VENDOR NET TRANSMISSION COVER LETTER

VENDOR NET TRANSMISSION COVER LETTER
VENDOR NET TRANSMISSION COVER LETTER
DATE:
August 13, 2009
When using Vendor Net, you may submit your bid through one of the following options: U.S. mail, handdelivery, fax or e-mail. Refer to “SUBMITTAL INSTRUCTIONS”. Regardless of the option used, your bid
must be received and time stamped in by Purchasing Services, 21 N Park St, Suite 6101, Madison, WI
53715-1218, prior to 2:00 PM on the bid due date to be considered on time. Bids not so stamped shall be
considered late. Late bids shall be rejected.
If you have any questions concerning these instructions, please contact the University of WisconsinMadison Purchasing Services (Bid Processing) at (608) 262-0059.
PURCHASING SERVICES
University of Wisconsin-Madison  21 N Park St, Suite 6101 Madison, WI 53715-1218
608/262-0059  (Fax) 608/262-4467  www.bussvc.wisc.edu  [email protected]
RETURN TO: University of Wisconsin-Madison
Purchasing Services
21 N Park St, Suite 6101
Madison, WI 53715-1218
Refer to Section 1 titled “SUBMITTAL INSTRUCTIONS”.
REQUEST FOR BID
All correspondence must reference the bid number.
THIS IS NOT AN ORDER
Unless otherwise noted, public openings will be on the date
and time specified. Award(s), if any, will be made as soon
thereafter as possible.
The bid abstract will be on file and is open to public inspection
only after award determination has been made.
OFFICIAL SEALED
BID NUMBER: 10-0023
AGENT: Jeff Whitman at (608) 262-6120
ISSUE DATE:
08/13/09
FAX NUMBER: (608) 262-4467
DUE DATE:
08/27/09
2:00 PM CDT
_________________________________________________
Bid prices and terms shall be firm for a minimum of sixty (60)
days from the date of bid opening, unless otherwise specified
in this Request for Bid or negotiated by the UW-Madison
Purchasing Services.
E MAIL: [email protected]
If NO BID (check here)
and return.
DESCRIPTION
The University of Wisconsin-Madison Purchasing Services Department (Purchasing) requests bids for
Cryocooler
in accordance with the attached in this order: Special Conditions of Bid, Bidder Response Sheet,
Specifications, Itemized Bid List, Client Reference List, Bidder Information Sheet, Supplier Diversity,
Minority Business Enterprise (MBE) Program Commitment and Standard Terms and Conditions.
Questions regarding this bid will be answered by the following:
ADMINISTRATIVE: Jeff Whitman at (608) 262-6120 [email protected]
TECHNICAL: Franklin Miller at (608) 263-2479 [email protected]
In signing this bid, we have read and fully understand and agree to all terms, conditions and specifications and acknowledge that the
UW-Madison Purchasing Services bid document on file shall be the controlling document for any resulting contract. We certify that
we have not, either directly or indirectly, entered into any contract or participated in any collusion or otherwise taken any action in
restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that
this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has
not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the stated statement is accurate
under penalty of perjury.
COMPANY NAME: _________________________________________________________________________________________________
SIGNATURE: _____________________________________________________________________________DATE ____________________
TYPE OR PRINT NAME: _____________________________________________________________________________________________
TITLE: _______________________________________________________ TELEPHONE NUMBER: (_______) _____________________
FEIN NUMBER: _________________________________
FAX NUMBER:
(_______) _____________ ________
EMAIL ADDRESS: __________________________________________________________________________________________________
UNIVERSITY OF WISCONSIN
BID NO.: 10-0023
TABLE OF CONTENTS
SECTION #1: SUBMITTAL INSTRUCTIONS
PAGE
1-2
SECTION #2: GENERAL INFORMATION
2.1 Purpose
2.2 Definitions
2.3 Affirmative Action
2.4 Wisconsin Sales and Use Tax Registration
2.5 VendorNet
2.6 Campus Delivery Requirements
2.7 Parking
2.8 Smoke-Free Environment
2.9 Promotional Materials/Endorsements
2.10 Energy Star
3-4
SECTION #3: RFB PROCESS INSTRUCTIONS
3.1 Clarifications and/or Revisions through Designated Contact
3.2 Applicable Dates
3.3 Conflict of Interest
3.4 Oral Presentations and Site Visits
3.5 Proprietary Information
3.6 Reasonable Accommodations
3.7 Method of Bid
3.8 Method of Award
3.9 Acceptance and Testing
3.10 Minority Business Enterprise (MBE) Preference
5-6
SECTION #4: BIDDER QUALIFICATIONS
4.1 Bidder Contact Information
4.2 Bidder Experience
4.3 Authorization
4.4 Client List/References
4.5 Fair Price Analysis
7
SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS
5.1 F.O.B. Destination, Freight Prepaid and Allowed –AND5.1 On Site Service
5.2 Timeliness of Delivery
5.3 Invoice Payment
5.4 Shipments, Duplicates and Overshipments
5.5 Insurance
8
SECTION #6: SPECIFICATIONS
6.1 Warranty
6.2 Maintenance and Repair
6.4 Response Time
6.5 Subcontracting
6.6 Employee Identification
6.7 Cables
6.8 Third Party Financing
6.9 Environmentally Friendly (“Green”) Product
9-10
ATTACHMENT A BIDDER RESPONSE SHEET
ATTACHMENT B SPECIFICATIONS
ATTACHMENT C ITEMIZED BID LIST
ATTACHMENT D CLIENT REFERENCE LIST
ATTACHMENT E BIDDER INFORMATION SHEET
ATTACHMENT F SUPPLIER DIVERSITY, MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM COMMITMENT
ATTACHMENT G STANDARD TERMS AND CONDITIONS
11-13
14
15
16
17
18
19-22
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 10-0023
PAGE 1 OF 22
INTRODUCTION
SECTION #1: SUBMITTAL INSTRUCTIONS
A completed and signed bid response must be received and date/time stamped in by UW-Madison Purchasing
Services prior to 2:00 p.m. CDT on the stated bid due date to be considered. Bids not so date/time stamped shall
be considered late. Late bids shall be rejected. You have been supplied with a pre-addressed return label.
Please fill in your vendor name and address on the return label to help us identify this bid response. Please use
one of the options below for return of your bid.
MAILING:
Original and one (1) copy of mailed bids must be received and date/time stamped at Purchasing Services, 21 N.
