VENDOR NET TRANSMISSION COVER LETTER

VENDOR NET TRANSMISSION COVER LETTER

VENDOR NET TRANSMISSION COVER LETTER

DATE:

March 11, 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: 11-0114

ISSUE DATE: 03/11/11

DUE DATE: 04/05/11 2:00 PM CDT

If

NO BID

(check here) and return.

AGENT:

Donald Schwoerer

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

EAGLE HEIGHTS BUILDINGS GALVANIZED PIPE REPLACEMENTS

SITE VISIT:

A site visit is scheduled for March 22, 2011 at 9:00 a.m. See Section 3.2 for details.

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.: 11-0114

TABLE OF CONTENTS

SECTION #1: SUBMITTAL INSTRUCTIONS

SECTION #2: GENERAL INFORMATION

2.1 Purpose

2.2

2.3

2.4

2.5

Definitions

Affirmative Action

Wisconsin Sales and Use Tax Registration

VendorNet

2.6

2.8

2.8

Smoke-Free Environment

Promotional Materials/Endorsements

Supplier Diversity

SECTION #3: RFB PROCESS INSTRUCTIONS

3.1

3.2

3.3

Clarifications and/or Revisions through Designated Contact

Site Visit

Conflict of Interest

3.4 Proprietary Information

3.5 Reasonable Accommodations

3.6 Protests

3.7 Method of Bid

3.8 Method of Award

SECTION #4: BIDDER QUALIFICATIONS

4.1 Bidder Contact Information

4.2 Bidder Experience

4.3 Client List/References

SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS

5.1

5.2

5.3

On Site Service

Timeliness of Work

Invoice Payment

5.4 Insurance

5.5 Executed Contract to Constitute Entire Contract

SECTION #6: SPECIFICATIONS

6.1 Subcontracting

6.2 Employee Identification

6.3 Prevailing Wage Rate

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

ATTACHMENT G CERTIFICATION OF SITE VISIT FORM

PAGE

1-2

8

6-7

3-5

9

10

11-12

13-16

17

18

19

20-24

25

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

INTRODUCTION

BID NO.: 11-0114

PAGE 1 OF 25

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: 11-0114

DUE DATE: 04/05/11 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

1.1 BID RESPONSE REQUIREMENTS:

BID NO.: 11-0114

PAGE 2 OF 25

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. Request for Bid Form

(signed)

2. Bidder Response Sheet (including attachments as requested on Bidder Response Sheet)

(Attachment A)

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

8. Certification of Site Visit form (Attachment G)

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

4. Itemized Bid List (Attachment C)

5. Client Reference List (Attachment D)

6. Bidder Information Sheet (Attachment E)

7. Standard Terms and Conditions (Attachment F)

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0114

PAGE 3 OF 25

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 UW Madison Division of University

Housing, University Apartments, hereinafter referred to as "Housing," requests bids for the purchase of Pipe

Replacements at University Apartments.

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.

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 University Housing.

MBE

DVB

RFB

means Minority Business Enterprise.

means Disabled Veteran-Owned Business.

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.: 11-0114

PAGE 4 OF 25

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 Smoke-Free Environment:

All University buildings are smoke-free buildings.

2.7 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.

2.8 Supplier Diversity

2.8.1 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

2.8.2 Woman Owned Business (WBE)

BID NO.: 11-0114

PAGE 5 OF 25

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.

2.8.3 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.: 11-0114

PAGE 6 OF 25

SECTION #3: RFB PROCESS INSTRUCTIONS

3.1 Clarifications and/or Revisions through Designated Contact:

All communications and/or questions in regard to this request should be in writing and 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.

This is NOT the contact information for Bid submission.

(Please see Section #1 for submittal instructions)

ADMINISTRATIVE

& TECHNICAL

Donald Schwoerer

UW Housing, Slichter Hall, Room 21

625 Babcock Drive

Madison, WI 53706

E-mail: [email protected]

PHONE 608/262-2525 -- FAX 608/265-8721

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 Site Visit:

Bidder must visit the job site prior to submitting a bid to assure themselves and the University that they fully understand all requirements of the project.

