BIDS MUST BE SEALED AND ADDRESSED TO:

BIDS MUST BE SEALED AND ADDRESSED TO:
DOA-3070 N(R09/97)


BIDS MUST BE SEALED AND ADDRESSED TO:
AGENCY:
UW-Eau Claire
ADDRESS:
Purchasing Department
105 Garfield Avenue, S103
Eau Claire, WI 54702-4004
715-836-4643 FAX 715-836-2020
No bid now. Retain on bidder list (Return this page only.)
Remove from bidder list for this commodity/service. (Return this page only.)
Bid envelope must be sealed and plainly marked in lower corner with due date and Request for
Bid #_SS-1002_. Late bids will be rejected. Bids MUST be date and time stamped by the
soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time
stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute
receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not
being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e.,
not included with sample packages or other bids. Bid openings are public unless otherwise
specified. Records will be available for public inspection after issuance of the notice of intent to
award or the award of the contract. Bidder should contact person named below for an appointment
to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid
opening, unless otherwise noted. The attached terms and conditions apply to any subsequent
award.
THIS IS NOT AN ORDER
REQUEST FOR BID SS-1002
BIDDER (Name and Address)
Bids MUST be in this office no later than
September 21, 2009; 2:30 PM
Name (Contact for further information)
Steve Slind
Phone
Date
715-836-4643
September 4,2009
Quote Price and Delivery FOB
Delivered and Installed
 Fax bids are not accepted
X Fax bids are accepted
Item
No.
Quantity
and Unit
Price
Per Unit
Description
Total
UW-Eau Claire; Printing Services will accept
Bids for Digital Duplicator. Bids must include
The option of purchase and lease agreement.
Bids will be Accepted per the Attached Standard
Terms and Conditions; Special Conditions of Bid
And Itemized Bid Form
Fax Bids are Accepted at 715-836-2020
For Technical Assistance Contact
Mike Alred 715-836-3883
Payment Terms
Delivery Time
We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the
 Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington Ave., Madison, Wisconsin
53702, (608) 267-9550. Does Not Apply to Printing Bids
____________________________________________________________________________________________________________________________________________________________________________
We are a work center qualified under Wis. Stats. s. 16.752. Questions concerning the qualification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E.
Wilson St., Madison, Wisconsin 53702, (608) 266-2605.
____________________________________________________________________________________________________________________________________________________________________________

Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were
manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.
Yes
No
Unknown
____________________________________________________________________________________________________________________________________________________________________________
In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt
has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid
has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury.
We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.
Name of Authorized Company Representative (Type or Print)
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.
1
University of Wisconsin-Eau Claire
Standard Terms and Conditions
Request for Bid
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 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.
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. 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
QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which
have been discontinued are unacceptable without prior written approval by the State of Wisconsin.
4.0
QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right to increase or decrease quantities to
meet actual needs.
5.0
DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified.
6.0
PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational
discounts. Unit prices shall reflect these discounts.
6.1
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.
6.2
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 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 industry wide. The conditions under which price increases may be granted shall be expressed in bid/proposal
documents and contracts or agreements.
6.3
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).
7.0
UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act.
8.0
ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any
bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the State of Wisconsin.
Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid/proposal is due.
Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a
bid/proposal by the purchasing office.
9.0
METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified.
10.0
ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency. No other purchase
orders are authorized.
11.0
PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor invoices within thirty (30) days of receipt
providing goods and/or services have been delivered, installed (if required), and accepted as specified.
Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order
number and submittal to the correct address for processing.
A good faith dispute creates an exception to prompt payment.
12.0
TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except
Wisconsin excise taxes as described below.
The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine,
cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its
purchases. The State of Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors
performing construction activities are required to pay state use tax on the cost of materials.
13.0
GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render
the contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative
costs.
14.0
ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where
special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order
with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or
acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority.
2
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 non-procurement 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
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 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.
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.
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.
25.0
VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin.
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.
Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to
award or the award of the contract.
27.0
PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request, must be clearly stated in the bid/proposal itself.
Proprietary information submitted in response to a request will be handled in accordance with applicable State of Wisconsin procurement regulations and
3
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.
28.0
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.
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.
30.0
MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR
1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s).
31.0
PROMOTIONAL ADVERTISING / NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its departments, agencies or other 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.
4
STATE OF WISCONSIN
DOA-3027 N(R01/98)
DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION
The attached material submitted in response to Bid/Proposal # SS-1002 includes proprietary and confidential information which
qualifies as a trade secret, as provided in s. 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 bid/proposal response be treated as
confidential material and not be released without our written approval.
Prices always become public information when bids/proposals are opened, and therefore cannot be kept
confidential.
Other information 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.
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 NECESSARY ASSISTANCE TO DEFEND THE DESIGNATION OF
CONFIDENTIALITY AND AGREES TO HOLD THE STATE HARMLESS FOR ANY COSTS OR DAMAGES ARISING OUT OF THE
STATE'S AGREEING TO WITHHOLD THE MATERIALS.
Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response will be
open to examination and copying. The state considers other markings of confidential in the bid/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.
