RFP-UWO Bookstore POS and Inventory System JJC-22-266A.pdf

University of Wisconsin-Oshkosh

REQUEST FOR PROPOSAL

THIS IS NOT AN ORDER

AGENT Jesse Crain

Questions regarding this bid – see Section 3.1

For Submittal of Bid Instructions – see Section 1

PROPOSAL NUMBER: JJC-22-266A

ISSUE DATE: January 7, 2022

DUE DATE: January 24, 2021

If NO BID (check here) and return.

Proposal prices and terms shall be firm for sixty (60) days from the date of bid opening, unless otherwise specified in this Request for Proposal by the University. 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.

Bookstore POS and Inventory Software

In signing this proposal, we have read and fully understand and agree to all terms, conditions and specifications and acknowledge that the University Procurement proposal document on file shall be the controlling document for any resulting contract. We certify that we have not, either directly or indirectly, entered into any contract or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a 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 stated statement is accurate under penalty of perjury. I certify that the information I have provided in this proposal is true and I understand that any false, misleading or missing information may disqualify the proposal.

By submitting a proposal, the bidder 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 such proposer and another person or firm that constitutes a Conflict of Interest. Further, proposer certifies that no employee of the University whose duties relate to this request for proposal assisted the proposer in preparing the proposal in any way other than in his or her official capacity and scope of employment.

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

COMPANY NAME:

COMPANY STREET ADDRESS:

COMPANY CITY, STATE & ZIP:

SIGNATURE: DATE :

TYPE OR PRINT NAME:

TITLE:

TELEPHONE NUMBER: ( ) FAX NUMBER: ( )

EMAIL ADDRESS:

FEIN NUMBER: DUNS #:

Contents

1 GENERAL INFORMATION

1.1 Purpose

1.2 Scope

1.3 Organization of these Solicitation Documents

1.4 Definitions

1.5 E-Supplier Registration

1.6 Parking

1.7 Discriminatory Boycotts of Israel

1.8 Reasonable Accommodations

2 PREPARING AND SUBMITTING A PROPOSAL

2.1 Applicable Dates

2.2 Submittal Instructions

2.3 Incurring Costs

2.4 Oral Presentations, Product Demonstrations, and Proposer Location Site Visits (Pre-Award)

2.5 Clarifications and/or Revisions through Designated Contact

2.6 Multiple Proposals

2.7 Proprietary Information

2.8 Appeals Process

3 TERMS AND CONDITIONS OF CONTRACT

3.1 Entire Contract

3.2 RFP Manager and Contract Administrator

3.3 Term of Contract

3.4 Contract Termination

3.5 Orders

3.6 Firm Prices

3.7 Payment Terms

3.8 Invoicing Requirements

3.9 F.O.B

3.10 Requirements for Criminal Background Checks

3.11 Travel Per Diems

3.12 Acceptance and Testing (Post Award)

3.13 Insurance

3.14 Activity Reports

3.15 Record and Audit

3.16 Performance Meetings

3.17 Subcontracting

3.18 Fair Price Analysis

3.19 Severability

3.20 Environmentally Friendly (Green) Products

3.21 Supplier Diversity

3.21.1 Minority Business Enterprise Program (MBE)

3.21.2 Woman Owned Business (WBE)

3.21.3 Disabiled Veteran Owned Business (DVB)

3.21.4 Veteran Owned Business (VB)

3.22 Debarment

3.23 Electronic Commerce / Online Ordering

3.24 Promotional Materials / Endorsements

3.25 Additional Items / Services

4 REQUIREMENTS AND SPECIFICATIONS

4.1 Purchased Services – USA Requirement

5 EVALUATION AND AWARD OF CONTRACTS

5.1 Proposal Scoring

5.2 Scoring Criteria and Method

5.3 Best and Final Offers

5.4 Contract Award

5.5 Notification of Award

6 ATTACHMENT A – COST PROPOSAL FORM

7 ATTACHMENT B – VENDOR INFORMATION FORM

8 ATTACHMENT C – CLIENT REFERENCE LIST

9 ATTACHMENT D – STANDARD TERMS AND CONDITIONS

10 PCI COMPLIANCE ADDENDUM……………………………………………………………………………………………….25

1 GENERAL INFORMATION

1.1 Purpose

The University of Wisconsin-Oshkosh, hereinafter referred to as the "University", through its Purchasing Services Department, hereinafter referred to as "Purchasing," on behalf of the University Bookstore and More hereinafter referred to as "Bookstore," requests proposals for the purchase of Bookstore POS and Inventory Software.

