UNIVERSITY OF WISCONSIN SYSTEM REQUEST FOR BID (RFB) PS-14-2266

UNIVERSITY OF WISCONSIN SYSTEM  REQUEST FOR BID (RFB) PS-14-2266
RFB PS-14-2266
UNIVERSITY OF WISCONSIN SYSTEM
REQUEST FOR BID (RFB) PS-14-2266
Automated Teller Machine (ATM) Services
University of Wisconsin-Whitewater
DATE OF ISSUE: February 21, 2014
PROPOSAL DUE DATE: April 17, 2014 2:00 PM (CST)
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RFB PS-14-2266
State of Wisconsin
DOA-3261 (R08/2003)
s.16.75, Wis. Statutes
PROPOSALS MUST BE SEALED AND ADDRESSED TO:
AGENCY ADDRESS:
University of Wisconsin System
Administration
Office of Procurement
780 Regent Street, Suite 105
Madison, WI 53715
REQUEST FOR BID
Proposal envelope must be sealed and plainly marked in lower corner with due date
and Request for Proposal #PS-14-2266 Late proposals will be rejected. Proposals
MUST be date and time stamped by the soliciting purchasing office on or before the
date and time that the proposal is due. Proposals dated and time stamped in
another office will be rejected. Receipt of a proposal by the mail system does not
constitute receipt of a proposal by the purchasing office. Any proposal which is
inadvertently opened as a result of not being properly and clearly marked is subject
to rejection. Proposals must be submitted separately, i.e., not included with sample
packages or other proposals. Proposal 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. Proposer should contact person
named below for an appointment to view the proposal record. Proposals shall be
firm for acceptance for sixty (60) days from date of proposal opening, unless
otherwise noted. The attached terms and conditions apply to any subsequent
award.
Proposals MUST be in this office no later than
THIS IS NOTAN ORDER
Public
Opening
April 17, 2014 2PM CST
PROPOSER (Name and Address)
No Public
Opening
Name (Contact for further information)
Paul D. Schlough
Phone
Date
608-265-0557
02-21-2014
Quote Price and Delivery FOB
Description
REQUEST FOR Bid (RFB)
Automated Teller Machine (ATM) Services for the University of Wisconsin-Whitewater
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.
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 proposal 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 proposal; that this proposal has
been independently arrived at without collusion with any other proposer, competitor or potential competitor; that this proposal has not been knowingly disclosed prior to
the opening of proposals to any other proposer 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 Proposal and all terms of our proposal.
Name of Authorized Company Representative (Type or Print)
Signature of Above
Title
Date
Phone
(
)
Fax
(
)
Federal Employer Identification
No.
Social Security No. if Sole
Proprietor (Voluntary)
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
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RFB PS-14-2266
Table of
Contents
1
2
Introduction and Purpose ......................................................................................................................................9
1.1
Purpose of the Request ................................................................................................................................9
1.2
Reasonable Accommodations ......................................................................................................................9
1.3
Scope ............................................................................................................................................................9
1.4
Overview of Procuring Agency .....................................................................................................................9
1.5
Contract Length ............................................................................................................................................9
1.6
Method of Award .........................................................................................................................................9
1.7
Parties to the Contract ...............................................................................................................................10
1.8
Cancellation and Termination ....................................................................................................................10
1.9
VendorNet Registration ............................................................................................................................11
Bid Procedures and Instructions ..........................................................................................................................11
2.1
Method of Bid/Submission ........................................................................................................................11
2.2
Calendar of Events .....................................................................................................................................12
2.3
Format of Bid..............................................................................................................................................12
2.3.1
Signed Request for Bid Sheet .................................................................................................................12
2.3.2
State of Wisconsin Terms and Conditions .............................................................................................13
2.3.3
Additional Information ..........................................................................................................................13
2.3.4
Cost Information ....................................................................................................................................13
2.4
Multiple Bids ..............................................................................................................................................13
2.5
Incurring Costs ...........................................................................................................................................13
2.6
Questions ...................................................................................................................................................13
2.7
News Releases ............................................................................................................................................14
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3
4
Bid Acceptance, Evaluation and Award ...............................................................................................................14
3.1
Bid Opening ................................................................................................................................................14
3.2
Bid Acceptance ...........................................................................................................................................14
3.3
Bid Evaluation ............................................................................................................................................14
3.4
Notification of Intent to Award ..................................................................................................................15
3.5
Appeals Process .........................................................................................................................................15
Special Terms and Conditions ..............................................................................................................................15
4.1
Performance Bond or Irrevocable Letter of Credit ....................................................................................15
4.2
Site Visit/Inspection of Premises ................................................................................................................16
4.3
Excused Performance .................................................................................................................................16
4.4
Insurance ....................................................................................................................................................16
4.4.1
Coverage and Minimum Limits ..............................................................................................................16
4.4.2
Certificate of Insurance..........................................................................................................................17
4.4.3
Commercial General Liability .................................................................................................................17
4.4.4
Covenant requiring Notice .....................................................................................................................17
4.4.5
Evidence of New Insurance ....................................................................................................................17
4.4.6
University Right to Cancel ......................................................................................................................18
4.4.7
Provide Certificate of Insurance ............................................................................................................18
4.4.8
Evidence of New Source(s) of Required Insurance ................................................................................18
4.4.9
Contractor Agrees to Indemnify ............................................................................................................18
4.4.10
Risk of Damage or Loss ......................................................................................................................18
4.4.11
University Right to Cancel and Terminate .........................................................................................18
4.5
Items Relevant to Automated Teller Machine (ATM) Services ..................................................................19
4.6
Terms and Obligations Applicable to Automated Teller Machine (ATM) Services ....................................19
4.7
Performance Success Dependent on User Response .................................................................................19
4.8
Process to Adjust Terms .............................................................................................................................19
4.9
Contract/Vendor Financial Responsibilities ...............................................................................................19
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5
4.10
Contract/Vendor Required to Furnish .......................................................................................................19
4.11
Contractor/Supplier Use of Premises .........................................................................................................19
4.12
University Right to Regulate and Access Automated Teller Machine (ATM) Service Areas and Locations20
Technical Requirements ......................................................................................................................................20
5.1
6
Automated Teller Machine (ATM) Services Terms ....................................................................................20
5.1.1
Scope .....................................................................................................................................................20
5.1.2
Schedule of Operation and Performance Review ..................................................................................20
5.1.3
Goods and Services ................................................................................................................................20
5.1.4
Automated Teller Machine (ATM) Networking .....................................................................................21
5.1.5
Contractor Staffing ................................................................................................................................22
5.1.6
Advertising and Promotion ....................................................................................................................22
5.1.7
Contractor Operating Policies ................................................................................................................23
5.1.8
Automated Teller Machine (ATM) Cards ...............................................................................................23
5.1.9
Eligible Users ..........................................................................................................................................23
Equipment, Utilities and Space Use .....................................................................................................................24
6.1
Space Use & Equipment .............................................................................................................................24
6.1.1
Automated Teller Machine (ATM) Equipment Location ........................................................................24
6.1.2
Age of Equipment ..................................................................................................................................24
6.1.3
Automated Teller Machine (ATM) Ownership .......................................................................................24
6.1.4
Equipment Installation and Test Period.................................................................................................24
6.1.5
Signage ...................................................................................................................................................25
6.1.6
Condition Upon Contract Termination ..................................................................................................25
6.1.7
Automated Teller Machine (ATM) Storage ............................................................................................25
6.2
Utilities .......................................................................................................................................................25
6.2.1
Utility Supply and Source .......................................................................................................................25
6.2.2
Communications/Telephones ................................................................................................................26
6.2.3
Available Energy.....................................................................................................................................26
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RFB PS-14-2266
6.2.4
7
Heat and Electricity Interruption ...........................................................................................................26
6.3
Additional Equipment ................................................................................................................................26
6.4
Facility Security/Locks/Keys .......................................................................................................................26
6.5
Lock Cylinder/Key Replacement.................................................................................................................26
6.6
Automated Teller Machine (ATM) Industry Improvements .......................................................................27
6.7
Cash Handling .............................................................................................................................................27
6.8
Sanitation/Pest Control/Custodial Service .................................................................................................27
6.9
Permits, Licenses, Operating Instructions ..................................................................................................27
6.10
Preventive Maintenance Programs ............................................................................................................27
6.11
Unanticipated Repairs ................................................................................................................................27
6.12
Industry Improvements ..............................................................................................................................27
6.13
New Industry Security Measures ..............................................................................................................28
Accounting And Payments ...................................................................................................................................28
7.1
ATM Accounting .........................................................................................................................................28
7.1.1
Record Retention ...................................................................................................................................28
7.1.2
Transaction Definition ...........................................................................................................................28
7.1.3
Automated Teller Machine (ATM) Monthly Statement .........................................................................28
7.1.4
Transaction Count Disclosure ................................................................................................................28
7.1.5
Malfunction Report................................................................................................................................29
7.2
Payments ....................................................................................................................................................29
7.2.1
Automated Teller Machine (ATM) Commission Payment .....................................................................29
7.2.2
Guarantee Payments .............................................................................................................................29
7.2.3
Commission Paid Until Automated Teller Machine (ATM) is Removed ................................................29
7.3
Contractor Losses .......................................................................................................................................29
7.4
Operating Profit or Loss .............................................................................................................................30
7.5
Audit ...........................................................................................................................................................30
7.6
Automated Teller Machine (ATM) Statement Review ...............................................................................30
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RFB PS-14-2266
7.7
8
Reports .......................................................................................................................................................30
7.7.1
Monthly Statements ..............................................................................................................................30
7.7.2
Report Format........................................................................................................................................30
7.7.3
Statement Review ..................................................................................................................................30
7.7.4
Audit ......................................................................................................................................................30
Bidder’s Qualifications and Information ..............................................................................................................32
8.1
Purpose of invitation ..................................................................................................................................32
8.2
Name and Address .....................................................................................................................................32
8.3
Extent of Experience in Automated Teller Machine (ATM) Service Operations ........................................33
8.4
List Operations of Similar Complexity ........................................................................................................33
8.5
Provide Operating Statement or Annual Report ........................................................................................33
8.6
Description of Services and Equipment .....................................................................................................33
8.7
Operating Locations ...................................................................................................................................33
8.8
Advertising and Promotions ......................................................................................................................33
8.9
Network Affiliations ...................................................................................................................................33
8.10
Recording, Checking and Reporting ...........................................................................................................33
8.11
Equipment Replacement and Preventative Maintenance .........................................................................33
8.12
Inquiry Transaction ....................................................................................................................................33
8.13
Malfunction Reporting ...............................................................................................................................34
8.14
Other Information ......................................................................................................................................34
9
Bid Submittal Form for Automated Teller Machine (ATM) Services ...................................................................35
9.1
Commission per Automated Teller Machine (ATM) Transaction ...............................................................35
9.2
Automated Teller Machine (ATM) Surcharge ............................................................................................35
10
Standard Terms and Conditions .....................................................................................................................37
11
Exhibit A: Institution Specific Business Requirements ...................................................................................41
12
Vendor Information – DOA 3477 ....................................................................................................................43
13
Vendor Client Reference - DOA 3478 ............................................................................................................44
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RFB PS-14-2266
14
Bank Reference ...............................................................................................................................................45
15
Terms and Conditions .....................................................................................................................................46
16
Proposer Information .....................................................................................................................................46
17
Designation of Confidential and Proprietary Information DOA 3027 ............................................................47
18
Affidavit ..........................................................................................................................................................48
19
Checklist .........................................................................................................................................................49
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RFB PS-14-2266
1 Introduction and Purpose
1.1 Purpose of the Request
PURPOSE OF THE REQUEST FOR BIDS: The purpose of this document is to provide interested parties with
information to enable them to prepare and submit a bid for Automated Teller Machine (ATM) Services at the
University of Wisconsin-Whitewater.
