Bid Document VA1050292

Bid Document VA1050292
State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 (R08/2003)
BIDS MUST BE SEALED AND ADDRESSED TO:
AGENCY ADDRESS:
Department of Administration
Consolidated Agency Purchasing Services
101 E Wilson Street, 9h Floor
Madison WI 53703
If using PO Box, P.O. Box 7867, 53707-7867
REQUEST FOR BID # VA1050292
Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid
number. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting
purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in
another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a
bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly
and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with
sample packages or other bids. Bid openings are public unless otherwise specified. Records will
be available for public inspection after issuance of the notice of intent to award or the award of the
contract. Bidder should contact person named below for an appointment to view the bid record.
Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise
noted. The attached terms and conditions apply to any subsequent award.
Bids MUST be date and time stamped no later than:
THIS IS NOT AN ORDER
BIDDER (Name and Address)
December 22, 2009
2:00 PM CT
Name (Contact for further information)
David Marcum
Phone
Date
608-264-9590
November 24, 2009
Quote Price and Delivery FOB
Delivered to King, WI
Fax bids are accepted
Item
No.
Quantity
and Unit
XX Fax bids are not accepted
Price
Per Unit
Total
Description
Fresh bakery items to be delivered to the Veterans Home at
King Wisconsin, per Attachment A.
Use
Attachment A
Bidders should carefully read all sections of this bid prior to
submitting a bid response.
FAXED BIDS OR EMAIL BIDS NOT ACCEPTED
(Sections 3.6 & 3.7)
Payment Terms
Delivery Time
We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be
certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington
Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids.
We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center
Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.
Wis. Stats. 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. Materials covered in our
bid 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
In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement 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 above statement is accurate under penalty of perjury.
We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.
Name of Authorized Company Representative (Type or Print)
Title
Signature of Above
Date
Phone
(
)
Fax
(
)
E-mail
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
STATE OF WISCONSIN
REQUEST FOR BID (RFB)
FOR: Fresh Bakery Items #VA1050292
TABLE OF CONTENTS
1.0
INTRODUCTION AND PURPOSE
2.0
QUALIFICATIONS
3.0
BID PROCESS, PROCEDURES AND INSTRUCTIONS
4.0
BID ACCEPTANCE, REVIEW AND AWARD
5.0
GENERAL REQUIREMENTS
6.0
COST INFORMATION
COST SHEET – Attachment A
7.0
REQUIRED FORMS
8.0
TERMS AND CONDITIONS
SPECIAL, STANDARD AND SUPPLEMENTAL TERMS AND CONDITIONS
The following definitions are used throughout the Request for Bid:
Agency
Bidder
CT
Contractor
Department
DOA
FOB
MBE
RFB
State
USPS
Vendor
Department of Veterans Affairs (DVA)
A vendor submitting a response to this Request for Bid
Central Time
Successful bidder awarded the contract
Department of Veterans Affairs
Department of Administration
Free on Board
Minority Business Enterprise
Request for Bid
State of Wisconsin
United States Postal Services
A company that is providing a response to the solicitation
1.0
INTRODUCTION AND PURPOSE
1.1
DESCRIPTION AND PURPOSE OF THE REQUEST FOR BIDS:
The State of Wisconsin, Consolidated Agency Purchasing Services (CAPS) on behalf of the Department
of Veterans Affairs, request bids for the purchase of fresh bakery items, and intends to use the results of
this process to award a contract. The State does not guarantee to purchase any specific quantity or dollar
amount.
1.2
CONTRACT TERM AND RENEWAL
The State of Wisconsin, Department of Veterans Affairs intends to award a contract for a one year period
with the option to renew for two (2) additional one-year periods by mutual agreement of the Department of
Veterans Affairs and Contractor. The first year will be prorated from the date the contract is awarded
through June 30, 2010.
2.0
QUALIFICATIONS
To be eligible for an award, bidder must be qualified and provide the following as required or the bid response will
not be considered.
2.1 Bidder must be in the business of providing fresh bakery products and must have done so for the past three
(3) years.
2.2 Bidder must designate a person(s) to provide information on: Minority Business, Affirmative Action. See
attached Vendor Information form (DOA-3477).
2.3 Bidder must supply with their bid a client list of at least three (3) firms to which similar services have been
provided during the past three (3) years to a comparable sized institution or company. If contacted,
information received from those clients may be used to determine whether bidder meets Qualifications.
