Robotic Milkers RFP Final.pdf

A

REQUEST FOR PROPOSALS (RFP)

For:

UW-PLATTEVILLE- Robotic Milkers

RFP# LB-2739

Issued by:

UNIVERSITY OF WISCONSIN PLATTEVILLE

Proposals must be submitted no later than 3:00 PM C.T.

December 1t h, 2020

For further information regarding this

RFP contact: Lewis Bettinger at (608) 342-1221.

THERE WILL BE NO PUBLIC OPENING

SUBMIT RESPONSES IN ACCORDANCE WITH

SECTION 2.0 OF THIS RFP

LATE PROPOSALS WILL BE REJECTED

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

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.

ARO: After Receipt of Order

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.

Contractor Person or entity providing equipment, materials, supplies, contractual services to a contracting agency of the State.

Contract Manager

Designated University of Wisconsin Platteville staff personnel

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

Lowest Responsible 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

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

Procuring Agency

State Agency which conducts the purchasing transaction

Purchasing University of Wisconsin Platteville Purchasing Department

RFP Request for Bid including all documents use for soliciting proposals.

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 a 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.

State

University

State of Wisconsin or University of Wisconsin Platteville

University of Wisconsin Platteville or State

Vendor Firm submitting a proposal response to this Request for Proposal

May Discretionary

Must Requirement is mandatory

Shall Requirement is mandatory

Should Desired but not mandatory

TABLE OF CONTENTS

1.0 GENERAL INFORMATION

1.1 Introduction and background

1.2 Procuring and contracting agency

1.3 Scope of Project

1.4 Vendornet Registration

1.5 Clarifications of the specifications and requirements

1.6 Reasonable accommodations

2.0 CALENDAR OF EVENTS

3.0 PREPARING AND SUBMITTING A PROPOSAL

3.1 General instructions

3.2 Incurring costs

3.3 Submitting a proposal

3.4 Canceling and termination

3.5 Proposal organization and format

4.0 Proposal Evaluation

4.1 Evaluation team

4.2 Evaluation criteria

4.3 Financial Considerations

4.4 Award and final offers

4.5 Right to reject proposals and negotiate contract terms

4.6 Notification of intent to award

4.7 Appeals process

4.8 Multiple proposals

4.9 Oral presentations and site visits

4.10 Withdrawal of proposals

5.0 PRELIMINARY EVALUATION

6.0 MANDATORY REQUIREMENTS

7.0 EVAUATION CRITERIA

8.0 COST PROPOSAL

8.1 General instructions on preparing cost proposals

8.2 Fixed price period

9.0 SPECIAL CONTRACT TERMS AND CONDITONS

9.1 Prime contractor and minority business subcontractors

9.2 Executed contract to constitute entire agreement

9.3 News Releases

9.4 Hold Harmless

9.5 Applicable law

10.0 CHECKLIST AND SUBMITTAL PAGE

11.0 STANDARD TERMS AND CONDITIONS

12.0 REQUIRED FORMS

1.0 GENERAL INFORMATION

1.1 Introduction and background

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a proposal to provide two robotic milkers for Pioneer Farm at the University of Wisconsin-Platteville.

1.2 Procuring and contracting agency

The University of Wisconsin Platteville is located in Southwestern Wisconsin in Platteville, Wisconsin a city with a population of some 11,000. Student enrollment is approximately 7,100, 90 percent of which are undergraduates. There are approximately 3,750 students occupying 1,692 residence hall rooms on campus.

