State of Wisconsin Wis. Statutes s.16.75 DOA-3070 (R08/2003) BIDS MUST BE SEALED AND ADDRESSED TO: AGENCY ADDRESS: CHARLENE ORSTED/ PROCUREMENT SPECIALIST DEPARTMENT OF CORRECTIONS 3099 E WASHINGTON AVENUE P.O. BOX 7991 MADISON WI 53707 7991 REQUEST FOR BID 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 #CO-2282. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award. Bids MUST be in this office no later than THIS IS NOT AN ORDER BIDDER (Name and Address) September 18, 2009 12:00 PM CT Name (Contact for further information) Charlene Orsted Phone Date 608-240-5583 September 9, 2009 Quote Price and Delivery FOB Destination Item No. Quantity and Unit Fax bids are accepted Price Per Unit Total Price Installed Description The Department of Corrections, Division of Juvenile Corrections is requesting bids for the purchase and installation of Three (3) Gas, Convection, Double Deck Ovens at Ethan Allen School per the attached specifications, terms and conditions. Bid prices must include all packing, freight, removal of existing gas ovens and debris, insurance costs, set up/assembly, installation, Equipment operation and maintenance manuals, and one parts catalog. (See attached Cost Submittal Information Sheets) Before submitting this bid, be sure to include all requirements listed in Section 2.4 and 7.0. Payment Terms after installation: Net 30 Delivery Time: per specifications We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids. We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605. Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States. Yes No Unknown In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid. Name of Authorized Company Representative (Type or Print) Title Signature of Above Date Phone ( ) Fax ( ) This form can be made available in accessible formats upon request to qualified individuals with disabilities. RFB #CO-2282 Gas Convection Ovens Due Date: September 18, 2009 Page 2 of 23 STATE OF WISCONSIN REQUEST FOR BID (RFB) # CO-2282 FOR: Gas, Convection, Double Deck Ovens for Ethan Allen School TABLE OF CONTENTS DEFINITIONS 1.0 INTRODUCTION, PURPOSE, AND SCOPE 2.0 BID PROCEDURES AND INSTRUCTIONS 3.0 BID ACCEPTANCE, EVALUATION AND AWARD 4.0 TECHNICAL AND SERVICE REQUIREMENTS 5.0 SUPPORT REQUIREMENTS 6.0 STANDARD TERMS AND CONDITIONS 7.0 REQUIRED FORMS AND ATTACHMENTS ATTACHMENTS RFB #CO-2282 Gas Convection Ovens Due Date: September 18, 2009 Page 3 of 23 DEFINITIONS: The following definitions are used throughout the bid: ARO: After Receipt of Order ARRA: American Recovery and Reinvestment Act of 2009 BCE: Bureau of Correctional Enterprises Bidder: Firm submitting a bid in response to this Request for Bid Contractor: Successful vendor awarded the contract CFR: Code of Federal Regulations DAI: Division of Adult Institutions, administration of all state correctional incarceration facilities except those Juvenile facilities operated by Division of Juvenile Corrections – headquartered at DOC Central Offices, 3099 E Washington Ave., Madison, WI DCC: Division of Community Corrections, supervises offenders outside secure facilities DJC: Division of Juvenile Corrections, operates the three correctional ‘schools’ – headquartered at DOC Central Offices, 3099 E Washington Ave., Madison, WI DOA: Department of Administration has statutory authority [WI Stats. Chapter 16] to define, regulate and delegate all aspects of procurement of commodities and services for state agencies. DOC: Department of Corrections, also referred to as the department or the DOC – headquartered at DOC Central Offices, 3099 E Washington Ave., Madison, WI EAS: Ethan Allen School, W323 S1050 Boys School Road, Delafield, WI, 53018 EPA: Environmental Protection Agency FSA: Food Service Administrator UL: United Laboratory MBE: Minority Business Enterprise OEM: Original Equipment Manufacturer Offender: Person under the custody or supervision of the Wisconsin Department of Corrections P-Card: Procurement Card (State credit card) Purchasing: Department of Corrections’ Purchasing Services Section RFB: Request for Bid State: State of Wisconsin Vendor: Firm submitting a bid in response to this Request for Bid WCCS: Wisconsin Correctional Center System, a system of small minimum security centers located around the state which offer work-release options to offenders to prepare them for release WCW: Waupun Central Warehouse WWCS: Wisconsin Women’s Correctional System Must: Shall: Should: Requirement is mandatory Requirement is mandatory Desired but not mandatory RFB #CO-2282 Gas Convection Ovens 1.0 Due Date: September 18, 2009 Page 4 of 23 INTRODUCTION, PURPOSE, AND SCOPE 1.1 PURPOSE OF THIS REQUEST FOR BID The Department of Corrections, hereinafter referred to as the "DOC," through its Purchasing Services Section, hereinafter referred to as "Purchasing," on behalf of the Division of Juvenile Corrections, hereinafter referred to as "DJC," request bids for the purchase of three Gas, Convection, Double Deck Ovens for the Ethan Allen School, hereinafter referred to as “EAS”. The purpose of this request for bid, hereinafter referred to as “RFB,” is for the purchase and installation of three (3) ovens at EAS located at W323 S1050 Boys School Road in Delafield Wisconsin 53183. The RFB requires the removal and disposal of the existing three gas convection ovens at EAS. 1.2 CONTRACT TERM The resulting contract shall be effective on the date of execution, which shall be the date of award. The contract period shall be for one year. There are two, one year extension options available upon mutual consent by both parties. 