RFP D21-009-O.docx

REQUEST FOR PROPOSAL #D21-009-O

Official Sealed

NO PUBLIC OPENING

RFP Manager: Donna Lumsden Email: uwmbids@uwm.edu

See section 2.1 for rules regarding communications during a Proposal.

Amendment Number (if applicable):

Deadline for Questions: 10/29/20 at 12:00 PM Noon

Due Date: 11/9/2020 at 1:00

Available submission methods:

Email (See Section 3.3 for instructions)

The undersigned has legal authority to bind the RFP to this Proposal.

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

The undersigned claims minority Proposer preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Proposer must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 101 E Wilson Ave, 6th Floor, Madison, WI 53703. 608-267-9550.

|_|Yes |_|No

The undersigned Proposer is 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, WI 53703, (608) 266-5462.

|_|Yes |_|No

The undersigned Proposer claims disabled veteran owned business bidder preference [Wis. Stats. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may by granted to CERTIFIED Disabled Veteran Owned Businesses. Bidder must be certified by the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, WI 53703, (608) 267-9550.

|_|Yes |_|No

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 Proposal were manufactured in whole or in substantial part within the U. S.

. |_|Yes |_|No |_|Unknown

By signing this, the undersigned certifies that Proposer has 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 statements are accurate under penalty of perjury.

|_|Yes |_|No

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

|_|Yes |_|No

Name of Authorized Company Representative:

Signature of authorized Proposer representative

Proposer’s email:

Address of Proposer:

Date:

Federal Employer Identification No (or social security if sole proprietor) (voluntary)

State of Wisconsin – UW-Milwaukee Wis. Statutes s.16.75

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

1. GENERAL INFORMATION

1.1. Purpose: The University of Wisconsin-Milwaukee issues this Request for Proposal 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, (hereafter “UWM”), invites vendors to submit a proposal in response to this RFP to provide scrap metal hauling and recycling services.

1.2. Organization of the RFP:

Section 1: General Information/Background Section 2: Scope of Work, Services and Requirement/Contract Terms Section 3: Preparing and Submitting your Proposal Section 4: Proposal Selection and Award Process Section 5: Supplemental Standard Terms and Conditions for Procurements for Services Revenue Proposal (Exhibit A) and Vendor Required Forms

Definitions. The following definitions are used in the RFP:

Bid Cover Sheet – The first page of this RFP BAFO - Best and Final Offer Committee - the Evaluation Committee which evaluates the Proposals Contractor, Successful Proposer – an awarder proposer MBE – Minority Business Enterprises.

Must “Shall”, and “Will” are mandatory requirements Proposer, Supplier - a firm submitting a proposal in response to this RFP RFP –Request for Proposal.

State – State of Wisconsin UWM – the University of Wisconsin – Milwaukee

1.3. Contract Term: The contract will begin upon final executed contract date and cover a three (3) year period with an additional two one-year renewal options upon mutual agreement.

1.4. Background: The purpose of this document is to provide interested parties with information to enable them to prepare and submit a RFP for Metal Scrap Hauling and Recycling Services. Metal scrap on the UWM campus is derived from used furniture, obsolete equipment, space reconfiguration, student projects, among other sources. UWM desires to recycle its metal scrap in a way that provides for timely and efficient pickups, as well as directing the scrap to recyclers for repurposing, minimizing environmental impact.

1.5. Evaluation Criteria: Proposals should be organized with the following criteria in mind, as these criteria will be evaluated and scored, for a maximum number of 1,000 available points, as noted:

234 points

2. Scope of Services and Requirements

2.1. Scrap Types to be Recycled:

· Sheet Iron (steel dumpster)

· Copper

· Brass

· Aluminum

· Stainless Steel

· Insulated Wire Types 1, 2, 3 (separate streams)

· Clean Lead

· Lead Acid Batteries

· Transformers

· Motors

· Electronic Light Ballasts

· Standard Light Ballasts

· Refrigerant containing equipment – Contractor must be DNR certified

2.2. In your RFP response, provide the distance from your location to UWM, the recycling location(s) you would be using, and the distance from UWM to the various recycling location(s) which you would be using.

