11-5224 (Request for Bidi package)

11-5224 (Request for Bidi package)
VENDOR NET TRANSMISSION COVER LETTER
DATE:
January 22, 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, 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) 262-6121.
PURCHASING SERVICES
University of Wisconsin-Madison  21 N Park St, Suite 6101 Madison, WI 53715-1218
608/262-6121  (Fax) 608/262-4467  www.bussvc.wisc.edu  [email protected]
RETURN TO: University of Wisconsin-Madison
Purchasing Services
21 N Park St, Suite 6101
Madison, WI 53715-1218
Refer to Section 1 titled “SUBMITTAL INSTRUCTIONS”.
REQUEST FOR BID
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: 11-5224
AGENT: Jessica A Harlan at (608) 262-2210
ISSUE DATE:
01/22/10
FAX NUMBER: (608) 262-4467
DUE DATE:
02/11/10
2:00 PM CST
E MAIL: [email protected]
_________________________________________________
Bid prices and terms shall be firm for 60 days from the
date of bid opening, unless otherwise specified in this Request
for Bid by the UW-Madison Purchasing Services.
If NO BID (check here)
and return.
DESCRIPTION
The University of Wisconsin-Madison request bids for
PAY-BY-CELL AUTOMATED RESPONSE PARKING MANAGEMENT SOFTWARE SYSTEM
for the period August 1, 2010, through July 31, 2011, or one year after date of award, and will be
automatically renewed for two additional one-year terms, in accordance with the attached in this order:
Special Conditions of Bid, Bidder Response Sheet, Specifications, Itemized Bid List, Client Reference List,
Bidder Information Sheet, Supplier Diversity, Minority Business Enterprise (MBE) Program Commitment and
Standard Terms and Conditions.
Questions regarding this bid will be answered by the following:
TECHNICAL: Jessica A Harlan at (608) 262-2210 [email protected]
ADMINISTRATIVE: Charlene M Simonson at (608) 265-0656 [email protected]
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 indir ectly,
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 arriv ed 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.
COMPANY NAME: _________________________________________________________________________________________________
SIGNATURE: _____________________________________________________________________________DATE ____________________
TYPE OR PRINT NAME: _____________________________________________________________________________________________
TITLE: _______________________________________________________ TELEPHONE NUMBER: (_______) _____________________
FEIN NUMBER: _________________________________
FAX NUMBER:
(_______) ___ __________________
EMAIL ADDRESS: __________________________________________________________________________________________________
UNIVERSITY OF WISCONSIN
CONTRACT NO.: 11-5224
TABLE OF CONTENTS
SECTION #1: SUBMITTAL INSTRUCTIONS
PAGE
1-2
SECTION #2: GENERAL INFORMATION
2.1 Purpose/Current Situation
2.2 Definitions
2.3 Eligible Purchasers
2.4 Affirmative Action
2.5 Wisconsin Sales and Use Tax Registration
2.6 VendorNet
2.7 Orders
2.8 Parking
2.9 Smoke-Free Environment
2.10 Promotional Materials
3-5
SECTION #3: RFB PROCESS INSTRUCTIONS
3.1 Clarifications and/or Revisions through Designated Contact
3.2 Contract Term
3.3 Conflict of Interest
3.4 Proprietary Information
3.5 Reasonable Accommodations
3.6 Method of Bid
3.7 Method of Award
3.8 Acceptance and Testing
3.9 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
4.6 Trademark
4.7 Minimum Order
8
SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS
5.1 Firm Prices
5.2 F.O.B. Destination Freight Prepaid Included and Installed
5.3 Timeliness of Delivery
5.4 Insurance
5.5 Activity Reports
5.6 Additional Items/Services
5.7 Invoicing Requirements
5.8 Invoice Payment
5.9 Contract Termination
9-11
SECTION #6: SPECIFICATIONS
6.2 Warranty
6.3 Emergencies
6.4 Subcontracting
6.5 Employee Identification
6.6 Environmentally Friendly (“Green”) Product
12
ATTACHMENT A BIDDER RESPONSE SHEET
ATTACHMENT B SPECIFICATIONS
ATTACHMENT C ITEMIZED BID LIST
ATTACHMENT D CLIENT REFERENCE LIST
ATTACHMENT E BIDDER INFORMATION SHEET
ATTACHMENT F SUPPLIER DIVERSITY, MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM COMMITMENT
ATTACHMENT G STANDARD TERMS AND CONDITIONS
13-15
16
17
18
19
20
21-24
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5224
PAGE 1 OF 24
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. 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) 2624467 (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. In addition, the REQUEST FOR BID form (cover page)
must be signed and returned via mail or fax (608-262-4467) within one business day after the bid due date.

OFFICIAL SEALED
NUMBER: 11-5224
DUE DATE: 02/11/10
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
CONTRACT NO.: 11-5224
PAGE 2 OF 24
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)
Standard Terms and Conditions (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
CONTRACT NO.: 11-5224
PAGE 3 OF 24
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”, is requesting proposals for the Facilities Planning
and Management Transportation Services, hereinafter referred to as “FP&M”, for the purchase of a Pay-By-Cell
Automated Response Parking Management Software System.
The estimated annual item quantities identified on the "ITEMIZED BID LIST" are for bid purposes only and the
estimated annual value of this contract is $24,000.00. 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.
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.
Current Situation:
The current pay-by-cell, flexible parking system at UW-Madison works in the following way:
1. Customer applies for and accepts a flexible parking assignment.
2. Customer registers for Pay-by-Cell service through our vendor either via the web or over the phone. They
designate their Pay-by-Cell account number, which is the phone number they intend to use most of the
time for Pay-by-Cell.
3. Pay-by-Cell charges are made by credit card, which are kept on file by the vendor. Currently UW-Madison
uses our own merchant accounts to process the charges, but management of the charges is handled by
the vendor (in the past we’ve also used the vendor’s merchant account). On a monthly basis the vendor
invoices us and we pay our service fees by open purchase order after the charges are checked for
accuracy. Currently all service fees charged by our vendor are paid by UW-Madison Transportation
Services and are not directly assessed to the customers.
4. Customer picks up a hang tag or window decal flexible parking permit. On the back of the permit is
displayed the phone number they call to pay for parking and the location number they will need to indicate
for their assigned lot. At the time the customer picks up their permit, they provide their Pay-by-Cell account
number for our records.
5. Customer arrives at permitted lot.
6. Customer displays Flexible Parking Permit
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5224
PAGE 4 OF 24
7. Customer calls Pay-by-Cell vendor and pays for parking. The customer may call from a cell phone or
landline. If they call from the phone number that matches their Pay-by-Cell account number, the system
recognizes them automatically. They may call from another number, however, and enter their account
number. The customer is prompted for their location number and the number of hours that they intend to
park. We charge a minimum fee which includes the first 4 hours of parking and then a per hour rate after
that up to a daily maximum. They are then asked to confirm the location, license plate, hours, and charges
or to make the appropriate modifications. The customer may call back to add time without being charged
the daily minimum again, as long as they call before their parking has expired. Customer may not cancel or
reduce parking time. The customer has the option of receiving text reminders when their time is about to
expire and/or email transaction receipts. The customer also has access to online records of their
transactions as well as their other account information.
8. Our Field Services department patrols our lots. When they discover a flexible customer, they call in our
base to request a payment check. The staff person at the base location logs on to our vendor’s website
and checks real time payment information for the license plate of the car in question. We currently have 22
lots that allow flexible parking. There may be up to 1,400 flexible parkers on any single day, but the usual
number of flexible parking customers is more in the range of 150 to 500. Customers who have not paid are
issued a citation, which they may appeal within 7 days.
9. Regular data analysis is performed using reports available to UW-Madison Transportation Services via the
web. We have access to all records of payment and parking time by date, lot, license plate, Pay-by-Cell
Account Number, and Customer Name.
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 Facilities, Planning & Management Transportation Services.
MBE means Minority Business Enterprise.
P-Card means Procurement Card (State credit card).
RFB means Request for Bid.
State means State of Wisconsin.
University means University of Wisconsin-Madison.
2.3
Eligible Purchasers:
All University of Wisconsin-Madison campus 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 items/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.
A UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
2.4
CONTRACT NO.: 11-5224
PAGE 5 OF 24
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.
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
Orders:
Under this contract, Specific order(s), Contract blanket order(s), or Purchasing Card orders (defined below) may
be issued to the Contractor(s). Bidder should identify method by which you will accept orders against this
contract (e.g. e-mail, fax, internet, phone, etc.).
2.7.1 Specific order(s): issued as one-time orders.
2.7.2 Contract blanket order(s): issued for a specified period of time, to allow departmental personnel to issue
releases against the Contract blanket order(s) as needed.
2.7.3 Purchasing Card order(s): issued as one-time order(s).
2.8
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.
2.9
Smoke-Free Environment:
All University buildings are smoke-free buildings.
2.10
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.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5224
PAGE 6 OF 24
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 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 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.
This is NOT the contact information for Bid submission.
(Please see Section #1 for submittal instructions)
Jessica A Harlan
FP&M Purchasing
1217 University Avenue
Madison, WI 53706-1530
E-mail: [email protected]
PHONE 608/262-2210 -- FAX 608/262-0568
Charlie Simonson
FP&M Purchasing
1217 University Avenue
Madison, WI 53706-1530
E-mail: [email protected]
PHONE 608/265-0656 -- FAX 608/262-0568
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
Contract Term:
The initial term of this contract shall be August 1, 2010 or date of award, through July 31, 2011, or one year after
date of award.
The University has the option to automatically extend this contract into its second and third years unless:
 Purchasing is notified, in writing, by the Contractor; by the 1st of February prior to expiration of the initial
and/or succeeding Contract term(s), or
 The University notifies the Contractor in writing 90 calendar days prior to expiration of the initial and/or
succeeding Contract term(s).
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.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5224
PAGE 7 OF 24
3.4
Proprietary Information:
Any information contained in the Bidder’s response that is proprietary must be detailed separately on form DOA3027. Marking of the entire response as proprietary will neither be accepted nor honored. The
University cannot guarantee that all such material noted remains confidential, particularly if it becomes
a significant consideration in contract award. Information will only be kept confidential to the extent allowed
by State of Wisconsin Public Disclosure Law (refer to Standard Terms and Conditions, Section 27.0). A copy of
the form needed to designate portions of your submission as proprietary can be found at:
http://vendornet.state.wi.us/vendornet/doaforms/doa-3027.doc
3.5
Reasonable Accommodations:
University will provide reasonable accommodations, including the provision of informational material in an
alternative format, for qualified individuals with disabilities upon request.
3.6
Method of Bid:
Bidder must submit a net unit price and an extended line item total for the item specified. Prices listed
should be in US dollars unless otherwise indicated.
 Bids for item numbers which could include multiple specific catalog numbers (a series) should be indicated
on the Itemized Bid List as a "Series".
Custom 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.
3.7
Method of Award:
Award(s) shall be made on the basis of the lowest net unit price and extended net LOT total which is judged
to be in the best interest of the University. Bids that state the University shall guarantee orders of a specific
quantity or dollar amount will be disqualified.
3.8
Acceptance and Testing
Acceptance testing will occur within 30 days after the system has been installed. Acceptance testing will be
performed by the University and will consist of verification of the specifications and performance requirements.
If the system does not meet specification or performance requirements, the contractor will have 15 days to meet
requirements. If after this time period the system still does not meet specifications or performance
requirements, the contractor agrees to remove the system and return any payments that may have been made.
Robert Kennedy, 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
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
CONTRACT NO.: 11-5224
PAGE 8 OF 24
SECTION #4: BIDDER QUALIFICATIONS
To be eligible for a Contract award, you must be qualified and able to provide the following as required or your bid will
be disqualified (respond on "Bidder Response Sheet".)
4.1
Bidder Contact Information:
Bidder must designate a person(s) to provide information on: Contract Problems, Contract Renewal/
Cancellation, Invoice Information, Ordering/Expediting, Returns, Minority Business, Affirmative Action and Sales
Representative. (See Attachment A – Bidder Response Sheet)
4.2
Bidder Experience:
Bidder must be in the business of providing Pay-by-Cell Automated Response Parking Management Systems
and must have done so for the past three (3) years.
4.3
Authorization:
Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer for the
system provided.
4.4
Client List/References:
Bidder must supply upon request a client list of three firms to which similar items/services have been provided
during the past three years 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 provide University with graphics that the Department can use and/or alter for use on
signs, decals, permits, program brochures, instructional and marketing materials, etc. without infringement of any
proprietary, licensed or copyright interests.
4.7
Minimum Order:
Bids that require any minimum order quantity or dollar amount may be disqualified.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5224
PAGE 9 OF 24
SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS
PRICE LISTS: All price lists should be submitted via paper copy and CD ROM, Excel, Word or PDF format.
Referencing your website for pricing information is not sufficient.
5.1
5.2
Firm Prices:
5.1.1
Prices must remain firm for the initial contract term. Prices established may be lowered due to
changes in general market conditions or negotiations between the Contractor and the University.
5.1.2
Price increase requests proposed after the initial Contract term must be received by Purchasing in
writing by the 1st of February prior to the beginning of the next contract term for acceptance or
rejection. Proposed price increases are limited to fully documented cost increases submitted with the
request. If Purchasing deems cost increases are not acceptable, it reserves the right to rebid the
contract in whole or part or to negotiate price increase requests with the Contractor. Acceptance of the
price increases shall be in the form of an amendment to the contract publication.
5.1.3
Price increases must be labeled with the contract number and should be submitted in the same format
as the original Itemized Bid List. Any price increase requested that is not submitted in the proper
format may be rejected.
F.O.B. Destination Freight Prepaid Included and Installed:
Items are to be installed at Transportation Services, 610 Walnut St in Madison, WI 53726, F.O.B.
DESTINATION FREIGHT PREPAID INCLUDED AND INSTALLED. Bid prices must include all packing, freight,
insurance, set-up, instruction and operation manual charges. Items must be set in place connected to utilities
as applicable, installed in the area designated by University personnel, demonstrated to be in operating
condition, and approved by University personnel. All debris must be removed from the University premises and
properly disposed of by the Contractor. Upon installation, all operating instructions and operating and
maintenance manuals must be furnished to University personnel as identified.
The Contractor is required to maintain insurance in compliance with "Standard Terms and Conditions 22.0
Insurance" and Section 5.4 below.
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, identified
on the purchase order.
Failure to bid FOB Destination Freight Prepaid Included and Installed in price may disqualify your bid.
5.3
Timeliness of Delivery:
System acceptance, testing and implementation must be completed by September 1, 2010. Failure to accept
this delivery requirement may disqualify your bid.
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.
The Contractor is required to notify the ordering department of any back order, discontinuation of item(s) or
other delays in shipping within 24 hours of receipt of order or release against existing order(s).
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
5.4
CONTRACT NO.: 11-5224
PAGE 10 OF 24
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 contract award and provided on an annual
basis throughout the term of the Contract.
If a certificate is required, the Contractor shall have added “The Board of Regents of the University of
Wisconsin System, its officers, employees and agents” as an additional insured under the commercial
general, automobile and Contractor’s liability policies on any insurance certificate provided.
5.5
Activity Reports:
Contractor should be able to report on a monthly basis all items/services purchased against this Contract as per
Item #18 of Attachment B Specifications.
5.6
Additional Items/Services:
Similar items/services may be added to this Contract provided it was mutually agreeable to both Purchasing
Services and the Contractor. Scope of work and pricing (including discounts) must be consistent with the
current contract items/services.
Contractor should promptly notify Purchasing of new or discontinued items.
5.7
Invoicing Requirements:
Invoices for Purchase Orders:
5.7.1
Contractor must agree that all invoices and purchasing card charges shall reflect the discounts and
net prices established for the items/services on this contract for all orders placed even though the
contract number and/or correct prices may not be referenced on each order or at time of purchasing
card order.
The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt of
properly submitted invoices by University Accounts Payable. Before payment is made, Accounts
Payable must verify that all invoiced charges are correct per this Contract. Only properly submitted
invoices will be officially processed for payment. The Prompt Payment Policy requires that your
invoices be clear and complete and in conformity with the list below and must be itemized showing:








Contractor name
remit to address
purchase order number
release number if given
date of order/release
item manufacturer’s name or abbreviation (if applicable)
complete item description including catalog, model and/or stock number(s) identical to those stated
in bid
prices per the Contract
The original invoice and two copies must be sent to University Accounts Payable, 21 N Park St, Suite
5301, Madison, WI 53715-1218 unless the customer identifies and establishes a different bill-to
location.
Invoices for Purchasing Card:
Invoices shall contain the same detail as listed in Section 5.7.1 and mailed to the billing address given at the
time of the order is placed.
5.8
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-Madison.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
5.9
CONTRACT NO.: 11-5224
PAGE 11 OF 24
Contract Termination
This Contract may be terminated by either party for the following conditions:
5.9.1
After the initial term of the Contract, the University may terminate the Contract at any time,
without cause, by providing 30 days written notice to the Contractor. If the Contract is so
terminated, the University is liable only for payments for items/services provided or performed up
to the date of the termination.
5.9.2
Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the
other party in writing by mail of such failure and demand that the same be remedied within 10 calendar
days. Should the defaulting party fail to remedy the same within said period, the other party shall then
have the right to terminate this Contract immediately. Performance failure can be defined as but not
limited to: failure to provide any of the Terms, Conditions, Specifications or Special Conditions of Bid.
5.9.3
If at any time the Contractor’s performance threatens the health and/or safety of the University,
its staff, students or others who may be on campus, the University has the right to cancel and
terminate the Contract without notice.
5.9.5
If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not
dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed
and such appointment is not vacated within 90 calendar days, the University has the right, in
addition to any other rights of whatsoever nature that it may have at law or inequity, to terminate
this Contract by giving 10 calendar days notice in writing of such termination.
5.9.6
All notices of performance failure must be submitted in writing to Purchasing, 21 N Park St, Suite
6101, Madison, WI 53715-1218. Purchasing shall be final authority for all performance failure
determinations not resolved through the ordering department.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5224
PAGE 12 OF 24
SECTION #6 SPECIFICATIONS
6.1
The Bidder’s response must be clearly identified by manufacturer and catalog/model/stock number and/or
appropriate identification as requested on the Itemized Bid List. Adequate detailed specifications of the items
being offered or bid should be included with your bid to insure that the item(s) being bid can be compared to
determine if the items meet all specifications.
6.2
Warranty:
Contractor must honor, at a minimum, the manufacturer's standard warranty on items and/or parts purchased
under this contract. Bidder should indicate warranty term on Bidder Response Sheet and enclose standard
warranty documents with your bid.
6.3
Emergencies:
In the event of a major catastrophic emergency, Contractor must be able to provide the University with
items/services on this bid.
6.4
Subcontracting:
6.4.1
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.
6.4.2
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.
6.4.3
Subcontractors must abide by all terms and conditions under this Contract.
6.4.4
If Subcontractors are to be used, the Contractor must clearly explain their participation, deliverables,
and project milestones prior to commencing work.
6.5
Employee Identification:
All Contractor’s employees, while working on University property, must wear a clearly displayed photo
identification badge or uniform showing name of employee and/or company represented. Any identification
must be provided by the Contractor at the Contractor’s cost.
6.6
Environmentally Friendly (“Green”) Product:
Contractors are encouraged to identify products that are made of recycled products, that use environmentally
friendly production methods, or that can be recycled at the end of their service life. The UW will make every
effort to purchase “Green” products wherever feasible or possible based on individual project needs and funding
available.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5224
PAGE 13 OF 24
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.
YES
NO
MINORITY BUSINESS PARTICIPATION:
Bidder understands that if they are awarded the contract, they agree to provide upon request,
as required, a MBE Participation Annual Report of all dollars spent with all minority subcontractors?
==========================================================================================
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.
==========================================================================================
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)
2.3
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: ___________________________________________________
2.7
What order method will you accept orders against this contract:
E-mail
Fax
Internet
Phone
Other: ______________________________________________
3.8
Do you agree to the Acceptance and Testing terms as identified in Section 3.8?
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5224
PAGE 14 OF 24
YES
4.1
Bidder must designate a person(s) to provide information on: Contract Problems, Contract
Renewal/Cancellation, Invoice Information, Ordering/Expediting, Returns, Minority Business,
Affirmative Action and Sales Representative.
Contract Problems
Contract Renewal/Cancellation
Invoice Information
Ordering/Expediting
Returns
PHONE NO.
________________
________________
________________
________________
________________
FAX NO.
________________
________________
________________
________________
________________
MINORITY BUSINESS
Contact Name: _______________________
PHONE: ____________________________
FAX: _______________________________
E-MAIL:_____________________________
AFFIRMATIVE ACTION
Contact Name: _______________________
Address: ____________________________
__________________________________
__________________________________
PHONE: ____________________________
SALES REPRESENTATIVE: Name: ___________________________________________
Phone: ___________________ Fax: __________________
EMAIL: ________________________________________________________
WEBSITE: _____________________________________________________
4.2
Are you in the business of providing Pay-by-Cell Automated Response Parking
Management Systems and has your company or its principals done so for the
past three (3) years?
4.3
Are you an original manufacturer, authorized distributor, or dealer authorized by
manufacturer?
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?
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
4.6
Do you agree to provide University with graphics that the Department can use
and/or alter for use without infringement of any proprietary, licensed or
copyright interests?
4.7
Do you agree to no minimum order quantity or dollar amount?
NO
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5224
PAGE 15 OF 24
YES
5.1.1
Firm Prices
Do you agree to firm prices as stated?
5.1.2
Do you agree with process and timeframe identified for accepting price increases?
5.2
Are you bidding all prices F.O.B. Destination Freight Prepaid Included and Installed?
(Be sure to read Section 5.2 carefully)
NO
Country of Origin ___________________________________________
Shipping Point ____________________________________________
5.3
Can you meet delivery requirement?
If not, please state delivery date ____ for full system implementation?
5.4
Can you report on items purchased on this contract if requested?
5.6
Will you agree that all invoices will reflect prices established for items on this Contract
for all orders placed even though the Contract number and/or correct prices may not be
referenced on each order?
Will you accept orders placed using a Purchasing Card?
If YES, orders placed using a purchasing card must reflect current contract pricing.
Any fees charged for use of the University’s purchasing card program are not allowed
according to Visa Procurement card rules.
_________________________________________________________________________
_________________________________________________________________________
6.2
Will you honor manufacturer standard warranty?
If YES, have you enclosed standard warranty documents?
Warranty term: __________________
6.3
Are you able to provide the University with items/services on this bid in the event of a
major catastrophic emergency?
6.4
Do you agree to subcontracting terms and conditions?
6.5
Will you agree to have all employees wear appropriate identification?
6.6
Have you identified products that are made of recycled products that use environmentally
friendly production methods, or that can be recycled at the end of their service life?
The 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
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5224
PAGE 16 OF 24
ATTACHMENT B: SPECIFICATIONS
Item #
System Requirements
1.
Allow parking customers to create an account, modify account details, and handle all
nonpayment transactions using a secure web site.
2.
Allow parking customers to purchase parking time using any wireless device or
landline phone, regardless of technology and/or service provider.
3.
Allow parking customers to access and/or be transferred to live customer support at any
time.
4.
Allow parking customers to receive text message reminders prior to end of parking session.
5.
Allow parking customers to opt-out of receiving text message reminders.
6.
Accept Visa and MasterCard.
7.
Ensure that all transactions are PCI compliant.
8.
Activate and collect payments via credit card for parking in accordance with rates specified
by Department.
9.
Set parking rates and/or restrictions as specified by Department for a minimum/maximum
with increments in between. For example:



$3.00 Minimum Trip Charge (includes the first four hours of parking);
$0.75 per hour (after the first four hours); and
$6.00 Maximum Daily Charge.
10.
Allow modification of parking rates and/or restrictions within 5 working days notice.
11.
Allow Department staff to authorize full or partial refund(s) of transaction(s).
12.
Prior to the expiration of the initial parking session, allow parking customers to extend the
parking session time at the hourly rate as specified by Department.
13.
Prior to the expiration of the initial parking session, allow parking customers to extend the
parking session time for the entire day and only pay the difference between the initial
session amount and the Maximum Daily Charge as specified by Department.
14.
Provide real-time valid parking report by license plate, location and account number, to be
accessible by internet capable, wireless device.
15.
Provide secure web based administration interface for rates control, management and
accounting reports.
16.
Provide all reporting data in exportable Excel CSV file format.
17.
Provide online management and accounting reports to include a detailed transaction level
report showing each individual fee or charge, in chronological order, that summed together
equal the total monthly payment or charge.
18.
Provide a detailed transaction report, as specified in Item #17 above, to Department within
15 days of the end of each month.
19.
Identification of payment status of vehicle must be reported by license plate number.
20.
Simultaneously support multiple payments/parking customers per location number.
21.
Allow Department to use their own merchant account and make single, monthly payment of
all fees to Contractor by Purchase Order.
22.
If requested, Contractor must provide training for Department personnel with instructions on
set-up and operation of the system at no charge to the University.
Yes
No
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5224
PAGE 17 OF 24
ATTACHMENT C: ITEMIZED BID LIST
(1)
(2)
EXTENDED
LINE ITEM
TOTAL
MULTIPLY BID
ITEM
NO.
1
BID
QUANTITY
(FOR BID
PURPOSES
ONLY)
ITEM DESCRIPTION
NET UNIT
PRICE
QUANTITYCOLUMN (1) X
NET UNIT
PRICECOLUMN (2)
Estimated annual parking transactions to include at a minimum:
1.1

Customer purchase of initial parking session
36,000/ea
$__________
$____________
1.2

Extension of parking session
12,000/ea
$__________
$____________
1.3

Processing of credit card transaction
48,000/ea
$__________
$____________
2
Charges, if any for parking customer to:
2.1

Create and account and/or modify account details
1,400/ea
$__________
$____________
2.2

Access or be transferred to customer service
1,400/ea
$__________
$____________
3
Additional fees, if any, charged to the University:
3.1

Set and/or modify parking rates
1/ea
$__________
$____________
3.2

Process of parking session refund(s)
1/ea
$__________
$____________
3.3

Processing and/or access of reports
12/ea
$__________
$____________
4
Additional monthly fees, if any, charged to University
12/ea
$__________
$____________
5
Annual licensing fees for software, if any, charged to University
1/ea
$__________
$____________
Any additional fees charged to University to meet specification
of system provided. (Attach detailed additional information
with explanation of fee(s))
1/ea
$__________
$____________
6
Lot Total (Add Items 1through 6)
$_____________
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5224
PAGE 18 OF 24
ATTACHMENT D - CLIENT REFERENCE LIST
Bidder Name:____________________________________________________________________________________
The Bidder must provide a minimum of three (3) business references.
1.
Reference Name: _____________________________________________ Contact: _____________________________
Address: ____________________________________________________ Phone: # ( ) __________________________
Fax/Internet address:_______________________________________________________________________________
Description and date(s) of commodities and services provided: _____________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
2.
Reference Name: _____________________________________________ Contact: _____________________________
Address: ____________________________________________________ Phone: # ( ) __________________________
Fax/Internet address:_______________________________________________________________________________
Description and date(s) of commodities and services provided: _____________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
3.
Reference Name: _____________________________________________ Contact: _____________________________
Address: ____________________________________________________ Phone: # ( ) __________________________
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
CONTRACT NO.: 11-5224
PAGE 19 OF 24
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), (see website:
http://www.doa.state.wi.us/deo/mbe/report2.asp) 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 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
CONTRACT NO.: 11-5224
PAGE 20 OF 24
ATTACHMENT F
SUPPLIER DIVERSITY, MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM COMMITMENT
CONTRACT NUMBER:
DATE
11-5224
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 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 Keith E. Broadnax, Wisconsin Department of Administration,
Minority Business Enterprise Program at 608-267-3293 [email protected]
Information regarding certification of minority businesses is available at: http://www.doa.state.wi.us/deo/mbe/report2.asp
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 and sign 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:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
______________________________
Signature
________________________
Date
______________________________
Printed name
________________________
Title
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5224
PAGE 21 OF 24
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-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.
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.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5224
PAGE 22 OF 24
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 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 .
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.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5224
PAGE 23 OF 24
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) and one (1) copy to UW Safety Department, 30 East Campus Mall, Madison WI 537152609.
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.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5224
PAGE 24 OF 24
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.
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