VENDOR NET TRANSMISSION COVER LETTER

VENDOR NET TRANSMISSION COVER LETTER

VENDOR NET TRANSMISSION COVER LETTER

DATE:

February 24, 2011

When using Vendor Net, you may submit your bid through one of the following options: U.S. mail, handdelivery, fax or email. 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 Wisconsin-

Madison 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]

University of Wisconsin - Madison

REQUEST FOR BID

THIS IS NOT AN ORDER

OFFICIAL SEALED

BID NUMBER: 11-0109

ISSUE DATE: 02/24/11

DUE DATE: 03/14/11 2:00 PM CDT

If

NO BID

(check here) and return.

AGENT:

Lisa Clemmons

Questions regarding this bid

see Section 3.1

For Submittal of Bid Instructions

– see Section #1.

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.

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.

DESCRIPTION

GOLF COURSE MAINTENANCE EQUIPMENT

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 indirectly, entered into any contract or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the stated statement is accurate under penalty of perjury. 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:

COMPANY STREET ADDRESS:

COMPANY CITY, STATE & ZIP:

SIGNATURE: DATE :

TYPE OR PRINT NAME:

TITLE:

TELEPHONE NUMBER: ( )

EMAIL ADDRESS:

FEIN NUMBER:

DUNS #:

FAX NUMBER: ( )

UNIVERSITY OF WISCONSIN BID NO.: 11-0109

TABLE OF CONTENTS

SECTION #1: SUBMITTAL INSTRUCTIONS

SECTION #2: GENERAL INFORMATION

2.1

2.2

2.3

Purpose

Definitions

Affirmative Action

2.4 Wisconsin Sales and Use Tax Registration

2.5 VendorNet

2.6 Campus Delivery Requirements

2.7 Parking

2.8

2.9

Smoke-Free Environment

Promotional Materials/Endorsements

2.10 Supplier Diversity

SECTION #3: RFB PROCESS INSTRUCTIONS

3.1

3.2

3.3

Clarifications and/or Revisions through Designated Contact

Applicable Dates

Conflict of Interest

3.4 Oral Presentations, Product Demonstrations and Site Visits (Pre Award)

3.5 Proprietary Information

3.6 Reasonable Accommodations

3.7 Method of Bid

3.8 Method of Award

SECTION #4: BIDDER QUALIFICATIONS

4.1 Bidder Contact Information

4.2

4.3

4.4

Bidder Experience

Authorization

Client List/References

SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS

5.1

F.O.B. Destination, Freight Prepaid and Allowed

5.2 Timeliness of Delivery

5.3 Invoice Payment

5.4

5.5

5.6

Shipments, Duplicates and Overshipments

Insurance

Executed Contract to Constitute Entire Contract

SECTION #6: SPECIFICATIONS

6.2

6.3

6.4

Warranty

Trade-In

Maintenance and Repair

ATTACHMENT A BIDDER RESPONSE SHEET

ATTACHMENT B SPECIFICATIONS

ATTACHMENT C ITEMIZED BID LIST

ATTACHMENT D CLIENT REFERENCE LIST

ATTACHMENT E BIDDER INFORMATION SHEET

ATTACHMENT F STANDARD TERMS AND CONDITIONS

10

11-12

13-21

22-23

24

25

26-30

PAGE

1-2

8

6-7

3-5

9

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

INTRODUCTION

BID NO.: 11-0109

PAGE 1 OF 30

SECTION #1: SUBMITTAL INSTRUCTIONS

A completed and signed bid response

must

be received and date/time stamped in by UW-Madison Purchasing

Services prior to 2:00 p.m. CDT on the stated bid due date to be considered. Bids not so date/time stamped shall be considered late.

Late bids shall be rejected.

You have been supplied with a pre-addressed return label.

Please fill in your vendor name and address on the return label to help us identify this bid response. Please use one of the options below for return of your bid.

MAILING:

Original and

one (1)

copy of

mailed

bids must be received and date/time stamped at Purchasing Services,

21 N. Park

Street, Suite 6101, Madison, WI 53715-1218, prior to 2:00 p.m. CDT on the stated bid due date.

HAND DELIVERY:

Original and

one (1)

copy of

hand-delivered

bids may be delivered by vendor or third-party/courier service

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.

CDT on the stated bid due date.

FAXING:

Faxed

bids: A complete copy of the

entire response must be completely transmitted and received

and date/time stamped

at Purchasing Services prior to 2:00 p.m.

CDT on the stated bid due date.

FAX: (608) 262-

4467

(AVAILABLE 24 HOURS A DAY).

E-MAILING:

E-mailed

bids: A complete copy of the entire response must be received and be available for printing or processing

prior to

2:00 p.m. CDT on the stated bid due date via e-mail to:

[email protected]

.

Submitting a bid to any other e-mail address than

[email protected]

does not constitute receipt of a valid bid by

Purchasing Services. Proof of transmission doesn't constitute proof of receipt.

