VENDOR NET TRANSMISSION COVER LETTER

VENDOR NET TRANSMISSION COVER LETTER
VENDOR NET TRANSMISSION COVER LETTER
DATE:
November 18, 2010
When using Vendor Net, you may submit your bid through one of the following options: U.S. mail or handdelivery. Refer to “SUBMITTAL INSTRUCTIONS”. Regardless of the option used, your bid must be
received and time stamped in by Purchasing Services, 21 N Park St, Suite 6101, Madison, WI 53715-1218,
prior to 2:00 PM on the bid due date to be considered on time. Bids not so stamped shall be considered
late. Late bids shall be rejected.
If you have any questions concerning these instructions, please contact the University of WisconsinMadison Purchasing Services (Bid Processing) at (608) 262-6121.
PURCHASING SERVICES
University of Wisconsin-Madison  21 N Park St, Suite 6101 Madison, WI 53715-1218
608/262-6121  (Fax) 608/262-4467  www.bussvc.wisc.edu  [email protected]
RETURN TO: University of Wisconsin-Madison
Purchasing Services
21 N Park St, Suite 6101
Madison, WI 53715-1218
Refer to Section 1 titled “SUBMITTAL INSTRUCTIONS”.
REQUEST FOR BID
All correspondence must reference the bid number.
THIS IS NOT AN ORDER
Unless otherwise noted, public openings will be on the date
and time specified. Award(s), if any, will be made as soon
thereafter as possible.
The bid abstract will be on file and is open to public inspection
only after award determination has been made.
OFFICIAL SEALED
BID NUMBER: 11-5048
ISSUE DATE:
11/18/10
DUE DATE:
12/06/10
AGENT: Charlie Simonson at (608) 265-0656
FAX NUMBER: (608) 262-4467
2:00 PM CST
E MAIL: [email protected]
_________________________________________________
Bid prices and terms shall be firm for sixty (60) days from the
date of bid opening, unless otherwise specified in this Request
for Bid by the UW-Madison Purchasing Services.
If NO BID (check here)
and return.
DESCRIPTION
The University of Wisconsin-Madison request bids for
SEMI-INSTANTANEOUS WATER HEATER AND REPAIR PARTS
for the period February 1, 2011 through January 31, 2012 or one year after date of award, and will be
automatically renewed for two additional one-year terms, in accordance with the attached in this order:
Special Conditions of Bid, Bidder Response Sheet, Specifications, Itemized Bid List, Client Reference List,
Bidder Information Sheet, Supplier Diversity, Minority Business Enterprise (MBE) Program Commitment and
Standard Terms and Conditions.
Questions regarding this bid will be answered by the following:
ADMINISTRATIVE: Charlie Simonson at (608) 265-0656 [email protected]
TECHNICAL: Tim Sell at (608) 262-1208 [email protected]
In signing this bid, we have read and fully understand and agree to all terms, conditions and specifications and acknowledge that the
UW-Madison Purchasing Services bid document on file shall be controlling. We certify that we have not, either directly or indir ectly,
entered into any contract or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt
has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arriv ed at
without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the
opening of bids to any other bidder or competitor; that the stated statement is accurate under penalty of perjury.
COMPANY NAME: _________________________________________________________________________________________________
SIGNATURE: _____________________________________________________________________________DATE ____________________
TYPE OR PRINT NAME: _____________________________________________________________________________________________
TITLE: _______________________________________________________ TELEPHONE NUMBER: (_______) _____________________
FEIN NUMBER: _________________________________
FAX NUMBER:
(_______) _____________ ________
EMAIL ADDRESS: __________________________________________________________________________________________________
UNIVERSITY OF WISCONSIN
CONTRACT NO.: 11-5048
TABLE OF CONTENTS
SECTION #1: SUBMITTAL INSTRUCTIONS
PAGE
1-2
SECTION #2: GENERAL INFORMATION
2.1 Purpose
2.2 Definitions
2.3 Eligible Purchasers
2.4 Affirmative Action
2.5 Wisconsin Sales and Use Tax Registration
2.6 VendorNet
2.7 Orders
2.8 Electronic Commerce/Online Ordering
2.9 Campus Delivery Requirements
2.10 Parking
2.11 Smoke-Free Environment
2.12 Promotional Materials
2.13 Energy Star
3-5
SECTION #3: RFB PROCESS INSTRUCTIONS
3.1 Clarifications and/or Revisions through Designated Contact
3.2 Applicable Dates
3.3 Contract Term
3.4 Conflict of Interest
3.5 Proprietary Information
3.6 Reasonable Accommodations
3.7 Method of Bid
3.8 Method of Award
3.9 Minority Business Enterprise (MBE) Preference
6-7
SECTION #4: BIDDER QUALIFICATIONS
4.1 Bidder Contact Information
4.2 Bidder Experience
4.3 Authorization
4.4 Client List/References
4.5 Fair Price Analysis
4.6 Minimum Order
4.7 Debarment
8
SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS
5.1 Firm Prices
5.2 F.O.B. Destination, Freight Prepaid and Allowed
5.3 Timeliness of Delivery
5.4 Item Return Policy
5.5 Additional Items/Services
5.6 Invoicing Requirements
5.7 Invoice Payment
5.8 Shipments, Duplicates and Overshipments
5.9 Activity Reports
5.10 Contract Termination
5.12 Executed Contract to Constitute Entire Contract
9-22
SECTION #6: SPECIFICATIONS
6.2 Warranty
6.3 Environmentally Friendly (“Green”) Product
12
UNIVERSITY OF WISCONSIN
CONTRACT NO.: 11-5048
TABLE OF CONTENTS (cont.)
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D
ATTACHMENT E
ATTACHMENT F
ATTACHMENT G
PAGE
BIDDER RESPONSE SHEET
13-16
SPECIFICATIONS
17-18
ITEMIZED BID LIST
19
CLIENT REFERENCE LIST
20
BIDDER INFORMATION SHEET
21
SUPPLIER DIVERSITY, MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM COMMITMENT22
STANDARD TERMS AND CONDITIONS
23-27
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 1 OF 27
INTRODUCTION
SECTION #1: SUBMITTAL INSTRUCTIONS
A completed and signed bid response must be received and date/time stamped in by UW-Madison
Purchasing Services prior to 2:00 p.m. CST on the stated bid due date to be considered. Bids not so
date/time stamped shall be considered late. Late bids shall be rejected. You have been supplied with
a pre-addressed return label. Please fill in your vendor name and address on the return label to help us
identify this bid response. Please use one of the options below for return of your bid.
MAILING:
Original and one (1) copy of mailed bids must be received and date/time stamped at Purchasing
Services, 21 N. Park Street, Suite 6101, Madison, WI 53715-1218, prior to 2:00 p.m. CST on the stated
bid due date.
HAND DELIVERY:
Original and one (1) copy of hand-delivered bids may be delivered by vendor or third-party/courier
service in a sealed envelope or package. Call 608-262-1526 for assistance upon arrival. Bids
must be received and date/time stamped at Purchasing Services, 21 N. Park Street, Suite 6101,
Madison, WI 53715-1218, prior to 2:00 p.m. CST on the stated bid due date.
RETURN ADDRESS LABEL:

OFFICIAL SEALED
NUMBER: 11-5048
DUE DATE: 12/06/10
TIME: 2:00 PM CST
INSERT
VENDOR NAME HERE: ______________________________________
ADDRESS: ________________________________________________
________________________________________________
________________________________________________
UNIVERSITY OF WISCONSIN-MADISON
PURCHASING SERVICES
21 N PARK ST, SUITE 6101
MADISON, WI 53715-1218
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
1.1
BID RESPONSE REQUIREMENTS:
In order for your bid to be considered, the following forms/information must be completed and submitted as
part of your bid response. Failure to provide these forms/information with your bid submittal may disqualify
your bid.
