RFP-Athletics Apparel Proposal Final.docx

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Apparel Rights for the Athletics Program: Sports Apparel - Equipment
Solicitation number
HIW8-005
Issued by
Wisconsin

About this file

This is a Request for Proposal (RFP) issued by the University of Wisconsin-Stevens Point Purchasing Department for athletic apparel rights to support the university's NCAA Division III athletics program. The university seeks an exclusive contract with a vendor to supply apparel for 19 athletic teams across men's and women's programs, including football, basketball, baseball, soccer, volleyball, hockey, tennis, cross country, track and field, swimming, diving, wrestling, gymnastics, and golf. Written questions from proposers were due November 14, 2017, with sealed proposals required by November 20, 2017 at 3:00 PM CST/CDT. Vendor presentations and site visits were estimated for the week of November 27, 2017, with award notification anticipated on December 13, 2017, and contract start date of January 2, 2018. The initial contract term is five years (January 2, 2018 through December 31, 2022) with an option to renew for three additional one-year terms by mutual agreement.

Proposers must bid a percentage discount off catalog prices and provide product credits or sponsorship amounts across all five contract years as scoring criteria. The evaluation committee will award points based on proposer information, experience, authorization status, Worker Rights Consortium Code of Conduct compliance, client references, licensing requirements, complete product catalogs with art books, order process descriptions, and startup transition plans. The University does not guarantee any minimum purchase quantities or dollar amounts, and proposals from certified Minority Business Enterprises or Disabled Veteran-Owned Businesses may receive a five percent preference weighting. All contracts are FOB Destination with delivery to campus locations Monday through Friday, 7:00 a.m. to 3:30 p.m., and contractors must maintain $1,000,000 in commercial liability insurance with the University listed as an additional insured. One original proposal with cost information and five identical copies without cost information, plus one digital PDF copy, must be submitted to the UWSP Purchasing Department at 2100 Main Street, Room 041W, Stevens Point, Wisconsin 54481.

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State of Wisconsin Wis. Statutes s. 16.75

PROPOSALS MUST BE SEALED AND ADDRESSED TO:Remove from bidder list for this commodity/service. (Return this page only.)
AGENCY ADDRESS:

UNIVERSITY OF WISCONSIN-STEVENS POINT

PURCHASING DEPT

2100 MAIN STREET, RM 041

STEVENS POINT, WI 54481

INSTRUCTIONS

This original REQUEST FOR PROPOSAL form must be completed, typed or in ink, signed and returned to: UWSP Purchasing Department, 2100 Main Street, Rm 041W, Stevens Point, WI, 54481 (see Submittal Instructions). Responses must be prepared on University forms where provided.

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.

All correspondence must reference the proposal number.

OFFICIAL SEALED PROPOSAL Number: HIW8-005

REQUEST FOR PROPOSAL HIW8-005

THIS IS NOT AN ORDER

PROPOSER: (Name and Address) Proposals MUST be in this office no later than November 20, 2017 3:00 PM CST/CDT

Name (Contact for further information) Heidi I Wallner, Purchasing Manager

Phone 715-346-2926 Date November 2, 2017

Quote Price and Delivery FOB

DESTINATION

*Faxed/electronic submissions are not allowed.

Description

The University of Wisconsin-Stevens Point requests proposals for:

Apparel Rights for the Athletics Program:

Sports Apparel Equipment

In accordance with the attached in this order: Special Conditions of Proposal, Proposal Response Sheet(s), Specifications, Required Forms, Compliance & Action Plan, and Standard Terms and Conditions.

Payment Terms
Delivery Time

We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington Ave., Madison, Wisconsin 53702, and (608) 267-9550. Does Not Apply to Printing Bids.

We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.

Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.

YesNoUnknown
In signing this proposal we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a proposal; that this proposal has been independently arrived at without collusion with any other proposer, competitor or potential competitor; that this proposal has not been knowingly disclosed prior to the opening of proposals to any other proposer or competitor; that the above statement is accurate under penalty of perjury.

We will comply with all terms, conditions and specifications required by the state in this Request for Proposal and all terms of our proposal.

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

Fax ( )

Signature of Above
Date
Federal Employer Identification No.