This RFP is issued by the University of Wisconsin Platteville which is the sole point of contact for the State of Wisconsin during the selection process. The person responsible for managing the procurement process is:

Lewis Bettinger

Purchasing Director

2201 Ullsvik Hall

1 University Plaza, Platteville WI, 53818.

608.372.1221 P

608.342.1222 F

bettingerl@uwplatt.edu

The University of Wisconsin Platteville will administer the contract resulting from this RFP. The contract administrator will be:

Tera Montgomery

University of Wisconsin Platteville

1 University Plaza

Platteville, WI 53818

608-342- 6027 montgomeryt@uwplatt.edu

1.3 Scope of Project

The University of Wisconsin Platteville, through its Purchasing Services Department, intends to use this bid document to purchase two robotic milking units for Pioneer Farm. The robotic milking units must be fully functional upon installation to milk at least 60 cows at least twice per day, 365 days per year. Installation of the robotic milking units, to include concrete, electrical, plumbing and waste disposal, will be completed by the company that wins this bid. Software will be included with the robotic milking units with training given on use of the entire system.

1.4 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 state.

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 $25,000.

Organizations without Internet access receive paper copies in the mail. Increasingly, state agencies also are using VendorNet to post simplified bids valued at $25,000 or less. Vendors also may receive e-mail notices of these simplified bid opportunities.

1.5 Clarification of the specifications and requirements

Any questions concerning this RFP must be submitted in writing on or before November 16th, 2020 to Lewis Bettinger at bettingerl@uwplatt.edu

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

RFP document at this point in the RFP process. If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the vendor should immediately notify the above named individual of such error and request modification or clarification of the RFP document.

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 VendorNet.

1.6 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 contact Lewis Bettinger at 608.342.1221 (voice) or bettingerl@uwplatt.edu.

2.0 CALENDAR OF EVENTS

Listed below are specific and estimated dates and times of actions related to this Request for

Proposal (RFP). The actions with specific dates must be completed as indicated unless otherwise changed by the University. In the event that the University finds it necessary to change any of the specific dates and times in the calendar of events listed below, it will do so by issuing a supplement to this RFP. There may or may not be a formal notification issued for changes in the estimated dates and times.

DATE EVENT

November 3, 2020 Date of issue of the RFP.

November 9, 2020 Mandatory Site Visit 2:00 to 4:00 PM

November 16, 2020 Questions Due from Vendors (In writing)

November 19, 2020 Answers Posted to Vendornet

December 1, 2020 3:00PM Proposals due from vendors

December 8-9, 2020 Demo’s, oral presentations (if needed)

December 11, 2020 Notification of intent to award sent to vendors

(subject to change)

3.0 PREPARING AND SUBMITTING A PROPOSAL

3.1 General instructions

The evaluation and selection of a vendor will be based on the information submitted in the proposal, plus references, and any required on-site visits or oral presentations. Proposers should respond clearly and completely to all requirements. Failure to respond completely may be the basis for rejecting a proposal.

mailto:bettingerl@uwplatt.edu

Elaborate proposals (e.g. expensive artwork) beyond that sufficient to present a complete and effective proposal, are not necessary or desired.

3.2 Incurring costs

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

3.3 Submitting the proposal

Vendors must submit original and FOUR (4) copies of all materials required for acceptance of their proposal by November 18th, 3:00 PM to:

Lewis Bettinger

University of Wisconsin Platteville Purchasing Office

2201Ullsvik Hall

1 University Plaza

Platteville, WI 53818-3099

Proposals must be received by the receptionist in the above office. All proposals must be time-stamped in by the University’s purchasing office by the stated time. Proposals not so stamped will not be accepted. Receipt of a proposal by the State mail system does not constitute receipt of a proposal by the University’s purchasing office, for purposes of this request for proposals.

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

- Vendor's Name and Address

- Request for Proposals Title

- Request for Proposals Number

- Proposal Due Date

3.4 Cancelation and Termination

The University reserves the right to cancel the resulting contract/agreement, for any reason, by giving written notice to Contractor of such cancellation and specifying the effective date thereof, at least ten (10) days before the effective date of such cancellation. Contractor shall, in the event of such cancellation, be entitled to receive compensation for any work accepted hereunder in accordance with the University's order(s). Contractor may also be compensated for partially completed work in the event of such cancellation. The compensation for such partially completed work shall be no more than the percentage of completion of each work effort, as determined in the sole discretion of the University, times the corresponding payment for completion of such work as set forth in the University’s order(s).