2.3. Contractor must provide notice of any item listed in Section 2.1 for which they have no consistent way to recycle or, if there is a disruption in the ability to recycle any of the items listed in Section 2.1, Contractor must provide notice at the time of pickup request from UWM, that scrap would need to be taken to a landfill.

2.4. Proposer Information: Proposer must currently be in the business of recycling scrap metals. Contractor must provide knowledgeable individuals, acceptable to the University. Contractors shall have in their employ, sufficiently qualified and competent personnel to perform work promptly, and in accordance with Contract requirements.

2.5. Proposer is to provide a description of your company structure and staff. Note the individual(s), who would be assigned to work with UWM, and provide a narrative regarding their experience in the industry, including how they would effectively carry-out the required administrative functions. Include a minimum of three references for companies that your company has done business with, in similar capacity as this RFP requires, along with contact information.

2.6. A Contract Administrator to act with full authority on the Contractor’s behalf in all matters pertaining to the University and this Contract, who can consult with the UW Customers on current and future recycling efforts and programs,

2.7. The Contractor, its officers, agents, and employees, in the performance of this Contract shall act in the capacity of an Independent Contractor and not as an officer, employee or agent of the University. Contractor agrees that it shall take such steps as may be necessary to ensure that each subcontractor or contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venture or partner of the University.

Contractor shall be responsible for personnel relations of the employees on its payroll. Contractor shall comply with all applicable government regulations related to employment, compensation, and payment of personnel.

Contractor’s personnel shall observe all regulations of the University. Failure to do so may be grounds for reassignment of the Contractors staff.

Contractor shall occupy and use the premises of the University only for product recycling operations and at the discretion of the Contract Administrator. For those areas identified by the Customer for Contractor use, they will be kept clean “swept” by the Contractor.

The University reserves the right to inspect vendor's facilities and other service operations prior to bid award. If awarded, UWM also reserves the right to inspect those facilities within 48-hour notice. UWM staff must be allowed to witness the recycling and/or disposal of materials, if desired, on a limited basis.

Include in your narrative, a list of the various types of scrap that you can recycle, specifically addressing the list provided in Section 2.1.

2.8. PICK-UP SITES:

UWM off-campus sites may be added, during the contract period. Those may include, but are not limited to:

· The School of Freshwater Sciences, 600 E. Greenfield Avenue, Milwaukee 53204,

· UWM School of Continuing Education, 161 W. Wisconsin Avenue, Suite 600, Milwaukee 53203

· UWM at Washington County, 400 University Drive, West Bend, WI 53095

· UWM at Waukesha County, 1500 N. University Dr., Waukesha, WI 53188

· Any additional users shall be identified and approved by the Contract Administrator before services are provided by Contractor under this contract.

2.9. SITE INSPECTION: Bidders are encouraged to participate in a site inspection of the main pick-up site, prior to submitting bid to determine all requirements associated with the contract. Failure to adequately inspect, shall not relieve the bidder from the responsibility of furnishing, without additional cost to the University, any materials and equipment, or performing any labor that may be required to carry out the requirements of the contract.

The site inspection, at the main site, will take place at the University Services and Research Building (USRB), located at 115 E. Reindl Way, Glendale, WI 53212 on Wednesday, October 28, 2020 at 9:30 AM. If you plan to attend, please contact Donna Lumsden at lumsden@uwm.edu. Participants are required to wear a mask and adhere to social distancing guidelines. UWM will make reasonable efforts to accommodate Proposers at a date and time other than the specified, if possible, but there is no guarantee.

Questions regarding the site inspection, other than for scheduling purposes, should be directed to uwmbids@uwm.edu

2.10. DELIVERY AND INSTALLATION: All delivery and installation of containers, and on-going services for such, are to be included in the cost provided in the Revenue Proposal Exhibit A, for the entire length of the contract. The Contractor shall bear the full responsibility for all risk of loss from equipment damage, and money or product lost resulting from vandalism or theft for all Contractor-owned equipment. Contractor shall not penalize UWM for any such losses that the Contractor incurs. UWM shall inform the Contractor immediately upon becoming aware of pilferage or destruction of any equipment. UWM shall bear the risk of loss to its own equipment resulting from vandalism or theft other than that caused by the Contractor or its’ employees.