Company Name
___________________________________________
Authorized Representative
___________________________________________
Signature
Authorized Representative
___________________________________________
Type or Print
Date
___________________________________________
This document can be made available in accessible formats to qualified individuals with disabilities
5
Division of State Agency Services
State Bureau of Procurement
State of Wisconsin
Department of Administration
DOA-3333 (R03/2004)
Vendor Agreement
Wisconsin’s Cooperative Purchasing Service
Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts.
Participating in the service gives vendors opportunities for additional sales without additional bidding. Municipalities use the
service to expedite purchases. A "municipality" is defined as any county, city, village, town, school district, board of school
directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the
authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may
participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis.Stats.
Interested municipalities:

will contact the contractor directly to place orders referencing the state agency contract number; and

are responsible for receipt, acceptance, inspection of commodities directly from the contractor, and making payment
directly to the contractor.
The State of Wisconsin is not a party to these purchases or any dispute arising from these purchases and is not liable for
delivery or payment of any of these purchases.
The State of Wisconsin will determine the contractor’s participation by checking a box below.
MANDATORY: Bidders/Proposers must agree to furnish the commodities or services of this bid/proposal to Wisconsin
municipalities. Vendors should note any special conditions below.
OPTIONAL: Bidders/Proposers may or may not agree to furnish the commodities or services of this bid/proposal to
Wisconsin municipalities. A vendor’s decision on participating in this service has no effect on awarding this contract.
A vendor in the service may specify minimum order sizes by volume or dollar amount, additional charges beyond normal
delivery areas, or other minimal changes for municipalities.
Vendor: please check one of the following boxes in response.
I Agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities with any special
conditions noted below.
I Do Not Agree to furnish the commodities or services to Wisconsin municipalities.
Special Conditions (if applicable):
Signature
Date (mm/dd/ccyy)
Name (Type or Print)
Title
Company
Telephone
(
Address (Street)
Commodity/Service
City
State
)
ZIP + 4
Request for Bid/Proposal Number
This form can be made available in accessible formats upon request to qualified individuals with disabilities
6
August 24, 2009
University of Wisconsin-Eau Claire
Digital Duplicator
Request for Bids SS-1002
Special Conditions of Bid
Scope: The University of Wisconsin-Eau Claire, Printing Services is planning to purchase or enter into a 36 or 48 month lease agreement for a
production digital duplicator to meet the growing digital color requirements of our customers. The average number of impressions for this
equipment is estimated to be 30,000 per month. The lease buy out proposed should be a fair market value type lease. The proposed installation
date for the new digital duplicator is the week of October 19, 2009 or sooner, with staff training to be complete within 10 days after the
installation.
Conditions of the request for bid, which include the word “must” or “shall” describe a mandatory requirement. All specifications are defined as
mandatory minimum requirements unless otherwise stated. Purchasing staff reserves the right to delete any specification or condition of bid
that cannot be met by at least one bidder.
For questions about the bid or Printing Services requirements, please contact Mike Alred, Supervisor of Printing Services at 715-836-3883.
Retain a copy of your proposal response for your files.
1.0 General Terms and Conditions
Contractor shall provide the equipment set forth herein in accordance with applicable professional standards.
1.1
Entire Agreement: The written contract and/or order with referenced parts and attachments shall constitute the entire agreement and
no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to
in writing by the contracting authority.
1.2
Ordering: Purchase orders shall be placed directly to the contractor by University. Separate orders may be used for the equipment
lease agreement and for the maintenance/supplies. No other purchase orders are authorized.
1.3
Payment Terms and Invoicing: The State normally will pay properly submitted vendor invoices within thirty (30) days of receipt
providing goods and/or services have been delivered, installed (if required), and accepted as specified.
Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference
to purchase order number and submittal to the correct address for processing.
A good faith dispute pursuant to s. 16.528, Wis. Stats., creates an exception to prompt payment requirements.
1.4
Taxes: The State 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 State 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 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.
1.5
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.
1.6
Applicable Law: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times comply
with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract
and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel this contract if the
contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and
use tax. The State of Wisconsin also reserves the right to cancel this contract with any federally debarred contractor or a contractor that
is presently identified on the list of parties excluded from federal procurement and non-procurement contracts.
7
1.7
Antitrust Assignment: The Contractor and the State recognize that in actual economic practice, overcharges resulting from antitrust
violations are in fact usually borne by the State as a purchaser. Therefore, the Contractor hereby assigns to the State any and all claims
for such overcharges as to goods, materials or services purchased in connection with its contract with the State of Wisconsin.
1.8
Assignment: No right or duty in whole or in part of the Contractor under a State Contract may be assigned or delegated without the
prior written consent of the State of Wisconsin.
1.9
Work Center Criteria: If applicable, 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.
S. 16.752, Wis. Stat. requires state agencies and campuses to purchase goods and services from Wisconsin certified work centers.
