State of Wisconsin Wis. Statutes s.16.75

DOA-3070 (R08/2003)

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

AGENCY ADDRESS:

University of Wisconsin Platteville Purchasing Office /Lewis Bettinger 2201 Ullsvik Hall 1 University Plaza Platteville, WI 53818-3001

Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid

# LB-2735 Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified.

Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award. REQUEST FOR BID THIS IS NOT AN ORDER Bids MUST be in this office no later than

January 30, 2019 3:00 PM BIDDER (Name and Address)

Name (Contact for further information)

Lew Bettinger

Phone

(608) 342-1221

Date

Quote Price and Delivery FOB

Fax bids are accepted X Fax bids are not accepted

Item No.

Quantity and Unit

Description Price

Per Unit

Total

University of Wisconsin-Platteville is accepting bids for

Education Robots for the Industrial Studies Department

Fax Bids Will Not Be Accepted, Emailed bids are acceptable.

Payment Terms Delivery Time

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

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

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

Yes No Unknown

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

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

Name of Authorized Company Representative (Type or Print)

Title

Phone ( )

Fax ( )

Signature of Above

Date e-mail.

UNIVERSITY OF WISCONSIN PLATTEVILLE

REQUEST FOR BIDS (RFB) # LB-2735

FOR:

TABLE OF CONTENTS

1.0 INTRODUCTION AND PURPOSE

2.0 BID PROCEDURES AND INSTRUCIONS

3.0 BID ACCEPTANCE, EVALUATION AND AWARD

4.0 BIDDER REUIREMENTS

5.0 SPECIFICATIONS OF BID

6.0 REQUIRED FORMS

7.0 TERMS AND CONDITIONS

DEFINITIONS and ABBREVIATIONS:

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

ADA Americans with Disabilities AFF Above Finished Floor AGA American Gas Association Agency: Office, department, agency, institution of higher education, association, society or other body in State government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and courts, but not including an authority.

ARE American Society for Refrigeration Engineers ARO: After Receipt of Order ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers ASME American Society for Mechanical Engineers Authorized User Any state agency, University of Wisconsin campus, or other state or local public body authorized to use statewide contracts, as established in §§ 16.70 (1b), (1e), (2), (4) and (8),

16.73 and 66.0301 of the Wisconsin Statutes and § PRO-D-30 of the State Procurement

Manual.

Bid A price quotation specifically given to a prospective purchaser by a prospective seller; a bid is not an offer to sell.

Bidder: Person or firm submitting a bid in response to requests for bids.

Broker Someone who acts as an agent for others, as in negotiating contracts, purchases or sales in return for a fee or commission.

Business Days Monday through Friday, excluding State holidays.

CFM Cubic feet per minute CM Construction Manager Contractor: Person or entity providing equipment, materials, supplies, contractual services to a contracting agency of the State.

Contract Manager Designated Department of Corrections Purchasing staff personnel.

DCO Duplex Convenience Outlet DOA: Department of Administration has statutory authority [WI Stats. Chapter 16] to define, regulate and delegate all aspects of procurement of commodities and services for state agencies.

EC Electrical Contractor F.D. Floor Drain F O B Seller retains title and control of goods until they are delivered and the contract of carriage has been completed. The seller selects the carrier and is responsible for the risk of transportation. The seller is responsible for filing claims for loss or damage.

FURNISH Means to supply and deliver to the project ready for installation and in operable condition FSEC Food Service Equipment Contractor GC General Contractor HVAC Heating, Ventilation and Air Conditioning Contractor INSTALL Means to set in place, complete, secure, anchor and connect and in operable condition Lowest Person or firm submitting the competitive bid with the lowest price that meets the specifications

Responsible contained in the requests for bids. In establishing the lowest responsible bidder, all of

Bidder the following factors may be considered:

(a) The financial ability to provide the services required or to complete the contract;

(b) The skill, judgment, experience, and resources to complete the contract;

(c) The necessary facilities, staff, personnel, and equipment to complete the contract;

(d) The demonstrated ability to satisfactorily perform the work or provide the materials in a prompt, conscientious manner;

(e) The demonstrated ability to comply in situations where the award is contingent on special considerations subject to the nature of the services or contract required; and

(f) Any other factor determined to be relevant in assessing the bidder’s ability to supply are required. (Adm. 6.01 (9))

MBE: Minority Business Enterprise MC Mechanical Contractor MBTU One thousand British Thermal Units NEC National Electric Code (NFPA 70) NFPA National Fire Protection Association

NSF National Sanitation Foundation OSHA Occupational Safety and Health Administration PC Plumbing Contractor Procurement Process of obtaining goods, including all activities from the planning process, preparation of a requisition, through receipt and approval of the final invoice for payment.