If the e-mail submission does not contain ACTUAL signatures and initials (not computer generated), then those pages that require signatures and/or initials should be signed and returned via fax (608-262-4467) and should be received prior to 2:00 p.m. CDT on the stated due date.

VENDOR NOTE: FOR THE PURPOSES OF THE RETURN ADDRESS LABEL, IF THE ADDRESS IS THE

SAME AS YOU LISTED ON THE REQUEST FOR BID FORM

– YOU DO NOT NEED TO FILL OUT THE

RETURN ADDRESS LABEL.

RETURN ADDRESS LABEL:

OFFICIAL SEALED

NUMBER: 11-0109

DUE DATE: 03/14/11 TIME: 2:00 PM CDT

INSERT

VENDOR NAME HERE: ______________________________________

ADDRESS: ________________________________________________

________________________________________________

________________________________________________

UNIVERSITY OF WISCONSIN-MADISON

PURCHASING SERVICES

21 N PARK ST, SUITE 6101

MADISON, WI 53715-1218

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0109

PAGE 2 OF 30

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.

Request for Bid Form

(signed)

Bidder Response Sheet (including attachments as requested on Bidder Response Sheet) (Attachment

A)

3.

4.

Specifications, descriptive brochure and detail for the item(s) bid (Section 6) (Attachment B)

Itemized Bid List (Attachment C)

5. Client Reference List (Attachment D)

6. Bidder Information Sheet (Attachment E)

7. Standard Terms and Conditions (Attachment F)

1.2 PLEASE SEND TWO (2) COMPLETE SETS OF YOUR BID

(If faxing or e-mailing your bid, one copy is sufficient

do not

submit twice).

RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0109

PAGE 3 OF 30

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 Intercollegiate Athletics, hereinafter referred to as "Athletics," requests bids for the purchase of golf course maintenance equipment.

Scope:

The estimated item quantities identified on the "ITEMIZED BID LIST" are for bid purposes only. The University does not guarantee to purchase any specific quantity or dollar amount.

Conditions of bid which include the word “must” or “shall” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification, condition of bid or provide a specific item/service on the Itemized Bid List, Purchasing reserves the right to delete that specification, condition of bid or item without having to complete the bid process again. FAILURE TO MEET A MANDATORY REQUIREMENT SHALL DISQUALIFY YOUR BID. This

contract bid document and the awarded bidder’s (Contractor’s) response information shall become the

Contract.

See SPECIFICATIONS and/or ITEMIZED BID LIST for the minimum acceptable specifications for items/services desired. If you are bidding an alternate item, please provide complete specifications, documents and materials showing performance features and details for the items/services you propose to furnish for the items being bid. For alternate items being bid, the Bidder must clearly identify by manufacturer’s name, catalog and model number. See

“Standard Terms and Conditions,” items 1, 2, 3, and 5.1.

Revisions to this bid may be made only by an official written amendment issued by Purchasing.

2.2 Definitions:

The following definitions are used throughout the Special Conditions of Bid:

Agent

means UW Madison Purchasing 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 Division of Intercollegiate Athletics.

MBE

means Minority Business Enterprise.

DVB

means Disabled Veteran-Owned Business.

RFB

means Request for Bid.

State

means State of Wisconsin.

University

and

UW

both mean University of Wisconsin-Madison.

WBE

means Woman-Owned Business Enterprise.

2.3 Affirmative Action:

As a State agency, the University requires contractors issued any purchase order exceeding $25,000.00

to provide an Affirmative Action Plan. Failure to comply appropriately with these requirements

may lead to your company being banned from doing business with any agency of the State of Wisconsin

. Additionally, failure to comply with this requirement may result in termination of this contract and withholding of payment. On the Bidder Response Sheet please provide the requested information.

For additional information see Section 17.0 of the Standard Terms and Conditions

( http://www.bussvc.wisc.edu/purch/stdterms1.html

).

Some exceptions may apply. FAQ info is available at: http://www.bussvc.wisc.edu/purch/VendorInfo/AffAction/AffirActionInfo.html

. Instructions for completing a plan are available upon request.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

2.4 Wisconsin Sales and Use Tax Registration:

BID NO.: 11-0109

PAGE 4 OF 30

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

2.5 VendorNet:

The State of Wisconsin has implemented a web-based registration system called “

VendorNet

” to enable registered vendors to receive notice of all Official Sealed Bids/Request for Proposals (over $25,000.00) as solicited by all state agencies.

To obtain information on the state’s bidder registration, please visit the

VendorNet

Web site at http://vendornet.state.wi.us

or call the VendorNet Information Center (1-800-482-7813). In the Madison area, please call 264-7898.

2.6 Campus Delivery Requirements:

Delivery of orders shall be made to University departments five days per week, Monday through Friday, during normal University business hours.

2.7 Parking:

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UW Transportation Services at 610 N. Walnut Street, WARF Building Room

#120, Madison, WI 53726 (608) 263-6667. No additional Contractor costs will be allowed for parking fees or violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed and/or towed.

