State of Wisconsin Wis. Statutes s.16.75 DOA-3070 (R08/2003) BIDS MUST BE SEALED AND ADDRESSED TO: AGENCY ADDRESS: Department of Administration Consolidated Agency Purchasing Services (CAPS) 101 East Wilson Street, 9th Floor Madison, WI 53703 If using PO Box, P.O. Box 7867, 53707-7867 REQUEST FOR BID #EC0930254 Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid number. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award. Bids MUST be date and time stamped no later than THIS IS NOT AN ORDER BIDDER (Name and Address) June 30, 2009 at 2:00 PM CT Name (Contact for further information) Bidder: fill in your name and address here Brenda Derge Phone Date RFB is issued 608-266-8613 May 28, 2009 Quote Price and Delivery FOB FOB DESTINATION, FREIGHT PREPAID Fax and e-mail bids are not accepted Description Educational Communications Board (ECB) Satellite Uplink High Power Amplifier Replacements See attachment A to submit pricing. Fax and e-mail bids are not accepted Late bids will be rejected. This page must be signed and included with your bid. COMPLETE THE INFORMATION LISTED BELOW Payment Terms Delivery Time We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids. We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605. Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States. Yes No Unknown In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid. Name of Authorized Company Representative (Type or Print) Title Signature of Above Date Phone ( ) Fax ( ) E-mail This form can be made available in accessible formats upon request to qualified individuals with disabilities. TABLE OF CONTENTS 1.0 INTRODUCTION AND PURPOSE 2.0 BIDDER QUALIFICATIONS 3.0 GENERAL REQUIREMENTS 4.0 BID PROCESS, PROCEDURE AND INSTRUCTIONS 5.0 BID ACCEPTANCE, EVALUATION AND AWARD 6.0 TECHNICAL SPECIFICATIONS/REQUIREMENTS 7.0 COST INFORMATION 8.0 FORMS 9.0 SPECIAL TERMS AND CONDITIONS ATTACHMENTS Request for Bid Form (DOA-3070) Vendor Information (DOA-3477) Vendor Reference (DOA-3478) Vendor Agreement (DOA-3333) Designation of Confidential and Proprietary Information (DOA-3027) Attachment A: Itemized Bid List Standard Terms and Conditions DEFINITIONS The following definitions are used throughout the Request for Bid: Bidder Contractor DOA DSF A vendor submitting a response to this Request for Bid Successful bidder awarded the contract Department of Administration Division of State Facilities – A division of the State of Wisconsin, Department of Administration ECB Wisconsin Education Communications Board FOB Free on Board Manufacturer The Company which owns controlling interest in the factory actually producing the equipment furnished for this project. MBE Minority Business Enterprise Owner Wisconsin Educational Communications Board RF Radio Frequency RFB Request for Bid State State of Wisconsin 1.0 INTRODUCTION AND PURPOSE 1.1 DESCRIPTION AND PURPOSE OF THE REQUEST FOR BIDS: The State of Wisconsin Educational Communications Board hereinafter referred to as “ECB” and “Owner”, through the Department of Administration, Consolidated Agency Purchasing Services, hereinafter referred to as “CAPS,” request bids for equipment to modernize its Satellite Uplink facilities. The purpose of this RFB is to acquire the materials necessary to replace aging High Power Amplifiers utilized for satellite uplink facilities located in Madison, Wisconsin. The Owner will be responsible for the installation and configuration of all equipment. The bid award(s) will also allow the purchase of equipment in this bid under the Division of State Facilities project #05I1S. The State does not guarantee to purchase any specific quantity or dollar amount. The contract(s) resulting from this RFB will be administered by ECB. Bids that require a minimum number of commodities be ordered will be rejected. The Wisconsin Educational Communications Board is considered an IRC 501(c) organization. 1.2 MANDATORY REQUIREMENTS Conditions of the bid that include the word “must” or “shall” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification or condition of bid, Purchasing reserves the right to delete that specification or condition of bid. Failure to meet a mandatory requirement shall disqualify your bid. This contract bid document and the awarded bidder’s response shall become the contract. 1.3 CONTRACT This RFB document and the awarded bidder’s (Contractor’s) response information shall become the Contract. The State of Wisconsin Educational Communications Board intends to utilize the results of this RFB to award a contract for a one-time purchase. The contract shall be effective the date indicated on the purchase order. 