The State as represented by University of Wisconsin Board of Regents intends to use the results of this process to
award a contract for Automated Teller Machine (ATM) Services on behalf of the University of WisconsinWhitewater as identified in this bid document.
1.2 Reasonable Accommodations
REASONABLE ACCOMMODATIONS: The University of Wisconsin System Administration, Office of Procurement will
provide reasonable accommodations, including the provision of informational material in an alternative format, for
qualified individuals with disabilities upon request. If you think you need accommodations at a bid
opening/vendor conference, contact Paul D. Schlough, Procurement Specialist, Senior in representation of the
University of Wisconsin System Administration Office of Procurement at 608-265-0557 (voice).
1.3 Scope
SCOPE: The University of Wisconsin System Administration and the University of Wisconsin Board of Regents
intends to utilize this bid for (this purchase only or all purchases for a year, etc.) the purchase of Automated Teller
Machine (ATM) Services on behalf of the University of Wisconsin-Whitewater as named in this Bid document.
1.4 Overview of Procuring Agency
OVERVIEW OF PROCURING AGENCY: The University of Wisconsin System Administration performs administrative
and executive functions for the University of Wisconsin System and its Institutions.
1.5 Contract Length
CONTRACT LENGTH: It is the intent of the University to commence the resulting contract on or about August 1,
2014. The contract term will be for a one (1) year period from the effective date with four (4) automatic one (1)
year extensions. The contract shall be automatically extended unless either party notifies the other in writing one
hundred and twenty days prior to the anniversary date.
The total contractual length will be five (5) years
1.6 Method of Award
METHOD OF AWARD: The award shall be made to the bidder with the highest Commission rate and/or annual
guarantee and the lowest surcharge to Automated Teller Machine (ATM) users (transaction fee) which is in the
best interest of the University as determined by the University. Priority shall be given to obtaining a low or no
transaction surcharge rate. The University shall determine if the bidder is financially, managerially and
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operationally capable of providing the required services based on the vendor’s response to this bid. Only those
vendors determined to be capable and currently operate Automated Teller Machine (ATM) Services shall be
considered. Representatives from the University reserve the right to inspect the bidder’s facilities and other
operations under the contractor’s management prior to award of this bid.
1.7 Parties to the Contract
PARTIES TO THE CONTRACT: The contract shall be between the State of Wisconsin Board of Regents of the
University of Wisconsin System doing business as the University of Wisconsin – Whitewater, hereafter referred to
as the "University" and the successful bidder hereafter referred to as the "Vendor and/or Contractor" for the
provision of Automated Teller Machine (ATM) Services according to the terms set forth herein.
Mr. Bob Barry, Executive Director, James R. Connor University Center, UW-Whitewater shall be the representative
of the University responsible for the administration of UW-Whitewater’s contract and referred to herein as "the
appropriate campus authority or Campus Contract Administrator".
1.8 Cancellation and Termination
CANCELLATION AND TERMINATION: The University of Wisconsin System reserves the right to cancel the resulting
contract/agreement, for any reason, by giving written notice to Contractor of such cancellation and specifying the
effective date thereof, at least one hundred twenty (120) 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 University of Wisconsin System’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 University of Wisconsin System, times the corresponding payment for completion of such work as set forth
in the University of Wisconsin System’s order(s).
In addition, the University of Wisconsin System reserves the right to terminate the resulting contract/agreement,
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. The University shall
provide ten (10) calendar days written notice of contract breach and unless within ten (10) calendar days such
neglect has ceased and arrangements made to correct, the University may cancel the contract by giving one
hundred twenty (120) day notice in writing by registered or certified mail of its intention to cancel this contract.
Contractor shall, in the event of such termination, be entitled to receive compensation for any work accepted
hereunder in accordance with the University of Wisconsin System'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 University of Wisconsin System, times the corresponding payment for completion of such work as set forth
in the University of Wisconsin System's order(s).
Should the University breach any terms or provisions of this contract, the contractor shall serve written notice on
the University setting forth the alleged breach and demanding compliance with the contract. Unless within ten
(10) calendar days after receiving such notice, the allegation shall be contested or such breach shall cease and
arrangements be made for corrections, the contractor may cancel the contract by giving one hundred twenty (120)
day notice, in writing, by registered or certified mail of its intention to cancel this contract.
Upon cancellation, termination or other expiration of the resulting contract/agreement, 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/agreement. In addition, each party will assist the other party in the orderly termination of this
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RFB PS-14-2266
contract/agreement and the transfer of all aspects hereof, tangible or intangible, as may be necessary for the
orderly, non-disruptive business continuation of each party.
The University may discontinue this contract, in whole or in part, without penalty at any time due to
non-appropriation of funds.
If the contractor fails to maintain and keep in force required insurance, the University shall have the right to cancel
and terminate the contract without notice.
1.9 VendorNet 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 including the University of Wisconsin System. 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 Web
site address for inclusion on the bidders list for goods and services that the organization wants to sell to the state.
A subscription with notification guarantees the organization will receive an e-mail message each time a state
agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for
proposal in their designated commodity/service area(s) with an estimated value over $25,000. Organizations
without Internet access receive paper copies in the mail. Increasingly, state agencies also are using VendorNet to
post simplified bids valued at $25,000 or less. Vendors also may receive e-mail notices of these simplified bid
opportunities.
2 Bid Procedures and Instructions
2.1 Method of Bid/Submission
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 form. Vendors must also submit an Electronic Copy of all
Materials on a USB Flash Drive. Submission must be made to:
University of Wisconsin System Administration Office of Procurement
Attn.: Paul D. Schlough, Procurement Specialist, Senior
Room Number 105
780 Regent Street
Madison, WI 53715
Bids must be received by the receptionist in the above office. All bids must be time-stamped in by the University
of Wisconsin System Administration Office of Procurement prior to the stated opening time. Bids not so stamped
will be considered late, and will not be accepted as a legitimate bid. Receipt of a bid by the State mail system
does not constitute receipt of a bid by the University of Wisconsin System Administration Office of Procurement,
for purposes of this request for bids.
All bids must be packaged, sealed, and show the following information on the outside of the package:
Vendor's Name and Address
Request for Bids Title
Request for Bids Number
Bid Due Date
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RFB PS-14-2266
2.2 Calendar of Events
CALENDAR OF EVENTS: Listed below are important dates and times by which actions related to this Request for
Bids (RFB) must be completed. In the event that the University of Wisconsin System finds it necessary to change
any of these dates and times it will do so by issuing a supplement to this RFB. Site survey and inspections will take
place By appointment only between the dates of March 1, 2014 through April 4, 2014. An inspection of the current
Automated Teller Machine Space and facility will place at the assigned appointment time. Vendor’s must contact
Mr. Bob Barry, Executive Director, University Center, UW-Whitewater for appointment (contact information listed
below).