1.3 EXECUTED CONTRACT TO CONSTITUTE ENTIRE AGREEMENT In the event of contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, and the bid of the successful bidder, and additional terms agreed to in writing, by the DOC and the contractor shall become part of the contract. Failure of the successful bidder to accept these as a contractual agreement may result in the cancellation of award. The following priority for contract documents will be used if there are conflicts or disputes. Standard Terms and Conditions (Form DOA-3054) Official State of Wisconsin Purchase Order Bidder’s written bid documents State of Wisconsin Request for Bid, including any addendums Other exhibits/attachments Successful Bidder(s) should retain a copy of this DOC Request for Bid document, bid addendums, purchase order and their own response to the RFB solicitation, as it becomes part of the awarded contract. 1.4 CANCELLATION AND TERMINATION This Contract may be terminated for the following conditions: 1.4.1 The DOC may terminate the Contract at any time, with or without cause and without penalty by delivering thirty (30) days written notice to the Contractor. 1.4.2 The DOC has a Vendor Performance Evaluation process for soliciting feed-back from contract users about vendor performance and compliance with contract specifications. Vendor noncompliance with the terms, conditions or specifications that is persistent and/or significantly impacts the quality and performance provided pursuant to the contract may be considered breach of contract. Negative Vendor Performance Evaluation Surveys may result in non-renewal or termination of contract. 1.4.3 If at any time the Contractor performance threatens the health and/or safety of the DOC, the DOC has the right to cancel and terminate the Contract without notice. 1.4.4 Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in #23 of the Standard Terms and Conditions, the DOC has the right to cancel and terminate the Contract without notice. RFB #CO-2282 Gas Convection Ovens 1.5 Due Date: September 18, 2009 Page 5 of 23 1.4.5 If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed and such appointment is not vacated within 90 calendar days, the DOC has the right, in addition to any other rights of whatsoever nature that it may have at law or inequity, to terminate the Contract by giving 10 calendar days notice in writing of such termination. 1.4.6 Failure of the DOC to comply with contract terms, conditions or specifications shall provide the sole cause for which the Contractor is entitled to terminate the contract. The Contractor shall notify the Department in writing within thirty (30) days after the Contractor becomes aware of the alleged noncompliance with a complete description of the same. If the DOC does not, within forty-five (45) days after its receipt of the Contractor’s notice, either (1) effect a cure or (2) if the noncompliance is not one that can reasonably be cured within forty-five (45) days, develop a plan to cure the noncompliance and diligently proceed according to that plan unto a cure is effected, then the Contractor may terminate the Contract for cause by written notice to the DOC. The Contractor may not terminate the Contract without cause unless written consent to do so is provided by the DOC. VENDORNET REGISTRATION Department of Administration and State Bureau of Procurement policies no longer require maintenance of bidder’s lists or individual notification of vendors on bidders’ lists. In addition, there is no requirement to post solicitations for bids/proposals in the Legal Notices of the Official State Newspaper. Vendors who fail to register with VendorNet may not receive notification of procurement solicitations. The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies, commodities and services that the state buys, and tips on selling to the state. Vendors may use the same Web site address for inclusion on the bidders list for commodities and services that the organization wants to sell to the state. A subscription with notification guarantees the organization will receive an e-mail message each time a state agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $25,000. Organizations without Internet access receive paper copies in the mail. Increasingly, state agencies also are using VendorNet to post simplified bids valued at $25,000 or less. Vendors also receive e-mail notices of these simplified bid opportunities. To obtain information on the state’s bidder registration, 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, call 608-264-7898. Make sure to select all the appropriate NIGP (Commodity) Codes. Bid lists are generated by NIGP codes. Consider using a generic email address that is accessed or delivered to multiple recipients (example: [email protected]). This will insure that the bid notice is received. Annually an email will be sent to renew bidder registration. Failure to renew the registration will remove bidder from the VendorNet bidders list. 2.0 BID PROCEDURES AND INSTRUCTIONS 2.1 REASONABLE ACCOMMODATIONS The DOC will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If accommodations at a bid opening/vendor conference are needed, contact Charlene Orsted via telephone at 608-240-5583 or email at [email protected] RFB #CO-2282 Gas Convection Ovens 2.2 Due Date: September 18, 2009 Page 6 of 23 BID SUBMITTAL Bidders must submit one original bid, marked as such, of all materials and documents required (see section 2.4 and 7) for acceptance of their bid. Receipt of a bid by the State mail system does not constitute receipt of a bid by the Purchasing Services Section, for purposes of this RFB. Use one of the options below for return of the bid. The Bid(s) must be received at the Purchasing Services Section, at the office listed below, no later than September 18, 2009 at 12:00 PM Central Time. Any bids received after that time and date will be rejected for award consideration. USPS ADDRESS CHARLENE ORSTED/PURCHASING SERVICES DEPARTMENT OF CORRECTIONS PO BOX 7991 MADISON WI 53707-7991 COMMON CARRIER ADDRESS CHARLENE ORSTED/ PURCHASING SERVICES DEPARTMENT OF CORRECTIONS 3099 EAST WASHINGTON AVE MADISON WI 53704-4338 FAXING: (608) 240-3342 E-MAILING: Emailed bids are NOT accepted. All bids (except for those faxed) must be packaged, sealed, and show the following