2.8 Smoke-Free Environment:

All University buildings are smoke-free buildings.

2.9 Promotional Materials/Endorsements:

Contractor agrees that they will not use any promotional or marketing material which states expressly or implies that the University

endorses

either the Contractor or any party related to the Contractor or this Contract.

2.10 Supplier Diversity

2.10.1 Minority Business Enterprise Program (MBE)

The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses.

Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin

Statutes. The University of Wisconsin-Madison is committed to the promotion of minority business in the state's purchasing program.

The State of Wisconsin policy provides that minority-owned business enterprises certified by the

Wisconsin Department of Commerce, Bureau of Minority Business Development should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority-owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises.

The supplier/contractor shall furnish appropriate information about its effort to achieve this goal, including the identities of such enterprises certified by the Wisconsin Department of Commerce and their contract amount.

A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Office of the Minority Business Program, 608/267-

7806. The listing is published on the Internet at: http://doa.wi.gov/mbe/minority_search.asp?locid=0

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

2.10.2 Woman Owned Business (WBE)

BID NO.: 11-0109

PAGE 5 OF 30

The State of Wisconsin is committed to the promotion of Woman-Owned Businesses as outlined in

560.035, Wisconsin Statutes.

The State of Wisconsin policy provides that Woman-Owned Businesses certified by the Wisconsin

Department of Commerce should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to Woman-Owned Businesses or by using such businesses to provide goods and services incidental to this agreement.

2.10.3 Disabled Veteran Owned Business (DVB)

The State of Wisconsin policy provides that Disabled Veteran-Owned businesses certified by the

Wisconsin Department of Commerce should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to Disabled Veteran-Owned businesses or by using such enterprises to provide goods and services incidental to this agreement.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0109

PAGE 6 OF 30

SECTION #3: RFB PROCESS INSTRUCTIONS

3.1 Clarifications and/or Revisions through Designated Contact:

All communications and/or questions in regard to this request must be in writing and must reference the bid number. 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.

ADMINISTRATIVE: Lisa Clemmons

UW Purchasing

21 N Park St, Suite 6101

Madison, WI 53715-1218

E-mail: [email protected]

PHONE 608/262-0354 -- FAX 608/262-4467

TECHNICAL: Aron Hogden

E-mail: [email protected]

PHONE 608/497-4463

If a Bidder fails to notify the Purchasing Office of an error in the RFB document which is known to the Bidder, or which should have reasonably been known to the Bidder, then the Bidder shall submit a bid response at the

Bidder’s risk and if awarded a contract, shall not be entitled to additional compensation or delivery or installation time by reason of the error or its later correction.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, amendments and revisions will be provided to all recipients of this initial RFB.

3.2 Applicable Dates:

Date Event

February 24, 2011

March 7, 2011

March 14, 2011 -- 2:00 PM CDT

3.3 Conflict of Interest:

Date of Issue of the RFB

Written questions due

RFB Due Date (Local Madison Time)

By submitting a bid, the bidder certifies that no relationship exists between the bidder and the University that interferes with fair competition or is a Conflict of Interest, and no relationship exists between such bidder and another person or firm that constitutes a Conflict of Interest.

3.4 Oral Presentations, Product Demonstrations and Site Visits (Pre Award)

The University, at its sole discretion, may require oral presentations, product demonstrations and/or vendor location site visits to supplement the bids. Failure of a bidder to conduct a presentation on the date scheduled or allow an on-site/vendor site visit may result in rejection of the bid. Oral presentations cannot be used as an opportunity to alter bids submitted.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0109

PAGE 7 OF 30

3.5 Proprietary Information:

Any information contained in the Bidder’s response that is proprietary must be detailed separately on form

DOA-3027.

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:

The 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 accommodations for your site visit, contact Agent.

3.7 Method of Bid:

Bidder must submit a

net unit price

and an

extended net total

for

each item

specified. Prices listed should be in US dollars unless otherwise indicated.

3.8 Method of Award:

Award(s) shall be made on the basis of the lowest

net unit price and extended net total for each item

which is judged to be in the best interest of the University. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified.

Supplier Diversity Preferences

State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE), or Disabled

Veteran-Owned Business (DVB) firms submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid or the proposal is no more than 5% lower than the apparent high point score. Authority for this program is found in ss. 16.75(3m)(b)2,3, 16.75(3m)(c)(4) and 560.0335(1)(b)(3),

15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes.

3.8.1 GSA Pricing:

This bid may qualify for GSA Pricing. If you have a GSA contract covering any of the items specified, enclose information on use of that contract including the contract number.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0109

PAGE 8 OF 30

SECTION #4: BIDDER QUALIFICATIONS

4.1 Bidder Contact Information:

Bidder must designate a person(s) to provide information on: Supplier Diversity, Affirmative Action and Sales

Representative. (See Attachment A

– Bidder Response Sheet)

4.2 Bidder Experience:

Bidder company or its principals must be in the business of providing golf course maintenance equipment and must have done so for the past three years.