DATE
EVENT
February 21, 2014
Site Survey & Site Inspection
@ UW-Whitewater by Appointment Only
Supplier Written Questions Due
Bids Due @ 2pm CST
Public Bid Opening
Estimated Contract Award Date
Estimated Implementation Period
Contract Start Date
Date of issue of the RFB
March 1, 2014 through April 4, 2014
March 24, 2014 Close of Business
April 17, 2014
April 17, 2014 @2pm CST
April 28, 2014
April 30, 2014 through July 30, 2014
August 1, 2014
Please contact the following for parking arrangements, if needed:
INSTITUTION
CONTACT
UW-Whitewater
Mr. Bob Barry,
Executive Director, James R. Connor University Center,
UW-Whitewater (262) 472-6223
[email protected]
2.3 Format of Bid
Vendors responding to this RFB must comply with the following format requirements:
2.3.1
Signed Request for Bid Sheet
Include here 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/commissions 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/commissions 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
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2.3.2
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.
2.3.3
Additional Information
Include here the completed Vendor Data Sheet and Vendor Reference Data 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.
2.3.4
Cost Information
Provide cost information on the Request for Bid sheet or the cost sheets 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.
2.4 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. Alternate acquisition plans do not constitute multiple bids.
2.5 Incurring Costs
INCURRING COSTS: The State of Wisconsin and University of Wisconsin System (including the Board of Regents of
the University of Wisconsin System, its officers, agents and employees) are not liable for any cost incurred by a
vendor in the process of responding to this RFB.
2.6 Questions
Any questions concerning this RFB must be submitted in writing on or before March 24, 2014 to:
University of Wisconsin System Administration, Office of Procurement
Attn: Paul D. Schlough, Procurement Specialist Senior
Room No.105
780 Regent Street
Madison, WI 53715
Vendors are expected to raise any questions, exceptions, or additions they have concerning the RFB document or
the attached State of Wisconsin Contract at this point in the RFB process. If a vendor discovers any significant
ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the vendor should immediately
notify the above named individual of such error and request modification or clarification of the RFB document.
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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.
From the date of release of this RFB, until a Letter of Intent is issued, all contacts with the University of Wisconsin
System Personnel regarding this RFB shall be made through this purchasing section in the University of Wisconsin
System Administration (UWSA) Office of Procurement. Violation of this condition may be considered sufficient
cause for rejection of a proposal, irrespective of any other considerations.
Each bid shall stipulate that it is predicated upon the terms and conditions of this RFB and any supplements or
revisions thereof.
2.7 News Releases
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 University of Wisconsin System Administration Office of
Procurement.
Each bid shall stipulate that it is predicated upon the terms and conditions of this RFB and any supplements or
revisions thereof.
3 Bid Acceptance, Evaluation and Award
3.1 Bid Opening
BID OPENING: Bids will be opened on April 17, 2014 at 2pm CST at the University of Wisconsin System
Administration Office of Procurement located at 780 Regent Street, Madison, WI 53715 in Room number 249.
Names of the bidders may be read aloud at that time.
All bids shall REMAIN FIRM for a minimum of ninety (90) days from the date of bid opening.
3.2 Bid Acceptance
Bids which do not comply with instruction or are unable to comply with the specifications contained in the RFB
may be rejected by the University of Wisconsin System Administration Office of Procurement. The University of
Wisconsin System may request reports on a vendor’s financial stability and if financial stability is not substantiated
may reject a vendor’s bid. The University of Wisconsin System Administration Office of Procurement shall be the
sole judge as to compliance with the instructions contained in this RFB.
3.3 Bid Evaluation
Bids will be evaluated by the University of Wisconsin System Administration Office of Procurement and program
manager to verify that they will meet all specified requirements in this RFB. This verification may include
requesting reports on the vendor’s financial stability, conducting demonstration of the vendor’s proposed
products(s) and/or service(s), and reviewing results of past awards to the vendor by the State of Wisconsin and the
University of Wisconsin System.
Bids from certified Minority Business enterprises may be provided up to a five percent (5%) bid preference in
accordance with Wis. Stats. S. 16.75(3m).
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3.4 Notification of Intent to Award
Any vendors who respond to this RFB, with a bid, will be notified in writing of the State’s intent to award the
contract(s) as a result of this RFB.
After notification of the intent to award is made, and under the supervision of University of Wisconsin System
Administration Office of Procurement staff, copies of bids will be available for public inspection 8:30 a.m. to 4:30
p.m. at 780 Regent Street, Madison WI 53715. Vendors should schedule reviews with Paul D. Schlough,
Procurement Specialist Senior at 608-265-0557 to ensure that space is available for the review.
3.5 Appeals Process
The appeals procedure applies to only those requests for bids that are greater than $25,000. Notices of intent to
protest and protests must be made in writing. Protestors should make their protests as specific as possible and
should identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated.
The written notice of intent to protest the University of Wisconsin System’s intent to award a contract and a
complete written protest must be filed with the President of the University System in care of:
Rich Lampe
Director of Procurement
University of Wisconsin System Administration
Room No. 105
780 Regent Street
Madison, WI 53715
and received in his office no later than five (5) working days after the University of Wisconsin system
administration Office of Procurement notices of intent to award are issued.
4 Special Terms and Conditions
4.1 Performance Bond or Irrevocable Letter of Credit
The successful bidder, hereafter referred to as "contractor", shall be required to furnish a performance bond in the
amount of Zero dollars ($0). Such bond must be furnished upon notification by the University of Wisconsin System
Office of Procurement, hereafter referred to as "System Office of Procurement", and prior to contract award.
In lieu of the performance bond, the contractor may provide an irrevocable letter of credit naming the University
as beneficiary. The irrevocable letter of credit shall be in the amount specified for the performance bond and the
format content required by the University. The performance bond or irrevocable letter of credit shall be furnished
by a company licensed to do business in the State of Wisconsin.
The performance bond or irrevocable letter of credit shall be for the entire contract period. If an irrevocable letter
of credit is used, the period shall extend one month beyond the contract expiration date. The performance bond
or letter of credit shall provide that in the event of non-renewal, the Office of Procurement, and the contractor be
notified in writing by the issuer a minimum of sixty (60) days prior to the anniversary of the effective date of the
contract.
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In the event of non-renewal, the contractor shall provide the University evidence of the new source of surety
within twenty-one (21) calendar days after the University's receipt of the non-renewal notice. Failure to maintain
the required surety in force may be cause for contract termination.
Failure to provide the bond or irrevocable letter of credit within twenty-one (21) days of notification of award may
result in cancellation of contract award.
4.2 Site Visit/Inspection of Premises
Bidders are invited to inspect the facility by appointment only between March 1, 2014 and April 4, 2014 at UWWhitewater. Appointments for inspection may be made by contact Mr. Bob Barry, Executive Director, James R.
Connor University Center (Contact Information Listed Below). Bidders are invited to visit and inspect the project
site location completely prior to submitting bid in order to determine all requirements associated with the
contract. Failure to inspect adequately shall not relieve the contractor from the necessity of furnishing and
installing, without additional cost to the University, any materials and equipment or performing any labor that may
be required to carry out the intent of the contract.
Site Contact: Mr. Bob Barry, Executive Director, James R. Connor University Center, UW-Whitewater
Telephone: (262) 472-6223
Email: [email protected]
4.3 Excused Performance
If, because of riots, war, public emergency or calamity, fire, flood, earthquake, act of God, government restriction,
labor disturbance or strike, business operations at the University are interrupted or stopped, performance of this
contract, with the exception of monies already due and owing, shall be suspended and excused to the extent
commensurate with such interfering occurrence. The expiration date of this contract may be extended for a
period of time equal to the time that such default in performance is excused.
4.4 Insurance
The contractor shall bear the full and complete responsibility for all risk of damage or loss of premises, equipment,
products or money resulting from any cause whatsoever and shall not penalize the University for any losses
incurred related to this contract.
4.4.1
Coverage and Minimum Limits
Coverage
Minimum Limits
Worker's Compensation (WC)
Employer's Liability
Coverage (B)
Statutory
$100,000/500,000/100,000
Commercial General Liability (CGL)
General Aggregate incl. prdt/co
Each Occurrence
$2,000,000
$1,000,000
Automobile Liability (including hired & non-owned)
Combined Single Limit
$1,000,000
Umbrella
$1,000,000
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RFB PS-14-2266
Additional Insured Provision
The contractor shall add the Board of Regents of the University of Wisconsin System, University of WisconsinWhitewater and their officers, agents and employees as an additional insured under the commercial general
liability policy.
Remodeling or Renovation
The above insurances are required to be in effect during the course of any remodeling, renovation or construction
done by or at the direction of the contractor.
4.4.2
Certificate of Insurance
Upon notification of award and prior to issuance of a contract, the contractor shall provide the University a
certificate of insurance with the required coverage and limits of insurance issued by an insurance company that
has an AM Best rating of A- licensed to do business in the State of Wisconsin and signed by an authorized agent.
Certificate of Insurance
The Contractor awarded the business of Automated Teller Machine (ATM) Services will be required to submit to
the University of Wisconsin System Administration Office of Procurement a Certificate of Insurance that includes
the following components:
 The insurance coverage limits required in Section 4.4.1 of this RFB Document.
 The University of Wisconsin System location/Institution listed on the Certificate of Insurance.
 The Contract Number (PS-14-2267) listed on the Certificate of Insurance.
 Additional Insured Provision Requirement as documented in Section 4.4.1 must be named on the
Certificate of Insurance.
 Certificate of Insurance must be current and on file with the University of Wisconsin System
Administration Office of Procurement at all times during the life of the contract agreement.