information on the outside of the package: Vendor’s Name and Address Request for Bid Title Request for Bid Number Bid Due Date and Time 2.3 CALENDAR OF EVENTS Listed below are important dates and times by which actions related to this Request for Bid (RFB) must be completed. In the event that the State finds it necessary to change any of these dates and times it will do so by issuing an amendment to this RFB, unless the event is listed as estimated or approximate DATE September 9, 2009 September 15, 2009 September 16, 2009 September 18, 2009 at 12:00 PM CT September 21, 2009 15 days after contract award October 21, 2009 October 21, 2009 2.4 EVENT RFB posting date Last day for submitting written questions Answers to written questions posted on VendorNet Bids due from vendors Estimated Award Date Contractor’s Affirmative Action Plan or exemption is due to DOC Deadline for Completion of Equipment Installation Deadline for Final Invoices arrival at EAS FORMAT OF BID Responses to this RFB must comply with the following format requirements (reference Section 8): 2.4.1 SIGNED REQUEST FOR BID FORM DOA-3070– Cover sheet of this RFB Include here the signed Request for Bid form included with the bid and those certifications required for submittal of a bid. Bids submitted in response to this RFB must be signed by the person in the vendor's organization who is responsible for the prices being offered in the bid response. 2.4.2 COST SUBMITTAL INFORMATION There are two Cost Submittal Information Sheets. One sheet is for the removal, purchase and installation of one oven. The other sheet is for the removal, purchase and installation of three ovens. You can submit bids for one or both of the purchasing scenarios. For each of the product specifications, services and bidder qualifications listed, bidder must indicate which will be met with the equipment and services being offered by the vendor with their bid response. Bidders must RFB #CO-2282 Gas Convection Ovens Due Date: September 18, 2009 Page 7 of 23 submit the total cost for the purchase of the oven(s) on each of the Cost Submittal Information Sheets. All costs to remove the existing gas oven(s), dispose of equipment properly, deliver new equipment, insurance, install the new oven(s), provide start up and check of equipment, provide equipment operation training, provide operations and maintenance manuals and parts manuals shall be included in the bid price, in accordance with the terms and conditions of this RFB. 2.4.3 VENDOR INFORMATION DOA-3477 Provide ALL vendor company contact information as requested accurately on the form. Without complete and accurate information, we won’t be able to generate a purchase order. 2.4.4 AFFIDAVIT DOA-3476 (MBE/AMERICAN MADE) Indicate on affidavit DOA-3476 if Vendor Company is claiming to be a Minority Business Enterprise, hereinafter referred to at “MBE,” certified by the State of Wisconsin, Dept of Commerce; or a Work Center certified by the State Use Board. Indicate if products are Americanmade and sign the non-collusion clause. 2.4.5 DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION DOA-3027 Information submitted as part of this bid is open to public inspection after award determination has been made. Submitted bid documents which are proprietary and confidential in nature that qualify as a trade secret, may be kept confidential under the Wisconsin Open Records Law – Section 19.36(5), Wis. Stats. Complete and sign the attached form. 2.4.6 WISCONSIN’S COOPERATIVE PURCHASING SERVICE DOA-3333 Vendors are encouraged to extend the contract resulting from this RFB to local governments in Wisconsin. Indicate your willingness to allow Wisconsin municipalities to participate in this contract by completing Form DOA-3333, Wisconsin’s Cooperative Purchasing .Services 2.4.7 VENDOR REFERENCE DOA-3478 Complete the Vendor Reference form with four vendors that your company has done business with providing product/ services. Include the company name, address, contact person and telephone number along with a brief description of the product/service provided. 2.4.8 STATE OF WISCONSIN TERMS AND CONDITIONS DOA-3054 The standard terms and conditions shall govern this RFB and subsequent award. 2.4.9 ADDITIONAL INFORMATION Awarded Vendor shall provide Certificate of Insurance to meet requirements of the Standard Terms and Conditions Section 23.0, Insurance Responsibility. Enclose warranty documents with the bid response. Include additional information that will be essential to an understanding of your bid response. This might include diagrams, excerpts from manuals, or other explanatory documentation that would clarify and/or substantiate the bid. 2.5 MULTIPLE BIDS Multiple bids from a vendor will be permissible, however each bid must conform fully to the requirements for bid submission. Each such bid must be separately submitted and labeled as Bid #1, Bid #2, etc. on each page included in the response. Alternate acquisition plans do not constitute multiple bids. 2.6 INCURRING COSTS The State of Wisconsin is not liable for any cost incurred by a vendor in the process of responding to this RFB. RFB #CO-2282 Gas Convection Ovens 2.7 Due Date: September 18, 2009 Page 8 of 23 QUESTIONS, CLARIFICATIONS AND/OR REVISIONS THROUGH DESIGNATED CONTACT All communications and/or questions regarding this request must be written and submitted via e-mail, Fax, USPS mail or hand delivery to the Purchasing Services Section. If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, they have until September 15, 2009 to notify, in writing, the Purchasing Agent at the address shown below of such error and request clarification of the RFB document. All written questions will be responded to in writing and posted on VendorNet for all bidders on September 16, 2009. CHARLENE ORSTED / PURCHASING SERVICES DEPARTMENT OF CORRECTIONS PO BOX 7991 MADISON WI 53707 7991 [email protected] Fax Number: (608) 240-3342 From the date of release of this RFB through the entire RFB process, all contacts with the DOC regarding this RFB shall be made through Charlene Orsted in the DOC Purchasing Services Section. Violation of this condition may be considered sufficient cause for rejection of a bid, irrespective of any other considerations. This contact restriction will be lifted after the RFB is awarded. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, addendums(s) will be posted on VendorNet. Each bid shall stipulate that it is predicated upon the terms and conditions of this RFB and any addendum(s) thereof. 3.0 BID ACCEPTANCE, EVALUATION AND AWARD 3.1 BID OPENING Bids will be opened on September 18, 2009 at 12:00 PM Central Time as indicated on the Request for Bid Form (DOA-3070) at 3099 East Washington Ave. Madison, WI 53704 Purchasing Services Section room. Names of the responding bidders shall be read aloud at that time. No other information will be provided. 3.2 BID ACCEPTANCE Bids which do not comply with instructions, or are unable to comply with specifications contained in this RFB, may be rejected by the State. The State retains the right to accept or reject any or all bids, or accept or reject any part of a bid deemed to be in the best interest of the State. The State shall be the sole judge as to compliance with the instructions contained in this RFB. 3.3 BID EVALUATION Bids will be evaluated by the DOC's purchasing agent and program manager to verify that they will meet all specified requirements in this RFB. This verification may include requesting reports on the vendor's financial stability, conducting demonstrations of the vendor's proposed product, and reviewing results of past awards to the vendor by the State of Wisconsin. The decision to purchase one oven or three will be made during the bid evaluation process. FAILURE TO MEET A MANDATORY REQUIREMENT SHALL DISQUALIFY THE BID. However, if no bidder is able to comply with a given requirement, condition of bid or provide a specific item, Purchasing Services reserves the right to delete that requirement, condition of bid or item. 3.4 METHOD OF AWARD Award shall be made on the basis of the lowest total installed price from a responsive, responsible bidder meeting bid specifications and requirements, which is judged to be in the best interest of the RFB #CO-2282 Gas Convection Ovens Due Date: September 18, 2009 Page 9 of 23 DOC. Timeliness of delivery and installation will be used in evaluation of bid submittals. The DOC reserves the right to accept or reject any and all bids in whole or in part. 4.0 3.5 MINORITY BUSINESS ENTERPRISE Bids from certified Minority Business Enterprises may be provided up to a five percent (5%) bid preference in accordance with Wis. Stats. s. 16.75(3m). 3.6 NOTIFICATION OF AWARD The successful bidder will be notified of the award by Charlene Orsted. TECHNICAL AND SERVICE REQUIREMENTS The following specifications are the minimum specifications of the product desired. If not bidding on all particulars as specified, the bidder may offer the product they believe to be an “equal” alternate product. Any alternate product(s) bid must be clearly identified by manufacturer and model or stock number with adequate detailed product information to establish equivalency. Failure to provide alternate product information in the bid response may result in disqualification of the bid. The DOC will be the sole judge of equivalency and acceptability. No revisions to this bid may be made unless in the form of an official addendum issued by the DOC, Purchasing Services Section. 4.1. BIDDER QUALIFICATIONS Bidder must be an original manufacturer, authorized distributor, or dealer authorized by oven manufacturer. 4.2 SPECIFICATIONS 4.2.1 Furnish and install Natural Gas, Convection, Double Deck, Deep Depth Ovens at EAS 4.2.2 When bidding for three ovens, all ovens will be the same manufacturer and model or stock number 4.2.3 Ovens must be new 4.2.4 Stainless steel front, sides and top with a porcelain cavity 4.2.5 Dependent 60/40 doors, flush mounted, with windows 4.2.6 Six (6) inch to seven (7) inch legs 4.2.7 Four low profile casters for each oven. Front two casters on each unit with brakes. 4.2.8 Each stacked unit utilizes Two (2), 120 volt electrical outlets 4.2.9 Each stacked unit must have Two (2), Six (6) feet to Seven (7) feet electrical cords with NEMA #5-15P standard electrical plugs. 4.2.10 Input Rating of 120,000 BTU per hour 4.2.11 One (1), One inch NPT gas inlet for each stacked oven unit 4.2.12 ANSI approved connectors for moveable gas appliances 4.2.13 ANSI approved one handed quick-disconnect devices for use with gas fuel 4.2.14 Thermal Sensor Automatic gas flow shut off 4.2.15 Interior oven dimensions of 29-30” Width X 24-25” Height X 28-29” Depth 4.2.16 Exterior oven dimensions, with low profile casters, 38-39” Width X 68-69” Height X 44-45” Depth 4.2.17 Electrical Ignition 4.2.18 Timer 4.2.19 Convection cooking with two speed fan. 4.2.20 Two (2) copies of operations and maintenance manuals 4.2.21 One (1) copy of parts manuals 4.2.22 Ovens shall carry UL and NSF seals of approval 4.2.23 Meet requirement of ANSI Z223.1/NFPA 54 – National Fuel Gas Code 4.2.24 Units shall be warranted free from factory defect for eighteen (18) months. Warranty to include parts, labor and travel time, and service provided by factory authorized personnel 4.2.25 Ovens shall be Energy Star rated 4.3 INSTALLATION REQUIREMENTS AND RESPONSIBILITIES OF EAS 4.3.1 EAS will provide for construction of protective barriers around work area 4.3.2 EAS will make any needed repairs to floor tiles RFB #CO-2282 Gas Convection Ovens Due Date: September 18, 2009 Page 10 of 23 4.4 INSTALLATION REQUIREMENTS AND RESPONSIBILITY OF VENDOR 4.4.1 The complete installation must be completed by Wednesday, October 21, 2009. Funding is being received from the American Recovery and Reinvestment Act of 2009, herein after referred to as “ARRA”, which dictates the installation completion date. This timeline is not flexible. The project is to be completed 10 days after it commences. 