Contractor must include products provided by work centers in its catalog for State agencies, campuses, and other Authorized Users, or
to block the sale of comparable items to State Agencies and campuses. Anytime during the life of the contract the Contractor must
promptly implement processes to include additional products provided by work centers in its catalog for State agencies, campuses and
other Authorized Users or block the sale of comparable items to State agencies and campuses.
1.10 Nondiscrimination and Affirmative Action: The Contractor shall not 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 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 shall take affirmative action to ensure equal employment opportunities.
1.10.1 State 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 twentyfive (25) employees. Within fifteen (15) working days after a State 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.
1.10.2 The Contractor shall 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.
1.10.3 Failure to comply with the conditions of this clause may result in the Contractor's becoming declared "ineligible," termination of
the contract, or withholding of payment.
1.11 Patent Infringement: The Contractor guarantees that the articles provided under a State Contract were manufactured or produced in
accordance with applicable federal labor laws and that the sale or use of the articles described herein will not infringe any United States
patent. The Contractor shall, at its own expense, defend every suit which shall be brought against the State (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.
1.12 Safety Requirements: All materials, equipment, and supplies provided to the State must comply fully with all safety requirements as
set forth by the Wisconsin Administrative Code, the Rules of the Industrial Commission on Safety, and all applicable OSHA Standards.
1.13 Warranty: Unless otherwise specifically stated in the specifications, the equipment manufacturer’s standard warranty shall apply as a
minimum and must be honored by the Contractor. Differences in warranty periods may be used in factoring life-cycle costing.
1.14 Contractor Tax Delinquency: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State.
1.15 State Public Official Disclosure Requirements: A State Contract may be voided if the following conditions apply:
1) a state public official (as defined in s. 19.42, Wis. Stats.), or 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, and
2) it involves the payment of more than three thousand dollars ($3,000) within a twelve (12) month period.
The State may void such a contract unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before the State Contract
is executed. Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601, Madison, Wisconsin
53703 (Telephone 608-266-8123).
8
State classified and former employees and certain University of Wisconsin faculty or staff are subject to separate disclosure
requirements under s. 16.417 of the Wisconsin Statutes.
1.16 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).
1.17 Promotional Advertising and News Releases: Reference to or use of the State of Wisconsin, the Great Seal of the State of
Wisconsin, the Wisconsin Coat of Arms, any of its departments, agencies or other subunits, or any state official or employee for
commercial promotion is prohibited. News releases pertaining to the procurement or State Contract shall not be made without prior
approval of the State. Release of broadcast emails pertaining to this procurement shall not be made without prior written authorization
of the contracting agency.
1.18 Foreign Corporation: A foreign corporation (any corporation other than a Wisconsin corporation) which becomes a party to a State
Contract 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) 266-3590.
1.19 Employment: Contractor shall not engage the services of any person or persons now employed by the State, including any State,
commission or board thereof, to provide services relating to this Contract without the written consent of the employer of such person or
persons and of the State.
1.20 Non-Collusion: In signing this Contract, Contractor certifies that it has not, directly or indirectly, entered into any action in restraint of
free competitive bidding in connection with this offer submitted to the State.
1.21 Severability: If any provision of this Contract is found by a proper authority to be invalid or unenforceable, the remainder of the
Contract shall remain valid and the invalid provision shall be replaced by a valid provision, which comes closest in intent to the invalid
provision. The rest of the provisions shall remain in full force and effect.
1.22 Printing Services Contact: The technical contact person for Printing Services department is Mike Alred, 715-836-3883,
[email protected]
1.23 Notification. Either party may give written notice to the other party in accordance with the terms of this section. Any notice required or
permitted to be given hereunder shall be deemed to have been given on the date of delivery by personal service or hand delivery or three
(3) business days after being mailed.
To the University:
University of Wisconsin-Eau Claire
Purchasing Office Attn: Steve Slind
105 Garfield Ave.
Eau Claire, WI 54701
Telephone: 715-836-4643
1.24 Change of Notification Contact or Address. In the event either party moves or updates contact information, the moving party shall
inform the other of such changes in writing within ten (10) business days. No governmental entity shall be held responsible for
payments or purchase orders delayed due to Contractor’s failure to provide such notice. Change of address or telephone updates must be
forwarded to each other as provided in the Notification paragraph above.
1.25 Proprietary and Publishing Rights. All materials produced under this Contract shall remain the property of the State. Use of same
materials by Contractor shall only be with prior written permission of the State. Contractor shall be allowed to have any writing
produced under the auspices of this Contract published, provided Contractor obtains prior written approval from the State.
1.26 Examination of Records. The State shall, at any time upon notice, have access to and the right to examine, audit, excerpt, transcribe,
and copy, on Contractor's premises, any directly pertinent records and computer data storage media of Contractor involving transactions
relating to this Contract. If the material is on computer data storage media, Contractor shall provide copies of the data storage media or
such computer printout as may be requested by the State. Contractor, following final payment, shall retain such material for three years.
This provision shall also apply in the event of termination pursuant to Termination section of this Contract. Any charges for copies
provided by Contractor of books, documents, papers, records, computer data storage media or computer printouts shall not exceed the
actual cost to Contractor.