Park Street, Suite 6101, Madison, WI 53715-1218, prior to 2:00 p.m. CDT on the stated bid due date.
HAND DELIVERY:
Original and one (1) copy of hand-delivered bids may be delivered by vendor or third-party/courier service. Bids
must be received and date/time stamped at Purchasing Services, 21 N. Park Street, Suite 6101, Madison, WI
53715-1218, prior to 2:00 p.m. CDT on the stated bid due date.
FAXING:
Faxed bids: A complete copy of the entire response must be completely transmitted and received and
date/time stamped at Purchasing Services prior to 2:00 p.m. CDT on the stated bid due date.
FAX: (608) 262-4467 (AVAILABLE 24 HOURS A DAY).
E-MAILING:
E-mailed bids: A complete copy of the entire response must be received and be available for printing or
processing prior to 2:00 p.m. CDT on the stated bid due date via e-mail to: [email protected] Submitting a
bid to any other e-mail address than [email protected] does not constitute receipt of a valid bid by
Purchasing Services.
Proof of transmission doesn't constitute proof of receipt. In addition, the REQUEST FOR BID form (cover page)
must be signed and returned via mail or fax (608-262-4467) within one (1) business day after the bid due date.
RETURN ADDRESS LABEL:

OFFICIAL SEALED
NUMBER: 10-0023
DUE DATE: 08/27/09
TIME: 2:00 PM CDT
INSERT
VENDOR NAME HERE: ______________________________________
ADDRESS: ________________________________________________
________________________________________________
________________________________________________
UNIVERSITY OF WISCONSIN-MADISON
PURCHASING SERVICES
21 N PARK ST, SUITE 6101
MADISON, WI 53715-1218
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
1.1
BID RESPONSE REQUIREMENTS:
In order for your bid to be considered, the following forms/information must be completed and submitted as
part of your bid response. Failure to provide these forms/information with your bid submittal may disqualify
your bid.
1.
2.
3.
4.
5.
6.
7.
8.
1.2
BID NO.: 10-0023
PAGE 2 OF 22
Request for Bid Form
Bidder Response Sheet (including attachments as requested on Bidder Response Sheet)
(Attachment A)
Specifications, descriptive brochure and detail for the item(s) bid (Section 6) (Attachment B)
Itemized Bid List (Attachment C)
Client Reference List (Attachment D)
Bidder Information Sheet (Attachment E)
Supplier Diversity, Minority Business Enterprise (MBE) Program Commitment (Attachment F)
Standard Terms and Conditions (Attachment G)
PLEASE SEND TWO (2) COMPLETE SETS OF YOUR BID (If faxing or e-mailing your bid, one copy is
sufficient – do not submit twice).
RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 10-0023
PAGE 3 OF 22
SECTION #2: GENERAL INFORMATION
2.1
Purpose:
The University of Wisconsin-Madison, hereinafter referred to as the "University", through its Purchasing
Services Department, hereinafter referred to as "Purchasing," on behalf of Mechanical Engineering hereinafter
referred to as “Engineering” requests bids for the purchase of a Cryocooler.
Scope:
The estimated item quantities identified on the "ITEMIZED BID LIST" are for bid purposes only. The University
does not guarantee to purchase any specific quantity or dollar amount.
Conditions of bid which include the word “must” or “shall” describe a mandatory requirement. All specifications
are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a
given specification, condition of bid or provide a specific item/service on the Itemized Bid List, Purchasing
reserves the right to delete that specification, condition of bid or item without having to complete the bid process
again. FAILURE TO MEET A MANDATORY REQUIREMENT SHALL DISQUALIFY YOUR BID. This
contract bid document and the awarded bidder’s (Contractor’s) response information shall become the
Contract.
See SPECIFICATIONS and/or ITEMIZED BID LIST for the minimum acceptable specifications for items/services
desired. If you are bidding an alternate item, please provide complete specifications, documents and materials
showing performance features and details for the items/services you propose to furnish for the items being bid.
For alternate items being bid, the Bidder must clearly identify by manufacturer’s name, catalog and model
number. See “Standard Terms and Conditions,” items 1, 2, 3, and 5.1.
Revisions to this bid may be made only by an official written amendment issued by Purchasing.
2.2
Definitions:
The following definitions are used throughout the Special Conditions of Bid:
Agent means UW Madison Purchasing Services person responsible for this Request for Bid.
Bidder means a firm submitting a bid in response to this Request for Bid
Contractor means successful Bidder awarded the bid.
Department means UW-Madison Department of Mechanical Engineering.
MBE means Minority Business Enterprise.
RFB means Request for Bid.
State means State of Wisconsin.
University means University of Wisconsin-Madison.
2.3
Affirmative Action:
As a State agency, the University requires contractors issued any purchase order exceeding $25,000.00 to
provide an Affirmative Action Plan. Failure to comply appropriately with these requirements may lead to your
company being banned from doing business with any agency of the State of Wisconsin. Additionally,
failure to comply with this requirement may result in termination of this contract and withholding of payment. On
the Bidder Response Sheet please provide the requested information.
For additional information see section 17.0 of the Standard Terms and Conditions
(http://www.bussvc.wisc.edu/purch/stdterms1.html). Some exceptions may apply. FAQ info is available at:
http://www.bussvc.wisc.edu/purch/VendorInfo/AffAction/AffirActionInfo.html. Instructions for completing a plan
are available upon request.
2.4
Wisconsin Sales and Use Tax Registration:
No award can be made to a vendor who is not in compliance with Sec. 77.66 of the Wisconsin State Statutes
(vendornet.state.wi.us/vendornet/wocc/certtax.asp) relating to sales and use tax certification.
If you have not established a certification for Collection of Sale and Use Tax status with the Wisconsin
Department of Revenue, the University and any other state agency can not issue any purchase orders to your
firm. For additional information see http://www.dor.state.wi.us/html/vendlaw.html
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
2.5
BID NO.: 10-0023
PAGE 4 OF 22
VendorNet:
The State of Wisconsin has implemented a web-based registration system called “VendorNet” to enable
registered vendors to receive notice of all Official Sealed Bids/Request for Proposals (over $25,000.00) as
solicited by all state agencies.
To obtain information on the state’s bidder registration, please visit the VendorNet Web site at
http://vendornet.state.wi.us or call the VendorNet Information Center (1-800-482-7813). In the Madison area,
please call 264-7898.
2.6
Campus Delivery Requirements:
2.6.1 Delivery of orders shall be made to University departments five days per week, Monday through Friday,
during normal University business hours.