4.3 Authorization:

Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer with service and repair capabilities for the item.

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 C). 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.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0109

PAGE 9 OF 30

SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 F.O.B. Destination, Freight Prepaid and Allowed: (vendor responsible for freight costs with ownership changing at UW delivery location).

Delivery will be made by common carrier or Con tractor’s truck, with unloading to be performed by the carrier/contractor and carton(s) transported to the interior/ground floor or inside dock at 9002 Cty Rd PD.,

Madison WI 53593. 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.

Failure to bid FOB DESTINATION, FREIGHT PREPAID AND ALLOWED in bid price or discount may disqualify your bid.

5.2 Timeliness of Delivery:

Delivery requirements are indicated on the Itemized Bid List. Please state if these requirements can be met.

Timeliness of delivery may be used in evaluation for bid award.

5.3 Invoice Payment:

Payment will not be made until the item/service is determined to meet all specifications and has been accepted by the University of Wisconsin-Madison.

5.4 Shipments, Duplicates and Overshipments:

Upon notification by the University of a duplicated order or overshipment, the items identified must be removed at the Contractor's expense. If the duplicated or overshipment items are not removed within 30 days of written notification, the University reserves the right to dispose of them as its own property and shall not be held liable for any cost for the items.

5.5 Insurance:

The Contractor shall maintain insurance levels as required in Standard Terms and Conditions, Section 22.0. A certificate of insurance must be provided upon request and provided on an annual basis throughout the term of the Contract.

5.6 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. Contract Award Letter

B. Original Request for Bid Number 11-0109, dated February 24, 2011 including amendments/attachments

C. Bidder response to RFB

D. Official Purchase Order (when applicable)

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0109

PAGE 10 OF 30

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 Specific manufacturer(s) and/or catalog/model/stock numbers are provided to establish the design, type of construction, quality, functional capability and performance level desired. The bidder may offer an alternate item believed to be an equal. Any alternate item bid must be clearly identified by manufacturer, catalog, model or stock number. Adequate detailed specifications (including brochures, operating manuals, maintenance manuals or other written materials) of any alternate item offered must be included with your bid to establish equivalency.

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 Maintenance and Repair

:

6.3.1 Contractor must perform all maintenance on site unless University grants permission to remove equipment from site.

6.3.2 Contractor must have access to replacement parts within 24 hours to service all machines identified under this bid.

6.4 Trade-In:

The Itemized Bid List shows the exact model/serial number(s) of the trade-in. Arrangements should be made to inspect the equipment with the technical contact person named on the Request for Bid form. If trade-in option is awarded, Contractor will remove trade-in equipment at the time of installation of new equipment at no extra charges to the University.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0109

PAGE 11 OF 30

ATTACHMENT A: BIDDER RESPONSE SHEET

==========================================================================================

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.

==========================================================================================

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

1.1 Have you completed and returned all forms required?

1.2 Have you included

two (2)

complete sets of your bid?

(only one (1) copy required if faxing or e-mailing)

3.8.1 If applicable

,

have you included a copy of the GSA contract information?

Contract #__________________

4.1 Bidder must designate a person(s) to provide information on: Supplier Diversity Reporting,

Affirmative Action, Questions on this RFB and Sales Representative.

SUPPLIER DIVERSITY

REPORTING:

CONTACT NAME PHONE NUMBER FAX NUMBER

Address:

E-mail:

AFFIRMATIVE ACTION: CONTACT NAME PHONE NUMBER FAX NUMBER

Address:

E-mail:

QUESTIONS ON THIS RFB:

Corporate Address:

E-mail:

CONTACT NAME PHONE NUMBER FAX NUMBER

SALES REPRESENTATIVE:

E-mail:

Website:

CONTACT NAME PHONE NUMBER FAX NUMBER

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0109

PAGE 12 OF 30

4.2 Are you in the business of providing golf course maintenance equipment and has your company or its principals done so for the past three years ?

4.3 Are you: a) an original manufacturer for the product lines being bid? b) an authorized distributor for the products/product lines being bid? c) a dealer authorized by manufacturer? d) do you have service and repair capabilities for the item(s) being bid?

4.4 Will you provide a client list?

5.1 Are you bidding all prices F.O.B. Destination, Freight Prepaid and Allowed?

(Be sure to read Section 5.1 carefully)

5.2 Can you meet delivery requirement?

If not, please state delivery time ____ days After Receipt of Order (ARO).

5.4 Do you agree to terms regarding duplicates and overshipments?

5.5 Will you provide insurance certificate(s) indicating coverage and agree to maintain coverage as required in 5.5

?

6.2 Do you agree to minimum warranty as stated?

6.3.1 Will you perform all maintenance or repair on site?

6.3.2 Will you have access to replacement parts within 24 hours?

YES NO

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0109

PAGE 13 OF 30

ATTACHMENT B: SPECIFICATIONS

Minimum Specifications

For

Item One -- Golf Utility Cart

Quantity of (3) three golf utility carts.