4.4.2 The oven(s) being replaced are in an operating kitchen. The work schedule will need to be coordinated with Andre Vaccaro, Food Service Administrator, herein after referred to as the “FSA”, at (262) 646-3341, ext #231. Available work hours are 0700 – 1630 hours on Monday through Friday. Other work times may be arranged with prior notification. No work can be scheduled at EAS on October 12, 2009 which is a DOC Furlough day. 4.4.3 Vendor will contact Andre Vaccaro, FSA at (262) 646-3341, ext #231 to schedule the disconnection and removal of the existing oven(s) by licensed professionals (Plumber, Electrician, etc.). Staff names, photo-copies of driver licenses and professional licenses will be faxed to (262) 646-3761, to allow EAS security to complete criminal background checks. A minimum advance notice of 2 business days is required. This date will establish the expected date of installation and training completion. 4.4.4 Vendor will disassemble the existing oven(s) and remove from the premises and dispose of properly. 4.4.5 Vendor shall contact Andre Vaccaro, FSA at (262) 646-3341, ext #231 to schedule the oven installations. Staff names, photo-copies of driver licenses and professional licenses will be faxed to (262) 646-3761, to allow EAS security to complete criminal background checks. A minimum advance notice of 2 business days is required. Vendor will provide factory authorized personnel to set in place and assemble new ovens in preparation for final connection. 4.4.6 Vendor shall provide final connection of electrical services and gas connections to the oven(s). 4.4.7 Vendor shall do start up and check of new oven(s). 4.4.8 Vendor will provide on-site training for operations and maintenance personnel in the presence of the EAS FSA. The EAS FSA must approve that each oven is operating safely and satisfactorily to consider the installation process complete. 4.4.9 Vendor must clean and remove all debris from the installation area and from the DOC premises. All debris must be disposed of properly in accordance with applicable Federal regulations. See 7 Code of Federal Regulations, herein after referred to as “CFR”, sections 3016.32(e) and 3019.34(g) for information on federal equipment disposal regulations. 4.4.10 Vendor must provide Two (2) copies of operations and maintenance manuals when on-site training is conducted. 4.4.11 Vendor must provide One (1) parts manual. 4.4.12 The vendor is required to maintain insurance in compliance with Standard Terms and Conditions 23.0 Insurance 4.5 NEW PRODUCT The oven bid shall be new manufacturer’s current production product. All proposed equipment must be capable of performing all operations in accordance with manufacturer's advertised data sheets and technical publications. 4.6 F.O.B. DESTINATION FREIGHT PREPAID INCLUDED AND INSTALLED All ovens are to be delivered F.O.B. EAS FREIGHT PREPAID AND INSTALLED IN THE EAS KITCHEN. The ovens must be installed in the areas designated by EAS personnel. Failure to bid FOB Destination Freight Prepaid Included and Installed in price may disqualify the bid. 4.7 WARRANTY Bidder must honor, at a minimum, the manufacturer’s standard warranty on items and/or parts purchased under this contract. Enclose warranty documents with the bid. See Cost Information Sheet for warranty specifications. RFB #CO-2282 Gas Convection Ovens Due Date: September 18, 2009 Page 11 of 23 4.8 PRODUCT IDENTIFICATION Bid response must be clearly identified by manufacturer and catalog/model/stock number and/or appropriate identification. Adequate detailed specifications of the items offered for bid, must be included with the bid to insure that the item(s) being bid meets all specifications. 4.9 ALTERNATE PRODUCTS Bidder may offer an alternate manufacturer product believed to be an equal to the specification in section 4.2. Any alternate product(s) bid must be clearly identified by manufacturer and catalog, model or stock number. Adequate detailed specifications of the product offered must be included with the bid to establish equivalency and to insure that the product being bid meets all specifications. The DOC will be the sole judge of equivalency and acceptability. 4.10 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 agreement between an OEM and the EPA. It is not mandatory, but it is desired that the equipment offered meet the Energy Star requirements for energy efficiency. 5.0 SUPPORT REQUIREMENTS 5.1 INVOICING / PAYMENT REQUIREMENTS 5.1.1 FIRM PRICES Prices must remain firm for one (1) year after the bid opening. Prices established may be lowered due to general market conditions 5.1.2 INVOICES FOR PURCHASE ORDERS Vendor must agree that all invoices shall reflect the prices and discounts established on this RFB. Invoices can not be provided until the equipment is installed and operational at EAS. EAS must have the final copy of their invoice on or before October 21, 2009. The DOC EAS must meet a statutory mandate to pay or reject invoices within 30 days of receipt by DOC Accounts Payable. Before payment is made, it also must verify that all invoiced charges are correct and complete as per this Contract. Only properly submitted invoices will be officially processed for payment. Prompt payment requires that contractor invoices be clear and complete in conformity with the instructions below. All invoices must be itemized showing: Contractor name remit to address purchase order number date of order/release item manufacturer’s name or abbreviation (if applicable) complete item description including catalog, model and/or stock number(s) identical to those stated in bid prices per the Contract The original invoice and two copies must be sent to the DOC EAS address listed on the Purchase Order. Final payment may not be made until the item is operating according to specifications and has been accepted by the DOC. 5.2 SUBCONTRACTING 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 Services. RFB #CO-2282 Gas Convection Ovens 5.3 Due Date: September 18, 2009 Page 12 of 23 5.2.1 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. 