Bidder must attend a Site Visit in order for their bid to be considered for an award

. In order for your bid to be considered, the attached Certificate of Site Visitation form, completed by the bidder and signed by a Purchasing Services representative, should be submitted with your bid. A site visit is scheduled for March 22, 2011 at 9:00 a.m. Bidders are to meet at University

Apartments, Apartment Services Office, 2902 Haight Road, Madison, WI 53705. Contact Donald Schwoerer at

(608) 262-2525 to confirm your attendance at the site visit.

3.3 Conflict of Interest:

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

3.4 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

3.5 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.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0114

PAGE 7 OF 25

3.6 Protests:

Any protest of the University's solicitation or intent to award must be based on violation of the State of Wisconsin

Administrative Code and the State Procurement Manual.

No later than five working days after the date of solicitation or the notice of intent to award is issued by the

University, written notice of intent to protest must be received by:

The Office of the Chancellor

The University of Wisconsin-Madison

500 Lincoln Drive

Madison, Wisconsin 53706 with a copy to:

Director of Purchasing Services

University of Wisconsin-Madison

21 N Park St, Suite 6101

Madison WI 53715-1218

The complete protest must be received by the Chancellor and the Director of Purchasing Services no later than ten working days after the date of solicitation or the intent to award is issued. The protest must be in writing.

Protesters must make their protests as specific as possible and must specifically identify the Wisconsin State

Statute and/or State of Wisconsin Administrative Code provision(s) allegedly violated.

The decision of the University regarding the protest may be appealed to the Secretary of the Department of

Administration within five working days after denial by UW, with a copy of such appeal filed with the University.

3.7 Method of Bid:

Bidder must submit a

net unit price

for each item and a total price by in US dollars unless otherwise indicated.

lot

as designated. Prices listed should be

3.8 Method of Award:

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

net line item

price(s) and/or the lowest

net lot total

(s), whichever 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.

The University will obtain an estimate f rom the University’s contracted customs broker for duty fees, port of entry documentation fees, customs clearance charge, tax, etc. and add these additional costs to all applicable bids and used in the evaluation for award.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0114

PAGE 8 OF 25

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 Plumbing item/service and must have done so for the past seven (7) years.

4.3 Client List/References:

Bidder must supply with their bid a client list of three (3) firms to which similar items/services have been provided during the past three (3) years to a comparable sized institution or company (see Attachment D). If contacted, information received from those clients will be used to determine whether bidder can reasonably meet contract requirements and specifications. Client references may be used in the award consideration.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0114

PAGE 9 OF 25

SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 On Site Service:

In carrying out the scope of this Contract, the Contractor shall be required to perform services on University property. Bidders cost must include all transportation and insurance charges. The Contractor is required to maintain insurance in compliance with "Standard Terms and Conditions 22.0 Insurance" and Section 5.4 below.

5.2 Timeliness of Work:

LOT 1

Must be completed by June 30, 2011.

LOT 2

Must be completed by December 31, 2011.

Failure to accept this delivery requirement may disqualify your bid.

Once awarded, failure to meet this delivery date may result in cancellation of purchase order (award). The

University reserves the right to contract with a second vendor/contractor to receive the items/services per completion date requirements.

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 and an “Affidavit of Compliance” for the prevailing wage determination is completed and filed with the Contract Administrator as listed in 3.1.

5.4 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 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 liability policies.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0114

PAGE 10 OF 25

SECTION #6 SPECIFICATIONS

identification badge or uniform showing name of employee and/or company represented. Any identification must be provided by the Contractor at the Contractor’s cost.

