BIDS MUST BE SEALED AND ADDRESSED TO:

BIDS MUST BE SEALED AND ADDRESSED TO:

State of Wisconsin

Wis. Statutes s.16.75

DOA-3070 (R08/2003)

BIDS MUST BE SEALED AND ADDRESSED TO:

AGENCY ADDRESS:

UW-Eau Claire

Purchasing Department

105 Garfield Avenue, S103

Eau Claire, WI 54702-4004

715-836-5171 FAX 715-836-4653

Remove from bidder list for this commodity/service. (Return this page only.)

Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid

# PO1106. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified.

Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award.

REQUEST FOR BID

PO-1117

THIS IS NOT AN ORDER

BIDDER (Name and Address)

Bids MUST be in this office no later than

March 14, 2011 2:30 PM

Name (Contact for further information)

Penny Odell

Phone Date

715-836-5171 February 28, 2011

Quote Price and Delivery FOB

Destination/Installed

Fax bids are accepted

Quantity and Unit

1 each

Payment Terms

Description

X

Fax bids are not accepted

Price

Per Unit Total

Streaming Video System

Bids will be accepted per the Attached Standard Terms and Conditions, Special Conditions of Bid, Specifications of Bid and Itemized Bid Form.

Please return with Request for Bid Form and Itemized Bid

Form the complete specifications for the system you propose to furnish.

Delivery Time

We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington

Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids.

We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center

Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.

Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United

States.

Yes No Unknown

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

We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.

Name of Authorized Company Representative (Type or Print) Title

Phone

Signature of Above Date

Fax

Federal Employer Identification No.

( )

( )

Social Security No. if Sole

Proprietor (Voluntary)

This form can be made available in accessible formats upon request to qualified individuals with disabilities

Special Conditions of Bid

Streaming Video System

1. Scope: The Department of Learning Technology Services at the University of Wisconsin-Eau Claire is requesting bids for a Video Streaming system. This system will ensure users the full benefits of digital video distribution. All hardware necessary to support the system must be included in the bid. All hardware and software must include 3 years of maintenance. The maintenance shall include all software updates and major releases, as well as a 5 day guarantee of hardware being returned once the hardware is received for RMA.

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 product on the Itemized Bid Form, Purchasing reserves the right to delete that specification, condition of bid or item.

See Specifications and/or Itemized Bid List for the minimum acceptable specifications for equipment desired.

Failure to meet a mandatory requirement will disqualify your bid.

No revisions to this bid may be made unless in the form of official written addendum issued by the University of

Wisconsin-Eau Claire Purchasing Services office.

Please send two (2) complete sets of your bid.

Retain a copy of your bid response for your file. If a contract is developed from this request for bid, these documents will become terms and conditions of the contract.

Minority Business Participation: The University of Wisconsin-Eau Claire is committed to the promotion of minority business in the State’s purchasing program and a goal of placing five (5) percent of its total purchasing dollars with certified minority businesses. Authority for this program is found in Wisconsin Statutes 15.107(2),

16.75(4), 16.755 and 560.036(2). A listing of certified minority businesses, as well as services and commodities they provide is available from Department of Commerce, Office of Minority Business Development, 608-267-8379.

Questions regarding certification of minority businesses should be directed to DOA Minority Business Program at

608-267-7806.

VendorNet: The State of Wisconsin has implemented a registration service on an internet system called VendorNet to enable vendors to receive notice of all official sealed bids/proposals (over $25,000.00) as solicited by all state agencies.

To obtain information on the state’s bidder registration, please visit the VendorNet Website at http://vendornet.state.wi.us or call the VendorNet Information Center (1-800-482-7813).

Affirmative Action:

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

Affirmative Action Plan. Failure to comply appropriately with these requirements can lead to your company being

banned from doing business with any agency of the State of Wisconsin. Additionally, failure to comply can result in

termination of this contract, or withholding of payment.

For additional information see section 19.0 of the Standard Terms and Conditions

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. F.O.B. Destination Freight Prepaid and Installed: Items are to be installed as determined by University of

Wisconsin-Eau Claire. Bid prices must include all packing, freight, insurance, set-up, instruction and operation manual charged. Items must be set in place in an area designated by university personnel, demonstrated to be in operating condition and approved by University personnel. All debris must be removed from the University premises and properly disposed of by the contractor. Upon installation all operating instructions, operating and maintenance manuals, must be furnished to the University personnel identified on the purchase order.