 Any Certificate of Insurance received missing the above named components will place the contract in
breach and subject for termination.
4.4.3
Commercial General Liability
Commercial General Liability includes, but is not limited to consumption or use of products, existence of
equipment or machines on location and contractual obligations to customers. The contractor shall bear the full
and complete responsibility for all risk of loss of premises, or damage to equipment, products or money resulting
from any cause including that of sub-contractors and shall not penalize the University for any losses incurred
related to this contract.
4.4.4
Covenant requiring Notice
These policies shall contain a covenant requiring sixty (60) days written notice by the insurer to University of
Wisconsin System Office of Procurement, 780 Regent Street, Madison, WI 53715, before cancellation, reduction or
other modifications of coverage. The insurance certificate shall be for the initial contract period of one (1) year
and shall be extended by the contractor for each subsequent renewal period of the contract. The contractor shall
advise each insuring agency to automatically renew all policies and coverage in force at the start of and resulting
from this contract until specified coverage requirements are revised.
4.4.5
Evidence of New Insurance
In the event of non-renewal, cancellation or expiration of insurance, the contractor shall provide the University
evidence of the new source(s) of required insurance within twenty-one (21) calendar days after the University's
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RFB PS-14-2266
receipt of the sixty (60) day notice. In the event the contractor fails to maintain and keep in force the insurance
herein required, the University shall have the right to cancel and terminate the contract without notice.
4.4.6
University Right to Cancel
In the event the contractor fails to maintain and keep in force the insurance herein required, the University shall
have the right to cancel and terminate the contract without notice. The contractor shall advise each insuring
agency to automatically renew all policies and coverage in force at the start of and resulting from this contract
until specified coverage requirements are revised.
4.4.7
Provide Certificate of Insurance
Upon notification of award and prior to issuance of a contract, the contractor (vendor) shall provide the University
a Certificate of Insurance with the required kinds and limits of insurance issued by an insurance company licensed
to do business in the State of Wisconsin and signed by an authorized agent. Insurance requirements apply to all
sub-contractors.
4.4.8
Evidence of New Source(s) of Required Insurance
These policies shall contain a covenant requiring sixty (60) days written notice by the insurer to University of
Wisconsin System Office of Procurement, 780 Regent Street, Madison, WI, 53708, before cancellation, reduction
or other modifications of coverage. The contractor shall provide the University evidence of the new source(s) of
required insurance within twenty-one (21) calendar days after the University's receipt of the sixty (60) day notice.
The insurance certificate shall be for the initial contract period of one (1) year and shall be extended by the
contractor for each subsequent renewal period of the contract. The contractor shall advise each insuring agencies
to automatically renew all policies and coverage levels annually.
4.4.9
Contractor Agrees to Indemnify
The contractor agrees to indemnify, defend and hold harmless the Board of Regents of the University of Wisconsin
System, University of Wisconsin-Whitewater and their officers, employees and agents from and against any and all
claims, losses, liability, costs or expenses (hereinafter collectively referred to as "claims") occurring in connection
with or in any way incidental to or arising out of the occupancy, use, service, operations or performance of work in
connection with this contract, but only to the extent that such claims are caused by the negligence, misconduct or
other fault of the contractor, its agents, employees, subcontractors or contractors.
4.4.10 Risk of Damage or Loss
Commercial General Liability includes, but is not limited to: consumption or use of products, existence of
equipment or machines on location and contractual obligations to customers. The contractor shall bear the full
and complete responsibility for all risk of damage or loss of premises, equipment, products, or money resulting
from any cause including that of sub-contractors and shall not penalize the University for any losses incurred
related to this contract.
4.4.11 University Right to Cancel and Terminate
In the event the contractor fails to maintain and keep in force the insurance herein required, the University shall
have the right to cancel and terminate the contract without notice. The contractor shall advise each insuring
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RFB PS-14-2266
agency to automatically renew all policies and coverage in force at the start of and resulting from this contract
until specified coverage requirements are revised.
4.5 Items Relevant to Automated Teller Machine (ATM) Services
The contractor agrees that items relative to Automated Teller Machine (ATM) Services which are not covered
herein may be added to this bid and resulting contract by the University without voiding the provisions of the
existing contract. Additional services shall be furnished to the University by the contractor with additional
consideration as needed to make it legally enforceable. The University intends to acquire Automated Teller
Machine (ATM) Services exclusively from the contractor.
4.6 Terms and Obligations Applicable to Automated Teller Machine (ATM) Services
The terms and obligations of this contract shall be applicable to Automated Teller Machine (ATM) Services
operated at the University, including those locations leased by the University to tenants in which the specified
service shall be required. Lessors of space to the University may reserve the right to determine the extent that the
specified service shall be provided under this contract on their premises.
4.7 Performance Success Dependent on User Response
Recognizing that the successful performance of this contract is dependent on favorable response from the users,
the contractor shall meet regularly with the Executive Director of the University Center (Campus Contract
Administrator) or authorized student committees to effect adjustments in operations, and shall cooperate at all
times to maintain maximum efficiency and good public relations with students, faculty and staff.
4.8 Process to Adjust Terms
After the initial contract year, the parties upon mutual agreement may adjust the specific terms, commissions or
guarantees of this contract where circumstances beyond the control of either party require adjustments. All
adjustments shall be proposed in writing by the University to the System Office of Procurement for approval prior
to becoming effective. All required contract amendment(s) shall be issued by UWSA Office of Procurement.
4.9 Contract/Vendor Financial Responsibilities
The contractor shall be financially responsible for obtaining all required permits, licenses (including parking), and
bonds to comply with pertinent Board of Regents/University of Wisconsin System regulations, and municipal,
county, state and federal laws, and shall assume liability for all applicable taxes including but not restricted to sales
and property.
4.10
Contract/Vendor Required to Furnish
The contractor shall furnish all supplies, equipment, management and labor necessary for the efficient operation
of the specified services included in this contract, subsequent extensions and amendments.
4.11
Contractor/Supplier Use of Premises
The contractor shall occupy and use the premises, as defined by the University, only for Automated Teller Machine
(ATM) Services. The University shall not guarantee an uninterrupted supply of electricity or heat. The University
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RFB PS-14-2266
shall be diligent in restoring service following an interruption. The University shall not be liable for any loss which
may result from the interruption or failure of any such utility services.
4.12 University Right to Regulate and Access Automated Teller Machine (ATM) Service
Areas and Locations
The University shall have the right to make reasonable regulations on the method of service, opening and closing
hours, safety, sanitation, maintenance and use of Automated Teller Machine (ATM) Service areas and the
contractor agrees to comply with such regulations. Authorized representatives of the University shall have the full
right of access to all Automated Teller Machine (ATM) Service areas at any and all times.
5 Technical Requirements
5.1 Automated Teller Machine (ATM) Services Terms
Automated Teller Machine (ATM) Services Requirements:
5.1.1
Scope
The contractor shall furnish the services and requirements of this contract to University faculty, staff, students and
guests in accordance with the provisions embodied herein utilizing space and utility service in the space provided.
Automated Teller Machine (ATM) Services shall be available to all students, faculty, staff and visitors. It is
understood that the contractor has no control over any restrictions or limits that any individual financial institution
may impose upon any person having access to ATMs, including persons who would otherwise be considered
eligible users.
5.1.2
Schedule of Operation and Performance Review
On or about June 1 the contractor and the Campus Contract Administrator shall meet to establish, by mutual
agreement, a written schedule of hours and days of service for the coming academic year. Schedules for term
breaks and holidays shall be determined at the time the University finalizes its schedule for these periods.
Recognizing that the successful performance of this contract is dependent on favorable response from the users,
the contractor shall meet regularly with authorized student committees and /or the Campus Assistant Dean of
Administrative Services and Finance to review operations and make necessary adjustments. The contractor agrees
to maintain good public relations with students, faculty and staff.
5.1.3
Goods and Services
At the start of this contract, the Contractor shall provide Automated Teller Machine (ATM) Services typically
available from financial institutions.
The contractor agrees that items relative to Automated Teller Machine (ATM) Services which are not covered
herein may be added to this bid and resulting contract by the University without voiding the provisions of the
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RFB PS-14-2266
existing contract. Additional services shall be furnished to the University by the contractor with additional
consideration as needed to make it legally enforceable. The University intends to acquire Automated Teller
Machine (ATM) Service exclusively from the contractor.
The contractor shall be financially responsible for obtaining all required permits, licenses (including parking), and
bonds to comply with pertinent Board of Regents/University of Wisconsin System regulations, municipal, county,
state and federal laws, and shall assume liability for all applicable taxes including but not restricted to sales and
property.
Goods and Services will include:
The Automated Teller Machines (ATM) to be installed are to be certified by Pulse Corporation or other major
provider as approved by the University and handicapped accessible. “Full Service” machines shall provide banking
customers with at least the following bank services:









Cash withdrawal from Checking
Cash withdrawal from Savings Account
Cash advance from Credit Card
Transfer from Checking to Savings
Transfer from Savings to Checking
Payment to Credit Card or Loan
Balance Inquiry
Braille Keypad access
Envelope Deposits to Financial Institutions
“Limited Service” Automated Teller Machines (ATM) shall provide customers with at least the following bank
services:







5.1.4
Cash withdrawal from checking
Cash withdrawal from Savings Account
Cash Advance from Credit Card
Transfer from Checking to Savings
Transfer from Savings to Checking
Balance Inquiry
Braille Keypad Access
Automated Teller Machine (ATM) Networking
Each financial institution sharing the equipment shall determine the services available to its customers through the
machines according to each financial institution’s operating policies.