9
1.27 Independent Contractor. Contractor shall act as an independent Contractor in performing all services under this Contract and, except
as otherwise outlined in this Contract, agrees to maintain complete control over its employees and subcontractors (such control over the
repairers being limited to the context of this Contract).
1.28 Method of Bid: Bidder shall provide a purchase price, 36 month lease price and a 48 month lease price for the digital duplicator.
Bidders shall submit a separate Itemized Bid Form for each digital duplicator bid.
1.29 Method of Award: Award will be based on the lowest cost machine that meets the requirement of printing services. There will be
consideration given to Printing Services annual budgeted amount for duplicating production. Timeliness of demonstration, delivery and
installation may be used in the evaluation of bid submittals when appropriate.
2.0
Additional Terms and Conditions
2.1
Accessories: All optional accessories must be OEM manufactured or authorized by the OEM; proof of authorization must be furnished if
requested. Accessories for purchased machines can be acquired at the costs listed in the contract anytime, however, accessories for leased
machines must be acquired within the first six months of the contract ordering period or the customer will be billed for the entire purchase
cost of each accessory to insure the contractor receives compensation for the entire cost of the accessory. Any optional accessory may be
added or subtracted from the machine.
2.2
Contractor Agreements/Contracts: UW-Eau Claire will not sign contractor-supplied agreements/contracts. Agency Purchase Orders
listing all required and necessary items will serve as the only required contract document.
2.3
Delivery, Installation and Removal: 1) Requested delivery, installation and setup is the week of October 19, 2009. Machine must be
installed within 24 hours of delivery, unless otherwise agreed to by the Contractor and the Printing Services Contact. 3) Contractor is
required to remove all leased machines no later than 2-calendar weeks after the lease Contract is completed, or, by whatever schedule is
agreed to between the Contractor and the Printing Services Contact. Written notice from the Printing Service Contact for removal is not
required at the end of the initial lease period; however it is recommended that the Printing Services Contact send written notification to
the Contractor requesting removal of the machine. 4) The costs listed in this or contained within this Contract include delivery, setup,
installation, and removal for leased machines. Emergency/rush delivery requiring special shipping and handling will be at University
expense (with prior written approval only). Rush delivery that occurs as a result of the Contractor’s error must be free of charge.
2.4
Electrical Connections, Surge Protectors and Telephone Lines: Any special wiring for electrical, telephone, or computer hookup is
the responsibility of the University to provide.
2.5
Energy Star Compliant Machines: It is REQUIRED that all machines come with the Energy Star label as certified by the EPA.
2.6
Insurance Responsibility: The Contractor performing service for the State of Wisconsin must: Maintain workers compensation
insurance, as required by Wisconsin Statutes, for all employees engaged in the work. Maintain commercial liability 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 must be
one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage. Provide an
insurance certificate indicating this coverage, countersigned by an insurer licensed to do business in Wisconsin, covering the period of
this Contract. The insurance certificate is required to be presented prior to the issuance of the purchase order or before commencement of
the Contract. The State reserves the right to require higher or lower limits where warranted.
2.7
Invoicing: All purchase orders will be made out to the Contractor for that machine and not to a third party leasing company.
This means all billing will be done by and sent to the University by the Contractor and all payments by the State will be made to the
Contractor. Note: Agencies may make different invoicing arrangements as long as both the Printing Services Contact and Contractor are
in agreement. For all purchase orders directly sent to the Contractor: 1) The Contractor must submit the single location where all
invoices will originate from for purchase orders directly sent to them, 2) where all payments will be sent to, and 3) list a person to contact
who will correct Contractor billing problems. Contractors must submit an invoice on a monthly basis for actual copies/pages made, by
the 15th of the month for the previous month. Invoices shall itemize those elements of cost required and stipulated by the purchase
order. The Contractor must start charging for copies/pages from the first copy made. Failure of the Contractor to promptly and properly
invoice may be grounds for cancellation of the order and/or subsequent cancellation of this Contract. Billing totals must be rounded to
two decimal places. Note: Agencies may make different invoicing arrangements as long as both the Printing Services Contact and
Contractor are in agreement.
2.7.1
Maintenance: All maintenance and services must be provided only by a service dealer authorized by the manufacturer.
Service and maintenance must be provided by the contractor receiving the award this shall not be sub-contracted unless
approved in writing by the Printing Services Contact.
2.7.2
Invoicing: If separate purchase orders are issued for the lease agreement and the maintenance and supplies then two invoices
shall be processed. All invoices shall include the following items:
10
1. Customer Purchase Order Number
2. Customer Department Name
3. Invoice Date
4. Invoice Number
5. Itemized List of Added Accessories and their Pricing
6. Lease Contract Monthly Payment
7. Length of Contract
8. Maintenance per Copy Cost
9. Make and Model of Machine
10. Phone number and contact if there are invoice questions
11. Serial Number of Machine
12. Time Period of this Invoice
13. Total Cost of Invoice
14. Total Maintenance Cost
15. Total Lease Cost
16. Vendor Name
17. Vendor Order Number
18. Vendor Remit to Address
2.7.3
Invoicing Performance: The first time a written complaint from Printing Services Contact about billing is received by the
Contract Manager, the Contractor will be notified by telephone and/or letter warning the Contractor that there is a problem
with their billing department requiring compliance with the Contract conditions. The second time a documented billing
problem is received; the Contractor may be required to meet with the Contract Manager. The Contractor will be advised of
the possible consequences which may include cancellation of the Contract if there is any future billing problems. The third
time a documented billing problem complaint is received by the Contract Manager; the Contract may be cancelled.