PROVIDE Means to supply all necessary material, labor and equipment to furnish and install for final connection by appropriate trades

RFB: Request for Bid including all documents use for soliciting bids.

Specification Description of what the procuring agency requires and consequently, what a bidder must offer to be considered for an award. A specification may be a description of the physical or functional characteristics, or the nature of a supply. It may include a description of any requirement for inspecting, testing, or preparing a supply item for delivery, the necessary performance criteria, and a description of the procedures to be followed when submitting and evaluating bid.

S/S Stainless Steel State: State of Wisconsin, University of Wisconsin Platteville T.D. Temperature Differential UL Underwriters Laboratories University University of Wisconsin Platteville Vendor: Firm submitting a bid in response to this Request for Bid May: Discretionary Must: Requirement is mandatory Shall: Requirement is mandatory Should: Desired but not mandatory

1.0 INTRODUCTION AND PURPOSE:

1.1 PURPOSE OF THE REQUEST FOR BIDS:

The University of Wisconsin Platteville, through its Purchasing Services Department, intends to use this bid document to purchase multiple educational robots for the Industrial Studies Department.

1.2 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. If you think you need accommodations at a vendor conference, contact Lewis Bettinger at 608-342-1221 (voice) or bettingerl@uwplatt.edu.

1.3 OVERVIEW OF PROCURING AGENCY:

Founded in 1866, the University of Wisconsin-Platteville is located in Southwestern Wisconsin, approximately 30 miles from both the Iowa and Illinois borders. The university serves 7,500 undergraduate and graduate students in 41 majors, 66 minors and eight on-campus and online master's programs. UW-Platteville is a leader in science, technology, agriculture, and engineering fields, with unique initiatives in microsystems and nanotechnology, forensic investigation, and renewable energy.

1.4 METHOD OF AWARD:

The award will be based upon the low total from the lowest responsive, responsible bidder. Award of the bid will be based on lowest cost available from a vendor that meets the described specifications.

The University reserves the right to select alternate supply sources based on performance criteria.

Any and all service and/or handling fees must listed in the bid response. Any charges not listed in the bid response will not be accepted. The University reserves the right to reject any and all bids.

This agreement is subject to termination by the University upon failure to provide the equipment or service specified in this bid. This agreement may be modified at any time by mutual agreement of both parties.

1.5 TERMINATION AND CANCELLATION

1.5.1 TERMINATION FOR CAUSE

The University may terminate the Contract after providing the Contractor with 30 calendar days written notice of the Contractor’s right to cure a failure of the Contractor to perform under the terms of this Contract.

Upon the termination of the Contract for any reason, or upon Contract expiration, each party shall be released from all obligations to the other party arising after the date of termination or expiration, except for those that by their terms survive such termination or expiration.

1.5.2 TERMINATION FOR CONVENIENCE

The University may terminate the Contract at any time, without cause, by providing a written notice to the Contractor.

In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the University, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the University, the Contractor may be compensated for the actual service hours provided. The University shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the

Contractor.

1.5.3 TERMINATION FOR CHANGE IN LAW

This Contract may be terminated either by mutual agreement or at the discretion of the

University following any amendment to, or judicial interpretation of, Federal or State law that:

1.5.3.1 Renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary

1.5.3.2 Renders accomplishment of the Contract’s objectives impossible, patently unreasonable, or unnecessary.

1.5.4 CONTRACT CANCELLATION

The University reserves the right to cancel the Contract in whole or in part without penalty if the Contractor:

Breaches or defaults an obligation under the Contract as follows:

• Fails to perform any material obligation required under the Contract;

• Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity;

• Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice;