Three trade-in units are anticipated. Two 2003 Club Car Carry-all 2 serial numbers RG 0337321353 and RG

0337321357 with 1118 hours and 1159 hours respectively. One 2005 Club Car Carry-all 2, serial number RG

0538549517 with 998 hours. All units are equipped with lighting package, hour meter, beverage holders, cargo box and tow hitch. Carts are available for inspection by appointment at the University Ridge Golf Course Maintenance

Facility. Call Aron Hogden @ (608) 845-8704.

The intended uses for these vehicles are personnel transportation, small equipment transportation and materials hauling up to the weight limits delineated in these specifications.

All quoted vehicles must have green cowlings.

Engine, drive train and Chassis

engine

4 cycle, overhead valve, 11.5 Hp, air cooled, electronic ignition with electronic rpm limiter. Pressure lubrication with filter.

electrical

12 volt system, 35 amp starter/generator; hourmeter, fuel gauge; oil warning light, neutral lockout switch; lighting package

torque converter

continuously variable transmission; load responsive continuously variable primary reduction ratio; torque responsive clutch

transaxle

fully synchronized, forward and reverse capabilities, with neutral; reduced speed reverse

brakes

frame

body mechanical cable system with self-adjusting, individual drum-shoe brakes on rear wheels. Foot actuated parking brake with automatic release. welded aluminum, twin I-beam construction front body cowling- impact resistant; injection molded polymer; side and rear body- all aluminum construction

steering cargo box

maintenance free, self-adjusting rack and pinion aluminum bed and panels; minimum cargo area dimensions of: 48 inch width, 49 inch length, 10 inch height; minimum acceptable payload of 800 pounds

YES

_____

_____

_____

_____

_____

_____

_____

_____

_____

NO

_____

_____

_____

_____

_____

_____

_____

_____

_____

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

seating

bench type, capacity for two personnel

BID NO.: 11-0109

PAGE 14 OF 30

Tires

front: 18 x 8.50-8, 6 ply, premium tread rear: 18 x 8.50-8. 6 ply, turf tread

Accessories

rear mounted tow hitch (all units) beverage holders (all units) lighting package (all units) cargo box bed liners (all units)

Vehicles quoted must be delivered with optional accessories installed

.

Warranty will be a minimum of two years. Copy of warranty must accompany quotation.

Manufactur er’s Service Manual must be included as part of the delivery package.

The following examples have, in the past, met or exceeded the specifications:

Club Car Carryall Turf 2

Delivery must be made in the first week of April, 2011

YES

_____

_____

_____

_____

_____

_____

_____

NO

_____

_____

_____

_____

_____

_____

_____

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0109

PAGE 15 OF 30

Minimum Specifications

For

Item Two -- Hybrid Triplex Greensmower Traction Unit

Quantity of one hybrid triplex greensmower traction unit. The bid must include all necessary adapters and/couplers to mount a quantity of nine standard Jacobsen triplex cutting units to the traction unit.

One trade-in unit is anticipated. The trade is traction unit only. The trade in unit is a model year 2001 Jacobsen

Greens King IV, serial number 1833, with 1560 hours. The unit is available for inspection at the University Ridge Golf

Course maintenance facility by calling Aron Hogden at (608) 497-4463.

The intended use for the traction unit is to be coupled with cutting units already owned by University Ridge Golf

Course, then to mow greens. Due to the delicate nature of the environment in which this unit will be operated, strict conformity to the specifications and accessory options will be an important element in any final decisions about the purchase of the unit.

Equipment bid must meet or exceed these specifications.

A. Power

1. Engine is a 14HP, air-cooled, gas engine.

2. Generator is a 48 Volt, 5.8 kW continuous.

3. Displacement is 29.23 cubic inches.

B. Traction and Drive

1. System voltage is 48 volt.

2. Traction drive powered by a 3HP AC continuous motor.

3. Reels are driven by independent brushless DC motors that are 1.3 hp continuous.

4. Reels are lifted by independent linear actuators with independent control.

C. Tire, Brakes, and Steering

1. Tires are all equal in size and are 4 ply, 18 x 10.5 x 8.

2. Parking brake is automatic electromagnetic multi plate.

3. Steering is variable ratio by-wire with feedback control.

D. Reel Control

1. Frequency of Clip is electronically adjustable from 0.05 to 0.25 in.

2. Reel speed automatically matches mower speed to maintain FOC.

3. Traction unit has onboard backlapping.

Speed

1. Mowing speed is variable from 0mph to 5 mph.

2. Transport speed is 0mph to 9 mph.

3. Reverse speed is 0mph to 4mph.

Weight and Dimensions

1. Overall cutting width is 62 inches.

2. Weight of traction unit with reels installed is less than 1600lbs.

3. Ground clearance with reels installed is greater than 6 inches in front.

4. Ground clearance with reels installed is greater than 4 inches in back.

5. Machine can operate longer than 9 hours on one tank of gas.

YES NO

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

Accessories

BID NO.: 11-0109

PAGE 16 OF 30

Bid package must include adapters and couplers to attached Jacobsen GKIV cutting units to the new traction units.