6.3 Prevailing Wage Rate:

Work provided under this project shall be in accordance with Sec. 103.49 Wis. Stats., which requires payment of prevailing wage for the stated trade or occupation. Contractor is required to post at the job site a sign stating that Contractor is in compliance with Section 103.49 of the Wisconsin Statutes. To the extent required by Sec.

103.49 Wisconsin State Statutes, and Chapter DWD 290 of the Wisconsin Administrative Code the Contractor shall pay the prevailing wage for work performed in fulfillment of this project and at all times comply with and observe all requirements of prevailing wage laws which are in effect during the period of this Contract and which in any manner affect the work or its conduct. Wages quoted under this provision must include employer's share of FICA, unemployment compensation, worker's compensation insurance, public liability insurance and any other overhead item applicable to your firm's operation.

Based on the prevailing rate determination, payment will not be made until an affidavit of Compliance is filed with the contract administrator as listed in section 3.1 of this RFB.

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.

UW Specifications may not be revised without an official written amendment issued by Purchasing.

6.1 Subcontracting:

6.1.1 Any Contract resulting from this proposal shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any Subcontractor without prior written approval by Purchasing. Upon request

Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#, SS#) and signed W-9 form.

6.1.2 The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. University reserves the right to assess

Contractor Liquidated Damages in ex cess of the contract amount for Subcontractor’s failure to perform or inability to complete required project milestones.

6.1.3 Subcontractors must abide by all terms and conditions under this Contract.

6.1.4 If Subcontractors are to be used, the Contractor must clearly explain their participation, deliverables, and project milestones prior to commencing work.

6.2 Employee Identification:

All C ontractor’s employees, while working on University property, must wear a clearly displayed photo

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0114

PAGE 11 OF 25

ATTACHMENT A: BIDDER RESPONSE SHEET

NOTE:

This form

must be returned

with your bid response. Numbers identified correspond to those Sections shown in the

SPECIAL CONDITIONS OF BID

. Bidder may attach additional relevant information to their bid response; identify sections to which information applies.

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

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.

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

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)

3.2 Have you made the required Site Visit?

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.: 11-0114

PAGE 12 OF 25

4.2 Are you in the business of providing Plumbing services and has your company or its principals done so for the past seven (7) years ?

4.3 Have you provided a client list?

5.1

Are you bidding all prices On Site Service? (Be sure to read Section 5.1 carefully)

5.2 Can you meet completion date requirements?

If not, please state when work can be completed by lot:

LOT 1

LOT 2

___________________

___________________

5.4 Will you provide insurance certificate(s) indicating coverage and agree to maintain coverage as required in 5.4 and will you add the following language to the insurance certificate?:

“The Board of Regents of the University of Wisconsin System, its officers, employees and agents are added as an ‘additional insured’ under the commercial general, automobile and

Contractor’s liability policies on any insurance certificate provided”.

6.1 Do you agree to subcontracting terms and conditions?

6.2 Will you agree to have all employees wear appropriate identification?

6.3 Do you agree to comply with and observe all requirements of Prevailing Wage

laws in effect?

YES NO

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0114

PAGE 13 OF 25

ATTACHMENT B: SPECIFICATIONS

Eagle Heights Buildings Galvanized Pipe Replacements

The work involves removing accessible galvanized domestic water piping in the basement areas

(mechanical, laundry, hallway and resident storage) and replacing with new copper piping and associated components:

1.

2.

Remove and dispose of (off site) old pipe and fittings.

Install new copper hot water supply and hot water recirculation mains from storage tank to the end of accessible tunnels.

3.

4.

5.

Includes new type L copper pipe, fittings, ball valves, dielectric unions, circuit setters and hangers (supplement hangers or provide all new hangers to meet spec spacing).

Includes flushing new pipes for sediment. (Running thru supply out returns at tank).

Includes flushing apartment’s tubs, kitchen sinks, and bathroom sinks removing sediment. This work will be done with the assistance of a maintenance mechanic after each building is completed.

6.

7.

8.

9.

10.

Balance return system with circuit setters.

Update valve charts. Installing valve tags.