Failure to bid FOB Destination Freight Prepaid and Installed in price may disqualify your bid.

3. On Site Service: In carrying out the scope of this contract, the contractor may be required to perform services on

University property. Bidders cost must include all transportation and insurance charged. The contractor is required to maintain insurance in compliance with “Standard Terms and Conditions 23.0 Insurance”.

4. Timeliness of Delivery: Delivery and installation is desired as soon as possible ARO.

5. Parking: University parking is very limited. Each contractor and/or employee shall make its own arrangements for parking through the Parking and Transportation Office, Schneider Hall 106, 715-836-2002. No additional costs will be allowed for parking fees or violations.

6. Bidder Qualifications: To be eligible for an award, you must be qualified and able to provide information as required or your bid may be disqualified.

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

6.2 Bidder must designate a person(s) to provide customer service, for ordering/expediting, return authorizations, technical instrument service and warranty issues.

6.3 Bidder must supply upon request a client list of three firms to which similar products have been provided during the past two years to a comparable sized institution or company. If contacted, information received from those clients will be used to determine whether bidder meets qualifications.

6.4 Contractor shall maintain insurance levels as required in Standard Terms and Conditions. A certificate of insurance must be provided upon award.

The contractor shall add the Board of Regents of the University of Wisconsin System, its officers, employees and agents as an additional insured under the commercial general, automobile and contractor’s pollution liability policies.

7. Indemnification: Contractor agrees to hold the University harmless from any loss, claim, damage or liability of any kind involving an employee, officer or agent of the contractor arising out of or in connection with this agreement except to the extent that it is founded upon or grows out of the acts or omissions of any of the officers, employees or agents of the University of Wisconsin System while acting within the scope of their employment where protection is afforded by ss.893.82 and 895.46(1) Wis.Stats.

8. Specifications: See Specifications and/or Itemized Bid List for the minimum acceptable specifications for equipment desired. Failure to provide product specifications and information for items bid may disqualify your bid.

The University will be the sole judge of equivalent acceptability. Specifications may not be revised without an official written amendment issued by Purchasing.

8.1 Subcontracting:

Any contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, otherwise

transferred to any other contractor without prior written approval by Purchasing.

The contractor shall be directly responsible for any subcontractor’s performance and work quality when used

by the contractor. Subcontractors must abide by all terms and conditions under this contract.

8.2 Employee Identification:

All contractor’s employees, while working on University property should wear a clearly displayed photo

identification badge (provided by the contractor at the contractor’s cost) showing they are employees of the

contractor.

9. Method of Bid: The bidder shall clearly indicate the manufacturer and model number(s) being bid. Include the latest printed literature and detailed specifications of the equipment, and a technical specification comparison regarding any deviations from the specifications, as applicable. Bidders shall submit a unit and extended price for each item, a total lot price for all items to include all transportation, handling and installation charges, warranty information, 3 year maintenance agreement and availability.

10. Method of Award: Award shall be made for product meeting or exceeding specifications on the basis of the lowest total item price which is judged to be in the best interest of the University.

The successful bidder will be notified by letter of intent on the award by the University of Wisconsin-Eau Claire.

11. Payment Terms: Payment will not be made until the equipment is determined to meet all specifications and has been accepted by the University. Payment terms may be negotiated with the contractor.

12. Installation Requirements: The contractor must notify Craig Ernst, 715-836-3639 one week prior to delivery and installation of equipment.

13. Additional Information: Please contact Penny Odell, 715-836-5171 if you have any questions regarding this bid. Technical questions regarding this bid should be directed to Craig Ernst, 715-836-3639.

Specifications

Streaming Video System

All specifications are minimum mandatory specifications. The contractor must supply upon delivery of equipment all pertinent operation and equipment manuals. The contractor must provide upon delivery of equipment a copy of the warranty agreement. The contractor must honor, at a minimum, the manufacturer’s standard warranty on this equipment. Warranty should include parts and labor. All hardware necessary to support the system must be included in the bid

The contractor must install the equipment; provide startup assistance, and training for staff. A minimum five days onsite installation and training at University site is required. All of these costs must be included in your bid price as listed on the Itemized Bid Form.