• Makes an assignment for the benefit of creditors;

• Fails to follow the sales and use tax certification requirements of s. 77.66 of the Wisconsin Statutes;

• Incurs a delinquent Wisconsin tax liability;

• Fails to submit a nondiscrimination or affirmative action plan as required herein;

• Fails to follow the nondiscrimination or affirmative action requirements of sub ch. II, Chapter 111 of the Wisconsin Statutes (Wisconsin’s Fair Employment Law);

• Becomes a federally debarred Contractor;

• Is excluded from federal procurement and non-procurement Contracts

• Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract;

• Fails to maintain the confidentiality of the State’s information that is considered to be

Confidential Information, proprietary, or containing Personally Identifiable

Information, or Contractor performance threatens the health or safety of a State or municipal employee.

1.6 VENDORNET REGISTRATION

Only vendors registered with the State of Wisconsin’s VendorNet will receive future official notice for this service/commodity. The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the University. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies, goods and services that the state buys, and tips on selling to the state. Vendors may use the same Web site address for inclusion on the bidders list for goods and services that the organization wants to sell to the state. A subscription with notification guarantees the organization will receive an e-mail message each time a state agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $50,000. Organizations without

Internet access receive paper copies in the mail. Increasingly, state agencies also are using

VendorNet to post simplified bids valued at $50,000 or less. Vendors also may receive e-mail notices of these simplified bid opportunities.

1.7 VENDOR AGREEMENTS/CONTRACTS

The University will not sign Vendor-supplied agreements/contracts. Agency Purchase Orders along with this document and any amendments to this document, listing all required and necessary items will serve as the only contract document.

1.8 ADDITIONAL INFORMATION

1.8.1 Indemnification: Contractor shall hold the State Harmless and shall indemnify the State and its agencies and employees against any and all claims, suits, action, liabilities and costs of any kind, including attorney’s fees, for personal injury or to property arising from the acts or omissions of the Contractor, its agents, officer, employees or subcontractors. Contractor shall not be liable for any injury or damage as a result of any negligent act or omission committed by the State.

1.8.2 Property Damage: Should university equipment or buildings be damaged as a result of sole negligence of the contractor during the installation and training the contractor will be responsible for repairing to the original condition or replacement. The university will have the final say on whether repair or replacement is acceptable.

1.8.3 Insurance Requirements: The contractor shall maintain insurance levels as required in

Standard Terms and Conditions, Section 23.0. A certificate of insurance must be provided prior to beginning work covered by any contract that results from this solicitation. A certificate is required, the contractor shall add “The Board of Regents of the University of Wisconsin System, its officers, employees and agents” as additional insured’s under the commercial general, automobile and contractor’s liability policies on any insurance certificate provided. In addition to the afore mentioned certificate, the contractor shall also provide a second certificate of insurance naming Developer and Owner with a separate certificate with protection for its officers, employees and agents as additional insured’s under the commercial general, automobile and contractor’s liability policies on any insurance certificate provided.

2.0 BID PROCEDURES AND INSTRUCTIONS:

2.1 METHOD OF BID:

Vendors must submit an original response of their bid by the deadline shown on the Request for Bid form to:

USPS ADDRESS

Lewis Bettinger/Purchasing

University of Wisconsin-Platteville

2201 Ullsvik Hall

Platteville, WI 53819-3099

Email: bettingerl@uwplatt.edu

Emailed responses are acceptable.

Bids must be received by the receptionist in the above office. All bids must be time-stamped in by the University’s Purchasing Office prior to the stated opening time. Bids not so stamped will be considered late. Receipt of a bid by the State mail system does not constitute receipt of a bid by the

University’s Purchasing Office, for purposes of this request for bids.

All mailed bids must be packaged, sealed, and show the following information on the outside of the package:

Vendor's Name and Address

Request for Bids Title

Request for Bids Number

Bid Due Date

2.2 CALENDAR OF EVENTS:

Listed below are important dates and times by which actions related to this Request for Bids (RFB) must be completed. In the event that the University finds it necessary to change any of these dates and times it will do so by issuing a supplement to this RFB.

DATE EVENT

January 3, 2020 Date of issue of the RFB.