Before the award of any Contract, the procurement specialist and Agency shall be satisfied that the bidder has
sufficient qualified resources available for performing the work described in this bid. It is the bidder’s responsibility
to acquaint the purchasing agent with these qualifications by submitting appropriate documentation or through the
references.
3.0
BID PROCESS, PROCEDURES AND INSTRUCTIONS
3.1
REASONABLE ACCOMMODATIONS
The State will provide reasonable accommodations, including the provision of informational material in an
alternative format, for qualified individuals with disabilities upon request. If the vendor needs
accommodations at a bid opening/vendor conference, contact David Marcum at (608) 264-9590 (voice) or
(FAX) (608) 264-9500.
3.2
VENDOR REGISTRATION
The State of Wisconsin’s purchasing information and vendor notification service is available to all
businesses and organizations that want to sell to the State. Anyone may access VendorNet on the
Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies, goods
and services that the state buys, and tips on selling to the State. Vendors may use the same website
address for inclusion on the bidders list for goods and services that the organization wants to sell to the
State
2
3.3
CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS:
Vendors are expected to raise any questions, exceptions, or additions they have concerning the RFB
document by December 7, 2009. If a vendor discovers any significant ambiguity, error, conflict,
discrepancy, omission, or other deficiency in this RFB, the vendor should immediately notify the below
named individual of such error and request modification or clarification of the RFB document.
E-mail is preferred to: [email protected]
FAX # (608) 264-9500
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part
of this RFB, supplements or revisions will be posted on VendorNet.
Any contact with State employees or administrative appointees concerning this RFB is prohibited, except
as authorized by the procurement specialist during the period from date of release of the RFB until the
notice to contract is released. The current contractor may contact appropriate Department of
Administration personnel working directly in the performance of its current existing contract.
3.4
CALENDAR OF EVENTS
DATE
November 24, 2009
December 7, 2009
December 10. 2009
December 22, 2010
3.5
EVENT
Date of Issue of the RFB
Date Questions Due
Responses to Questions Posted on VendorNet
Bids Due from Vendors
SUBMITTING A BID
Vendors must submit an original, marked as such, and one copy of all materials required for acceptance
of their bid by the deadline shown on the Request for Bid (DOA-3070) form. These materials must be
delivered to:
USPS ADDRESS
COMMON CARRIER ADDRESS
David Marcum, Procurement Specialist
Department of Administration
State Bureau of Procurement
PO Box 7867
Madison WI 53707-7867
David Marcum, Procurement Specialist
Department of Administration
State Bureau of Procurement
101 East Wilson Street, 9th Floor
Madison WI 53703
Bid must be received in the above office and time-stamped by the State Purchasing Office indicated in the
RFB prior to the stated opening time. Bids not so stamped will be considered late. Receipt of a bid by the
State mail system does not constitute receipt of a bid by the State Purchasing Office, for purposes of this
Request for Bid.
All bids must be packaged, sealed, and show the following information on the outside of the package:
Vendor's Name and Address
Request for Bid Title
Request for Bid Number
Bid Due Date
3.6
FAXED BID
Faxed bids will not be accepted.
3.7
E-MAILED BID
E-mailed bids will not be accepted.
3.8
FORMAT OF BID
Vendors responding to this RFB must comply with the following format requirements:
a)
Signed Request for Bid Sheet: Include the signed Request for Bid sheet included with the bid and
those certifications required for submittal of a bid. Bids submitted in response to this RFB must
be signed by the person in the vendor's organization who is responsible for the decision as to the
prices being offered in the bid or by a person who has been authorized in writing to act as agent
for the person responsible for the decision on prices.
By submitting a signed bid, the vendor's signatories certify that in connection with this
procurement: (a) the vendor's organization or an agent of the vendor's organization has arrived at
the prices in its bid without consultation, communication or agreement with any other respondent
or with any competitor for the purpose of restricting competition, (b) the prices quoted in the bid
have not been knowingly disclosed by the vendor's organization or by any agent of the vendor's
organization and will not be knowingly disclosed by same, directly or indirectly, to any other
respondent or to any competitor, and (c) no attempt has been made or will be made by the
vendor's organization or by any agent of the vendor's organization to induce any other person or
firm to submit or not to submit a bid for the purpose of restricting competition.