5.2.2 Contractor must assure subcontractors abide by all terms and conditions under this Contract. 5.2.3 If subcontractors are to be used, the Contractor must explain their participation at time of award. PRIME CONTRACTOR AND MINORITY BUSINESS SUBCONTRACTORS The prime contractor will be responsible for contract performance when subcontractors are used. However, when subcontractors are used, they must abide by all terms and conditions of the contract. If subcontractors are to be used, the bidder must clearly explain their participation. The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The contracting agency is committed to the promotion of minority business in the state's purchasing program. The State of Wisconsin policy provides that minority-owned business enterprises certified by the Wisconsin Department of Commerce, Bureau of Minority Business Development should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority-owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises. The supplier/contractor shall furnish appropriate quarterly information about its effort to achieve this goal, including the identities of such enterprises certified by the Wisconsin Department of Commerce and their contract amount. Quarterly reports shall be due fifteen (15) calendar days after the end of the quarter, 9/31, 12/31, 3/31 and 6/30. The form for submitting this information is available from the VendorNet on the Contract’s Home Page. http://vendornet.state.wi.us/vendornet/doaforms/doa-3234.doc. The report shall be submitted even if there is no activity. Submit to: e-mail: [email protected] post: MBE PURCHASING REPORT DEPT OF CORRECTIONS PO BOX 7991 MADISON WI 53707 7991 The State reserves the right to request additional reports from the Contractor at no additional cost. Contractor shall use every effort to provide such reports in a reasonable timeframe, but no later than thirty (30) calendar days from the time the request was submitted. These reports shall be in a form approved in advance in writing by the State. A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Office of the Minority Business Program, 608/267-7806. The listing is published on the Internet at: http://www.doa.state.wi.us/deo/mbe/minority_search.asp 5.4 AFFIRMATIVE ACTION All contracts of more than Twenty Five Thousand Dollars ($25,000) require the submission of a written affirmative action plan or request exemption. Contractors with an annual workforce of less than twenty-five employees are eligible for exemption. Within fifteen (15) days after the award of the contract, the written RFB #CO-2282 Gas Convection Ovens Due Date: September 18, 2009 Page 13 of 23 affirmative action plan, or statement requesting exemption, shall be submitted to the Department’s Contract Compliance Office. Address plan to: AFFIRMATIVE ACTION MANAGER/ PURCHASING SERVICES DEPARTMENT OF CORRECTIONS 3099 E WASHINGTON AVE PO BOX 7991 MADISON WI 53707 7991. Contractors are encouraged to contact this office at, (608) 240-5571, for technical assistance on equal opportunity. Failure to comply appropriately with these requirements can lead to bidder being banned from doing business with any agency of the State of Wisconsin. Additionally, failure to comply can result in termination of this contract, or withholding of payment. On the Vendor Information Sheet DOA-3477, provide the requested affirmative action contact information. For additional information see Section 19.0 of the Standard Terms and Conditions. 5.5 WISCONSIN SALES AND USE TAX REGISTRATION The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract if the vendor or contractor has not met or complied with the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. If you have not established a certification for Collection of Sale and Use Tax status with the Wisconsin Department of Revenue, the DOC 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 5.6 TOBACCO-FREE ENVIRONMENT All DOC Institutions are Tobacco-Free. Contractors are not to possess or use any tobacco product inside an institution. 5.7 SECURITY AND CREDENTIAL REVIEW The department requires that all persons providing services in its facilities submit and pass criminal background and professional license/credential checks (Plumber, Electrician, etc.). History of arrests and/or convictions could disqualify an individual if deemed relevant to the position, service or site. Background checks will be conducted and paid for by the institution, and records will be maintained on site, as well as copies of credentials and licenses 5.8 INSIDE FACILITY DELIVERY There are no elevators between the EAS delivery dock and the EAS kitchen. These products will require delivery within the confines of a State of Wisconsin Correctional Facility to which access is tightly controlled. Delivery persons will need to present to DOC Security staff a valid Wisconsin or other State’s driver’s license. Vehicles will be subject to search prior to entering and leaving said Facility. Vehicles containing weapons, drugs or drug paraphernalia, live animals, additional passengers, and/or any other restricted items will not be allowed to enter the facility. Possession of illegal contraband may be reported to local law enforcement. The truck cab must be locked when not occupied by the driver. The DOC will not be responsible for any additional delivery charges resulting from being denied entry by non-compliant delivery personnel. 