2.7.4
Billing for Maintenance: Monthly billing for maintenance/supplies must be based on the actual number of copies made in
any given month multiplied by the cost per copy agreed to on the Contract.
2.8
Lease Terms: Should the University decide on a least agreement the choice will be between 36 month and 48 month lease terms for the
duplicator. The lease term will be consistent for all equipment awarded from this request for bid.
2.9
Literature: A copy of general specification sheets or literature for any product provided within this Contract must be included upon
delivery to University of Wisconsin-Eau Claire.
2.10 Loaner Machines: If a machine is down for more than THREE (3) working days, the Contractor must furnish a "loaner" like-for-like
replacement, until the university’s lease machine is repaired. (Like-for-like replacement = a machine in perfect working condition that
has the same approximate features and speed.)
2.11 Machine Evaluation Period: University of Wisconsin-Eau Claire will evaluate the performance of newly installed machines within 90
calendar days after installation. Lease payments will begin and continue through this period. However, if the Authorized User is
experiencing problems with the machine, the university need not continue payment for the machine until the problems have been
resolved. If machine performance is unacceptable or if the machine is not capable of handling the copy/print volume specified, the
Contractor must either provide a new replacement machine at no added cost or cancel the purchase agreement. If the new replacement
machine has unacceptable performance or is not capable of handling the volume the university may return the machine and cancel the
Purchase Order. The State of Wisconsin is the sole judge of what is acceptable machine performance.
2.12 Meter Readings: Contractors are required to accept meter readings by email, or, as agreed to between the Contractor and Printing
Services Contact. Contractors must send an email acknowledgement for all meter reading emails they receive from the State to indicate
the reading has been received. Meter averaging is not permitted unless the State fails to report their meter reading by the 7th of the
month for the previous month. Contractor must furnish an email address for agencies to report meter reading. Meter readings will be
11
emailed to the Contractor on the first of each month or as agreed to between the Contractor and Printing Services Contact. If Printing
Services Contact agrees to allow the Contractor to use the telephone or fax machine to report the meter readings instead of email, the
Contractor must wait until the month in question has passed before calling or sending a fax form (Example: Contractor calls for January
meter reading; the Contractor must not call earlier than February 1).
2.13 New Equipment: Only new equipment shall be furnished under this Contract. Machines listed as “Factory Produced New Model
Equipment” are not considered to be “new”.
2.14 Operating Manual: One (1) operating manual will be furnished for each individual piece of equipment ordered by the State. Manuals
may be provided on CD; however, the Contractor is required to furnish the manual as a hard copy or on floppy disk if requested. The
cost for all manuals is included in the equipment cost. Manual updates or revisions published by the Contractor must be provided free of
charge.
2.15 Lease Machines: The monthly lease cost, accessories cost, and maintenance cost must remain firm except for price decreases, for the
entire Contract ordering period. The per copy/page cost for maintenance includes all supplies, such as, toner, developer, maintenance
kits, toner waste containers, fuser oil, staples, staple wire, dispersant and any other consumable supply item necessary for the operation of
the machine except paper (maintenance cost does not include binding tape or glue binding material).
2.16 Parking: Contractors are responsible for all parking fees, permits, etc. when they visit a copier site for any reason. Parking permits are
available by contacting University Parking Office, room 106 Schneider Hall, phone number 715-836-2002. No additional costs will be
allowed for parking fees or violations.
2.17 Payment Terms: Standard payment terms are net 30 days from product delivery or invoice receipt, whichever is later. The University
must meet a statutory mandate to pay or reject an invoice within 30 days of receipt of a properly submitted invoice. Please refer to the
Terms and Conditions 2.12-2.12.4 for more information on Payment Terms.
2.18 Performance Guarantee: The State requires an UP TIME GUARANTEE on the machines stated in this Contract of at least 95% during
every calendar month. Downtime is calculated from the time the Printing Services Contact places the call, and ends when the machine is
up and running, and is based on the machine being inoperative, the copies/pages made are unusable, or, a major feature is not usable (i.e.
document feeder, auto duplexing, finisher). The State is the sole judge of what is considered downtime. (A calendar month consists of
normal business hours Monday through Friday; Wisconsin legal holidays are exceptions which means there are 8.7 working hours of
downtime allowed each month on average.) If any machine fails to meet this 95% up time requirement for one month, the State may
require the Contractor to do a like-for-like replacement of that machine. If, within 90 days after installation, the replacement machine
also fails to live up to the 95% performance guarantee, the Contract may be cancelled for that machine and the Contractor will be
required to remove their machine. Also, the State requires that the "Up Time Guarantee" remain in force for as long as the university
maintains a continuous maintenance agreement with the Contractor. Example: If a machine is operational 80% of the time during a given
month, then the downtime credit will be 20% of the monthly invoice cost. If the up time is 95% or greater, then no credit is required.
