11-0097 Request for Bid Package

11-0097 Request for Bid Package
VENDOR NET TRANSMISSION COVER LETTER
DATE:
January 25, 2011
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, 21 N Park St, Suite 6101, Madison, WI
53715-1218, 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 WisconsinMadison Purchasing Services (Bid Processing) at (608) 262-0059.
PURCHASING SERVICES
University of Wisconsin-Madison  21 N Park St, Suite 6101 Madison, WI 53715-1218
608/262-0059  (Fax) 608/262-4467  www.bussvc.wisc.edu  [email protected]
University of Wisconsin - Madison
REQUEST FOR BID
AGENT: Vint Quamme
Questions regarding this bid – see Section 3.1
THIS IS NOT AN ORDER
For Submittal of Bid Instructions – see Section #1.
Bid prices and terms shall be firm for sixty (60) days from
the date of bid opening, unless otherwise specified in this
Request for Bid by the UW-Madison Purchasing
Services.
OFFICIAL SEALED
BID NUMBER: 11-0097
ISSUE DATE: 1/25/11
DUE DATE: 2/7/11
If NO BID (check here)
2:00 PM CST
and return.
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.
DESCRIPTION
1700V 3600A IGBT Devices with Concept Driver Boards
In signing this bid, we have read and fully understand and agree to all terms, conditions and specifications and
acknowledge that the UW-Madison Purchasing Services bid document on file shall be controlling. 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. 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:
COMPANY STREET ADDRESS:
COMPANY CITY, STATE & ZIP:
SIGNATURE:
DATE :
TYPE OR PRINT NAME:
TITLE:
TELEPHONE NUMBER: (
EMAIL ADDRESS:
FEIN NUMBER:
DUNS #:
)
FAX NUMBER:
(
)
UNIVERSITY OF WISCONSIN
BID NO.: 11-0097
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 Wisconsin Sales and Use Tax Registration
2.5 VendorNet
2.6 Campus Delivery Requirements
2.7 Parking
2.8 Smoke-Free Environment
2.9 Promotional Materials/Endorsements
2.10 Energy Star
3-4
SECTION #3: RFB PROCESS INSTRUCTIONS
3.1 Clarifications and/or Revisions through Designated Contact
3.2 Conflict of Interest
3.3 Method of Bid
3.4 Method of Award
3.5 Samples and Evaluation
3.6 Minority Business Enterprise (MBE) Preference
5-6
SECTION #4: BIDDER QUALIFICATIONS
4.1 Bidder Contact Information
4.2 Bidder Experience
4.3 Authorization
4.4 Client List/References
4.5 Debarment
7
SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS
5.1 F.O.B. Destination, Freight Prepaid and Allowed –AND5.1 On Site Service
5.2 Timeliness of Delivery
5.3 Shipments, Duplicates and Overshipments
5.4 Insurance
8
SECTION #6: SPECIFICATIONS
6.2 Warranty
6.3 Subcontracting
6.4 Employee Identification
9
ATTACHMENT A BIDDER RESPONSE SHEET
ATTACHMENT B SPECIFICATIONS/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 STANDARD TERMS AND CONDITIONS
ATTACHMENT G APPLICABLE FEDERAL RULES
10-11
12
13
14
15
16-20
21-23
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0097
PAGE 1 OF 23
INTRODUCTION
SECTION #1: SUBMITTAL INSTRUCTIONS
A completed and signed bid response must be received and date/time stamped in by UW-Madison Purchasing
Services prior to 2:00 p.m. CST 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 bids must be received and date/time stamped at Purchasing Services, 21 N.
Park Street, Suite 6101, Madison, WI 53715-1218, prior to 2:00 p.m. CST on the stated bid due date.
HAND DELIVERY:
Original and one (1) copy of hand-delivered bids may be delivered by vendor or third-party/courier service in a
sealed envelope or package. Call 608-262-1526 for assistance upon arrival. Bids must be received and
date/time stamped at Purchasing Services, 21 N. Park Street, Suite 6101, Madison, WI 53715-1218, prior to 2:00
p.m. CST on the stated bid due date.