3.9
(b)
State of Wisconsin Terms and Conditions: These standard and supplemental terms and
conditions shall govern this proposal and subsequent award. Vendors must accept these terms
and conditions or submit point-by-point exceptions along with proposed alternative or
additional language for each point, including any vendor contracts. Submission of any
standard vendor contracts as a substitute for language in the terms and conditions is not a
sufficient response to this requirement and may result in rejection of the vendor's
proposal. The State reserves the right to negotiate contractual terms and conditions other than
those in the State of Wisconsin Contract when it is in the best interest of the State to do so.
(c)
Additional Information: Include the completed Vendor Information sheet and Vendor Reference
sheet and any other forms required in the bid. Include all additional information that will be
essential to an understanding of the bid. This might include diagrams, excerpts from manuals, or
other explanatory documentation that would clarify and/or substantiate the bid document.
(d)
Cost Information: Provide cost information on the Cost Sheet (Attachment A) included in this
RFB. All costs for furnishing the product(s) and/or service(s) included in the bid in accordance
with the terms and conditions in this RFB must be included.
MULTIPLE BIDS
Multiple bids from a vendor will be permissible; however each bid must conform fully to the requirements
for bid submission. Each such bid must be separately submitted and labeled as Bid #1, Bid #2, etc. on
each page included in the response.
3.10
INCURRING COSTS
The State of Wisconsin is not liable for any cost incurred by a vendor in the process of responding to this
RFB.
3.11
NEWS RELEASES
News releases pertaining to the RFB or to the acceptance, rejection, or evaluation of bids shall not be
made without the prior written approval of the State.
4
4.0
BID ACCEPTANCE, REVIEW AND AWARD
4.1
METHOD OF BID
Bidder must complete the pricing information on the Cost Sheet (Attachment A). Provide Unit Pricing (A)
per each line item times the Estimated Quantity per Month (B) equals the Net Monthly Price per Line Item
(C). Do not deviate from what is being asked for on the cost sheet. The quantities are estimated for bid
comparison only. The State does not guarantee these quantities. If there is any error in calculation, the
Unit Price will prevail. The cost sheet must be completed in its entirety. Partial submissions are
unacceptable. Prices listed should be in U.S. dollars unless otherwise indicated.
4.2
METHOD OF AWARD
Award shall be made on the basis of the lowest responsive and responsible bidder submitting the lowest
Total Price per Month for Line Items 1 through 24. Responses received without pricing will be rejected.
Bids that require that the State shall guarantee a specific quantity or dollar amount will be disqualified.
4.3
BID OPENING
Bids will be opened on December 22, 2009, at 2:00 PM CT. Names of the bidders may be read aloud at
that time.
4.4
BID REVIEW
Bids will be reviewed by the Procurement Specialist and procuring Agency to verify that vendors meet all
specified requirements in this RFB. This verification may include requesting reports on the vendor's
financial stability.
4.5
BID ACCEPTANCE
Bids which do not comply with instructions or are unable to comply with specifications contained in this
RFB may be rejected by the State. The State retains the right to accept or reject any or all bids, or accept
or reject any part of a bid deemed to be in the best interest of the State. The State shall be the sole judge
as to compliance with the instructions contained in this RFB.
4.6
MINORITY PREFERENCE
The State of Wisconsin is committed to the promotion of minority business in the State’s purchasing
program and a goal of placing 5% of its total purchasing dollars with certified minority businesses.
Authority for this program is found in ss. 15.10(2), 16.75(4), 16.75(5) and 560.03(2), Wisconsin Statutes.
The contracting agency is committed to the promotion of minority business in the State’s purchasing
program.
Bids from certified Minority Business Enterprises may have points weighted by a factor of 1.00 to 1.05 to
provide up to a five percent (5%) preference to these businesses.
4.7
NOTIFICATION OF AWARD
All bidders who respond to this RFB with a bid shall be notified in writing of the State's intent to contract as
a result of this RFB.
5.0
GENERAL SPECIFICATIONS
All requirements in this section are mandatory. Conditions of bid that 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 or condition of bid, the State reserves the right to
delete that specification or condition of bid. FAILURE TO MEET A MANDATORY REQUIREMENT SHALL
DISQUALIFY THE BID.
5.1
GENERAL SPECIFICATIONS / REQUIREMENTS
5.1.1 Orders will normally be placed with the vendor one week in advance or requested delivery date.
Occasionally a product(s) may be needed on short notice. In which case, the vendor must be able to
provide product with a minimum of one day notification.