2.19 Post-Order Customer Service: The Contractor(s) must provide University Contact a single, local point of contact (and a backup) to
handle questions and resolve problems that arise. At least one Customer Service Representative must be available Monday through
Friday (excluding State-designated legal holidays) from 8:00 AM to 5:00 PM Central Time. All service representatives must have online
access to information to provide immediate response to inquiries concerning the status of orders (shipped or pending), delivery
information, back-order information, State-wide Contract pricing, Contracted product offerings/exclusions, Contract compliance
requirements, and general product information. Representatives must be available by phone, fax, or email (local or 800 # preferred).
State agencies must use purchase orders when buying/leasing copiers.
2.20 Quality Assurance and Warranty: Warranty shall start on Installation. The State reserves the right to require replacement for poor
performance of an existing machine anytime during the Contract period. This warranty applies to all machines included in this award. If
there is a disagreement between the university and the Contractor the State Bureau of Procurement will be the final authority.
2.21 Response Time (General Communications): The Contractor will respond to all sales and general communications not later than the
next business day.
2.22 Response Time (Service Calls): The Contractor must respond to all service calls by having a service technician on-site within four (4)
hours. Technical telephone support calls shall be returned to Printing Services Contact within twenty-four (24) hours of the contractor’s
receipt of voice or e-mail contact.
2.23 Return of Product: Any equipment delivered in poor condition, in excess of the amount authorized by the requisition form or not
included on the requisition form or purchase order may, at the discretion of the Printing Services Contact, be returned to the Contractor’s
warehouse at the Contractor’s expense within 30 days. Credit for returned goods must be made immediately once Contractor receives
returned goods. If any product is returned to a Contractor for failure of performance, the Contractor must, at the State’s discretion, refund
all amounts paid to the Contractor for such product or replace the product, and the following must apply: within twenty (20) days of
written notification by the Printing Services Contact, the Contractor must make arrangements for the return of the product, the Contractor
must bear all shipping and insurance costs, and the Contractor will be liable for damages to the product, unless caused by fault or
negligence of the University that occur during the return process.
12
2.24 Security Deposits: The State will not pay security deposits for any machine on this Contract.
2.25 State Paper: The State of Wisconsin uses recycled paper in virtually all machines on this Contract. Machines on this Contract are
REQUIRED to run recycled paper available through mandatory State Contract(s). All machines must perform to the State's satisfaction
using State supplied RECYCLED FIBER xerographic bond paper or VIRGIN FIBER xerographic bond paper. Minimum specifications
for paper quantities on all levels are based on 20lb. sulphite paper.
2.26 Software Upgrades: All connected machines must come fully equipped with all necessary software. As long as a connected machine is
on a continuous maintenance Contract, all future software upgrades for fixes and minor enhancements must be furnished to the State and
installed free of charge. Also, all future software upgrades must be furnished and installed free of charge to any copier that is acquired as
a standalone copier and then connected at a later date. Software upgrades that add functionality may be added at a negotiated cost only
with the permission of the Authorized User. Contractor software must be available to the University that is compatible to the
University’s operating system software even if that software is revised or replaced in the middle of a Contract period.
2.27 Taxes: All property taxes incurred on leased machines during the entire lease period are the responsibility of the Contractor to
pay for and not the State. This means Contractors must not submit invoices for Property Taxes for any leased machine on this
Contract.
2.28 Training And Technical Assistance: Contractor must have staff able to provide technical assistance and training to University staff,
including problem solving, machine operation, etc. Contractor must have ready access to manufacturers' technical resources for
problems that are beyond the ability of the Contractor’s sales service staff. An operator training program must be provided by the
Contractor. Following installation, a primary operator and back-up operator must be trained. This training must be done on-site. If the
State is to be charged for the cost of training, this cost must be included in the quoted unit costs. Additional training sessions may be
requested by the University Contact. Contractors must furnish technical assistance in the operation and maintenance of machines on
request. Such assistance shall be available within 24 hours and without additional cost.
3.0 Indemnification and Liquidated Damages
3.1 Indemnification. Contractor shall hold the State harmless and shall indemnify the State and its agencies and employees against any and all
claims, suits, actions, liabilities and costs of any kind, including attorney's fees, for personal injury or damage to property arising from the acts
or omissions of the Contractor, its agents, officer, employees or subcontractors. Contractor shall not be liable for any injury or damage as a
result of any negligent act or omission committed by the State.
3.2
Liquidated Damages: The State may assess Liquidated Damages for the following reasons:
3.2.1
Invoicing:
 If the Contractor does not invoice by the 15th of the month or invoice by the schedule agreed to between the Contractor
and Authorized Users, the Authorized User may deduct up to ten percent (10%) of the invoice cost as liquidated
damages.
 If the Contractor fails to invoice within sixty (60) calendar days after the end of the month, the Authorized User may
deduct up to twenty-five percent (25%) of the invoice cost for liquidated damages.