2.6.2 The University of Wisconsin-Madison no longer permits access to trucks over 30 ft. in length on several
designated streets on this campus. The exceptions are trucks necessary for the delivery or pick up of
perishable commodities, private construction vehicles, vehicles carrying radioactive materials, and campus
service vehicles. For specific policy language, a campus map and restrictions, see the University
Transportation Services website at http://www2.fpm.wisc.edu/trans/policy_large_truck.asp
2.6.3 This contract requires that Contractor deliver goods to the stated delivery address in accordance with the
30’ truck policy referenced in section 2.6.2 above. Any unique delivery arrangements must be preapproved by contacting the ordering department or Material Distribution Services (MDS) at (608) 4974400. MDS reserves the right to charge Contractor reasonable material handling fees for any deliveries
they make for the Contractor.
2.7
Parking:
University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own
arrangements for parking through UW Transportation Services at 610 N. Walnut Street, WARF Building Room
#120, Madison, WI 53726 (608) 263-6667. No additional Contractor costs will be allowed for parking fees or
violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed
and/or towed.
2.8
Smoke-Free Environment:
All University buildings are smoke-free buildings.
2.9
Promotional Materials/Endorsements:
Contractor agrees that they will not use any promotional or marketing material which states expressly or implies
that the University endorses either the Contractor or any party related to the Contractor or this Contract.
2.10
Energy Star:
The State encourages the use of equipment which meets the Environmental Protection Agency (EPA) Energy
Star™ requirements. The Energy Star Program is a voluntary contract between an Original Equipment
Manufacturer (OEM) and the EPA. It is not mandatory that every device offered under this bid meet Energy
Star requirements but the bulk of the product line should be energy efficient. Bidder should identify those items
which meet the Energy Star requirements on the Bidder Response Sheet.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 10-0023
PAGE 5 OF 22
SECTION #3: RFB PROCESS INSTRUCTIONS
3.1
Clarifications and/or Revisions through Designated Contact:
All communications and/or questions in regard to this request should be in writing and bidders are encouraged
to FAX or e-mail written questions to the Agent. Verbal questions, when permitted, must be directed to Jeff
Whitman at (608) 262-6120.
If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this
RFB, they have five (5) business days after the bid issue date and time to notify, in writing, Jeff Whitman at the
address shown below of such error and request modification or clarification of the RFB document. All written
questions will be responded to in writing and provided to all bidders.
Jeff Whitman
UW Purchasing
21 N Park St, Suite 6101
Madison, WI 53715-1218
E-mail: [email protected]
PHONE 608/262-6120 -- FAX 608/262-4467
If a Bidder fails to notify the Purchasing Office of an error in the RFB document which is known to the Bidder, or
which should have reasonably been known to the Bidder, then the Bidder shall submit a bid response at the
Bidder’s risk and if awarded a contract, shall not be entitled to additional compensation or delivery or installation
time by reason of the error or its later correction.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of
this RFB, amendments and revisions will be provided to all recipients of this initial RFB.
3.2
Applicable Dates:
Date
Event
August 13, 2009
Date of Issue of the RFB
August 20, 2009
Written questions due
August 27, 2009 -- 2:00 PM CDT
RFB Due Date (Local Madison Time)
3.3
Conflict of Interest:
By submitting a bid, the bidder certifies that no relationship exists between the bidder and the University that
interferes with fair competition or is a Conflict of Interest, and no relationship exists between such bidder and
another person or firm that constitutes a Conflict of Interest.
3.4
Oral Presentations and Site Visits:
The University, at its sole discretion, may require oral presentations and/or vendor location site visits to
supplement the bids. Failure of a bidder to conduct a presentation on the date scheduled or allow an onsite/vendor site visit may result in rejection of the bid. Oral presentations cannot be used as an opportunity to
alter bids submitted.
3.5
Proprietary Information:
Any information contained in the Bidder’s response that is proprietary must be clearly designated. Marking of
the entire response as proprietary will neither be accepted nor honored. The University cannot
guarantee that all such material noted remains confidential, particularly if it becomes a significant
consideration in contract award. Information will only be kept confidential to the extent allowed by State of
Wisconsin Public Disclosure Law (refer to Standard Terms and Conditions, Section 27.0).
3.6
Reasonable Accommodations:
University 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 alternative
accommodations for your site visit, contact Jeff Whitman at (608) 262-6120.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
3.7
BID NO.: 10-0023
PAGE 6 OF 22
Method of Bid:
Bidder must submit a net unit price and an extended net total for the item specified. Prices listed should be in
US dollars unless otherwise indicated.
-ANDCustom charges/fees should not be included in the bid price. The University will be responsible for obtaining
custom charges/fees and will determine the customs broker to be used for entry into the United States. Failure
to eliminate these costs from your bid may result in disqualification of your bid. If these charges are identified in
your bid, they will be deducted from your total bid price for award consideration. Custom charges will not be
paid under any circumstances.
3.8
Method of Award:
Award(s) shall be made on the basis of the lowest net unit price and extended net total which is judged to be
in the best interest of the University. Bids that state the University shall guarantee orders of a specific quantity or
dollar amount will be disqualified.
The University will obtain an estimate from the University’s contracted customs broker for duty fees, port of entry
documentation fees, customs clearance charge, tax, etc. and add these additional costs to all applicable bids
and used in the evaluation for award.
3.9
3.8.1
Life Cycle Cost:
Life Cycle Cost formulas may be used in evaluation for bid awards which may include, but are not
limited to: the applicable costs of energy efficiency, acquisition and conversions, interest charged,
transportation, warranties, maintenance fees, licenses, disposal or any other costs not directly related to
the bid.
3.8.2
GSA Pricing:
This bid may qualify for GSA Pricing. If you have a GSA contract covering any of the items specified,
enclose a copy of the price list or information on use of that contract.
Acceptance and Testing
Acceptance testing will occur within 30 days after the equipment has been delivered. Acceptance testing will be
performed by the University and will consist of verification of the specifications and performance requirements.
If the equipment does not meet specification or performance requirements, the contractor will have 30 days to
meet requirements. If after this time period the equipment still does not meet specifications or performance
requirements, the contractor agrees to remove the equipment and return any payments that may have been
made.
Franklin Miller, or his designee, is the only authorized person who can sign an acceptance form. The warranty
period will begin following the successful acceptance testing.