5.1.4.1 Equipment Sharing
The Contractor shall allow other financial institutions to use the Automated Teller Machine (ATM) to transact
business with their respective customers. The contractor may charge other institutions an appropriate fee for such
use. Equipment sharing arrangements and related fees shall be in compliance with the joint rules of the Office of
Commissioner of Banking and the Office of Commissioner of Savings and Loan under Section 221.04(1) (K)1 of the
statutes.
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RFB PS-14-2266
5.1.4.2 Multiple Financial Institution Access
It is the University’s desire to provide Automated Teller Machine (ATM) users access to several financial
institutions through a national Automated Teller Machine (ATM) network. Bidders shall state their affiliation(s) or
their intent to affiliate with networks as part of the bid submittal information.
5.1.5
Contractor Staffing
The office shall have sufficient staff to provide prompt and efficient services at competitive prices for similar
services and programs as available from other nearby community service offices. The quality of all such services
and programs shall be satisfactory to the University.
5.1.5.1 Contractor Contract Personnel
The Contractor shall provide headquarters management staff to review and inspect operations and fill staff
vacancies. The contractor shall appoint a Contract Administrator to consult with the University on current and
future Automated Teller Machine (ATM) programs and act with full authority on the contractors behalf in all
matters pertaining to contract requirements.
5.1.5.2 Personnel Relations
The Contractor shall be responsible for personnel relations of pay-rolled employees. The contractor shall comply
with all applicable government regulations related to the employment, compensation, and payment of personnel.
On-campus personnel of the contractor shall observe all regulations of the University.
5.1.5.3 Employee Identification
The Contractor shall provide employee identification which is mutually acceptable by the University.
5.1.5.4 Report of Child Abuse or Neglect
If, In the course of providing services to University of Wisconsin System Institutions, contractor (or its agent or
employee) observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse
or neglect, and the contractor (or its agent or employee) has reasonable cause to believe that child abuse or
neglect has occurred or will occur, contractor must make a report of that abuse or neglect to law enforcement or
to a county social service agency as provided in University of Wisconsin System Institution’s Child Abuse and
Neglect Policy. If the suspected child abuse or neglect involves University of Wisconsin System Institution, the
contractor shall also report that abuse to the University of Wisconsin System Institution Office of Equity and
Diversity.
5.1.6
Advertising and Promotion
The contractor shall provide and pay for merchandise, promotion and advertising. The University shall cooperate
by providing space for display and/or pickup of promotional materials. The University also agrees to include
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RFB PS-14-2266
information about Automated Teller Machine (ATM) Services, where appropriate, in its various brochures and
publications.
The contractor shall pay all costs of newspaper advertisements, brochure printing and similar publicity costs of
materials developed and mutually agreed upon. Posting or distribution of handbills or other printed matter in or
on the University building is subject to existing building rules and regulations.
The Contractor may not use the University of Wisconsin-Whitewater or UW-Whitewater logo or other UWWhitewater symbols in advertising its goods and/or services or in any way imply sponsorship of the contractor by
the University.
The Contractor agrees that use of the facilities does not in any way constitute an endorsement of Contractor’s
business by the University or the State. The Contractor agrees not to use promotional or marketing material which
state expressly or by fair implication that the University endorses either the Contractor or any sponsor of such
material.
Contractor agrees to work with the Campus Contract Administrator to provide access to Automated Teller
Machine (ATM) terminal Displays for in-house advertising messages. Contractor may at any time preempt these
messages to instruct eligible users on how to use Automated Teller Machine (ATM) equipment. No third party
advertising shall be allowed on any ATM covered under this contract. The Campus Contract Administrator shall
approve all advertising on the ATM terminal.
The University acknowledges that the Contractor has no control and is not responsible for any promotional
activities by other group financial institutions or firms. The University shall provide and assist the Contractor with
means of presenting promotional display information to eligible users on Automated Teller Machine (ATM)
equipment. Nothing herein shall limit the right of the Contractor, any financial institution, or network provider to
include the designation of Automated Teller Machine (ATM) equipment on any list of automatic banking facilities
distributed or published by such institution.
Equipment bearing UW-Whitewater marks, logos or other indicia of the UW-Whitewater must be purchased from
University licensees.
5.1.7
Contractor Operating Policies
The contractor shall keep the University apprised of operating policies, prices, activities, incidents and all other
information pertinent to an understanding of the activities of the Automated Teller Machine (ATM) Service.
5.1.8
Automated Teller Machine (ATM) Cards
The University shall not provide, design, issue, control and pay for the user identification transaction plastic cards
authorizing individual use of the Automated Teller Machine (ATM).
5.1.9
Eligible Users
The Automated Teller Machine (ATM) shall be available to all students, faculty, staff and visitors, hereinafter
referred to as “eligible users.” It is understood that the Contractor has no control over any restrictions or limits
that any individual financial institution may impose upon any person having access to the Automated Teller
Machine (ATM), including persons who would otherwise be considered eligible users.
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6 Equipment, Utilities and Space Use
Requirements for Equipment, Utilities and Space Use are as follows:
6.1 Space Use & Equipment
Automated Teller Machine (ATM) Placement (Space Use) and Equipment Requirements:
6.1.1
Automated Teller Machine (ATM) Equipment Location
The University requires Automated Teller Machine (ATM) equipment to be installed by the Contractor at the
University Center (2), Wells Hall (1-Cash Only), and Williams center (1-Cash Only). At regular intervals during the
duration of the contract the amount of required equipment shall be examined by the University and contractor
with the objective of providing the best possible service to the eligible users.
At the request of the successful bidder, and with the agreement of UW-Whitewater, a cash only ATM can be added
at other facilities on campus.
6.1.2
Age of Equipment
The Contractor may provide new or used equipment. Used equipment shall be reconditioned and refurbished to
act and appear like a new piece of equipment. Used equipment shall be inspected and approved by the University
before installation.
6.1.3
Automated Teller Machine (ATM) Ownership
Ownership of all Automated Teller Machine (ATM) equipment shall remain with the contractor. The University
agrees to take such measures as may be reasonably required, as defined by the University, for the protection
against loss by pilferage or destruction. Required equipment repair expense shall be the contractor’s.
6.1.4
Equipment Installation and Test Period
The equipment shall be placed, installed and maintained at the sole expense and risk of the Contractor. All
installation and altercations to the existing space, telephone or data infrastructure and facilities shall have prior
approval of the Campus Contract Administrator or designee. The Contractor shall assume the costs of decorating
the area including but not limited to painting, carpeting and wall coverings. After initial installations at the
beginning of the contract, the contractor shall assume the costs of any telephone or data infrastructure changes
required for ongoing operation of the equipment. Contractor shall provide installation requirements a minimum
of 30 days prior to installation. Requirements should be approved by UW-Whitewater prior to scheduling
installation. All installation requirements must be compliant with UW-Whitewater’s standards and policies for
utility and facilities maintenance.
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RFB PS-14-2266
6.1.5
Signage
The University shall permit the contractor to place an interior sign package identifying its operations near the
Automated Teller Machine (ATM) Location as the University shall determine to be reasonable. Exterior and
directional signs of such design and dimensions as the University and Contractor may mutually agree upon shall be
allowed to be maintained in the building and throughout the Campus for the Automated Teller Machine (ATM).
The University, without cost or expense to the University, will reasonably cooperate with the contractor in
obtaining all necessary approvals from third parties with respect to such signs. Nothing contained herein shall be
construed as requirement that the University surrender or compromise any of its existing exterior signs in order to
accommodate or gain approval for the contractor’s signs.
All attached signage, whether interior or exterior, must be approved by the University prior to installation and
conform in general to building décor and good safety practices.
6.1.6
Condition Upon Contract Termination
Upon termination or expiration of this contract, Contractor shall return the premises to the University in the same
condition that the premises were in at the time the contractor entered. Within fifteen (15) days from termination
of this contract, the Contractor shall have the right to remove furnishings, machinery and equipment placed in,
upon, or affixed to the premises by the Contractor. However, the Contractor shall at its expense, repair any
damage to the premises caused by the removal. The University, at its option, shall retain intact the lease hold
improvements, except the Automated Teller Machine (ATM) equipment and Identification sign, or require that the
contractor remove leasehold improvements within fifteen (15) days from termination.
6.1.7
Automated Teller Machine (ATM) Storage
Automated Teller Machine (ATM) equipment not removed from the University upon termination of this contract
after five days written notice to the contractor may be placed in storage by the University. The contractor shall
assume all costs of removal and storage as well as product and revenue loss.
6.2 Utilities
Utilities requirements are as follows:
6.2.1
Utility Supply and Source
At the initiation of the contract, the University shall bring the necessary utilities including electrical power to the
space. The contractor shall provide all communication lines, security and alarm circuits including necessary
conduits. The routing and installation of these circuits and conduit must be approved by the University. The
Contractor shall be responsible to actual communications utility costs on a monthly basis in addition to rent
payments and installation costs. The contractor shall also be responsible for facilitating installation and the cost of
telephone line installations(s) and/or data lines and hook-up to Automated Teller Machine (ATM) equipment. This
shall include alarm installations from the Automated Teller Machine (ATM) locations to the University alarm
system. Contractor shall provide installation requirements a minimum of 30 days prior to installation.