Warranty will be a minimum of one year on parts and labor.

Manufacturer’s Service Manual must be included as part of the delivery package.

For purposes of bidding, the following example is offered as a representative product that meets or exceeds specifications.

Jacobsen Eclipse 322 Hybrid Gas

A complete set of specifications must accompany all bids.

All published operator training and safety training materials must be included

Delivery will be made the first week of April or before.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0109

PAGE 17 OF 30

Minimum Specifications

For

Item Three -- Golf Course Fairway Mower

Quantity of one golf course fairway mower.

Two trade-in units are anticipated. The first unit is a model year 2001 Jacobsen LF3400, serial number 2250, with

1556 hours. The second is a model year 2002 Jacobsen LF3400, serial number 2489, with 2109 hours. Both units are available for inspection at the University Ridge Golf Course maintenance facility by calling Aron Hogden at (608)

497-4463.

The intended use for the fairway mower is to mow fairways and practice tees at a height of cut of .375 inches. Due to the delicate nature of the environment in which this unit will be operated, strict conformity to the specifications and accessory options will be an important element in any final decisions about the purchase of the unit.

Equipment bid must meet or exceed these specifications.

A. General

YES NO

1. Fairway mower is self-contained, designed with the ruggedness and maneuverability _____ _____ necessary for conditions encountered while mowing fairways; unit will provide consistent, high quality cut over undulating terrain at a cutting height of 0.375 inches.

B. Engine and Chassis

1. Engine is a 31HP or greater

2. Diesel,

3. Liquid cooled.

4. Electric is 12V.

5. 40 amp electric start

6. Air filter is 2 stage dry-elements.

7. Power steering.

8. Turf tires on both front and back.

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

9. Dynamic braking through hydrostatic drive.

10. Parking brake.

11. Standard roll over protective structure.

12. Seat belt.

13. Hand controlled throttle.

14. On board back-lapping.

15. Single touch cutting unit lift and lower lever.

16. Deluxe suspension seat with arm rest.

17. Hand operated power Take Off switch.

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

18. Safety interlocks on reels, seat, and traction

19. Electro-hydraulic solenoid valve actuators for reel drive circuits.

20. Hydrostatic Drive.

_____ _____

_____ _____

_____ _____

21. 4Wheel drive or All-Wheel drive. _____ _____

22. Infinitely Variable speed within these ranges: 0-10 mph forward speed, 0-5 mph reverse. _____ _____

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

Cutting Units and Accessories

1. Overall cutting width is 100 inches.

2. Includes five, 22 inch reels.

3. Groomer attachment installed on each reel.

4. Powered rear roller brushes installed on each reel.

BID NO.: 11-0109

PAGE 18 OF 30

5. 7 or 8 Blade reel.

6. Canopy.

7. Height of Cut range from 0.25 inches to 1.0 inch.

8. Adjustable Frequency of Clip.

9. Ability to mow at 6mph or faster with a frequency of clip matching a cutting height of

0.375 inches or (0.0625 inches/mph or faster).

10. Lights.

11. Grass catchers (buckets).

YES NO

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

Warranty will be a minimum of Two years on parts and labor.

Manufacturer’s Service Manual must be included as part of the delivery package. In addition, electronic versions of the service manual should be submitted at delivery.

For purposes of bidding, the following example is offered as a representative product that meets or exceeds specifications.

John Deere 7500

Jacobsen LF3400

Toro 5410

A complete set of specifications must accompany all bids.

All published operator training and safety training materials must be included.

Delivery will be made Wednesday April 6, 2011 or before

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0109

PAGE 19 OF 30

Minimum Specifications

For

Item Four -- Golf Course Bunker Rake

Quantity of one golf course bunker rake.

In order to qualify the machine that is bid must be specifically designed for maintaining golf course bunkers.

There will be one 2002 Toro Sand Pro, serial number 210000635, available for trade. You may contact Aron Hogden at the University Ridge Golf Course maintenance facility, 608-497-4463, to inquire.

The following specifications outline the minimum standards in performance and engineering for vehicles being bid.

Proposed substitutions must meet or exceed these minimums in both performance and function.

General

1. Gas engine, 18 HP or greater.

YES NO

_____ _____

2. Engine has overhead valves.

3. Engine has electronic ignition.

4. Engine has full pressure lubrication with oil filter.

5. Engine has remote mounted 3-stage Donaldson air cleaner.

6. Traction drive is a direct driven hydrostatic variable displacement pump to all 3 wheels

for 3WD.

7. Traction drive is a series/parallel traction system to all 3 wheels.

8. Bunker rake breaks dynamically through the hydrostatic transmission.

9. Bunker rake has parking break.

10. Bunker rake has power steering.

11. Frame is constructed of heavy duty steel.

12. Knobby tires designed for traction in a sand bunker.

13. Rear attachments are lifted and lowered hydraulically with a single lever.

14. Hydraulic control of rear attachments includes a float position.

15. Normal operating sound level of less than 90dB.

16. Seat is comfortable to sit in for up to 6 hours, is deluxe, and adjustable.

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

_____ _____

Attachments

1.

