CO 11-0002 BID DOCUMENTS

VENDOR NET TRANSMISSION COVER LETTER
DATE:
August 10, 2010
When using Vendor Net, you may submit your bid through one of the following options: U.S. mail, handdelivery, fax or e-mail. Refer to “SUBMITTAL INSTRUCTIONS”. Regardless of the option used, your bid
must be received and time stamped in by Purchasing Services, 432 N. Lake St, Rm. 104, Madison, WI
53706, prior to 2:00 PM on the bid due date to be considered on time. Bids not so stamped shall be
considered late. Late bids shall be rejected.
If you have any questions concerning these instructions, please contact the University of Wisconsin
Colleges Purchasing Services at (608) 262-0164.
PURCHASING SERVICES
University of Wisconsin Colleges  432 N. Lake St., Rm. 104 Madison, WI 53706
608/262-0164  (Fax) 608/262-0163
RETURN TO: University of Wisconsin Colleges
Purchasing Services
432 N. Lake St., Rm. 104
Madison, WI 53706
REQUEST FOR BID
Refer to Section 1 titled “SUBMITTAL INSTRUCTIONS”.
All correspondence must reference the bid number.
THIS IS NOT AN ORDER
Unless otherwise noted, public openings will be on the date
and time specified. Award(s), if any, will be made as soon
thereafter as possible.
The bid abstract will be on file and is open to public inspection
only after award determination has been made.
OFFICIAL SEALED
BID NUMBER: CO 11-0002
AGENT: Rhonda Loger at (608) 262-0164
ISSUE DATE:
FAX NUMBER: (608) 262-0163
August 10, 2010
DUE DATE: August 23, 2010
2:00 PM CST/CDT
_________________________________________________
Bid prices and terms shall be firm for a minimum of sixty (60)
days from the date of bid opening, unless otherwise specified
in this Request for Bid or negotiated by the UW Colleges
Purchasing Services.
E MAIL: rhonda.loger@uwex.edu
If NO BID (check here)
and return.
DESCRIPTION
The University of Wisconsin Colleges Purchasing Services Department (Purchasing) requests bids for
AUTOMATED SURVEY BASED EVALUATION IN EDUCATION SYSTEM
in accordance with the attached in this order: Special Conditions of Bid, Bidder Response Sheet, Specifications, Itemized
Bid List, Bidder Information Sheet, Supplier Diversity, Minority Business Enterprise (MBE) Program Commitment,
Certification of Site Visit Form, Standard Terms and Conditions and Applicable Federal Rules.
Questions regarding this bid will be answered by the following:
ADMINISTRATIVE: Rhonda Loger at (608) 262-0164 rhonda.loger@uwex.edu
TECHNICAL: Bill Meyer at (608) 263-5032 bill.meyer@uwex.edu
In signing this bid, we have read and fully understand and agree to all terms, conditions and specifications and acknowledge that the
UW Colleges Purchasing Services bid 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 any collusion or otherwise taken any action in
restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that
this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has
not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the stated statement is accurate
under penalty of perjury.
SIGNATURE: _____________________________________________________________________________DATE ____________________
TYPE OR PRINT NAME: _____________________________________________________________________________________________
TITLE: _______________________________________________________ TELEPHONE NUMBER: (_______) _____________________
FEIN NUMBER: _________________________________
FAX NUMBER:
(_______) _____________________
EMAIL ADDRESS: __________________________________________________________________________________________________
UNIVERSITY OF WISCONSIN COLLEGES
BID NO.: CO 11-0002
TABLE OF CONTENTS
SECTION #1: SUBMITTAL INSTRUCTIONS
PAGE
1-2
SECTION #2: GENERAL INFORMATION
2.1 Purpose
2.2 Definitions
2.3 Affirmative Action
2.4 Eligible Purchasers
2.4 Wisconsin Sales and Use Tax Registration
2.5 VendorNet
2.6 Electronic Commerce/Online Ordering
2.7 Campus Delivery Requirements
2.8 Parking
2.9 Smoke-Free Environment
2.10 Promotional Materials/Endorsements
2.11 Energy Star
3-5
SECTION #3: RFB PROCESS INSTRUCTIONS
3.1 Clarifications and/or Revisions through Designated Contact
3.2 Applicable Dates
3.6 Conflict of Interest
3.7 Oral Presentations and Site Visits
3.8 Proprietary Information
3.9 Reasonable Accommodations
3.11 Method of Bid
3.12 Method of Award
3.13 Minority Business Enterprise (MBE) Preference
6-7
SECTION #4: BIDDER QUALIFICATIONS
4.1 Bidder Contact Information
4.2 Bidder Experience
4.3 Authorization
4.4 Client List/References
4.5 Fair Price Analysis
8
SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS
5.1 F.O.B. Destination, Freight Prepaid and Allowed
5.2 Timeliness of Delivery
5.3 Invoice Payment
5.4 Shipments, Duplicates and Overshipments
5.5 Insurance
5.6 Executed Contract to Constitute Entire Contract
9
SECTION #6: SPECIFICATIONS
6.2 Warranty
6.3 Maintenance and Repair
6.13 Subcontracting
6.14 Employee Identification
10
ATTACHMENT A BIDDER RESPONSE SHEET
11-12
ATTACHMENT B SPECIFICATIONS
13-14
ATTACHMENT C ITEMIZED BID LIST
15
ATTACHMENT D CLIENT REFERENCE
16
ATTACHMENT E BIDDER INFORMATION SHEET
17
ATTACHMENT F SUPPLIER DIVERSITY, MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM COMMITMENT 18
ATTACHMENT G STANDARD TERMS AND CONDITIONS
19-22
UNIVERSITY OF WISCONSIN COLLEGES
MADISON, WISCONSIN 53706
BID NO.: CO 11-0002
SECTION #1: SUBMITTAL INSTRUCTIONS
A completed and signed bid response must be received and date/time stamped in by UW Colleges Purchasing
Services prior to 2:00 p.m. CST/CDT on the stated bid due date to be considered. Bids not so date/time stamped
shall be considered late. Late bids shall be rejected. You have been supplied with a pre-addressed return label.
Please fill in your vendor name and address on the return label to help us identify this bid response. Please use
one of the options below for return of your bid.
MAILING:
Original and one (1) copy of mailed bid must be received and date/time stamped at Purchasing Services, 432 N.