5.9 ACCESS TO DOC INSTITUTIONS Execution of this contract requires access/entrance into DOC secure facilities. All contractor staff will be required to submit to a Criminal Background Check, which must be successfully completed prior to arrival. Although specific policies vary somewhat between facilities, the following will apply: All vehicles entering and leaving the facility may be searched. Within the fence, contraband items are prohibited in the vehicle as well as on the person. Contraband items include but are not limited to RFB #CO-2282 Gas Convection Ovens 5.10 6.0 Due Date: September 18, 2009 Page 14 of 23 drugs, tobacco products, camera, cell phones, adult or pornographic materials, explosives and weapons (including pocket knives and razor knives, unless a part of an inventoried tool box.) Tool boxes should be inventoried prior to arrival to facilitate security staff accounting. Items may be left with security, however illegal items may not be returned. Contractor staff walking in may be required to pass through a metal detector and/or have all carry-in items x-rayed or searched. Fraternization with inmates is prohibited. Nothing is to be given to inmates (food, mail, money, newspapers or magazines, etc.) without authorization and nothing is to be received from inmates for removal or transport from the institution. EMPLOYEE IDENTIFICATION All contractors’ employees, while working on DOC property, must wear a clearly displayed photo identification badge (provided by the Contractor at the Contractor’s cost) showing they are employees of the contractor. Badges must be available but will not be required to be worn when protective clothing and respiratory protection is required. STANDARD TERMS AND CONDITIONS The Standard Terms and Conditions (DOA-3054) are by reference made a part of this RFB. The State of Wisconsin reserves the right to incorporate standard State contract provisions into any contract negotiated with any bid submitted responding to this RFB (Standard Terms and Conditions, DOA-3054). Failure of the successful bidder to accept these obligations in a contractual agreement may result in cancellation of the award. The Standard Terms and Conditions shall govern this RFB and subsequent contract. Wisconsin Department of Administration Chs. 16, 19, 51 DOA-3054 (R10/2005) Page 1 of 3 Standard Terms And Conditions (Request For Bids / Proposals) 1.0 2.0 3.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The State of Wisconsin shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal. DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable. QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the State of Wisconsin. 4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right to increase or decrease quantities to meet actual needs. 5.0 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified. 6.0 PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts. 6.1 6.2 6.3 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration. Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be submitted to the contracting agency thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the contractor which are demonstrated to be industry wide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements. In determination of award, discounts for early payment will only be considered when all other conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30). 7.0 UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act. 8.0 ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the State of Wisconsin. Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid/proposal is due. Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a bid/proposal by the purchasing office. 9.0 METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified. 10.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized. 11.0 PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. A good faith dispute creates an exception to prompt payment. 12.0 TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The State of Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials. 13.0 GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs. 14.0 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 DOA-3054 Page 3 of 3 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. 15.0 16.0 17.0 18.0 19.0 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. ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser). Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract. ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the prior written consent of the State of Wisconsin. WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals. NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. 19.1 Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor has a workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is 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. DOA-3054 Page 3 of 3 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 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. 32.0 HOLD HARMLESS: The contractor will indemnify and save harmless the State of Wisconsin and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the contractor, or of any of its contractors, in prosecuting work under this agreement. 33.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of Corporation, P. O. Box 7846, Madison, WI 53707-7846; telephone (608) 261-7577. 34.0 WORK CENTER PROGRAM: The successful bidder/proposer shall agree to implement processes that allow the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to purchase goods and services produced by work centers certified under the State Use Law, s.16.752, Wis. Stat. This shall result in requiring the successful bidder/proposer to include products provided by work centers in its catalog for State agencies and campuses or to block the sale of comparable items to State agencies and campuses. 35.0 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this Agreement in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party. 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 28.0 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request, must be clearly stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted. However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation. 