Manual 40” front mounted plow.

2. Light kit.

_____ _____

_____ _____

3. 72 inch rake attachment designed for smoothing golf course sand bunkers. _____ _____

Vehicle bid must be delivered with optional accessories installed.

Warranty must be a minimum on one year parts and labor. Copy of warranty must accompany bid.

The following examples have, in the past, met or exceeded the specifications:

Smithco Super Star X-treme and Toro SandPro 5040

A complete set of specifications must accompany all bids.

Manufacturer’s service manual must be included. If electronic service manual is available, then it must be included in addition to the hard copy.

Delivery must be scheduled the first week of April.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0109

PAGE 20 OF 30

Minimum Specifications

For

Item Five -- Heavy Duty Golf Course Utility Vehicle

Quantity of one (1) Heavy duty golf course utility vehicle with the following specified accessories and options.

Trade in one 1996 Cushman Turf Truckster, serial number 97014731 with 4735 hours. Unit is four wheel configuration, includes PTO, tachometer, hourmeter, hydraulic dump, 47 inch steel bed with side rails. To see trade in, call Aron Hogden at 608-497-4463 at the University Ridge Golf Course maintenance facility.

The following specifications delineate minimum standards in performance and engineering for quoted vehicles.

Proposed substitutions must meet or exceed these minimums. All quoted vehicles must be compatible with attachments mentioned in these specifications.

Heavy Duty Golf Course Utility Vehicle Specifications

YES NO

_____ _____ General: Four wheeled heavy duty utility vehicle with 2 post ROPS specifically designed for use on golf course turfs to transport people, haul material, and can be accessorized with topdressers, sprayers, and various bed configurations.

Engine: Minimum 25 HP gas engine, three cylinders, liquid cooled.

Transmission: Manual transmission, synchronized, with a minimum of 5 forward speeds

_____ _____

_____ _____ and 1 reverse.

Speed: Minimum 19 MPH forward transport speed with the ability to lock out higher gears to reduce speed.

_____ _____

Electrical: 12 volt, minimum 55 amp alternator, with headlights, taillights, and work lights that illuminate the working area surrounding the machine.

_____ _____

Gauges and Alarms: Fuel gauge, speedometer, tachometer, hour meter, temperature gauge, _____ _____ volt meter, low oil pressure warning, and light switch.

Controls: Lever controlled engine/ground speed governor, differential lock, and power steering. _____ _____

Cargo Bed Capacity: 2350lb minimum.

Towing Capacity: 1500 lbs. or greater.

_____ _____

_____ _____

Seats: Bucket seats with integrated seat belt and hip restraints. _____ _____

Tire: Front tires 20 x 9 - 12 6 ply turf tread or wider. Rear 24 x 12

– 12 6 ply turf tread or wider. _____ _____

Battery: 12V minimum 500CCA.

Air Cleaner: Remote mounted for easy access and cleaning.

Sound level: Rated at 80db or less.

Cargo Bed: Minimum dimensions of 60 inches x 50 inches x 10 inches, automatic tailgate

_____ _____

_____ _____

_____ _____

Suspension: Dual springs and shocks on all four wheels.

_____ _____ release when dumping that resets automatically when bed is lowered.

Brakes: 4 wheel hydraulic disk or hydraulic drum brakes that allow for efficient stopping with a _____ _____ heavy load. Parking brake.

_____ _____

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0109

PAGE 21 OF 30

Warranty will be a minimum of two years parts and labor.

For bidding purposes, the following example is offered as a representative product that meets or exceeds the specifications:

Toro Workman HDX and John Deere Progator 2020A

A complete set of specifications must accompany all bids.

Manufacturer’s service manual must be included as part of the delivery package. If electronic versions of the service manual are available they must be included in addition to the hard copy.

Delivery with be made the first week of April, 2011 or before.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0109

PAGE 22 OF 30

ATTACHMENT C: ITEMIZED BID LIST

1B

Costs which are not specifically identified below will not be compensated under any Contract awarded pursuant to this

RFB

.

ITEM 1 3 ea Golf Utility Carts

1A

BIDDING MANUFACTURER _________________________________ Model No.: ____________

Outright Purchase Price $______________ x 3 = $______________________

Trade in two 2003 Club Car Carry-all 2 and one 2005 Club Car Carry-all 2. -$____________

Total Outright Purchase Price less Trade-in Credit

State Length of Warranty _________________________

$________________________

The University may or may not elect to trade in Golf Course Management Equipment.

