REQUEST FOR BID #UWL-2302

OFFICIAL SEALED

THEATRE LED LIGHTING TRANSITION

UNIVERISTY OF WISCONSIN – LA CROSSE

PROCUREMENT – BUSINESS SERVICES

1725 STATE STREET

LA CROSSE, WI 54601

CARLY MARTINCO

ISSUED DATE: 4/14/2023

DUE DATE: 5/19/2023 DUE TIME: 2:00 PM CT

Contents

1. Submittal Instructions The University is accepting electronic responses via the Sourcing Module. Required materials must be received by the due date and time listed. Bids cannot be submitted once the event has closed in the Portal. Bidders should allow ample time to enter their responses in the ShopUW+ Event Sourcing Module.

To respond to this event, bidders must have an online profile with JAGGAER. If you or your organization does not have an established profile with JAGGAER, register using this link: Supplier Login or Join JAGGAER Supplier Network (sciquest.com) For more information and supplier resources, please visit the ShopUW+ Essentials website here: ShopUW+ Essentials – UW System Purchasing and Payables System – UW-Madison (wisc.edu) Failure of the bidder to allow enough time to register appropriately and/or meet required steps will NOT be considered an extenuating circumstance. It is the bidder’s sole responsibility to familiarize themselves with the electronic bid Sourcing Module and the electronic bid submission requirements.

For all technical issues or password resets for your supplier portal login for ShopUW+, the University of Wisconsin’s Procurement System, please reach out to the Jaggaer Supplier Support team at 1-800-233-1121 Option 2 or submit a support ticket via the Supplier Support page here: Supplier Support Information | JAGGAER When all responses to event sections have been entered and saved, you must confirm your submission and click the submit button to send your response to the University. All bids MUST be submitted by 2:00 PM Central Time on the stated due date. The email address provided in your organization’s profile should receive an email confirmation message that your bid has been submitted. Late bids will not be accepted.

The University is not liable for any cost incurred by bidders in replying to this RFB.

1.1. Bid Response Requirements:

In order for your bid to be considered, the following forms/information must be completed and submitted as part of your bid response. Failure to provide these forms/information with your bid submittal may disqualify your bid.

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

2.1. Purpose:

The University of Wisconsin-La Crosse, hereinafter referred to as the “University”, through its Procurement Department, hereinafter referred to as “Purchasing”, requests bids for the purchase of LED lighting fixtures to replace incandescent lighting fixtures in campus theatres. The equipment is intended replace ellipsoidal stage lighting fixtures that are over 40 years old, and provide industry-standard equipment for students taking classes in theatrical design and technology. The equipment should also provide a substantial energy savings compared to conventional fixtures, as well as the ability to change the color output without the need for disposable plastic filter media.

2.2. Scope:

See Specifications Section 6 and Attachment B for the minimum acceptable specifications for items/services desired. The estimated item quantities identified on the Itemized Bid List are for bid purposes only. The University does not guarantee to purchase any specific quantity or dollar amount.

2.3. Definitions:

The following definitions are used throughout this document:

Agent means UW-La Crosse Purchasing Agent responsible for this Request for Bid. Full contact information can be found in Section 3.1.

Bidder means a firm submitting a bid in response to this Request for Bid.

Contractor means successful Bidder awarded the bid.

Department means UW-La Crosse Ordering Department.

MBE means Minority Business Enterprise.

DVB means Disabled Veteran-Owned Business.

Purchasing means the Purchasing Services Department in the Division of Business Services responsible for the procurement of goods and services on UW-La Crosse campus, located at 1725 State St., La Crosse, WI 54601.

RFB means Request for Bid.

State means State of Wisconsin.

University and UWL both mean University of Wisconsin-La Crosse.

WBE means Woman-Owned Business Enterprise.

2.4. VendorNet Registration:

Registration on the State of Wisconsin’s VendorNet System (http://vendornet.state.wi.us) is available free of charge to all businesses and organizations that want to sell to the state. Refer to the Bidder Response: Registration and Sign-in Process for further instructions. Registration allows a vendor to:

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

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

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

Only vendors registered, with a valid e-mail address, at the time the RFB or RFP is posted will receive e-mail notifications of addendums/amendments. Vendors who obtain the RFB or RFP from a third party; through the public notice website; or other means assume responsibility for checking for updates to the RFB or RFP.