3.10
Minority Business Enterprise (MBE) Preference:
Bids meeting mandatory requirements will be reviewed and considered against the stated terms, conditions and
specifications of bid. Bids from Wisconsin certified Minority Business Enterprises may have their prices and
discounts weighted by a factor of 1.00 to 1.05 to provide up to a five percent (5%) preference to MBE firms.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 10-0023
PAGE 3 OF 22
SECTION #4: BIDDER QUALIFICATIONS
4.1
Bidder Contact Information:
Bidder must designate a person(s) to provide information on: Minority Business, Affirmative Action and Sales
Representative. (See Attachment A – Bidder Response Sheet)
4.2
Bidder Experience:
Bidder (company or its principals) must be in the business of providing Cryo Cooling Devices item/service and
must have done so for the past 3 years.
4.3
Authorization:
Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer with service
and repair capabilities for the item. (On Bidder Response Sheet identify account number with manufacturer, as
applicable.)
4.4
Client List/References:
Bidder must supply upon request a client list of three (3) firms to which similar items/services have been provided
during the past three (3) years to a comparable sized institution or company (see Attachment D). If contacted,
information received from those clients will be used to determine whether bidder can reasonably meet contract
requirements and specifications. Client references may be used in the award consideration.
4.5
Fair Price Analysis:
Purchases made under this contract may require further fair price analysis if only one bidder responds. Bidders
should identify on the Bidder Response Sheet the type of documentation they will provide (i.e. published price list,
list of previous buyers, etc.) to allow the University to complete this analysis. If necessary for the award of the
Contract, the awarded contractor will be required to provide this documentation prior to the order being issued.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 10-0023
PAGE 8 OF 22
SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS
5.1
F.O.B. Destination, Freight Prepaid and Allowed: (vendor responsible for freight costs with ownership
changing at UW delivery location).
Delivery will be made by common carrier or Contractor’s truck, with unloading to be performed by the
carrier/contractor and carton(s) transported to the interior/ground floor or inside dock at 1500 Engineering Dr.,
Madison WI. Bid prices must include all packing, freight, insurance charges and installation/operation manuals.
If bidding other than F.O.B. Destination, as stated, F.O.B. point and shipping charges must be identified on the
Itemized Bid List. This cost will be added to the bid total for determining the award.
Delivered Duty Unpaid (DDU). Bidders must include costs from bidders door to port of destination and local
delivery charges. The University will be responsible for all United States duty fees, port of entry documentation
fees, custom clearance, tax, etc., if applicable.
Please indicate on the Bidder Response Sheet the Country of Origin and Shipping Point.
NOTE: As necessary, awarded Contractor must use the University's contracted customs broker, to be
identified on the purchase order.
Custom duty costs and forms (if applicable) will be handled by the University through the University’s contracted
customs broker. (See Method of Award, Custom Duty Costs.)
Failure to bid FOB DESTINATION, FREIGHT PREPAID AND ALLOWED in bid price or discount may disqualify
your bid.
-AND5.1
On Site Service:
In carrying out the scope of this Contract, the Contractor may be required to perform services on University
property. Bidders cost must include all transportation and insurance charges.
The Contractor may be required to maintain insurance in compliance with “Standard Terms and Conditions 22.0
Insurance” and Section 5.5 below.
5.2
Timeliness of Delivery:
Delivery is desired as soon as possible after receipt of an order. Please state on the Bidder Response Sheet
when delivery can be made. Timeliness of delivery may be used in evaluation for bid award.
5.3
Invoice Payment:
Payment will not be made until the item/service is determined to meet all specifications and has been accepted
by the University of Wisconsin-Madison.
5.4
Shipments, Duplicates and Overshipments:
Upon notification by the University of a duplicated order or overshipment, the items identified must be removed
at the contractor's expense. If the duplicated or overshipment items are not removed within 30 days of written
notification, the University reserves the right to dispose of them as its own property and shall not be held liable
for any cost for the items.
5.5
Insurance:
The Contractor shall maintain insurance levels as required in STANDARD TERMS AND CONDITIONS,
SECTION 22.0. A certificate of insurance should be provided upon request and provided on an annual basis.
If a certificate is required, the Contractor shall have added “The Board of Regents of the University of
Wisconsin System, its officers, employees and agents” as an additional insured under the commercial
general, automobile and Contractor’s liability policies on any insurance certificate provided.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 10-0023
PAGE 9 OF 22
SECTION #6 SPECIFICATIONS
SPECIFICATIONS OF ITEMS TO BE PROVIDED: (see Attachment B)
See SPECIFICATIONS and/or ITEMIZED BID LIST for the minimum acceptable specifications for items/services
desired.
Failure to provide product specifications and information for item(s) bid may disqualify your bid. The University will be
the sole judge of equivalent acceptability between bidders responses.
UW Specifications may not be revised without an official written amendment issued by Purchasing.
6.1
Warranty:
6.1.1
Contractor must honor, at a minimum, the manufacturer's standard warranty on items and/or parts
purchased under this contract. Bidder must indicate warranty term on Bidder Response Sheet and
enclose standard warranty documents with your bid.
6.1.2
6.2
Contractor is requested to provide a copy of maintenance contracts and quote on maintenance
available after expiration of the warranty term. Please include terms, which components shall be
covered and annual cost on the Itemized Bid List or on attachments to the bid response as necessary.
Maintenance and Repair:
6.2.1
Contractor must perform all maintenance on site unless University grants permission to remove
equipment from site.
6.2.2
Contractors must have access to replacement parts within seven (7) days to service all machines
identified under this bid.
6.2.3
Service calls received in the p.m. must be acknowledged by noon the following work day and machine
must be serviced within 96 hours of initial call. The service representative shall leave the ordering
department a copy of a dated written report indicating the service performed. This report must be
signed by the University employee in charge of the machine.
6.2.4
Contractor must complete all maintenance or repair services within 2 weeks of the initial call. If
Contractor cannot complete all services within this time, the contractor must provide a progress report
of the repair to the department. The service representative shall leave with the ordering department a
copy of a dated written report indicating the service performed. This report must be signed by the
University employee in charge of the machine.
6.2.5
Contractor shall provide unlimited call-back maintenance service during normal business hours.
6.3
Purchasing shall have the option to contract with another vendor to repair or service machines if Contractor is
unable to repair equipment for any reason or make necessary repairs on a timely basis.
6.4
Response Time:
Service and/or maintenance of this equipment may be required. Indicate on the Itemized Bid List whether work
is performed on your site or ours, response time on any work requested, the number of miles your site is from
ours, if work is performed on your site.