2.11. EQUIPMENT REQUIREMENTS: (For all locations unless otherwise identified): Contractor must supply containers per the terms and conditions as shown in Section 2.10 “Delivery and Installation”, and Section 2.8 for specific locations, to be placed on the UWM campus by agreed upon contract start date. All supplier provided equipment does not have to be new, but must be in good condition, and of most recent design of proven efficiency. All equipment may be inspected by UWM prior to final installation to determine acceptability. UWM will be the sole judge of acceptability for use on the contract. Contractor is responsible for any repairs, which may need to be made to the containers, or replacement of any containers, which are not functioning properly or become unsightly in appearance UWM will be the final judge as to what is an unsightly container.

All containers shall at a minimum be placed so as not to jeopardize the health or safety of any person employed by the University or lawfully on University premises; and such containers shall be in accordance with the requirements of this RFP. All containers used to collect, store, or transport scrap metal from campus, (e.g. trucks, trailers, containers, dumpsters, etc.), shall provide for public, employee, and general safety, and present an aesthetic appearance subject to the sole judgment of the University. Where appropriate, containers shall be painted, lockable, labeled, or otherwise brought into conformity with University requirements. Any containers which the University deems not qualifying shall be replaced within 5 working days, or as agreed upon between UWM and the Contractor.

The University and the Contractor shall mutually determine installation location of the required containers at new sites. The Contractor shall assume sole expense and risk to place, install and maintain all provided scrap metal collection containers. Contractor shall clean and service the provided containers. All installation and alterations to the existing space and facilities shall have prior approval of the University’s Contract Administrator, who will consult the University personnel in charge at each site where modification is proposed.

During the Contract, the number of required containers shall be examined by the Contract Administrator and Contractor with the objective of providing the best possible service to eligible users.

Contractor must be able to provide, upon request, gaylords and 55-gallon drums.

2.12. SERVICES: The Contractor shall furnish all supplies, equipment, management, and labor necessary for the efficient operation of collection services of scrap metal included in this Contract.

The Contractor shall provide scrap metal collection containers at sites specified in this RFB in sizes appropriate to each site; and shall provide them temporarily at additional sites as requested by the University; and shall transport scrap metal generated by the University. The Contractor shall provide new containers and pick up full containers within 24 hours of being contacted by the authorized site representatives.

On demand dumpster pickups are sometimes required at the main UWM Kenwood campus or other off-site campus locations. This usually occurs when a renovation project is under way and the waste consists of at least a 30-yd dumpster of scrap metal. Services shall be available to the specified on-site campus locations. Any additional users shall be identified to and approved by the Contract Administrator before services are provided by Contractor under this contract. Same response time as shown in the paragraph above.

Container deliveries and pick-ups will be on demand, except for at the USRB where a 30 YD dumpster must always be kept on site for sheet metal. Therefore, when picking up a full dumpster, a replacement dumpster must be left. Typically, there are 2 – 5 pick-ups per month of steel; Semi or box truck pick-ups occur 3 – 4 times per year. The University does not guarantee any specific quantities.

The Contractor must provide an email acknowledgement to the Contract Administrator when a pick-up occurs. UWM will provide the scrap in clean streams by product type. Assistance of the Contractor in sorting streams will be required.

The University Services & Research Building (USRB) is the location where most of the recycling is accomplished. These pickups typically consist of scrap metal parts, metal furniture, motors and medical equipment. Specialty, single-source metals are segregated from general scrap (e.g., copper, aluminum). One permanent 30 YD dumpster for sheet iron must be placed at the USRB site. Any other dumpsters would be delivered and picked-up on demand.

Access to the dumpster is during operating hours, only, and requires UWM staff to grant access through the bay door. The door to the dumpster is 14’ H X 12’W

Contractor to provide on-call services between 8:00 AM and 4:00 PM for service of the sheet iron 30YD open top. Contractor must provide UWM contact with a scheduled date and time window for service within 24 hours of request for service. Pick-up of 30 YD open top container must be completed by date and time for Contractor notification of pick-up which must be within 24 business hours of request.