Email Address:

UNIVERSITY OF WISCONSIN-STEVENS POINT

REQUEST FOR PROPOSAL # HIW8-005

APPAREL RIGHTS FOR THE ATHLETICS PROGRAM

TABLE OF CONTENTS

PAGE

UNIVERSITY OF WISCONSIN-STEVENS POINT STEVENS POINT, WISCONSIN

PROPOSAL NO: HIW8-005

SECTION #1: GENERAL INFORMATION4
Background Information4
Purpose4
Scope4
Organization of this Solicitation Document4
Definitions5
Vendornet Registration5
Incurring Costs5
Parking5
Reasonable Accommodations5
SECTION #2: PREPARING AND SUBMITTING A PROPOSAL6
Calendar of Events6
Proposal Response Requirements7
Certification of Independent Offer Determination7
Signature Authority8
Clarifications and/or Revisions through Designated Contact8
Multiple Proposals8
Conflict of Interest9
Proprietary Information9
Appeals Process9
SECTION #3: TERMS AND CONDITIONS OF CONTRACT10
Entire Contract10
Contract Administrator10
Term of Contract10
Contract Termination10
Orders11
Firm Prices11
Payment Terms and/or Percentages11
Invoicing Requirements12
F.O.B. Destination12
Campus Delivery Requirements12
Insurance12
Activity Reports13
Record and Audit13
Performance Meetings13
Subcontracting13
Fair Price Analysis13
Severability13
Workers Rights Consortium13
Environmentally Responsible (Green”) Product13
Supplier Diversity14
Debarment14
Promotional Materials/Endorsements14
Electronic Commerce/Online Ordering14
SECTION #4: REQUIREMENTS AND SPECIFICATIONS15
Proposer Information15
Proposer Experience15
Authorization15
Workers Rights Consortium Model Code of Conduct15
Client List/References15
Licensing15
Minimum Order15
Functional Requirements15
SECTION #5: EVALUATION AND AWARD OF CONTRACTS17
Proposal Scoring17
Scoring Criteria and Method17
Best and Final Offers18
Contract Award18
Notification of Award18
SECTION #6: RFP CHECKLIST AND SUBMITTAL PAGE20-21
ATTACHMENTS22-35
ATTACHMENT A VENDOR INFORMATION SHEET22-23
ATTACHMENT B COST PROPOSAL FORM24-26
ATTACHMENT C CLIENT REFERENCE LIST27
ATTACHMENT D DESIGNATION OF CONFIDENTAIL & PROPRIETARY INFORMATION VENDOR28
ATTACHMENT E VENDOR AGREEMENT WI COOPERATIVE PURCHASING SERVICES29
ATTACHMENT F STANDARD TERMS AND CONDITIONS30-33
ATTACHMENT G SUPPLEMENTAL STANDARD TERMS AND CONDITIONS FOR SERVICES34-35

SECTION #1: GENERAL INFROMATION

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

1.1 Background Information

Founded in 1894, the University of Wisconsin-Stevens Point is ranks amount the top four-year colleges in the country (by Educate to Career Rankings Index). With a fulltime enrollment of more than 8,500 students, UW- Stevens Point offers more than 120 undergraduate program choices with 48 majors and 78 in the colleges of Fine Arts and Communication, Letters and Science, Natural Resources, and Professional Studies. UW-Stevens Point campus is 400 acres, has a 280-acre Natural Reserve, and our Health Enhancement Center (HEC) includes a 54,000-square-foot Multi-Activity Center with climbing wall, track and tennis courts, Aquatic Center, two full-size gymnasiums, and a Strength Center. The HEC has hosted hundreds of events. These include commencements, athletic events such as intramurals, conference, NCAA, high school and Special Olympics events. The HEC is home for military science students’ training, a stage for performances by legendary artists and entertainers, a setting for career fairs, etc.