Requirements should be approved by UW-Whitewater prior to scheduling installation. All installation
requirements must be compliant with UW-Whitewater’s standards and policies for utility and facilities
maintenance.
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RFB PS-14-2266
6.2.2
Communications/Telephones
Telephone service and data connection circuits shall be available at the Contractor’s expense subject to availability
of circuits.
The contractor shall be responsible for facilitating and the cost of all Telephone or data line installation(s), and
hook-up to Automated Teller Machine (ATM) equipment and shall include alarm installation for the Automated
Teller Machine (ATM) location if required by the Contractor. Contractor shall pay for all local and long distance
Telephone and Internet charges. Data transmitted for machine operation may not be transmitted over UWWhitewater data infrastructure or through UW-Whitewater servers. Contractor shall provide installation
requirements a minimum of 30 days prior to installation. Requirements should be approved by UW-Whitewater
prior to scheduling installation. All installation requirements must be compliant with UW-Whitewater’s standards
and policies for utility and facilities maintenance.
6.2.3
Available Energy
The terms of utility supplies are subject to change by the University dependent upon availability of energy. If the
heating and air handling provided by the University is not sufficient to maintain adequate temperatures, it shall be
the responsibility of the Contractor to furnish and install the necessary equipment upon approval of the University.
6.2.4
Heat and Electricity Interruption
The University shall not guarantee an uninterrupted supply of electricity or heat except that it shall be diligent in
restoring service following an interruption. The University shall not be liable for any loss that may result from the
interruptions or failure of any such utility service.
6.3 Additional Equipment
The contractor shall be responsible for all costs connected with the provision and installation of additional
equipment. The Contractor shall exercise care to keep these additional requirements at a minimum and in
conformity with any Federal, State or University guidelines.
6.4 Facility Security/Locks/Keys
The contractor is responsible for control of keys obtained from the University and the security of those areas that
are used by its representatives. The University shall designate the person responsible for key issue and periodic
review of key control. The contractor shall immediately report all the facts relating to losses incurred, equipment
damaged or break-ins to their equipment or into areas of the University to this person. The Contractor shall not
duplicate keys provided by the University without approval of the University.
6.5 Lock Cylinder/Key Replacement
The University is responsible for the costs of re-keying and replacing lock cylinders, as determined by the
University. The contractor shall be responsible for replacement of lost keys and the cost of re-keying and
replacement of lock cylinders required as a result of its negligence and/or loss of keys.
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RFB PS-14-2266
6.6 Automated Teller Machine (ATM) Industry Improvements
Industry improvements on Automated Teller Machine (ATM) equipment occurring during the life of this contract
may be incorporated by the Contractor on the originally installed equipment and subsequent installations where it
is deemed feasible by the University and mutually agreed by the contractor. Such improvements may include the
ability for students to access information or make payments to the University via Automated Teller Machine (ATM)
or University Debit Card Use.
The Contractor shall keep the University informed of new industry security measures in use. The University may,
at its option, institute or execute new measures required to accomplish maximum property, product and revenue
security when presented in writing by Contractor.
6.7 Cash Handling
The Contractor agrees to provide appropriate safe-keeping for cash or cash-like items that remain overnight on the
premises and shall assume sole responsibility for protection against loss.
6.8 Sanitation/Pest Control/Custodial Service
The Contractor shall provide daily housekeeping and cleaning maintenance of the equipment and supplies for all
areas used by the Contractor. The University shall cooperate with the Contractor in the implementation of these
services. The University shall provide custodial services in public areas near and around the Automated Teller
Machines (ATM’s). The University shall provide custodial service on a schedule normally performed for like space.
The contractor shall clean and service the Automated Teller Machine (ATM) Equipment. This shall include floor
maintenance, trash removal, pest control, cleaning walls, ceilings, windows and drapes and replacement of lights.
6.9 Permits, Licenses, Operating Instructions
The contractor shall provide each Automated Teller Machine (ATM) location with operating instructions and
information on how malfunction reports may be made. The University shall approve the display of all required
permits, licenses, price regulation, or other information.
6.10
Preventive Maintenance Programs
The Contractor shall institute and maintain a program of preventative maintenance and regular replacement of
worn, damaged, or malfunctioning Automated Teller Machine (ATM) equipment.
6.11
Unanticipated Repairs
The Contractor shall provide Automated Teller Machine (ATM) maintenance and repair service from 7:00 a.m. to
6:00 p.m., Monday through Friday, excluding holidays. Repairs on weekends and holidays must be responded to
within twenty-four hours. In the event of a major failure or malfunction, when the equipment will be out of
service for more than twenty-four hours, the contractor shall install replacement equipment or obtain permission
from the Campus Contract Administrator to extend downtime and post notification of alternate ATMs.
6.12
Industry Improvements
Industry improvements on ATM equipment occurring during the life of this contract may be incorporated by the
contractor on the originally installed equipment and subsequent installations where it is deemed feasible by the
27
RFB PS-14-2266
University and mutually agreed by the contractor. Such improvements may include the ability for students to
access information or make payments to the New Security technology.
6.13
New Industry Security Measures
The Contractor shall keep the University informed of new industry security measures in use. The University may,
at its option, institute or execute new measures required to accomplish maximum property, product and revenue
security when presented in writing by the contractor.
7 Accounting And Payments
7.1 ATM Accounting
Contractor shall adhere to the following Automated Teller Machine (ATM) Accounting Requirements:
7.1.1
Record Retention
The Contractor shall maintain complete and accurate records of Automated Teller Machine (ATM) transactions for
each machine following accepted industry accounting practices. All financial records and statement of University
operations shall be retained for three years from the close of each year’s operation.
7.1.2
Transaction Definition
An Automated Teller Machine (ATM) transaction is defined as a single credit or debit of funds to cardholder’s
accounts. This includes cash advance from a credit card, payment to credit card or loan transfer of funds from one
account to another and other debit or credit transactions accepted and recorded by the national Automated Teller
Machine (ATM) network specified.
Under some circumstances, a balance inquiry may be defined as a transaction resulting from a card holder
requesting the balance in their account. The Contractor shall indicate if a balance inquiry is considered a
chargeable transaction.
7.1.3
Automated Teller Machine (ATM) Monthly Statement
The Contractor shall provide the University with a monthly statement showing the number of Automated Teller
Machine (ATM) transactions and commissions due per each Automated Teller Machine (ATM) for the month and
cumulative for the contract year. The Contractor shall provide a method to independently verify the transaction
counts each period to the satisfaction of the University. This method shall be developed jointly by the University
and the contractor and agreed to prior to the start of the contract. The explanation of transactions shall include
the commission check number and dollar amount.
7.1.4
Transaction Count Disclosure
The Contractor shall provide a method to independently verify the transaction counts each period to the
satisfaction of the University. This method shall be developed jointly by the University and the Contractor and
agreed to prior to the start of the contract. The Contractor shall not be required to verify transaction counts by
28
RFB PS-14-2266
any method which might result in the disclosure of confidential information to the University which is proprietary
to the contractor, any other financial institution, or group of financial institutions and would violate any applicable
law or regulation, including the joint rules of the Commissioner of Banking and the Commissioner of Savings and
Loan.
7.1.5
Malfunction Report
The contractor shall provide the University with a monthly report for each machine listing all system malfunctions.
This report shall list the date and time of each malfunction, the time of service restoration, and the nature of the
malfunction.
7.2 Payments
The Contractor shall adhere to the following Payment requirements:
7.2.1
Automated Teller Machine (ATM) Commission Payment
The Contractor shall pay the University the commissions for each month transaction count on or before the
th
twentieth (20 ) day of the month following the last day of the month in which the commissions were earned.
These payments shall be accompanied with a detailed explanation of transactions by location and extension of
commissions and an extension total of commissions due. Causes of abnormal numbers of transactions shall be
noted by the Contractor as part of these statements.
th
Commissions or guarantee payments not received by the University on the twentieth (20 ) day following the last
day of the period in which they were earned shall be paid by the contractor plus a minimum interest penalty on
the commissions due at the prevailing interest percentage and conditions the State of Wisconsin uses for
delinquent income tax. A summary of all commission payments and statements shall be sent to System Office of
th
Procurement by the Contractor by the twentieth (20 ) day following the quarter: June, September, December and
March.
7.2.2
Guarantee Payments
One year from the effective date of this contract and each successive full year after that, the contractor shall pay
the University that potion of commission due, if any, to equal the guaranteed annual commission per machine
th
required. Payment shall be made by the twentieth (20 ) day of the following accounting month and recorded as
commissions paid in the year the guarantee was due. On expiration or termination of this contract, partial year
guarantee maximum commission due, if any shall be calculated by prorating the guaranteed annual commission
over the number of months the contract is in effect.
7.2.3
Commission Paid Until Automated Teller Machine (ATM) is Removed
On contract expiration or termination, commissions due the University shall be paid on transactions until all
equipment has been removed. Removal dates shall be shown on the period statement, including equipment
removed any time during the contract.
7.3 Contractor Losses
All losses incurred by the contractor in the process of operation of On-Site Banking Services due to theft, fire,
accident, protest, etc., shall be the responsibility of the Contractor.
29
RFB PS-14-2266
7.4 Operating Profit or Loss
Any profit or loss from the operation of the service after direct costs, contractor’s management and administration
costs and rental payments to the University shall be the Contractors.