5.1.2 Orders shall be placed with the vendor by the Home Exchange, Central Kitchen and/or Activities
Bureau.
5.1.3 Deliveries shall be made six (6) days per week, Monday through Saturday, if needed with the
exception of holidays. All deliveries shall be made between the hours of 5:30 a.m. and 7:00 a.m. at the
Moses Central Services Building.
5.1.4 Bakery products are to be of uniform size and shape consistent with standard weights specified on
Cost Sheet (Attachment A).
6.0
7.0
COST INFORMATION
6.1
Bidder must complete the pricing information on the Cost Sheet (Attachment A). Provide Unit Pricing (A)
per each line item times the Estimated Quantity per Month (B) equals the Net Monthly Price per Line Item
(C). Do not deviate from what is being asked for on the cost sheet. The quantities are estimated for bid
comparison only. The State does not guarantee these quantities. If there is any error in calculation, the
Unit Price will prevail.
6.2
Price changes for contract renewals, if any, will be according to the following: if the agency and the
contractor agree to renew the contract, the contractor may be eligible to receive, upon written request, an
inflationary adjustment to its rate(s) at the effective date of the proposed price increase at the start of the
renewal period. Any cost increases must be fully documented. Any adjustments shall be as provided in
Section 6.2 of the Standard Terms and Conditions with the exception that the notice must be a minimum
of 90 days prior to the beginning of the contract period.
REQUIRED FORMS
The following forms must be completed and submitted with the bid in accordance with the instructions given in
Section 3.5, Submitting a Bid. Blank forms are attached.
Request for Bid Form (DOA-3070), completed and signed
Vendor Information (DOA-3477)
Vendor Reference (DOA-3478)
Cost Sheet – Attachment A
Bid Response Sheet – Attachment B
8.0
TERMS AND CONDITIONS
The State of Wisconsin reserves the right to incorporate standard State contract provisions into any contract
negotiated with any proposal submitted responding to this RFB (Standard Terms and Conditions (DOA-3054) and
Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681)). Failure of the
successful proposer to accept these obligations in a contractual agreement may result in cancellation of the
award.
SPECIAL TERMS AND CONDITIONS
8.1
PRIME CONTRACTOR AND MINORITY BUSINESS SUBCONTRACTORS
The prime Contractor will be responsible for Contract performance when subcontractors are used.
However, when subcontractors are used, they must abide by all terms and conditions of the contract. If
subcontractors are to be used, the bidder must clearly explain their participation.
6
The State of Wisconsin’s policy provides that minority owned business enterprises certified by the
Wisconsin Department of Commerce, Bureau of Minority Development should have the maximum
opportunity to participate in the performance of its contracts. The Contractor is strongly urged to use due
diligence to further this policy by awarding subcontracts to minority owned business enterprises, or by
using such enterprises to provide goods and services incidental to this requested service or contract, with
a goal of awarding at least 5% of the award amount of this request for bid to such enterprises.
A listing of certified minority businesses, as well as the services and commodities they provide, is available
from the Department of Administration, Office of Minority Business Program, 608/267-3293. The list is
published on the Internet at: http://www.doa.state.wi.us/dsas/mbe.htm
8.2
CANCELLATION AND TERMINATION
The State reserves the right to cancel the Contract for any reason, by giving written notice to Contractor of
such cancellation and specifying the effective date thereof, at least 15 days before the effective date of
such cancellation. Contractor shall, in the event of such cancellation, be entitled to receive compensation
for any work accepted hereunder in accordance with the State's order(s). Contractor may also be
compensated for partially completed work in the event of such cancellation. The compensation for such
partially completed work shall be no more than the percentage of completion of each work effort, as
determined in the sole discretion of the State, times the corresponding payment for completion of such
work as set forth in the State's order(s).
In addition, the State reserves the right to terminate the Contract for reasons of breach of contract, by
giving written notice to Contractor of such termination and specifying the effective date thereof, at least ten
(10) days before the effective date of such termination. Contractor shall, in the event of such termination,
be entitled to receive compensation for any work accepted hereunder in accordance with the State's
order(s). Contractor shall also be compensated for partially completed work in the event of such
termination. The compensation for such partially completed work shall be no more than the percentage of
completion of each work effort, as determined in the sole discretion of the State, times the corresponding
payment for completion of such work as set forth in the State's order(s).
Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for
Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in the
State of Wisconsin Standard Terms and Conditions, the State has the right to cancel and terminate the
Contract without notice.
Upon cancellation, termination or other expiration of the Contract, each party shall forthwith return to the
other all papers, materials, and other properties of the other held by each for purposes of execution of the
Contract. In addition, each party will assist the other party in the orderly termination of this Contract and
the transfer of all aspects hereof, tangible or intangible, as may be necessary for the orderly, nondisruptive business continuation of each party.
8.3
MODIFICATIONS OF CONTRACT
Any alterations made to the Contract must be rendered in writing and signed by both responsible parties;
no changes without such signed documentation shall be valid. No alterations outside of the general scope
and intent of the original Request for Bid or in excess of allowable and accepted price changes shall be
made.
8.4
VENDOR REFERENCES
Bidder must include in its bid response a completed Vendor Reference Form (DOA-3478), which is
attached, listing at least three (3) vendors with whom the bidder has done business similar to that required
by this solicitation within the last three (3) years. For each client/customer/buyer/organization listed, the
bidder must include the company name, address, contact person and telephone number along with a brief
description of the product/service, which was the basis for the business relationship. The Department of
Administration will determine which, if any references to contact to assess the quality of the
product/service.
8.5
TAX EXEMPTIONS AND CERTIFICATION OF COLLECTION OF SALES AND USE TAX
The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any
existing contract, if the vendor or contractor has not met or complied with the requirements of s.77.66 Wis.
Stats., and related statutes regarding certification for collection of sales and use tax.
The State of Wisconsin is exempt from payment of all federal tax and Wisconsin state and local taxes on
its purchase except Wisconsin excise taxes as defined in the Standard Terms and Conditions. Minnesota
allows sales tax exemption for IRC 5019(C) organizations, which includes the Department of
Administration. Therefore, the Owner does not pay Minnesota tax.
8.6
PAYMENT TERMS
State agencies must meet a statutory mandate to pay or reject invoices within 30 days of receipt. Before
payment is made, the ordering agency must verify that all invoiced charges are correct and financial
conditions are in compliance with the contract and corresponding Purchase Order. Only properly
submitted invoices will be officially received for payment. Prompt payment requires that invoices be clear,
complete and in compliance with conditions of this Request for Bid and subsequent purchase orders.
Payment will not be made until the service is determined to meet all specifications and has been accepted
by the State of Wisconsin. Each invoice shall be itemized and must include any applicable purchase order
number. Payment for invoices that do not include detailed pricing information may be delayed until this
information is received.
The Contractor shall submit charges to reflect the prices and discounts established for the items on the
Contract. The Contractor will be paid after goods and/or services have been delivered, installed (if
required), and accepted as specified. A good faith dispute creates an exception to prompt payment.
8.7
FUEL SURCHARGES
No fuel surcharges will be allowed in this contract.
8
Wisconsin Department of Administration
DOA-3054 (R10/2005)
Ch. 16, 19, 51, Wis. Stats.
Page 1 of 3
Standard Terms And Conditions
(Request For Bids / Proposals)
1.0
2.0
3.0
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 State of Wisconsin shall be the sole judge
of equivalency. Bidders/proposers are cautioned to avoid
bidding alternates to the specifications which may result in
rejection of their bid/proposal.
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. In the absence
of such statement, the bid/proposal shall be accepted as in
strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable.
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 State of Wisconsin.
4.0
QUANTITIES: The quantities shown on this request are
based on estimated needs. The state reserves the right to
increase or decrease quantities to meet actual needs.
5.0
DELIVERY: Deliveries shall be F.O.B. destination freight
prepaid and included unless otherwise specified.
6.0
PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall
reflect these discounts.
6.1
6.2
6.3
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.
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
contracting agency 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 industrywide. The conditions under which price increases
may be granted shall be expressed in bid/proposal
documents and contracts or agreements.
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).
7.0
UNFAIR SALES ACT: Prices quoted to the State of
Wisconsin are not governed by the Unfair Sales Act.
8.0
ACCEPTANCE-REJECTION:
The State of Wisconsin
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 interests of the State of
Wisconsin.
Bids/proposals MUST be date and time stamped by the
soliciting purchasing office on or before the date and time
that the bid/proposal is due. Bids/proposals date and time
stamped in another office will be rejected. Receipt of a
bid/proposal by the mail system does not constitute receipt
of a bid/proposal by the purchasing office.