The University of Wisconsin – Stevens Point Athletics Department is proud to be one of the most successful NCAA Division III programs in the country. Men’s programs include: baseball, basketball, cross-country, football, hockey, swimming & diving, track & field, and wresting. Women’s programs include: basketball, cross country, golf, hockey, soccer, softball, swimming & diving, tennis, track and field, and volleyball. Our programs have won 12 team national championships, 59 individual national championships, 157 regular season conference championships and 48 conference tournament championships. In addition to being extremely successful in competition, our student athletes carry a 3.12 average GPA, including 46 honored as academic All-American and 5 being awarded an the Elite 90 Award. UWSP has offered athletics for over a century serving thousands of student-athletes, 679 of those students honored as Athletic All-American. All sports participate in the Wisconsin Intercollegiate Athletic Conference (WIAC). About UW-Stevens Point Athletics: http://athletics.uwsp.edu/

UW-Stevens Point has hosted a number of NCAA National tournament events, as well as having been a past site for NFL summer training. These championships and events bring nationwide recognition to our institution as well as thousands of competitors and spectators to the Stevens Point area.

1.2 Purpose:

The University of Wisconsin-Stevens Point, hereinafter referred to as the “University”, through its Purchasing Department, hereinafter referred to as “Purchasing”, is requesting proposals for the Athletics Department, hereinafter referred to as “Athletics”, for athletic apparel rights. The University Athletics Department wishes to enter into an exclusive contract(s) with winning proposer.

1.3 Scope:

See Requirements and Specifications (Section 4) and/or Cost Proposal Form (Attachment B) for the minimum acceptable specifications for items/services desired.

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 negotiate with any contracted vendor(s) to establish additional discounts for products determined to meet the requirements of a University-led initiative to set product standards.

All University of Wisconsin-Stevens Point departments must be eligible (but not mandated) to purchase from this contract.

1.4 Organization of this Solicitation Document

This document is divided into six (6) main sections. The sections also refer to “Attachments” when such organization assists in making this document more fluid. The six (6) main sections are:

Section 1General Information (generally states the intent of the solicitation and submittal instructions)
Section 2Preparing and Submitting a Proposal.
Section 3Terms and Conditions of Contract (contains performance clauses that will become part of any awarded contract).
Section 4Requirements and Specifications (technical and other specifications for the proposal).
Section 5Evaluation and Award of Contract(s) (contains details of the evaluation process).
Section 6RFP Checklist and Submittal Page
AttachmentsIncluding required forms to complete

1.5 Definitions:

The following definitions are used throughout this document:

Agent means UW-Stevens Point representative responsible for this Request for Proposal. Full contact information can be found in Section 2.6.

Athletic Department means the NCAA Division III program at the University of Wisconsin-Stevens Point Proposer means a firm submitting a proposal in response to this Request for Proposal.

CIC means Committee on Institutional Cooperation, a consortium of the Big Ten universities plus the University of Chicago.

Contractor means successful Proposer awarded the procurement.

Department means UW-Stevens Point Athletics Department DVB means Disabled Veteran-Owned Business.

MBE means Minority Business Enterprise.

Purchasing means the Purchasing Department responsible for the procurement of goods and services on UW-Stevens Point campus, located at 2100 Main Street, RM 041W, Stevens Point, WI 54481.

Purchasing card means State credit card.

RFP means Request for Proposal.

State means State of Wisconsin.

University UW-Stevens Point and UWSP all mean University of Wisconsin-Stevens Point.

WBE means Woman-Owned Business Enterprise.

WRC means Worker Rights Consortium

1.6 VendorNet Registration

Registration on the State of Wisconsin’s VendorNet System (http://vendornet.state.wi.us) is available free of charge to all businesses and organizations that want to sell to the state. Registration allows a vendor to:

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

1.6.2 Receive an automatic e-mail notification each time a state agency, including the University of Wisconsin System campuses, posts a Request for Bid (RFB) or a Request for Proposal (RFP) with an estimated value over $50,000 in their designated commodity/service area(s).

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

1.7 Incurring Costs:

The State of Wisconsin is not liable for any cost incurred by Proposers in replying to this RFP.

1.8 Parking:

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UW-Stevens Point Parking Services located in the George Stien Building at 1925 Maria Drive, Stevens Point, WI 54481 (715) 346-3900. No additional Contractor costs will be allowed for parking fees or violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed and/or towed. A map of the campus can be accessed here: https://www.uwsp.edu/Parking/Documents/UWSPMap-9-22-16.pdf

1.9 Reasonable Accommodations:

University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If any alternate accommodations are needed, contact Heidi Wallner, 715-346-2926.