1. User Functionality

The following are specific guidelines with respect to user functionality to ensure the user will experience the full benefits of digital video distribution:

The system shall authenticate the user (username/password login) to determine system-level privilege. Authentication should be tied into the organization’s Active Directory or LDAP directory. Single Sign On should be supported when using Microsoft Active Directory.

The system shall use privileges to determine access to live streams and stored assets, live stream recording, asset publishing, scheduling, and other system functions

The system shall employ an easy to navigate user interface presented through a standard web browser such as Internet

Explorer, Firefox, or Safari

The user interface (navigation) shall be similar when accessed from Windows based PCs, MACs, or Set-top boxes thus allowing users to be comfortable at any viewing location and to minimize training

The system shall support the display of closed captions from the source of the video to the end user

The system shall present the user a program guide of all available content, both live streams and stored assets

The system shall allow the user to view live streams or request stored assets at any time

The system shall allow users to view a Channel Guide which displays a list of live 24x7 channels that are available. If these channels are streaming television content, then the actual program information should be displayed alongside the channel. Programs should be able to be recorded or scheduled to be recorded on the system and transferred automatically to a video-on-demand (VOD) storage server

– similar to a DVR system.

The system shall allow the user to fully control the stored asset playback using FF/REW/PAUSE/PLAY/STOP/SEEK commands

The System shall allow the user (with the appropriate level of permissions) to configure, schedule, and store a server side presentation.

The system shall allow the user to record and save a live stream to a file (appropriate level of permissions required)

The system shall allow the user to add content to the video-on-demand server for future streaming/playback

(appropriate level of permissions required)

The system shall provide the user a video preview window and a single button for full screen display mode

The system shall allow for the user to launch and re-size multiple external video windows

The system shall allow the user to view links to other forms of rich media such as PPTs, PDFs and external URLs

The system shall allow users (with the appropriate level of permissions) to add searchable metadata that is associated with a particular video. The system shall provide a level of standard metadata fields and shall allow for custom fields to be added.

The system shall allow the user to search for video assets using specific keywords

The system shall allow the user to cut and paste a URL into an email program, calendar, or web page. Access to such

URL should still be authenticated through the system.

The system shall allow users to bookmark particular sections of videos with one mouse click for quick access to a particular segment.

The system shall allow multiple bookmarks to be strung together as a playlist, allowing playback of segments of multiple videos.

The system shall allow users (with the appropriate level of permissions) to create thumbnails to be associated with the video by pressing a thumbnail button during video playback. Users (again with the appropriate level of permissions) should also be able to upload existing thumbnails.

The system shall allow users (with the appropriate level of permissions) to schedule events such as live streams, transmission of stored files, recordings, or conferences.

The system shall allow users (with the appropriate level of permissions) to cause a “Priority Alert” message to be sent out to a group or all of the Set Top Boxes in the organization. This can be used for emergency communications or announcements.

2. Overall System Functionality

The following are specific guidelines with respect to system functionality to ensure a fully operational standards-based video distribution system:

The system shall automatically recognize live streams generated by the network appliances (Encoders) and create a

Live program listing and Channel Guide to be used for stream selection

The system shall allow static links to user defined content for both live and stored video as well as other forms of rich media (PPTs, PDFs, web URLs, etc)

The management server shall automatically query all video-on-demand servers present in the network and present their asset listings in a single consolidated list (VOD clustering)

The management server shall automatically determine the desktop components necessary for video playback and, if necessary, push (and install) these components to the end user in order to eliminate the manual installation of desktop software

The system shall not require an end user software download for at least one supported video format

The system shall distribute standards and non-standards based video as follows: o Windows Media (WMV9, WMA8) streams from 20Kbps to 4Mbps at variable frame rates from 1 to full motion

30fps

The system shall be capable of delivering both high (DVD/HD quality) and low (Internet quality) video. H.264 is most suitable for high quality video in the LAN while WM is most suitable for bandwidth challenged network connections

Both internal and external authentication systems shall be supported. Any external authentication should adhere to the

LDAP standards and interoperate with products such as Microsoft Active Directory and Novell eDirectory. With single sign-on.