6.5
Subcontracting:
6.5.1
Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or
otherwise transferred to any other Contractor without prior written approval by Purchasing.
6.5.2
If subcontractors are to be used, the Contractor must clearly explain their participation.
6.5.3
Subcontractors must abide by all terms and conditions under this Contract.
6.5.4
The Contractor shall be directly responsible for any subcontractor's performance and work quality
when used by the Contractor to carry out the scope of the job.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 10-0023
PAGE 10 OF 22
6.6
Employee Identification:
All Contractor’s employees, while working on University property, must wear a clearly displayed photo
identification badge or uniform showing name of employee and/or company represented. Any identification
must be provided by the Contractor at the Contractor’s cost. Badges must be available but will not be required
to be worn when protective clothing and respiratory protection is required.
6.7
Cables:
Any alternate product bid must be compatible with an capable of being interfaced with identical cables and
connectors used with the specified equipment with no additional expense to the University to make the alternate
product compatible with existing equipment.
6.8
Third Party Financing:
Bidders that are bidding on Leases or Rentals using a third party for financing must identify the company, quote
the interest rate, and include a copy of their lease or rental contract.
6.9
Environmentally Friendly (“Green”) Product:
Contractors are encouraged to identify products that are made of recycled products, that use environmentally
friendly production methods, or that can be recycled at the end of their service life. The UW will make every
effort to purchase “Green” products wherever feasible or possible based on individual project needs and funding
available.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 10-0023
PAGE 11 OF 22
ATTACHMENT A: BIDDER RESPONSE SHEET
NOTE: This form must be returned with your bid response. Numbers identified correspond to those Sections shown
in the SPECIAL CONDITIONS OF BID. Bidder may attach additional relevant information to their bid response; identify
sections to which information applies.
==========================================================================================
Terms and Conditions
A contract will be awarded based on the criteria established in this bid. The Specifications, Special and Standard Terms
and Conditions, Attachments to the bid document, Bidder response and any UW Madison Purchase Order will become
the Contract between the University and the Contractor. Bidder must accept these Specifications, Special and
Standard Terms and Conditions or submit detailed and defined exceptions along with proposed alternative or additional
language for each exception.
Submitting a standard Bidder Contract as a complete substitute or alternative for the language in this solicitation will not
be accepted and may result in rejection of the vendor’s bid.
The University reserves the right to negotiate contractual terms and conditions or reject the Bidder’s response and
proceed to the next qualified bidder.
==========================================================================================
YES NO
1.1
Have you completed and returned all forms required?
1.2
Have you included two (2) complete sets of your bid?
(only one (1) copy required if faxing or e-mailing)
2.10
Which of your items meet the Energy Star requirements?
_______________________________________________________
_______________________________________________________
_______________________________________________________
3.8.2 Have you included a copy of the GSA contract/price list?
4.1
Bidder must designate a person(s) to provide information on: Minority Business,
Affirmative Action and Sales Representative.
MINORITY BUSINESS
Contact Name: _______________________
PHONE: ____________________________
FAX: _______________________________
E-MAIL:_____________________________
AFFIRMATIVE ACTION
Contact Name: _______________________
Address: ____________________________
__________________________________
__________________________________
PHONE: ____________________________
SALES REPRESENTATIVE:
Name: ___________________________________________
Phone: ___________________ Fax: __________________
EMAIL: ________________________________________________________
WEBSITE: _____________________________________________________
4.2
Are you in the business of providing Cryo Cooling devices, items/services and has your
company or its principals done so for the past three (3) years?
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 10-0023
PAGE 12 OF 22
YES
4.3
Are you an original manufacturer, authorized distributor, or dealer authorized by
manufacturer with service and repair capabilities for the item?
(Identify account number with manufacturer, as applicable.)
Identify Account # ___________________________
4.4
Will you provide a client list?
4.5
What type of documentation (i.e. published price list, list of previous buyers, etc.) will you
provide to assist the University in its fair price analysis in the event there is only one bidder
responding to the bid?
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
5.1
Are you bidding all prices F.O.B. Destination, Freight Prepaid and Allowed?
(Be sure to read Section 5.1 carefully)
Country of Origin ___________________________________________
Shipping Point ____________________________________________
-AND5.1
Are you bidding all prices On Site Service? (Be sure to read Section 5.1 carefully)
5.2
Please state delivery time ____ days After Receipt of Order (ARO).
5.4
Do you agree to terms regarding duplicates and overshipments?
5.5
Will you provide insurance certificate(s) indicating coverage and agree to maintain
coverage as required in 5.5 and have you added the following language to the
insurance certificate?:
“The Board of Regents of the University of Wisconsin System, its officers, employees and
agents” are added as an additional insured under the commercial general, automobile and
Contractor’s liability policies”.
6.1.1 Do you agree to minimum warranty as stated?
6.1.2 Have you included the maintenance information and a sample maintenance contract form?
Warranty term: __________________
6.2.1 Will you perform all maintenance or repair on site?
6.2.2 Will you have access to replacement parts within 7 days to service all machines listed?
6.2.3 Will you service machine within 96 hours of initial call?
6.2.4 Will you provide all services within two (2) weeks of the initial call or
provide a copy of a progress report of the status?
If unable to complete all services within two (2) weeks of the initial call,
will you provide a copy of a progress report to the department?
NO
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 10-0023
PAGE 13 OF 22
YES
NO
6.2.5 Will you provide unlimited call-back maintenance service during normal business hours?
6.5
Do you agree to subcontracting terms and conditions?
6.6
Will you agree to have all employees wear appropriate identification?
6.7
Is your product capable of being interfaced with cables and connectors?
6.8
Will you be using third party financing?
If so, have you included a copy of the lease/rental contract
Third Party Company ___________________
6.9
Interest Rate __________
Have you identified products that are made of recycled products that use environmentally
friendly production methods, or that can be recycled at the end of their service life?
The Bidder certifies by submission of the bid that neither it nor its principals is presently suspended or declared
ineligible from participation in this transaction by any Federal Department or Agency. ___________ (Initial)
I certify that the information I have provided in this bid is true and I understand that any false, misleading or missing
information may disqualify the bid.