2.5. Electronic Commerce/Online Ordering:

Customers of this contract may want to take advantage of electronic ordering and “E-Commerce” opportunities that may be offered by the Contractor. All electronic orders shall receive contract pricing and/or discounts.

2.6. Campus Delivery Requirements:

Delivery of orders shall be made to University departments five day per week, Monday through Friday, during normal University business hours. Delivery of fixtures to the Truman T. Lowe Center for the Arts loading dock can be coordinated with Ben Golden, Theatre and Dance Department Lighting and Sound Supervisor -- bgolden@uwlax.edu, (608) 785-8529.

2.7. Parking:

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UW Parking Services at 605 17th St. N. La Crosse, WI 54601 (608) 785-8061, Parking@uwlax.edu. No additional Contractor costs will be allowed for parking fees or violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed and/or towed.

2.8. Promotional Materials/Endorsement:

Contractor agrees that they will not use any promotional or marketing material which states expressly or implies that the University endorses either the Contractor or any party related to the Contractor or this Contract.

2.9. Energy Star:

The State encourages the use of equipment which meets the Environmental Protection Agency (EPA) Energy Star™ requirements. The Energy Star Program is a voluntary contract between an Original Equipment Manufacturer (OEM) and the EPA. It is not mandatory that every device offered under this bid meet Energy Star requirements but the bulk of the product line should be energy efficient. Bidder should identify those items which meet the Energy Star requirements on the Bidder Response Sheet.

2.10. Supplier Diversity:

2.10.1 Minority Business Enterprise Program (MBE)

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

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

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

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

2.10.2 Woman Owned Business (WBE)

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

The State of Wisconsin policy provides that Woman-Owned Businesses certified by the Wisconsin Department of Administration should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to Woman-Owned Businesses or by using such businesses to provide goods and services incidental to this agreement.

2.10.3 Disabled Veteran Owned Business (DVB)

The State of Wisconsin policy provides that Disabled Veteran-Owned Business Enterprises certified by the Wisconsin Department of Administration should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to Disabled Veteran-Owned Businesses or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 1% of the contract price to such enterprises.

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

A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, State Supplier Diversity Program, 608/267-9550. To view all DVB firms, go to https://wisdp.wi.gov/search.aspx, select the DVB box, and click search.

2.11. Discriminatory Boycotts in Israel:

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

3. RFB Process Instructions

3.1. Clarifications and/or Revisions through Designated Contact:

All communications and/or questions regarding this request must be in writing and must reference the bid number. Bidders should e-mail written questions to the Agent. Verbal questions, when permitted, must be directed to the Agent.

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

ADMINISTRATIVE:

Carly Martino UW – La Crosse Procurement – Business Services

1725 State Street

La Crosse, WI 54601

E-mail: cmartinco@uwlax.edu

FAX: (608)785-8597

If a Bidder fails to notify the Purchasing Office of an error in the RFB document which is known to the Bidder, or which should have reasonably been known to the Bidder, then the Bidder shall submit a bid response at the Bidder’s risk and if awarded a contract, shall not be entitled to additional compensation or delivery or installation time by reason of the error or its later correction.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions will be posted on http://vendornet.state.wi.us and publicnotices.wi.gov.

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

3.2. Applicable Dates:

4/14/2023

Date of Issue of the RFB

04/28/2023

Written Questions Due

05/10/2023

Site Visit (Optional) & Answer Bidder Questions

05/19/2023 – 2:00 P.M. CST

RFB Due Date (Local La Crosse Time)

3.3. Site Visit:

The University, at its sole discretion, may require oral presentations, product demonstrations and/or vendor location site visits to validate information submitted with the bids. Failure of a bidder to conduct a presentation on the date scheduled or allow an on-side vendor site visit may result in rejection of the bid. These events cannot be used as an opportunity to alter bids submitted. Site visits must be coordinated with Ben Golden, bgolden@uwlax.edu.

3.4. Proprietary Information:

Any information contained in the Bidder’s response that is proprietary must be detailed separately on form DOA-3027. Marking of the entire response as proprietary will neither be accepted nor honored. The University cannot guarantee that all such material noted remains confidential, particularly if it becomes a significant consideration in contract award. Information will only be kept confidential to the extent allowed by State of Wisconsin Public Disclosure Law (refer to Standard Terms and Conditions, Section 27.0). A copy of the form needed to designate portions of your submission as proprietary can be found at:

http://vendornet.state.wi.us/vendornet/doaforms/doa-3027.doc

3.5. 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.

3.6. Method of Bid:

Bidder must submit a net unit price and an extended net total for the item specified. Prices listed should be in US dollars unless otherwise indicated.

3.7. Method of Award:

Award(s) shall be made based on the lowest extended net total which is judged to be in the best interest of the University. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified.

Supplier Diversity Preferences State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE), or Disabled Veteran-Owned Business (DVB) firms submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid or the proposal is no more than 5% lower than the apparent high point score. Authority for this program is found in ss. 16.75(3m) (b)2,3, 16.75(3m) (c)(4) and 560.0335(1)(b)(3), 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes.

4. Bidder Qualifications

4.1. Bidder Information:

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

4.2. Bidder Experience:

Bidder company or its principals must be in the business of providing theatrical-industry specific LED lighting fixtures and must have done so for the past five (5) years.

4.3. Client List/References:

Bidder must supply with their bid a client list of five (5) entities to which similar items/services have been provided during the past five (5) years to a comparable sized project (see Attachment E). If contacted, information received from those clients will be used to determine whether bidder can reasonably meet contract requirements and specifications. Client references may be used in the award consideration.

4.4. Fair Price Analysis:

Purchase made under this contract may require further fair price analysis. Bidders should Identify on the Bidder Response Sheet the type of documentation they will provide (i.e. published price list, list of previous buyers, etc.) to allow the University to complete this analysis. The awarded Bidder will be required to provide this documentation prior to the order being issued.

4.5. Debarment:

Federal Executive Order (E.O.) 12549 “Debarment “requires that all contractors receiving individual awards, using federal funds, and all subrecipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. By signing this document, you certify that your organization and its principals are not debarred. Failure to comply or attempts to edit this language may disqualify your bid. Information on debarment is available at the following websites: https://www.sam.gov/SAM/ and https://acquisition.gov/far/index.html see section 52.209-6.

5. Performance and Contract Requirements

5.1. F.O.B. Destination:

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

5.2. On Site Service:

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

5.3. Requirements for Criminal Background Checks:

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

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

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

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

5.4. Timeliness of Project:

The timeline of the project start date and completion date will be negotiated after contract award. The estimated timeframe for the project to start is late May 2023, with the project being completed no later than August 15, 2023. Indicate on the Bidder Response Sheet the earliest delivery date possible. Timeliness of delivery may be used in evaluation for bid award.

Once awarded, failure to meet this project timeline may result in cancellation of order (award). The University reserves the right to contract with a second vendor/contractor to receive items/services per delivery request.

5.5. Acceptance and Testing (Post Award):

If the item/service does not meet specification or performance requirements, the Contractor will have 10 days to meet requirements. If after this time period the item/service still does not meet specifications or performance requirements, the Contractor agrees to remove the item and return any payments that may have been made.

5.6. Payment Terms:

Payment will not be made until the item/service is determined to meet all specifications and has been accepted by the University of Wisconsin-La Crosse. The University will pay the Contractor Net 30 days as accepted by the University.

5.7. Insurance:

The Contractor shall maintain insurance levels as required in Standard Terms and Conditions, Section 22.0. A certificate of insurance must be provided upon award.

The Contractor shall add: “The Board of Regents of the University of Wisconsin System, its officers, employees and agents” as an ‘additional insured’ under the commercial general and automobile liability policies. The certificate holder shall be listed as the University of Wisconsin-System Administration or System campus for their respective purchases.

5.8. Subcontracting:

5.8.1. Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any Subcontractor without prior written approval by Purchasing. Upon request Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#, SS#) and signed W-9 form.

5.8.2. The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. University reserves the right to assess Contractor damages in excess of the contract amount for Subcontractor’s failure to perform or inability to complete required project milestones.

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

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

5.8.5. Subcontractor shall comply with any prevailing wage requirements.

5.9. Record and Audit:

The Contractor shall establish, maintain, report as needed, and submit upon request records of all transactions conducted under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, State of Wisconsin and local ordinances.

The University shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents held by the Contractor related to this contract. The Contractor shall retain all applicable documents for a period of not less than five years after the final contract payment is made. The University reserves the right to inspect any facilities used to support this Contract.

5.10. Entire Contract:

A contract will be awarded based on the criteria established in this Request for Bid, including attachments and any amendments issued. The RFB, the bid response, and written communications incorporated into the contract constitute the entire contract between the parties. The hierarchy of documents in descending order for resolution is as follows:

Any other terms and conditions provided by the Bidder with the bid or for future transactions against this contract, including but not limited to click on agreements accepted by the Customer; shrink wrapped agreements; or terms submitted with quotations, order acknowledgements, or invoices; will be considered null and void and will not be enforceable by the Contractor unless agreed to in a written amendment signed by the University Purchasing Department. Any exceptions to this RFB should be submitted with your response and alternative language proposed.

Submitting a standard Bidder contract or term and condition as a complete substitute or alternative for the language in this solicitation will not be accepted and may result in rejection of the bid. The University reserves the right to negotiate contractual terms and conditions or reject the Bidder‘s response and proceed to the next qualified bidder.

6. Specifications

SPECIFICATIONS OF ITEMS/SERVICES TO BE PROVIDED:

See Specifications Section 6 and Attachment B for the minimum acceptable specifications for items/services desired.

UW Specifications may not be revised without an official written amendment issued by Purchasing.

The Bidder’s response must be clearly identified by manufacturer and catalog/model/stock number and/or appropriate identification as requested. Adequate detailed specifications of the items being offered or bid must be included with your bid to ensure that the items being bid can be compared to determine if the items meet all specifications.

6.1. Warranty:

Contractor must provide a minimum warranty of one (1) year on items and/or parts purchased under this contract. Bidder must indicate warranty term on Bidder Response Sheet and should enclose standard warranty documents with your bid.

6.2. Service Hours: Bid must include delivery and travel time during stated service hours. University service hours shall be defined as 8:00 a.m. to 3:00 p.m., Monday through Friday, excluding holidays.

6.1. Employee Identification:

All Contractor’s employees, while working on University property, must wear a clearly displayed photo identification badge or uniform showing name of employee and/or company represented. Any identification must be provided by the Contractor at the Contractor’s cost.

6.2. Equipment Requirements:

All equipment necessary for operation will be owned, operated or leased and maintained by the Contractor. The Contractor shall utilize the appropriate level of technology (both hardware and software) to provide the desired level of service required by the University.

6.3. Environmentally Friendly (“Green”) Product:

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

6.4. Performance Meetings:

An Account Representative of the Contractor must be available to meet upon request of the University’s Contract Administrator or Project Manager to evaluate contract implementation and performance and to identify continuous improvement. Frequency of these meetings may be decided as needed by the parties.

Attachment A: Bidder Response Sheet NOTE: This form must be returned with your bid response. Numbers for each question below refer to the corresponding section of this document that explains the requirement. Bidder may attach additional relevant information to their bid response; identify sections to which information applies.

SUBMITTAL INSTRUCTIONS

Have you included one (1) complete set of your bid?

If yes, does your Website provide a means of on-line ordering with our specific pricing being applied automatically?

If yes, does your Order System accept Purchasing Cards for payment?

If yes, does your Order System provide a self-service means for the customer to track their order via Internet?

Do you certify that neither your organization nor your principals will, during the term of the contract, engage in a boycott in the State of Israel?

Country of Origin

Shipping Point

“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, and automobile liability policies on any insurance certificate provided.

Attachment B: Specifications & Drawings

1. Part 1 - GENERAL

1.1. SCOPE:

The University is seeking LED lighting fixtures to replace old incandescent lighting fixtures used in Frederick and Toland Theatre. The University seeks to replace ellipsoidal reflector spotlight fixtures with modern LED equivalents that allow for color-mixing and fixed zoom ratios. The University is seeking to purchase the following items (or similar):

Attachment C: Itemized Bid List

Costs which are not specifically identified below will not be compensated under any Contract awarded pursuant to this RFB.

LUMP SUM – LED LIGHTING FIXTURES AND ACCESORIES

1.

Attachment D: Vendor Information Form VENDOR NOTE: BOTH PAGES OF THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID RESPONSE.

1. Company and Contact Information

Company Name:

Company Website

Contact for questions regarding this Bid Name:

Telephone:

Fax

Email

Contract Renewals / Problems Name:

Telephone:

Fax

Email

Sales Representative Name:

Telephone:

Fax

Email

Ordering / Expediting Name:

Telephone:

Fax

Email

Returns Name:

Telephone:

Fax

Email

Invoice Information Name:

Telephone:

Fax

Email

Affirmative Action (see Section 17 in Standard Terms and Conditions)

Name:

Address:

City/State/Zip:

Telephone:

Fax

Email

Supplier Diversity Reporting (see Section 2.10) Name:

Address:

City/State/Zip:

Telephone:

Fax

Email

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

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

3. Pursuant to Public Law 95-507, indicate which of the following classifications apply to your organization. All vendors are considered Large Business unless otherwise indicated (see website: www.sba.gov/). (Check √ all that apply.)

4. AMERICAN MADE: Wisconsin Statutes S. 16.754, directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. “Substantially equal” means when bids are tied or proposal scores are equal. Indicate whether the material covered in your bid/proposal were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.

____________ YES ____________ NO ____________ UNKNOWN

5. RECYCLED PRODUCTS/PACKAGING/DISPOSAL TECHNIQUES: The University is committed to promote environmentally sound procurement, usage and disposal methods which are in compliance with State of Wisconsin County, and Municipal regulations. Currently the University has a recycling program for starch and Styrofoam packing peanuts. The University’s preference is to receive starch peanuts whenever possible. The Contractor shall not use INSTAPAKÓ (or similar), Vermiculite or mix starch and Styrofoam peanuts under any circumstances. Each product shall be separately pre-packed in accordance with commercially accepted methods. Small products may be packaged in protective envelopes (Mail-Lite or Bubble-Jet packs).

Attachment E: Client Reference List

Bidder Name:

The Bidder must provide a minimum of three (3) business references.

1. Reference Name: Contact:

Address:

Phone #: ( ) E-mail address:

Fax/Internet address:

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

2. Reference Name: Contact:

Address:

Phone #: ( ) E-mail address:

Fax/Internet address:

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

3. Reference Name: Contact:

Address:

Phone #: ( ) E-mail address:

Fax/Internet address:

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

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

Attachment F: Standard Terms and Conditions

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

2.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. Each deviation and exception must be identified by the section, page and paragraph to which it applies. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidder/proposer shall be held liable.

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 University.

4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The University reserves the right to increase or decrease quantities to meet actual needs.

5.0 PRICING AND DISCOUNT: The University qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts.

5.1 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.

5.2 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 University 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 industry wide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements.

5.3 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).

6.0 UNFAIR SALES ACT: Prices quoted to the University are not governed by the Wisconsin Unfair Sales Act.

7.0 ACCEPTANCE-REJECTION: The University 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 interest of the State of Wisconsin.

8.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the Contractor by University. No other purchase orders are authorized.

9.0 PAYMENT TERMS AND INVOICING: The University 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.

9.1 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. Send invoices to the Accounts Payable address on the purchase order. Do not send invoices to the ship to address.

9.2 Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty (30) days after receipt of a properly completed invoice, unless the vendor is notified in writing by the agency of a dispute before payment is due.

9.3 Bidders/proposers shall include discounts for early payment (See 5.3) as a percent reduction of invoice. Invoice discounts shall be determined, where applicable, from the date of acceptance of goods and/or the receipt of invoice, whichever is later. Discounts for early payment terms stated on the bid/proposal must be shown plainly on the invoice; discounts for early payment not shown on the invoice will be taken.

9.4 Invoices submitted not in accordance with these instructions will be removed from the payment process and returned within ten (10) days.

9.5 Payment terms and invoicing for purchasing card will be made in accordance with the purchasing card contact.

10.0 TAXES: The University, an agency of the State of Wisconsin, is exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The Department of Revenue of the State of Wisconsin does not issue a tax exempt number; however, University is exempt from State of Wisconsin sales or use tax under s.77.54(9a)(a). Registration No. 39-73-1021-K, was issued by the Internal Revenue Service to authorize tax-free transactions under Chapter 32 of the Internal Revenue Code.

10.1 The University, an agency of the State of Wisconsin, 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 University 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.

11.0 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.

12.0 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 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 University.

13.0 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

14.0 ANTITRUST ASSIGNMENT: The Contractor and the University recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the Contractor hereby assigns to the University any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract.

15.0 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 University.

16.0 DISPUTES: Disputes should be addressed to the University Purchasing Office, Director of Purchasing Services, 1725 State St., La Crosse, WI 54601.

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

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

17.4 Failure to comply with…