January 15, 2020 Bid Questions Due

January 17, 2020 Answers to Questions Posted to Vendornet

January 30, 3:00 PM 2020 Bids due from vendors.

2.3 FORMAT OF BID:

mailto:bettingerl@uwplatt.edu mailto:bettingerl@uwplatt.edu

Vendors responding to this RFB must comply with the following format requirements:

a) SIGNED REQUEST FOR BID SHEET: Include the signed Request for Bid sheet included with the bid and those certifications required for submittal of a bid. Bids submitted in response to this RFB must be signed by the person in the vendor's organization who is responsible for the decision as to the prices being offered in the bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices.

By submitting a signed bid, the vendor's signatories certify that in connection with this procurement:

(a) the vendor's organization or an agent of the vendor's organization has arrived at the prices in its bid without consultation, communication or agreement with any other respondent or with any competitor for the purpose of restricting competition, (b) the prices quoted in the bid have not been knowingly disclosed by the vendor's organization or by any agent of the vendor's organization and will not be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor, and (c) no attempt has been made or will be made by the vendor's organization or by any agent of the vendor's organization to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

(b) State of Wisconsin Terms and Conditions: These standard terms and conditions shall govern this proposal and subsequent award. Vendors must accept these terms and conditions or submit point-by-point exceptions along with proposed alternative or additional language for each point, including any vendor contracts. Submission of any standard vendor contracts as a substitute for language in the terms and conditions is not a sufficient response to this requirement and may result in rejection of the vendor's proposal. The State reserves the right to negotiate contractual terms and conditions other than those in the State of Wisconsin Contract when it is in the best interest of the State to do so.

(c) ADDITIONAL INFORMATION: Include Attachment A, the completed Vendor Information

Sheet (DOA-3477), Vendor Reference Sheet (DOA-3478), Vendor Agreement (DOA-3333) and any other forms required in the bid. Include all additional information that will be essential to an understanding of the bid. This might include diagrams, excerpts from manuals, or other explanatory documentation that would clarify and/or substantiate the bid document.

(d) COST INFORMATION: Provide cost information on the Request for Bid sheet or the cost sheets (Attachment) included in this RFB. All costs for furnishing the product(s) and/or service(s) included in the bid in accordance with the terms and conditions in this RFB must be included.

2.4 INCURRING COSTS:

The University is not liable for any cost incurred by a vendor in the process of responding to this

RFB.

2.5 QUESTIONS:

Any questions concerning this RFB must be submitted in writing on or before January 15, 2020 to:

bettingerl@uwplatt.edu

Vendors are expected to raise any questions, exceptions, or additions they have concerning the

RFB document or the attached State of Wisconsin Contract at this point in the RFB process. If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the vendor should immediately notify the abovenamed individual of such error and request modification or clarification of the RFB document.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions will be posted on VendorNet.

From the date of release of this RFB, until a Letter of Intent is issued, all contacts with the University regarding this RFB shall be made through this purchasing department. Violation of this condition may be considered sufficient cause for rejection of a proposal, irrespective of any other considerations.

Each bid shall stipulate that it is predicated upon the terms and conditions of this RFB and any supplements or revisions thereof.

2.6 NEWS RELEASES: News releases pertaining to the RFB or to the acceptance, rejection, or evaluation of bids shall not be made without the prior written approval of the University.

3.0 BID ACCEPTANCE, EVALUATION AND AWARD:

3.1 BID ACCEPTANCE:

Bids which do not comply with instructions or are unable to comply with specifications contained in this RFB may be rejected by the University. The University may request reports on a vendor's financial stability and if financial stability is not substantiated may reject a vendor's bid. The

University retains the right to accept or reject any or all bids, or accept or reject any part of a bid deemed to be in the best interest of the University. The University shall be the sole judge as to compliance with the instructions contained in this RFB.

3.2 BID EVALUATION:

Bids will be evaluated by the Department's purchasing agent, and program manager to verify that they will meet all specified requirements in this RFB. This verification may include requesting reports on the vendor's financial stability, conducting demonstrations of the vendor's proposed products(s) and/or service(s), and reviewing results of past awards to the vendor by the State of

Wisconsin.