1B

ITEM 2 1 ea Hybrid Triplex Greensmower Traction Unit

BIDDING MANUFACTURER _________________________________ Model No.: ____________

1A Outright Purchase Price $______________ x 1 = $______________________

Trade in one 2001 Jacobsen Greens King IV, Serial Number 1833 with 1560 hours, traction unit only. -$____________

Total Outright Purchase Price less Trade-in Credit

State Length of Warranty _________________________

$________________________

The University may or may not elect to trade in Golf Course Management Equipment.

ITEM 3 1 ea Golf Course Fairway Mower

BIDDING MANUFACTURER _________________________________ Model No.: ____________

1A Outright Purchase Price $______________ x 1 = $______________________

Trade in two 2001 Jacobsen LF3400, serial number 2250 with 1556 hours and one 2002 JacobsenLF3400, serial number 2489 with 2109 hours. -$____________

1B Total Outright Purchase Price less Trade-in Credit

State Length of Warranty _________________________

$________________________

The University may or may not elect to trade in Golf Course Management Equipment.

1B

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

ITEM 4 1 ea Golf Course Bunker Rake

BID NO.: 11-0109

PAGE 23 OF 30

BIDDING MANUFACTURER _________________________________ Model No.: ____________

1A Outright Purchase Price $______________ x 1 = $______________________

Trade in one 2002 Toro Sand Pro, serial number 210000635. -$____________

1B Total Outright Purchase Price less Trade-in Credit

State Length of Warranty _________________________

$________________________

The University may or may not elect to trade in Golf Course Management Equipment.

ITEM 5 1 ea Heavy Duty Golf Course Utility Vehicle

BIDDING MANUFACTURER _________________________________ Model No.: ____________

1A Outright Purchase Price $______________ x 1 = $______________________

Trade in one 1996 Cushman Turf Truckster, serial number 97014731 with 4735 hours. -$____________

Total Outright Purchase Price less Trade-in Credit

State Length of Warranty _________________________

$________________________

The University may or may not elect to trade in Golf Course Management Equipment.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

ATTACHMENT D - CLIENT REFERENCE LIST

BID NO.: 11-0109

PAGE 24 OF 30

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

BID NO.: 11-0109

PAGE 25 OF 30

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

560.035, 560.0335 and 560.036, please indicate below if you are a Wisconsin certified Minority Business Enterprise (MBE), Work Center (WC), Disabled Veteran-Owned

Business (DVB) or Woman-owned Business Enterprise (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) ____Disabled Veteran-Owned Business (DVB)

____ Woman Owned Business Enterprise (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.

RECYCLED PRODUCTS/PACKAGING/DISPOSAL TECHNIQUES:

The University is committed to promote environmentally sound procurement, usage and disposal methods which are in compliance with

State of Wisconsin County, and Municipal regulations. Currently the University has a recycling program for starch and Styrofoam packing peanuts. The University’s preference is to receive starch peanuts whenever possible. The Contractor shall not use INSTAPAK

(or similar) or mix starch and Styrofoam peanuts under any circumstances. Each product shall be separately pre-packed in accordance with commercially accepted methods. Small products may be packaged in protective envelopes (Mail-Lite or

Bubble-Jet packs).

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0109

PAGE 26 OF 30

ATTACHMENT F: 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

BID NO.: 11-0109

PAGE 27 OF 30

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. 39-

73-1021-K, was issued by the Internal Revenue Service to authorize tax-free transactions under Chapter

32 of the Internal Revenue Code.

10.1 The University, an agency of the State of Wisconsin, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The University may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials.

11.0

GUARANTEED DELIVERY:

Failure of the Contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the Contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs.

12.0

ENTIRE AGREEMENT:

These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the University.

13.0

APPLICABLE LAW:

This Agreement shall be construed under the laws of the State of Wisconsin.

Jurisdiction and venue for any disputes under this Agreement shall be in Dane County, Wisconsin. The

Contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct

.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0109

PAGE 28 OF 30

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 60-

1.8 and does not and will not maintain any facilities provided for employees in a segregated manner.

The Contractor further agrees to obtain identical certifications from any subcontractors prior to the award of a subcontract exceeding $25,000 which is not exempt and will retain such certification for audit purposes.

18.0

PATENT INFRINGEMENT:

The Contractor selling to the University the articles described herein guarantees the articles were manufactured or produced in accordance with applicable federal labor laws.

Further, that the sale or use of the articles described herein will not infringe any United States patent.

The Contractor covenants that it will at its own expense defend every suit which shall be brought against the University (provided that such Contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit.

19.0

SAFETY REQUIREMENTS:

All materials, equipment, and supplies provided to the University must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code, Rules of the

Industrial Commission on Safety, and all applicable OSHA Standards.

20.0

MATERIAL SAFETY DATA SHEET:

If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data

Sheet for each item with the shipped container(s) and one (1) copy to UW Safety Department, 30 East

Campus Mall, Madison WI 53715-2609.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0109

PAGE 29 OF 30

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 (DOA-

3027). Bidders/proposers may request the form if it is not part of the Request for Bid/Request for

Proposal package. Bid/proposal prices cannot be held confidential.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0109

PAGE 30 OF 30

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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