See Requirements and Specifications (Section 4) and/or Cost Proposal Form (Attachment B) for the minimum acceptable specifications for items/services desired. The estimated item quantities identified on the Cost Proposal Form are for proposal purposes only. The University does not guarantee to purchase any specific quantity or dollar amount. This contract must not be construed as mandatory upon any University campus, State agency or municipality. The University reserves the right to issue separate proposals when deemed in the best interest of the University.

The University reserves the right to negotiate with any contracted vendor(s) to establish additional discounts and/or lower prices for products determined to meet the requirements of a University-led initiative to set product standards. Contractor vendor(s) maybe asked to provide new, lower prices for these standard products and configurations for a limited, fixed term, to fall within the term of the contract resulting from this Request for Bid/Request for Proposal.

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

1.2 Scope

Founded in 1871, University of Wisconsin Oshkosh is a regional public institution of higher education comprised of three campuses, and one of 11 comprehensive universities in the University of Wisconsin System. With campuses in Oshkosh, Fond du Lac and Menasha, UW Oshkosh serves more than 14,000 students and offers more than 110 certificate, associate, baccalaureate, master’s and doctorate degree programs in both traditional classroom and online settings. UW Oshkosh is a research-enhanced, comprehensive university that serves as the educational, cultural and economic engine for 1.2 million citizens in the region. Learn more about us: Oshkosh campus, Fond du Lac campus and Menasha campus.

See Specifications (Section 6 and Attachment B) and/or Itemized Bid List (Attachment C) for the minimum acceptable specifications for items/services desired. The estimated item quantities identified on the Itemized Bid List are for bid purposes only. The University does not guarantee to purchase any specific quantity or dollar amount. This Contract must not be construed as mandatory upon any University campus, State agency or municipality. The University reserves the right to issue separate bids when deemed in the best interest of the University.

1.3 Organization of these Solicitation Documents

This document is divided into nine (9) main sections. The sections also refer to “Attachments” when such organization assists in making this document more fluid. The nine (9) main sections are:

• Section 1 – General Information (generally states the intent of the solicitation and submittal instructions).

• Section 2 – Preparing and Submitting a Proposal.

• Section 3 – Terms and Conditions of Contract (contains performance clauses that will become part of any awarded contract).

• Section 4 – Requirements and Specifications (technical and other specifications for the proposal).

• Section 5 – Evaluation and Award of Contract(s) (contains details of the evaluation process).

• Appendix A-SPEC SHEET-POS and Inventory

• Appendix B-State of Wisconsin Standard Terms and Conditions (DOA-3054A)

• Appendix C-Supplemental Standard Terms and Conditions for Procurements of Services (DOA-3681)

• PCI Compliance Addendum

• Appendix D-University of Wisconsin Oshkosh Payment Card Procedure.

1.4 Definitions

The following definitions are used throughout this document:

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

• Proposal means Request for Proposal.

• Proposer means a firm submitting a bid in response to this Request for Proposal.

• Contractor means successful Proposer awarded the contract.

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

• Department means University Bookstore and More.

• DVB means Disabled Veteran-Owned Business.

• GSA means General Services Administration.

• MBE means Minority Business Enterprise.

• Procurement means the Procurement Office in the Division of Finance and Administration responsible for the procurement of goods and services on UW Oshkosh campus, located at 800 Algoma Blvd, Oshkosh, WI 54913

• RFP means Request for Proposal.

• State means State of Wisconsin.

• University and UW both mean University of Wisconsin - Oshkosh

• University Imports: When the University is the Importer of Record or has responsibilities for paying Custom Charges/Fees for products purchased directly from a foreign country.

• WBE means Woman-Owned Business Enterprise.

1.5 E-Supplier Registration

Registration on the State of Wisconsin’s Wisconsin Vendornet Portal is available free of charge to all businesses and organizations that want to sell to the state or University system. Only vendors who are registered in Wisconsin’s Vendornet Portal are guaranteed to receive notice of State of Wisconsin solicitation opportunities in their commodity or service area. To register with Wisconsin Vendornet Portal navigate to: https://vendornet.wi.gov/Home.aspx. Registration allows a vendor to:

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

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

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

1.6 Parking

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UW Transportation Services at 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.