For the Student Union, dumpster delivery is to be made within 48 hours of request, and no later than 7:00 AM, of the required delivery date. Pick-up can be made after 12:00 noon of the same day as delivery, but no later than 3:00 PM.

Each building where pickup is requested, without use of a dumpster or other container provided by vendor, will have a dock available for pick up. The UWM Student Union is one of these buildings. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed. All onsite vendor vehicles must be clearly labeled with the vendor’s correct business logo and contact information.

In the unlikely event that the University has a need to deliver University scrap metal to Contractor’s facility, Contractor shall be required to accept such delivery. A numbered weight slip must be given to University driver at time of delivery. The weight slip should include: date, weight of material, University truck number, and metal type. The Contractor shall not issue checks to any University personnel at the time of delivery. The University's responsibility for materials ends when the materials are delivered to the Contractor's site and a receipt is issued.

The successful vendor is responsible for obtaining all required permits (including parking) and licenses and bonds to comply with state regulations and county, state and federal laws. Successful vendor shall assume liability for all applicable taxes including but not restricted to sales, income and property taxes.

Additional services related to this contract may be added via an amendment to this contract issued by the Purchasing Department.

If access to a pick-up location is blocked, the Contractor’s driver is required to call the Contact that is provided for that location and, at a minimum, leave a voicemail message and wait for at least five (5) minutes for the problem to be resolved, before leaving the site.

Failure to do this will be considered a missed pick-up.

Describe in your response, internal processes your company would employ to ensure proper execution of the required services.

2.13. MISSED SERVICE: Contractor must return to UWM to service missed or under pick-ups, which are pick-ups that were not complete at a specific location, within 24 hours of notification from UWM point of contact via e-mail and/or call.

2.14. PROCESSING OF RECYCLEABLES: Proposers should describe how scrap metal is processed when it reaches the Contractor’s facility, how it is broken down and distributed to other recycling operations, and any other facets of processing or distribution that you wish to include. Narrative should include information which shows how your company is working to obtain the best price for the scrap metal, while also managing the scrap in a responsible way.

2.15. ACCOUNTING: The contractor shall maintain complete and accurate records of scrap metal recycling transactions in accordance with accepted industry accounting practices and the records shall be kept in a safe place. These records will include financial records and statements pertaining to the Contract for a period of five years from the close of each year's operation. The Contractor shall make available such records for inspection by the University upon request.

All losses incurred by the Contractor in the process of scrap metal recycling due to theft, fire, accident, protest and so on shall be the responsibility of the contractor. Any profit or loss from the operation of scrap metal recycling process shall be the Contractor's.

2.16. REVENUE/PAYMENTS/REPORTING AND AUDIT: The Contractor should provide a narrative for this section describing how they propose determining the gross revenue for any given load, prior to calculating the contracted revenue percentage to UWM. Provide information on the specific market indicators, for both ferrous and non-ferrous products, which you will use to support the pricing to which the contracted revenue percentage is applied. The indicators must be accepted industry indicators for our region of the country. Narrative should support the use of the specific indicators.

Include in your narrative an explanation of all acronyms that may be used in any Statement or Monthly Report

The Contractor shall pay the University on a per load basis, with the payment to be postmarked no later than 20 business days of the date of pickup. Each payment must include a statement showing a breakdown of material stream(s), weight(s), price per weight, percentage revenue per the Contract, the total revenue to UWM for each stream, the number of hauls, and hauling charge.

Any downgrading of material from that which was defined in a specific pickup request, resulting in a loss of return to UWM of 25% or greater, must be approved by UWM or material must be made available for retrieval by UWM.

Two separate revenue checks must be issued. One payable to the University of Wisconsin-Milwaukee Student Union, and the other payable to the University of Wisconsin-Milwaukee, which is inclusive of all other locations. Both Checks are to be sent to Kate Nelson, UWM Office of Sustainability, PO Box 413, Milwaukee, WI 53201.