SECTION #2: PREPARING AND SUBMITTING A PROPOSAL

2.1 Calendar of Events:

Event Date RFP Release Date ..................................................... November 2, 2017 Written Questions due................................................ November 14, 2017 RFPs DUE BY: .......................................................... November 20, 2017 @ 3:00 PM CST/CDT Vendor Presentations/Demo/Site Visit (if needed): ... Week of November 27,2017 (est.)

Award Notification: ..................................................... December 13, 2017 (estimated) Contract start date:..................................................... January 2, 2018 (estimated)

PROPOSALS MUST BE DELIVERED TO:

UWSP Purchasing Department, 2100 Main Street, Rm 041W, Stevens Point, WI 54481.

NUMBER OF COPIES TO BE SUBMITTED:

One (1) original proposal with Attachment B-Cost Proposal (marked as such), five (5) identical, complete copies of the proposal without Attachment B-Cost Proposal and One (1) identical complete digital copy (in searchable PDF format) without Attachment B-Cost Proposal must be submitted prior to the time and date stated in Section 2.1 (RFPs Due) on a CD/DVD/Flash Drive. Late proposals shall be rejected. All materials become the property of the University upon receipt in the Purchasing Office and are subject to the State of Wisconsin Open Records Statute.

The original plan with Attachment B-Cost Proposal must be sealed and submitted as a separate package. The outside of the package must be clearly labeled with the words “Proposal with Attachment B-Cost Proposal, “RFP# HIW8-005 Apparel Rights for the Athletics Program” and name of the vendor and due date.

RETAIN A COPY OF YOUR PROPOSAL RESPONSE FOR YOUR FILES

Proposals may be dropped off at UWSP Purchasing Department, 2100 Main Street, Rm 041W, Stevens Point, WI 54481, between the hours of 8:00 AM and 4:30 PM PRIOR to the due date and time.

FAXED OR E-MAILED RESPONSES WILL NOT BE ACCEPTED.

VENDOR NOTE: FOR THE PURPOSES OF THE RETURN ADDRESS LABEL, IF THE ADDRESS IS THE SAME AS YOU LISTED ON THE REQUEST FOR PROPOSAL FORM – YOU DO NOT NEED TO FILL OUT THE RETURN ADDRESS LABEL.

RETURN ADDRESS LABEL:

Below is a label that can be taped to the outside of your sealed proposal response. If returning your proposal response by mail or in person, please fill out the information and tape to the outside of your proposal package.

SHIP TO:

UNIVERSITY OF WISCONSIN-STEVENS POINT PURCHASING DEPARTMENT

2100 MAIN STREET, RM 041W

STEVENS POINT WI 54481

PROPOSAL

NUMBER: HIW8-005

DUE DATE: NOV 20, 2017

TIME: 3:00 PM CST

SHIP FROM:

VENDOR NAME HERE:_ADDRESS:_
__
__

2.2 PROPOSAL RESPONSE REQUIREMENTS:

Proposals should be typed and submitted on 8.5 by 11 inch paper and bound securely. The response should be organized and presented in the following order. Each section should be separated by tabs or otherwise clearly marked. The contents within each tab should reference the section or attachment number assigned in the RFP. No mention of any financial impacts may be indicated in the technical requirements response and must be submitted in the Cost Proposal (Attachment X) and submitted as directed in Section 2.1. Failure to submit as indicated may disqualify your proposal.

Tab 1:

· Request for Proposal form signed by an authorized representative of proposing company - Cover Page.

· Vendor Information Form, Attachment A.

· Client Reference List, Attachment C.

Tab 2: Responses to specifications in Section 4. – Specifications (Section 4.8). Tab 3: Cost Proposal, Attachment B Tab 4: Other

· Vendor Agreement Wisconsin Cooperative Purchasing Services (Attachment E)

· Designation of Confidential and Proprietary Information (Attachment D) RETAIN A COPY OF YOUR PROPOSAL RESPONSE FOR YOUR FILES

2.3 Certification of Independent Offer Determination:

By submitting a Proposal, the Proposer certifies, for their firm, that the RFP:

2.3.1 Independent Offer. The plan has been arrived at independently, without consultation, communication or agreement with any competitor for the purpose of restricting competition;

2.3.2 Offer Disclosure. Unless otherwise required by law, the offer cited in this RFP has not been and will not be knowingly disclosed by the Proposer prior to opening directly or indirectly to any other Proposer;

2.3.3 Restriction of Competition. No attempt has been made nor will be made by the Proposer to induce another person or firm to submit or not submit a plan for the purpose of restricting competition.