System databases that are used to determine system access, privileges, system settings, Logging, etc. shall be ODBC compliant

The system shall support the distribution of audio and video to TVs and projectors through a digital Set-top box (STB)

The system shall not deliver compressed video in a proprietary “wrapper” or in a non-standard delivery format

The system shall operate using IP multicast to deliver live video in order to minimize bandwidth utilization and support an unlimited number of simultaneous viewers

The system shall operate using IP Unicast to deliver stored video in order to deliver full control

(FF/REW/PAUSE/PLAY/STOP/SEEK) of the video

The system shall deliver video directly from sources to destinations without flowing through an intermediate network point

The system shall support live closed caption display on both desktops and television monitors as required by the

Americans With Disabilities Act (US Government section 508)

The system shall support the insertion of metadata into the encoded stream as well as the ability to act upon the metadata at the client side (video player)

The system shall provide for copyright enforcement including the enforcement of content expiration dates and restricting the number of simultaneous viewers for a particular asset to adhere to the Teach Act.

The system shall provide an analysis from a reputable third party organization that indicates it is Teach Act certified

The system shall track usage and generate appropriate log files

The system shall support web based reporting software that allows for ease of viewing reports on system access

The system shall allow administrators to create custom metadata fields that end users can add searchable metadata to in order to allow for quick and easy searching of video.

The system shall support recording of video and automatic transfer and ingestion to Video on Demand servers

The end user interface should be able to be easily branded by a non-technical user with the organizations logo and color scheme.

The system shall support multiple user “zones” to allow end users to be directed to an appliance or Video on Demand server in their local zone in order to minimize WAN bandwidth traffic.

The system shall support scheduling of multiple components, including encoding appliances, Video on Demand servers, and Set Top Boxes.

The system shall allow users (with the appropriate level of permissions) to cause a “Priority Alert” message to be sent out to a group or all of the Set Top Boxes in the organization. This can be used for emergency communications or announcements.

The system shall allow administrators to configure a Channel Guide which displays a list of live 24x7 channels that are available. If these channels are streaming television content, then the actual program information should be displayed alongside the channel. For self generated channels, program information should be able to be manually entered about that channel.

The system should support diagnostics that display information regarding administrative changes to the system as well as system errors to assist in troubleshooting.

The system shall provide Status on recordings and their subsequent transfer and ingestion to Video on Demand servers.

3. Video-on-Demand (VOD) servers for the Local Area Network (LAN) or Internet

General

VOD server shall be capable of streaming H.264, MPEG-2, and ISMA based MPEG-4 for LAN applications

VOD server shall be capable of streaming Windows Media for Internet applications

VOD server shall support high speed hard drives with a minimum of 10K RPM

VOD server shall support an internal SCSI architecture

VOD server shall be capable of streaming to PCs, MACs STBs, and Mobile devices

VOD server shall support VCR like controls including FF/RW/PAUSE/PLAY/STOP/SEEK

VOD server shall support the ability to view elapsed and remaining time in a video clip

VOD server shall have clustering capabilities to add more VOD servers for increasing streaming throughput

VOD server shall support delivery of Section 508 ADA act Closed Captions to computers and Set Top Boxes if the video was originally encoded with the closed captions

VOD Management

VOD server shall be managed through standard web services

VOD server shall be managed through a central management system such as the VBrick Enterprise Media System

(VEMS)

VOD interface shall be GUI based

VOD server shall support an open API for custom control applications

VOD Server – H.264 and MPEG VOD Server (LAN Applications)

VOD server shall have at least 300 Mbps of throughput. Examples: o 300 viewers each watching an independent 1 Mbps video stream o 600 viewers each watching an independent 500 Kbps video stream o 1200 viewers each watching an independent 250 Kbps video stream

VOD server shall have a minimum of 4GB RAM to support streaming throughput

VOD server shall support at least two 73GB hard drives for OS (RAID 1)

VOD server shall support at least 1.2TB (unformatted) internal storage for content

VOD storage shall support hardware level RAID 5 for redundancy

VOD server shall have dual redundant power supplies

VOD server shall run on a Windows operating system

4. Management Server

General

Management server shall support H.264, Windows Media, MPEG-2, and MPEG-4 streaming formats

Management server shall support the distribution of both live streams and stored files

Management server shall support the creation of a video preview window

Management server shall support the creation of scheduled events such as streaming and recording

Management server shall support full screen viewing of live and VOD content

Management server shall support the administration of other system components such as the VOD server through a

GUI based interface

Management server shall support LDAP and tie into LDAP directories such as Microsoft Active Directory and Novell eDirectory systems for login and authentication. Single Sign On should be supported when using Microsoft Active

Directory.

Physical

Server shall be mountable in a 19” equipment rack

Server shall be 1U or 2U (hardware/software option)

Server shall support external SCSI interfaces

Server shall support 10/100/1000 BT Ethernet NICs

Control and user functionality

Management server shall support one touch recording of video to VOD server from PC or STB

Management server shall support the launching and re-sizing of an external player window

Management server shall support clustering of VOD servers from a single management system

Management server shall support round robin load balancing of clustered VOD servers

Management server shall provide a link to any other asset such as video from other sources (Windows Media, Real,

QuickTime), web pages or documents (PDF, XLS, DOC, etc)

Management server shall communicate with PC, MACs and STBs to utilize components within those platforms to view live and VOD video

Management server shall support Windows Media Player for viewing in PCs and QuickTime within MACs

Management server shall support a search mechanism for the quick retrieval of assets

Management server shall support a server side presentation capability.

Management server shall support full FF/RW/STOP/PLAY/PAUSE/SEEK control of VOD assets from the PC or STB

Management server shall allow recording of live content directly from the Set Top Box or PC/Mac interface to the VOD server

Management server shall automatically list for viewing, all H.264, Windows Media, and MPEG-2 and MPEG-4 channels, including dynamic roll about carts, immediate announcements and VOD multicasts; without requiring central administration

Management server shall support the creation of thumbnails for VOD content

Management server shall support the creation and distribution of scripts which can be used to control other IP addressable devices in the system

Management server shall support the creation and distribution of Priority Alert events

Management

Management server interface shall be GUI and web based

Management server shall support APIs for custom control applications

Management server shall deliver similar viewing interfaces to PCs, MACs, and Set top boxes

Management server shall generate and deliver web based administrative interfaces

Management server shall authenticate user access and assign privilege level

Management server shall use privilege level to determine access to live and VOD streams and other system privileges

(such as Scheduling and Presentation creation)

Management server shall not require manual desktop installation of viewing components

Management server shall support the creation of user groups

Management server shall support the creation of live channel assignments

Management server shall support the customization of database entries

Management server shall support the importation of metadata such as documents and URLs

5. Maintenance

All hardware and software must include 3 years of maintenance. The maintenance shall include all software updates and major releases, as well as a 5 day guarantee of hardware being returned once the hardware is received for RMA.

6. Installation

Installation of the system must be facilitated by a trained and certified reseller of that system type. A minimum five days on-site installation and training at University site is required.

Itemized Bid Form

1 each Video Streaming System (includes 3 year maintenance)

$___________

State system manufacturer and model you are bidding on: ___________________________

TOTAL PRICE $___________

Bidder Information:

Company Name:________________________________________

Address:_______________________________________________

Address:_______________________________________________

Phone:_________________________ Fax:___________________

Signature:______________________________________________

Title:___________________________________________________

Customer Service Contact: ___________________________________

Phone: ________________________ Fax: _____________________

University of Wisconsin-Eau Claire

Standard Terms and Conditions

Request for Bid

1.0

SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The State of Wisconsin shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal.

2.0

DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable.

3.0

QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the State of Wisconsin.

4.0

QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right to increase or decrease quantities to meet actual needs.

5.0

DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified.

6.0

PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts.

6.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract.

For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.

6.2 Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be submitted to the contracting agency thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the contractor which are demonstrated to be industrywide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements.

6.3 In determination of award, discounts for early payment will only be considered when all other conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30).

7.0

UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act.

8.0

ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the State of Wisconsin.

Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid/proposal is due.

Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a bid/proposal by the purchasing office.

9.0

METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified.

10.0

ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized.

11.0

PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified.

Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing.

A good faith dispute creates an exception to prompt payment.

12.0

TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below.

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

13.0

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

14.0

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

15.0

APPLICABLE LAW AND COMPLIANCE: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. The State of Wisconsin also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts.

16.0

ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser). Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract.

17.0

ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the prior written consent of the State of Wisconsin.

18.0

WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals.

19.0

NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities.

19.1 Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor has a workforce of less than twenty-five (25) employees. Within fifteen

(15) working days after the contract is awarded, the contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency.

19.2 The contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law.

19.3 Failure to comply with the conditions of this clause may result in the contractor's becoming declared an "ineligible" contractor, termination of the contract, or withholding of payment.

20.0

PATENT INFRINGEMENT: The contractor selling to the State of Wisconsin the articles described herein guarantees the articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe any United

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

21.0

SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the State of Wisconsin must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards.

22.0

WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the contractor.

23.0

INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall:

23.1 Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work.

23.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage.

23.3 The state reserves the right to require higher or lower limits where warranted.

24.0

CANCELLATION: The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract.

25.0

VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin.

26.0

PUBLIC RECORDS ACCESS: It is the intention of the state to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities.

Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract.

27.0

PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request, must be clearly stated in the bid/proposal itself.

Proprietary information submitted in response to a request will be handled in accordance with applicable State of Wisconsin procurement regulations and 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.

28.0

DISCLOSURE: If a state public official (s. 19.42, Wis. Stats.), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract. Disclosure must be made to the State of

Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123).

State classified and former employees and certain University of Wisconsin faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis.

Stats.

29.0

RECYCLED MATERIALS: The State of Wisconsin is required to purchase products incorporating recycled materials whenever technically and economically feasible. Bidders are encouraged to bid products with recycled content which meet specifications.

30.0

MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR

1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s).

31.0

PROMOTIONAL ADVERTISING / NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its departments, agencies or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the State of Wisconsin. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency.

STATE OF WISCONSIN

DOA-3027 N(R01/98)

DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION

The attached material submitted in response to Bid/Proposal #PO-1117 includes proprietary and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the

Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval.

Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential.

Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats. as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

We request that the following pages not be released

Section Page # Topic

_______________________________________________________________________________________________________

_______________________________________________________________________________________________________

_______________________________________________________________________________________________________

_______________________________________________________________________________________________________

IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE UNDERSIGNED

HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSARY ASSISTANCE TO DEFEND THE DESIGNATION OF

CONFIDENTIALITY AND AGREES TO HOLD THE STATE HARMLESS FOR ANY COSTS OR DAMAGES ARISING OUT OF THE

STATE'S AGREEING TO WITHHOLD THE MATERIALS.

Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response will be open to examination and copying. The state considers other markings of confidential in the bid/proposal document to be insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified above.

Company Name ___________________________________________

Authorized Representative ___________________________________________

Signature

Authorized Representative ___________________________________________

Type or Print

Date ___________________________________________

This document can be made available in accessible formats to qualified individuals with disabilities

State of Wisconsin

Department of Administration

DOA-3333 (R03/2004)

Division of State Agency Services

State Bureau of Procurement

Vendor Agreement

Wisconsin’s Cooperative Purchasing Service

Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts.

Participating in the service gives vendors opportunities for additional sales without additional bidding. Municipalities use the service to expedite purchases. A "municipality" is defined as any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis.Stats.

Interested municipalities:

will contact the contractor directly to place orders referencing the state agency contract number; and

are responsible for receipt, acceptance, inspection of commodities directly from the contractor, and making payment directly to the contractor.

The State of Wisconsin is not a party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases.

The

State of Wisconsin will determine the contractor’s participation by checking a box below.

MANDATORY: Bidders/Proposers must agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. Vendors should note any special conditions below.

OPTIONAL: Bidders/Proposers may or may not agree to furnish the commodities or services of this bid/proposal to

Wisconsin municipalities. A vendor’s decision on participating in this service has no effect on awarding this contract.

A vendor in the service may specify minimum order sizes by volume or dollar amount, additional charges beyond normal delivery areas, or other minimal changes for municipalities.

Vendor: please check one of the following boxes in response.

I Agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities with any special conditions noted below.

I Do Not Agree to furnish the commodities or services to Wisconsin municipalities.

Special Conditions (if applicable):

Signature

Name (Type or Print)

Company

Address (Street)

Date (mm/dd/ccyy)

Title

Telephone

( )

State ZIP + 4 City

Commodity/Service Request for Bid/Proposal Number

This form can be made available in accessible formats upon request to qualified individuals with disabilities

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