In addition, the University reserves the right to terminate the resulting contract/agreement, for reasons of breach of contract, by giving written notice to Contractor of such termination and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. Contractor shall, in the event of such termination, be entitled to receive compensation for any work accepted hereunder in accordance with the University's order(s).

Contractor shall also be compensated for partially completed work in the event of such termination. The compensation for such partially completed work shall be no more than the percentage of completion of each work effort, as determined in the sole discretion of the

University, times the corresponding payment for completion of such work as set forth in the

University's order(s).

Upon cancellation, termination or other expiration of the resulting contract/agreement, each party shall forthwith return to the other all papers, materials, and other properties of the other held by each for purposes of execution of the contract/agreement. In addition, each party will assist the other party in the orderly termination of this contract/agreement and the transfer of all aspects hereof, tangible or intangible, as may be necessary for the orderly, non-disruptive business continuation of each party.

3.5 Proposal organization and format

Proposal should be typed and submitted on 8.5 by 11 inch paper and bound securely, include a table of contents. No mention of the cost proposal may be made in the response to the technical requirements of this Request for Proposal.

Proposer must send 1 original copy (marked as such) of the proposal response and four identical copies and separate 1 original copy of the cost proposal (marked as such) and four identical copies.

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

(a) Tab 1 - COVER LETTER/VENDOR CERTIFICATIONS: Include here any cover letter included with the proposal and those certifications required for submittal of a proposal. Proposals submitted in response to this RFP 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 proposal or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices. Each proposal shall stipulate that it is predicated upon the terms and conditions of this RFP and any supplements or revisions thereof.

By submitting a signed proposal, 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 proposal 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 proposal 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 proposal for the purpose of restricting competition.

(b) Tab 2 - SIGNED STATE AGREEMENTS: Include here the signed copy of Designation of confidential and proprietary information DOA 3027, Vendor Information DOA 3477, and Vendor

References DOA 3478.

The University reserves the right to contact and/or visit any party listed as a reference which has previously utilized or is presently utilizing product(s) and/or service(s) identical or similar to those being proposed by the vendor. It may also utilize other sources of information about the product(s) and/or service(s) proposed by the vendor where these sources are publicly available and are equally available for all competing vendors. The vendor should not be present during site visits.

(c) Tab 3 - RESPONSE TO GENERAL PROPOSAL REQUIREMENTS: Provide a point-by-point response to each and every general proposal requirement specified in this RFP. Responses to general proposal requirements must be in the same sequence and numbered as they appear in this RFP. Responses must indicate that either vendor's proposal "does comply" with specifications or that it "does not comply." A succinct explanation of how each requirement can or can’t be met.

(d) Tab 4 - MANAGEMENT SUMMARY: Provide a narrative summary of the proposal being submitted. This summary should identify all product(s) and/or service(s) that are being offered in the proposal.

(e) Tab 5 – WORK PLAN: Provide a brief summary of firm’s proposed approach/philosophy. A detailed description of the proposed methodology including tasks, deliverables, and a time line for the project.

(f) - GLOSSARY: Provide a glossary of all abbreviations, acronyms, and technical terms used to describe the services or products proposed. This glossary should be provided even if these terms are described or defined at their first use in the proposal response.

(g) Separate Envelope - COST INFORMATION: List total fees and estimated reimbursable expenses. Costs should be itemized and broken down as much as possible. A separate listing of additional services the consultant would like to suggest and associated fees.

4.0 PROPOSAL EVALUATION

4.1 Evaluation team

The University's evaluation team will consist of members who have been selected because of their special expertise in procurement of the product(s) and/or service(s) that are the subject of this RFP, and because of their knowledge of the University’s requirements for this service.

Vendors may not contact members of the evaluation team except at the University's request.

4.2 Evaluation criteria

Each of the following criteria will be scored on a 100-point basis (100=highest) and weighted relative to the indicated multipliers. The total possible will be 1,000.