1.4 TAX EXEMPTIONS AND CERTIFICATION OF COLLECTION OF SALES AND USE TAX The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract, if the vendor or contractor has not met or complied with the requirements of s.77.66 Wis. Stats., and related statutes regarding certification for collection of sales and use tax. The State of Wisconsin is exempt from payment of all federal tax and Wisconsin state and local taxes on its purchase except Wisconsin excise taxes as defined in 12.0 of the Standard Terms and Conditions. 2.0 BIDDER QUALIFICATIONS Before the award of any Contract, the Procuring Agency shall be satisfied that the bidder has sufficient qualified resources available for performing the work described in this bid. It is the bidder’s responsibility to acquaint the purchasing agent with these qualifications by submitting appropriate documentation or through the references. To be eligible for an award, bidder must be qualified and able to provide the following as required or the bid response may not be considered. 2.1 Bidder must be in the business of producing and/or supplying the equipment and accessories similar to those specified in this document and must have done so for the past 5 years. 2.2 Bidder must designate a person(s) to provide information on: Minority Business, Affirmative Action. See attached Vendor Information form (DOA-3477). This form is used for administrative purposes. 2.3 BIDDER REFERENCES: Bidder must include in its bid response a completed Vendor Reference Form (DOA-3478), which is attached, listing at least three names or companies with whom the bidder has done business similar to that required by this solicitation within the last five years. Bidder must supply with their bid a client list of firms to which similar products have been provided to a comparable-sized institution or company. For each client/customer/buyer/organization listed, the bidder must include the company name, address, contact person and telephone number along with a brief description of the product/service, which was the basis for the business relationship. If contacted, information received from those clients may be used to determine whether the bidder meets qualifications. The Agency will determine which, if any references to contact to assess the quality of the product/service. ECB may also utilize other sources of information about the product(s) and/or service(s) bid by the vendor where these sources are publicly available and are equally available for all competing vendors. 3.0 GENERAL REQUIREMENTS 3.1 DELIVERY a. FOB Destination. Freight prepaid and allowed. Failure to bid FOB DESTINATION, FREIGHT PREPAID AND ALLOWED in bid price may disqualify the bid. b. Delivery will be made by common carrier or bidder's truck, with unloading to be performed by the carrier/bidder and carton(s) transported to the interior/ground floor at the ECB Beltline location. The address is: Wisconsin Public Broadcasting Center, 3319 West Beltline Highway, Madison, WI 53713. The Local Site Engineer name and phone number will be provided after the bid award to the awarded vendor. The awarded vendor will work directly with the Site Engineer. c. Bid prices must include all handling, packing, freight, insurance charges and installation/operation manuals. The equipment and materials shall be considered in the care and custody of the Contractor until inspected and accepted by the site engineer. d. Shippers, carriers, or other delivery operatives shall be considered agents of the Contractor. The contractor shall assume full liability for loss, damage or theft of the equipment or materials during shipment. Claims for loss, damage or theft of any equipment supplied by the Contractor during shipment shall be made and satisfied by the Contractor. e. Delivery is desired as soon as possible after receipt of a purchase order. Please state in the bid response when delivery can be made. 3.2 SHIPMENTS, DUPLICATES AND OVERSHIPMENTS: Upon notification by the State of a duplicate or over-shipment, item must be removed at the contractor's expense. If such goods are not removed within 30 days of written notification, the State reserves the right to dispose of them as its own property and shall not be held liable for the cost. 3.3 WARRANTY: All materials and workmanship is to be fully warranted against partial or complete failure for one (1) year, including 100% freight and labor on all claims. Start of Warranties: Manufacturer’s warranty period shall commence at equipment delivery. A copy of the warranties (Hardware and Software) will be provided within seven (7) calendar days after equipment delivery for each site. The manufacturer shall warranty all included software and firmware during the warranty period. This shall include no-cost bug fixes, patches and version upgrades. Manufacturer shall provide the latest software releases at the time of delivery. There shall be no recurring costs for software or firmware licensing, bug fixes, patches, telephone tech support, and repairs for the duration of the warranty. 