FAXING:
Faxed bids: A complete copy of the entire response must be completely transmitted and received and
date/time stamped at Purchasing Services prior to 2:00 p.m. CST on the stated bid due date.
FAX: (608) 262-4467 (AVAILABLE 24 HOURS A DAY).
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 on the stated bid due date via e-mail to: [email protected] Submitting a
bid to any other e-mail address than [email protected] does not constitute receipt of a valid bid by
Purchasing Services. Proof of transmission doesn't constitute proof of receipt. If the e-mail submission does
not contain ACTUAL signatures and initials (not computer generated), then those pages that require
signatures and/or initials should be signed and returned via fax (608-262-4467) and should be received
prior to 2:00 p.m. CST on the stated due date.
VENDOR NOTE: FOR THE PURPOSES OF THE RETURN ADDRESS LABEL, IF THE ADDRESS IS THE SAME AS YOU
LISTED ON THE REQUEST FOR BID FORM – YOU DO NOT NEED TO FILL OUT THE RETURN ADDRESS LABEL.
RETURN ADDRESS LABEL:

OFFICIAL SEALED
NUMBER: 11-0097
DUE DATE: 2/7/11
TIME: 2:00 PM CST
INSERT
VENDOR NAME HERE: ______________________________________
ADDRESS: ________________________________________________
________________________________________________
________________________________________________
UNIVERSITY OF WISCONSIN-MADISON
PURCHASING SERVICES
21 N PARK ST, SUITE 6101
MADISON, WI 53715-1218
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
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.
8.
1.2
BID NO.: 11-0097
PAGE 2 OF 23
Request for Bid Form (signed)
Bidder Response Sheet (including attachments as requested on Bidder Response Sheet)
(Attachment A)
Specifications/Itemized Bid List, detail for the item(s) bid (Section 6) (Attachment B)
Client Reference List (Attachment C)
Bidder Information Sheet (Attachment D)
Supplier Diversity, Minority Business Enterprise (MBE) Program Commitment (Attachment E
Standard Terms and Conditions (Attachment F)
Applicable Federal Rules (Attachment G)
PLEASE SEND TWO (2) COMPLETE SETS OF YOUR BID (If faxing or e-mailing your bid, one copy is
sufficient – do not submit twice).
RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0097
PAGE 3 OF 23
SECTION #2: GENERAL INFORMATION
2.1
Purpose:
The University of Wisconsin-Madison, hereinafter referred to as the "University", through its Purchasing
Services Department, hereinafter referred to as "Purchasing, requests bids for the purchase of 1700V 3600A
IGBT Devices with Concept Driver Boards.
Scope:
The estimated item quantities identified on the "ITEMIZED BID LIST" are for bid purposes only. Bidders are
asked to provide pricing for various quantity levels. Orders placed will based on the best value for the University
as that relates to the budget available. It is anticipated that 24 IGBT Devices and compatible Concept 1GBT
Drivers will be purchased as a result of this bid, however, the University does not guarantee to purchase any
specific quantity or dollar amount.
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. This
contract bid document and the awarded bidder’s (Contractor’s) response information shall become the
Contract.
Please note that Infineon manufactured product has been listed in the specifications section. Fuji product has
also been identified as an acceptable product. Other products may be bid, however, they must meet or exceed
the Infineon and/or Fuji specifications and supplied with a compatible Concept Intelligent Power Electronics IGBT
Driver.
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 materials
showing performance features and details for the items/services you propose to furnish for the items being bid.
For alternate items being bid, the Bidder must clearly identify by manufacturer’s name, catalog and model
number. See “Standard Terms and Conditions,” items 1, 2, 3, and 5.1.
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 Madison 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-Madison Department of Engineering.
IGBT means Insulated Gate Bipolar Transistor
MBE means Minority Business Enterprise.
RFB means Request for Bid.
State means State of Wisconsin.
University and UW both mean University of Wisconsin-Madison.
2.3
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 contract and 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
(http://www.bussvc.wisc.edu/purch/stdterms1.html). Some exceptions may apply. FAQ info is available at:
http://www.bussvc.wisc.edu/purch/VendorInfo/AffAction/AffirActionInfo.html. Instructions for completing a
plan are available upon request.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
2.4
BID NO.: 11-0097
PAGE 4 OF 23
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
2.5
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.
2.6
Campus Delivery Requirements:
2.6.1 Delivery of orders shall be made to University departments five days per week, Monday through Friday,
during normal University business hours.
2.6.2 The University of Wisconsin-Madison no longer permits access to trucks over 30 ft. in length on several
designated streets on this campus. The exceptions are trucks necessary for the delivery or pick up of
perishable commodities, private construction vehicles, vehicles carrying radioactive materials, and campus
service vehicles. For specific policy language, a campus map and restrictions, see the University
Transportation Services website at http://transportation.wisc.edu/resources/large_truck.aspx.
2.7
Parking:
University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own
arrangements for parking through UW Transportation Services at 610 N. Walnut Street, WARF Building Room
#120, Madison, WI 53726 (608) 263-6667. No additional Contractor costs will be allowed for parking fees or
violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed
and/or towed.
2.8
Smoke-Free Environment:
All University buildings are smoke-free buildings.
2.9
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.
2.10
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.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0097
PAGE 5 OF 23
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 must reference the bid
number. Bidders are encouraged to FAX or e-mail written questions to the Agent. Verbal questions, when
permitted, must be directed to the Agent.
If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this
RFB, they have five (5) business days after the bid issue date and time to notify, in writing, the Agent at the
address shown below of such error and request modification or clarification of the RFB document. All written
questions will be responded to in writing and provided to all bidders.
ADMINISTRATIVE:
Vint Quamme
UW Purchasing
21 N Park St, Suite 6101
Madison, WI 53715-1218
E-mail: [email protected]
PHONE 608/262-1147 -- FAX 608/262-4467
TECHNICAL:
Ben Lewicki
E-mail: [email protected]
PHONE 608/263-7278
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
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.
3.3
Method of Bid:
Bidder must submit a net unit price and an extended net total for the item specified. Bidders should also
provide pricing based on the different volume levels listed. Prices listed should be in US dollars unless
otherwise indicated.
-ANDCustom charges/fees should not be included in the bid price. The University will be responsible for obtaining
custom charges/fees and will determine the customs broker to be used for entry into the United States. Failure
to eliminate these costs from your bid may result in disqualification of your bid. If these charges are identified in
your bid, they will be deducted from your total bid price for award consideration. Custom charges will not be
paid under any circumstances.
3.4
Method of Award:
Award(s) shall be made on the basis of the lowest net unit price and extended net total and volume level
which is judged to be in the best interest of the University. Bids that state the University shall guarantee orders
of a specific quantity or dollar amount will be disqualified.
The University will obtain an estimate from the University’s contracted customs broker for duty fees, port of entry
documentation fees, customs clearance charge, tax, etc. and add these additional costs to all applicable bids
and used in the evaluation for award.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
3.5
3.6
BID NO.: 11-0097
PAGE 6 OF 23
Samples and Evaluation:
3.5.1 Bidder may be requested to submit a no-charge, sample(s) upon request after bids are opened for bid
evaluation purposes or verification of item/service bid.
3.5.2
Samples requested shall be delivered to the designated location no later than the date and time
specified by the University.
3.5.3
Failure to deliver samples within time designated may disqualify your bid.
3.5.4
All samples provided by the Bidder(s) shall be evaluated by the University in an identical manner to
determine whether the items/services bid conform with bid specifications.
3.5.5
Samples provided by the bidder and NOT meeting bid specifications shall be rejected and the bid
submitted may be disqualified if the Bidder cannot provide a sample meeting specifications.
3.5.6
The Bidder will be notified in writing by the University 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
may be disposed of as the University sees fit.
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
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0097
PAGE 7 OF 23
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 IGBT Devices and must have done so for
the past 3 years.
4.3
Authorization:
Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer with service
and repair capabilities available 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) years to a comparable sized institution or company (see Attachment C). 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
Debarment
Federal Executive Order (E.O.) 12549 “Debarment“ requires that all contractors receiving individual awards,
using federal funds, and all subrecipients certify that the organization and its principals are not debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or
agency from doing business with the Federal Government. By signing this document you certify that your
organization and its principals are not debarred. Failure to comply or attempts to edit this language may
disqualify your proposal. Information on debarment is available at the following websites: www.epls.gov and
https://www.acquisition.gov/far/.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0097
PAGE 8 OF 23
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 1415 Engineering Drive,
Madison WI. Bid prices must include all packing, freight, insurance charges and installation/operation manuals.
If bidding other than F.O.B. Destination, as stated, F.O.B. point and shipping charges must be identified on the
Itemized Bid List. This cost will be added to the bid total for determining the award.
Delivered Duty Unpaid (DDU). Bidders must include costs from bidders door to port of destination and local
delivery charges. The University will be responsible for all United States duty fees, port of entry documentation
fees, custom clearance, tax, etc., if applicable.
Please indicate on the Bidder Response Sheet the Country of Origin and Shipping Point.
NOTE: As necessary, awarded Contractor must use the University's contracted customs broker, to be
identified on the purchase order.
Custom duty costs and forms (if applicable) will be handled by the University through the University’s contracted
customs broker. (See Method of Award, Custom Duty Costs.)
Failure to bid FOB DESTINATION, FREIGHT PREPAID AND ALLOWED in bid price or discount may disqualify
your bid.
-AND5.1
On Site Service:
In carrying out the scope of this Contract, the Contractor may be required to perform services on University
property. Bidders cost must include all transportation and insurance charges. The Contractor is required to
maintain insurance in compliance with "Standard Terms and Conditions 22.0 Insurance" and Section 5.6 below.
5.2
Timeliness of Delivery:
Delivery is desired as soon as possible after receipt of an order. Please state on the Bidder Response Sheet
when delivery can be made. Timeliness of delivery may be used in evaluation for bid award.
5.3
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.
5.4
Insurance:
The Contractor shall maintain insurance levels as required in Standard Terms and Conditions, Section 22.0. A
certificate of insurance must be provided upon request and provided on an annual basis throughout the term of
the Contract.
The Contractor shall add: “The Board of Regents of the University of Wisconsin System, its officers,
employees and agents as an ‘additional insured’ under the commercial general, automobile liability policies.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0097
PAGE 9 OF 23
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.
Note: Manufacturer names and model numbers have been listed as known products that meet the Engineering
Department’s needs and will be compatible with all existing equipment.
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
should enclose standard warranty documents with your bid.
6.3
Subcontracting:
6.3.1
Any Contract resulting from this proposal shall not be, in whole or in part, subcontracted, assigned, or
otherwise transferred to any Subcontractor without prior written approval by Purchasing. Upon request
Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#, SS#) and
signed W-9 form.
6.4
6.3.2
The Contractor shall be directly responsible for any subcontractor's performance and work quality
when used by the Contractor to carry out the scope of the job. University reserves the right to assess
Contractor Liquidated Damages in excess of the contract amount for Subcontractor’s failure to perform
or inability to complete required project milestones.
6.3.3
Subcontractors must abide by all terms and conditions under this Contract.
6.3.4
If Subcontractors are to be used, the Contractor must clearly explain their participation, deliverables,
and project milestones prior to commencing work.
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. Badges must be available but will not be required
to be worn when protective clothing and respiratory protection is required.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0097
PAGE 10 OF 23
ATTACHMENT A: BIDDER RESPONSE SHEET
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.
=======================================================================================
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 Madison 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.
=======================================================================================
YES NO
1.1
Have you completed and returned all forms required?
1.2
Have you included two (2) complete sets of your bid?
(only one (1) copy required if faxing or e-mailing)
2.10
Which of your items meet the Energy Star requirements?
_______________________________________________________
_______________________________________________________
_______________________________________________________
3.5
Will you meet all the requirements for samples and evaluation?
4.1
Bidder must designate a person(s) to provide information on: Minority Business,
Affirmative Action, Questions on this RFB and Sales Representative.
MINORITY BUSINESS:
CONTACT NAME
PHONE NUMBER
FAX NUMBER
CONTACT NAME
PHONE NUMBER
FAX NUMBER
CONTACT NAME
PHONE NUMBER
FAX NUMBER
CONTACT NAME
PHONE NUMBER
FAX NUMBER
Address:
E-mail:
AFFIRMATIVE ACTION:
Address:
E-mail:
QUESTIONS ON THIS RFB:
Corporate Address:
E-mail:
SALES REPRESENTATIVE:
E-mail:
Website:
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0097
PAGE 11 OF 23
YES
4.2
Are you in the business of providing IGBT Devices and has your company or its
principals done so for the past 3 years?
4.3
Are you an original manufacturer, authorized distributor, or dealer authorized by
Manufacturer with access to service and repair capabilities for the item?
Identify account number with manufacturer, as applicable.
Account # ___________________________
4.4
Have you provided a client list?
4.5
Do you certify that neither your organization nor your principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency?
5.1
Are you bidding all prices F.O.B. Destination, Freight Prepaid and Allowed?
(Be sure to read Section 5.1 carefully)
Country of Origin ___________________________________________
Shipping Point ____________________________________________
-AND5.1
Are you bidding all prices On Site Service? (Be sure to read Section 5.1 carefully)
5.2
Please state delivery time ____ days After Receipt of Order (ARO).
5.3
Do you agree to terms regarding duplicates and overshipments?
5.4
Will you provide insurance certificate(s) indicating coverage and agree to maintain
coverage as required in 5.4 and will you have added the following language to the
insurance certificate?:
“The Board of Regents of the University of Wisconsin System, its officers, employees and
agents are added as an ‘additional insured’ under the commercial general, automobile (and
Contractor’s) liability policies on any insurance certificate provided”.
6.2
Will you honor manufacturer standard warranty?
If YES, have you enclosed standard warranty documents?
Warranty term: __________________
6.3
Do you agree to subcontracting terms and conditions?
6.4
Will you agree to have all employees wear appropriate identification?
6.15
Is your product capable of being interfaced with cables and connectors?
NO
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0097
PAGE 12 OF 23
ATTACHMENT B: SPECIFICATIONS/ ITEMIZED BID LIST
The University of Wisconsin College of Engineering is requesting bids for the purchase of 1700V 3600A IGBT devices
with Concept Driver Boards. Infineon (Eupec) FZ3600R17HP4-B2 with Concept 1SD536F2-FZ3600R17HP4_B2 IGBT
Driver Board and Fuji 1MBI3600U4D-170 with Concept 1SD536F2-1MBI3600U4D-170 Driver Board are both known to
meet the specifications required and to be compatible with existing equipment. Please complete the following
information as your response to this bid request.
One (1) to Ten (10) 1700V 3600A IGBT Devices with Concept Driver Boards:
Manufacturer and Model Bid:
_____________________________________
Price: $____________________ ea x 10 = $___________________________
TOTAL
Eleven (11) to Twentyfour (24) 1700V 3600A IGBT Devices with Concept Driver Boards:
Manufacturer and Model Bid:
_____________________________________
Price: $____________________ ea x 24 = $___________________________
TOTAL
Twentyfive (25) and above 1700V 3600A IGBT Devices with Concept Driver Boards:
Manufacturer and Model Bid:
_____________________________________
Price: $____________________ ea x 25 = $___________________________
TOTAL
Delivery Days ___________ After Receipt Of Order (ARO)
Warranty Term: ___________________________________
Warranty Information Attached?
YES ______ NO ______
________________________________________ _______________________________________
Bidder’s Signature
Printed Name
________________________________________ _______________________________________
Company Name
Date
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0097
PAGE 13 OF 23
ATTACHMENT C - 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.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0097
PAGE 14 OF 23
ATTACHMENT D: 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 below if you are a
Wisconsin Certified minority business (MBE), work center (WC) or woman owned business (WBE) (see websites:
http://www.commerce.state.wi.us/bd/BD-MinorityandWomen.html or http://stateuseprogram.wi.gov/section.asp?linkid=1424&locid=65 ).
____ Minority (MBE) ____ Work Center (WC) ____ Woman Owned Business (WBE) ___ Not applicable
(If no answer is indicated above, we will assume that you are none of the above 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).
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0097
PAGE 15 OF 23
ATTACHMENT E
SUPPLIER DIVERSITY, MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM COMMITMENT
BID NUMBER:
DATE
11-0097
As an agency of the State of Wisconsin, the University of Wisconsin-Madison shares the state goal of spending 5% of
total purchases with certified minority businesses. State 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 complete listing of all certified MBE firms is available at: http://www.doa.state.wi.us/mbe/report2.asp?locid=0 . A
vendor or commodity look up tool is available at: http://www.doa.state.wi.us/mbe/minority_search.asp?locid=0 or you
can contact Keith E. Broadnax, Wisconsin Department of Administration, Minority Business Enterprise Program at 608267-3293 [email protected]
Information regarding certification of minority businesses is available at: http://commerce.wi.gov/BD/BDMinorityandWomen.html or you can direct further questions to Seyoum Mengesha at 414-220-5362 or
[email protected]
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/acts89-93/83Act390.pdf
Please complete the following information:
1. Our company is a Wisconsin certified MBE.
_____ YES
_____NO
2. We are aware of the University’s goal to spend 5% of their total purchasing dollars
with certified MBE firms.
_____ YES
_____NO
_____ 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.
4. Our company intends to subcontract the indicated dollar volume with the MBE firms listed below:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0097
PAGE 16 OF 23
ATTACHMENT F: STANDARD TERMS AND CONDITIONS
1.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific
manufacturer and model numbers are used, they are to establish a design, type of construction, quality,
functional capability and/or performance level desired. When alternates are bid/proposed, they must be
identified by manufacturer, stock number, and such other information necessary to establish equivalency.
The UW-Madison 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.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0097
PAGE 17 OF 23
9.0 PAYMENT TERMS AND INVOICING: The University normally will pay properly submitted vendor
invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if
required), and accepted as specified.
9.1 Invoices presented for payment must be submitted in accordance with instructions contained on the
purchase order including reference to purchase order number and submittal to the correct address
for processing. 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 purchasing card will be made in accordance with the purchasing
card contact.
10.0 TAXES: The University, an agency of the State of Wisconsin, is exempt from payment of all federal tax
and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below.
The Department of Revenue of the State of Wisconsin does not issue a tax exempt number; however,
University is exempt from State of Wisconsin sales or use tax under s.77.54(9a)(a). Registration No. 3973-1021-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 Agreement shall be construed under the laws of the State of Wisconsin.
Jurisdiction and venue for any disputes under this Agreement shall be in Dane County, Wisconsin. The
Contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances and
regulations which are in effect during the period of this contract and which in any manner affect the work
or its conduct.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0097
PAGE 18 OF 23
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, 21 N Park St, Suite 6101, Madison, WI 53715 1218.
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.
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 601.8 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) and one (1) copy to UW Safety Department, 30 East
Campus Mall, Madison WI 53715-2609.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0097
PAGE 19 OF 23
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, 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. A minimum 60 day cancellation notice is desired.
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.
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 (DOA3027). 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.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0097
PAGE 20 OF 23
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.
36.0 WORK CENTER PROGRAM: The successful bidder/proposer shall agree to implement processes that
allow the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to
purchase goods and services produced by work centers certified under the State Use Law, s.16.752, Wis.
Stat. This shall result in requiring the successful bidder/proposer to include products provided by work
centers in its catalog for State agencies and campuses or to block the sale of comparable items to State
agencies and campuses.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0097
PAGE 21 OF 23
ATTACHMENT F: APPLICABLE FEDERAL RULES
COMPLIANCE WITH LAWS:
The preferred vendor shall warrant and certify that in the performance of the resultant agreement it has complied with
or will comply with all applicable statutes, rules, regulations and orders of the United States, and any state or political
subdivision thereof, including laws and regulations pertaining to labor, wages, hours and other conditions of
employment. All materials, equipment, and supplies provided to the members must comply fully with all safety
requirements, rules of the Industrial Commission on Safety, and all applicable OSHA Standards.
DEBARMENT:
Federal Executive Order (E.O.) 12549 “Debarment“ requires that all contractors receiving individual awards, using
federal funds, and all subrecipients certify that the organization and its principals are not debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing
business with the Federal Government. As a part of this bid document there is debarment language and a signature
block for you to self certify your debarment status on the Bidder Response Sheet. Failure to supply this information may
disqualify your bid. Information on debarment is available at the following websites: www.epls.gov and
www.arnet.gov/far/.
DEVELOPMENT OF DISADVANTAGED SUPPLIERS:
The University is committed to encouraging the development of minority, women-owned, and otherwise small and
disadvantaged businesses. The selected preferred vendor shall make effort to subcontract with minority, womenowned and otherwise small and disadvantaged businesses. A quarterly report will be required indicating the extent of
effort and members’ participation. The report will be in a format acceptable to University.
GENERAL PROVISIONS AND CERTIFICATIONS FOR GOVERNMENT CONTRACTS:
The following clauses are applicable and are hereby incorporated by reference into solicitations and any purchase
orders with the same force and effect as if set forth in full text. To the extent that an earlier version of any such clause
is included in the prime contract or subcontract under which solicitation or purchase order is issued, the date of the
clause as it appears in such prime contract or subcontract shall be controlling and said version is incorporated herein.
Where necessary to make the context of the Federal Acquisition Regulations (FAR), Department of Defense Federal
Acquisition Regulation Supplement (DFARS), and Code of Federal Regulations (CFR) clauses set forth in these
General Provisions applicable to this solicitation or subcontract, the term “Contractor” shall mean “Subcontractor”,
“Seller” or “Supplier”, the term “Contract” or “Subcontract” shall mean “Purchase Order”, the term “Government” shall
mean “Buyer” or “University” and the term “Contracting Officer” shall mean “Buyer’s Purchasing Representative”. It is
intended that the referenced clauses shall apply to Seller, the legal entity which contracts with the University under any
solicitation or purchase order, in such manner as is necessary to reflect the position of Seller as a Supplier to the
University, Buyer and legal entity issuing a solicitation or purchase order; to insure Seller’s obligations to the University
and the United States Government; and to enable the University to meet its obligations under its prime contract or
subcontract.
The clauses incorporated by reference may be found in the Federal Acquisition Regulations (FAR), the DOD Federal
Acquisition Regulation Supplement (DFARS), or the Code of Federal Regulations (CFR). Copies may be purchased
from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, or see the following
websites for more information: http://farsite.hill.af.mil/VFFARA.HTM (click “FARSEARCH” tab)
http://www.gpoaccess.gov/cfr/index.html
.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0097
PAGE 22 OF 23
FAR (52 Series) / DFARS (252 Series)
52.202-1
Definitions (Dec 2001)
52.204-2
Security Requirements (Aug 1996) (Alt. I)
52.215-16
Facilities Capital Cost of Money (Oct 1997)
52.215-17
Waiver of Facilities Capital Cost of Money (Oct 1997) (when cost of money is not proposed)
52.227-10
Filing of Patent Applications – Classified Subject Matter (Apr 84)
52.232-8
52.232-25
Discount for Prompt Payment (May 1997)
Prompt Payment (Feb 2002)
52.233-3
52.243-1
52.245-2
52.245-18
52.249-1
52.249-8
52.251-1
52.253-1
252.225-7001
252.225-7002
252.225-7007
252.225-7009
252.225-7016
252.227-7013
252.227-7026
252.227-7027
252.227-7030
252.227-7037
252.227-7039
252.251-7000
Protest After Award (Aug 96) (Alt. I)
Changes – Fixed Price – Alt. II (Apr 84)
Government Property (Fixed Price Contracts) (Dec 89)
Special Test Equipment (Feb 93)
Termination for Convenience of the Government (Fixed Price) (Short Form) (Apr 84)
Default (Fixed-Price Supply and Service) (Apr 84)
Government Supply Sources (Apr 94)
Computer Generated Forms (Jan 91) March 27, 1997
Buy American Act and Balance of Payments Program (Mar 1998)
Qualifying Country Sources as Subcontractors (Dec 91)
Trade Agreements Act (Sep 2001)
Duty-Free Entry-Qualifying Country End Products and Supplies (Aug 2000)
Restriction on Acquisition of Ball and Roller Bearings (Dec 2000)
Rights in Technical Data and Computer Software (Nov 1995)
Deferred Delivery of Technical Data or Computer Software (Apr 88)
Deferred Ordering of Technical Data or Computer Software (Apr 88)
Technical Data - Withholding of Payment (Mar 2000)
Validation of Restrictive Markings on Technical Data (Sep 1999)
Patents-Reporting of Subject Inventions (Apr 90)
Ordering from Government Supply Sources (May 1995)
CFR : 2 CFR 215 Uniform Administrative Requirements for Grants and Agreements With
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB Circular A-110)
Applicable when fixed price is greater than $2,500:
FAR (52 Series)
52.222-3
52.222-19
52.225-13
52.232-23
52.232-23
Convict Labor (Aug 1996)
Child Labor – Cooperation with Authorities and Remedies (Dec 2001)
Restrictions on Certain Foreign Purchases (Jul 2000)
Assignment of Claims (Jan 86)
Assignment of Claims (Jan 1986)
Applicable when fixed price is greater than $10,000:
FAR (52 Series)
52.222-20
52.222-21
52.222-22
52.222-26
52.222-36
Walsh-Healy Public Contracts Act (Dec 96)
Prohibition of Segregated Facilities (Feb 1999)
Previous Contracts & Compliance Reports (Feb 1999)
Equal Opportunity (Apr 2002)
Affirmative Action for Workers with Disabilities (Jun 1998)
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0097
PAGE 23 OF 23
Applicable when fixed price is greater than $25,000:
By submitting a signed proposal or quotation in response to the University’s solicitation, the supplier is providing a
negative assurance in accordance with FAR 52.209-5 Certification Regarding Debarment, Suspension, Proposed
Debarment, and Other Responsibility Matters. Certification in paragraph (a) of this clause is material representation of
fact upon which reliance is placed when making any resulting award.
FAR (52 Series) / DFARS (252 Series)
52.209-6
Protecting the Government's Interest When Subcontracting with Contractors Debarred,
Suspended, or Proposed for Debarment (Jul 95)
52.222-35
Affirmative Action for Special Disabled and Vietnam Era Veterans (Dec 2001)
52.222-37
Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (Dec 2001)
252.227-7036
Certification of Technical Data Conformity (May 87)
252.231-7000
Supplemental Cost Principles (Dec 91)
252.246-7000
Material Inspection and Receiving Report (Dec 91)
(Note: Not required for subcontracts for which the deliverable is a scientific or technical report.)
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