9.0
METHOD OF AWARD: Award shall be made to the lowest
responsible, responsive bidder unless otherwise specified.
10.0
ORDERING: Purchase orders or releases via purchasing
cards shall be placed directly to the contractor by an
authorized agency.
No other purchase orders are
authorized.
11.0
PAYMENT TERMS AND INVOICING:
The State of
Wisconsin 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.
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.
A good faith dispute creates an exception to prompt
payment.
12.0
TAXES: The State of Wisconsin and its agencies are
exempt from payment of all federal tax and Wisconsin state
and local taxes on its purchases except Wisconsin excise
taxes as described below.
The State of Wisconsin, including all its agencies, 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 State of Wisconsin 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.
13.0
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.
14.0
15.0
16.0
17.0
18.0
19.0
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.
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 contracting authority.
APPLICABLE LAW: This contract shall be governed under
the laws of the State of Wisconsin. The contractor shall at
all times comply with and observe all federal and state
laws, local laws, ordinances, and regulations which are in
effect during the period of this contract and which in any
manner affect the work or its conduct. The State of
Wisconsin reserves the right to cancel this contract if the
contractor fails to follow the requirements of s. 77.66, Wis.
Stats., and related statutes regarding certification for
collection of sales and use tax. The State of Wisconsin
also reserves the right to cancel this contract with any
federally debarred contractor or a contractor that is
presently identified on the list of parties excluded from
federal procurement and non-procurement contracts.
ANTITRUST ASSIGNMENT: The contractor and the State
of Wisconsin recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact
usually borne by the State of Wisconsin (purchaser).
Therefore, the contractor hereby assigns to the State of
Wisconsin any and all claims for such overcharges as to
goods, materials or services purchased in connection with
this contract.
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 State of
Wisconsin.
WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., 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.
NONDISCRIMINATION / AFFIRMATIVE ACTION: In
connection with the performance of work under this
contract, the contractor agrees not to discriminate against
any employee or applicant for employment because of age,
race, religion, color, handicap, sex, physical condition,
developmental disability as defined in s. 51.01(5), Wis.
Stats., 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.
19.1
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) employees.
Within fifteen (15) working days after the contract is
19.2
The contractor agrees to post in conspicuous places,
available for employees and applicants for employment, a notice to be provided by the contracting state
agency that sets forth the provisions of the State of
Wisconsin's nondiscrimination law.
19.3
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.
20.0
PATENT INFRINGEMENT: The contractor selling to the
State of Wisconsin 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 State of Wisconsin (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.
21.0
SAFETY REQUIREMENTS: All materials, equipment, and
supplies provided to the State of Wisconsin must comply
fully with all safety requirements as set forth by the
Wisconsin Administrative Code and all applicable OSHA
Standards.
22.0
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.
23.0
INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall:
23.1
Maintain worker's compensation insurance as
required by Wisconsin Statutes, for all employees
engaged in the work.
23.2
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.
23.3
The state reserves the right to require higher or lower
limits where warranted.
10
DOA-3054
Page 3 of 3
24.0
25.0
26.0
CANCELLATION: The State of Wisconsin 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.
VENDOR TAX DELINQUENCY: Vendors who have a
delinquent Wisconsin tax liability may have their payments
offset by the State of Wisconsin.
PUBLIC RECORDS ACCESS: It is the intention of the
state to maintain an open and public process in the solicitation, submission, review, and approval of procurement
activities.
Bidders are encouraged to bid products with recycled
content which meet specifications.
30.0
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 with the invoice(s).
31.0
PROMOTIONAL ADVERTISING / NEWS RELEASES:
Reference to or use of the State of Wisconsin, any of its
departments, agencies or other sub-units, 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 State of Wisconsin.
Release of broadcast e-mails pertaining to this procurement
shall not be made without prior written authorization of the
contracting agency.
32.0
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.
33.0
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) 267-7577.
34.0
WORK CENTER PROGRAM:
The successful
bidder/proposer shall agree to implement processes that
allow the State agencies, including the State 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.
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.
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
28.0
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.
DISCLOSURE: If a state public official (s. 19.42, Wis.
Stats.), 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 East
Mifflin Street, Suite 601, Madison, Wisconsin 53703
(Telephone 608-266-8123).