3.4 EQUIPMENT PROOF OF PERFORMANCE AND TESTING: The subsystems will be commissioned by ECB. In the event that a piece of equipment fails to meet published specifications within the warranty period, the manufacturer or supplier shall provide remedy or repair of the equipment within ten (10) working days. All shipping will be at the manufacturer or supplier’s expense. 3.5 4.0 DOCUMENTATION Each piece of equipment shall be supplied with a hard copy technical manual. Software manuals shall also be provided on CD or DVD media. These manuals shall include installation instructions, operating instructions, maintenance instructions, and troubleshooting procedures. Configuration information for the system shall be thoroughly documented, and the documentation shall be updated as configuration changes are implemented throughout the life of the system. Further, all manuals and technical information shall be perfectly legible; multi-generation photo-copies (or equivalent) will not be acceptable. BID PROCESS, PROCEDURES AND INSTRUCTIONS 4.1 REASONABLE ACCOMMODATIONS: The State will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If the bidder needs accommodations at a bid opening/bidder conference, contact CAPS at 608-266-0312 (voice). 4.2 VENDOR REGISTRATION: The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies. 4.3 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS: Any questions concerning this RFB must be submitted in writing on or before June 15, 2009, 2:00PM CT to Brenda Derge via e-mail: [email protected] Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document. If a bidder discovers any significant ambiguity, error, conflict, discrepancy, mission, or other deficiency in this RFB, the bidder should immediately notify [email protected] of such error and request modification or clarification of the RFB document. All communication on all matters regarding this bid must refer to Request for Bid #EC0930254 and be directed to Brenda Derge. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions will be posted on VendorNet. Any contact with State employees or administrative appointees concerning this RFB is prohibited, except as authorized by the procurement manager during the period from date of release of the RFB until the notice of intent to contract is released. The current contractor may contact appropriate ECB personnel working directly in the performance of its current existing contract. 4.4 CALENDAR OF EVENTS DATE May 28, 2009 June 15, 2009 2:00PM CT June 17, 2009 June 30, 2009 2:00PM CT 4.5 EVENT Date of Issue of the RFB. Date Questions Due Estimated Date. Responses to Questions Posted Bids Due from Bidders. SUBMITTING A BID Bidders must submit an original signed bid, marked as such, and one copy of all materials required for acceptance of their bid by the deadline shown on the Request for Bid (DOA-3070) form to: MAILING ADDRESS HAND DELIVERY ADDRESS Brenda Derge Wisconsin Department of Administration Consolidated Agency Purchasing Services P.O. Box 7867 Madison, WI 53707-7867 Brenda Derge Wisconsin Department of Administration Consolidated Agency Purchasing Services 9th Floor 101 E. Wilson Street Madison, WI 53703 All bids must be received in the office stated above and must be time-stamped by the above listed office prior to the stated opening time. Office hours are 8 a.m. – 4:30 p.m., Monday through Friday except State Holidays. Bids not stamped will be considered late. Receipt of a bid by the State mail system does not constitute receipt of a bid by the State Purchasing Office, for purposes of this Request for Bid. All bids must be packaged, sealed. Bidders must show the following information on the outside of the package: Bidder's Name and Address Request for Bid Title Request for Bid Number Bid Due Date 4.6 FAXED BID Faxed bids will not be accepted. 4.7 E-MAILED BID E-mailed bids will not be accepted. 4.8 FORMAT OF BID Bidders responding to this RFB must comply with the following format requirements: TAB 1: Signed Request for Bid Form (DOA-3070) Bids submitted in response to this RFB must be signed by the person in the vendor's organization who is responsible for the decision as to the prices being offered in the bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices. By submitting a signed bid, the vendor's signatories certify that in connection with this procurement: (a) the vendor's organization or an agent of the vendor's organization has arrived at the prices in its bid without consultation, communication or agreement with any other respondent or with any competitor for the purpose of restricting competition; (b) the prices quoted in the bid have not been knowingly disclosed by the vendor's organization or