2.4 Signatory Authority:

Each person signing this proposal certifies that:

2.4.1 Offer Responsibility: The individual applying their signature has authority to contract for their company and is responsible for the proposal and offer submitted and has not nor will not participate in any action contrary to 2.3.1 through 2.3.3;

2.5 Clarifications and/or Revisions through Designated Contact:

All communications and/or questions in regard to this RFP must be in writing and reference the RFP number. Proposers are encouraged to e-mail Heidi Wallner, (hwallner@uwsp.edu) questions to the Purchasing Office. Only written questions are permitted, per the schedule in 2.1.

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

Heidi Wallner UWSP Purchasing Department 2100 Main Street, Rm 041W Stevens Point, WI 54481

PHONE 715-346-2926 -- FAX 715-346-0411

E-mail: hwallner@uwsp.edu

If a Proposer fails to notify the Purchasing Office of an error in the RFP document which is known to the Proposer, or which must have reasonably been known to the Proposer, then the Proposer shall submit a response at the Proposer’s risk and if awarded a contract, shall not be entitled to additional compensation or 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 RFP, supplements or revisions will be posted on http://vendornet.state.wi.us and publicnotices.wi.gov and provided to all recipients of this initial RFP.

Any contact with University employees concerning this RFP are prohibited, except as authorized by the RFP manager during the period from date of release of the RFP until the intent to award is released. Contacting anyone other than the Designated Contact(s) above may disqualify your RFP.

2.6 Multiple Proposals

Proposers who wish to submit more than one proposal may do so, provided that each proposal stands alone and independently complies with the instructions, conditions and specifications of the request. Each plan must be separately submitted and labeled as Proposal #1, Proposal #2, etc. If multiple responses are submitted, the University reserves the right to review each Proposal separately and award to the Proposal that is the most advantageous and in the best interest of the University. The University is the sole judge of its best interests in regard to the Proposal submitted.

2.7 Conflict of Interest:

By submitting a Proposal, the Proposer certifies that no relationship exists between the Proposer and the University that interferes with fair competition or is a conflict of interest, and no relationship exists between the Proposer and another person or firm that constitutes a conflict of interest that is adverse to the University.

2.8 Proprietary Information

Any information contained in the Proposer’s response that is proprietary must be detailed separately on 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). 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.

2.9 Appeals Process:

Any protest of the University's solicitation or intent to award must be based on an alleged violation of the Wisconsin State Statute or a provision of a Wisconsin Administrative Code.

No later than five working days after the date of solicitation or the notice of intent to award is issued by the University, written notice of intent to protest must be received by:

Administrative Services Attn: Director of Procurement University of Wisconsin System 780 Regent Street, Suite 105 Madison, WI 53715 with a copy to:

Purchasing Department Attn: Purchasing Manager University of Wisconsin-Stevens Point 2100 Main Street, Rm 041W Stevens Point, WI 54481

The complete protest must be received no later than ten working days after the date of solicitation or the intent to award is issued. The protest must be in writing.

Protesters must make their protests as specific as possible and must specifically identify the Wisconsin State Statute and/or State of Wisconsin Administrative Code provision(s) allegedly violated.

The decision of the University regarding the protest may be appealed to the Secretary of the Department of Administration within five working days after denial by the University, with a copy of such appeal filed with the University.

SECTION #3: TERMS AND CONDITIONS OF CONTRACT

3.1 Entire Contract

A contract will be awarded based on the criteria established in this Request for Proposal, including attachments and any amendments issued. The RFP, the proposal 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 for Proposal Number HIW8-005, including amendments/ attachments C. Proposer response to RFP.

D. Official Purchase Order (when applicable)

Any other terms and conditions provided by the Proposer with the proposal 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 Vendor unless agreed to in a written amendment signed by the University Purchasing Department. Any exceptions to this RFP should be submitted with your response and alternative language proposed. 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/proposer shall be held liable.

Submitting a standard Proposer 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 proposal.

The University reserves the right to negotiate contractual terms and conditions or reject the Proposer’s response and proceed to the next qualified proposer.