1.
2.
3.
4.
5.
6.
7.
8.
1.2
CONTRACT NO.: 11-5048
PAGE 2 OF 27
Request for Bid Form (signed)
Bidder Response Sheet (including attachments as requested on Bidder Response Sheet) (Attachment A)
Specifications, descriptive brochure and detail for the item(s) bid (Section 6) (Attachment B)
Itemized Bid List (Attachment C)
Client Reference List (Attachment D)
Bidder Information Sheet (Attachment E)
Supplier Diversity, Minority Business Enterprise (MBE) Program Commitment (Attachment F)
Standard Terms and Conditions (Attachment G)
PLEASE SEND TWO (2) COMPLETE SETS OF YOUR
RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 3 OF 27
SECTION #2: GENERAL INFORMATION
2.1
Purpose:
The University of Wisconsin-Madison, hereinafter referred to as the "University", through its Purchasing
Services Department, hereinafter referred to as "Purchasing," on behalf of Facilities Planning & Management
hereinafter referred to as "FP&M," requests bids for the purchase of Semi-Instantaneous Water Heaters and
Repair Parts.
The estimated annual item quantities identified on the "ITEMIZED BID LIST" are for bid purposes only the
estimated annual value of this contract is $50,000.00. The University does not guarantee to purchase any
specific quantity or dollar amount.
Conditions of bid which include the word “must” or “shall” describe a mandatory requirement. All specifications
are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a
given specification, condition of bid or provide a specific item/service on the Itemized Bid List, Purchasing
reserves the right to delete that specification, condition of bid or item without having to complete the bid process
again. FAILURE TO MEET A MANDATORY REQUIREMENT SHALL DISQUALIFY YOUR BID. This contract
bid document and the awarded bidder’s (Contractor’s) response information shall become the Contract.
See SPECIFICATIONS and/or ITEMIZED BID LIST for the minimum acceptable specifications for items/services
desired. If you are bidding an alternate item, please provide complete specifications, documents and materials
showing performance features and details for the items/services you propose to furnish for the items being bid.
For alternate items being bid, the Bidder must clearly identify by manufacturer’s name, catalog and model
number. See “Standard Terms and Conditions,” items 1, 2, 3, and 5.1.
Revisions to this bid may be made only by an official written amendment issued by Purchasing.
2.2
Definitions:
The following definitions are used throughout the Special Conditions of Bid:
Agent means UW Madison Purchasing Agent responsible for this Request for Bid. Full contact information
can be found in Section 3.1.
Bidder means a firm submitting a bid in response to this Request for Bid
Contractor means successful Bidder awarded the bid.
Department means UW-Madison Department of Facilities Planning & Management.
FP&M means Facilities Planning & Management
MBE means Minority Business Enterprise.
P-Card means Procurement Card (State credit card).
RFB means Request for Bid.
State means State of Wisconsin.
University and UW both mean University of Wisconsin-Madison.
2.3
Eligible Purchasers:
All University of Wisconsin-Madison campus locations must be eligible to purchase from this contract.
In addition, other U.W. System campuses, State of Wisconsin agencies, Wisconsin municipalities and NonProfit Organizations specifically linked by their mission to the University of Wisconsin Madison, may desire to
purchase from this contract. Bidders should state on the Bidder Response Sheet whether they agree to provide
contract items/services to these other locations.
A Wisconsin municipality is defined by Wisconsin Statute 16.70(8) to include counties, cities, villages, towns,
school boards, sewage, drainage, vocational, technical and adult education districts, and other bodies with the
power to award public contracts.
This contract must not be construed as mandatory upon any University campus, State agency or municipality.
The University reserves the right to issue separate bids when deemed in the best interest of the University.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
2.4
CONTRACT NO.: 11-5048
PAGE 4 OF 27
Affirmative Action:
As a State agency, the University requires contractors issued any purchase order exceeding $25,000.00 to
provide an Affirmative Action Plan. Failure to comply appropriately with these requirements may lead to your
company being banned from doing business with any agency of the State of Wisconsin. Additionally, failure to
comply with this requirement may result in termination of this contract and withholding of payment. On the
Bidder Response Sheet please provide the requested information.
For additional information see section 17.0 of the Standard Terms and Conditions
(http://www.bussvc.wisc.edu/purch/stdterms1.html). Some exceptions may apply. FAQ info is available at:
http://www.bussvc.wisc.edu/purch/VendorInfo/AffAction/AffirActionInfo.html. Instructions for completing a plan
are available upon request.
2.5
Wisconsin Sales and Use Tax Registration:
No award can be made to a vendor who is not in compliance with Sec. 77.66 of the Wisconsin State Statutes
(vendornet.state.wi.us/vendornet/wocc/certtax.asp) relating to sales and use tax certification.
If you have not established a certification for Collection of Sale and Use Tax status with the Wisconsin
Department of Revenue, the University and any other state agency can not issue any purchase orders to your
firm. For additional information see http://www.dor.state.wi.us/html/vendlaw.html
2.6
VendorNet:
The State of Wisconsin has implemented a web-based registration system called “VendorNet” to enable
registered vendors to receive notice of all Official Sealed Bids/Request for Proposals (over $25,000.00) as
solicited by all state agencies.
To obtain information on the state’s bidder registration, please visit the VendorNet Web site at
http://vendornet.state.wi.us or call the VendorNet Information Center (1-800-482-7813). In the Madison area,
please call 264-7898.
2.7
Orders:
Under this contract, Specific order(s), Contract blanket order(s), or Purchasing Card orders (defined below) may
be issued to the Contractor(s). Bidder should identify method by which you will accept orders against this
contract (e.g. e-mail, fax, internet, mail, phone, etc.).
2.7.1 Specific order(s): issued as one-time orders.
2.7.2 Contract blanket order(s): issued for a specified period of time, to allow departmental personnel to issue
releases against the Contract blanket order(s) as needed.
2.7.3 Purchasing Card order(s): issued as one-time order(s).
2.8
Electronic Commerce/Online Ordering:
Customers of this contract may want to take advantage of electronic ordering and “E-Commerce opportunities
that may be offered by the Contractor. If electronic ordering methods are used, the following conditions will
apply:
The terms of this RFB will take precedence over any auxiliary or ancillary contract that may be accepted by any
employee of the University or State. Any terms, conditions, clauses or specifications that are not consistent with
the terms, conditions, or specifications of the RFB will be considered null and void and will not be enforceable by
the Contractor unless agreed to in a written amendment format signed by the Contract Administrator. These
contracts include, at a minimum, “Wrap Around”, “Click and Wrap”, Electronic Commerce contracts, auxiliary or
ancillary service contracts, or any other additional contracts that further define or add additional service
elements to the master contract.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
2.9
CONTRACT NO.: 11-5048
PAGE 5 OF 27
Campus Delivery Requirements:
2.9.1 Delivery of orders shall be made to University departments five days per week, Monday through Friday,
during normal University business hours.
2.9.2 The University of Wisconsin-Madison no longer permits access to trucks over 30 ft. in length on several
designated streets on this campus. The exceptions are trucks necessary for the delivery or pick up of
perishable commodities, private construction vehicles, vehicles carrying radioactive materials, and campus
service vehicles. For specific policy language, a campus map and restrictions, see the University
Transportation Services website at http://transportation.wisc.edu/resources/large_truck.aspx.
2.9.3 This contract requires that Contractor deliver goods to the stated delivery address in accordance with the
30’ truck policy referenced in section 2.9.2 above. Any unique delivery arrangements must be preapproved by contacting the ordering department or Material Distribution Services (MDS) at (608) 4974400. MDS reserves the right to charge Contractor reasonable material handling fees for any deliveries
they make for the Contractor.