by any agent of the vendor's organization and will not be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor; and (c) no attempt has been made or will be made by the vendor's organization or by any agent of the vendor's organization to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. TAB 2: Required Forms The following forms must be completed and submitted with the bid in accordance with the instructions given in this section. Blank forms are attached. Vendor Reference (DOA-3478) Attachment A: Itemized bid list RFB Cover Sheet (DOA-3070) Omission of any of the above forms may be cause for rejection of the bid. The following forms should be provided with the bid response submitted. If the forms are missing, the State reserves the right to request the form to be provided within 24 hours. Designation of Confidential and Proprietary Information (DOA-3027) Vendor Information (DOA-3477) TAB 3: State of Wisconsin Terms and Conditions These standard terms and conditions shall govern this proposal and subsequent award. Vendors must accept these terms and conditions or submit point-by-point exceptions along with proposed alternative or additional language for each point, including any vendor contracts. Submission of any standard vendor contracts as a substitute for language in the terms and conditions is not a sufficient response to this requirement and may result in rejection of the vendor's proposal. The State reserves the right to negotiate contractual terms and conditions other than those in the State of Wisconsin Contract when it is in the best interest of the State to do so. The State of Wisconsin reserves the right to incorporate standard State contract provisions into any contract negotiated with any proposal submitted responding to this RFB (Standard Terms and Conditions (DOA-3054). Failure of the successful bidder to accept these obligations in a contractual agreement may result in cancellation of the award. 5.0 4.9 MULTIPLE BIDS: Multiple bids from a bidder 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. 4.10 INCURRING COSTS: The State of Wisconsin is not liable for any cost incurred by a bidder in the process of responding to this RFB. 4.11 NEWS RELEASES: News releases pertaining to the RFB or to the acceptance, rejection, or evaluation of bids shall not be made without the prior written approval of the State. BID ACCEPTANCE, EVALUATION AND AWARD METHOD OF BID, METHOD OF AWARD 5.1 METHOD OF BID: Bidder must submit prices for the LOT specified on Attachment A in Section 1. Prices listed must be in U.S. dollars. All costs for furnishing the product are included in the bid in accordance with the terms and conditions in this RFB. Section 2 of Attachment A must be completed. 5.2 METHOD OF AWARD: Award shall be made on the basis of the lowest responsive, responsible bidder submitting the lowest LOT TOTAL on Attachment A, Section 1 and is judged to be in the best interest of the State. Bids that require that the State shall guarantee a specific quantity or dollar amount will be disqualified. 5.3 BID OPENING: Bids will be opened on June 30, 2009 2:00PM CT at 101 E. Wilson St., Madison, WI. Names of the bidders may be read aloud at that time. 5.4 BID ACCEPTANCE: Bids which do not comply with mandatory requirements 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. 5.5 BID REVIEW: Bids will be reviewed to verify that they will meet all specified requirements in this RFB. This verification may include requesting reports on the bidder's financial stability, conducting demonstrations of the bidder's proposed products(s) and/or service(s), and reviewing results of past awards to the bidder by the State of Wisconsin. 5.6 MINORITY PREFERENCE: The State of Wisconsin is committed to the promotion of minority business in the State’s purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss. 15.10(2), 16.75(4), 16.75(5) and 560.03(2), Wisconsin Statutes. The contracting Agency is committed to the promotion of minority business in the State’s purchasing program. Bids from certified Minority Business Enterprises may have points weighted up to a five percent (5%) preference to these businesses. 