3.2 Contract Administrator

Any correspondence must include reference to Contract number HIW8-005 and be sent to the Contract Administrator. The Contract Administrator is authorized to give the approvals required under this contract on behalf of the University.

The Contract Administrator who is authorized to give the approvals required under this Contract is:

Heidi Wallner UWSP Purchasing Department 2100 Main Street, Rm 041W Stevens Point, WI 54481

PHONE 715-346-2926 -- FAX 715-346-0411

E-mail: hwallner@uwsp.edu

3.3 Term of Contract

It is the intent of the University to start the resulting Contract upon successful negotiations. The initial term of this contract shall be effective on the contract execution date and shall run for five (5) years beginning January 2, 2018 (CONTRACT START DATE) or date of award, though, December 31, 2022 (CONTRACT END DATE) with an option to renew for three (3) additional one (1) year terms. Any renewal(s) will be by mutual agreement of University and the Contractor(s).

3.4 Contract Termination

3.4.1 The University may terminate the Contract at any time, without cause, by providing 30 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.

3.4.2 Should the University breach any terms or provisions of this contract, the contractor shall serve written notice on the University setting forth the alleged breach and demanding compliance with the contract. Unless within ten (10) calendar days after receiving such notice, the allegation shall be contested or such breach shall cease and arrangements be made for corrections, the contractor may cancel the contract by giving sixty (60) days notice, in writing, by registered or certified mail of its intention to cancel this contract.

3.4.3 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 90 calendar 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: product availability, timeliness or failure to provide any of the Terms, Conditions or Specifications.

3.4.4 The contract may be terminated by either party on the anniversary of the effective date in any subsequent year of the contract, if either party provides the other party with written notice one hundred and eight

(180) days prior to such anniversary date.

3.4.5 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.

3.4.6 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, the University has the right to cancel and terminate the Contract without notice.

3.4.7 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.

3.4.8 All notices of performance failure must be submitted in writing to UWSP Purchasing, 2100 Main Street, Rm 041W, Stevens Point, WI 54481. Purchasing shall be final authority for all performance failure determinations not resolved through the ordering department.

3.5 Orders:

Under this contract, Specific Purchase Order(s) or Contract Blanket Purchase Order(s) may be issued to the Contractor(s). Proposal should identify method by which you will accept orders against this contract (e.g. e-mail, fax, internet, mail, phone, etc.).

3.6 Firm Prices and/or Percentages:

Prices and/or percentages 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.

Price increase requests proposed after the initial Contract term, along with an updated Price List, must be received by Purchasing in writing 90 calendar days prior to the contract anniversary date for acceptance or rejection. Proposed price increases are limited to fully documented cost increases submitted with the request. If Purchasing deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or part. Acceptance of the price increases may be in the form of an amendment to the contract.

Price increases must be labeled with the contract number and be submitted in the same format as the original Proposal. Any price increase requested that is not submitted in the proper format may be rejected.

Contractor should promptly notify Purchasing of new or discontinued items.

3.7 Payment Terms

Payment will not be made until the item/service is determined to meet all specifications and has been accepted by the University of Wisconsin-Stevens Point. The University will pay the Contractor Net 30 days from receipt of invoice and product acceptance by the University.

3.8 Invoicing Requirements:

3.8.1 Contractor must agree that all invoices shall reflect the discounts and net prices established for the 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) identical to those stated in proposal

· 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 UWSP Payment Services, 2100 Main Street, Room 041E, Stevens Point, WI 54481, Payment.Services@uwsp.edu.

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

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

3.10 Campus Delivery Requirements:

3.10.1 The UW-Stevens Point Central Receiving Address is:

Central Receiving (for Common Carrier and USPS shipments) 1928 Maria Drive Stevens Point, WI 54481

Any service involving delivery or pickup shall be made to or from University departments five days per week, Monday through Friday, from 7:00 a.m. to 3:30 p.m. unless negotiated otherwise.

3.10.2 The UW-Stevens Point Athletics Mailing Address is:

UWSP Athletics Department 2050 Fourth Avenue Stevens Point, WI 54481

3.11 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 award and provided 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 campus for their respective purchases.

3.12 Activity Reports:

Contractor must be able to report, upon request, 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

3.13 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.

3.14 Performance Meetings

The Account Representative and/or Contract Administrator must be available to meet upon request with the University's Contract Administrator to evaluate contract implementation and performance and to identify continuous improvement.