2.10
Parking:
University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own
arrangements for parking through UW Transportation Services at 610 N. Walnut Street, WARF Building Room
#120, Madison, WI 53726 (608) 263-6667. No additional Contractor costs will be allowed for parking fees or
violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed
and/or towed.
2.11
Smoke-Free Environment:
All University buildings are smoke-free buildings.
2.12
Promotional Materials/Endorsements:
Contractor agrees that they will not use any promotional or marketing material which states expressly or implies
that the University endorses either the Contractor or any party related to the Contractor or this Contract.
2.13
Energy Star:
The State encourages the use of equipment which meets the Environmental Protection Agency (EPA) Energy
Star™ requirements. The Energy Star Program is a voluntary contract between an Original Equipment
Manufacturer (OEM) and the EPA. It is not mandatory that every device offered under this bid meet Energy
Star requirements but the bulk of the product line should be energy efficient. Bidder should identify those items
which meet the Energy Star requirements on the Bidder Response Sheet.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 6 OF 27
SECTION #3: RFB PROCESS INSTRUCTIONS
3.1
Clarifications and/or Revisions through Designated Contact:
All communications and/or questions in regard to this request should be in writing and bidders are encouraged
to FAX or e-mail written questions to the Agent. Verbal questions, when permitted, must be directed to the
Agent.
If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this
RFB, they have five (5) business days after the bid issue date and time to notify, in writing, the Agent at the
address shown below of such error and request modification or clarification of the RFB document. All written
questions will be responded to in writing and provided to all bidders.
The Contract Administrator for the University is:
Charlene M. Simonson, Purchasing Manager
Facilities Planning & Management Purchasing Office
1217 University Ave., Madison, WI 53706-1589
PHONE: 608-265-0656 / FAX: 608-262-0568
EMAIL: [email protected]
Day- to-day operations for the University will be handled by:
Tim Sell, Purchasing Agent
Facilities Planning & Management Purchasing Office
1217 University Ave., Madison, WI 53706-1589
PHONE: 608-262-1208 / FAX: 608/262-0568
EMAIL: [email protected]
If a Bidder fails to notify the Purchasing Office of an error in the RFB document which is known to the Bidder, or
which should have reasonably been known to the Bidder, then the Bidder shall submit a bid response at the
Bidder’s risk and if awarded a contract, shall not be entitled to additional compensation or delivery or installation
time by reason of the error or its later correction.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of
this RFB, amendments and revisions will be provided to all recipients of this initial RFB.
3.2
3.3
Applicable Dates:
Date
Event
November 18, 2010
Date of Issue of the RFB
November 29, 2010
Written questions due
December 6, 2010 -- 2:00 PM CST
RFB Due Date (Local Madison Time)
Contract Term:
The initial term of this contract shall be February 1, 2011 or date of award, through January 31, 2012 or one (1)
year after date of award. This contract will be automatically renewed for two additional one-year terms, unless
Purchasing is notified, in writing, by the Contractor; or notifies the Contractor, in writing, 90 calendar days prior
to expiration of the initial and/or succeeding Contract term(s). Such renewal will be by mutual agreement of
University and the Contractor(s).
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 7 OF 27
3.4
Conflict of Interest:
By submitting a bid, the bidder certifies that no relationship exists between the bidder and the University that
interferes with fair competition or is a Conflict of Interest, and no relationship exists between such bidder and
another person or firm that constitutes a Conflict of Interest.
3.5
Proprietary Information:
Any information contained in the Bidder’s response that is proprietary must be detailed separately on form DOA3027. Marking of the entire response as proprietary will neither be accepted nor honored. The University
cannot guarantee that all such material noted remains confidential, particularly if it becomes a significant
consideration in contract award. Information will only be kept confidential to the extent allowed by State of
Wisconsin Public Disclosure Law (refer to Standard Terms and Conditions, Section 27.0). A copy of the form
needed to designate portions of your submission as proprietary can be found at:
http://vendornet.state.wi.us/vendornet/doaforms/doa-3027.doc
3.6
Reasonable Accommodations:
University will provide reasonable accommodations, including the provision of informational material in an
alternative format, for qualified individuals with disabilities upon request. If you think you need alternative
accommodations for your site visit, contact Charlie Simonson at (608) 265-0656.
3.7
Method of Bid:
Bidder must submit a net unit price and an extended net total for each item specified with a total for the Lot.
Prices listed should be in US dollars unless otherwise indicated.
 Bids for item numbers which could include multiple specific catalog numbers (a series) should be indicated
on the Itemized Bid List as a "Series".
-ANDCustom charges/fees should not be included in the bid price. The University will be responsible for obtaining
custom charges/fees and will determine the customs broker to be used for entry into the United States. Failure
to eliminate these costs from your bid may result in disqualification of your bid. If these charges are identified in
your bid, they will be deducted from your total bid price for award consideration. Custom charges will not be
paid under any circumstances.
3.8
Method of Award:
Award(s) shall be made on the basis of the lowest net unit price(s) for the line items and net Lot total which ever
is judged to be in the best interest of the University. Bids that state the University shall guarantee orders of a
specific quantity or dollar amount will be disqualified.
3.9
Minority Business Enterprise (MBE) Preference:
Bids meeting mandatory requirements will be reviewed and considered against the stated terms, conditions and
specifications of bid. Bids from Wisconsin certified Minority Business Enterprises may have their prices and
discounts weighted by a factor of 1.00 to 1.05 to provide up to a five percent (5%) preference to MBE firms.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 8 OF 27
SECTION #4: BIDDER QUALIFICATIONS
To be eligible for a Contract award, you must be qualified and able to provide the following as required or your bid will
be disqualified (respond on "Bidder Response Sheet".)
4.1
Bidder Contact Information:
Bidder must designate a person(s) to provide information on: Contract Problems, Contract Renewal/
Cancellation, Invoice Information, Ordering/Expediting, Returns, Minority Business, Affirmative Action and Sales
Representative. (See Attachment A – Bidder Response Sheet)
4.2
Bidder Experience:
Bidder must be in the business of providing semi-instantaneous water heaters and repair parts and must have
done so for the past three (3) years.
4.3
Authorization:
Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer. On Bidder
Response Sheet identify account number with manufacturer, as applicable.
4.4
Client List/References:
Bidder must supply upon request a client list of three (3) firms to which similar items/services have been provided
during the past three (3) years to a comparable sized institution or company (see Attachment D). If contacted,
information received from those clients will be used to determine whether bidder can reasonably meet contract
requirements and specifications. Client references may be used in the award consideration.
4.5
Fair Price Analysis:
Purchases made under this contract may require further fair price analysis if only one bidder responds. Bidders
should identify on the Bidder Response Sheet the type of documentation they will provide (i.e. published price list,
list of previous buyers, etc.) to allow the University to complete this analysis. If necessary for the award of the
Contract, the awarded Contractor will be required to provide this documentation prior to the order being issued.
4.6
Minimum Order:
Bids that require any minimum order quantity or dollar amount may be disqualified.
4.7
Debarment:
Federal Executive Order (E.O.) 12549 “Debarment“ requires that all contractors receiving individual awards,
using federal funds, and all subrecipients certify that the organization and its principals are not debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or
agency from doing business with the Federal Government. By signing this document you certify that your
organization and its principals are not debarred. Failure to comply or attempts to edit this language may
disqualify your proposal. Information on debarment is available at the following websites: www.epls.gov and
https://www.acquisition.gov/far/.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 9 OF 27
SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS
PRICE LISTS: All price lists should be submitted via paper copy and CD ROM, Excel, Word or PDF format.
Referencing your website for pricing information is not sufficient.
