WTC PC RFB 23-001.pdf

REQUEST FOR BID

Wisconsin Technical Colleges Purchasing Consortium

RFB-23-001

For

Apple Brand Equipment, Accessories and Related Products and Services

Issued: May 1, 2023

KEY BID DATES

RFB Issued/Released M May 1, 2023

Questions Due (in writing only, e-mail, NO verbal/telephone inquiries):

May 8, 2023 Email: vquamme@madisoncollege.edu

Due date for issuing agency to respond to questions received.

May 15, 2023

WTC-PC E-Mail Address vquamme@madisoncollege.edu

Bids DUE: (Mail or Email Responses are acceptable, with signatures.)

Responses CANNOT be faxed.

One (1) hard copy is required even if email is used for submission of the RFB response.

By 2:00 p.m. CDT on May 22, 2023

Mailed copy to be sent to:

WTC - Purchasing Consortium Attn: RFB for Apple Products 3591 Anderson St, Suite 100 Madison, WI 53704 mailto:vquamme@madisoncollege.edu

BACKGROUND / INTRODUCTION

The Wisconsin Technical Colleges Purchasing Consortium (WTC-PC) located at 3591 Anderson St, Madison, Wisconsin, 53704 is issuing this Request for Bid (RFB) for Apple Brand Equipment, Accessories and Related Supplies and Services. The Wisconsin Technical College System (WTCS) consists of 16 independent and publicly funded two-year technical college districts located at various locations within the State of Wisconsin providing associate degree programs and one or two year technical diplomas.

The WTC PC is a legal entity empowered by Wisconsin statutes to initiate contracts on behalf of the 16 WTCS college districts. The WTCS districts are not obligated to utilize WTC PC initiated contracts, and firms submitting bids in response to this RFB are hereby notified that there is no guaranteed minimum purchase volume or minimum commitment of any kind, financial or otherwise, for products or services to be purchased by any of the WTCS districts for any contract awards made by the WTC Purchasing Consortium under this RFB process.

Wisconsin state statutes allow other Wisconsin public agencies to utilize (i.e.: “piggyback”) WTC-PC issued contracts. This RFB contains a “Cooperative Purchasing Form” that should be completed by all suppliers submitting Bids for consideration. The “Cooperative Purchasing Form” contains an election area for suppliers to indicate if they would allow/permit other public agencies to utilize/piggyback the resulting award made to a supplier firm. It will be up to the individual WTCS districts and other Wisconsin public agencies to decide if they wish to purchase the products or services awarded under this RFB by the WTC

PC.

For the products and services listed specifically in this RFB, Apple brand has been identified. Apple brand is a product that many of the WTCS Colleges currently use. Colleges use other brands for their day to day operations, those brands are under other contracts and will not be considered for award under this bid or contracting effort.

Bidders are encouraged to present innovative approaches to pricing, deliveries, training or other programs that offer additional value added components to the Bidders response. These value added responses will not be considered in the award but may be considered at the time Colleges make decisions regarding which company(s) they may buy products from in the future.

Bidders should note that the WTC PC intends to make a multiple award under this process. The purpose for a multiple award is to insure coverage for all districts within the state and to gain the potential advantages of a local supplier that can be available to the districts. These advantages can include product pickup, quicker shipping or delivery, local product training and support, locally based inventory and the desire of the WTCS to support local business whenever possible. However, pricing and terms offered by all successful Bidders (“Contractors”) will be considered at the time of order so ”Best” pricing and terms should be offered by all Bidders at the time of their original RFB submission.

Note: Awards for this bid will only be made to companies who are authorized by Apple to provide products and services available from Apple. Bidders must provide information (and documentation when available) showing they are authorized, at what level, and any limitations the level of their relationship with Apple may have in regard to Customer usage of this Bid Contract.

This RFB document includes a listing and map of member districts showing locations throughout the state and identifies those colleges which currently may use Apple products in their schools. Bidders should identify to which districts they would be willing to provide the products and services identified in the RFB.

Bidders may choose as many of the districts as they wish but should only identify those for which they are willing to offer all of the terms and conditions of the RFB including pricing, programs, Customer Service and Sales Support.

Each Customer (WTCS districts or other public agency) is responsible in accordance with its individual rules, award and contracting procedures, to contract with the successful supplier(s) and shall also be responsible for scheduling and managing its own contracts to the awarded firm(s), receiving and approving services received, verifying invoices and making payments. Any disputes or issues raised with the Contractor by any Customer using the WTC PC contract will be handled by that respective public agency directly with the Contractor, and these issues and disputes will not be the responsibility of the WTC PC making the contract award.

Definitions:

The following definitions are used throughout this Request for Bid:

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

Contractor means successful Bidder awarded under this RFB process.

Customer means any Campus or Department using this RFB contract.

MBE means Minority Business Enterprise.

P-Card means Procurement Card (Campus credit card).

RFB means Request for Bid.

WTCS means Wisconsin Technical College System.

WTC PC means the Wisconsin Technical Colleges Purchasing Consortium

Customer Defined: Customer is any WTCS College District, or other Wisconsin public agency, or any other public agency outside of the state of Wisconsin that by its own rules and regulations is authorized to piggyback this WTC PC agreement.

Term of Contract: The resulting term of contract from this RFB will be for a base period of three

(3) years, with the option for four (4) individual one year term renewals to occur for a total maximum term not to exceed seven (7) years.

Multiple Awards: It is the intent of this RFB to be awarded to multiple Bidders at the discretion of the WTC PC. Multiple awards will be based on a variety of factors including pricing and bids offered, breadth of products and services offered, authorization of the Bidder to provide Apple products and services, relative need in a geographic area and location of the Bidder in proximity to WTCS districts that might purchase products or services under this contract.

One (1) Year Probationary Period: Any Contract awarded by the WTC PC under this RFB process or any Customer using this RFB Contract will be contingent upon a one (1) year probationary period. The participating agencies utilizing Contractors under this RFB will have the option “at will” to terminate any Contractor it considers in the first year of service as not performing to expected levels of service, quality, cost, competence, qualifications, or any other term or condition included in this RFB Contract.

BID SUBMISSION REQUIREMENTS

1. CLARIFICATIONS – Any and all questions regarding this RFB must be submitted in writing only to the WTC Purchasing Consortium via e-mail to: vquamme@madisoncollege.edu . Verbal inquiries will NOT be accepted.

The “issuing agency” for this RFB is the Wisconsin Technical Colleges Purchasing Consortium, with its address as follows:

WTC Purchasing Consortium

3591 Anderson St

Madison, WI, 53704

No information provided verbally, or by any other WTCS or WTC PC personnel will be considered binding for this agreement unless formalized in writing. All respondents should use this written document and its attachments as the sole basis for preparing and submitting Bids.

Additionally, this RFB prohibits communication related to this RFB initiated by the Bidder to any Agency, official, or representative from another entity or employee evaluating or considering the Bids, prior to the time an award decision has been made by the WTC Purchasing Consortium.

2. CONTENTS OF BID - All attachments, additional pages, addenda or explanations supplied by the vendor with this Bid will be considered as part of the Bid response.

3. NON-CONFORMING TERMS & CONDITIONS - A response that includes contractual terms and conditions that do not conform to the contractual terms and conditions in the RFB document are subject to rejection as nonresponsive. The WTC PC reserves the right to permit the Bidder to withdraw nonconforming terms and conditions from its response or to negotiate changes to the contractual requirements prior to making a determination of responsiveness and award. Submission of a Bidders contract as a complete replacement to the terms and conditions of this RFB Contract agreement will not be accepted and may be grounds for disqualification of the Bid offered.

4. ALTERNATE BIDS - An alternate Bid is viewed as a Bid describing an approach to accomplishing the requirements which differs from the approach set forth in the solicitation. An alternate Bid may also be a second Bid submitted by the same Bidder, which differs in some degree from that Bidders prime Bid. An Alternate Bid should be clearly marked as “ALTERNATE BID”.

The WTC PC may consider or reject any or all alternate Bids submitted.

5. ACCEPTANCE OR REJECTION OF BIDS - This RFB does not commit the WTC PC or any participating public agencies to award a contract, to pay any costs incurred in the preparation of a response to this request, or to procure or contract for services or supplies as a result of this RFB process. The WTC Purchasing Consortium reserves the right to accept or reject any or all Bids received as a result of this request, to waive any minor irregularities in the process or procedure, to negotiate with any qualified source, or to cancel in part or in its entirety, this RFB, if it is considered to be in the best interest of the WTC PC or participating agencies to do so.

6. NON-INTEREST OF AGENCY EMPLOYEES AND OFFICIALS - No official or employee on the Bid Team shall have any financial interest, either direct or indirect, in the Bid or contract. No official or employee of the Bid Team shall exercise any undue influence in the awarding of the Bid or contract.

7. AMENDMENT OF BIDS –

a. By the WTC Purchasing Consortium: Requests for Bids may be amended by the WTC PC in response to a need for further clarification, specifications, or requirements changes, new opening date, or any other changes need to clarify the RFB or to allow for answers to Bidder questions.

The WTC PC will provide any changes or addendums to this RFB to all of the Bidders using the same methods as originally used for posting along with using www.demandstar.com

b. By Vendor: Bids may be amended after receipt but before opening by the WTC PC by submitting a later dated Bid that specifically states it is amending an earlier submitted Bid.

No Bid may be amended after the RFB due date unless requested by the WTC PC.

8. RFB TABULATIONS/ABSTRACTS - RFB Tabulations are available to the public after date of contract award, and normally within 60-90 days from the date of RFB opening (RFB Due Date). In some situations, RFB tabulations may be completed early and be available for public review on the date of contract award(s).

9. WTCS DISTRICTS AUTHORIZED TO PURCHASE SERVICES UNDER THIS RFB: This Request for Bid contract may be used by and available for up to sixteen (16) Wisconsin Technical Colleges. There is a potential that any or all of the 16 colleges may use the contract for services awarded under this RFB. In addition, other Wisconsin public agencies may elect to use the services awarded by this RFB, unless the Bidder specifically indicates otherwise on the “Cooperative Purchasing Form” included with this RFB. Use of the contract by any Customer will be based on need, costs and funding availability. Use of the contract resulting from this RFB process relieves the Customer from processing Bids or Bids on an ongoing basis for purchases made routinely for their operations.

The names and locations of the 16 WTCS technical college districts are as listed below:

Blackhawk Technical College (Janesville area) Chippewa Valley Technical College (Eau Claire) Fox Valley Technical College (Appleton) Gateway Technical College (Kenosha) Lakeshore Technical College (Sheboygan area) Moraine Park Technical College (Fond du Lac) Madison Area Technical College (Madison) Mid-State Technical College (Wisconsin Rapids) Milwaukee Area Technical College (Milwaukee) Nicolet Area Technical College (Rhinelander) North Central Technical College (Wausau) Northeast Wisconsin Technical College (Green Bay) Waukesha County Technical College (Waukesha) Western Technical College (La Crosse) Northwood Technical College (Shell Lake) Southwest Wisconsin Technical College (Fennimore)

(See attached map and listing of districts for Bidders choice of Customers to be included).

10. Choice of Contractors:

Once this contract is awarded, the Customer reserves the right to choose Awarded Contractors for products purchased or service work based on (not in any specific order and related to each individual project):

• Prior experience with Contractor

• Cost per contract

• Availability of staff for support and training as needed

• Additional products or services provided and available

• Project managers

• Availability of inventory, product pickup options available http://www.demandstar.com/

• Compatibility with existing equipment already in use.

• Breadth of product and services being offered by the Bidder

• Level of Authorized Reseller relationship with Apple

The WTCSPC and individual Customers reserve the right to conduct pricing exercises/quote or Bid requests to any or all of the Contractors available. Choice of Contractors will be based on price along with the bulleted items above.

It may be that individual Campuses or Customers will do pricing exercises to establish a “Prime

Contractor” for a determined period of time (e.g. 6 months) and then use that contractor for that period for projects identified by size and complexity.

If pricing exercises or quotations/Bids are requested:

• Quotations are considered firm and must be complete including all estimated costs for services and any supporting consumables (No surprise costs.)

• Quotations submitted by the Contractor(s) must be at least at the rates offered by the Contractor in their RFB but may be less based on the size of the project and the Contractor’s choices.

• If a Contractor fails to do these on an ongoing basis, the result may be:

not being included in future pricing exercises invoices may be disputed contract with the individual non-performing Contractor may be terminated

Bidders should note that these pricing exercises are at the discretion of the Customer. Bidders should not expect that pricing exercises will be done for every or any purchase of products or services and should provide their best pricing with their original bid response.

11. BID SUBMISSION DUE DATE: Bidders may submit their RFB in an emailed or mailed version. Fax versions will not be accepted. Bidders must provide one hard copy sealed Bid even if they choose to email their RFB. The RFB responses are due at the WTC Purchasing Consortium office (emailed or mailed) by 2:00 PM on May 22, 2023. Bids received after the specified date and time will be rejected.

12. REQUIRED FORMS TO SUBMIT BID INFORMATION: No Bid will be accepted on any other form(s) than those herewith specified and/or provided with this RFB.

13. EMAILED RFB RESPONSES: For Bidders providing their response by email, it must be emailed to vquamme@madisoncollege.edu. Bidders choosing this option must also send a hard copy version to the address identified above.

14. EXCEPTIONS TO BID SPECIFICATIONS AND TERMS: Any exceptions to the Bid specifications and terms must be clearly documented on an attachment sheet to this Bid form and indicated as “Exceptions to Specification and Terms”. The WTC PC reserves the right to determine if any noted exceptions or qualifying statements indicated in a Bid are in the best interest of the WTC PC and participating agencies, and reserves the option to reject individual Bids on the basis of Exceptions to Specifications and Terms.

Submittal of a complete contract replacement or substitution for the terms and conditions of this RFB Contract will not be acceptable and may be grounds for rejection or disqualification of the Bid submitted.

15. RIGHT TO REJECTION OF BIDS: The WTC PC reserves the right to reject any portion of a Bid, or the complete Bid, or all Bids, and to waive any informality in Bids received when such rejection or waiver is considered to be in the best interest of the WTC PC or any participating WTCS districts.

16. COOPERATIVE PURCHASING AGREEMENT: The Contract use by Customers other than WTCS Customers will be subject to suppliers completing and providing with their Bids a signed “Cooperative Purchasing Agreement” form (enclosed) to indicate the Bidders willingness to extend contract pricing and terms mailto:vquamme@madisoncollege.edu.

to other eligible public agencies and entities in the State of Wisconsin wishing to “piggyback” this contract.

17. QUALIFIED SUPPLIER CERTIFICATION FORM: Included with the Bid documents is a “Qualified Supplier

Certification Form” that must be completed properly and submitted with the required Bid documents in order for the Bidder to have a complete Bid for consideration. Only Bids from qualified suppliers shall be considered. This form must be signed and be included with the Bid response by the specified Bid due date and time.

18. QUESTIONS – MUST BE IN WRITING ONLY: Questions concerning this RFB must be in writing only and should be e-mailed to vquamme@madisoncollege.edu.

19. WARRANTIES: All products and services provided under this contract must have a minimum of a 1 (one) year full warranty coverage. Any warranty provided must start at the date of the full commissioning of the equipment involved. Any product and services provided by the supplier will be warranted to levels of quality and professionalism as is considered “customary and usual in the industry” for the products and services being purchased under this contract. At a minimum, any products sold must have the Manufacturers Standard Warranty available. Failure of a Contractor to warrant their product or work to customary and usual standards for quality and service may be grounds, at the discretion of that public agency, to terminate its purchase of products and services from the Contractor. Contractor must identify their warranty terms for Manufacturers bid and should provide corresponding warranty documents with their RFB.

20. RIGHT TO ADDENDUMS: The WTCS Purchasing Consortium reserves the right to amend the terms and specifications of this RFB as necessary during the RFB process. In the event of any formal published changes to the terms and/or specifications of this RFB, notice will be posted on the website www.demandstar.com. It will be the responsibility of the Bidder to register for DemandStar to receive any notifications of any addendums, notices or changes applying to the RFB. Notification registration can be made free of charge at www.onvia.com/wapp, DemandStar is a division of Onvia. Registration on the Demandstar system allows the Bidder to be notified of other future RFB or Bid processes posted on Demandstar by other users of the Demandstar tool.

21. AMENDMENTS TO CONTRACT TERMS AND CONDITIONS: The WTC PC and other participating agencies purchasing the contracted products or services resulting from this RFB reserve the right to change, modify, or cancel the terms of a contract by providing the Contractor a minimum of thirty (30) days advance written notice. Any and all changes to the terms and conditions of a contract with a Customer will be binding only through formal written addendum. In instances of contract breach by a Contractor, or in instances where the actions or products of a Contractor pose a health risk or safety issue, contract termination can occur immediately with no advance notice provided to the Contractor. (See Contract Termination below).

22. REQUEST FOR FINANCIAL STATEMENTS: T h e WTC PC and Participating agencies may request financial statements containing three (3) years of Profit and Loss statements, Balance Sheets, and other financial documents for purposes of evaluating the financial ability of firms to provide the scope of service and support required by this RFB. Copies of supplier’s Certified Auditor Statements may be requested. In the event such financial information is required for the evaluation of Bids, such will be requested in writing to the supplier by the WTC PC. WTC PC reserves the right to review other and alternate sources of financial record including Equifax, Dunn and Bradstreet and any other third party reporting organizations available.

23. EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS: For purposes of any contract issued by the WTC

PC, the supplier is to comply with Executive Order 11246 entitled “Equal Employment Opportunity” as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60).

24. ADDITIONAL ITEMS: Over the course of the contract term, successful Bidders (“Contractors”) may add additional products and services to the contract as long as the additional items match the scope of the contract and are at the same or better discounts being bid. These additional items will be added based on a request by the Contractor and the review, negotiation as needed and approval by the WTC PC Contract Administrator.

25. Withdrawal of Bids: Bids may be withdrawn by the Bidders any time prior to the due date of the Bid. These http://www.demandstar.com/ http://www.onvia.com/wapp

Bids will not be opened or considered. Bidders may request that their Bid be withdrawn after the due date and time, however, these will be opened and will become part of the public record at the point the RFB process is completed. Negligence on the part of the Bidder in preparing the Bid does not allow for any right of modification of the Bid after the due date for submission.

26. Firm Bids: All terms and conditions of the Bids submitted (including price) are to be firm for a minimum of one hundred and eighty (180) days from the award of the contract. Any price increase request (or other proposed change in any of the contract terms) must be requested in writing and must have a written justification showing why the price change or other term change is being requested. WTCS reserves the right to review any existing index or other third party measure to verify information provided by the Contractor under these conditions. The WTC PC will accept or reject the proposed change in contract and reserves the right to negotiate terms with the Contractor based on the best interests of the WTCS. Any exceptions shall be fully noted. The purchase of services or products under this contract is contingent on budget availability for the WTCS campuses or participating agencies.

27. Level of Competing Bids Received: The WTC PC reserves the right to reject all Bids received and resubmit the RFB if it feels an adequate level of competition was not obtained; if specifications/terms did not allow for a sufficient level of competing Bids to be received, if desired specifications, features, or standards were not acceptable or if Bids of sufficient quality or completeness were not received.

28. Liability: The WTC PC incurs no liability for any cost the Bidder may have incurred in preparing and submitting a Bid in response to this RFB.

29. Bidder Presentations: Upon receipt of all Bids meeting the conditions outlined in this RFB and arriving by the specified due date and time, the WTC PC reserves the right at its sole discretion to meet with Bidders that it considers to be in the best interest of the WTC PC, to do presentations or clarify details of their Bids. If an oral presentation is required of selected finalists, it shall be at the Bidder’s expense. However, an award for this RFB process may be made without Bidder presentations. Therefore, it is recommended that Bidders submit a “best effort” initially presenting the most favorable terms, from both a technical and cost standpoint.

30. Right to Negotiate Contract Terms: The WTC PC and participating agencies reserve the right to negotiate terms including scope of work, pricing, and terms and conditions with Bidders prior to final award of the RFB process and entering into a final contract agreement.

31. Public Inspection of Bids: To maintain the integrity of the competitive Bid process, Bids received from suppliers will NOT be made available to other competing suppliers or to individuals or firms outside of the

WTC PC Bid contract team until an award decision has been made.

32. Certificate of Insurance: A current Certificate of Insurance evidencing appropriate amounts of liability insurance coverage with a bonded agent or carrier is required to be submitted by the supplier/contractor or be on file at the Customer (WTCS district or other public agency) office prior to any employee, agent, or subcontractor of the contractor performing any work on the Customer’s premises. For WTCS Colleges, the

Certificate of Insurance will name the WTCS as “additional insured”. For all other Customers, it will be the responsibility of the Contractor and Customer to identify the requirements of that Customer and the insurance certificate required for them.

33. State Sales Tax and Federal Excise Tax Exemption: Notice is hereby given that the WTC PC and 16

WTCS districts are Wisconsin municipalities and are exempt from state sales taxes and federal excise taxes.

Such taxes should not be included in prices or quotes proposed to the WTC PC and will not be paid by the

WTCS or participating agencies for products or services received.

34. References: The WTC PC will value the Bidders quality and abilities based on comments and reviews of the supplier’s product and/or services as provided by references. As a part of the Bidders response, they should provide a minimum of 3 references of Customers of similar size or type to the WTCS campuses to be served by this contract.

35. Assignment or Subcontract or use of Resellers/Dealers/Distributors: Neither party shall assign a right or interest, delegate or subcontract any obligation required under this contract without the written consent of the other party.

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

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

Subcontractors and Resellers must abide by all terms and conditions under this Contract including price.

If Subcontractors or Resellers are to be used, the Contractor must identify the Subcontractor and clearly describe and explain their participation in support of this contract.

36. DEMANDSTAR Vendor Registration: Suppliers wishing to participate in this and additional quoting opportunities with WTC PC can register for free and at no charge at http://www.onvia.com/WAPP to access requests for Bids, quotes and bids submitted from the WTC PC.

37. Contract Termination:

The WTC PC and may terminate this Contract at any time, without cause, by providing 15 days written notice to the Contractor. If the Contract is so terminated, the WTC PC/Customer is liable only for payments for products provided or services performed, to the extent that any actual direct costs have been incurred by the

Contractor pursuant to fulfilling the contract. The WTC PC/Customer will be obligated to pay such expenses up to the date of the termination.

Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing of such failure and demand that the same be remedied within 15 calendar days. Should the defaulting party fail to remedy the same within said period, the other party shall then have the right to terminate this Contract immediately. Performance failure can be defined as but not limited to: continued failure to provide products and services on agreed upon dates, failure to provide call backs on a timely basis, continued failure to respond to on call requests, damage to Customers equipment or property, theft of Customer or

Customers employee property, failure to provide products or services to specifications, inappropriate actions, comments or behavior of staff persons while on Customer sites, failure to provide support personnel able to respond to status or performance issues or failure to provide any of the Terms, Conditions, Specifications or

Special Conditions of Bid.

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

Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for

Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in

Standard Terms and Conditions, Section 22.0, the WTC PC has the right to cancel and terminate the

Contract without notice.

If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed and http://www.onvia.com/WAPP such appointment is not vacated within 90 calendar days, the WTC PC has the right, in addition to any other rights of whatsoever nature that it may have at law or in equity, to terminate this contract by giving

10 calendar days notice in writing of such termination.

All notices of performance failure must be submitted in writing to WTC Purchasing Consortium 3591

Anderson St, Madison, WI 53704. WTC PC shall be final authority for all performance failure determinations not resolved through the ordering department.

CONTRACTUAL REQUIREMENTS

The terms listed in this Section (Contractual Requirements) shall be the minimum required in any contract with a participating public agency for services awarded under this RFB. Additional and/or more stringent terms may be negotiated by the Customer using the Contract.

1. INSURANCE – Insurance requirements or submission of a Certificate of Insurance IS REQUIRED for this contract. A

Certificate of Insurance must be submitted by the Contractor to the WTCS and to any Customer utilizing this contract as a condition to performing any work on the Customer’s site location. The Certificate of Insurance must also list the WTCS initially and any Customer as “additional insured” upon their request. Minimal required insurance levels is as follows:

General Liability…………………………. $1,000,000 Automobile Liability…………………….. $1,000,000 Workman’s Compensation……………..to Wisconsin state minimum requirements

2. APPLICABLE LAW – This contract will be governed by Wisconsin State Statute and the provisions of the Uniform

Commercial Code (UCC). The WTC Purchasing Consortium and other public agencies participating on the contract are provided all rights and remedies of contract as afforded under the UCC for the State of Wisconsin, and include all rights and protections afforded public institutions under the laws of Wisconsin and any federal laws or statutes that apply.

3. NONDISCRIMINATION - In connection with the performance of work under this agreement, the Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, marital status, sexual orientation, sex, disability, national origin or ancestry.

4. ASSIGNMENT OR SUBCONTRACT - This contract may not be assigned or subcontracted by the Contractor without the written consent of the WTCS or any Customer using the contract.

5. INDEPENDENT SUPPLIER STATUS - The Contractor agrees that it is an independent supplier with respect to the products and services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties.

6. AMENDMENTS TO CONTRACT - This contract may be modified only by written amendment to the contract, signed by both parties.

7. MULTI-YEAR CONTRACTS – Continuation of the contract resulting from the RFB process beyond June 30th of any year is contingent upon the appropriation of funds by the proper officials of each Customer.

8. WAIVER - One or more waivers by any party of any term of the contract will not be construed as a waiver of a subsequent breach of the same or any other term. The consent or approval given by any party with respect to any act by the other party requiring such consent or approval shall not be deemed to waive the need for further consent or approval of any subsequent similar act by such party.

9. AUDITOR ACCESS - In the event that the Customer deems it necessary to conduct an audit or inspection, the Contractor shall, during normal business hours, furnish or make available at a time designated by the Customer and in a reasonable form required by the Customer, information, records and reports regarding powers, duties, activities, organization, property, financial transactions, method of operation, or any and all other records, reports or information in supplier’s custody or control, relating to this contract and to the Customer.

Any information provided to the auditors, which is deemed confidential by federal, state or local laws shall be held as confidential and not disclosed to the public.

10. INDEMNIFICATION AND DEFENSE OF SUITS - The Contractor agrees to indemnify, hold harmless, and defend the

WTC PC, its members and any Customer, its officers, agents and employees from any and all liability including claims, demands, damages, actions or causes of action, together with any and all losses, costs, or expense, including attorney fees, where such liability is founded upon or grows out of the acts, errors, or omissions of the Contractor, its employees, agents or Subcontractors.

11. FORCE MAJEURE. If the performance of any part of this Contract by either party is delayed or rendered impossible by reason of natural disaster, flood, fire, riot, explosion, war or actions or decrees of governmental bodies, the party who has been so affected shall immediately give notice to the other party of the nature of such conditions and the extent of delay and shall do everything possible to resume performance. Upon receipt and acceptance of such notice, all obligations under this Contract shall immediately be suspended. If the period of nonperformance exceeds twenty-one (21) days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been so affected may by giving written notice, terminate this Contract.

12. TERMINATION OF CONTRACT FOR CAUSE - If through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the Customer shall thereupon have the right to terminate this Contract by giving written notice to the Contractor specifying the effective date thereof, at least five days before the effective date of such termination.

Notwithstanding the above, the Contractor shall not be relieved of liability to the Customer for damages sustained by the Customer by virtue of any breach of the contract by the Contractor, and the Customer may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due to the Customer from the Contractor is determined.

13. CONTRACT – Any agreement or contract above and beyond this RFB Contract shall be on forms supplied by the respective

Customer and may be negotiated with the WTCS Member Campus or the Customer independently of this agreement. Each Jurisdiction that utilizes any resulting contract award from this RFB will be responsible in accordance with their individual award procedures, to execute a contract to the Contractor (s) and shall also be responsible for managing their own respective projects, verifying invoices, and making payments.

14. INVOICES/PAYMENTS -

Customers not using a credit card for payment may elect to pay invoices either by ACH or by check.

Payment terms are to be negotiated between the Contractor and the Customer. Bidders should state in their RFB response if they will include any discounts for earlier payment, for example, 1% 10 days/Net 30.

Credit Card for payment processing. Some WTCS Customers and other Customers who may use this contract already have procurement card ordering programs in effect. Others have noted their willingness to consider transitioning to a credit card program. The Contractor will need to negotiate with the Customer a billing and payment system that will best meet both parties needs. Note, WTCS Colleges are exempt from State of Wisconsin sales tax per State Statute 77.54(9a).

15. SOFTWARE/FIRMWARE MAINTENANCE AND UPGRADES-

Bidders must provide information showing how maintenance is provided for any equipment and software/firmware provided under this contract and what related costs will be for this maintenance. Along with this information, Bidders must provide information for how upgrades are handled and if there are any related costs to those. The WTCS does not accept “escalators” without supporting documentation or information supporting the price increase and reserves the right to deny price increases or to negotiate them to a mutually agreed amount.

16. IT SECURITY-

WTCS Customers continue to use the most current versions of software, remote operations, remote review of student efforts and the use by students of remote manipulation of equipment. Bidders must provide information showing how they protect themselves and their Customers from potential breaches of software or cloud based applications. To the extent possible, this information should include information showing response plans, firewall specifications, experience by the Bidder in this area and successful management of efforts in this area.

17. F.O.B. DESTINATION

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

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

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

Itemized Bid List. This additional cost will be added to the bid total and will serve as an additional consideration in the basis for determining the award.

Failure to bid FOB DESTINATION delivery charges and risk of loss borne by the Contractor in bid price or discount may disqualify your bid.

RFB/Contract Award Timeline:

May 1, 2023 Mail/Notification of RFB May 8, 2023 Latest date for written questions to be received from suppliers May 15, 2023 WTC Consortium to respond to questions from suppliers May 22, 2023 RFB due @ 2:00 PM CDT, 1 hard copy required (no fax) May 29, 2023 (anticipated): Contract Award Decision is made

EVALUATION OF BIDS – BID CRITERIA

References and Relevant Project Experience: References should be identified by the Bidder listing Customers of similar size, locations near the Bidders locations, municipal or governmental types of Customers or Customers using Ecommerce methods with the Bidders Company. References will be considered based on the needs and requirements of the WTCS system will be reviewed and scored by the WTC Contract Team.

Method of Bid: Bidder must submit a percent discount for each category of Equipment, Services or Accessory Catalog identified on the Itemized Bid List. Discounts should be for Destination Delivery only. The discount percentages used will be the percentage used as a minimum discount percentage for purchases going forward with this contract.

Bidder shall submit with their bid copies of the Manufacturers most current Government Customer published price list. Bidder must identify by title and date which price list is being used. Discounts bid must be rounded to whole numbers, (e.g., 54% or 48%, NOT 54.2% or 48.1%) from the price list. Failure to provide the rounded discount as requested may result in rejection of your bid.

If there is more than one price list, each price list and the related discounts should be identified. If the price list(s) has more than one price column, Bidder must identify from which price column discounts are taken.

Method of Award:

Award(s) shall be made based on the largest discounts offered per manufacturer bid by the Bidder.

The WTC PC contract team will review Bids received and award them based on the criteria identified above. It is the intent to award contract(s) to Contractors for the use of the WTCS and non-WTCS Customers located throughout the State of Wisconsin. The WTC PC reserves the right to award to multiple Bidders per District location to insure coverage and support for each district. It may be that a Bidder is awarded one district only or may be awarded more than one district based on their RFB pricing, response and identification of districts the Bidder is willing to serve under the terms of the RFB contract. It is intended that awards will be made to Distributor/Dealers per district but the WTC PC reserves the right to award to Manufacturers with the Manufacturers identifying Dealers or Distributors that will service the different districts. If the second award model is used, the Dealer/Distributor network will be required to comply with all of the terms and conditions (including pricing) of this RFB document.

District Choice by Bidder:

Bidders should consider the map below and choose by X those districts on the list that they would be willing to offer all of the terms and conditions (including price) for this RFB Contract.

• Blackhawk _____

• Chippewa Valley _____

• Fox Valley _____

• Gateway _____

• Lakeshore _____

• Madison Area _____

• Mid-State _____

• Milwaukee Area _____

• Moraine Park _____

• Nicolet Area _____

• Northcentral _____

• Northeast Wisconsin _____

• Southwest Wisconsin _____

• Waukesha County _____

• Western _____

• Northwood (Formerly WITC _____ http://www.blackhawk.edu/ http://www.cvtc.edu/ http://www.fvtc.edu/ http://www.gtc.edu/ http://www.gotoltc.edu/ http://madisoncollege.edu/ http://www.mstc.edu/ http://www.matc.edu/ http://www.morainepark.edu/ http://www.nicoletcollege.edu/ http://www.ntc.edu/ http://www.nwtc.edu/ http://www.swtc.edu/ http://www.wctc.edu/ http://www.westerntc.edu/

Apple Brand Equipment, Accessories, and Related Products and Services

RFB 23-001

COOPERATIVE PURCHASING FORM

Wisconsin statutes establish authority to allow Wisconsin Municipalities to participate in cooperative purchasing when the Contractor agrees to extend the Contractor’s terms to the Municipalities identified. Participating in Cooperative Contracting gives Contractors additional opportunities for increased sales volume without additional bidding. Municipalities use Coope ra t i ve C on t rac t i n g to expedite purchases. A "municipality" is defined as any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public contracts (s. 16.70(8), Wis. Stats.).

Interested municipalities will contact the contractor directly to place orders and are responsible for receipt, acceptance and inspection of products or services from the contractor, and making payment directly to the contractor. WTCS-Purchasing Consortium, in serving as the lead agency initiating this cooperative purchasing program on behalf of other Wisconsin Technical Colleges, is not party to any disputes arising from purchases made by any Municipality or not-WTCS Customer, and is not liable for payment for purchases made by any other

Customers using this contract.

I Agree to make the products or services of this Bid available to Wisconsin municipalities with all of its Terms and Conditions including pricing offered in the RFB response :

_____ Wisconsin Technical Colleges (WTCS Members)

_____ Private State of Wisconsin Colleges

_____ University of Wisconsin System

_____ Wisconsin K-12 Schools

_____ Wisconsin Municipalities (Non Educational)

Note any conditions or exceptions for acceptance to the cooperative purchasing groups identified above.

I Do Not Agree to make the products or services of this bid/Bid available to other Customers outside the WTCS Purchasing Consortium membership.

Signature Date (mm/dd/yyyy)

Name (Type or Print) Title

Email:

Company Tel: ( )

Fax: ( )

Address (Street) City State ZIP + 4

Commodity/Service Request for Bid/Bid Number

Qualified Supplier Certification and Proof of Responsibility Statement

In submitting this Bid, I certify that I am a “Qualified Supplier” for providing the items and/or services outlined in this Request for Bid. I agree to the following by initialing the Qualifications identified:

A. Our company has been in business for at least 3 years.

B. Our company is an authorized sales and servicing dealer for any and all equipment or items provided under this RFB.

C. Our company maintains a permanent place of business and is licensed to do business in the United States.

D. _________ Our company is not presently debarred or disqualified by any Federal Agency, the Wisconsin

Department of Administration or by any other State Agency for noncompliance with any equal opportunity, tax related or affirmative action requirements.

E. ____ In connection with the performance of any work covered by this RFB, we agree not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical conditions, developmental disability, sexual preference or national origin.

Request for Bid Checklist

In addition, the following items must be submitted by the due date and time for your Bid to be considered as “complete” and meeting the RFB requirements for consideration. If any of the items listed are not returned in a complete form, it may be grounds for rejection of the

Bid as being “Non-Responsive”.

_________ Qualified Suppler Certification and Checklist Page

_________ Product Pricing and Cost Summary Page(s)

_________ Bid Signature Page

_________ Narrative Response to Evaluation of Bids-Bid Criteria

Itemized Bid List

Bidders must complete the pricing form below and provide percentage discounts for all of the items/categories listed. Alternate pricing models, if offered, must be identified as alternates. Bidders may include an alternate product pricing schedule or page in addition to the pricing offered for the list of products below. The alternate pricing may be considered in the award but will be used for ordering if the Customer determines that the alternate pricing model will meet their needs and existing equipment and programs at their facilities. Bidders may also list discount percentages for categories not listed. The percentages offered will remain firm for the length of the contract. List prices may change based on the “FIRM PRICING” terms listed above.

Please note the category listing below is representative of the purchases made by the WTCS colleges and is used for price comparisons only. This categories list includes products that were purchased over the past year or that may be purchased over the next year. Actual purchases made by any Customer using the contract may change and the WTC PC makes no guarantee for the amount of any product or service that might be purchased over the course of the contract.

Bidders must provide percentage discounts for as many of the categories identified (or offer alternate products) as FOB Destination

Category Description Discount Percentage

Used Price List Used name and date

1. Hardware-Laptops

2. Any Accessories

3. Training

4. Install Support

5. Other not listed

6. Other not listed continued

Bidders should provide their warranty coverage below by category.

Request for Bid 23-001

Apple Brand Equipment, Accessories and Related Products and Services

Signature Page

By submitting a Bid in response to this Request for Bid process, the Bidder agrees that they have read, fully understand and agree to all terms, conditions and specifications and acknowledge that the WTC PC RFB document on file shall be the controlling document for any resulting contract. We certify that we have not either directly or indirectly, entered into any contract or participated in and collusion or otherwise taken any action in restraint of free competition , that no attempt has been made to induce any other persons or firm to submit or not to submit a Bid, that this Bid has been independently arrived at without collusion with any other Bidder, competitor or potential competitor, that this Bid has not been knowingly disclosed prior to the…