3.15 Subcontracting:

3.15.1 Any Contract resulting from this proposal 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.

3.15.2 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.

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

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

3.16 Fair Price Analysis:

Purchases made under this contract may require further fair price analysis. Proposers should identify on the Proposer 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 Proposer will be required to provide this documentation prior to the order being issued.

3.17 Severability

If any provision of this contract shall be, or shall be adjudged to be, unlawful or contrary to public policy, then that provision shall be deemed to be null and separable from the remaining provisions, and shall in no way affect the validity of this contract.

3.18 Workers Rights Consortium

Contractors including their suppliers are required to follow the Worker Rights Consortium Model Code of Conduct located here: http://www.workersrights.org/university/coc.asp.

3.19 Environmentally Responsible (“Green”) Product:

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.

3.20 Supplier Diversity

3.20.1 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-Stevens Point 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 shall furnish information at least once per year, in the format specified by the University, about its purchases (including dollar amounts) from Wisconsin certified MBEs, and additional efforts made to achieve this goal.

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.

3.20.2 Woman Owned Business (WBE)

The State of Wisconsin is committed to the promotion of Woman-Owned Businesses as outlined in 560.035, Wisconsin Statutes.

The State of Wisconsin policy provides that Woman-Owned Businesses certified by the Wisconsin Department of Commerce 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 Woman-Owned Businesses or by using such businesses to provide goods and services incidental to this agreement.

3.20.3 Disabled Veteran Owned Business (DVB)

The State of Wisconsin policy provides that Disabled Veteran-Owned businesses certified by the Wisconsin Department of Commerce 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 Disabled Veteran-Owned businesses or by using such enterprises to provide goods and services incidental to this agreement.

3.21 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 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 proposal.

Information on debarment is available at the following websites: www.sam.gov and https://acquisition.gov/far/index.html see section 52.209-6.

3.22 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.

3.23 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.

SECTION #4: REQUIREMENTS AND SPECIFICATIONS

Requirements that include the word "must" or "shall” describe a mandatory requirement. FAILURE TO MEET A MANDATORY REQUIREMENT MAY DISQUALIFY YOUR PROPOSAL.

4.1 Proposer Information:

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

4.2 Proposer Experience:

Proposer company must be in the business of providing athletic apparel and must have done so for the past three

(3) years.

4.3 Authorization:

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

4.4 Workers Rights Consortium Model Code of Conduct:

Proposer must agree to the WRC Model Code of Conduct (http://www.workersrights.org/university/coc.asp). Proposer must include a letter in agreement to the Model Code of Conduct and include in their proposal submission. The letter should be created on company letterhead and signed by authorized company individual(s).

4.5 Client List/References:

Proposer must supply with their bid a client list of THREE (3) firms to which similar services have been provided during the past three (3) years to a comparable sized institution or company (see Attachment C). If contacted, information received from those clients will be used to determine whether proposer can reasonably meet contract requirements and specifications. Client references may be used in the award consideration. The University may perform due diligence by contacting any applicable business reference, including references from within the UW System or those references sought out independently of those submitted by proposer. The University reserves the right to disqualify any Proposer whose references don’t support their stated claim of qualifications in their response.

4.6 Licensing:

UW-Stevens Point’s names, logos and trademarks are registered. All UW-Stevens Point products and apparel must be produced by a licensed vendor. The awarded Contractor must become licensed. Contact UWSP University Communications and Marketing for full details. Unlicensed vendors may not produce UW-Stevens Point products.

4.7 Minimum Order:

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

4.8 Functional Requirements

Proposer must answer following in narrative form. Please restate the question and provide the answer in the order listed.

4.8.1 Complete Product Catalog (200 points)

A. Submit a complete hard copy of the product catalog and provide link to online catalog. Include generic and brand name for all sports indicated.

B. Submit a Vendor produced art book/portfolio showing graphic design work on apparel.

C. Identify the nature, length and diversity of the relationship with a National Brand and their products.

D. Define the flexibility in the exclusivity of the National Brand(s) represented.

E.

4.8.2 Order Process (250 points)

A. Describe the method/process how the UWSP Athletic Department will order team apparel.

B. Describe the method in which other UWSP departments order items.

C. Describe varies ways ordering would be done: though an exclusive dealer; various dealers; or direct with manufacturer.