5.1
5.2
Firm Prices:
5.1.1
Prices must remain firm for the initial contract term. Prices established may be lowered due to
changes in general market conditions or negotiations between the Contractor and the University.
5.1.2
Price increase requests proposed after the initial Contract term must be received by Purchasing in
writing 90 calendar days prior to the beginning of the next contract term for acceptance or rejection.
Proposed price increases are limited to fully documented cost increases submitted with the request. If
Purchasing deems cost increases are not acceptable, it reserves the right to rebid the contract in
whole or part or to negotiate price increase requests with the Contractor. Acceptance of the price
increases shall be in the form of an amendment to the contract publication.
5.1.3
Non-Listed, Related Items:
5.1.3.1
The University requests that all non-listed, related items available from the manufacturer be
made available at a single percentage discount from the manufacturer's catalog or price list
identified by the bidder on the Itemized Bid List.
5.1.3.2
Percentage discount(s) for non-listed, related items must remain firm during the initial and
each succeeding Contract term; or may be renegotiated by the University and the
Contractor.
5.1.3.3
One (1) paper copy and two (2) 2 CD Rom copies of the price list in Excel, Word or PDF
format of the manufacturer catalog or price list for the non-listed, related items should
accompany your bid response. After award, Contractor must also provide copies to
Purchasing and University departments upon request.
5.1.3.4
Should price lists change for non-listed, related items during the Contract term, it is the
responsibility of the Contractor to submit a letter, referencing the Contract number, and
send (1) paper copy and two (2) 2 CD Rom copies of the price list in Excel, Word or PDF
format of the new price list or revised portions, to Purchasing, 90 days prior to any price
increase becoming effective. Invoices shall be audited using the most current price list on
file in Purchasing on the date order was placed. An acceptance of the price list change will
be in the form of an amendment to the Contract publication.
5.1.3.5
Price lists should be labeled with the contract number, item(s) and manufacturer(s)
if applicable, to which they apply.
F.O.B. Destination, Freight Prepaid and Allowed: (vendor responsible for freight costs with ownership
changing at UW delivery location).
Delivery will be made by common carrier or Contractor’s truck, with unloading to be performed by the
carrier/contractor and carton(s) transported to the interior/ground floor or inside dock at 30 N. Mills St. Madison,
WI 53715. Bid prices must include all packing, freight, insurance charges and installation/operation manuals.
If bidding other than F.O.B. Destination, as stated, F.O.B. point and shipping charges must be identified on the
Itemized Bid List. This cost will be added to the bid total for determining the award.
Delivered Duty Unpaid (DDU). Bidders must include costs from bidders door to port of destination and local
delivery charges. The University will be responsible for all United States duty fees, port of entry documentation
fees, custom clearance, tax, etc., if applicable.
Please indicate on the Bidder Response Sheet the Country of Origin and Shipping Point.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 10 OF 27
NOTE: As necessary, awarded Contractor must use the University's contracted customs broker, to be
identified on the purchase order.
Custom duty costs and forms (if applicable) will be handled by the University through the University’s contracted
customs broker. (See Method of Award, Custom Duty Costs.)
Failure to bid FOB DESTINATION, FREIGHT PREPAID AND ALLOWED in bid price or discount may disqualify
your bid.
5.3
Timeliness of Delivery:
Delivery is desired as soon as possible after receipt of an order. Please state on the Bidder Response Sheet
when delivery can be made. Timeliness of delivery may be used in evaluation for bid award.
The Contractor is required to notify the ordering department of any back order, discontinuation of item(s) or
other delays in shipping within 24 hours of receipt of order or release against existing order(s).
5.4
5.5
Item Return Policy:
Contractor should provide for return of items ordered in error for up to 30 calendar days from receipt with the
University paying only the return shipping costs. Bidder should indicate in detail on the Bidder Response Sheet
their company’s return policy.
Additional Items/Services:
Similar items/services may be added to this Contract provided it was mutually agreeable to both Purchasing
Services and the Contractor. Scope of work and pricing (including discounts) must be consistent with the
current contract items/services.
Contractor should promptly notify Purchasing of new or discontinued items.
5.6
Invoicing Requirements:
Invoices for Purchase Orders:
5.6.1
Contractor must agree that all invoices and purchasing card charges shall reflect the discounts and net
prices established for the items/services on this contract for all orders placed even though the contract
number and/or correct prices may not be referenced on each order or at time of purchasing card order.
The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt of
properly submitted invoices by University Accounts Payable. Before payment is made, Accounts
Payable must verify that all invoiced charges are correct per this Contract. Only properly submitted
invoices will be officially processed for payment. The Prompt Payment Policy requires that your
invoices be clear and complete and in conformity with the list below and must be itemized showing:








Contractor name
remit to address
purchase order number
release number if given
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 must be sent to University Accounts Payable, 21 N Park St, Suite 5301, Madison,
WI 53715-1218 unless the customer identifies and establishes a different bill-to location.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 11 OF 27
Purchasing Card:
Order confirmation shall contain the same detail as listed in Section 5.6.1 and should be sent to the address
given at the time of the order is placed.
5.6.2
In some cases and at the discretion of the University department customers, final payment may not be
made until the item/service meets specifications and has been accepted by the University.
5.7
Invoice Payment:
Payment will not be made until the item/service is determined to meet all specifications and has been accepted
by the University of Wisconsin-Madison.
5.8
Shipments, Duplicates and Overshipments:
Upon notification by the University of a duplicated order or overshipment, the items identified must be removed
at the Contractor's expense. If the duplicated or overshipment items are not removed within 30 days of written
notification, the University reserves the right to dispose of them as its own property and shall not be held liable
for any cost for the items.
5.9
Activity Reports:
Contractor must be able to report on an annual basis all items/services purchased against this Contract.
5.10
Contract Termination
This Contract may be terminated by either party for the following conditions:
5.10.1 After the initial term of the Contract, the University may terminate the Contract at any time, without
cause, by providing 30 days written notice to the Contractor. If the Contract is so terminated, the
University is liable only for payments for items/services provided or performed up to the date of the
termination.
5.10.2 Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the
other party in writing by mail of such failure and demand that the same be remedied within 30 calendar
days. Should the defaulting party fail to remedy the same within said period, the other party shall then
have the right to terminate this Contract immediately. Performance failure can be defined as but not
limited to: unauthorized substitutions or failure to provide any of the Terms, Conditions, Specifications or
Special Conditions of Bid.
5.10.3 If at any time the Contractor’s performance threatens the health and/or safety of the University, its
staff, students or others who may be on campus, the University has the right to cancel and
terminate the Contract without notice.
5.10.5 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 University has the right, in
addition to any other rights of whatsoever nature that it may have at law or inequity, to terminate
this Contract by giving 10 calendar days notice in writing of such termination.
5.10.6
5.11
All notices of performance failure must be submitted in writing to Purchasing, 21 N Park St, Suite 6101,
Madison, WI 53715-1218. Purchasing shall be final authority for all performance failure determinations not
resolved through FP&M.
Executed Contract to Constitute Entire Contract
The University's Request for Bid the bid responses, written communications and this Contract constitute the
entire Contract between the parties. The hierarchy of documents in descending order for resolution is as
follows:
A.
B.
C.
D.
Contract Award Letter
Original Request for Bid Number 11-5048, dated November 18, 2010 including amendments/attachments
Bidder response to RFB
Official Purchase Order (when applicable)
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 12 OF 27
SECTION #6 SPECIFICATIONS
SPECIFICATIONS OF ITEMS TO BE PROVIDED: (see ATTACHMENT B)
See SPECIFICATIONS and/or ITEMIZED BID LIST for the minimum acceptable specifications for items/services
desired.