7.5 Audit
Any records pertaining to the operations of this service including ATM shall be open for inspection and/or audit by
the State and/or University of Wisconsin at any or all reasonable times.
Nothing in this contract shall be construed to require the Contractor to provide or perform any service or disclose
any information which is illegal or contrary to applicable law or regulation.
7.6 Automated Teller Machine (ATM) Statement Review
On request of the University the Contractor shall meet with the University and review each monthly statement,
explain deviations, discuss problems and mutually agree on courses of action to improve the results of the
required services included in this contract. Monthly statement adjustments required because of review and/or
audit shall be identified and reflected on the next monthly statement.
7.7 Reports
The Contractor requirements for reports are as follows:
7.7.1
Monthly Statements
The Contractor shall provide the campus contract administrator and the University of Wisconsin System
Administration Office of Procurement a monthly statement showing the number of transactions and commission
due for the Automated Teller Machine (ATM) for the month and the cumulative for the Contract Year.
The Statement for each period shall also include a summary page detailing the monthly commission distribution
payable to each Contract participant.
7.7.2
Report Format
Final Format for all reports will be mutually agreed upon by the Campus Contract Administrator and the
Contractor.
7.7.3
Statement Review
On request of the University the contractor shall meet with the University and review each monthly statement,
explain deviations, discuss problems, and mutually agree on courses of action to improve the results of the
required services included in this contract. Monthly statement adjustments required because of review and/or
audit shall be identified and reflected on the next monthly statement.
7.7.4
Audit
All records on the operations of this Automated Teller Machine (ATM) shall be open for inspection and /or audit by
the State and/or University of Wisconsin at any or all reasonable times. Nothing in this contract shall be construed
to require the Contractor to provide or perform any service or disclose any information which is illegal or contrary
to applicable law or regulation.
30
RFB PS-14-2266
31
RFB PS-14-2266
8 Bidder’s Qualifications and Information
Bidder’s Qualifications and Information Requirements:
The bidder shall furnish and include responses to each item 8.1 through 8.14 as part of the Bid Submittal.
Omission, inaccuracy or misstatement may be sufficient cause for rejection of the Bid Submission.
8.1 Purpose of invitation
It is the purpose of this invitation to bid to obtain as complete data as possible from each bidder to enable the
University to determine which bidder is best able to serve all of the criteria which are to be considered in the
award of the operation of Automated Teller Machine (ATM) Services. To this end, each bidder shall furnish as a
part of this bid a complete general description of experience in the field of Automated Teller Machine (ATM)
Service Operations.
From the total information required, determination shall be made of the bidder's demonstrated financial,
managerial and operational ability and resources to serve the University. Only bids from financially responsible
organizations or individuals, as determined by the University, presently engaged in University Automated Teller
Machine (ATM) Services which have the capability to perform as specified and provide good services shall be
considered. Representatives from the University reserve the right to inspect the bidder's facilities and other
operations under the contractor's management prior to award of this bid.
Bidders shall provide a written response to all required Bidder's Information. Each response shall be numbered to
coincide with the Bidder's Information numbering and presented in the sequence listed. The Bidder's Information
should be prepared simply and economically, providing a straightforward, concise description of that which is
required. Emphasis should be on completeness and clarity of content. Elaborate Marketing materials are not
desired.
The qualification criteria the bidders must meet to be considered for an award are:
 The contractor must currently own an Automated Teller Machine (ATM) Service and must have owned and
operated an Automated Teller Machine (ATM) Service business a minimum of five (5) years.
 Reference checks from a minimum of three (3) clients currently under contract with your company must
indicate high quality of service has been performed consistently.
 Financial capability of the contractor must be sufficient to support the specified service; provide initial
inventories, equipment and labor and cash flow to guarantee performance.
 The contractor's response must clearly demonstrate the capacity to handle the requirements of this contract
in addition to current workloads.
 Management qualifications and staffing requirements for this contract are satisfactory.
 Statements are required to be complete and accurate. Omission, inaccuracy or misstatement may be
sufficient cause for rejection of bid.
8.2 Name and Address
Name and address of operating company and list of all the owners of the company or principles of the corporation.
32
RFB PS-14-2266
8.3 Extent of Experience in Automated Teller Machine (ATM) Service Operations
Explain your company’s duration and extent of experience in the operation of On-Site Banking and ATM Services.
Explain in detail.
8.4 List Operations of Similar Complexity
A list of operations of similar complexity (may be a list of a number of accounts) where you are, or have within the
last year, owned or provided the specified service. Give length of time at each account, name, address and phone
number of contact person of each operation. The list shall include a minimum of three (3) similar operations
8.5 Provide Operating Statement or Annual Report
Please provide a complete operating statement or annual report as of your last fiscal year of operations.
Certification of this report by a Certified Public Accountant may be required.
8.6 Description of Services and Equipment
Please provide a complete description of services your company will provide to the University. Describe the
Automated Teller Machine (ATM) equipment to be used in providing Automated Teller Machine (ATM) Service
including manufacturer’s name and model number (attach brochures, pictures, etc., which fully describe the
equipment and service capabilities including type of card reader, transaction speed, security and other
performance feature characteristics).
8.7 Operating Locations
Provide a list of locations where the equipment described in 8.6 above has been operating live in shared mode for
at least thirty (30) days.
8.8 Advertising and Promotions
Please provide sample copies of promotional and advertising literature to be used.
8.9 Network Affiliations
Describe your current Automated Teller Machine (ATM) Network Affiliation(s).
8.10
Recording, Checking and Reporting
Provide a description of your method of recording, checking and reporting transactions.
8.11
Equipment Replacement and Preventative Maintenance
Describe in detail your program of preventative maintenance and regular replacement of worn and/or
malfunctioning equipment. Describe whether maintenance and programming are located in-house or are
subcontracted.
8.12
Inquiry Transaction
Indicate if a balance inquiry transaction is considered chargeable transaction.
33
RFB PS-14-2266
8.13
Malfunction Reporting
Describe the desired Malfunction Reporting frequency.
8.14
Other Information
Please provide other Information as the bidder deems pertinent for consideration by the University.
34
RFB PS-14-2266
9 Bid Submittal Form for Automated Teller Machine (ATM) Services
Subject: Automated Teller Machine (ATM) Services for the University of Wisconsin-Whitewater.
We, the undersigned, in compliance with the Request for Bid No. PS-14-2266 for Automated Teller Machine (ATM)
Services dated February 21, 2014 hereby bid the following commission and guarantee to the University of
Wisconsin-Whitewater for Automated Teller Machine (ATM) Services as follows: (In making these bids we
acknowledge that we have read and understood this Request for Bid (RFB) and hereby submit our bid in
accordance with the terms and conditions of the bid specifications and agree to fulfill our legal obligations
pursuant to the attached contractual provisions.)
9.1 Commission per Automated Teller Machine (ATM) Transaction
The undersigned agrees to pay a composite commission per ATM transaction of $___________________________
($__________________) or maximum Guarantee commission of thirteen thousand dollars $13,000.00, whichever
is greater.
The Contractor, at its option, may elect to quote a lower maximum annual guarantee of ______________________
dollars, ($______________________________).
9.2 Automated Teller Machine (ATM) Surcharge
The undersigned proposes to charge the following surcharge per ATM user transaction of
$___________________________($__________________).
35
RFB PS-14-2266
THE BELOW ADDENDA HAVE BEEN RECEIVED AND CONSIDERED IN PREPARATION OF THIS BID. PLEASE
COMPLETE THE ACKNOWLEDGMENT BY SIGNING AND INSERTING THE DATE OF THE ADDENDA.
WE ACKNOWLEDGE:
ADDENDUM #1
DATE _________
ADDENDUM #2
DATE _________
SIGNED ___________________________________________
TITLE _____________________________________________
FIRM ______________________________________________
ADDRESS __________________________________________
CITY ______________________________________________
STATE
ZIP ______________________________
TELEPHONE _______________________________________
FAX _______________________________________________
Email ______________________________________________
Fein ______________________________________________
36
RFB PS-14-2266
10 Standard Terms and Conditions
Standard Terms and Conditions Form displayed on pages 37 & 40 of this document. (below)
37
Wisconsin Department of Administration
Chs. 16, 19, 51
DOA-3054 (R10/2005)
Page 1 of 3
Standard Terms And Conditions
(Request For Bids / Proposals)
1.0
2.0
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.
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
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.
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.
3.0
7.0
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.
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
A good faith dispute creates an exception to prompt
payment.
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.
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.
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).
38
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
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
Wisconsin Department of Administration
Chs. 16, 19, 51
DOA-3054 (R10/2005)
Page 1 of 3
Standard Terms And Conditions
(Request For Bids / Proposals)
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.
15.0
APPLICABLE LAW AND COMPLIANCE: 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 nonprocurement contracts.
16.0
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.
17.0
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 State of
Wisconsin.
18.0
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.
19.0
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.
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 awarded, the contractor must submit
39
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.
Wisconsin Department of Administration
Chs. 16, 19, 51
DOA-3054 (R10/2005)
Page 1 of 3
Standard Terms And Conditions
(Request For Bids / Proposals)
24.0
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.
29.0
RECYCLED MATERIALS: The State of Wisconsin is
required to purchase products incorporating recycled
materials whenever technically and economically feasible.
Bidders are encouraged to bid products with recycled
content which meet specifications.