5.7 NOTIFICATION OF AWARD: All bidders who respond to this RFB with a bid shall be notified in writing of the State's intent to the contract(s) as a result of this RFB. 5.8 ORDER OF PRECEDENCE: In the event of contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the bid response from the successful bidder, and additional terms agreed to, in writing, by the Department and contractor shall become part of the contract. Failure of the successful bidder to accept these as a contractual agreement may result in a cancellation of award. The following priority for contract documents will be used if there are conflicts or disputes: Official Purchase Order The Final Signed Contract with clarifications included Bid response as accepted by the State of Wisconsin State’s Request for Bid 5.9 LIQUIDATED DAMAGES: Both parties acknowledge that it can be difficult to ascertain actual damages when a Contractor fails to carry out the responsibilities of the Contract. Because of that, the Contractor acknowledges that for the Contract resulting from this RFB, it will negotiate liquidated damages, as required by the State, for the Contract. The Contractor agrees that the Agency shall have the right to liquidate such damages, through deduction from the Contractor's invoices, in the amount equal to the damages incurred, or by direct billing to the Contractor. 5.10 CANCELLATION AND TERMINATION: The State reserves the right to cancel the resulting contract/agreement, for any reason, by giving written notice to Contractor of such cancellation and specifying the effective date thereof, at least 30 (thirty) days before the effective date of such cancellation. Contractor shall, in the event of such cancellation, be entitled to receive compensation for any work accepted hereunder in accordance with the State's order(s). Contractor may also be compensated for partially completed work in the event of such cancellation. The compensation for such partially completed work shall be no more than the percentage of completion of each work effort, as determined in the sole discretion of the State, times the corresponding payment for completion of such work as set forth in the State's order(s). In addition, the State reserves the right to terminate the resulting contract/agreement, for reasons of breach of contract, by giving written notice to Contractor of such termination and specifying the effective date thereof, at least 10 days before the effective date of such termination. Contractor shall, in the event of such termination, be entitled to receive compensation for any work accepted hereunder in accordance with the State's order(s). Contractor shall also be compensated for partially completed work in the event of such termination. The compensation for such partially completed work shall be no more than the percentage of completion of each work effort, as determined in the sole discretion of the State, times the corresponding payment for completion of such work as set forth in the State's order(s). In addition, the State reserves the right to cancel and terminate the Contract without notice, if at any time the contractor performance threatens the health and/or safety of any State employee. Upon cancellation, termination or other expiration of the resulting contract/agreement, each party shall forthwith return to the other all papers, materials, and other properties of the other held by each for purposes of execution of the contract/agreement. In addition, each party will assist the other party in the orderly termination of this contract/agreement and the transfer of all aspects hereof, tangible or intangible, as may be necessary for the orderly, nondisruptive business continuation of each party. 5.11 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request must be clearly stated in the bid 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. Data contained in a bid, 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. 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), which is attached. Confidential information must be labeled as such. Cost (pricing) always becomes public information when bids are opened, and therefore cannot be kept confidential. Any other requests for confidentiality MUST be justified in writing on the form provided and included in the bid submitted. 5.12 6.0 BANKRUPTCY: 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, ECB has the right, in addition to any other rights of whatsoever nature that it may have at law or in equity, to terminate this Contract by giving 90 calendar days notice in writing of such termination. TECHNICAL SPECIFICATIONS/REQUIREMENTS Specific equipment make and model are called out to demonstrate required functionality. Burden of proof is with the Bidder if other makes and models are offered. Site location is listed in Section 3.1. 6.1 RF Equipment Quantity: 2 amplifiers to create a 1:1 protected system Paradise Data HPAK3125ATXAXXP or approved equivalent a. b. c. d. e. Solid State High Powered Amplifiers, quantity of two amplifiers to create a 1:1 protected system. 