D. Describe how uniforms and products are customized/embellished (do not include costs) E. Describe product availability and meeting order requests in a timely manner.

4.8.3 Start Up Transition Plan (150 points)

A. Describe how each team will transition their current apparel to the vendor supplied brand. Include example of timeline transition period for each sport.

B. Provide a Vendor’s timeline and the requirements of uniform purchases and transitions for each athletic team during the duration of the contract.

NOTE: Failure to respond to all items in this section may be deemed as sufficient reason to reject a proposal. Format your response to correspond numerically with items on the Submittal Instruction (see Section 2).

SECTION #5: EVALUATION AND AWARD OF CONTRACT(S)

5.1 Proposal Scoring

Proposals meeting mandatory requirements will be reviewed by an evaluation committee and scored against the stated criteria. If no proposer is able to comply with a given specification or mandatory requirement, Purchasing reserves the right to delete that specification or mandatory requirement and to accept or reject any proposals without penalty. In the event that all proposers do not meet one or more of the mandatory requirements, Purchasing reserves the right to continue the evaluation of the proposals and to select the proposal which most closely meets the requirements specified in this RFP.

The committee may, at its sole discretion, review references, request oral presentations, and conduct an on-site visit and use the results in scoring the proposals. Proposals from certified Minority Business Enterprises or Disabled Veteran-Owned businesses may have points weighted by a factor of 1.00 to 1.05 to provide up to a five percent (5%) preference to these businesses. The evaluation committee's scoring will be tabulated and proposals ranked based on the numerical scores calculated.

5.2 Scoring Criteria and Method

For each response required of the Proposer in Section 4, the points provided in parentheses represents the total possible points available for each response. The responses will be evaluated based on the relative merits to the needs of the University (rather than relative to competing Proposer’s responses). The proposals will be scored independently by each committee member and the resulting scores will be averaged to determine the highest scoring proposal.

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 proposal when that qualified proposal is not more than 5% higher than the apparent low proposal 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.

Cost Proposal

5.2.1 Percentage Off Catalog Prices (150 points)

The highest percentage off catalog prices of the proposal will receive 100% of the allotted points. All other proposals will be scored using the formula as follows:

Proposer's Percentage Off Offered (varies according to proposal being scored) X Maximum evaluation points given = SCORE Highest Percentage Offered (constant)

Calculation of points awarded to subsequent proposals will use the percentage off catalog price as the numerator and the highest percentage offered as a constant as the denominator. This result will always be less than one. The result is then multiplied by the number of points given to the cost section of the RFP.

For Example: Proposer Offer#1: 50% Proposer Offer#2: 25% Highest Offer: 50% off catalog prices becomes the constant

0.50 / 0.50 X 200 points = 200 points awarded to Proposer 1

0.25 / 0.50 X 200 points = 100 points awarded to Proposer 2

5.2.2 Product Credit/Sponsorship (250 points)

The product credit/sponsorship portion of the proposal will be calculated based on the highest amount offered receiving 100% of the allotted points. All other proposals will be scored using the formula as follows:

Proposer's Bid (varies according to proposal being scored) X Maximum evaluation points given = SCORE Highest Bid Offered (constant)

Calculation of points awarded to subsequent proposals will use the proposer’s bid for product credit/sponsorship as the numerator and the highest amount offered as a constant as the denominator. This result will always be less than one. The result is then multiplied by the number of points given to the cost section of the RFP.

For Example: Proposer Offer#1: $50,000.00 Proposer Offer#2: $25,000.00 Highest Offer: $50,000.00 becomes the constant $50,000.00 / $50,000.00 X 250 points = 250 points awarded to Proposer 1 $25,000.00 / $50,000.00 X 250 points = 125 points awarded to Proposer 2

5.2.3 For all other non-pricing related responses, points will be awarded relative to the needs of the State of Wisconsin, as solely determined by the evaluation committee members.

Points Evaluation and selection of a proposal will be based on the assignment of points by the evaluation committee which is then combined with the Cost Proposal points for a final score. (See Point Matrix below.)

Points MatrixPoints Available
4.1 Proposer Information (Attachment A)Mandatory
4.2 Proposer ExperienceMandatory
4.3 AuthorizationMandatory

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