State classified and former employees and certain State of
Wisconsin faculty/staff are subject to separate disclosure
requirements, s. 16.417, Wis. Stats.
29.0
RECYCLED MATERIALS: The State of Wisconsin is
required to purchase products incorporating recycled materials whenever technically and economically feasible.
State of Wisconsin
Department of Administration
Division of Agency Services
Bureau of Procurement
DOA-3681 (01/2001)
ss. 16, 19 and 51, Wis. Stats.
Supplemental Standard Terms and Conditions
for Procurements for Services
1.0
ACCEPTANCE OF BID/PROPOSAL CONTENT: The contents of the bid/proposal of the successful contractor will
become contractual obligations if procurement action ensues.
2.0
CERTIFICATION
OF
INDEPENDENT
PRICE
DETERMINATION:
By signing this bid/proposal, the
bidder/proposer certifies, and in the case of a joint
bid/proposal, each party thereto certifies as to its own organization, that in connection with this procurement:
2.1
2.2
The prices in this bid/proposal have been arrived at
independently, without consultation, communication,
or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any
other bidder/proposer or with any competitor;
Unless otherwise required by law, the prices which
have been quoted in this bid/proposal have not been
knowingly disclosed by the bidder/proposer and will
not knowingly be disclosed by the bidder/proposer
prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated
procurement, directly or indirectly to any other
bidder/proposer or to any competitor; and
2.3
No attempt has been made or will be made by the
bidder/proposer to induce any other person or firm to
submit or not to submit a bid/proposal for the purpose
of restricting competition.
2.4
Each person signing this bid/proposal certifies that:
He/she is the person in the bidder's/proposer's organization responsible within that organization for the
decision as to the prices being offered herein and that
he/she has not participated, and will not participate, in
any action contrary to 2.1 through 2.3 above; (or)
3.2
4.0
DUAL EMPLOYMENT:
Section 16.417, Wis. Stats.,
prohibits an individual who is a State of Wisconsin employee
or who is retained as a contractor full-time by a State of
Wisconsin agency from being retained as a contractor by the
same or another State of Wisconsin agency where the
individual receives more than $12,000 as compensation for
the individual’s services during the same year.
This
prohibition does not apply to individuals who have full-time
appointments for less than twelve (12) months during any
period of time that is not included in the appointment. It does
not include corporations or partnerships.
5.0
EMPLOYMENT: The contractor will not engage the services
of any person or persons now employed by the State of
Wisconsin, including any department, commission or board
thereof, to provide services relating to this agreement without
the written consent of the employing agency of such person
or persons and of the contracting agency.
6.0
CONFLICT OF INTEREST: Private and non-profit corporations are bound by ss. 180.0831, 180.1911(1), and 181.0831
Wis. Stats., regarding conflicts of interests by directors in the
conduct of state contracts.
7.0
RECORDKEEPING AND RECORD RETENTION:
The
contractor shall establish and maintain adequate records of
all expenditures incurred under the contract. All records must
be kept in accordance with generally accepted accounting
procedures. All procedures must be in accordance with
federal, state and local ordinances.
He/she is not the person in the bidder's/proposer's
organization responsible within that organization for
the decision as to the prices being offered herein, but
that he/she has been authorized in writing to act as
agent for the persons responsible for such decisions
in certifying that such persons have not participated,
and will not participate in any action contrary to 2.1
through 2.3 above, and as their agent does hereby so
certify; and he/she has not participated, and will not
participate, in any action contrary to 2.1 through 2.3
above.
3.0
DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP:
3.1
Prior to award of any contract, a potential contractor
shall certify in writing to the procuring agency that no
relationship exists between the potential contractor
and the procuring or contracting agency that interferes
with fair competition or is a conflict of interest, and no
relationship exists between the contractor and another
person or organization that constitutes a conflict of
interest with respect to a state contract.
The
Department of Administration may waive this provision, in writing, if those activities of the potential contractor will not be adverse to the interests of the state.
Contractors shall agree as part of the contract for
services that during performance of the contract, the
contractor will neither provide contractual services nor
enter into any agreement to provide services to a
person or organization that is regulated or funded by
the contracting agency or has interests that are
adverse to the contracting agency. The Department
of Administration may waive this provision, in writing,
if those activities of the contractor will not be adverse
to the interests of the state.