125 Watt output Ku band input (14.00 to 14.50 GHz) Ku band output (14.00 to 14.50 GHz) Shall be controlled by computer interface. i. Interface may be web based or software based using RS-485 or RS-232. If using RS-485 or RS-232, control software shall be supplied by bidder. ii. Power on / off iii. Power monitoring iv. Fault monitoring v. Signal attenuation (power setting) vi. Polarity switching vii. Hot standby switching f. Shall be supplied with all apparatus to facilitate mounting indoors in a 19” EIA rack. g. Shall include all waveguide, switching mechanism and electronic control to permit hot standby switching via aforementioned computer interface. h. Two complete amplifiers configured in 1:1 protection mode. i. Units shall be provided with redundant power supplies. j. Power supplies shall be configured for 120 VAC 7.0 COST INFORMATION 8.0 7.1 FIRM PRICING Pricing must remain firm for the full term of the contract, including any renewal options. 7.2 PRICING a. Bidders must provide pricing on Attachment A. Alternate formats may be rejected. b. Prices are in U.S. dollars. c. Prices supplied by bidders should reflect any discounts negotiated between manufacturers and the Corporation for Public Broadcasting. d. Bid prices must include all handling, packing, freight, insurance charges and installation/operation manuals. The equipment and materials shall be considered in the care and custody of the Contractor until inspected and accepted by the site engineer. FORMS Complete and submit with the forms with the bid response in accordance with the RFB and form instructions. 8.1 The following forms must be completed and submitted with the bid. Blank forms are attached. Omission of any of the listed forms in this section may be cause for rejection of the bid. Vendor Reference (DOA-3478) Attachment A: Itemized bid list Request for Bid Form (DOA-3070), completed and signed 8.2 The following forms should be provided with the bid response. If the forms are missing, the State reserves the right to request the form to be provided within 24 hours of the request. If the bidder does not respond to the request for the form, the State may reject of the bid response. Designation of Confidential and Proprietary Information (DOA-3027) Vendor Information (DOA-3477) 9.0 SPECIAL TERMS AND CONDITIONS 9.1 MODIFICATIONS OF CONTRACT: Any alterations made to the Contract must be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Bid or in excess of allowable and accepted price changes shall be made. 9.2 INVOICE PAYMENT: 20% upon Acceptance of Bid and Placement of Order 60% upon Delivery. Drop shipments may be invoiced individually. The total amount invoiced shall not exceed 80% of the total contract. 20% upon final acceptance by ECB project manager. Payment will not be made until the product is determined to meet all specifications and has been accepted by the State of Wisconsin. The State must meet a statutory mandate to pay or reject invoices within 30 days of receipt. Before payment is made, it also must verify that all invoiced charges are correct and financial conditions are in compliance with the contract and corresponding State Agency purchase order. Only properly submitted invoices will be officially received for payment. Prompt payment requires that invoices be clear, complete and in compliance with conditions of this RFB and subsequent purchase orders. ECB will pay invoices on a services rendered basis as phases of the project are delivered and/or completed. Each invoice shall be specific as to equipment or service provided. Payment for invoices that do not include detailed pricing information may be delayed until this information is received. RECEIPTS FOR PURCHASING CARD: Receipts shall contain the same detail as required on an invoice and mailed to the billing address given at the time the order is placed. Receipts may be in the form of invoices marked “paid”. The State of Wisconsin is exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as defined in Section 12.0 of the Standard Terms and Conditions. Minnesota allows sales tax exemption for IRC 501(c) organizations, which includes ECB. 9.3 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’s policy provides that minority owned business enterprises certified by the Wisconsin Department of Commerce, Bureau of Minority Development should have the maximum opportunity to participate in the performance of its contracts. The Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority owned business enterprises, or by using such enterprises to provide goods and services incidental to this requested service or contract, with a goal of awarding at least 5% of the award amount of this request for bid to such enterprises. Upon request, the awarded bidder shall furnish a subcontracting plan of action indicating appropriate information about its effort to achieve this goal, including identities of such enterprises certified by the Wisconsin Department of Commerce and their subcontract amount. A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Office of Minority Business Program, (608) 267-3293.
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