 Contractor shall have sixty (60) calendar days to correct any invoice problem. If the Contractor fails to correct an
invoice problem within that time period, the Authorized User may assess ten percent (10%) of the invoice value as
liquidated damages, to help cover the Authorized User’s cost of handling the problem.
Note: Documentation of each invoice problem is the responsibility of the Contract Manager.
3.2.3
Property Tax Invoicing:
 Each time an invoice is received for Property Taxes, Liquidated Damages of $50.00 may be assessed against that
contractor
3.2.4
Machine Removal at the End of the Contract Period for Leased Machines:
 For every month a leased machine is not removed, the agency may assess a liquidated damage charge of $100. Also, if
the machine has not been removed at the end of the two months the agency may dispose of the machine any way they
wish to and charge the contractor actual costs incurred to have the machine removed.
3.2.5
Assessment:
 Liquidated Damages shall be assessed upon the Contractor’s receipt of notice from the State of the amount of the
assessment by deducting the assessment amount from the Contractor’s next invoice.
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4.0
Termination
4.1
Termination for Convenience: The State may terminate this Contract at any time, without cause, by providing a written notice to
Contractor at least sixty (60) days in advance of the intended date of termination. Notice of termination of this Contract shall not affect
any outstanding orders.
4.2
Termination for Cause: Either party may terminate this Contract for failure by either party to perform its material obligations provided
1) the terminating party has given the other party written notice with proof of delivery from an overnight delivery service or certified
mail return receipt requested and a ten (10) business-day opportunity to cure, and 2) the party receiving the notice has not cured its
failure to perform its material obligations.
If either party breaches this Contract in any respect, the non-breaching party shall provide written notice of such breach to the breaching
party and afford the breaching party an opportunity to cure the breach within ten (10) days from the date that the breaching party
receives such notice. The notice may include an effective termination date if the breach is not cured by that date and, unless otherwise
modified by the non-breaching party in writing prior to the termination date; no further action shall be required of any party to effect the
termination as of the stated date. If the notice does not set forth an effective termination date, then the non-breaching party may
terminate this Contract by giving the breaching party no less than twenty four (24) hours' written notice.
4.3
Non-Appropriation of Funds: This Contract shall be terminated without penalty upon failure of the Legislature to appropriate funds
necessary to carry out its terms.
Upon termination of this Contract, all rights, duties and obligations hereunder shall be null and void, so that no party shall have any
further rights, duties or obligations to any other, except with respect to sections 1 and 6, which shall survive termination of this Contract.
5.0
Pricing
5.1 Digital Duplicator: All pricing for lease agreements and maintenance/supplies must remain firm for the term of the lease contract.
5.2 Price Decreases: The Contractor is required to pass along any price decreases to the State. Any price decrease from the Manufacturer of
the product or passed along to the Contractor shall be passed through to the State immediately. Failure to notify the State of a decrease
may result in cancellation of this Contract. Price decreases shall be maintained on the general announcements page of the State’s specific
website.
6.0
Additional Information:
6.1 Cooperative Purchasing. In addition to the University of Wisconsin-Eau Claire, all University of Wisconsin-System campuses, State of
Wisconsin agencies, and all Wisconsin Municipalities shall be eligible to receive conditions and pricing developed through the award of a
contract.
6.2 Freight Policy. All shipments shall be F.O.B. destination. Contractor shall file and expedite all freight claims with the carrier.
Contractor shall pay title and risk of loss or damage charges. Emergency/rush delivery requiring special shipping and handling shall be at
Authorized Users' expense (with prior written approval only). Rush delivery that occurs as a result of Contractor’s error shall be free of charge.
6.3 Quality Assurance and Warranty Guarantee. The Contractor(s) should guarantee its products to be free from defects in materials and
workmanship, given normal use and care, over the period of the Manufacturer’s warranty. The Contractor(s) should agree to repair and/or
immediately replace without charge (including freight both ways) to the university any product or media that proves to be defective or fails
within the warranty period as specified.
6.4 Return of Product. Any materials delivered in poor condition, in excess of the amount authorized by the requisition form or not included
on the requisition form or purchase order may, at the discretion of the Authorized Users, be returned to the Contractor’s warehouse at the
Contractor’s expense within 30 days. Credit for returned goods should be made immediately once Contractor receives returned goods.
If any product is returned to a Contractor for failure of performance, the Contractor should, at the State’s discretion, refund all amounts paid to
the Contractor for such product or replace the product, and the following should apply:

Within twenty (20) days of written notification by the Authorized User, the Contractor should make arrangements for the return
of the product.

The Contractor should bear all shipping and insurance costs.

Contractor should be liable for damages to the product, unless caused by fault or negligence of the Agency that occur during the
return process.
14
The university should be responsible for all costs associated with the preparation of the product for shipping, and all shipping costs to the
Contractor’s nearest service location, if the product is returned to the Contractor for any other reason.
6.5 Contacts. Technical questions regarding the equipment included in this request for proposal should be directed to Mike Alred at 715-8363883. Contact Steve Slind if you have questions regarding the content of this request for proposal.