The proposals will first be reviewed to determine if mandatory requirements are met. Failure to meet mandatory requirements will result in the proposal being rejected.

Criteria Weight Total

Possible

Points

Describe the robotic milking system to be installed at Pioneer Farm in place of the old/current robotic milking units.

10% 100

Describe how you will interact with UW-Platteville faculty, staff, and students, including Pioneer Farm staff, with regards to training, research, teaching and outreach.

10% 100

Describe how you will work with Pioneer Farm when updates and upgrades to the proposed robotic milking system become available.

10% 100

Describe the feeding system within the robots. 10% 100

Describe the data collection/software system within the robots. 10% 100

Describe the installation process, including disposition of the old milking units

10% 100

Describe alterations to be made to the facility to accommodate the proposed new robotic milking system.

10% 100

Describe the gate system that works best with your robotic milking system and how it would work with the current structures at Pioneer Farm.

10% 100

Accepted proposals will be graded by the University’s evaluators as to their responsiveness to the requirements in this RFP.

Proposals from certified Minority Business Enterprises 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 in accordance with Wis. Stats. S. 16.75(3m).

The ranking will be based on the following assignment of point values with a maximum ranking of

1,000.

4.3 Financial Considerations

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

Lowest Proposed Cost Other Submitted Proposal Costs X (200 Points) = SCORE

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.

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.

4.4 Award and final offers

Award will be granted in one of two ways. The award may be granted to the highest scoring responsive and responsible proposer or proposers. Alternatively, the highest scoring proposer or proposers may be requested to make oral presentations and submit best and final offers (BAFO).

If best and final offers are requested, they will be evaluated against the stated criteria, scored and ranked. Award will then be granted to the highest scoring proposer. All vendors invited to provide a best and final offer will be evaluated on their BAFO and presentation if required.

4.5 Right to reject proposals and negotiate contract terms.

The University reserves the right to reject any and all proposals and to negotiate the terms of the contract, including the award amount, with the selected proposer prior to entering into a contract.

If contract negotiations cannot be concluded successfully with the highest scoring proposer, the

University may negotiate a contract with the next highest scoring proposer.

4.6 Notification of intent to award

Any vendors who respond to this RFP will be notified in writing of the University’s intent to award the contract(s) as a result of this RFP.

After notification of the intent to award is made, and under the supervision of University staff, copies of proposals will be available for public inspection 9:00 a.m. to 3:30 p.m. at 2201 Ullsvik, 1

University Plaza, UW Platteville. Vendors are encouraged to make appointments to ensure that space is available for the review.

Describe complementary robotic systems available through your company that could work with Pioneer Farm’s Dairy Enterprise.

10% 100

Cost 10% 100

Maximum Points Available 1000

4.7 Appeals process

The appeals process applies only to those requests for proposals that exceed $10,000. Notices of intent to protest and protests must be made in writing. Protestors should make their protests as specific as possible and should identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated.

The written notice of intent to protest the intent to award a contract must be filed with:

Lewis Bettinger

2201 Ullsvik Hall

1 University Plaza

Platteville, WI 53818-3099 and received in that office no later than five (5) working days after the notice of intent to award is issued.

The written protest must be received within ten (10) working days after the notice of intent to award is issued.

Proposals must be received in the above office by the specified time stated above. All proposals must be time-stamped as accepted by the Purchasing Office by the stated time. Proposals not so stamped will not be accepted. Receipt of a proposal by the State mail system does not constitute receipt of a proposal by the Purchasing Office, for purposes of this RFP.

To ensure confidentiality of the document, all proposals must be packaged, sealed and show the following information on the outside of the package:

—Proposer's name and address

—Request for proposal title

—Request for proposal number

—Proposal due date

An original plus three (5) copies of the Cost Proposal must be sealed and submitted as a separate part of the proposal. The outside of the envelope must be clearly labeled with the words “Cost

Proposal, RFP (Name of RFP)” and name of the vendor and due date. The cost proposal is due to the addressee on the due date and time noted above.