25.0
VENDOR TAX DELINQUENCY: Vendors who have a
delinquent Wisconsin tax liability may have their payments
offset by the State of Wisconsin.
30.0
26.0
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.
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 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 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) 261-7577.
34.0
WORK CENTER PROGRAM:
The successful
bidder/proposer shall agree to implement processes that
allow the State agencies, including the University of
Wisconsin System, to satisfy the State's obligation to
purchase goods and services produced by work centers
certified under the State Use Law, s.16.752, Wis. Stat.
This shall result in requiring the successful
bidder/proposer to include products provided by work
centers in its catalog for State agencies and campuses or
to block the sale of comparable items to State agencies
and campuses.
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
University of Wisconsin faculty/staff are subject to
separate disclosure requirements, s. 16.417, Wis. Stats.
40
PS-14-2267
11 Exhibit A: Institution Specific Business Requirements
EXHIBIT A
INSTITUTION SPECIFIC BUSINESS REQUIREMENTS
APPENDIX I
UNIVERSITY OF WISCONSIN – WHITEWATER
Potential bidders of this contract shall be provided the following pertinent information by the University
along with the specifications of this bid. The information is for the most recent and complete fiscal year.
Projections may be used where necessary.
1.
Estimated University Population
a. Student Head Count Information:
86% full-time, 14% part-time students.
Student Head Count
2012-2013 Academic Year
First Semester
12031
Second Semester
11058
Summer Session
3416
2013-2014 Academic Year
12015
b. Faculty & Staff Head Count
Faculty & Staff Head Count
2012-2013 Academic Year
Estimate 2013-2014 Academic
Year
First Semester
1269
139
Second Semester
1317
1335
Summer Session
926
950
2.
Transactions: January 2013 – December 2013:
3. Location :
41
PS-14-2267
Location
Number of Transactions
by Location 2011-2012
Estimated Number
of Transactions by
Location
Estimated Number of
Transactions by
Location
2012-2013
2013-2014
University Center
20595
21901
10622
Williams Center
7481
8235
3526
Wells Hall
18048
16390
7641
4. The University estimates the year transactions for the Automated Teller Machines (ATM) combined to
be 4000-4200 per Year This estimate shall be used as part of the bid evaluation.
5. Fees and permits for campus parking is currently $125 per vehicle per year.
6. Current commissions as follows: $13,000 per year, paid annually at the start of the contract year.
42
PS-14-2267
12 Vendor Information – DOA 3477
VENDOR INFORMATION
1. Proposing Company Name:
Fein:
Fax:
Phone:
Toll Free Phone:
Address:
City:
State:
Zip:
2. Name of person we may contact in the event there are questions about your Proposal.
Name:
Title:
Phone:
Toll Free Phone:
Fax:
Address:
3. Vendor that is awarded this contract will be required to submit affirmative action information
to the University. Please name the person in your company we may contact about this plan.
Name:
Title:
Phone:
Toll Free Phone:
Fax:
Address:
4. Mailing address where state purchase orders are to be mailed.
Name:
Title:
Phone:
Toll Free Phone:
Fax:
Address:
RETURN THIS PAGE WITH PROPOSAL
43
PS-14-2267
13 Vendor Client Reference - DOA 3478
Vendor Client Reference
Company 1 Name:
Address (include Zip + 4):
Contact Person:
Phone No.:
Products and/or Services used:
Email:
Company 2 Name:
Address (include Zip + 4):
Contact Person:
Phone No.:
Products and/or Services used:
Email:
Company 3 Name:
Address (include Zip + 4):
Contact Person:
Phone No.:
Products and/or Services used:
Company 4 Name:
Email:
Address (include Zip + 4):
Contact Person:
Phone No.:
Products and/or Services used:
Email:
RETURN THIS PAGE WITH PROPOSAL
44
PS-14-2267
14 Bank Reference
Bank Reference
Bank 1 Name:
Address (include Zip + 4):
Contact Person:
Phone No.:
Products and/or Services used:
Bank 2 Name:
Address (include Zip + 4):
Contact Person:
Phone No.:
Products and/or Services used:
Bank 3 Name:
Address (include Zip + 4):
Contact Person:
Phone No.:
Products and/or Services used:
Bank 4 Name:
Address (include Zip + 4):
Contact Person:
Phone No.:
Products and/or Services used:
RETURN THIS PAGE WITH PROPOSAL
45
PS-14-2267
15 Terms and Conditions
TERMS AND CONDITIONS
If awarded this PROPOSAL, we agree to all the terms and conditions of this PROPOSAL (including all
attachments), PROPOSAL addenda and revisions, and the Proposal of the successful Proposer, and
additional terms agreed to, in writing, by the agency and the contractor shall become part of the
contract. I understand that failure to accept and carry out this contractual agreement in its entirety
may result in a cancellation of award.
Proposer:
By:
Printed Name:
Title:
Date:
16
Proposer Information
Proposer Information
Contractor:
Ordering/Expediting:
Invoice Information:
Contract Renewal/Cancellation:
Contract Problems:
Returns:
Phone No.:
Fax No.:
RETURN THIS PAGE WITH PROPOSAL
46
PS-14-2267
17 Designation of Confidential and Proprietary Information DOA 3027
DESIGNATION OF CONFIDENTIAL AND PROPIETARY INFORMATION
THE ATTACHED MATERIAL SUBMITTED IN RESPONSE TO Proposal No. PS-13-2329 includes proprietary and
confidential information which qualifies as trade secret, as provided in Section 19.36(5), Wis. Stats., or is otherwise
material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages,
as indicated below, of this Proposal/Proposal Response be treated as confidential material and not be released
without our written approval. We request that the following pages not be released:
Section
Page#
Topic
IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE
UNDERSIGNED HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSSARY ASSISTANCE TO
DEFEND THE DESIGNATION OF CONFIDENTIALITY.
This does not apply to Proposal or Proposal prices. Prices are always open. Other information usually cannot be
kept confidential unless it is a trade secret. Trade secret is defined in s.134.90(1)(c), Wis. Stats. As follows: “Trade
secret” means information, including a formula, pattern, compilation, program, device, method, technique or
process to which all of the following apply: 1. The information derives independent economic value, actual or
potential, from not being generally known to, and not being readily ascertainable by proper means by, other
persons who can obtain economic value from its disclosure or use. 2. The information is the subject of efforts to
maintain its secrecy that are reasonable under the circumstances. Failure to include this form in the
Proposal/Proposal Response may mean that all information provided as part of the Proposal response will be open
to examination and copying. The state considers other markings of confidential in the Proposal document to be
insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of any
materials unless they are specifically identified above.
Name Authorized Representative
Company Name
Signature Authorized Representative
Date
RETURN THIS PAGE WITH PROPOSAL
47
PS-14-2267
18 Affidavit
University of Wisconsin System
780 Regent Street
Madison, WI 53715
This completed affidavit must be submitted with the bid/proposal.
Proposer Preference: Please indicate below if claiming a proposer preference:
☐
Minority Business Preference (§ 16.75(3m), Wis. Stats.) – Must be certified by the Wisconsin Department of
Administration. If you have questions concerning the certification process, contact the Department of
th
Administration, 101 E Wilson St, 6 floor, PO Box 7970, Madison, WI, 53707 or (608) 267-9550.
☐
Work Center Preference (§ 16.752, Wis Stats.) Must be certified by the State of Wisconsin Use Board. If
you have questions concerning the certification process, contact the Wisconsin State Use Board, 101 East
th
Wilson St, 6 floor, PO Box 7867, Madison WI, 53707 or (608) 266-2553
American-Made Materials: The materials covered in our 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
☐ N/A (Does not apply)
Services Performed in the United States (2009 Wis Act 136): All services provided to the University of
Wisconsin System or any of its campuses under this proposal will be performed in the United States.
☐ Yes
☐ No
☐ N/A (Does not apply)
Non-Collusion: In signing this proposal 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 trade; that no attempt has been
made to induce any other person or firm to submit or not to submit a proposal; that this proposal has been independently
arrived at without collusion with any other proposer, competitor, or potential competitor; that this proposal has not been
knowingly disclosed prior to opening of proposals to any other proposer 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 of Wisconsin in this Announcement of
Bid/Proposal and the terms of our Bid/Proposal.
Authorized Representative:
Title:
(Type or Print)
Authorized Representative:
Date:
(Signature)
Company Name:
Telephone:
48
PS-14-2267
19 Checklist
PS-14-2581
Bid Submittal Checklist
Bid Submittal Forms (Section 9.0)
Section 9.0 Bid Submittal Form for Automated Teller Machine Services (ATM) – Page 35-36
Section 9.1 Commission per ATM Transaction – Page 35-36
Section 9.2 ATM Surcharge – Page 35-36
Required Documentation & Forms to be Submitted along with Bid Submittal
Forms Section 9.0:
DOA-3261 Form – Page 2
Section 8.0 Bidder’s Qualifications and Information. Written Response to Item No. 8.1 through 8.14.
Page 32-34
Section 12 Vendor Information DOA 3477 - Page 43
Section 13 Vendor Client Reference DOA 3478 – Page 44
Section 14 Bank Reference – Page 45
Section 15 Terms and Conditions – Page 46
Section 16 Proposer’s Information – Page 46
Section 17 Designation of Confidential and Proprietary Information DOA-3027 – Page 47
Section 18 Affidavit – Page 48
Note: This checklist is to help proposers ensure their submittal packet is complete. This
sheet does not need to be returned as part of the proposal submittal.
49
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