Lake Street, Room 104, Madison, WI 53706, prior to 2:00 p.m. CST/CDT on the stated bid due date.
HAND DELIVERY:
Original and one (1) copy of hand-delivered bid may be delivered by vendor or third-party/courier service. Bids
must be received and date/time stamped at Purchasing Services, 432 N. Lake Street, Room 104, Madison, WI
53706, prior to 2:00 p.m. CST/CDT on the stated proposal due date.
E-MAILING:
E-mailed bids: A complete copy of the entire response must be received and be available for printing or
processing prior to 2:00 p.m. CST/CDT on the stated bid due date via e-mail to: bids@uwex.uwc.edu.
Submitting a bid to any other e-mail address than bids@uwex.uwc.edu does not constitute receipt of a valid bid
by Purchasing Services.
Proof of transmission doesn't constitute proof of receipt. In addition, the REQUEST FOR BID form (cover page)
must be signed and returned via mail or fax (608-262-0163) within one (1) business day after the bid due date.
RETURN ADDRESS LABEL:

OFFICIAL SEALED
NUMBER: CO 11-0002
DUE DATE: 08/23/2010
TIME: 2:00 PM CST/CDT
NO PUBLIC OPENING
INSERT
VENDOR NAME HERE: ______________________________________
ADDRESS: ________________________________________________
________________________________________________
________________________________________________
UNIVERSITY OF WISCONSIN COLLEGES
PURCHASING SERVICES
432 N. Lake Street, Room 104
MADISON, WI 53706
Page 1
UNIVERSITY OF WISCONSIN COLLEGES
MADISON, WISCONSIN 53706
BID NO.: CO 11-0002
1.1 BID RESPONSE REQUIREMENTS:
In order for your bid to be considered, the following forms/information must be completed and submitted as
part of your bid response. Failure to provide these forms/ information with your bid submittal may disqualify
your bid.
1.
2.
3.
4.
5.
6.
7.
Request for Bid Form
Bidder Response Sheet (including attachments as requested on Bidder Response Sheet) (Attachment A)
Specifications, descriptive brochure and detail for the item(s) bid (Section 6) (Attachment B)
Itemized Bid List (Attachment C)
Client Reference List (Attachment D)
Bidder Information Sheet (Attachment E)
Supplier Diversity, Minority Business Enterprise (MBE) Program Commitment (Attachment F)
1.2 PLEASE SEND TWO (2) COMPLETE SETS OF YOUR BID
RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES
Page 2
UNIVERSITY OF WISCONSIN COLLEGES
MADISON, WISCONSIN 53706
BID NO.: CO 11-0002
SECTION #2: GENERAL INFORMATION
2.1
Purpose:
The University of Wisconsin Colleges, hereinafter referred to as the "University", through its Purchasing
Services Department, hereinafter referred to as "Purchasing," on behalf of Central Information Technology,
hereinafter referred to as "Department," requests bids for the purchase of an Automated Survey Based
Evaluation in Education System.
Scope:
Today more than ever, educators must understand how services are qualitatively perceived by participants. In
order to evaluate the effectiveness, you need a quality management system to scrutinize the quality of
educational services provided. An automated survey-based evaluation system soliciting instructor and student
feedback becomes the foundation for data collection, reporting and ultimately, quality improvement. The survey
vehicle must be easy to design, administer and evaluate the results. Reporting must be responsive to university
executives, deans, department chairs and instructor needs. The surveys must retain discipline relevance, even
when surveys are conducted across departments. Comprehensive and continual evaluation requires a set of
data to model the organization, including all of its departments, courses and instructors. Students want to be
taken seriously and to see that they are part of the change process-otherwise they will stop providing course
feedback. As you can see, there are many stakeholder involved. Measuring student feedback and instructor
performance are the primary objectives to be achieved by an automated evaluation system. Ultimately, it should
lead to improved educational service delivery and continued accreditation.
Conditions of bid which include the word “must” or “shall” describe a mandatory requirement. All specifications
are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a
given specification, condition of bid or provide a specific item/service on the Itemized Bid List, Purchasing
reserves the right to delete that specification, condition of bid or item without having to complete the bid process
again. FAILURE TO MEET A MANDATORY REQUIREMENT SHALL DISQUALIFY YOUR BID.
See SPECIFICATIONS and/or ITEMIZED BID LIST for the minimum acceptable specifications for
items/services desired. If you are bidding an alternate item, please provide complete specifications (documents
and material showing performance features, and descriptive brochures or detail for the items/services unless
no Bidder can meet the mandatory requirement (see above) you propose to furnish), clearly identified by
manufacturer’s name, catalog and model number (as applicable). See “Standard Terms and Conditions,” items
1, 2, 3, and 5.1.
Failure to meet a mandatory requirement will disqualify your bid.
Revisions to this bid may be made only by an official written amendment issued by Purchasing.
2.2
Definitions:
The following definitions are used throughout the Special Conditions of Bid:
Agent means UW Colleges Purchasing Agent responsible for this Request for Bid. Full contact information
can be found in Section 3.1.
Bidder means a firm submitting a bid in response to this Request for Bid
Contractor means successful Bidder awarded the bid.
Department means UW Colleges, Central Information Technology.
MBE means Minority Business Enterprise.
RFB means Request for Bid.
State means State of Wisconsin.
University means University of Wisconsin Colleges.
2.3
Page 3
Affirmative Action:
As a State agency, the University requires contractors issued any purchase order exceeding $25,000.00 to
provide an Affirmative Action Plan. Failure to comply appropriately with these requirements may lead to your
company being banned from doing business with any agency of the State of Wisconsin. Additionally,
failure to comply with this requirement may result in termination of this contractor withholding of payment. On
the Bidder Response Sheet please provide the requested information.
For additional information see section 17.0 of the Standard Terms and Conditions . Some exceptions may apply,
and instructions for completing a plan are available upon request.
2.4
Eligible Purchasers:
All University of Wisconsin-Extension and UW Colleges locations must be eligible to purchase from this
contract.
In addition, other U.W. System campuses, State of Wisconsin agencies, and Wisconsin municipalities may
desire to purchase from this contract. Bidders should state on the Bidder Response Sheet whether they agree
to provide contract services to these other locations.