4.8 Multiple proposals

Multiple proposals from a vendor will be permissible; however, each proposal must conform fully to the requirements for proposal submission. Each such proposal must be submitted separately and labeled as Proposal #1, Proposal #2, etc. on each page included in the response. Alternate acquisition plans do not constitute multiple proposals.

4.9 Oral presentations and site visits

Top scoring vendors based on an evaluation of the written proposal may be required to participate in interviews and/or site visits to support and clarify their proposals, if requested by the State. The

State will make every reasonable attempt to schedule each presentation at a time and location that is agreeable to the proposer. Failure of a proposer to interview or permit a site visit on the date scheduled may result in rejection of the vendor's proposal.

4.10 Withdrawal of proposals

Proposals shall be irrevocable until contract award unless the proposal is withdrawn. Proposers may withdraw a proposal in writing at any time up to the proposal closing date and time or upon expiration of 30 days after the due date and time if received by the RFP project manager. To accomplish this, the written request must be signed by an authorized representative of the proposer and submitted to the RFP project manager. If a previously submitted proposal is withdrawn before the proposal due date and time, the proposer may submit another proposal at any time up to the proposal closing date and time.

5.0 PREMLIMINARY EVALUATION

The proposals will be reviewed initially to determine if mandatory requirements are met. Failure to meet mandatory requirements will result in rejection of the proposal. In the event that all vendors do not meet one or more of the mandatory requirements, the State 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.

6.0 MANDATORY REQUIREMENTS

Please indicate below if the texting service being bid meets the required specification.

Requirement Yes No

The awarded vendor must remove and dispose of the old robotic milking units at their expense

The awarded vendor must install two completely new milking robots, with the units being fully functional at the end of the installation process. Installation will be determined by UW- Platteville Pioneer Farm personnel

The company shall have a local service engineer available for service calls year-round within 50 miles of Pioneer Farm or one hour of contact from a representative of UW-Platteville.

The installed robotic milking units must be the latest model that the company has available

7.0 EVALUATION CRITERIA

7.1 Describe the robotic milking system to be installed at Pioneer Farm in place of the old/current robotic milking units, including the answers to the following questions:

7.1.1 What is an estimate of annual routine maintenance costs?

7.1.2 What is the typical maintenance plan for these units?

7.1.3 Is there capacity for the robotic milking system to collect composite milk samples?

7.1.4 Can the robotic milking system identify animals whose milk cannot be added to the bulk tank? If so, can that milk be collected and separately stored?

7.1.5 Is there a collar system associated with the robotic milking system? If so, what are the capabilities and compatibilities of that system?

7.1.6 Do you recommend replacement of Pioneer Farm’s current collar system? If so, provide an estimate of the cost of replacement.

7.2 Describe how you will interact with UW-Platteville faculty, staff, and students, including Pioneer

Farm staff, with regards to training, research, teaching and outreach.

7.3 Describe how you will work with Pioneer Farm when updates and upgrades to the proposed robotic milking system become available.

7.4 Describe the feeding system within the robots, including the answers to the following questions:

7.4.1 Does the robotic milking unit have multiple silos/hoppers for feeding different concentrate mixes? If not standard, please describe any modifications that are possible and in use on other farms.

7.4.2 Is the robotic milking unit capable of feeding concentrate at different rates to specified groups of cows?

7.4.3 Can the robotic milking unit determine individual cow intake of the concentrate mix?

7.4.4 Is the robotic milking unit capable of measuring cow body weight following milk harvest?

7.5 Describe the data collection/software system within the robots, including the answers to the following questions:

7.5.1 Is the robotic milking system capable of in-line prediction of milk composition?

7.5.2 Is the robotic milking system capable of recording characteristics of the milk harvest?

7.5.3 Is the robotic milking system capable of readily exporting collected data, including milk infrared spectrum?

7.5.4 Is the robotic milking system capable of enacting pre-specified protocols/limitations such as box time or the allowable number of milkings each day?