1.7 Discriminatory Boycotts of Israel

Effective October 27, 2017, consistent with 2017 Wisconsin Executive Order 261, contractor agrees it is not engaged in a boycott of the State of Israel and further, contractor will not during the term of the contract engage in a boycott of the State of Israel. State https://vendornet.wi.gov/Home.aspx agencies may not execute a contract and reserve the right to terminate an existing contract with a business entity that is not compliant with this provision. This provision applies to all contracts of all values.

1.8 Reasonable Accommodations

The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request.

2 PREPARING AND SUBMITTING A PROPOSAL

2.1 Applicable Dates

Date

January 7, 2022

January 14, 2022

January 24, 2022

TBD

Event

Date of Issue of the RFP

Written questions due

RFP Due Date (CST/CDT)

Contract Term Begins

2.2 Submittal Instructions

PROPOSALS MUST BE EMAILED TO: Jesse Crain

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

Submitting a proposal in any manner other than to fm-bids@uwosh.edu does not constitute receipt of a valid proposal by

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

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

RETAIN A COPY OF YOUR PROPOSAL RESPONSE FOR YOUR FILES

2.3 Incurring Costs

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

2.4 Oral Presentations, Product Demonstrations, and Proposer Location Site Visits (Pre-Award)

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

2.5 Clarifications and/or Revisions through Designated Contact

All communications and/or questions in regard to this request must be in writing and must reference the bid number. Proposers are required to e-mail written questions to the Agent.

mailto:fm-bids@uwosh.edu

If a Proposer discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this RFP, they have five

(5) business days after the RFP issue date and time or after the scheduled Proposer Conference, to notify, in writing, the Agent at the address shown below of such error and request modification or clarification of the RFP document.

ADMINISTRATIVE:

Jesse Crain UW Oshkosh Purchasing

800 Algoma Blvd, Dempsey 236 Oshkosh, WI 54901

E-mail: fm-bids@uwosh.edu

PHONE 920.424.0317

TECHNICAL:

Victor Alatorre E-mail: alatorrev@uwosh.edu

PHONE 920.424.3025

If a Proposer fails to notify the Procurement Office of an error in the RFP document which is known to the proposer, or which should 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 delivery or installation time by reason of the error or its later correction.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFP, supplements or revisions will be posted on http://vendornet.state.wi.us Any contact with University employees concerning this RFP are prohibited, except as authorized by the Agent during the period from date of release of the RFP the intent to award is released. Contacting anyone other than the Designated Contact(s) above may disqualify your proposal.

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. If multiple responses are submitted, the University reserves the right to select the most advantageous proposal to the University.

2.7 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

2.8 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:

Director of Purchasing University of Wisconsin-Oshkosh

801 Algoma Blvd Oshkosh, WI 54901 with a copy to:

Vice Chancellor-Finance and Administration

University of Wisconsin-Oshkosh 801 Algoma Blvd

Oshkosh, WI 54901 http://vendornet.state.wi.us/ http://vendornet.state.wi.us/vendornet/doaforms/doa-3027.doc

The complete protest must be received by the Director of Purchasing and the Vice Chancellor of Finance and Administration no later than ten (10) 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 University of Wisconsin, Director of Procurement, within five working days after denial by the University, with a copy of such appeal filed with the University.

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 JJC-22-266A, dated January 7, 2022 including signed 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 Contractor 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. (Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the proposal response as an attachment.

Each deviation and exception must be identified by the section, page and paragraph to which it applies. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidder/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 RFP Manager and Contract Administrator

Any correspondence must include reference to RFP JJC-22-266a and be sent to the RFP Manager during the solicitation. The Contract Administrator is authorized to give the approvals required and/or issue amendments or addendums under this contract on behalf of the University.

A. The RFP Manager for the University is:

Jesse Crain Director of Purchasing University of Wisconsin-Oshkosh 800 Algoma Blvd Oshkosh, WI 54901 920.424.0371 crainj@uwosh.edu

B. The Contract Administrator for the University is:

Thomas Wolf Director-University Books and More University of Wisconsin-Oshkosh

748 Algoma Blvd Oshkosh, WI 54901 wolft@uwosh.edu

C. Day-to-day operations for the University will be handled by:

Nikki Stoll Assistant Director and Course Materials Manager-University Books and More University of Wisconsin-Oshkosh 748 Algoma Blvd Oshkosh, WI 54901 stolln@uwosh.edu

3.3 Term of Contract

It is the intent of the University to start the resulting Contract upon successful negotiations. The contract shall be effective on the contract execution date and shall run for three (3) years from that date, with an option to renew for two (2) additional one (1) year periods.