Bids from certified Minority Business Enterprises may be provided up to a five percent (5%) bid preference in accordance with Wis. Stats. s. 16.75(3m).

3.3 NOTIFICATION OF INTENT TO AWARD:

Any vendors who respond to this RFB, with a bid, will be notified in writing of the State's intent to award the contract(s) as a result of this RFB.

After notification of the intent to award is made, and under the supervision of agency staff, copies of bids will be available for public inspection 8:30 a.m. to 3:00 p.m. at 2201 Ullsvik Hall, 1 University

Plaza, Platteville WI 53818. Vendors should schedule reviews with Lew Bettinger at 608-342-1221 to ensure that space is available for the review.

4.0 BIDDER REQUIREMENTS:

All requirements in the specifications section are mandatory. If no single bidder is able to comply with a given specification, the University reserves the right to delete that specification of condition of the RFB.

Failure to meet a mandatory requirement will disqualify your bid. This RFB document, any amendments, addenda and the awarded bidder(s)’ response as accepter by the University shall become contract.

4.1 Bidder shall have been in business at least five years and have performed projects of similar scope.

Specific project references are to be provided by the bidder during the submittal phase. Final submittal approvals will be contingent upon favorable project references.

4.2 Maintain a permanent place of business.

4.3 Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer with service and repair capabilities for the item. Bidder shall be authorized to offer the manufacturers standard warranty on the equipment being bid.

5.0 SPECIFICATIONS OF BID

The specifications listed are not intended to be restrictive, but to indicate the design, materials, construction, workmanship and quality level desired. All exceptions or deviations from the specification must be noted on a separate sheet of paper with reference to the specifications and its exception or deviation. Exceptions or deviations which do not substantially alter the level of quality and or performance will be considered. The University shall be the sole judge of equivalency.

Please indicate in the table below that all specifications can be met. Any bid responses that cannot meet all required specifications will be disqualified.

Educational Robots Yes No

Fenceless mobile platform design with safety scanner cart.

Cart must fit through standard door height of 6’8” & width of 32”.

Standard Cart power: 110VAC single phase.

Must include integrated multi-purpose parallel gripper / vacuum cup

Vision system (e.g., Fanuc iRVision, Yaskawa MotoSight, ABB’s Integrated Vision, or better.)

Integrated 914mm (3ft) or longer electric conveyor platform.

Six axis industrial robot

Payload 6-9 kg (or better).

Repeatability [mm] ±0.04 (or better.) Horizontal reach 800mm [±100] (or better.) Vertical reach 1300mm [±100] or better.

Internal user I/O cable and pneumatic lines.

Online learning management system to be included with each cell.

One comprehensive trainer package must be included to allow the instructor to certify students upon course completion.

Each cart equipped with ability to offline program 3D simulation of cells via educational portable computer with touch screen, i5-8250U processor or better, UHD Graphics ≥ 8 GB memory, ≥ 256 GB solid state drive, full-size island-style backlit keyboard.

Must include software seats for 3D simulation of a fully functional production environment.

Robot controller to have direct cooling, system I/O: minimum 8 inputs 8 outputs, 10 Base T/100 Base TX, Ethernet, Safety rated emergency stop and safety rated gate inputs.

Functional safety included for position monitoring, speed limiting, tool monitoring.

Smart tablet type Teach Pendant with 254 mm 10” or ≥ GUI touchscreen, visible variables and I/O, 3-mode key switch, Emergency Stop switch, and USB input port

6.0 REQUIRED FORMS

One copy of each of the following forms must be completed and submitted with the bid in accordance with the instructions given in Section 2.3. Blank forms are attached.

Signed – Request for Bid Sheet

Attachment A

Vendor Information (DOA-3477)

Vendor Reference (DOA-3478)

Vendor Agreement (DOA-3333)

Designation of Confidential and Proprietary Information (DOA-3027)

Attachment A

Bidder will submit a price per robot including installation: $___________________

List any additional charges $___________________

Any charges not listed will not be accepted.