__________________________________________
Company Name (print or type)
______________________________________________
Bidder's name & title (print or type)
__________________________________________
Bidder's Signature
______________________________________________
Date
__________________________________________
E-mail address
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 10-0023
PAGE 14 OF 22
ATTACHMENT B: SPECIFICATIONS FOR A CRYOCOOLER
GENERAL: The University of Wisconsin-Madison, Department of Mechanical Engineering through
Purchasing Services Department requests bids for the purchase of a Cryocooler.
The following specifications represent minimum acceptable requirement. For any No Response, the bidder
must provide an explanation indicating how this difference in specification would affect the performance of
the product being bid. The University shall be the sole judge of acceptability.
ATTACHMENT OF BIDDER’S TERMS AND CONDITIONS IS NOT ACCEPTABLE.
I
1.
2.
3.
4.
MEET
SPECIFICATIONS
YES NO
Sub-Kelvin Cryogenics Research Facility Cryocooler Requirements:
The Cryocooler must provide at least 0.9 watts of cooling at 4.2 Kelvin
The Cryocooler compressor must be powered by 220-volts 3 phase or 220-volt
single phase power.
The displacement due to vibration at the 4 Kelvin cooling stage must be 1
micron or less.
A means of attenuating vibration transmission from the cold head to the
mounting flange must be provided.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 10-0023
PAGE 15 OF 22
ATTACHMENT C: ITEMIZED BID LIST
QTY.
1 ea
DESCRIPTION
Cryocooler
Manufacturer ______________________________
Catalog # _________________________________
Warranty Period____________________________
MAINTENANCE:
Year 2: ___________
Year 3: ___________
Year 4: ___________
PRICE
$________
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 10-0023
PAGE 16 OF 22
ATTACHMENT D - CLIENT REFERENCE LIST
Bidder Name:____________________________________________________________________________________
The Bidder must provide a minimum of three (3) business references.
1.
Reference Name: _____________________________________________ Contact: _____________________________
Address: ____________________________________________________ Phone: # ( ) __________________________
Fax/Internet address:_______________________________________________________________________________
Description and date(s) of commodities and services provided: _____________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
2.
Reference Name: _____________________________________________ Contact: _____________________________
Address: ____________________________________________________ Phone: # ( ) __________________________
Fax/Internet address:_______________________________________________________________________________
Description and date(s) of commodities and services provided: _____________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
3.
Reference Name: _____________________________________________ Contact: _____________________________
Address: ____________________________________________________ Phone: # ( ) __________________________
Fax/Internet address:_______________________________________________________________________________
Description and date(s) of commodities and services provided: _____________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
References may be contacted to confirm the Bidder’s abilities and qualifications as stated in the Bidder’s
response. The University may perform due diligence by contacting any applicable business reference,
including references from within the UW System. The University reserves the right to disqualify any Bidder
whose references don’t support their stated claim of qualifications in their response.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 10-0023
PAGE 17 OF 22
ATTACHMENT E: BIDDER INFORMATION SHEET
VENDOR NOTE: THIS SECTION MUST BE COMPLETED AND THIS FORM RETURNED WITH YOUR BID
RESPONSE
1. In accordance with Wisconsin Statutes 16.75(3m), 16.752 and 560.035(1)(c), (see website:
http://www.doa.state.wi.us/deo/mbe/report2.asp) please indicate if you are a Wisconsin Certified minority business,
sheltered workshop center or woman owned business:
____ Minority (MBE) ____Sheltered Workshop ____ Woman Owned Business (WBE) ___ Not applicable
(If no answer is indicated above, we will assume that you are none of the above when making the award.)
2. Pursuant to Public Law 95-507, indicate which of the following classifications apply to your organization. All
vendors are considered Large Business unless otherwise indicated (see website: www.sba.gov/). (Check √ all
that apply.)
____________ LARGE BUSINESS (LG)
____________ SMALL BUSINESS (SB)
____________ VETERAN OWNED SMALL BUSINESS (VOSB)
____________ SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB)
____________ HISTORICALLY UNDER UTILIZED BUSINESS ZONE (HUBZONE)
____________ SMALL DISADVANTAGED BUSINESS (SDB)
____________ WOMAN-OWNED SMALL BUSINESS (WOSB)
3. AMERICAN MADE: Wisconsin Statutes S. 16.754, directs the state to purchase materials which are
manufactured to the greatest extent in the United States when all other factors are substantially equal.
“Substantially equal” means when bids are tied or proposal scores are equal. Indicate whether the material
covered in your bid/proposal were manufactured in whole or in substantial part within the United States, or the
majority of the component parts thereof were manufactured in whole or in substantial part in the United States.
____________ YES
____________ NO
____________ UNKNOWN
4. MINORITY BUSINESS PARTICIPATION: As a mandatory component of this proposal (or bid), you must complete
the “Supplier Diversity, Minority Business Enterprise (MBE) Program Commitment” form that is a part of this
document.
I have reviewed, completed and enclosed the “Diversity, Minority Business Enterprise (MBE) Program
Commitment” form.
____________ YES
____________ NO
5. RECYCLED PRODUCTS/PACKAGING/DISPOSAL TECHNIQUES: The University is committed to promote
environmentally sound procurement, usage and disposal methods which are in compliance with State of Wisconsin
County, and Municipal regulations. Currently the University has a recycling program for starch and Styrofoam
packing peanuts. The University’s preference is to receive starch peanuts whenever possible. The Contractor
shall not use INSTAPAK (or similar) or mix starch and Styrofoam peanuts under any circumstances. Each
product shall be separately pre-packed in accordance with commercially accepted methods. Small products may
be packaged in protective envelopes (Mail-Lite or Bubble-Jet packs).
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 10-0023
PAGE 18 OF 22
ATTACHMENT F
SUPPLIER DIVERSITY, MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM COMMITMENT
BID NUMBER:
DATE
10-0023
As an agency of the State of Wisconsin, the University of Wisconsin-Madison shares the state goal of spending 5% of
total purchases with certified minority businesses. State policy provides that Minority owned Business Enterprises
(MBE) certified by the Wisconsin Department of Commerce; Bureau of Minority Development should have the
maximum opportunity to participate in the performance of its contracts. To support the University’s pursuit of the 5%
goal we expect all contracted vendors to proactively subcontract with MBE companies wherever possible.
Your complete response to the questions below will confirm the following; a) an indication that you understand
the University’s goal, b) a listing of vendors with which you intend to subcontract, c) a description of the MBE
expenditures you will be able to report to us, and d) a statement expressing your commitment to complete the
annual report that will reflect your subcontracting efforts for the year.