6.6 Proposal Response Requirements
6.6.1 Request for Bid form (2 copies)
6.6.2 Requirements and Specifications Answer form (2 copies)
6.6.3 Itemized Bid form (2 copies)
6.6.4 Affidavit (2 copies)
6.6.5 Product Brochure (2 copies)
6.6.6 List of at least three (3) references for equipment and maintenance/supplies (2 copies)
6.6.7 Wisconsin Cooperative Purchasing Service
6.7 Equipment Demonstration. Printing Services may request a demonstration of the Digital Duplicator may be requested, to be arranged by
the vendor and at no cost to UWEC Printing Services.
6.8 Known to Meet the Minimum Specifications. Manufacturers and Models: Riso RZ990; Duplo DP S850; Standard SD 700
15
August 24, 2009
University of Wisconsin-Eau Claire
Request for Bid SS-1002
Digital Duplicator
Requirements and Specifications Form
Meets Requirements/Specifications
Yes
No
Master Making method-High Speed digital master making/fully automatic stencil print technology
Scanning area (Min.) 11.5” x 17”
Print paper size (Min.) 4 x 6
(Max.) 12.5 x 17
Paper supply capacity (Min.) 1000 sheets of 20# bond
Print paper weight (Min.) 20# bond (Max.) 110# card stock
Resolution Scanning 600x600dpi and Printing 600x600dpi
Printing area (Min.) 11.25x16.5
Enlargement/reduction 50% to 200%
Print Speed between 120 to 180 pages per minute
Ink supply fully automatic in cartridge
Master roll fully automatic approximately 200 per roll
Master Disposal Approximately 100 sheets
LCD touch sensitive panel with progress arrow indicators
Power source 120v
PC connected to send files to digital duplicator for print, or scan on glass and print
1 Black print drum to be included in bid price
1 carton of masters to be included in bid price
Additional print drums must be available at additional cost
Regular stocked and special PMS ink colors must be able to be ordered
36 or 48 month lease must be available from vendor (no third party in lease)
Standard connection to one PC must be included in the bid price (USB connectable print driver for use
with one PC directly to be included in bid price
Installation and training is available and is included in bid price
Stand is included in bid price
A demonstration of the Digital Duplicator may be requested, of the bidder, this would be at no cost to
UWEC Printing Services
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16
August 24, 2009
University of Wisconsin-Eau Claire
Digital Duplicator
Request for Bid SS-1002
Reference List
Bid Requirement 6.6.6
List a minimum of three (3) references one (1) must be a local reference; that your company is leasing or has sold similar copy equipment to.
Include the institution/company name; contact name; phone number; fax number; and e-mail address if available. Please list the brand and
model that each reference is using. You may attach your list to this sheet.
(Can be a national customer if no locals are available)
One
Company Name: ___________________________________
Contact Name: _____________________________________
Phone Number: __________________________Fax Number: _______________________________
E-mail Address: ____________________________________
Equipment Manufacturer: ____________________________ Model: _________________________________
Two
Company Name: ___________________________________
Contact Name: _____________________________________
Phone Number: __________________________Fax Number: _______________________________
E-mail Address: ____________________________________
Equipment Manufacturer: ____________________________ Model: _________________________________
Three
Company Name: ___________________________________
Contact Name: _____________________________________
Phone Number: __________________________Fax Number: _______________________________
E-mail Address: ____________________________________
Equipment Manufacturer: ____________________________ Model: _________________________________
17
August 24, 2009
University of Wisconsin-Eau Claire
Digital Duplicator
Request for Bid SS-1002
Itemized Bid Form
Item
Price
Item Quantity
Description
1
Digital Duplicator, including Stand, One (1) Print Drum
And One (1) Carton of Masters, Purchase
Manufacturer: _________________________________
1 each
$________
Model: _______________________________________
Same as above on a 36 month lease
$________ per month
Same as above on a 48 month lease
$________per month
2
1 each
Deliver and Installation
$________
3
1 each
Staff Training
$________
4
1 each
Maintenance/Service Contract
$________ per click
Is Maintenance and Service: ___Required ___Optional
Hourly Rate for Service if University of Wisconsin-Eau Claire does not have maintenance/service contract in place
with the vendor: $ ___________per hour
Cost of Consumables and Optional Accessories:
Price
Minimum Order
Color Drum
$__________each
__________
Black Ink
$__________each
__________
Standard Color Ink
$__________each
__________
Special Mix PMS Colors
$__________each
__________
Carton of Masters
$__________each
__________
Envelope Feeder
$__________each
Model Number: __________________
Envelope Conveyer
$__________each
Model Number: __________________
18
Bidder Information:
Company Name: ____________________________________
Address: ___________________________________________
Address: ___________________________________________
Phone: _____________________
Fax: ________________________
Authorized Signature: __________________________________
__________________________________
Print Name
Title: ________________________________________________
Customer Service and Maintenance Contact Person: ____________________________________
Phone: _____________________
Fax: _________________________
E-mail: _____________________
19
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