Failure to provide product specifications and information for item(s) bid may disqualify your bid. The University will be
the sole judge of equivalent acceptability between bidders responses.
UW Specifications may not be revised without an official written amendment issued by Purchasing.
6.1
The manufacturer’s items shown on the ITEMIZED BID LIST are currently being used at UW-Madison. Bidder
may offer an alternate manufacturer item believed to be an equal to those listed. Any alternate item(s) bid must
be clearly identified by manufacturer and catalog, model or stock number. Adequate detailed specifications of
the alternate item offered must be included with your bid to establish equivalency and to insure that the item
being bid meets all specifications.
6.2
Warranty:
Contractor must honor, at a minimum, the manufacturer's standard warranty on items and/or parts purchased
under this contract. Bidder must indicate warranty term on Bidder Response Sheet and enclose standard
warranty documents with your bid.
6.3
Environmentally Friendly (“Green”) Product:
Contractors are encouraged to identify products that are made of recycled products, that use environmentally
friendly production methods, or that can be recycled at the end of their service life. The UW will make every
effort to purchase “Green” products wherever feasible or possible based on individual project needs and funding
available.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 13 OF 27
ATTACHMENT A: BIDDER RESPONSE SHEET
NOTE: This form must be returned with your bid response. Numbers identified correspond to those Sections shown
in the SPECIAL CONDITIONS OF BID. Bidder may attach additional relevant information to their bid response; identify
sections to which information applies.
YES
NO
MINORITY BUSINESS PARTICIPATION:
Bidder understands that if they are awarded the contract, they agree to provide upon request,
as required, a MBE Participation Annual Report of all dollars spent with all minority subcontractors?
==========================================================================================
Terms and Conditions
A contract will be awarded based on the criteria established in this bid. The Specifications, Special and Standard Terms
and Conditions, Attachments to the bid document, Bidder response and any UW Madison Purchase Order will become
the Contract between the University and the Contractor. Bidder must accept these Specifications, Special and
Standard Terms and Conditions or submit detailed and defined exceptions along with proposed alternative or additional
language for each exception.
Submitting a standard Bidder Contract as a complete substitute or alternative for the language in this solicitation will not
be accepted and may result in rejection of the vendor’s bid.
The University reserves the right to negotiate contractual terms and conditions or reject the Bidder’s response and
proceed to the next qualified bidder.
==========================================================================================
Do you have the capability of putting the University’s specific pricing on a WEB site that is
accessible to University Purchasers through a unique logon ID?
If yes, does your Website provide a means of on-line ordering with our specific
pricing being applied automatically?
If yes, does your Order System accept Purchasing Cards for payment?
If yes, does your Order System provide a self service means for the customer to track
their order via Internet?
1.1
Have you completed and returned all forms required?
1.2
Have you included Three (3) complete sets of your bid?
2.3
Do you agree to extending the contract to other:
University of Wisconsin System campuses?
State of Wisconsin Agencies?
Wisconsin Municipalities?
Non-Profit Organizations specifically linked by their mission to the
University of Wisconsin Madison?
If YES, indicate whether other charges will be added and what those
charges would be: ___________________________________________________
2.7
What order method will you accept orders against this contract:
E-mail
Fax
Internet
Mail
Phone
Other: ______________________________________________
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 14 OF 27
YES
2.13
Which of your items meet the Energy Star requirements?
_______________________________________________________
_______________________________________________________
4.1
Bidder must designate a person(s) to provide information on: Contract Problems, Contract
Renewal/Cancellation, Invoice Information, Ordering/Expediting, Returns, Minority Business,
Affirmative Action and Sales Representative.
Contract Problems
Contract Renewal/Cancellation
Invoice Information
Ordering/Expediting
Returns
PHONE NO.
________________
________________
________________
________________
________________
FAX NO.
________________
________________
________________
________________
________________
MINORITY BUSINESS
Contact Name: _______________________
PHONE: ____________________________
FAX: _______________________________
E-MAIL:_____________________________
AFFIRMATIVE ACTION
Contact Name: _______________________
Address: ____________________________
__________________________________
__________________________________
PHONE: ____________________________
SALES REPRESENTATIVE: Name: ___________________________________________
Phone: ___________________ Fax: __________________
EMAIL: ________________________________________________________
WEBSITE: _____________________________________________________
QUESTIONS:
Contact Name: _______________________________
Corporate Address: ____________________________
___________________________________________
___________________________________________
PHONE: ______________________________________
EMAIL _________________________________________
4.2
Are you in the business of providing Semi-Instantaneous Water Heaters
and has your company or its principals done so for the past three (3) years?
4.3
Are you an original manufacturer, authorized distributor, or dealer authorized by
manufacturer?
(Identify account number with manufacturer, as applicable.)
Account # ___________________________
4.4
Will you provide a client list when requested?
NO
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 15 OF 27
YES
4.5
What type of documentation (i.e. published price list, list of previous buyers, etc.) will you
provide to assist the University in its fair price analysis in the event there is only one bidder
responding to the bid?
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
4.6
Do you agree to no minimum order quantity or dollar amount?
4.7
Do you certify that your organization nor your principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any federal department or agency?
5.1.1
Firm Prices
Specific Items: Do you agree to firm prices as stated?
5.1.2
Do you agree with process and timeframe identified for accepting price increases?
5.1.3.2
Non-listed, Related Items: Do you agree to firm discounts as stated?
5.1.3.3
Have you provided one (1) paper copy and two (2) 2 CD Rom copies of price lists
as required?
Will you provide additional copies to Purchasing and University departments upon request?
5.1.3.4
Do you agree with process and timeframe identified for accepting price increases?
5.2
Are you bidding all prices F.O.B. Destination, Freight Prepaid and Allowed?
(Be sure to read Section 5.2 carefully)
5.3
Please state delivery time ____ days After Receipt of Order (ARO).
Will you notify ordering department of backorders, discontinuation or delays
as stated?
5.4
Do you agree with return policy? If not, state your return policy in detail.
5.6
Will you agree that all invoices will reflect prices established for items on this Contract
for all orders placed even though the Contract number and/or correct prices may not be
referenced on each order?
Will you accept orders placed using a Purchasing Card?
If YES, orders placed using a purchasing card must reflect current contract pricing.
Any fees charged for use of the University’s purchasing card program are not allowed
according to Visa Procurement card rules.
_________________________________________________________________________
_________________________________________________________________________
5.8
Do you agree to terms regarding duplicates and overshipments?
5.9
Can you report on items purchased on this contract if requested?
6.2
Will you honor manufacturer standard warranty?
If YES, have you enclosed standard warranty documents?
Warranty term: __________________
NO
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 16 OF 27
YES
6.3
NO
Have you identified products that are made of recycled products that use environmentally
friendly production methods, or that can be recycled at the end of their service life?
I certify that the information I have provided in this bid is true and I understand that any false, misleading or missing
information may disqualify the bid.
__________________________________________
Company Name (print or type)
______________________________________________
Bidder's name & title (print or type)
__________________________________________
Bidder's Signature
______________________________________________
Date
__________________________________________
E-mail address
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 17 OF 27
ATTACHMENT B: SPECIFICATIONS
6.1 The Bidder’s response must be clearly identified by manufacturer and catalog/model/stock number and/or
appropriate identification as requested on the Itemized Bid List. Adequate detailed specifications of the items being
offered or bid must be included with your bid to insure that the item(s) being bid can be compared to determine if
the items meet all specifications.
Manufacturer known to meet these specifications: Cemline SSH Series Semi-instantaneous Water Heaters
Note: The following applies to water heaters Sections 6.1.1 through 6.1.3.

