidder is required to complete all sections of this form. (Note: If the agency checks the box preceding Section 5 indicating that section is not applicable to the bid/proposal, Bidder may skip Section 5. Bidder may not skip any other sections of this form).

To be completed by the agency:

Agency Name Solicitation Title Solicitation Reference Number

Section 1: Bidder Information Bidder/Proposer Company Name:

E-Mail Address:

Phone Number: Toll Free Phone: Fax:

Address:

City: State: Zip:

Mailing Address for Purchase Orders (if different than above) Address:

City: State: Zip:

Section 2: Bidder Contacts List the name and title of the person to contact for questions related to each of the topics below:

Bid/Proposal Phone:

Email:

Affirmative Action Plan

Phone:

Orders and billing

Section 3: Bidder Reference Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) used with requirements like those included in this solicitation document. If vendor is proposing any arrangement involving a third party, the named references should also be involved in a similar arrangement.

Company Name:

Address (including City, State, Zip):

Contact Person:

E-Mail Address:

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

Company Name:

Section 4: Designation of Confidential and Proprietary Information

The attached material submitted in response to this bid/proposal includes proprietary and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval.

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

Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats., as follows: “Trade Secret” means information, including a formula, pattern, compilation, program, device, method, technique or process to which all the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not…