PROVIDE A SAMPLE STATEMENT WITH YOUR RESPONSE, WHICH WOULD MATCH AS CLOSELY AS POSSIBLE, THE EXAMPLE, PROVIDED, AS FOLLOWS:

ICW = Insulated Copper Wire

MONTHLY REPORT: A monthly report must be provided by the Contractor no later than the 10th of the subsequent month. The monthly report must include:

A list of all pickups including date, weight, type of material, location, and applicable hauling charges Date and name of UWM agent, if authorization was provided for downgraded streams Total Net revenue payments to UWM Documentation of Appropriate Market Indicator changes since the preceding monthly period, obtained from a leading market firm, as agreed upon between UWM and the Contractor. Show appropriate contracted revenue percentage and total revenue earned by UWM for the period.

Payments not received by the University on the 20th day following the previous month's service shall be paid by the Contractor plus an interest penalty on the payments due, at 5% of the revenue value for that month’s payment.

Repeated late payments and incomplete or missing transaction documentation may subject the Contract to cancellation.

On request of the University the Contractor shall meet with the University and review monthly statements, explain deviations, discuss problems, and mutually agree on courses of action to improve the results of the required services included in this contract. Monthly statement adjustments identified by either the Contractor or UWM, shall be made to the UWM account in a timely manner, as agreed upon between the Contractor and UWM.

All records relating to the Contract shall be open for inspection and/or audit by the State and/or UWM at any or all reasonable times.

2.17. FIRM PRICING: The net revenue percentage to UWM, as requested in Exhibit A, is to be firm for the life of the contract. The net revenue is the dollar value of the metal being recycled less any operational costs, other than hauling charges. Hauling charges are to be fixed for the entire first year of the contract. After the initial one-year period, the Contractor MAY request a change in the hauling cost piece of the revenue formula. Any request for a price increase must be made in writing to the Purchasing Agent listed on the P.O. Any price increase sought must be based on documented industry-wide changed market conditions beyond the control of the Successful Bidder. The increase must be approved by the Purchasing Office prior to its effective date in the form of a contract amendment.

2.18. CAMPUS CONTACTS:

UWM Contract Administrator Contact: Kate Nelson, 414-229-3465, knelson6@uwm.edu. Kate shall be the representative of the University responsible for administration of the contract and referred to herein as "the Contract Administrator”.

University Services & Research Building- One 30 YD Dumpster kept on site; Additional On-Demand Dumpster Deliveries and Pick-Ups

UWM Student Union- On Demand Pick-Ups Contact: Chelsea Pedler, 414-229-6062, crpedler@uwm.edu

The UWM Union is to be handled with a separate bill of lading and payment process with a copy to Kate Nelson knelson6@uwm.edu. Pickups at this site will be scheduled when needed.

2.19. CONTRACT CANCELLATION: This Contract may be terminated by either party for the following conditions:

2.19.1. After the initial term of the Contract, 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 Contractor is liable only for payments for items/services provided or performed up to the date of the termination.

2.19.2 Should either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing by mail of such failure and demand that the same be remedied within 10 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: failure to provide weight tickets as required, inaccurate reporting of weights, short paying for counts or weights of products recycled, overcharging for items requiring University payments to Contractor, failure to keep up to service requests, failure to provide service in agreed upon time frames, failure to provide payments on a timely basis, or failure to meet any of the Terms, Conditions, Specifications or Special Conditions of this RFB.

2.19.5 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 Section L, below, of this RFB, the University has the right to cancel and terminate the Contract without notice.

2.19.6 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 inequity, to terminate this Contract by giving 10 calendar day notice in writing of such termination.

2.19.6 All notices of performance failure must be submitted in writing to Purchasing Office, University of Wisconsin – Milwaukee, P.O. Box 777, Milwaukee, WI 53201-0777. Purchasing shall be final authority for all performance failure determinations not resolved through the ordering department.

2.19.7 UWM reserves the right to cancel any contract in whole or in part without penalty due to non-appropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract. UWM shall give notice, in writing, of such termination at least 10 days before the effective date of termination. Each party will assist the other party in the orderly termination of this contract and the transfer of all aspects hereof, tangible or intangible, as may be necessary for the orderly, non-disruptive business continuation of each party.