Type-factory fabricated and packaged, double wall semi-instantaneous steam to water heater with horizontal
cupronickel tube bundle

Construct and stamp in accordance with Section VIII of the ASME code for a working pressure of 150 PSIG

Design with flanges and unions at steam, condensate and water connections for removal of heat exchanger

All materials (including fittings and piping) in contact with domestic water are to be non-ferrous. Cupronickel
double wall bundle with non-ferrous tube sheets and baffles, cupronickel, hot water shell. Cast iron or steel
steam chamber.

Controls: 2-way normally closed pneumatic spring return modulating control valve with stainless steel trim,
TFE seat and packing, sensing bulb, adjustable controller and load anticipator capable of maintaining outlet
temperature within +/- 4° of set point over flow range of 3-100% of rated flow. Double solenoid electric hi-limit
with automatic reset capable of shutting steam valve on over temperature. All wiring to be factory packaged,
enclosed in control enclosure or conduit.

Accessories: ASME temperature and pressure relief valves, steam and condensate strainers, main and
auxiliary steam traps, water thermometer, steam pressure gauge, 1 ½” fiberglass insulation with painted steel
jacketing, painted structural steel support frame, lifting lugs, bronze 1/12 HP circulator pump with isolation ball
valves and disconnect switch, Type K ASTM B88 copper water piping, Schedule 40 ASTM A53 black steel
piping, Schedule 80 ASTM black steel condensate piping.

Coil shall be double walled ¾” O.D. tubing with vented leak paths

Furnish water heater with additional safety system designed to relieve excessively heated water from vessel.
The safety system shall be programmable for set point and differential and shall be of the electronic type.
6.1.1
Water Heater
Semi-instantaneous
Tank Size 16” X 33” O.A.L.
2” Inlet
2” Outlet
¾” O.D Tubes double wall with 90/10 Copper-Nickel
Designed to heat 20 G.P.M. of water to 50° to 140° using 10 P.S.I. steam at control and 5 P.S.I. steam at
tubes
All materials in contact with water shall be non ferrous
6.1.2
Water Heater
Semi Instantaneous
Steam Powered
Designed to heat 40 G.P.M. of water to 50° to 140° using 10 P.S.I. steam at the control and 5 P.S.I steam
in the tubes
2 1/2” inlet
2 1/2” outlet
All materials in contact with water shall be non ferrous
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
6.1.3
6.2
CONTRACT NO.: 11-5048
PAGE 18 OF 27
Water Heater
Semi Instantaneous
Steam Powered
Designed to heat 60 G.P.M. of water to 50° to 140° using 10 P.S.I. steam at the control and 5 P.S.I steam
in the tubes
3” inlet
3” outlet
All materials in contact with water shall be non ferrous
Warranty:
Non-prorated 10 year warranty for heat exchanger, shell and load anticipator controls against any failure.
Provide factory warranty with shop drawing submittals and operation and maintenance manuals.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 19 OF 27
ATTACHMENT C: ITEMIZED BID LIST
Lot 1
ITEM
NO.
Bidding Manufacturer____________________________
ITEM DESCRIPTION
IDENTIFY MODEL NUMBER
FOR MANUFACTURER BID
QTY
NET UNIT BID PRICE
1.
Cemline SSH Series Water heater or equal per
specifications Section 6.1.1
____________________
1 ea.
$______________/ea.
2.
Cemline SSH Series Water heater or equal per
specifications Section 6.1.2
____________________
1 ea.
$______________/ea.
3.
Cemline SSH Series Water heater or equal per
specifications Section 6.1.3
____________________
1 ea.
$______________/ea.
LOT TOTAL (Add Items 1 Through 3) --►
$________________
All non-listed, related items from manufacturer's catalog or product list are available at ____% discount. The current
manufacturer’s catalog/price list is titled ______________________ and is dated _______ and/or numbered
____________. (Attach additional pages as needed to identify all catalog and price lists and identify on the Itemized
Bid List the discounts for each of the catalogs or price lists offered.) If more than one price column exists on the price
list, Bidder must identify which column will be used as the "list price" from which the discount would be applied.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 20 OF 27
ATTACHMENT D - CLIENT REFERENCE LIST
Bidder Name:____________________________________________________________________________________
The Bidder must provide a minimum of three (3) business references.
1.
Reference Name: _____________________________________________ Contact: ___________________________
Address: _____________________________________________________________________________________________
Phone #: (
) ____________________ E-mail address_______________________________________________________
Fax/Internet address:____________________________________________________________________________________
Description and date(s) of commodities and services provided: __________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
2.
Reference Name: _____________________________________________ Contact: ___________________________
Address: _____________________________________________________________________________________________
Phone #: (
) ____________________ E-mail address_______________________________________________________
Fax/Internet address:____________________________________________________________________________________
Description and date(s) of commodities and services provided: __________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
3.
Reference Name: _____________________________________________ Contact: ___________________________
Address: _____________________________________________________________________________________________
Phone #: (
) ____________________ E-mail address_______________________________________________________
Fax/Internet address:____________________________________________________________________________________
Description and date(s) of commodities and services provided: __________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
References may be contacted to confirm the Bidder’s abilities and qualifications as stated in the Bidder’s
response. The University may perform due diligence by contacting any applicable business reference,
including references from within the UW System. The University reserves the right to disqualify any Bidder
whose references don’t support their stated claim of qualifications in their response.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 21 OF 27
ATTACHMENT E: BIDDER INFORMATION SHEET
VENDOR NOTE: THIS SECTION MUST BE COMPLETED AND THIS FORM RETURNED WITH YOUR BID
RESPONSE
1. In accordance with Wisconsin Statutes 16.75(3m), 16.752 and 560.035(1)(c), please indicate below if you are a
Wisconsin Certified minority business (MBE), work center (WC) or woman owned business (WBE) (see websites:
http://www.commerce.state.wi.us/bd/BD-MinorityandWomen.html or http://stateuseprogram.wi.gov/section.asp?linkid=1424&locid=65 ).
____ Minority (MBE) ____ Work Center (WC) ____ Woman Owned Business (WBE) ___ Not applicable
(If no answer is indicated above, we will assume that you are none of the above when making the award.)
2. Pursuant to Public Law 95-507, indicate which of the following classifications apply to your organization. All
vendors are considered Large Business unless otherwise indicated (see website: www.sba.gov/). (Check √ all
that apply.)
____________ LARGE BUSINESS (LG)
____________ SMALL BUSINESS (SB)
____________ VETERAN OWNED SMALL BUSINESS (VOSB)
____________ SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB)
____________ HISTORICALLY UNDER UTILIZED BUSINESS ZONE (HUBZONE)
____________ SMALL DISADVANTAGED BUSINESS (SDB)
____________ WOMAN-OWNED SMALL BUSINESS (WOSB)
3. AMERICAN MADE: Wisconsin Statutes S. 16.754, directs the state to purchase materials which are
manufactured to the greatest extent in the United States when all other factors are substantially equal.
“Substantially equal” means when bids are tied or proposal scores are equal. Indicate whether the material
covered in your bid/proposal were manufactured in whole or in substantial part within the United States, or the
majority of the component parts thereof were manufactured in whole or in substantial part in the United States.
____________ YES
____________ NO
____________ UNKNOWN
4. MINORITY BUSINESS PARTICIPATION: As a mandatory component of this proposal (or bid), you must complete
the “Supplier Diversity, Minority Business Enterprise (MBE) Program Commitment” form that is a part of this
document.
I have reviewed, completed and enclosed the “Diversity, Minority Business Enterprise (MBE) Program
Commitment” form.