VENDOR INFORMATION

1. BIDDING / PROPOSING COMPANY NAME

FEIN

Phone ( ) Toll Free Phone ( )

FAX ( ) E-Mail Address

Address

City State Zip + 4

2. Name the person to contact for questions concerning this bid / proposal.

Name Title

Phone ( ) Toll Free Phone ( )

FAX ( ) E-Mail Address

Address

City State Zip + 4

3. Any vendor awarded over $25,000 on this contract must submit affirmative action information to the department. Please name the Personnel / Human Resource and Development or other person responsible for affirmative action in the company to contact about this plan.

Name Title

Phone ( ) Toll Free Phone ( )

FAX ( ) E-Mail Address

4. Mailing address to which state purchase orders are mailed and person the department may contact concerning orders and billings.

Name Title

Phone ( ) Toll Free Phone ( )

FAX ( ) E-Mail Address

5. CEO / President Name

STATE OF WISCONSIN Bid / Proposal #

DOA-3478 (R12/96)

STATE OF WISCONSIN Bid / Proposal #

DOA-3477 (R05/98)

Commodity / Service

VENDOR REFERENCE

FOR VENDOR:

Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) used for four (4) or more installations with requirements similar to those included in this solicitation document. If vendor is proposing any arrangement involving a third party, the named references should also be involved in a similar arrangement.

Company Name

Address (include Zip + 4)

Contact Person Phone No.

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

Contact Person Phone No

This document can be made available in accessible formats to qualified individuals with disabilities.

State of Wisconsin Department of Administration

DOA-3333 (R03/2004)

Division of State Agency Services State Bureau of Procurement

Vendor Agreement Wisconsin’s Cooperative Purchasing Service

Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts.

Participating in the service gives vendors opportunities for additional sales without additional bidding. Municipalities use the service to expedite purchases. A "municipality" is defined as any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis.Stats.

Interested municipalities:

• will contact the contractor directly to place orders referencing the state agency contract number; and

• are responsible for receipt, acceptance, inspection of commodities directly from the contractor, and making payment directly to the contractor.

The State of Wisconsin is not a party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases.

The State of Wisconsin will determine the contractor’s participation by checking a box below.

MANDATORY: Bidders/Proposers must agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. Vendors should note any special conditions below.

OPTIONAL: Bidders/Proposers may or may not agree to furnish the commodities or services of this bid/proposal to

Wisconsin municipalities. A vendor’s decision on participating in this service has no effect on awarding this contract.

A vendor in the service may specify minimum order sizes by volume or dollar amount, additional charges beyond normal delivery areas, or other minimal changes for municipalities.

Vendor: please check one of the following boxes in response.

I Agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities with any special conditions noted below.

I Do Not Agree to furnish the commodities or services to Wisconsin municipalities.

Special Conditions (if applicable):

Signature Date (mm/dd/ccyy)

Name (Type or Print)

Title

Company

Telephone

Address (Street)

City

State

ZIP + 4

Commodity/Service

Request for Bid/Proposal Number

STATE OF WISCONSIN

DOA-3027 N(R01/98)

DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION

The attached material submitted in response to Bid/Proposal # SS-1220 includes proprietary and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the

Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval.

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

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

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

We request that the following pages not be released

Section Page # Topic

IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE

UNDERSIGNED HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSARY ASSISTANCE TO DEFEND

THE DESIGNATION OF CONFIDENTIALITY AND AGREES TO HOLD THE STATE HARMLESS FOR ANY COSTS OR

DAMAGES ARISING OUT OF THE STATE'S AGREEING TO WITHHOLD THE MATERIALS.

Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response will be open to examination and copying. The state considers other markings of confidential in the bid/proposal document to be insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified above.

Company Name ___________________________________________

Authorized Representative ___________________________________________

Signature

Authorized Representative ___________________________________________ Type or Print

Date ___________________________________________

7.0 Terms and Conditions

(DOA-3054) and Supplemental Standard Terms and Conditions for Procurements for Services (DOA- 3681)). Failure of the successful proposer to accept these obligations in a contractual agreement may result in cancellation of the award.

SPECIAL TERMS AND CONDITIONS

Prime contractor and minority business subcontractors.

The prime contractor will be responsible for contract performance when subcontractors are used.

However, when subcontractors are used, they must abide by all terms and conditions of the contract. If subcontractors are to be used, the proposer must clearly explain their participation.