2.19.8 Removal of Equipment Upon Termination of Contract:

Upon termination or expiration of this Contract, Contractor shall vacate and return the premises to the University in the same condition as at the time the Contractor entered the premises, reasonable use and wear excepted. Contractor’s equipment not removed from the University locations within 10 days after written notice of termination to the Contractor may be removed and placed in storage by the University. Contractor shall assume all costs of removal, storage and product and revenue loss.

To ensure the continuation of collection services, the Contractor shall honor the University’s request to extend the Contract to allow for delivery and installation of new equipment for start of the new Contract.

2.20. MINIMUM YEARS IN BUSINESS: Bidder or its principals must currently be in the business of providing requested services and item must have been in this line of business for the past three (3) years.

3. PREPARING AND SUBMITTING A RESPONSE

3.1. Communication/Questions: From the date of release of this RFP until award, the only permissible communication regarding this RFP is in writing to uwmbids@uwm.edu. Violation of this condition may be considered cause for RFP rejection.

Proposers are expected to raise any questions, exceptions, or additions they have concerning the RFP. If a Proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the Proposer should immediately notify the RFP manager of such error and request modification or clarification the RFP. By failing to do so, proposers waive the right to claim any provision of this Bid is ambiguous.

3.2. Addendum: Addendum(s) shall be posted on the State of Wisconsin Vendor Net website http://vendornet.state.wi.us. Proposers are responsible for checking this website for any future addenda or proposal information prior to the proposal closing date.

3.3. Submission of the Proposal: Delivered via Email; Proof of transmission does not constitute proof of receipt.

Bidder shall submit to uwmbids@uwm.edu. Such email (and all proposal documents) must be received prior to the due date set forth on the cover sheet of this proposal. The subject line of proposer’s submission must contain the following: “Response” followed by “Proposal #D21-009-O. UWM will not accept responsibility for any network or power outages that may occur during the transmission of bids. Electronic or digital signatures are acceptable, but subject to verification.

Revenue Proposal (Exhibit A) must be included as a separate pdf or Word attachment

A public RFP opening will be held via Teams meeting on November 9, 2020 at 1:00 PM. Call in information is as follows: Teleconference phone number 1-414-253-8850 and Conference ID 737 926 734#. The names of the bidders may be read aloud at Bid opening. Records will be available for public inspection after award of the contract. Bidder should contact the Purchasing Agent named on the Bid Cover Sheet for an appointment to view the Bid record.

3.4. Amending a Proposal: A Proposer desiring to amend its Proposal before the RFP due date may do so by filing an amended Proposal at the email/physical address set forth in Section 2.3. All conditions and provisions of the original Proposal will be in effect.

3.5. Withdrawal of Proposal: Withdrawal of a Proposal, must be in writing, at any time up to the Proposal closing date and time. To accomplish this, the written request must be signed by an authorized representative of the Proposer. If a previously submitted Proposal is withdrawn before the Proposal due date and time, the Proposer may submit another Proposal at any time up to the Proposal closing date and time.

3.6. Reasonable Accommodations: UWM will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations at a proposal opening/vendor conference, contact the RFP Manager set for herein at uwmbids@uwm.edu.

3.7. VendorNet: The State’s Vendor Notification System recently changed from VendorNet to eSupplier. UW agencies still use VendorNet to post information regarding solicitations, which is accessible to vendors. 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/. There is also a link to the esupplier portal within Vendornet.

3.8. MBE Participation: With this procurement, the Proposer is encouraged to purchase services and supplies from Minority Business Enterprises (MBEs) that are certified by the State of Wisconsin, Department of Commerce, Bureau of Minority Business Development. UWM may require the Service Provider to meet with the University to identify MBE Subcontractors for the provision of services for this Contract. A list of Certified MBEs and the services and commodities that they provide is available from the RFP Manager. The list is also published on the internet at: http://www.doa.state.wi.us/mbe/minority_search.asp?locid=0 For more information, call (608) 267-3293.