____________ YES
____________ NO
5. RECYCLED PRODUCTS/PACKAGING/DISPOSAL TECHNIQUES: The University is committed to promote
environmentally sound procurement, usage and disposal methods which are in compliance with State of Wisconsin
County, and Municipal regulations. Currently the University has a recycling program for starch and Styrofoam
packing peanuts. The University’s preference is to receive starch peanuts whenever possible. The Contractor
shall not use INSTAPAK (or similar) or mix starch and Styrofoam peanuts under any circumstances. Each
product shall be separately pre-packed in accordance with commercially accepted methods. Small products may
be packaged in protective envelopes (Mail-Lite or Bubble-Jet packs).
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 22 OF 27
ATTACHMENT F
SUPPLIER DIVERSITY, MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM COMMITMENT
CONTRACT NUMBER:
DATE
11-5048
As an agency of the State of Wisconsin, the University of Wisconsin-Madison shares the state goal of spending 5% of
total purchases with certified minority businesses. State policy provides that Minority owned Business Enterprises
(MBE) certified by the Wisconsin Department of Commerce; Bureau of Minority Development should have the
maximum opportunity to participate in the performance of its contracts. To support the University’s pursuit of the 5%
goal we expect all contracted vendors to proactively subcontract with MBE companies wherever possible.
Your complete response to the questions below will confirm the following; a) an indication that you understand
the University’s goal, b) a listing of vendors with which you intend to subcontract, c) a description of the MBE
expenditures you will be able to report to us, and d) a statement expressing your commitment to complete the
annual report that will reflect your subcontracting efforts for the year.
A complete listing of all certified MBE firms is available at: http://www.doa.state.wi.us/mbe/report2.asp?locid=0 . A
vendor or commodity look up tool is available at: http://www.doa.state.wi.us/mbe/minority_search.asp?locid=0 or you
can contact Keith E. Broadnax, Wisconsin Department of Administration, Minority Business Enterprise Program at 608267-3293 [email protected]
Information regarding certification of minority businesses is available at: http://commerce.wi.gov/BD/BDMinorityandWomen.html or you can direct further questions to Seyoum Mengesha at 414-220-5362 or
[email protected]
Authority for this program is found in Wisconsin Statutes 15.107(2), 16.75(4), and 16.755 and 560.036(2), and details
about the program can be found at: http://www.legis.state.wi.us/acts89-93/83Act390.pdf
Please complete and sign the following information:
1. Our company is a Wisconsin certified MBE.
_____ YES
_____NO
2. We are aware of the University’s goal to spend 5% of their total purchasing dollars
with certified MBE firms.
_____ YES
_____NO
_____ YES
_____NO
3. If this is an on-going contract, we are aware that our company will receive an annual
request from the University to report all expenditure activity with sub-contracted
MBE vendors in support of this contract.
4. Our company intends to subcontract the indicated dollar volume with the MBE firms listed below:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
______________________________
Signature
________________________
Date
______________________________
Printed name
________________________
Title
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 23 OF 27
ATTACHMENT G: STANDARD TERMS AND CONDITIONS
1.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific
manufacturer and model numbers are used, they are to establish a design, type of construction, quality,
functional capability and/or performance level desired. When alternates are bid/proposed, they must be
identified by manufacturer, stock number, and such other information necessary to establish equivalency.
The UW-Madison shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid
bidding alternates which may result in rejection of their bid/proposal.
2.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or
specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the
request. Each deviation and exception must be identified by the section, page and paragraph to which it
applies. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with
all terms, conditions, and specifications and the bidder/proposer shall be held liable.
3.0 QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are
used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior
written approval by the University.
4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The University
reserves the right to increase or decrease quantities to meet actual needs.
5.0 PRICING AND DISCOUNT: The University qualifies for governmental discounts and its educational
institutions also qualify for educational discounts. Unit prices shall reflect these discounts.
5.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs.,
doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit
price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and
contract administration.
5.2 Prices established in continuing agreements and term contracts may be lowered due to general
market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the
date of award. Any increase proposed shall be submitted to the University thirty (30) calendar days
before the proposed effective date of the price increase, and shall be limited to fully documented cost
increases to the Contractor which are demonstrated to be industry-wide. The conditions under which
price increases may be granted shall be expressed in bid/proposal documents and contracts or
agreements.
5.3 In determination of award, discounts for early payment will only be considered when all other
conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount
terms are deemed favorable. All payment terms must allow the option of net thirty (30).
6.0 UNFAIR SALES ACT: Prices quoted to the University are not governed by the Wisconsin Unfair Sales
Act.
7.0 ACCEPTANCE-REJECTION: The University reserves the right to accept or reject any or all
bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a
bid/proposal as deemed to be in the best interest of the State of Wisconsin.
8.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the Contractor
by University. No other purchase orders are authorized.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 24 OF 27
9.0 PAYMENT TERMS AND INVOICING: The University normally will pay properly submitted vendor
invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if
required), and accepted as specified.
9.1 Invoices presented for payment must be submitted in accordance with instructions contained on the
purchase order including reference to purchase order number and submittal to the correct address
for processing. Invoice payment processing address is shown on the upper left corner of the
purchase order. Send invoices to the Accounts Payable address on the purchase order. Do not send
invoices to the ship to address.
9.2 Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty
(30) days after receipt of a properly completed invoice, unless the vendor is notified in writing by the
agency of a dispute before payment is due.
9.3 Bidders/proposers shall include discounts for early payment (See 5.3) as a percent reduction of
invoice. Invoice discounts shall be determined, where applicable, from the date of acceptance of
goods and/or the receipt of invoice, whichever is later. Discounts for early payment terms stated on
the bid/proposal must be shown plainly on the invoice; discounts for early payment not shown on the
invoice will be taken.
9.4 Invoices submitted not in accordance with these instructions will be removed from the payment
process and returned within ten (10) days.
9.5 Payment terms and invoicing for purchasing card will be made in accordance with the purchasing
card contact.
10.0 TAXES: The University, an agency of the State of Wisconsin, is exempt from payment of all federal tax
and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below.
The Department of Revenue of the State of Wisconsin does not issue a tax exempt number; however,
University is exempt from State of Wisconsin sales or use tax under s.77.54(9a)(a). Registration No. 3973-1021-K, was issued by the Internal Revenue Service to authorize tax-free transactions under Chapter
32 of the Internal Revenue Code.
10.1 The University, an agency of the State of Wisconsin, is required to pay the Wisconsin excise or
occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel
and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its
purchases. The University may be subject to other states' taxes on its purchases in that state
depending on the laws of that state. Contractors performing construction activities are required to
pay state use tax on the cost of materials.
11.0 GUARANTEED DELIVERY: Failure of the Contractor to adhere to delivery schedules as specified or to
promptly replace rejected materials shall render the Contractor liable for all costs in excess of the contract
price when alternate procurement is necessary. Excess costs shall include the administrative costs.
12.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order
awarded as a result of this request except where special requirements are stated elsewhere in the
request; in such cases, the special requirements shall apply. Further, the written contract and/or order
with referenced parts and attachments shall constitute the entire agreement and no other terms and
conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly
agreed to in writing by the University.
13.0 APPLICABLE LAW: This Agreement shall be construed under the laws of the State of Wisconsin.
Jurisdiction and venue for any disputes under this Agreement shall be in Dane County, Wisconsin. The
contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances and
regulations which are in effect during the period of this contract and which in any manner affect the work
or its conduct.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 25 OF 27
14.0 ANTITRUST ASSIGNMENT: The Contractor and the University recognize that in actual economic
practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser.
Therefore, the Contractor hereby assigns to the University any and all claims for such overcharges as to
goods, materials or services purchased in connection with this contract.
15.0 ASSIGNMENT: No right or duty in whole or in part of the Contractor under this contract may be assigned
or delegated without the prior written consent of the University.
16.0 DISPUTES: Disputes should be addressed to the University Purchasing Office, Director of Purchasing
Services, 21 N Park St, Suite 6101, Madison, WI 53715 1218.