A listing of certified minority businesses, as well as the services and commodities they provide, is available on the web
at: http://www.doa.state.wi.us/mbe or you can contact Keith E. Broadnax, Wisconsin Department of Administration,
Minority Business Enterprise Program at 608-267-3293 [email protected]
Information regarding certification of minority businesses is available at: http://www.doa.state.wi.us/deo/mbe/report2.asp
or you can direct further questions to Seyoum Mengesha at 414-220-5362 or [email protected]
Authority for this program is found in Wisconsin Statutes 15.107(2), 16.75(4), and 16.755 and 560.036(2), and details
about the program can be found at: http://www.legis.state.wi.us/acts89-93/83Act390.pdf
Please complete and sign the following information:
1. Our company is a Wisconsin certified MBE.
_____ YES
_____NO
2. We are aware of, and support the University’s goal to spend 5% of their total
purchasing dollars with certified MBE firms.
_____ YES
_____NO
3. If this is an on-going contract, we are aware that our company will receive an annual
request from the University to report all expenditure activity with sub-contracted
MBE vendors in support of this contract.
_____ YES
_____NO
4. Our company intends to subcontract the indicated dollar volume with the MBE firms listed below:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
______________________________
Signature
________________________
Date
______________________________
Printed name
________________________
Title
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 10-0023
PAGE 19 OF 22
ATTACHMENT G: STANDARD TERMS AND CONDITIONS
1.0
SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and
model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or
performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock
number, and such other information necessary to establish equivalency. The UW-Madison shall be the sole judge of
equivalency. Bidders/proposers are cautioned to avoid bidding alternates which may result in rejection of their
bid/proposal.
2.0
DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications
shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. Each deviation
and exception must be identified by the section, page and paragraph to which it applies. In the absence of such
statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications
and the bidder/proposer shall be held liable.
3.0
QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used,
demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval
by the University.
4.0
QUANTITIES: The quantities shown on this request are based on estimated needs. The University reserves the
right to increase or decrease quantities to meet actual needs.
5.0
PRICING AND DISCOUNT: The University qualifies for governmental discounts and its educational institutions also
qualify for educational discounts. Unit prices shall reflect these discounts.
5.1
Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as
stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish
the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.
5.2
Prices established in continuing agreements and term contracts may be lowered due to general market
conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any
increase proposed shall be submitted to the University thirty (30) calendar days before the proposed effective
date of the price increase, and shall be limited to fully documented cost increases to the Contractor which are
demonstrated to be industry-wide. The conditions under which price increases may be granted shall be
expressed in bid/proposal documents and contracts or agreements.
5.3
In determination of award, discounts for early payment will only be considered when all other conditions are
equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed
favorable. All payment terms must allow the option of net thirty (30).
6.0
UNFAIR SALES ACT: Prices quoted to the University are not governed by the Wisconsin Unfair Sales Act.
7.0
ACCEPTANCE-REJECTION: The University reserves the right to accept or reject any or all bids/proposals, to waive
any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best
interest of the State of Wisconsin.
8.0
ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the Contractor by
University. No other purchase orders are authorized.
9.0
PAYMENT TERMS AND INVOICING: The University normally will pay properly submitted vendor invoices within
thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted
as specified.
9.1
Invoices presented for payment must be submitted in accordance with instructions contained on the purchase
order including reference to purchase order number and submittal to the correct address for processing.
Invoice payment processing address is shown on the upper left corner of the purchase order. Send invoices to
the Accounts Payable address on the purchase order. Do not send invoices to the ship to address.
9.2
Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty (30) days
after receipt of a properly completed invoice, unless the vendor is notified in writing by the agency of a dispute
before payment is due.
9.3
Bidders/proposers shall include discounts for early payment (See 5.3) as a percent reduction of invoice.
Invoice discounts shall be determined, where applicable, from the date of acceptance of goods and/or the
receipt of invoice, whichever is later. Discounts for early payment terms stated on the bid/proposal must be
shown plainly on the invoice; discounts for early payment not shown on the invoice will be taken.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 10-0023
PAGE 20 OF 22
9.4
Invoices submitted not in accordance with these instructions will be removed from the payment process and
returned within ten (10) days.
9.5
Payment terms and invoicing for purchasing card will be made in accordance with the purchasing card contact..
10.0 TAXES: The University, an agency of the State of Wisconsin, is exempt from payment of all federal tax and
Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The
Department of Revenue of the State of Wisconsin does not issue a tax exempt number; however, University is
exempt from State of Wisconsin sales or use tax under s.77.54(9a)(a). Registration No. 39-73-1021-K, was issued
by the Internal Revenue Service to authorize tax-free transactions under Chapter 32 of the Internal Revenue Code.
10.1 The University, an agency of the State of Wisconsin, is required to pay the Wisconsin excise or occupation tax
on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel.
However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The University may be
subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors
performing construction activities are required to pay state use tax on the cost of materials.
11.0 GUARANTEED DELIVERY: Failure of the Contractor to adhere to delivery schedules as specified or to promptly
replace rejected materials shall render the Contractor liable for all costs in excess of the contract price when
alternate procurement is necessary. Excess costs shall include the administrative costs.
12.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a
result of this request except where special requirements are stated elsewhere in the request; in such cases, the
special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments
shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or
acknowledgment shall be effective or binding unless expressly agreed to in writing by the University.
13.0 APPLICABLE LAW: This Agreement shall be construed under the laws of the State of Wisconsin. Jurisdiction and
venue for any disputes under this Agreement shall be in Dane County, Wisconsin. The contractor shall at all times
comply with and observe all federal and state laws, local laws, ordinances and regulations which are in effect during
the period of this contract and which in any manner affect the work or its conduct.
14.0 ANTITRUST ASSIGNMENT: The Contractor and the University recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the Contractor
hereby assigns to the University any and all claims for such overcharges as to goods, materials or services
purchased in connection with this contract.
15.0 ASSIGNMENT: No right or duty in whole or in part of the Contractor under this contract may be assigned or
delegated without the prior written consent of the University.
16.0 DISPUTES: Disputes should be addressed to the University Purchasing Office, Director of Purchasing Services, 21
N Park St, Suite 6101, Madison, WI 53715 1218.
17.0 NONDISCRIMINATION/ AFFIRMATIVE ACTION:
17.1 In connection with the performance of work under this contract, the Contractor agrees not to discriminate
against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical
condition, developmental disability as defined in s.51.01(5), Wisconsin Statutes, sexual orientation as defined
in s.111.32(13m) Wis. Stats., or national origin. This provision shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with
respect to sexual orientation, the Contractor further agrees to take affirmative action to ensure equal
employment opportunities.
17.2 Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written
affirmative action plan by the Contractor. An exemption occurs from this requirement if the Contractor has a
workforce of less than twenty-five (25) employes. Within fifteen (15) working days after the contract is
awarded, the Contractor must submit the plan to the contracting state agency for approval. Instructions on
preparing the plan and technical assistance regarding this clause are available from the contracting state
agency.
17.3 The Contractor agrees to post in conspicuous places, available for employes and applicants for employment, a
notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin
nondiscrimination law.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 10-0023
PAGE 21 OF 22
17.4 Failure to comply with the conditions of this clause may result in the Contractor's becoming declared an
"ineligible" Contractor, termination of the contract, or withholding of payment.
17.5 To the extent required by law, 41 CFR 60-1.4(a) and (b) are incorporated by reference in these Standard Terms
and Conditions. Additionally, the Contractor certifies compliance with 41 CFR 60-1.8 and does not and will not
maintain any facilities provided for employees in a segregated manner. The Contractor further agrees to obtain
identical certifications from any subcontractors prior to the award of a subcontract exceeding $25,000 which is
not exempt and will retain such certification for audit purposes.
18.0 PATENT INFRINGEMENT: The Contractor selling to the University the articles described herein guarantees the
articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or
use of the articles described herein will not infringe any United States patent. The Contractor covenants that it will at
its own expense defend every suit which shall be brought against the University (provided that such Contractor is
promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by
reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in
any such suit.
19.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the University must comply fully with
all safety requirements as set forth by the Wisconsin Administrative Code, Rules of the Industrial Commission on
Safety, and all applicable OSHA Standards.
20.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous
chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item
with the shipped container(s) and one (1) copy to UW Safety Department, 30 East Campus Mall, Madison WI 537152609.
21.0 WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this
request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt. The
equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the Contractor.
22.0 INSURANCE RESPONSIBILITY: The Contractor performing services to the University shall:
22.1 Maintain worker's compensation insurance as required by Wisconsin Statutes for all employees engaged in the
work.
22.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might
occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000)
liability for bodily injury and property damage including products liability and completed operations. Provide
motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract.
Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for
automobile liability and property damage.
22.3 The state reserves the right to require higher or lower limits where warranted.
22.4 Upon request by the University, the Contractor is required to provide a Certificate of Insurance, from an
insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best rating of A-,
and signed by an authorized agent. A minimum 60 day cancellation notice is desired.
23.0 CANCELLATION: The University reserves the right to cancel any contract in whole or in part without penalty due to
nonappropriation of funds or for failure of the Contractor to comply with terms, conditions, and specifications of this
contract.
24.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments
offset by the State of Wisconsin.
25.0 OMNIBUS RECONCILIATION ACT: (Public Law 96-499) To the extent required by law, if this contract is for
acquisition of services with a cost or value of $25,000 or more within any 12-month period, including contracts for
both goods and services in which the services component is worth $25,000 or more within any 12-month period, the
Contractor shall in accordance with 42 C.F.R., Part 420, Section 1861 of the Omnibus Reconciliation Act of 1980
(P.L. 96499) and permit the comptroller general of the United States, the United States Department of Health and
Human Services, and their duly authorized representatives, access to the Contractor's books, documents and
records until the expiration date of four (4) years after the approval of procurement activities.
26.0 PUBLIC RECORDS ACCESS: It is the intention of University to maintain an open and public process in the
solicitation, submission, review, and approval of procurement activities. Bid/proposal openings are public unless
otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to
award or the award of the contract.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 10-0023
PAGE 22 OF 22
27.0 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request must be clearly
stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in
accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law.
Proprietary restrictions normally are not accepted. However, when accepted, it is the vendor's responsibility to
defend the determination in the event of an appeal or litigation.
27.1 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of
the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and
innovations become the property of the State of Wisconsin.
27.2 Any material submitted by the vendor in response to this request that the vendor considers confidential and
proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material
which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of
Confidential and Proprietary Information form (DOA-3027). Bidders/proposers may request the form if it is not
part of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential.
28.0 DISCLOSURE: If a state public official (s. 19.42, Wisconsin Statutes), a member of a state public official's
immediate family, or any organization in which a state public official or a member of the official's immediate family
owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of
more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state
unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract. Disclosure
must be made to the State of Wisconsin Ethics Board, 44 E. Mifflin Street, Suite 601, Madison, Wisconsin 53703
(Telephone 608-266-8123). State classified and former employes and certain University faculty/staff are subject to
separate disclosure requirements, s. 16.417, Wis. Stats.
29.0 ANTI-KICKBACK ACT of 1986: (41 USC 51 et. seq): To the extent required by law, the officer or employe
responsible for submitting this bid shall certify, in accordance with 48 CFR 52.203-7, to the best of their knowledge,
that they have no information concerning the violation of the Anti- Kickback Act in connection with the submitted
bid/proposal. Signing the bid/proposal with a false statement shall void the submitted bid/proposal and any resulting
contract(s).
30.0 RECYCLED MATERIALS: The University is required to purchase products incorporating recycled materials
whenever technically or economically feasible. Bidders/proposers are encouraged to bid/propose products with
recycled content which meet specifications.
31.0 HOLD HARMLESS: The Contractor will indemnify and save harmless the State of Wisconsin and all of its officers,
agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or
damages received by any persons or property resulting from the operations of the Contractor, or of any of its
Contractors, in prosecuting work under this agreement.
32.0 PROMOTIONAL ADVERTISING/NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its
departments, agencies (University) or other subunits, or any state official or employee for commercial promotion is
prohibited. News releases pertaining to this procurement shall not be made without prior approval of the University.
Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of
the contracting agency.
33.0 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wisconsin Statutes, and must ensure
that when engaged in the production of materials, supplies or equipment or the performance of contractual services,
not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped
individuals.
34.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which
becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats.,
relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of
Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt
from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a
certificate of authority should contact the Department of Financial Institutions, Division of Corporation, P.O. Box
7846, Madison, WI 53707-7846; telephone (608) 261-7577.
35.0 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this Agreement in
accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are
not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual
capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather,
but in every case the failure to perform such must be beyond the reasonable control and without the fault or
negligence of the party.
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