3.9. Proposal Organization and Format: Proposals must be organized and presented in the order set forth below:

Signed RFP Cover Sheet (Optional) Any exceptions to contract terms and conditions

Response to RFP – Mandatory requirements Organizational Capabilities Quality of Services/References Technical Requirements

Separate Email Attachment Revenue Proposal

Total points of proposers may be weighted by 105% to allow for a 5% preference to a certified minority business enterprise under s. 16.75(3m), Wis. Stats.

4. PROPOSAL SELECTION AND AWARD PROCESS

4.1. Evaluation: The evaluation and selection of a Proposer and the contract will be based on the information submitted in Proposer’s Proposal, including references UWM collects, and any required on‑site visits or verbal interviews. Proposers should create a narrative response to each of the evaluation criteria listed in Section 4.4. Provide as much detail, as you believe is necessary to demonstrate that you can meet, and possibly exceed, the requirements and qualifications which have been outlined in this document.

The Proposals will be reviewed initially to determine if the mandatory requirements are met. Mandatory Requirements are noted on the cover page of the RFP. Failure to meet the Mandatory Requirements will result in rejection of the Proposal. If all Proposers do not meet one or more of the Mandatory Requirements, UWM 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.

4.2. Proposal Scoring: Accepted Proposals will be reviewed by an Evaluation Committee (“Committee”), consisting of members who have been selected because of their professional expertise and knowledge of the service(s) that are the subject of this RFP. Proposers may not contact members of the Committee except at the RFP Manager’s specific direction.

The Committee will score all accepted Proposals against the criteria stated herein. Proposals from Certified Minority Business Enterprises (“MBE”) 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 (Wis. Stats. 16.75(3m). The Committee's scoring will be tabulated, and Proposals ranked based on the numerical scores received.

4.3. Revenue Proposal Scoring: The Purchasing Agent will score the revenue proposals. Revenue points will be calculated, using a formula taking into consideration the percent of revenue earned on product and costs for hauling. The result of this formula will determine the proposer with the highest revenue, which will be awarded the allotted 300 points for revenue. All other Proposers will receive points based on a ratio of their total calculated revenue, based upon the formula, against the highest revenue proposal.

4.4. Evaluation Criteria: The Proposals will be scored using the following criteria:

234 points

4.5. Verbal Presentation/Interview of Top Scoring Proposers: Top scoring Proposers based on an evaluation of the written Proposal may be required to participate in an oral presentation/interview/demonstration to support and clarify their Proposals, if requested at no cost to UWM. UWM will make every reasonable attempt to schedule each presentation at a time and location that is agreeable to the Proposer. Failure of a Proposer to participate on the date scheduled may result in rejection of the Proposer's Proposal.

4.6. Award and Best and Final Offers (BAFO): UWM will compile the final scores for each Proposal. The Award will be granted in one of two ways. The Award may be granted to the highest scoring responsive and responsible Proposer. Alternatively, the highest scoring proposer or proposers may be requested to submit final and best offers in order to further clarify the deliverables, contract language, or costs presented in the Proposer’s RFP. If final and best offers are requested, they will be evaluated against the stated criteria, scored and ranked by the evaluation committee. All respondents will be treated equally, and no information will be transmitted from one respondent about the other respondent’s offer during the process. UWM reserves the right to apply additional criteria not listed in the original RFP to the BAFO process, but any additional criteria will be disclosed to Proposers in the BAFO request. The award then will be granted to the highest scoring proposer. However, a proposer should not expect that the State will request a final and best offer.

4.7. Right to Reject Proposals and Negotiate Contract Terms: UWM reserves the right, in its sole discretion, to reject all Proposals for any reason. UWM may negotiate the terms of the Contract, including the Award amount, with the selected Proposer prior to entering into a Contract. If Contract negotiations cannot be concluded successfully with the highest scoring Proposer, the agency may negotiate a Contract with the next highest scoring Proposer.

4.8. Reference Checks References may be contacted to confirm the Vendor’s abilities and qualifications as stated in the Vendor’s response. UWM reserves the right to disqualify any Bidder whose references don’t support their stated claim of qualifications in their response. UWM reserves the right to contact or visit any party not listed as a reference that has previously used or is presently using similar products or services. UWM also reserves the right to use other sources to obtain or verify information about the proposed products and services.