This contract shall automatically be extended into its fourth and fifth years unless the Contract Administrator is notified in writing by the Contractor; or the Contractor is notified by the Contract Administrator in writing 180 calendar days prior to expiration of the initial and/or succeeding contract term(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 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 21 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 any of the Terms, Conditions or Specifications.

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

3.4.4 Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in Standard Terms and Conditions, Section 22.0, the University has the right to cancel and terminate the Contract without notice.

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

3.4.6 All notices of performance failure must be submitted in writing to Director or Purchasing, University of Wisconsin-Oshkosh, 800 Algoma Blvd, Oshkosh, WI 54901. Procurement shall be final authority for all performance failure determinations not resolved through the Bookstore and More.

3.5 Orders

Under this contract, specific order(s), contract blanket order(s), or Purchasing Card order(s) may be issued to the Contractor(s):

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

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

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

3.6 Firm Prices

Prices must remain firm for the initial contract term. 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 180 calendar days prior to the beginning of the next contract term 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 shall 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 Procurement 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 Colleges and Extension. The University will pay the Contractor Net 30 days as accepted by the University.

3.8 Invoicing Requirements

3.8.1 Invoices for Purchase Orders:

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

The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt by University Accounts Payable.

Before payment is made, it also must verify that all invoiced charges are correct as per this Contract. Only properly submitted invoices will be officially processed for payment. Prompt payment requires that your invoices be clear and complete in conformity with the instructions below. All invoices 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 Procurement, invoices not reflecting the correct discount or net prices may be short paid or disputed. The original invoice must be sent to accountspayable@uwosh.edu

3.8.2 Purchasing Card:

Order confirmation shall contain the same detail as listed in Section 3.8.1 and should be sent to the address given at the time of the order is placed. Any fees charged for use of the University’s purchasing card program are not allowed.

3.9 F.O.B.

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

Delivery will be made by common carrier or Contractor’s truck, with unloading to be performed by the carrier/contractor and carton(s) transported to the interior/ground floor or inside dock at the University of Wisconsin-Oshkosh Proposal prices must include all packing, freight, insurance charges and installation/operation manuals, excluding any import/export costs.

If bidding other than F.O.B. Destination, as stated, F.O.B. point and shipping charges must be identified on the Cost Proposal form.

This additional cost will be added to the proposal total and will serve as the basis for determining the award.

Indicate on the Cost Proposal Form the Country of Origin and Shipping Point.

For University Imports: See Section 3.10 Failure to bid FOB DESTINATION delivery charges and risk of loss borne by the Contractor in proposal price or discount may disqualify your proposal.

On Site Service

In carrying out the scope of this Contract, the Contractor shall be required to perform services on University property. Proposer’s cost must include all transportation charges.

3.10 Requirements for Criminal Background Checks

Background Checks of Contracted Individuals:

This contract is contingent upon, prior to the commencement of services, the independent Contractor passing a criminal background check performed by the Criminal Background Check Coordinator of the unit for which the individual will be engaging in activities or rendering services. This background check will evaluate whether the individual has any pending charges or convictions that are substantially related to the contracted-for activities or services, including but not limited to, those that would render the worker unsuitable for regular contact with children. Disqualifying convictions or charges include, but are not limited to, sexual offenses, violent offenses, and drug offenses.

If, in the course of providing services to the UW, Contractor (or its employee) observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the Contractor (or its employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, Contractor must make a report of that abuse or neglect to law enforcement or to a county social service agency as provided in UW’s Policy on Mandatory Reporting of Child Abuse and Neglect (“the Policy”). If the suspected child abuse or neglect involves an allegation against a UW employee or agent (e.g. student, volunteer, contractor, etc.), or the incident or threat of child abuse or neglect occurred on the UW campus or during a UW-sponsored, the Contractor shall also report to the UW Police Department or UW’s Office for Equity and Diversity.

Background Checks of Contractors:

This contract is contingent upon, Contractor supplying workers who have passed a criminal background check that includes a national criminal background check database demonstrating the worker has no convictions or pending criminal charges that are substantially related to the contracted-for activities or services, including but not limited to, those that would render the worker unsuitable for regular contact with children. Disqualifying convictions or charges include, but are not limited to, sexual offenses, violent offenses, and drug offenses.