A Wisconsin municipality is defined by Wisconsin Statute 16.70(8) to include counties, cities, villages, towns,
school boards, sewage, drainage, vocational, technical and adult education districts, and other bodies with the
power to award public contracts.
This contract must not be construed as mandatory upon any University campus, State agency or municipality.
The University reserves the right to issue separate bids when deemed in the best interest of the University.
2.5
Wisconsin Sales and Use Tax Registration:
No award can be made to a vendor who is not in compliance with Sec. 77.66 of the Wisconsin State Statutes
(vendornet.state.wi.us/vendornet/wocc/certtax.asp) relating to sales and use tax certification.
If you have not established a certification for Collection of Sale and Use Tax status with the Wisconsin
Department of Revenue, the University and any other state agency can not issue any purchase orders to your
firm. For additional information see http://www.dor.state.wi.us/html/vendlaw.html
2.6
VendorNet:
The State of Wisconsin has implemented a web-based registration system called “VendorNet” to enable
registered vendors to receive notice of all Official Sealed Bids/Request for Proposals (over $25,000.00) as
solicited by all state agencies.
To obtain information on the state’s bidder registration, please visit the VendorNet Web site at
http://vendornet.state.wi.us or call the VendorNet Information Center (1-800-482-7813). In the Madison area,
please call 264-7898.
2.7
Electronic Commerce/Online Ordering:
Customers of this contract may want to take advantage of electronic ordering and “E-Commerce” opportunities
that may be offered by the Contractor. If electronic ordering methods are used, the following conditions will
apply:
The terms of this RFB will take precedence over any auxiliary or ancillary contract that may be accepted by any
employee of the University or State. Any terms, conditions, clauses or specifications that are not consistent with
the terms, conditions, or specifications of the RFB will be considered null and void and will not be enforceable by
the contractor unless agreed to in a written amendment format signed by the UW Colleges Contract
Administrator. These contracts include, at a minimum, “Wrap Around”, “Click and Wrap”, Electronic Commerce
contracts, auxiliary or ancillary service contracts, or any other additional contracts that further define or add
additional service elements to the master contract.
2.8
Campus Delivery Requirements:
Delivery of orders shall be made to University departments five days per week, Monday through Friday, during
normal University business hours.
2.9
Parking:
University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own
arrangements for parking through UW Transportation Services. No additional Contractor costs will be allowed
for parking fees or violations. Unauthorized vehicles parking in University lots or loading docks without permits
will be ticketed and/or towed.
Page 4
2.10
Smoke-Free Environment:
All University buildings are smoke-free buildings. No smoking shall be permitted on or in University buildings.
2.11
Promotional Materials/Endorsements:
Contractor agrees that they will not use any promotional or marketing material which states expressly or implies
that the University endorses either the Contractor or any party related to the Contractor or this Contract.
2.12
Energy Star:
The State encourages the use of equipment which meets the Environmental Protection Agency (EPA) Energy
Star™ requirements. The Energy Star Program is a voluntary contract between an Original Equipment
Manufacturer (OEM) and the EPA. It is not mandatory that every device offered under this bid meet Energy
Star requirements but the bulk of the product line should be energy efficient. Bidder should identify those
items which meet the Energy Star requirements on the Bidder Response Sheet.
Page 5
UNIVERSITY OF WISCONSIN COLLEGES
MADISON, WISCONSIN 53706
BID NO.: CO 11-0002
SECTION #3: RFB PROCESS INSTRUCTIONS
3.1
Clarifications and/or Revisions through Designated Contact:
All communications and/or questions in regard to this request should be in writing and bidders are encouraged
to FAX or e-mail written questions to the Purchasing Office. Verbal questions, when permitted, must be directed
to Rhonda Loger at (608) 262-0164.
If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this
RFB, they have five (5) business days before the bid due date and time to notify, in writing, Rhonda Loger at the
address shown below of such error and request modification or clarification of the RFB document. All written
questions will be responded to in writing and provided to all bidders.
Rhonda Loger
UW Colleges Purchasing
432 N. Lake Street, Rm. 104
Madison, WI 53706
E-mail: rhonda.loger@uwex.edu
PHONE 608/262-0164 -- FAX 608/262-0163
If a Bidder fails to notify the Purchasing Office of an error in the RFB document which is known to the Bidder, or
which should have reasonably been known to the Bidder, then the Bidder shall submit a bid response at the
Bidder’s risk and if awarded a contract, shall not be entitled to additional compensation or delivery or installation
time by reason of the error or its’ later correction.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of
this RFB, Amendments and Revisions will be provided to all recipients of this initial RFB.
3.2
Applicable Dates: (Optional)
Date
Event
August 10, 2010
Date of Issue of the RFB
August 23, 2010 -- 2:00 PM CST/CDT
RFB Due Date (Local Madison Time)
3.3
Conflict of Interest:
By submitting a bid, the bidder certifies that no relationship exists between the bidder and the University that
interferes with fair competition or is a Conflict of Interest, and no relationship exists between such bidder and
another person or firm that constitutes a Conflict of Interest.
3.4
Oral Presentations and Site Visits:
The University, at its sole discretion, may require oral presentations and/or vendor location site visits to
supplement the bids. Failure of a bidder to conduct a presentation on the date scheduled or allow an onsite/vendor site visit may result in rejection of the bid. Oral presentations cannot be used as an opportunity to
alter bids submitted.
3.5
Proprietary Information:
Any information contained in the Bidder’s response that is proprietary must be clearly designated. Marking of
the entire response as proprietary will neither be accepted nor honored. The University cannot
guarantee that all such material noted remains confidential, particularly if it becomes a significant
consideration in contract award. Information will only be kept confidential to the extent allowed by State of
Wisconsin Public Disclosure Law.
Page 6
3.6
Method of Bid:
Bidder must submit a net unit price and extended net total for each item and a total price by lot as
designated. Prices listed should be in US dollars unless otherwise indicated.
3.7
Method of Award:
Award(s) shall be made on the basis of the lowest net line item price(s) and/or the lowest net lot total(s),
whichever is judged to be in the best interest of the University. Bids that state the University shall guarantee
orders of a specific quantity or dollar amount will be disqualified.
3.8
Acceptance and Testing
Acceptance testing will occur within 30 days after the equipment has been delivered. Acceptance testing will be
performed by the University and will consist of verification of the specifications and performance requirements.
If the equipment does not meet specification or performance requirements, the contractor will have 15 days to
meet requirements. If after this time period the equipment still does not meet specifications or performance
requirements, the contractor agrees to remove the equipment and return any payments that may have been
made.
Bill Meyer, or his designee, is the only authorized person who can sign an acceptance form. The warranty period
will begin following the successful acceptance testing.
3.9
Page 7
Minority Business Enterprise (MBE) Preference:
Bids meeting mandatory requirements will be reviewed and considered against the stated terms, conditions and
specifications of bid. Bids from Wisconsin certified Minority Business Enterprises may have their prices and
discounts weighted by a factor of 1.00 to 1.05 to provide up to a five percent (5%) preference to MBE firms.
UNIVERSITY OF WISCONSIN COLLEGES
MADISON, WISCONSIN 53706
BID NO.: CO 11-0002
SECTION #4: BIDDER QUALIFICATIONS
4.1
Bidder Contact Information:
Bidder must designate a person(s) to provide information on: Minority Business, Affirmative Action and Sales
Representative. (See Attachment A – Bidder Response Sheet)
4.2
Bidder Experience:
Bidder (company or its principals) must be in the business of providing similiar item/service and must have
done so for the past three years.
4.3
Authorization:
Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer with
service and repair capabilities for the item. (On Bidder Response Sheet identify account number with
manufacturer, as applicable.)
4.4
Client List/References:
Bidder must supply with their bid a client list of three (3) firms to which similar items/services have been
provided during the past three (3) year(s) to a comparable sized institution or company (see Attachment D). If
contacted, information received from those clients will be used to determine whether bidder can reasonably meet
contract requirements and specifications. Client references may be used in the award consideration.
4.5
Fair Price Analysis:
Purchases made under this contract may require further fair price analysis if only one bidder responds. Bidders
should identify on the Bidder Response Sheet the type of documentation they will provide (i.e. published price
list, list of previous buyers, etc.) to allow the University to complete this analysis. If necessary for the award of
the Contract, the awarded contractor will be required to provide this documentation prior to the order being
issued.
4.6
Trademark:
Bidder must be able to be a UW Colleges Licensee for items bearing trademarks, logos or other symbols of the
University in which the University has a proprietary, licensed or copyright interest.
Page 8
UNIVERSITY OF WISCONSIN COLLEGES
MADISON, WISCONSIN 53706
BID NO.: CO 11-0002
SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS
5.1
F.O.B. Destination, Freight Prepaid and Allowed: (vendor responsible for freight costs with ownership
changing at UW delivery location).
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 780 Regent Street,
Madison, WI. Bid prices must include all packing, freight, insurance charges and installation/operation
manuals.
Failure to bid FOB DESTINATION, FREIGHT PREPAID AND ALLOWED in bid price or discount may disqualify
your bid.
5.2
Timeliness of Delivery:
Delivery is desired as soon as possible after receipt of a purchase order. Please state on the Bidder Response
Sheet when delivery can be made. Timeliness of delivery may be used in evaluation for bid award.
Once awarded, failure to meet this delivery date may result in cancellation of purchase order (award). The
University reserves the right to contract with a second vendor/contractor to receive the items/services per
delivery requests.
5.3
Invoice Payment:
Payment will not be made until the item/service is determined to meet all specifications and has been accepted
by the University of Wisconsin Colleges.
5.4
Shipments, Duplicates and Overshipments:
Upon notification by the University of a duplicated order or overshipment, the items identified must be removed
at the contractor's expense. If the duplicated or overshipment items are not removed within 30 days of written
notification, the University reserves the right to dispose of them as its own property and shall not be held liable
for any cost for the items.
5.5
Insurance:
The Contractor shall maintain insurance levels as required in STANDARD TERMS AND CONDITIONS,
SECTION 22.0.
5.6
Executed Contract to Constitute Entire Contract
The University's Request for Bid the bid responses, written communications and this Contract constitute the
entire Contract between the parties. The hierarchy of documents in descending order for resolution is as
follows:
A.
B.
C.
D.
Page 9
Contract Award Letter
Original Request for Bid Number CO 11-0002, dated August 10, 2010 including amendments/attachments
Bidder response to RFB
Official Purchase Order (when applicable)
UNIVERSITY OF WISCONSIN COLLEGES
MADISON, WISCONSIN 53706
BID NO.: CO 11-0002
SECTION #6 SPECIFICATIONS
SPECIFICATIONS OF ITEMS TO BE PROVIDED: (see Attachment B)
See SPECIFICATIONS and/or ITEMIZED BID LIST for the minimum acceptable specifications for items/services
desired.
Failure to provide product specifications and information for item(s) bid may disqualify your bid. The University will be
the sole judge of equivalent acceptability between bidders responses.
UW Specifications may not be revised without an official written amendment issued by Purchasing.
6.1
Specific manufacturer(s) and/or catalog/model/stock numbers are provided to establish the design, type of
construction, quality, functional capability and performance level desired. The bidder may offer an alternate item
believed to be an equal. Any alternate item bid must be clearly identified by manufacturer, catalog, model or
stock number. Adequate detailed specifications (including brochures, operating manuals, maintenance
manuals or other written materials) of any alternate item offered must be included with your bid to establish
equivalency.
6.2
Warranty:
6.2.1
Contractor must honor, at a minimum, the manufacturer's standard warranty on items and/or parts
purchased under this contract. Bidder must indicate warranty term on Bidder Response Sheet and
enclose standard warranty documents with your bid.
6.2.2
6.3
6.4
Contractor is requested to provide a copy of maintenance contracts and quote on maintenance
available after expiration of the warranty term. Please include terms, which components shall be
covered and annual cost on the Itemized Bid List or on attachments to the bid response as necessary.
Subcontracting:
6.3.1
Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or
otherwise transferred to any other Contractor without prior written approval by Purchasing.
6.3.2
If subcontractors are to be used, the Contractor must clearly explain their participation.
6.3.3
Subcontractors must abide by all terms and conditions under this Contract.
6.3.4
The Contractor shall be directly responsible for any subcontractor's performance and work quality
when used by the Contractor to carry out the scope of the job
Employee Identification: All Contractor’s employees, while working on University property, must wear a clearly
displayed photo identification badge or uniform showing name of employee and/or company represented. Any
identification must be provided by the Contractor at the Contractor’s cost.
Page 10
UNIVERSITY OF WISCONSIN COLLEGES
MADISON, WISCONSIN 53706
BID NO.: CO 11-0002
ATTACHMENT A: BIDDER RESPONSE SHEET
Terms and Conditions
A contract will be awarded based on the criteria established in this bid. The Specifications, Special and Standard Terms
and Conditions, Attachments to the bid document, Bidder response and any UW College Purchase Order will become
the Contract between the University and the Contractor. Bidder must accept these Specifications, Special and
Standard Terms and Conditions or submit detailed and defined exceptions along with proposed alternative or additional
language for each exception.
Submitting a standard Bidder Contract as a complete substitute or alternative for the language in this solicitation will not
be accepted and may result in rejection of the vendor’s bid.
The University reserves the right to negotiate contractual terms and conditions or reject the Bidder’s response and
proceed to the next qualified bidder.
==========================================================================================
NOTE: this form must be returned with your bid response. Numbers identified correspond to those Sections shown
in the SPECIAL CONDITIONS OF BID. Bidder may attach additional relevant information to their bid response; identify
sections to which information applies.
YES
NO
1.1
Have you included two (2) complete sets of your bid?
Have you completed and returned all forms required?
2.4
Do you agree to extend the pricing on this contract to other:
University of Wisconsin System campuses?
State of Wisconsin Agencies?
Wisconsin Municipalities?
If YES, indicate whether other charges will be added and what those
charges would be:
2.12
Which of your items meet the Energy Star requirements?
_______________________________________________________
_______________________________________________________
_______________________________________________________
4.1
Bidder must designate a person(s) to provide information on: Minority Business,
Affirmative Action and Sales Representative.
MINORITY BUSINESS
Contact Name: _______________________
PHONE: ____________________________
FAX: _______________________________
E-MAIL:_____________________________
AFFIRMATIVE ACTION
Contact Name: _______________________
Address: ____________________________
__________________________________
__________________________________
PHONE: ____________________________
SALES REPRESENTATIVE:
Name: ___________________________________________
Phone: ___________________ Fax: __________________
EMAIL: ________________________________________________________
Page 11
WEBSITE: _____________________________________________________
4.2
Are you in the business of providing similar items/services and has your company
or its principals done so for the past three years?
4.3
Are you an original manufacturer, authorized distributor, or dealer authorized by
Manufacturer with service and repair capabilities for the item?
(Identify account number with manufacturer, as applicable.)
Identify Account # ___________________________
4.4
Have you provided a client list?
4.5
What type of documentation (i.e. published price list, list of previous buyers, etc.)
will you provide to assist the University in its fair price analysis in the event there is only one
bidder responding to the bid?
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
5.1
Are you bidding all prices F.O.B. Destination, Freight Prepaid and Allowed?
(Be sure to read Section 2. carefully)
5.2
Please state delivery time ____ days After Receipt of Order (ARO).
5.4
Do you agree to terms regarding duplicates and overshipments?
5.5
Will you provide insurance certificate(s) indicating coverage and agree to maintain
coverage as required in 5.5(?)
6.2
Will you honor manufacturer standard warranty?
If YES, have you enclosed standard warranty documents?
Warranty term: __________________
6.2.1 Do you agree to minimum warranty as stated?
6.2.2 Have you included the maintenance information and a sample maintenance contract form?
6.3
Do you agree to subcontracting terms and conditions?
6.4
Will you agree to have all employees wear appropriate identification?
The Bidder certifies by submission of the bid that neither it nor its principals is presently suspended or declared
ineligible from participation in this transaction by any Federal Department or Agency. ___________ (Initial)
I certify that the information I have provided in this bid is true and I understand that any false, misleading or missing
information may disqualify the bid.
__________________________________________
Company Name (print or type)
______________________________________________
Bidder's name & title (print or type)
__________________________________________
Bidder's Signature
______________________________________________
Date
__________________________________________
E-mail address
Page 12
UNIVERSITY OF WISCONSIN COLLEGES
MADISON, WISCONSIN 53706
BID NO.: CO 11-0002
ATTACHMENT B: SPECIFICATIONS
SPECIFICATIONS – Automated Survey-Based Evaluation in Education
Fully automated system for evaluating instruction in Higher Education. Enables surveys to be carried out on a regular
basis, identifies trends and tendencies and strengths and weaknesses. Provides an overview of data collected at the
department level for comparison by course and course type. Allows instructors to add specific questions to be included in
their course survey.
1.00
2.00
3.0
Page 13
GENERAL DESCRIPTION
1.01
The course evaluation system must provide an effective tool for comprehensively implementing and processing
surveys and faculty evaluations for quality assurance purposes and accreditation.
1.02
University leaders want to minimize additional work for faculty members that support a service oriented concept
for implementing the evaluation process. An automated, web based, customizable survey tool is essential.
1.03
Deans and Department Chairs need an overview of data collected across their respective areas. Reporting must
reflect comparative data by course subject and course type.
1.04
Faculty members require surveys that are prompt and accurate. Surveys must also be flexible enough to allow
incorporation of course specific questions.
1.05
The system must provide data security and system access security as well as conform to university evaluation
policy and regulations.
1.06
The system must be a complete web-based centralized customizable solution with the option of adding scanners
and paper forms at a later date.
Operating Features
2.01
Create on-line and paper faculty/course evaluations and other types of general surveys.
2.02
Generation of reminder emails for on-line surveys to increase response rates.
2.03
Ability to create and manage custom surveys.
2.04
Retention of historical data on all courses and instructors.
2.05
Automated reporting and compilation at department and college level.
2.06
Must prevent students from responding more than once to an on-line survey.
Minimum overall technical requirements
3.01
Must be completely web based.
3.02
Must integrate with Desire to Learn (Learning Management System).
3.03
Must integrate with Microsoft Exchange/Active Directory .
Page 14
3.04
Must allow for user role management/administration.
3.05
Must have an easy to use survey form editor.
3.06
Must use a standard database architecture (Oracle, SQL or MySQL) .
3.07
Must provide access and data security.
3.08
Must allow for importing or exporting data.
3.09
Must allow for authentication against Active Directory.
3.10
Must be scalable
UNIVERSITY OF WISCONSIN COLLEGES
MADISON, WISCONSIN 53706
BID NO.: CO 11-0002
ATTACHMENT C: ITEMIZED BID LIST
Item
1
2
3
Description
Software per bid
specifications: Provide
detail list of items and
price.
Training per bid
specifications: Provide
detail description of what
is included.
System
Integration/Implementation
per bid specifications:
Provide detail description
of what is included.
Proposer's Cost per
unit (B)
Extended Total Per
Item (A) + (B)
1
$
$
1
$
$
1
$
$
Quantity of Units (A)
LOT TOTAL (ITEMS 1-3)
$
Optional Items:
4
Hardware Required to
support System: Provide
detail list of items and
price (Not part of the
award method)
1
$
$
5
Annual Software
Maintenance (Not part of
the award method)
1
$
$
6
Annual Hardware
Maintenance (Not part of
the award method)
1
$
$
Page 15
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53706
BID NO.: CO 11-0002
ATTACHMENT D - CLIENT REFERENCE LIST
Bidder Name:____________________________________________________________________________________
The Bidder must provide a minimum of three (3) business references.
1.
Reference Name: _____________________________________________ Contact: ___________________________
Address: _____________________________________________________________________________________________
Phone #: (
) ____________________ E-mail address_______________________________________________________
Fax/Internet address:____________________________________________________________________________________
Description and date(s) of commodities and services provided: __________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
2.
Reference Name: _____________________________________________ Contact: ___________________________
Address: _____________________________________________________________________________________________
Phone #: (
) ____________________ E-mail address_______________________________________________________
Fax/Internet address:____________________________________________________________________________________
Description and date(s) of commodities and services provided: __________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
3.
Reference Name: _____________________________________________ Contact: ___________________________
Address: _____________________________________________________________________________________________
Phone #: (
) ____________________ E-mail address_______________________________________________________
Fax/Internet address:____________________________________________________________________________________
Description and date(s) of commodities and services provided: __________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
References may be contacted to confirm the Bidder’s abilities and qualifications as stated in the Bidder’s
response. The University may perform due diligence by contacting any applicable business reference,
including references from within the UW System. The University reserves the right to disqualify any Bidder
whose references don’t support their stated claim of qualifications in their response.
Page 16
UNIVERSITY OF WISCONSIN COLLEGES
MADISON, WISCONSIN 53706
BID NO.: 11-0002
ATTACHMENT E: BIDDER INFORMATION SHEET
VENDOR NOTE: THIS SECTION MUST BE COMPLETED AND THIS FORM RETURNED WITH YOUR BID
RESPONSE
1. In accordance with Wisconsin Statutes 16.75(3m), 16.752 and 560.035(1)(c), please indicate if you are a
Wisconsin Certified minority business, sheltered workshop center or woman owned business:
____ Minority (MBE) ____Sheltered Workshop ____ Woman Owned Business (WBE) ___ Not applicable
(If no answer is indicated on the above, we will assume you are neither when making the award)
2. Pursuant to Public Law 95-507, indicate which of the following classifications apply to your organization. All
vendors are considered Large Business unless otherwise indicated (see website: www.sba.gov/). (Check all that
apply.)
____________ LARGE BUSINESS (LG)
____________ SMALL BUSINESS (SB)
____________ VETERAN OWNED SMALL BUSINESS (VOSB)
____________ SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB)
____________ HISTORICALLY UNDER UTILIZED BUSINESS ZONE (HUBZONE)
____________ SMALL DISADVANTAGED BUSINESS (SDB)
____________ WOMAN-OWNED SMALL BUSINESS (WOSB)
3. AMERICAN MADE: Wisconsin Statutes S. 16.754, directs the state to purchase materials which are
manufactured to the greatest extent in the United States when all other factors are substantially equal.
“Substantially equal” means when bids are tied or proposal scores are equal. Indicate whether the material
covered in your bid/proposal were manufactured in whole or in substantial part within the United States, or the
majority of the component parts thereof were manufactured in whole or in substantial part in the United States.
____________ YES
____________ NO
____________ UNKNOWN
4. MINORITY BUSINESS PARTICIPATION: As a mandatory component of this proposal (or bid), you must complete
the “Supplier Diversity, Minority Business Enterprise (MBE) Program Commitment” form that is a part of this
document.
I have reviewed, completed and enclosed the “Diversity, Minority Business Enterprise (MBE) Program
Commitment” form.
____________ YES
____________ NO
5. RECYCLED PRODUCTS/PACKAGING/DISPOSAL TECHNIQUES: The University is committed to promote
environmentally sound procurement, usage and disposal methods which are in compliance with State of Wisconsin
County, and Municipal regulations. Currently the University has a recycling program for starch and Styrofoam
packing peanuts. The University’s preference is to receive starch peanuts whenever possible. The Contractor
shall not use INSTAPAK (or similar) or mix starch and Styrofoam peanuts under any circumstances. Each
product shall be separately pre-packed in accordance with commercially accepted methods. Small products may
be packaged in protective envelopes (Mail-Lite or Bubble-Jet packs).
Page 17
UNIVERSITY OF WISCONSIN COLLEGES
MADISON, WISCONSIN 53706
BID NO.: CO 11-0002
ATTACHMENT F
SUPPLIER DIVERSITY, MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM COMMITMENT
BID NUMBER:
DATE
CO 11-0002
As an agency of the State of Wisconsin, the University of Wisconsin Colleges shares the state goal of spending 5% of
total purchases with certified minority businesses. State of policy provides that Minority owned Business Enterprises
(MBE) certified by the Wisconsin Department of Commerce; Bureau of Minority Development should have the
maximum opportunity to participate in the performance of its contracts. To support the University’s pursuit of the 5%
goal we expect all contracted vendors to proactively subcontract with MBE companies wherever possible.
Your complete response to the questions below will confirm the following; a) an indication that you understand
the University’s goal, b) a listing of vendors with which you intend to subcontract, c) a description of the MBE
expenditures you will be able to report to us, and d) a statement expressing your commitment to complete the
annual report that will reflect your subcontracting efforts for the year.
A listing of certified minority businesses, as well as the services and commodities they provide, is available on the web
at: http://www.doa.state.wi.us/mbe or you can contact, Wisconsin Department of Administration, Minority Business
Enterprise Program at 608-267-3293.
Information regarding certification of minority businesses is available at: http://commerce.wi.gov or you can direct
further questions to Seyoum Mengesha at 414-220-5362 or seyoum.mengesha@wisconsin.gov.
Authority for this program is found in Wisconsin Statutes 15.107(2), 16.75(4), and 16.755 and 560.036(2), and details
about the program can be found at: http://www.legis.state.wi.us
Please complete and sign the following information:
1. Our company is a Wisconsin certified MBE.
_____ YES
_____NO
2. We are aware of, and support the University’s goal to spend 5% of their total
purchasing dollars with certified MBE firms.
_____ YES
_____NO
3. If this is an on-going contract, we are aware that our company will receive an annual
request from the University to report all expenditure activity with sub-contracted
MBE vendors in support of this contract.
_____ YES
_____NO
4. Our company intends to subcontract the indicated dollar volume with the MBE firms listed below:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
______________________________
Signature
________________________
Date
______________________________
Printed name
________________________
Title
Page 18
UNIVERSITY OF WISCONSIN COLLEGES
MADISON, WISCONSIN 53706
BID NO.: CO 11-0002
ATTACHMENT G: STANDARD TERMS AND CONDITIONS
1.0
SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and
model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or
performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock
number, and such other information necessary to establish equivalency. The UW Colleges shall be the sole judge of
equivalency. Bidders/proposers are cautioned to avoid bidding alternates which may result in rejection of their
bid/proposal.
2.0
DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications
shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. Each deviation
and exception must be identified by the section, page and paragraph to which it applies. In the absence of such
statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications
and the bidder/proposer shall be held liable.
3.0
QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used,
demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval
by the University.
4.0
QUANTITIES: The quantities shown on this request are based on estimated needs. The University reserves the
right to increase or decrease quantities to meet actual needs.
5.0
PRICING AND DISCOUNT: The University qualifies for governmental discounts and its educational institutions also
qualify for educational discounts. Unit prices shall reflect these discounts.
5.1
Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as
stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish
the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.
5.2
Prices established in continuing agreements and term contracts may be lowered due to general market
conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any
increase proposed shall be submitted to the University thirty (30) calendar days before the proposed effective
date of the price increase, and shall be limited to fully documented cost increases to the Contractor which are
demonstrated to be industry-wide. The conditions under which price increases may be granted shall be
expressed in bid/proposal documents and contracts or agreements.
5.3
In determination of award, discounts for early payment will only be considered when all other conditions are
equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed
favorable. All payment terms must allow the option of net thirty (30).
6.0
UNFAIR SALES ACT: Prices quoted to the University are not governed by the Wisconsin Unfair Sales Act.
7.0
ACCEPTANCE-REJECTION: The University reserves the right to accept or reject any or all bids/proposals, to waive
any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best
interest of the State of Wisconsin.
8.0
ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the Contractor by
University. No other purchase orders are authorized.
9.0
PAYMENT TERMS AND INVOICING: The University normally will pay properly submitted vendor invoices within
thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted
as specified.
Page 19
9.1
Invoices presented for payment must be submitted in accordance with instructions contained on the purchase
order including reference to purchase order number and submittal to the correct address for processing.
Invoice payment processing address is shown on the upper left corner of the purchase order. Send invoices to
the Accounts Payable address on the purchase order. Do not send invoices to the ship to address.
9.2
Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty (30) days
after receipt of a properly completed invoice, unless the vendor is notified in writing by the agency of a dispute
before payment is due.
9.3
Bidders/proposers shall include discounts for early payment (See 5.3) as a percent reduction of invoice.
Invoice discounts shall be determined, where applicable, from the date of acceptance of goods and/or the
receipt of invoice, whichever is later. Discounts for early payment terms stated on the bid/proposal must be
shown plainly on the invoice; discounts for early payment not shown on the invoice will be taken.
9.4
Invoices submitted not in accordance with these instructions will be removed from the payment process and
returned within ten (10) days.
9.5
Payment terms and invoicing for procurement card will be made in accordance with the procurement card
contact.
10.0 TAXES: The University, an agency of the State of Wisconsin, is exempt from payment of all federal tax and
Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The
Department of Revenue of the State of Wisconsin does not issue a tax exempt number; however, University is
exempt from State of Wisconsin sales or use tax under s.77.54(9a)(a). Registration No. 39-73-1021-K, was issued
by the Internal Revenue Service to authorize tax-free transactions under Chapter 32 of the Internal Revenue Code.
10.1 The University, an agency of the State of Wisconsin, is required to pay the Wisconsin excise or occupation tax
on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel.
However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The University may be
subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors
performing construction activities are required to pay state use tax on the cost of materials.
11.0 GUARANTEED DELIVERY: Failure of the Contractor to adhere to delivery schedules as specified or to promptly
replace rejected materials shall render the Contractor liable for all costs in excess of the contract price when
alternate procurement is necessary. Excess costs shall include the administrative costs.
12.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a
result of this request except where special requirements are stated elsewhere in the request; in such cases, the
special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments
shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or
acknowledgment shall be effective or binding unless expressly agreed to in writing by the University.
13.0 APPLICABLE LAW: This contract shall be governed under the laws of the State of Wisconsin. The Contractor shall
at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in
effect during the period of this contract and which in any manner affect the work or its conduct. The University
reserves the right to cancel any contract with a federally debarred Contractor or a Contractor that is presently
identified on the list of parties excluded from federal procurement and non-procurement contracts.
14.0 ANTITRUST ASSIGNMENT: The Contractor and the University recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the Contractor
hereby assigns to the University any and all claims for such overcharges as to goods, materials or services
purchased in connection with this contract.
15.0 ASSIGNMENT: No right or duty in whole or in part of the Contractor under this contract may be assigned or
delegated without the prior written consent of the University.
16.0 DISPUTES: Disputes should be addressed to the University Purchasing Office, Director of Purchasing Services, 432
N. Lake St., Room 104, Madison, WI 53706.
17.0 NONDISCRIMINATION/ AFFIRMATIVE ACTION:
17.1 In connection with the performance of work under this contract, the Contractor agrees not to discriminate
against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical
condition, developmental disability as defined in s.51.01(5), Wisconsin Statutes, sexual orientation as defined
in s.111.32(13m) Wis. Stats., or national origin. This provision shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with
respect to sexual orientation, the Contractor further agrees to take affirmative action to ensure equal
employment opportunities.
17.2 Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written
affirmative action plan by the Contractor. An exemption occurs from this requirement if the Contractor has a
workforce of less than twenty-five (25) employes. Within fifteen (15) working days after the contract is
awarded, the Contractor must submit the plan to the contracting state agency for approval. Instructions on
preparing the plan and technical assistance regarding this clause are available from the contracting state
agency.
17.3 The Contractor agrees to post in conspicuous places, available for employes and applicants for employment, a
notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin
nondiscrimination law.
Page 20
17.4 Failure to comply with the conditions of this clause may result in the Contractor's becoming declared an
"ineligible" Contractor, termination of the contract, or withholding of payment.
17.5 To the extent required by law, 41 CFR 60-1.4(a) and (b) are incorporated by reference in these Standard Terms
and Conditions. Additionally, the Contractor certifies compliance with 41 CFR 60-1.8 and does not and will not
maintain any facilities provided for employees in a segregated manner. The Contractor further agrees to obtain
identical certifications from any subcontractors prior to the award of a subcontract exceeding $25,000 which is
not exempt and will retain such certification for audit purposes.
18.0 PATENT INFRINGEMENT: The Contractor selling to the University the articles described herein guarantees the
articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or
use of the articles described herein will not infringe any United States patent. The Contractor covenants that it will at
its own expense defend every suit which shall be brought against the University (provided that such Contractor is
promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by
reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in
any such suit.
19.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the University must comply fully with
all safety requirements as set forth by the Wisconsin Administrative Code, Rules of the Industrial Commission on
Safety, and all applicable OSHA Standards.
20.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous
chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item
with the shipped container(s).
21.0 WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this
request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt. The
equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the Contractor.
22.0 INSURANCE RESPONSIBILITY: The Contractor performing services to the University shall:
22.1 Maintain worker's compensation insurance as required by Wisconsin Statutes for all employees engaged in the
work.
22.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might
occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000)
liability for bodily injury and property damage including products liability and completed operations. Provide
motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract.
Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for
automobile liability and property damage.
22.3 The state reserves the right to require higher or lower limits where warranted.
22.4 Upon request by the University, the Contractor is required to provide a Certificate of Insurance with a minimum
60 day cancellation notice, from an insurance company licensed to do business in the State of Wisconsin, with
a minimum AM Best rating of A-, and signed by an authorized agent.
23.0 CANCELLATION: The University reserves the right to cancel any contract in whole or in part without penalty due to
nonappropriation of funds or for failure of the Contractor to comply with terms, conditions, and specifications of this
contract.
24.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments
offset by the State of Wisconsin.
25.0 OMNIBUS RECONCILIATION ACT: (Public Law 96-499) To the extent required by law, if this contract is for
acquisition of services with a cost or value of $25,000 or more within any 12-month period, including contracts for
both goods and services in which the services component is worth $25,000 or more within any 12-month period, the
Contractor shall in accordance with 42 C.F.R., Part 420, Section 1861 of the Omnibus Reconciliation Act of 1980
(P.L. 96499) and permit the comptroller general of the United States, the United States Department of Health and
Human Services, and their duly authorized representatives, access to the Contractor's books, documents and
records until the expiration date of four (4) years after the approval of procurement activities.
26.0 PUBLIC RECORDS ACCESS: It is the intention of University to maintain an open and public process in the
solicitation, submission, review, and approval of procurement activities. Bid/proposal openings are public unless
otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to
award or the award of the contract.
Page 21
27.0 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request must be clearly
stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in
accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law.
Proprietary restrictions normally are not accepted. However, when accepted, it is the vendor's responsibility to
defend the determination in the event of an appeal or litigation.
27.1 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of
the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and
innovations become the property of the State of Wisconsin.
27.2 Any material submitted by the vendor in response to this request that the vendor considers confidential and
proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material
which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of
Confidential and Proprietary Information form (DOA-3027). Bidders/proposers may request the form if it is not
part of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential.
28.0 DISCLOSURE: If a state public official (s. 19.42, Wisconsin Statutes), a member of a state public official's
immediate family, or any organization in which a state public official or a member of the official's immediate family
owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of
more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state
unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract. Disclosure
must be made to the State of Wisconsin Ethics Board, 44 E. Mifflin Street, Suite 601, Madison, Wisconsin 53703
(Telephone 608-266-8123). State classified and former employes and certain University faculty/staff are subject to
separate disclosure requirements, s. 16.417, Wis. Stats.
29.0 ANTI-KICKBACK ACT of 1986: (41 USC 51 et. seq): To the extent required by law, the officer or employe
responsible for submitting this bid shall certify, in accordance with 48 CFR 52.203-7, to the best of their knowledge,
that they have no information concerning the violation of the Anti- Kickback Act in connection with the submitted
bid/proposal. Signing the bid/proposal with a false statement shall void the submitted bid/proposal and any resulting
contract(s).
30.0 RECYCLED MATERIALS: The University is required to purchase products incorporating recycled materials
whenever technically or economically feasible. Bidders/proposers are encouraged to bid/propose products with
recycled content which meet specifications.
31.0 HOLD HARMLESS: The Contractor will indemnify and save harmless the State of Wisconsin and all of its officers,
agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or
damages received by any persons or property resulting from the operations of the Contractor, or of any of its
Contractors, in prosecuting work under this agreement.
32.0 PROMOTIONAL ADVERTISING/NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its
departments, agencies (University) or other subunits, or any state official or employee for commercial promotion is
prohibited. News releases pertaining to this procurement shall not be made without prior approval of the University.
Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of
the contracting agency.
33.0 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wisconsin Statutes, and must ensure
that when engaged in the production of materials, supplies or equipment or the performance of contractual services,
not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped
individuals.
34.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which
becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats.,
relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of
Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt
from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a
certificate of authority should contact the Department of Financial Institutions, Division of Corporation, P.O. Box
7846, Madison, WI 53707-7846; telephone (608) 261-7577.
35.0 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this Agreement in
accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are
not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual
capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather,
but in every case the failure to perform such must be beyond the reasonable control and without the fault or
negligence of the party.
Page 22