17.0 NONDISCRIMINATION/ AFFIRMATIVE ACTION:
17.1 In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employe or applicant for employment because of age, race, religion, color,
handicap, sex, physical condition, developmental disability as defined in s.51.01(5), Wisconsin
Statutes, sexual orientation as defined in s.111.32(13m) Wis. Stats., or national origin. This provision
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Except with respect to sexual
orientation, the Contractor further agrees to take affirmative action to ensure equal employment
opportunities.
17.2 Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a
written affirmative action plan by the Contractor. An exemption occurs from this requirement if the
Contractor has a workforce of less than twenty-five (25) employes. Within fifteen (15) working days
after the contract is awarded, the Contractor must submit the plan to the contracting state agency for
approval. Instructions on preparing the plan and technical assistance regarding this clause are
available from the contracting state agency.
17.3 The Contractor agrees to post in conspicuous places, available for employes and applicants for
employment, a notice to be provided by the contracting state agency that sets forth the provisions of
the State of Wisconsin nondiscrimination law.
17.4 Failure to comply with the conditions of this clause may result in the Contractor's becoming declared
an "ineligible" Contractor, termination of the contract, or withholding of payment.
17.5 To the extent required by law, 41 CFR 60-1.4(a) and (b) are incorporated by reference in these
Standard Terms and Conditions. Additionally, the Contractor certifies compliance with 41 CFR 601.8 and does not and will not maintain any facilities provided for employees in a segregated manner.
The Contractor further agrees to obtain identical certifications from any subcontractors prior to the
award of a subcontract exceeding $25,000 which is not exempt and will retain such certification for
audit purposes.
18.0 PATENT INFRINGEMENT: The Contractor selling to the University the articles described herein
guarantees the articles were manufactured or produced in accordance with applicable federal labor laws.
Further, that the sale or use of the articles described herein will not infringe any United States patent. The
Contractor covenants that it will at its own expense defend every suit which shall be brought against the
University (provided that such Contractor is promptly notified of such suit, and all papers therein are
delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and
agrees that it will pay all costs, damages, and profits recoverable in any such suit.
19.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the University must
comply fully with all safety requirements as set forth by the Wisconsin Administrative Code, Rules of the
Industrial Commission on Safety, and all applicable OSHA Standards.
20.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a
hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data
Sheet for each item with the shipped container(s) and one (1) copy to UW Safety Department, 30 East
Campus Mall, Madison WI 53715-2609.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 26 OF 27
21.0 WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a
result of this request shall be warranted against defects by the bidder/proposer for one (1) year from date
of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be
honored by the Contractor.
22.0 INSURANCE RESPONSIBILITY: The Contractor performing services to the University shall:
22.1 Maintain worker's compensation insurance as required by Wisconsin Statutes for all employees
engaged in the work.
22.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which
might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars
($1,000,000) liability for bodily injury and property damage including products liability and completed
operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are
used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per
occurrence combined single limit for automobile liability and property damage.
22.3 The state reserves the right to require higher or lower limits where warranted.
22.4 Upon request by the University, the Contractor is required to provide a Certificate of Insurance, from
an insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best
rating of A-, and signed by an authorized agent. A minimum 60 day cancellation notice is desired.
23.0 CANCELLATION: The University reserves the right to cancel any contract in whole or in part without
penalty due to nonappropriation of funds or for failure of the Contractor to comply with terms, conditions,
and specifications of this contract.
24.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their
payments offset by the State of Wisconsin.
25.0 OMNIBUS RECONCILIATION ACT: (Public Law 96-499) To the extent required by law, if this contract is
for acquisition of services with a cost or value of $25,000 or more within any 12-month period, including
contracts for both goods and services in which the services component is worth $25,000 or more within
any 12-month period, the Contractor shall in accordance with 42 C.F.R., Part 420, Section 1861 of the
Omnibus Reconciliation Act of 1980 (P.L. 96499) and permit the comptroller general of the United States,
the United States Department of Health and Human Services, and their duly authorized representatives,
access to the Contractor's books, documents and records until the expiration date of four (4) years after
the approval of procurement activities.
26.0 PUBLIC RECORDS ACCESS: It is the intention of University to maintain an open and public process in
the solicitation, submission, review, and approval of procurement activities. Bid/proposal openings are
public unless otherwise specified. Records may not be available for public inspection prior to issuance of
the notice of intent to award or the award of the contract.
27.0 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request must be
clearly stated in the bid/proposal itself. Proprietary information submitted in response to a request will be
handled in accordance with applicable State of Wisconsin procurement regulations and the Wisconsin
public records law. Proprietary restrictions normally are not accepted. However, when accepted, it is the
vendor's responsibility to defend the determination in the event of an appeal or litigation.
27.1 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a
result of the contracted commodities or services cannot be copyrighted or patented. All data,
documentation, and innovations become the property of the State of Wisconsin.
27.2 Any material submitted by the vendor in response to this request that the vendor considers
confidential and proprietary information and which qualifies as a trade secret, as provided in s.
19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records
law, must be identified on a Designation of Confidential and Proprietary Information form (DOA3027). 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.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 11-5048
PAGE 27 OF 27
28.0 DISCLOSURE: If a state public official (s. 19.42, Wisconsin Statutes), a member of a state public
official's immediate family, or any organization in which a state public official or a member of the official's
immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this
agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month
period, this contract is voidable by the state unless appropriate disclosure is made according to s.
19.45(6), Wis. Stats., before signing the contract. Disclosure must be made to the State of Wisconsin
Ethics Board, 44 E. Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123). State
classified and former employes and certain University faculty/staff are subject to separate disclosure
requirements, s. 16.417, Wis. Stats.
29.0 ANTI-KICKBACK ACT of 1986: (41 USC 51 et. seq): To the extent required by law, the officer or
employe responsible for submitting this bid shall certify, in accordance with 48 CFR 52.203-7, to the best
of their knowledge, that they have no information concerning the violation of the Anti- Kickback Act in
connection with the submitted bid/proposal. Signing the bid/proposal with a false statement shall void the
submitted bid/proposal and any resulting contract(s).
30.0 RECYCLED MATERIALS: The University is required to purchase products incorporating recycled
materials whenever technically or economically feasible.
Bidders/proposers are encouraged to
bid/propose products with recycled content which meet specifications.
31.0 HOLD HARMLESS: The Contractor will indemnify and save harmless the State of Wisconsin and all of its
officers, agents and employees from all suits, actions, or claims of any character brought for or on account
of any injuries or damages received by any persons or property resulting from the operations of the
Contractor, or of any of its Contractors, in prosecuting work under this agreement.
32.0 PROMOTIONAL ADVERTISING/NEWS RELEASES: Reference to or use of the State of Wisconsin, any
of its departments, agencies (University) or other subunits, or any state official or employee for
commercial promotion is prohibited. News releases pertaining to this procurement shall not be made
without prior approval of the University. Release of broadcast e-mails pertaining to this procurement shall
not be made without prior written authorization of the contracting agency.
33.0 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wisconsin Statutes, and
must ensure that when engaged in the production of materials, supplies or equipment or the performance
of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are
performed by severely handicapped individuals.
34.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation)
which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180,
Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin
Department of Financial Institutions, unless the corporation is transacting business in interstate commerce
or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation
which desires to apply for a certificate of authority should contact the Department of Financial Institutions,
Division of Corporation, P.O. Box 7846, Madison, WI 53707-7846; telephone (608) 261-7577.
35.0 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this
Agreement in accordance with reasonable control and without fault or negligence on their part. Such
causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in
either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes and unusually severe weather, but in every case the failure to perform such must be beyond
the reasonable control and without the fault or negligence of the party.
36.0 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.
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