If, in the course of providing services to the UW, Contractor (or its employee) observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the Contractor (or its employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, Contractor must make a report of that abuse or neglect to law enforcement or to a county social service agency as provided in UW’s Policy on Mandatory Reporting of Child Abuse and Neglect (“the Policy”). If the suspected child abuse or neglect involves an allegation against a UW employee or agent (e.g. student, volunteer, Contractor, etc.), or the incident or threat of child abuse or neglect occurred on the UW campus or during a UW-sponsored activity, the Contractor shall also report to the UW Police Department or UW’s Office for Equity and Diversity.

3.11 Travel Per Diems

All of the Contractor’s travel and per diem expenses shall be the Contractor’s sole responsibility. Payment to the Contractor by the University shall not include an additional amount for this purpose.

3.12 Acceptance and Testing (Post Award)

Acceptance testing will occur within 45 days after the item/service has been installed. Acceptance testing will be performed by the University and will consist of verification of the specifications and performance requirements.

If the item/service does not meet specification or performance requirements, the Contractor will have 14 calendar days to meet requirements. If after this time period the item/service still does not meet specifications or performance requirements, the Contractor agrees to remove the item and return any payments that may have been made.

The Director of University Bookstore and More, or his/her designee, is the only authorized person who can sign an acceptance form.

The warranty period will begin following the successful acceptance testing.

3.13 Insurance

The Contractor shall maintain insurance levels as required in Standard Terms and Conditions, Section 22.0. A certificate of insurance must be provided upon request and 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 Administration or System campus for their respective purchases.

3.14 Activity Reports

Contractor should be able to report on an quarterly 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

3.15 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.

3.16 Performance Meetings

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

3.17 Subcontracting

3.19.1 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.

3.19.2 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.

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

3.18 Fair Price Analysis

Purchases made under this contract may require further fair price analysis. The awarded Proposer will be required to provide documentation (i.e. published price list, list of previous buyers, etc.) to allow the University to complete this analysis.

3.19 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.

3.20 Environmentally Friendly (Green) Products

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

3.21 Supplier Diversity

3.21.1 Minority Business Enterprise Program (MBE)

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

The State of Wisconsin policy provides that Wisconsin Certified minority-owned business enterprises should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority-owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises.

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

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

3.21.2 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.

3.21.3 Disabiled 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.

3.21.4 Veteran Owned Business (VB)

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

(WDVA 1037).

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

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.

3.24 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.

3.25 Additional Items / Services

Similar items/services may be added to this Contract provided it was mutually agreeable to both Purchasing Services and the Contractor. Scope of work and pricing (including discounts) must be consistent with the current contract items/services.

https://wisdp.wi.gov/search.aspx https://www.sam.gov/portal/public/SAM/ https://acquisition.gov/far/index.html

4 REQUIREMENTS AND SPECIFICATIONS

4.1 Purchased Services – USA Requirement

The State of Wisconsin requires purchased contractual services to be performed in the United States. Some exceptions apply, including procurements subject to the conditions of the World Trade Organization Government Procurement Agreement (WTOGPA) and those listed in (Wis. Stats. 16.705 (1r). Subject to these exceptions, Contractor warrants that the services provided to the University under this contract will be performed in the United States. The inability to perform required services in the United States shall be grounds for disqualifying your proposal for this contract.

4.2 Proposer must: 1) indicate agreement on each mandatory requirement and, if requested, describe how the specifications will be met and/or provide additional information located in Appendix A, 2) complete any required form(s) and 3) provide a complete and detailed response to any non-mandatory requirement that can be fulfilled. If supplemental materials will be provided, clearly mark all supplements with the corresponding section number located in Appendix A.

5 EVALUATION AND AWARD OF CONTRACTS

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. 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.

Pricing

5.2.1 The lowest priced proposal will receive 100% of the allotted cost points. All other proposals will be scored using the formula as follows:

(Lowest Cost Proposal/Supplier’s Cost Proposal) * Maximum amount of Points for Cost

Calculation of points awarded to subsequent proposals will use the lowest dollar proposal amount as a constant numerator and the dollar amount of the firm being scored 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.

5.2.2 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. All mandatory and Graded Questions and your responses are located in Attachment A-POS and Inventory Spreadsheet, and included with your submission

1. Functionality and Fit for Use: 300 Pts

2. Ecommerce Functionality and Fit for Use 250 Pts

3. Technical Compliance and Implementation 250 Pts

4. Costs Proposals 200 Pts

Totals 1,000 Pts

Only proposals that have received in total 500 points or greater on the Functionality, Ecommerce and Technical Compliance questions will have the Cost Proposals scored. A proposal that receives less than 300 points on Functionality, Ecommerce and Technical Compliance sections will be ineligible for further consideration.