The contracting agency shall have the right to audit, review,
examine, copy, and transcribe any pertinent records or
documents relating to any contract resulting from this
bid/proposal held by the contractor. The contractor will retain
all documents applicable to the contract for a period of not
less than three (3) years after final payment is made.
8.0
INDEPENDENT CAPACITY OF CONTRACTOR:
The
parties hereto agree that the contractor, its officers, agents,
and employees, in the performance of this agreement shall
act in the capacity of an independent contractor and not as
an officer, employee, or agent of the state. The contractor
agrees to take such steps as may be necessary to ensure
that each subcontractor of the contractor will be deemed to
be an independent contractor and will not be considered or
permitted to be an agent, servant, joint venturer, or partner of
the state.
12
STATE OF WISCONSIN
Bid #
VA1050292
DOA-3477 (R05/98)
Commodity / Service
FRESH BAKERY ITEMS
VENDOR INFORMATION
1.
BIDDING / PROPOSING COMPANY NAME
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
2.
State
Zip + 4
Name the person to contact for questions concerning this bid / proposal.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
3.
State
Zip + 4
Any vendor awarded over $25,000 on this contract must submit affirmative action information to the
department. Please name the Personnel / Human Resource and Development or other person responsible
for affirmative action in the company to contact about this plan.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
4.
State
Zip + 4
Mailing address to which state purchase orders are mailed and person the department may contact
concerning orders and billings.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
5.
State
Zip + 4
CEO / President Name
This document can be made available in accessible formats to qualified individuals with disabilities.
STATE OF WISCONSIN
Bid#
VA1050292
DOA-3478 (R12/96)
VENDOR REFERENCE
FOR VENDOR:
Provide company name, address, contact person, telephone number, and appropriate information on the
product(s) and/or service(s) used for four (4) or more installations with requirements similar to those included in this
solicitation document. If vendor is proposing any arrangement involving a third party, the named references should
also be involved in a similar arrangement.
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
This document can be made available in accessible formats to qualified individuals with disabilities.
14
ATTACHMENT A: COST SHEET
Bid # VA1050292
Award shall be made on the basis of the lowest responsive and responsible bidder submitting the lowest Total Price per
Month for Line Items 1 through 24. Responses received without pricing will be rejected
INDIVIDUAL
UNIT SIZE
A
B
C
UNIT PRICE
ESTIMATED
QUANTITY PER
MONTH
(each)
NET MONTHLY
PRICE PER LINE
ITEM
ITEM
SWEETS:
1. Cake Donuts
2 oz
2. Glazed Donuts
2 oz
3. Long Johns
2 oz
4. Bismarks
3 oz
5. Twists
2.5 oz
6. Fritters
3.5 oz
7. Persians
3 oz
8. Asst. Danish
3 oz
9. Brownies/Bars
1.25 oz
10. Cupcakes
2-3 oz
11. Muffins, Assorted
2-3 oz
12. Angel Food Cake, half
3.75 LB
13. Angel Food Cake, full
7.5 LB
1200
960
960
720
480
192
144
480
636
432
390
1
1
SHEET CAKES:
14. Full Sheet Plain
7 LB
15. Full Sheet Frosted
9 LB
16. Full Sheet Decorated
9.5 LB
17. Half Sheet Plain
3 LB
18. Half Sheet Frosted
4 LB
19. Half Sheet Decorated
4.5 LB
5
2
2
5
1
1
COOKIES:
20. Cookies
1 oz
21. Cookies
1.5 oz
912
912
22. Cookies, Cranberry Nut
1.5 oz
144
BREADS:
23. Hamburger Buns White
24. Hot Dog Buns
2 oz
2 oz
240
240
TOTAL PRICE per MONTH
$
Company Name: ______________________________
Name: ______________________________________
Signature: _____________________________________
Date: _____________________
ATTACHMENT B: BID QUESTIONS
Bid # VA1050292
1. Are you willing to provide samples of your bakery goods to assist us with a taste test for this bid?
(This is not mandatory as part of the award)
Yes __________
No __________
2. Can you provide us with the bakery items within the parameters of the delivery schedule as
described in the specifications at Attachment A? (This is mandatory)
Yes __________
No __________
3. Please include a list of available flavors for:
a. cakes
b. frostings
c. fillings
d. cookies
4. Please include a list of any specialty and/or seasonal items which will be available.
Company Name: ____________________________________________
Name: _____________________________________________________
Signature: _________________________________________________
Date: _____________________________________________________
16
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