7.5.5 Is the robotic milking system compatible or integratable with other technology/software such as Dairy Comp 305?

7.6 Describe the installation process, including disposition of the old milking units

7.7 Describe alterations to be made to the facility to accommodate the proposed new robotic milking system, including the following:

7.7.1 An estimated budget of cost of the alterations

7.7.2 Replacement of pipeline and other materials (bulk tank, etc.) should be itemized – preference is for new materials in the complete system to the extent possible. If using current equipment, statement /validation of why the company is reusing and not replacing must be included.

7.8 Describe the gate system that works best with your robotic milking system and how it would work with the current structures at Pioneer Farm.

7.9 Describe complementary robotic systems available through your company that could work with

Pioneer Farm’s Dairy Enterprise.

8.0 COST PROPOSAL

8.1 General instructions on preparing cost proposals

The cost proposal should be submitted in a separate envelope with the written proposal (Refer to section3). The proposal will be scored using a standard quantitative calculation where the most points will be awarded to the proposal with the lowest cost (Refer to section 4.3). Various costing methodologies and models are available to analyze the cost information submitted to determine the lowest costs to the State. The State will select one method and use it consistently throughout its analysis. The cost methodology will be available at the time that the proposals are due.

8.2 Fixed price period

All prices, costs, and conditions outlined in the proposal shall remain fixed and valid for acceptance for sixty (60) calendar days starting on the due date for proposals.

9.0 SPECIAL CONTRACT TERMS AND CONDITIONS

9.1 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 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 contracting agency is committed to the promotion of minority business in the state's purchasing program.

The State of Wisconsin policy provides that minority-owned business enterprises certified by the

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

The supplier/contractor shall furnish appropriate quarterly information about its effort to achieve this goal, including the identities of such enterprises certified by the Wisconsin Department of

Commerce and their contract amount.

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. The listing is published on the Internet at:

http://www.doa.state.wi.us/dsas/mbe/index.asp.

9.2 Executed contract to constitute entire agreement

In the event of contract award, the definitive contract will constitute the entire agreement of the parties and will supersede any representations, commitments, conditions, or agreements made orally or in writing prior to execution of the contract. (or)

In the event of contract award, the contents of this RFP (including all attachments), RFP addenda and revisions, and the proposal of the successful proposer, and additional terms agreed to, in writing, by the agency and the contractor shall become part of the contract. Failure of the successful proposer to accept these as a contractual agreement may result in a cancellation of award.

The following priority for contract documents will be used if there are conflicts or disputes.

Official Purchase Orders

Vendor's Proposal Dated 05/28/20

State Request for Proposal Dated 04/30/20

Standard Terms and Conditions

9.3 News Releases

Reference to or use of the State of Wisconsin, any of its departments, agencies (University) or other subunits, or any state official or employee for commercial promotion is prohibited.

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

9.4 Hold Harmless

The Board of Regents of the UW System agrees to provide liability protection for its officers, employees and agents while acting within the scope of their employment. The Board of Regents further agrees to hold harmless the Contractor, its officers, agents and employees from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to persons or property arising out of or in connection with or occurring during the course of this agreement where such liability is founded upon or grows out of the acts or omissions of any of the officers, employees or agents of the UW System while acting within the scope of their employment where protection is afforded by ss. 893.82 and 895.46(1), Wis. Stats.

The Contractor agrees to hold the University harmless from any loss, claim, damage or liability of any kind involving an employee, officer or agent of the Contractor arising out of or in connection with this Agreement except to the extent that it is founded upon or grows out of the acts or omissions of any of the officers, employees or agents of the UW System while acting within the scope of their employment where protection is afforded by ss. 893.82 and 895.46(1), Wis. Stats.

9.5 Applicable Law

This Agreement shall be construed under the laws of the State of Wisconsin. Jurisdiction and venue for any disputes under this Agreement shall be in Winnebago County, 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.