4.9. Notification of Intent to Award: All Proposers who respond to this RFP will be notified in writing of UWM’s intent to award the Contract as a result of this RFP.

After the Award is made, and Final Contract is signed by UWM and awarded vendor, records may be available for public inspection. Copies of proposals will be available for public inspection, in whole, except for any and all materials deemed to be confidential and proprietary information.

Proposers must schedule reviews with the RFP Manager prior to inspecting accepted Proposals.

4.10. Appeals Process: Notices of intent to protest and protests must be made in writing to the head procuring agency. Protestors should make their protests as specific as possible and should identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated.

Any written notice of intent to protest the intent to award a contract must be filed with and received by Tom Scrivener no later than five (5) working days after the notices of intent to award are issued. Any written protest must be received within ten (10) working days after the notice of intent to award is issued.

Milwaukee, WI 53211 scrivene@uwm.edu

The decision of the head of the procuring agency may be appealed to the Secretary of the Department of Administration within five (5) working days of issuance, with a copy of such appeal filed with the procuring agency. The appeal must allege a violation of a Wisconsin statute or a section of the Wisconsin Administrative Code.

4.11. Proprietary Information: Any information contained in the proposer’s response that is proprietary must be detailed separately on form DOA-3027 and submitted as set forth on the Proposal Cover Sheet. Marking of the response as proprietary will neither be accepted nor honored. UWM 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. 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.

5. SUPPLEMENTAL STANDARD TERMS AND CONDITIONS FOR PROCUREMENTS FOR SERVICE

5.1. Entire Contract: The contract will be awarded to the successful Proposer based on the criteria established in this RFP, including attachments and any amendments issued. The RFP, the Bidder’s response, and any written communications incorporated into the contract constitute the entire contract between the parties, and shall supersede (and merge at the discretion of WUWM) all prior proposals, understanding, and all other agreements, oral and /or written, between the parties related to that subject matter. The order of priority in interpreting the contract shall be as follows: (1) The Contract (2) Any WUWM issued purchase order (3) This RFP document, including any amendments/attachments; and (4) the Successful Proposer’s response to RFP.

Any exception to UWM’s Contract Terms and Conditions, or any contract terms or conditions proposed by the Proposer must be provided in the Proposal response. Specific objections or additions must be listed. It is insufficient for the Proposer to cite to a document or incorporate a document by reference. Any Contract terms and conditions provided by the Bidder, including but not limited to click-on/click-through agreements; shrink wrapped agreements; or terms submitted with bid, order acknowledgements, or invoices; shall be considered null and void and will not be enforceable by the Successful Bidder unless agreed to in a written amendment signed by UWM’s Purchasing Office.

Under no circumstances will UWM sign Proposer’s contract or document. Any contract term or condition not set forth in the Proposer’s Response will not be negotiated or accepted. Even if an exception is set forth in Proposer’s Response, acceptance of the exception will be at the sole discretion of UWM

No price changes will be accepted throughout the term of the contract unless mutually agreed upon by UWM and Vendor in writing.

5.2. Unfair Sales Tax: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act

5.3. 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.

5.4. Applicable Law and Compliance: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at 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.

5.5. Assignment: Neither party shall assign any of its rights, duties, or obligations under this Agreement without the express written consent of the non-assigning party, which consent shall not be unreasonably withheld, conditioned or delayed. Proposer shall not subcontract any of the Services to be provided under this Agreement without the prior written approval of the General Manager of WUWM.

5.6. Nondiscrimination/Affirmative Action: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities.

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

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

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.

5.7. Insurance Requirements: The contractor performing services for the State of Wisconsin shall: Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work, naming the Board of Regents of the University of Wisconsin System to be an additional insured. The State reserves the right to require higher or lower limits where warranted.

Commercial General Liability

Automobile Liability Combined single limit $1 million Excess/Umbrella Liability

Insurance as detailed above is required to be in effect during the entire term of this contract. Contractor must provide proof of such coverage no less than 10 days prior to signing of Contract.

5.8. 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.