27.1 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the property of the State of Wisconsin. 27.2 Any material submitted by the vendor in response to this request that the vendor considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary Information form (DOA-3027). Bidders/proposers may request the form if it is not part of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential. DISCLOSURE: If a state public official (s. 19.42, Wis. Stats.), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123). State classified and former employees and certain University of Wisconsin faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis. Stats. 7.0 REQUIRED FORMS AND ATTACHMENTS The following forms must be completed and submitted with the bid. FORMS: Request for Bid Form (DOA-3070) - cover sheet, first page of this RFB Vendor Information Form (DOA-3477) MBE/ American Made Affidavit Form (DOA-3476) Designation of Confidential and Proprietary Information Form (DOA-3027) Wisconsin’s Cooperative Purchasing Service Form (DOA-3333) Vendor Reference Form (DOA-3478) Cost Submittal Information Sheets #1 and #2 ADDITIONAL REQUIRED INFORMATION: Provide Warranty Documentation Product Equivalency Information if bidding an alternate product Certificate of Insurance STATE OF WISCONSIN Bid / Proposal # CO-2282 DOA-3477 (R05/98) Commodity / Service GAS CONVECTION OVENS VENDOR INFORMATION 1. BIDDING / PROPOSING COMPANY NAME FEIN Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address 2. City State Zip + 4 Name the person to contact for questions concerning this bid / proposal. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address 3. City State Zip + 4 Any vendor awarded over $25,000 on this contract must submit affirmative action information to the department. Please name the Personnel / Human Resource and Development or other person responsible for affirmative action in the company to contact about this plan. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address 4. City State Zip + 4 Mailing address to which state purchase orders are mailed and person the department may contact concerning orders and billings. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 5. State Zip + 4 CEO / President Name This document can be made available in accessible formats to qualified individuals with disabilities. Bid / Proposal # CO-2282 State of Wisconsin Department of Administration DOA-3476 (R01/2000) S. 16.75(3m) Wis. Stats.; s. 16.752 Wis. Stats. Commodity: Gas Convection Ovens Affidavit This completed affidavit must be submitted with the bid/proposal. Proposer Preference: Please indicate below if claiming a proposer preference. Minority Business Preference (s. 16.75(3m), Wis. Stats.) - Must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 8th Floor, 123 W. Washington Ave., P.O. Box 7970, Madison, Wisconsin 53707-7970, (608) 267-9550. Work Center Preference (s 16.752, Wis Stats.) - Must be certified by the State of Wisconsin Use Board. If you have questions concerning the certification process, contact the Wisconsin State Use Board, 101 East Wilson Street, 6th Floor, PO Box 7867, Madison, Wisconsin 53707-7867 or 608/2662553. American-Made Materials: The materials covered in our proposal were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States. Yes No Unknown Non-Collusion: In signing this proposal we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free trade; that no attempt has been made to induce any other person or firm to submit or not to submit a proposal; that this proposal has been independently arrived at without collusion with any other proposer competitor or potential competitor; that this proposal has not been knowingly disclosed prior to opening of proposals to any other proposer or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions, and specifications required by the State of Wisconsin in this Announcement of Bid/Proposal and the terms of our bid/proposal. Authorized Representative Authorized Representative Company Name Title Type or Print Date (m/dd/ccyy) Signature Telephone ( ) This document can be made available in accessible formats to qualified individuals with disabilities. STATE OF WISCONSIN DOA-3027 (R01/98) DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION The attached material submitted in response to Bid/Proposal #CO-2282 Gas Convection Ovens 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 ___________________________________________ Date ___________________________________________ Type or Print This document can be made available in accessible formats to qualified individuals with disabilities. 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) City ) State ZIP + 4 Commodity/Service Request for Bid/Proposal Number Combination Oven/Steamer CO-2282 This form can be made available in accessible formats upon request to qualified individuals with disabilities. STATE OF WISCONSIN Bid / Proposal # DOA-3478 (R12/96) CO-2282 Gas Convection Ovens VENDOR REFERENCE VENDOR: Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) used for four (4) or more installations with requirements similar to those included in this solicitation document. If vendor is proposing any arrangement involving a third party, the named references should also be involved in a similar arrangement. Company Name Address (include Zip + 4) Contact Person Phone No. Product(s) and/or Service(s) Used Company Name Address (include Zip + 4) Contact Person Phone No. Product(s) and/or Service(s) Used Company Name Address (include Zip + 4) Contact Person Phone No Product(s) and/or Service(s) Used Company Name Address (include Zip + 4) Contact Person Phone No. Product(s) and/or Service(s) Used This document can be made available in accessible formats to qualified individuals with disabilities.
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