10.0 CHECKLIST AND SUBMITTAL PAGE

10.1 In accordance with Wisconsin Statutes 16.75(3m), 16.752 and 560.035(1)(c), (see website:

http://www.doa.state.wi.us/deo/mbe/report2.asp please indicate if you are a Wisconsin Certified minority business, sheltered workshop center or woman owned business:

Minority (MBE) Sheltered Workshop

Women Owned Business (WBE) Not Applicable

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

10.2 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)

_____________ Woman-Owned Small Business (WOSB)

10.3 In preparing this RFB, this bidder has not been assisted by any current or former employee of the State of Wisconsin whose duties relate to this RFB and who was assisting in other than his or her official capacity. Neither does such a person or any member of his or her immediate family have any financial interest in the outcome of this RFB. ____________ (Initial)

10.4 Bidder agrees to make the terms of the resulting contract available on a convenience use basis for other state agencies located on or off-campus.

____________ YES ____________ NO

10.5 What order method will you accept purchase orders against this contract? Please check all that apply and supply addresses or phone numbers for selected methods:

E-Mail _________________________________

Fax _________________________________

Mail _________________________________ http://www.doa.state.wi.us/deo/mbe/report2.asp http://www.sba.gov/

10.6 Will you provide insurance certificate(s) indicating coverage and agree to maintain coverage as required in the Terms and Conditions listed with this bid? And, add the following language to the insurance certificate?

“The Board of Regents of the University of Wisconsin System, its officers, employees and agents” are added as an ‘additional insured’ under the commercial, general, automobile (and

Contractor’s) liability policies on any insurance certificate provided.

____________ YES ____________ NO

10.7 Proposer has reviewed and agrees to all terms and conditions in bid document

Section Description Yes No

3.0 Submitting a proposal

4.0 Proposal evaluation

5.0 Proposal Selection

6.0 Evaluation Criteria

7.0 Mandatory Requirements

8.0 Submitting a cost proposal

9.0 Special contract terms

10.0 Checklist and Submittal page

11.0 Standard Terms and Conditions

11.0 STANDARD TERMS AND CONDITIONS

The State of Wisconsin reserves the right to incorporate standard State contract provisions into any contract negotiated with any proposal submitted responding to this RFP (Standard Terms and Conditions (DOA-

3054)). Failure of the successful proposer to accept these obligations in a contractual agreement may result in cancellation of the award. (or)

The State of Wisconsin reserves the right to incorporate standard State contract provisions into any contract negotiated with any proposal submitted responding to this RFP (Standard 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.

Wisconsin Department of Administration Chs. 16, 19, 51

DOA-3054 (R10/2005)

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 letterhead, 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 specifications 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 qualifies

for governmental discounts and its educational institutions 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 industrywide.

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 conditions are equal and when payment terms allow at least fifteen

(15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30).

7.0 UNFAIR SALES ACT: Prices quoted to the State of

Wisconsin are not governed by the Unfair Sales Act.

8.0 ACCEPTANCE-REJECTION: The State of Wisconsin

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

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

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

responsible, responsive bidder unless otherwise specified.

10.0 ORDERING: Purchase orders or releases via purchasing

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

11.0 PAYMENT TERMS AND INVOICING: The State of

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

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

A good faith dispute creates an exception to prompt payment.

12.0 TAXES: The State of Wisconsin and its agencies are

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

The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The State of Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials.

13.0 GUARANTEED DELIVERY: Failure of the contractor to

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

14.0 ENTIRE AGREEMENT: These Standard Terms and

Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written

DOA-3054

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

15.0 APPLICABLE LAW AND COMPLIANCE: This contract

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

The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. The State of Wisconsin also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts..

16.0 ANTITRUST ASSIGNMENT: The contractor and the State

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

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

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

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

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

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

19.0 NONDISCRIMINATION / AFFIRMATIVE ACTION: In

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

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

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

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

19.1 Contracts estimated to be over 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.