5.3 Best and Final Offers

At the sole discretion of the University, those proposer(s) most likely to be awarded a contract may be requested to submit a Best and Final Offer in order to further clarify the deliverables, contract language, or costs presented in the Proposer’s RFP. If Best and Final Offers are requested, they will be evaluated against the stated criteria. There is no obligation on the part of the University to request Best and Final Offers from any or all of the Proposers responding to the RFP.

5.4 Contract Award

The contract will be awarded to the highest scoring Proposer providing contract negotiations are successful.

5.5 Notification of Award

All proposers who respond to this RFP will be notified in writing of the University's award of contract(s) as a result of this RFP. After notification by Purchasing of the (intent to award,) (notice of award,) [AGENT: CHOOSE ONE] file copies of proposals will be available for public inspection. Proposers must schedule document inspection with the Contract Administrator responsible for managing this

RFP.

6 ATTACHMENT A – COST PROPOSAL FORM

7 ATTACHMENT B – VENDOR INFORMATION FORM

VENDOR NOTE: BOTH PAGES OF THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR RESPONSE.

1. Company and Contact Information

Company Name:

Company Website

Contact for questions regarding this Bid

Name:

Telephone: Email

Contract Renewals / Problems

Name:

Telephone: Email

Sales Representative

Name:

Telephone: Email

Ordering / Expediting

Name:

Telephone: Email

Returns

Name:

Telephone: Email

Invoice Information

Telephone: Email

Affirmative Action (see Section 17 in Standard Terms and Conditions) http://www.bussvc.wisc.edu/purch/stdterms1.html

Supplier Diversity Reporting (see Section 2.9)

Address:

City/State/Zip:

Telephone: Email

VENDOR INFORMATION FORM CONT.

2. In accordance with Wisconsin Statutes 560.035, 560.0335 and 560.036, indicate below if you are a Wisconsin certified Minority Business Enterprise (MBE), Work Center (WC), Disabled Veteran-Owned Business (DVB) or Woman-owned Business Enterprise (WBE) (see websites:

https://wisdp.wi.gov/Home.aspx or http://stateuseprogram.wi.gov/section.asp?linkid=1424&locid=65).

____ Minority (MBE) ____ Work Center (WC) ____Disabled Veteran-Owned Business (DVB)

____ Woman Owned Business Enterprise (WBE) ___ Not applicable

(If no answer is indicated above, we will assume that you are none of the above when making the award.)

3. Pursuant to Public Law 95-507, indicate which of the following classifications apply to your organization.

All vendors are considered Large Business unless otherwise indicated (see website: www.sba.gov/). (Check

√ all that apply.)

____________ LARGE BUSINESS (LG)

____________ SMALL BUSINESS (SB)

____________ VETERAN OWNED SMALL BUSINESS (VOSB)

____________ SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB)

____________ HISTORICALLY UNDER UTILIZED BUSINESS ZONE (HUBZONE)

____________ SMALL DISADVANTAGED BUSINESS (SDB)

Name:

Address:

City/State/Zip:

Telephone: Email https://wisdp.wi.gov/Home.aspx http://stateuseprogram.wi.gov/section.asp?linkid=1424&locid=65 http://www.sba.gov/

____________ WOMAN-OWNED SMALL BUSINESS (WOSB)

4. AMERICAN MADE: Wisconsin Statutes 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.

“Substantially equal” means when bids are tied or proposal scores are equal. Indicate whether the material covered in your bid/proposal were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United

States.

____________ YES ____________ NO ____________ UNKNOWN

8 ATTACHMENT C – CLIENT REFERENCE LIST

1. Reference Name: ________________________________________ Contact: ___________________________

Address:

Phone #: E-mail Address:

Internet address:

Description and date(s) of commodities and services provided:

2. Reference Name: ________________________________________ Contact: ___________________________

Phone #: E-mail Address:

3. Reference Name: ________________________________________ Contact: ___________________________

Phone #: E-mail Address:

References may be contacted to confirm the Bidder’s abilities and qualifications as stated in the Bidder’s response. The University may perform due diligence by contacting any applicable business reference, including references from within the UW System. The University reserves the right to disqualify any Bidder whose references don’t support their stated claim of qualifications in their response.

9 ATTACHMENT D – STANDARD TERMS AND CONDITIONS

1.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired.