null 8566334

SPECIAL CONDITIONS OF BID
TABLE OF CONTENTS
SECTION
1
2
3
4
SUBJECT
PAGE #
GENERAL INFORMATION ....................................................................................................... 2
1.1
DEFINITIONS ...........................................................................................................................................................2
1.2
CONTRACT TERM .....................................................................................................................................................2
1.3
COOPERATIVE PURCHASING/VENDOR AGREEMENT.........................................................................................................2
BIDDER QUALIFICATIONS AND REQUIREMENTS ..................................................................... 2
SPECIFICATIONS .................................................................................................................... 3
SPECIAL TERMS AND CONDITIONS ......................................................................................... 3
4.1
SAMPLES ................................................................................................................................................................3
4.2
CONTRACT QUANTITIES/NEW OR DELETED ITEMS ..........................................................................................................4
4.3
DELIVERY ................................................................................................................................................................4
4.4
FREIGHT CHARGES ....................................................................................................................................................4
4.5
SHIPMENTS, DUPLICATES AND OVER SHIPMENTS............................................................................................................5
4.6
WARRANTY .............................................................................................................................................................5
4.7
SUBCONTRACTING OR THIRD PARTY PAYMENTS .............................................................................................................5
4.8
LIQUIDATED DAMAGES..............................................................................................................................................5
4.9
FIRM PRICES ............................................................................................................................................................5
4.10 ORDERS .................................................................................................................................................................6
4.11 INVOICING REQUIREMENTS ........................................................................................................................................6
4.12 REPORTING REQUIREMENTS .......................................................................................................................................6
4.13 ORDER OF PRECEDENCE.............................................................................................................................................7
5
6
7
BID PROCEDURE AND INSTRUCTIONS .................................................................................... 7
5.1
REASONABLE ACCOMMODATIONS ...............................................................................................................................7
5.2
QUESTIONS .............................................................................................................................................................7
5.3
BID SUBMISSION ......................................................................................................................................................7
5.4
METHOD OF BID ......................................................................................................................................................8
5.5
MULTIPLE BIDS ........................................................................................................................................................8
5.6
BID RESPONSE REQUIREMENTS ...................................................................................................................................8
5.7
INCURRING COSTS ....................................................................................................................................................9
5.8
VENDORNET REGISTRATION .......................................................................................................................................9
BID OPENING, ACCEPTANCE AND AWARD ............................................................................. 9
6.1
BID OPENING ..........................................................................................................................................................9
6.2
BID ACCEPTANCE .....................................................................................................................................................9
6.3
METHOD OF AWARD ................................................................................................................................................9
6.4
MINORITY BUSINESS PARTICIPATION ..........................................................................................................................10
6.5
DISABLED VETERAN OWNED BUSINESS .......................................................................................................................10
6.6
TERMS AND CONDITIONS .........................................................................................................................................11
6.7
CONTRACT CANCELLATION .......................................................................................................................................11
6.8
CERTIFICATION FOR COLLECTION OF SALES AND USE TAX ...............................................................................................12
ATTACHMENTS.....................................................................................................................12
WISCONSIN DEPARTMENT OF
Transportation
1
BID # 270650
Page 2 of 18
GENERAL INFORMATION
The Wisconsin Department of Transportation (WisDOT or DOT), through its Purchasing Unit (Purchasing),
requests bids to establish a contract for the purchase of high visibility raincoats for WisDOT State Patrol.
Retain a copy of these bid documents and any addenda for your files. The Request for Bid (RFB)
documents and the awarded bidder’s response shall become the contract unless a separate contract is
executed.
The resulting contract shall be governed by the attached Standard Terms and Conditions unless
specifically modified in this RFB document. Conditions of bid that include the word "must" or "shall,”
describe a mandatory requirement.
2
1.1
Definitions
The following definitions are used throughout the RFB documents:
Agency: The Wisconsin Department of Transportation
Bidder/Vendor: A company or individual submitting a bid response to this RFB
Contractor: Bidder awarded the contract
Department: The Wisconsin Department of Transportation
DOT or WisDOT: The Wisconsin Department of Transportation
P-Card: Procurement card (State credit card)
State: The State of Wisconsin
1.2
Contract Term
The initial term of this contract shall be the date of award through one year after date of
award, with three (3) one-year renewal options. Any extension must be authorized by mutual
agreement of the vendor and WisDOT.
1.3
Cooperative Purchasing/Vendor Agreement
Wisconsin Statutes (s. 16.73, Wis. Stats.) established authority to allow Wisconsin
municipalities to purchase from State contracts. For cooperative bidding purposes, a Vendor
Agreement is highly desired for bid 270650. Form DOA-3333 is attached, please complete and
return with your bid. By agreeing to extend the contract to other law enforcement in
additional state agencies and municipalities, additional units may be purchased.
BIDDER QUALIFICATIONS AND REQUIREMENTS
To be eligible for a contract award, you must be qualified and able to provide the following:
2.1
Bidder must be an original manufacturer, or distributor and/or dealer authorized by
manufacturer.
2.2
Bidder must supply references of 3 firms to which similar products have been provided
during the past 3 years to a comparable-sized institution or company. If contacted, all of
those references must verify that a high level of satisfaction was provided. Use
Attachment B to list references.
Bidder must be in the business of law enforcement outerwear clothing for the past 3
years.
2.3
2.4
Bidder must be prepared to honor, at minimum, the manufacturer’s standard warranty.
WISCONSIN DEPARTMENT OF
Transportation
2.5
3
BID # 270650
Page 3 of 18
Bidder must disclose if any State of Wisconsin employee would provide services relating
to the agreement resulting from this solicitation. See Supplemental Standard Terms and
Conditions, section 4.0, Dual Employment or 5.0, Employment.
SPECIFICATIONS
The following specifications are minimum acceptable requirements. Any specific reference to
manufacturer(s) and/or catalog/model/stock numbers provided is to establish the design, type of
construction, quality, functional capability and performance level desired. The bidder may offer an
alternate product believed to be an equal. Any alternate product(s) bid must be clearly identified by
manufacturer and catalog, model or stock number. Adequate detailed specifications of the product
offered must be included with your bid to establish equivalency and to ensure that the product being bid
meets all specifications. Failure to provide product specifications and information may disqualify your
bid. WisDOT shall be the sole judge of equivalency and acceptability. Any attachments, documents,
price lists, etc. to support your bid, must include the bid number 270650.
STYLE: Full length, sport collar
COLOR: High visibility yellow with black lettering on the back.
ANSI 107-2010 Class 3 certified
FABRIC: Waterproof, windproof, breathable, lightweight, single-ply, washable
SEAM TAPE: Waterproof sealed seams
REFLECTIVE TRIM: 2” wide 3M™ Scotchlite™ reflective stripes around chest, back, sleeves, and hem.
STORM FLY FRONT: Snap closure or hook and loop fasteners.
SLEEVES: Roomy sleeves to allow for range of motion, adjustable cuffs
LETTERING: “State Patrol” in 2 ½” black letters for WisDOT troopers and inspectors
POCKETING: Hook and loop secured pass-through side openings on both sides to provide access to
weapon, trouser pockets and accessories
MIC TAB: On both shoulders
BADGE TAB: Eyelet badge tab
LABELING: Jacket shall be permanently labeled with the manufacturer, size, ANSI 107-2010 compliant,
care instructions
All garments must be firsts, no seconds or irregulars are allowed.
Size charts and care instructions must be submitted with the bid documents.
Bid specifications may not be revised without an official written addendum issued by Purchasing.
4
SPECIAL TERMS AND CONDITIONS
4.1
Samples
Bidders may be required to submit samples in various sizes for WisDOT to perform a 2-week (14
day) field test against product specifications which may include both wearing and washing the
item(s).
These samples are to be without expense or obligation to WisDOT.
Samples requested after bids are open must be delivered to the designated location within 7
business days.
WISCONSIN DEPARTMENT OF
Transportation
BID # 270650
Page 4 of 18
Samples should be clearly labeled as “SAMPLE” and identified with bidder’s name, bid number
270650, and item number.
WisDOT shall evaluate all samples requested in an identical manner to determine whether the
products delivered conform to the specifications.
WisDOT shall reject samples NOT meeting bid specifications. The bidder shall be notified in writing
by WisDOT to pick up samples, at the bidders expense, within 7 working days of date of such
notification. Any samples not picked up in the designated time period shall be disposed of as
WisDOT sees fit.
Samples of the awarded vendor will be retained throughout the life of the contract.
Failure to deliver samples within time designated may disqualify your bid.
4.2
Contract Quantities/New or Deleted Items
The estimated annual quantity identified on the “BID PRICE SHEET” is for bid purposes only and
based on historical data. WisDOT does not guarantee to purchase any specific quantity. Bids that
state WisDOT must guarantee a specific quantity or dollar amount may be disqualified. All
potential future purchases beyond the initial order are contingent upon need and available
funding.
NEW OR DELETED ITEMS: WisDOT reserves the right to add new products or additional brands to
this contract. Contractor(s) prices must be comparable to current contract pricing for like
products. Scope of work must be consistent with the current contract products.
Contractor shall notify Purchasing of new or discontinued products within 3 business days of
receipt of the order.
4.3
Delivery
Delivery is desired within 30 calendar days after receipt of a purchase order. Bidders are to state
on the Bid Cover Page if they can meet this delivery.
Contractor is required to notify the ordering department of any back order, discontinuation of
product(s) or other delays in shipping within 3 working days of receipt of order. Back orders may
not be cancelled without approval from the WisDOT Ordering unit.
4.4
Freight Charges
F.O.B. Destination Freight Included
Delivery will be made by common carrier or bidder's truck, with unloading to be performed by the
carrier/bidder and carton(s) transported to the interior/ground floor or inside dock at various
locations Statewide. Bid prices shall include all costs including, but not limited to, packing,
transportation, fuel, and insurance charges.
Duty charges (FOB=DDP Destination Duty Paid), if applicable (includes but not limited to
documentation fees, freight, customs clearance, tax, etc.), must be included in the bid price.
Failure to bid FOB Destination Freight Included may disqualify your bid.
WISCONSIN DEPARTMENT OF
Transportation
4.5
BID # 270650
Page 5 of 18
Shipments, Duplicates and Over Shipments
WisDOT reserves the right to reject any shipments that it deems to be faulty. Such shipments shall
be returned at the Contractor(s) expense. WisDOT will not be responsible for charges incurred as
a result of a defective product. If the Contractor(s) is then unable to furnish an acceptable
product, WisDOT may elect to purchase from another vendor such quantities as may be needed to
fulfill the immediate requirement(s). Any difference in costs between the contract price and the
price of such shipment(s) from another vendor shall be deducted from any monies, which may be
due to the Contractor.
WisDOT will notify the Contractor within 30 calendar days of receipt for the return of a duplicate
shipment and the product must be removed within 30 calendar days at the Contractor’s expense
without a restocking fee or shipping charges. WisDOT reserves the right to dispose of the products
and shall not be held liable for the cost for those products not removed within 30 calendar days.
WisDOT will notify the Contractor within 30 calendar days receipt for the return of shipments
ordered in error and the products must be removed within 30 calendar days. WisDOT shall be
responsible for return shipping charges.
The bidder shall include a copy of their return policy with the bid documents.
4.6
Warranty
A one-year warranty for defective workmanship and/or replacement of defective products and/or
materials of the contract is required in addition to any warranties provided automatically by the
manufacturers of the products/materials.
Include manufacturers’ warranties with your bid documents.
4.7
Subcontracting or Third Party Payments
Subcontractors must abide by all terms and conditions of the contract. The prime Contractor shall
be responsible for all subcontractor(s) work and payment. WisDOT will not pay any subcontractor
or third parties directly.
4.8
Liquidated Damages
This shall be surety for fulfillment of the contract(s) including quality, performance and delivery
under the terms of this Request for Bid. Liquidated damages shall consist of 5% per calendar day
per line item for failure to deliver according to the vendor specified delivery schedule. Liquidated
damages will be deducted from payments on the invoice covering the late shipments, if the invoice
is of sufficient amount to cover the liquidated damages. If the invoice is not of a sufficient amount
to cover the liquidated damages on a particular shipment, the agency will request cancellation of
the invoice and a credit to cover the balance.
4.9
Firm prices
Prices must remain firm for 365 calendar days after bid opening. Prices established may be
lowered due to general market conditions.
The awarded Contractor must hold the accepted costs for the entire contract period. WisDOT will
review any adjustment of costs before the beginning of a contract renewal period. Price increase
requests must be submitted to Purchasing, in writing, 60 days prior to the start of the contract
renewal date and justified with supporting documentation of industry-wide increases. If WisDOT
WISCONSIN DEPARTMENT OF
Transportation
BID # 270650
Page 6 of 18
deems cost increases are not acceptable, it reserves the right to re-bid the contract. Acceptance
of the price increase shall be in writing.
If the Contractor’s cost decreases during the term of the contract, the Contractor shall
immediately notify WisDOT. Such cost decreases shall become effective to WisDOT the same date
the decrease is effective to the Contractor. If WisDOT is not properly notified of price decreases,
the pricing at the time of order will be used for invoice payment and the vendor will provide
refunds or credits as necessary.
4.10 Orders
WisDOT may use the following methods to purchase from this contract:
• Specific (Contract Release) orders may be placed for one-time shipments.
• Contract Release Orders, blanket-type, may be issued by Purchasing for the State’s fiscal
year time period, July 1 – June 30, to allow departmental personnel to call or fax for
product or service against the order as needed.
• Purchasing Card releases: placed by WisDOT personnel using their State P-Card under
WisDOT and State guidelines.
4.11 Invoicing Requirements
Invoices/Purchase Order:
WisDOT must meet a statutory mandate to pay or reject invoices within 30 days of receipt by
WISDOT. Before payment is made, WisDOT must verify that all invoiced charges are correct as per
this contract. Only properly submitted invoices shall be officially received for payment. Thus, your
prompt payment requires that your invoices be clear and complete in conformity with the
instructions below.
All invoices must be itemized showing:
• Purchase order number
• Vendor name
• Remit to address
• The complete product description as stated on your bid
• Prices per the contract
Send invoice to the bill-to address shown on the Purchase Order.
Invoices/Purchasing card
Orders placed by WisDOT using a purchasing card must reflect current contract pricing.
4.12 Reporting Requirements
WisDOT 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 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.
WISCONSIN DEPARTMENT OF
Transportation
BID # 270650
Page 7 of 18
4.13 Order of Precedence
In the event of contract award, the contents of this RFB (including all attachments), RFB addenda
and revisions, the bid response from the successful bidder, and additional terms agreed to, in
writing, by WisDOT and Contractor shall become part of the contract.
The following priority for contract documents will be used if there are conflicts or disputes:
1. The Contract Award document
2. Official Purchase Order
3. Bid response as accepted by WisDOT
4. WisDOT Request for Bid
5
BID PROCEDURE AND INSTRUCTIONS
5.1
Reasonable Accommodations
WisDOT will provide reasonable accommodations, including the provision of informational
material in an alternative format, for qualified individuals with disabilities upon request. If you
think you need accommodations at a bid opening/proposer conference, contact Linda Hanby,
Purchasing, at (608) 267-2972 (voice) or Wisconsin Telecommunications Relay System (TTY) at 1800-947-3529.
5.2
Questions
If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other
deficiency in this RFB they shall notify the Purchasing Agent below, of such error and request
modification or clarification of the bid document.
All communications and questions regarding the specifications, or special conditions of bid must
be written and submitted to the Purchasing Agent below, as soon as possible, but no later than
January 3, 2013 at 4 p.m. Phone inquiries will not be accepted. Purchasing will respond to
questions by issuing an official addendum, posted on VendorNet.
All correspondence and submitted documents must include the bid number 270650.
Submit in writing via email to: Linda Hanby, Purchasing Agent Senior
E-mail: linda.hanby@dot.wi.gov.
5.3
Bid Submission
Bidders must submit the original PLUS 1 copy of all required materials for acceptance of their bid
by 2 PM (CDT) on January 10, 2013. Any bids received after that time and date will be rejected.
Receipt of a bid by the State mail system does not constitute receipt of a bid by Purchasing, for
purposes of this RFB. Also refer to the Bid Response Instructions. Use one of the options below
for return of the bid. Faxed and e-mailed bids are not accepted.
U.S. Mail:
Purchasing
WI Department of Transportation
4802 Sheboygan Ave., Room 751
PO Box 7396
Madison, WI 53707-7396
UPS, Fed Ex, etc.:
Purchasing
WI Department of Transportation
4802 Sheboygan Ave., Room 751
Madison, WI 53705
WISCONSIN DEPARTMENT OF
Transportation
BID # 270650
Page 8 of 18
All bids are to be packaged, sealed, and show the following information on the outside of the
package:
−
−
−
−
Vendor's Name and Address
Request for Bids Title: High Visibility Raincoats
Request for Bids Number: 270650
Bid Due Date: January 10, 2013 2:00 PM
Because of increased building security, access to the WisDOT Purchasing Office is restricted and
may cause delay if hand delivering your bid. Allow ample time for security clearance to room
751.
5.4
Method of Bid
Bidder must submit a unit price and extended total. All prices must be quoted in U.S. Dollars.
Bidder must bid on the enclosed bid price sheet. Details must be provided including manufacturer
name, style number, and sizes available.
Bids requiring an order minimum may be disqualified.
5.5
Multiple Bids
Multiple bids from a Bidder will be allowed, however each bid must conform fully to the
requirements for bid submission. Each such bid must be separately submitted and labeled as Bid
#1, Bid #2, etc. on each page included in the response. Alternate acquisition plans do not
constitute multiple bids.
5.6
Bid Response Requirements
In order for your bid to be considered, the following information must be provided. Fill out and
submit one copy (unless stated otherwise) by the due date and time listed on the bid cover page.
Include:
• Bid Cover (Signature) Pages
• Addendum Cover (Signature) Page(s), if applicable to this bid request
• Bid Price Sheet
• Wisconsin’s Cooperative Purchasing Service, Form DOA-3333, if applicable
• Vendor Information Sheet, Attachment A
• References Sheet, Attachment B
• MBE Program Awareness, Compliance & Action Plan, Attachment C
• Bidder Response Sheet, Attachment E
• 2 copies of complete specifications and descriptive brochure or detail for the product(s) bid
• Care instructions
• Manufacturer’s/Bidder’s warranty details
• Size Charts
• Return Policy
Failure to provide the forms/information with your bid submittal may disqualify your bid. WisDOT
encourages all bidders to print their submission double-sided to save paper.
WISCONSIN DEPARTMENT OF
Transportation
BID # 270650
Page 9 of 18
5.7
Incurring Costs
The State of Wisconsin is not liable for any cost incurred by a bidder in the process of responding
to this RFB.
5.8
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.
Registration allows a vendor to:
•
•
•
Register for a bidders list for commodities/services that the vendor wants to sell to the state.
Receive an automatic e-mail notification each time a state agency, including the University of
Wisconsin System campuses, posts a request for bid (RFB) or a request for proposal (RFP) with
an estimated value over $50,000 in their designated commodity/service area(s).
Receive an e-mail notification of addendums/amendments relative to the 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 http://publicnotices.wi.gov; or other means
assume responsibility for checking for updates to the RFB or RFP.
Only vendors registered with the State of Wisconsin’s VendorNet will receive future official notice
for this service/commodity.
To obtain information on the state’s bidder registration, please visit the VendorNet Web site at
http://vendornet.state.wi.us. Assistance is available from the VendorNet Information Center
(1-800-482-7813); in the Madison area, 264-7898.
6
BID OPENING, ACCEPTANCE AND AWARD
6.1
Bid Opening
Bids will be opened on the date and time listed on the front cover page. Names of the bidders will
be read aloud at that time. WisDOT will issue an official addendum and post on VendorNet should
a need to change the bid open date and/or time occur.
6.2
Bid Acceptance
WisDOT shall review all materials submitted in response to this bid in an identical manner to
determine specification compliance. Bids which do not comply with specifications contained in
this RFB WILL be rejected by the State. The State retains the right to accept or reject any or all
bids, or accept or reject any part of a bid deemed to be in the best interest of the State. The State
shall be the sole judge as to compliance with the specifications contained in this RFB.
6.3
Method of Award
Award shall be made on the basis of the lowest net unit price and responsive, responsible bidder
who meets specifications. In the event of Bidder error in calculation, unit price shall prevail in
award.
Timeliness of delivery may be considered when making this award.
Volume discounts shall not be considered when determining award. However, they shall apply to
orders issued on this contract.
WISCONSIN DEPARTMENT OF
Transportation
6.4
BID # 270650
Page 10 of 18
Minority Business Participation
The Wisconsin Department of Transportation is committed to the promotion of minority
businesses in the State’s purchasing program. Authority for this program is found in Wisconsin
Statutes 15.107(2), 16.75(3m), and 16.755.
Bidders who feel that they qualify, should seek certification from the Wisconsin DOA and mark
“yes” on page 2 of the RFB. Details of program certification are located at:
http://www.doa.state.wi.us/index.asp?locid=169.
Bidders are strongly urged to use due diligence to further this policy by setting up subcontracts to
state-certified Minority Business Enterprises (MBE) and/or by using such enterprises to provide
goods and services incidental to this contract (second-tier suppliers), with a goal of awarding 5% of
the contract cost to such enterprises. An MBE means a business certified, or certifiable, by the
Wisconsin Department of Administration under Statute 560.036(2).
Bidders must submit the attached WisDOT MBE / DVB Program Awareness, Compliance & Action
Plan (Attachment C) indicating their proposed utilization of state-certified minority businesses for
this contract. Contact the State’s Minority Business Manager for assistance in locating certified
firms at (608) 267-3293 or the WisDOT Minority Business Program Coordinator at (608)-267-3293.
A listing of State of Wisconsin certified minority businesses, as well as the services and
commodities they provide, is on the State-certified MBE web site: www.doa.wi.gov/mbe
Monthly reports (Attachment D) are requested to be submitted to the WisDOT Minority Business
Program Coordinator, itemizing the deliveries and cost of items or services provided by certified
firms. Reports should state the costs for the previous contract month. The Department reserves
the right to verify with listed firms their involvement as subcontractors or second-tier suppliers.
6.5
Disabled Veteran Owned Business
Wisconsin statutes support purchasing goods/services from Disabled Veteran-owned businesses
located in Wisconsin. Bidders are strongly urged to use due diligence to further this policy by
setting up subcontracts to state-certified Disabled Veteran-Owned Businesses (DVB) and/or by
using such enterprises to provide goods and services incidental to this contract (second-tier
suppliers), with a goal of awarding 5% of the contract cost to such enterprises. A DVB means a
business certified, or certifiable, by the Wisconsin Department of Administration under Statute
16.283 (3).
"Disabled veteran" means a person who is verified by the Department of Veterans Affairs as being
all of the following at the time the person applies for certification:
1. A veteran as defined in s. 45.01(12),
2. A resident of this state, and
3. A person who is in receipt of an award from the U.S. Department of Veterans Affairs of a
service–connected disability rating under 38 USC 1114 or 1134 of at least 30%.
Bidders who feel that they qualify, should seek certification from the Wisconsin DOA and mark
“yes” on page 2 of the RFB. Details of program certification are located:
http://www.doa.state.wi.us/section.asp?linkid=191&locid=0
WISCONSIN DEPARTMENT OF
Transportation
BID # 270650
Page 11 of 18
Monthly reports (Attachment D) are requested to be submitted to the WisDOT, Purchasing Unit,
itemizing the deliveries and cost of items or services provided by certified DBV firms. Reports
should state the costs for the previous contract month. Any use of DVB firms can be reported via
e-mail to DOTTIPSCOrrespond@dot.wi.gov. WisDOT reserves the right to verify with listed firms
their involvement as subcontractors or second-tier suppliers.
6.6
Terms and Conditions
The Standard and/or Supplemental Terms and Conditions provided with this document represent
the terms and conditions which will apply to this contract. Vendors may not submit their own
contract document as a substitute for these terms and conditions.
6.7
Contract Cancellation
This Contract may be terminated by either party under the following conditions:
A. Please review section 13.0 and 24.0 of the Standard terms and Conditions of Bid. WisDOT may
terminate the contract at any time at its sole discretion by delivering 10 days written notice to
the Contractor.
If the problem is service performance, Contractor will be warned either verbally or in writing of
unsatisfactory performance and intent to cancel this contract. Contractor will be given a
period of time to ‘cure’ the performance. If the performance does not improve Contractor will
be given 5 days written notice that the contract will be cancelled.
Upon termination, WisDOT’s liability will be limited to the pro rata cost of the services
performed as of the date of termination.
B. In the event the Contractor terminates the contract, for any reason whatsoever, it will require
written certified letter notification delivered to the Department purchasing agent not less than
60 days prior to said termination. The Contractor will, in turn, refund the Department, within
30 days of said termination, all payments made hereunder by the Department to the
Contractor for work not completed.
C. If at any time the Contractor performance threatens the health and/or safety of WisDOT,
WisDOT has the right to cancel and terminate the Contract without notice.
D. If the Contractor fails to maintain and keep in force the insurance as provided in #23.0 of the
Standard Terms and Conditions, WisDOT has the right to cancel and terminate the Contract
without notice. If the Contractor fails to maintain and keep in force required certificates,
permits, and licenses will be cause for contract termination.
E. If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is
not dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is
appointed and such appointment is not vacated within 90 calendar days, WisDOT has the right,
in addition to any other rights of whatsoever nature that it may have at law or inequity, to
terminate this Contract by giving 90 calendar days notice in writing of such termination.
F. WisDOT must seek approval of the State Use Board prior to termination of a Work Center
WISCONSIN DEPARTMENT OF
Transportation
6.8
7
BID # 270650
Page 12 of 18
Certification for Collection of Sales and Use Tax
The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to
cancel any existing contract, if the vendor or Contractor has not met or complied with the
requirements of s.77.66, Wis. Stats., and related statutes regarding certification for collection of
sales and use tax.
Attachments
WISCONSIN DEPARTMENT OF
Transportation
BID # 270650
Page 13 of 18
STATE OF WISCONSIN
DOA-3477 (R05/98)
ATTACHMENT A
VENDOR INFORMATION
1. BIDDING COMPANY NAME:
_________________________________________________________
FEIN (Federal Employer ID Number)
_________________________________
Phone (
) ______________________
Fax
(
) ______________________
OR
Social Security # (if Sole Proprietorship)
___________________________________
Toll Free Phone (
) __________________________
Email Address (
) __________________________
Address: __________________________________________________________________________
City
____________________________
State ________
Zip + 4
_______________________
2. Name the person to contact for questions concerning this bid.
Name
__________________________
Title
______________________________
Phone (
) ______________________
Toll Free Phone (
) __________________________
Fax
) ______________________
Email Address (
) __________________________
(
Address: __________________________________________________________________________
City
____________________________
State ________
Zip + 4
_______________________
3. Any vendor awarded over $25,000 on this contract must submit affirmative action information to the
department. Please name the Personnel/Human Resource and Development or other person responsible
for affirmative action in the company to contact about this plan.
Name
__________________________
Title
______________________________
Phone (
) ______________________
Toll Free Phone (
) __________________________
Fax
) ______________________
Email Address (
) __________________________
(
Address: __________________________________________________________________________
City
____________________________
State ________
Zip + 4
_______________________
4. Mailing address to which state purchase orders are mailed and person the department may contact
concerning orders and billings.
Name
__________________________
Title
______________________________
Phone (
) ______________________
Toll Free Phone (
) __________________________
Fax
) ______________________
Email Address (
) __________________________
(
Address: __________________________________________________________________________
City
____________________________
State ________
Zip + 4
_______________________
WISCONSIN DEPARTMENT OF
Transportation
BID # 270650
Page 14 of 18
ATTACHMENT B
REFERENCES
Vendor:
_______________________________________________________________________
Provide company name, address, contact person, telephone number, and appropriate information on the
product(s) and/or service(s) provided to customers similar to those requested in this solicitation document.
Potential subcontractors cannot be references. Any subcontractor arrangement for the completion of this
work shall be listed on a separate id page.
Company Name:
_______________________________
Address (include Zip + 4) ____________________________________________________________________
Contact Person:
____________________________________
E-Mail Address:
__________________________________________________________________________
Product(s) Used and/or Service(s) Provided:
Company Name:
Phone No. __________________________
____________________________________________________
_________________________________________________________________________
Address (include Zip + 4) ____________________________________________________________________
Contact Person:
____________________________________
E-Mail Address:
__________________________________________________________________________
Product(s) Used and/or Service(s) Provided:
Company Name:
Phone No. __________________________
____________________________________________________
_________________________________________________________________________
Address (include Zip + 4) ____________________________________________________________________
Contact Person:
____________________________________
E-Mail Address:
__________________________________________________________________________
Product(s) Used and/or Service(s) Provided:
Company Name:
Phone No. __________________________
____________________________________________________
_________________________________________________________________________
Address (include Zip + 4) ____________________________________________________________________
Contact Person:
____________________________________
E-Mail Address:
__________________________________________________________________________
Product(s) Used and/or Service(s) Provided:
Phone No. __________________________
____________________________________________________
WISCONSIN DEPARTMENT OF
Transportation
BID # 270650
Page 15 of 18
ATTACHMENT C
WisDOT MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM
DISABLED VETERAN-OWNED BUSINESS (DVB) PROGRAM
AWARENESS, COMPLIANCE & ACTION PLAN
As a matter of sound business practice, the Wisconsin Department of Transportation is committed to “supply diversity” by
promoting the use of minority business and disabled veteran-owned business whenever and wherever possible. Additionally,
as an agency of the State of Wisconsin, WisDOT shares in the state goal of placing five (5) percent of its total annual
purchasing dollars with state-certified minority and disabled veteran-owned businesses.
State of Wisconsin procurement policy provides that Minority Business Enterprises (MBE) and Disabled Veteran-owned
Businesses (DVB) certified by the Wisconsin Department of Administration should have the maximum opportunity to
participate in the performance of its contracts/projects.
You, as a contractor, are strongly urged to use due diligence to further this policy by awarding subcontracts to MBEs and DVBs
by using such enterprises to provide goods and services incidental to this agreement (second-tier suppliers), with a goal of
awarding 5% of the contract cost to such enterprises.
Authority for these programs is found in Wisconsin Statutes 15.107(2), 16.283(3), 16.75(3m), 16.755 and 560.036(2), and
details about the program can be found at: http://www.doa.state.wi.us/category.asp?linkcatid=677&linkid=113&locid=0
Monthly reports are requested to be submitted to the Department of Transportation Purchasing Unit, itemizing the costs of
services and goods provided by certified firms. Reports should state the costs for the previous contract/project month.
Your complete response on the following form must address the following components of your company’s/organization’s
commitment/action plan:
a) Indication that you understand the WisDOT’s goal,
b) Listing of any MBE/DVB vendors with which you intend to subcontract,
c) Description of the various second tier MBE/DVB expenses (goods and services procured that are incidental to the
contract/project; examples are: specific office supplies to perform the contract, percentage of cost for uniforms
for contract staff, travel to perform the contract/project, percentage of facility maintenance services for your
facility used directly by your staff during the contract/project period) your company/organization will be able to
report that are in direct connection with the administration of this contract,
d) Statement expressing your commitment to complete the required monthly reports that will reflect your
subcontracts and second-tier expenditures for the period.
For information on certified State of Wisconsin Minority Business Enterprises, please contact:
June Robinson
MBE Program Coordinator
WisDOT Division of Business Management
4802 Sheboygan Avenue, Room 751
Madison, WI 53705
Phone: 608-267-2886 Fax: 608-267-3609
www.dot.wisconsin.gov/business/mbe
june.robinson@dot.wi.gov
A complete listing of certified minority businesses, as well as the services and commodities they provide, is available on the
web at: www.doa.wi.gov/mbe and Information regarding certification of minority businesses is available at:
http://commerce.wi.gov/BD/BD-MBD-Index.html
WISCONSIN DEPARTMENT OF
Transportation
BID # 270650
Page 16 of 18
ATTACHMENT C
WisDOT MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM
DISABLED VETERAN-OWNED BUSINESS (DVB) PROGRAM
AWARENESS, COMPLIANCE & ACTION PLAN
Complete, sign, and include in your bid response.
Failure to complete this form as a component of your bid may result in rejection of your bid.
Our company/organization is a Wisconsin-certified Minority Business Enterprise (MBE)
Our company/organization is a Wisconsin-certified Disabled Veteran-owned Business (DVB)
Our company/organization is a minority business but has not yet received Wisconsin certification (please
provide details): _____________________________________________
Our company/organization is a disabled veteran-owned business but has not yet received Wisconsin
certification (please provide details): _____________________________________________
We are aware of the WisDOT’s goal to spend at least 5% of their total annual purchasing dollars with statecertified MBE /DVB firms.
We are aware that if awarded this contract/project our company/organization will provide monthly or quarterly
reports to WisDOT reporting all expenditure activity directed to MBE/DVB subcontractors or second-tier
MBE/DVB suppliers that directly relate to this contract. (Any non-certified minority or non-certified disabled
veteran-owned businesses could be a potential subcontractor/second-tier supplier--indicate these on your plan.
WisDOT will work with those businesses for possible certification.)
Subcontractors: Our company/organization intends to subcontract at least 5% dollar volume with certified
MBE/DVB firms listed below (names, addresses, telephone numbers):
 Yes
 Yes
 No
 No
 Yes
 Yes
 No
 No
 Yes
 No
 Yes
 No
 Yes
 No
Second-tier Suppliers: In addition to direct subcontracting efforts, your company/organization can help WisDOT achieve the 5%
goal by managing your second-tier MBE/DVB purchases. Second-tier business refers to incidental business expenses your
company may spend with Wisconsin-certified MBE/DVB firms as it pursues the normal course of business supplying the
WisDOT-contracted products or services. Here are some examples:
• Percentage of your office supplies specifically used during the course of this contract/project.
• Percentage of uniform costs for staff performing this contract/project.
• If you travel to perform this contract/project, you could use a state-certified MBE travel agency and report that
expense.
• Percentage of facilities maintenance services for facility(ies) directly used by your staff during the course of this
contract/project.
These second-tier expenses can only be reported to the extent that they directly relate to your business with WisDOT. The
percentage of the expense you can report is determined by the amount of your WisDOT sales as it relates to your total sales
volume. Per the terms of your contract, you should actively pursue directing business towards these types of companies, and
report your efforts in this regard on a monthly basis.
***************************************************************************************************
In paragraph form, describe your company/organization’s commitment/action plan with regard to the planned use of statecertified MBE/DVB businesses in subcontracting efforts, as well as developing MBE/DVB second-tier suppliers. Please list your
specific commitments (attach sheet, if necessary).
SIGNATURE: ______________________________________ DATE: __________________________________
PRINTED NAME & TITLE: ____________________________________________________________________
COMPANY: ________________________________________PHONE NUMBER: ________________________
Yes
WISCONSIN DEPARTMENT OF
Transportation
BID # 270650
Page 17 of 18
ATTACHMENT D
MINORITY BUSINESS
DISABLED VETERAN-OWNED BUSINESS
PARTICIPATION REPORT
Wisconsin Department of Transportation
DT1230 8/2006 s.16.75(3m) Wis. Stats.
th
Instructions: Complete and submit to Wisconsin Department of Transportation by the 20 of each month.
Return via FAX to:
OR
Return via e-mail to:
608-267-3609, ATTN: Purchasing Minority Business Coordinator
Report Date
Contract / Purchase Order #
DOTTIPSCOrrespond@dot.wi.gov
Time Period Covered by Report
Monthly:
through
Project Name / Contract Title
Prime Vendor / Contractor Name
Contractor Name, Address and Telephone Number
Indicate if MBE or DVB
Federal Employer Identification Number – FEIN
Product / Service
Purchased
Subcontract
$ Amount
Second Tier
$ Amount
If no business was awarded to Minority Business Enterprises (MBE) or Disabled Veteran-owned Business (DVB) for this
period, please describe the efforts made to encourage their business participation. If you have questions, please call the
WisDOT Minority Business Program Specialist, 608-267-2886.
__________________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________________
I certify that the information contained on this report is true and correct.
I also certify that I am an authorized representative of the above-identified Prime Vendor / Contractor.
(Prime Vendor/Contractor Authorized Representative Name)
(Title)
WISCONSIN DEPARTMENT OF
Transportation
BID # 270650
Page 18 of 18
ATTACHMENT E
BIDDER RESPONSE SHEET
NOTE: THIS FORM SHOULD BE RETURNED WITH YOUR BID RESPONSE.
SECTION NUMBERS IDENTIFIED CORRESPOND TO THOSE ITEMS IN THE SPECIAL CONDITIONS OF BID.
YES
1.3
2.1
2.2
2.3
3
4.1
4.3
4.4
4.5
4.5
4.6
4.7
4.8
4.9
4.10
Bidder understands Wisconsin’s cooperative purchasing service.
Bidder is an original manufacturer authorized distributor or dealer.
Bidder has provided references as required.
Bidder has been in this business the required term.
Bidder understands and will comply with specifications for products and services.
Bidder will provide samples, if requested.
Bidder can meet delivery requirements.
Prices are bid FOB Destination, freight included
Bidder understands and will comply with the return policy.
Bidder agrees to terms regarding duplicates and over shipments.
Bidder will honor manufacturer’s warranty.
Bidder understands and will comply with terms on subcontracting.
Bidder agrees to terms regarding liquidated damages.
Bidder will hold pricing firm the required term.
Bidder agrees to accept State of Wisconsin purchase order or purchasing card (P-card)
for placement of orders.
4.11 Bidder understands and will comply with invoice requirements.
4.12 Bidder understands and will report purchases as required.
5.6 Bidder has completed and returned all forms required.
6.4, 6.5 Bidder will provide a monthly report of purchases from state-certified minority
business enterprises and state-certified disabled veteran owned businesses.
6.7 Bidder understands and agrees to terms regarding contract cancellation.
6.8 Bidder understands and agrees to terms for collection of sales and use tax.
NO
_____ ____
_____ ____
_____ ____
_____ ____
_____ ____
_____ ____
_____ ____
_____ ____
_____ ____
_____ ____
_____ ____
_____ ____
_____ ____
_____ ____
_____
_____
_____
_____
____
____
____
____
_____
_____
_____
____
____
____
WisDOT reserves the right to reject incomplete bids.
______________________________________
Company Name (print or type)
____________________________________
Bidder's name & title (print or type)
______________________________________
Bidder’s Signature
____________________________________
Date