The State of Wisconsin is committed to the promotion of minority business in the state’s purchasing program and a goal of placing five (5) percent of its total purchasing dollars with certified minority businesses. Authority for this program is found in Wisconsin Statutes 15.107(2), 16.75(4), and 16.75(5) and 560.036(2). The Department of Administration is committed to the promotion of minority business in the department’s purchasing program.

The State of Wisconsin’s policy provides that minority owned business enterprises certified by the Wisconsin Department of Commerce, Bureau of Minority Development should have the maximum opportunity to participate in the performance of its contracts. The awarded vendor 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 requested service or contract, with a goal of awarding at least 5% of the award amount of this request for bid/proposal to such enterprises.

Upon request the awarded vendor shall furnish a subcontracting plan of action indicating appropriate information about its effort to achieve this goal, including identities of such enterprises certified by the Wisconsin Department of Commerce and their subcontract amount. The Department of Administration will require from the successful contractor a quarterly report of amounts spent with certified minority business enterprises.

A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Office of Minority Business Program, (608) 267-7806.

The list is published on the Internet at: http://www.doa.state.wi.us/deo/mbe/minority_search.asp http://www.doa.state.wi.us/deo/mbe/minority_search.asp http://www.doa.state.wi.us/deo/mbe/minority_search.asp

Wisconsin Department of Administration

DOA-3054 (R10/2005)

Ch. 16, 19, 51, Wis. Stats.

Standard Terms And Conditions (Request For Bids / Proposals)

1.0 SPECIFICATIONS: The specifications in this request are

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

2.0 DEVIATIONS AND EXCEPTIONS: Deviations and excep-

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

3.0 QUALITY: Unless otherwise indicated in the request, all

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

4.0 QUANTITIES: The quantities shown on this request are

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

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

prepaid and included unless otherwise specified.

6.0 PRICING AND DISCOUNT: The State of Wisconsin quali-

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

6.1 Unit prices shown on the bid/proposal or contract

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

6.2 Prices established in continuing agreements and

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

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

6.3 In determination of award, discounts for early

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

7.0 UNFAIR SALES ACT: Prices quoted to the State of

Wisconsin are not governed by the Unfair Sales Act.

8.0 ACCEPTANCE-REJECTION: The State of Wisconsin

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

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

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

responsible, responsive bidder unless otherwise specified.

10.0 ORDERING: Purchase orders or releases via purchasing

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

11.0 PAYMENT TERMS AND INVOICING: The State of

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

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

A good faith dispute creates an exception to prompt payment.

12.0 TAXES: The State of Wisconsin and its agencies are

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

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

However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The State of Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors perform-ing construction activities are required to pay state use tax on the cost of materials.

13.0 GUARANTEED DELIVERY: Failure of the contractor to

adhere to delivery schedules as specified or to promptly replace rejected materials shall render the contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs.

14.0 ENTIRE AGREEMENT: These Standard Terms and

Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attach-ments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority.

15.0 APPLICABLE LAW: This contract shall be governed under

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

Stats., and related statutes regarding certification for collection of sales and use tax. The State of Wisconsin also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts.

16.0 ANTITRUST ASSIGNMENT: The contractor and the State

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

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

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

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

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

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

19.0 NONDISCRIMINATION / AFFIRMATIVE ACTION: In

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

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

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

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

19.1 Contracts estimated to be over twenty-five thousand

dollars ($25,000) require the submission of a written affirmative action plan by the contractor. An exemp-tion occurs from this requirement if the contractor has a workforce of less than twenty-five (25) employees.

Within fifteen (15) working days after the contract is awarded, the contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency.

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

19.3 Failure to comply with the conditions of this clause

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

20.0 PATENT INFRINGEMENT: The contractor selling to the

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

21.0 SAFETY REQUIREMENTS: All materials, equipment, and

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

22.0 WARRANTY: Unless otherwise specifically stated by the

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

23.0 INSURANCE RESPONSIBILITY: The contractor perform-

ing services for the State of Wisconsin shall:

23.1 Maintain worker's compensation insurance as

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

23.2 Maintain commercial liability, bodily injury and prop-

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

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

23.3 The state reserves the right to require higher or…