Includes all labor and material.

Insulation.

Project scope described in site visit.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0114

PAGE 14 OF 25

GENERAL DUTY VALVES FOR PLUMBING PIPING

BASED ON DSF MASTER SPECIFICATION DATED 5/1/08

PRODUCTS

DOMESTIC WATER

ABOVE GROUND:

Type L copper water tube, H (drawn) temper, ASTM B88; wrought copper pressure fittings, ANSI B16.22; lead free (<.2%) solder, ASTM B32; flux, ASTM B813; copper phosporous brazing alloy, AWS A5.8 BCuP. Copper mechanical grooved fittings and couplings on roll grooved pipe may be used in lieu of soldered fittings. Mechanically formed brazed tee connections may be used in lieu of specified tee fittings for branch takeoffs up to one-half (1/2) the diameter of the main.

DIELECTRIC UNIONS AND FLANGES

Watts Regulator Company, Lochinvar, Wilkins or EPCO Sales, Inc., dielectric unions 2" and smaller; dielectric flanges 2" and larger; with iron female pipe thread to copper solder joint or brass female pipe thread end connections, non-asbestos gaskets, having a pressure rating of not less than 175 psig at 180 degrees.

UNIONS AND FLANGES

Unions, flanges and gasket materials to have a pressure rating of not less than 150 psig at 180 degrees. Gasket material for flanges and flanged fittings shall be teflon type. Treated paper gaskets are not acceptable.

WATER SYSTEM VALVES

All water system valves to be rated at not less than 125 water working pressure at 240 degrees F unless noted otherwise.

BALL VALVES:

3" and smaller: Two or three piece bronze body; sweat ends, chrome plated bronze ball; glass filled teflon seat; teflon packing and threaded packing nut; blowout-proof stem; 600 psig WOG. Provide valve stem extensions for valves installed in all piping with insulation. Apollo 70-200, Jomar T/S 100, Hammond 8511, Milwaukee BA150, Nibco S580-70, Watts B-6001.

BALANCE VALVES:

2" and smaller: Two or three piece bronze body ball valve, sweat or threaded ends, chrome plated brass ball, glass filled teflon seat, threaded packing nut, with adjustable memory stop position indicator and extended handle stem, suitable for 400 psig water working pressure at 240 degrees F. Watts B-6000/B-6001 BS Apollo, Grinnell, Hammond, Jomar, Milwaukee Or Nibco manufacturer.

DRAIN VALVES:

3/4 inch ball valve with integral threaded hose adapter, sweat or threaded inlet connections, with threaded cap and chain on hose threads, Watts B-6000-CC/B-6001-CC series.

EXECUTION

GENERAL

Properly align piping before installation of valves. Install and test valves in strict accordance with valve manufacturer's installation recommendations. Do not support weight of piping system on valve ends.

Mount valves in locations which allow access for operation, servicing and replacement.

Provide valve handle extensions for all valves installed in insulated piping.

Install all valves with the stem in the upright or horizontal position. If possible, install butterfly valves with the stem in the horizontal position. Valves installed with the stems down will not be accepted.

Prior to flushing of piping systems, place all valves in the full-open position.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0114

PAGE 15 OF 25

SHUT-OFF VALVES

Install shut-off valves at each piece of equipment, at each branch take-off from mains for isolation or repair and elsewhere as indicated.

BALANCING VALVES

Install where indicated on the drawings and details for balancing of flow in pumped hot water recirculation piping systems.

Upon project completion, adjust each valve and set position stop. Balance system to minimum flow in return piping branches needed to maintain even supply water temperature throughout building.

DRAIN VALVES

Provide drain valves for complete drainage of all systems. Locations of drain valves include low points of piping systems, downstream of riser isolation valves, equipment locations specified or detailed, other locations required for drainage of systems and elsewhere as indicated.

HANGER AND SUPPORT SPACING

Install hangers to provide minimum 1/2 inch space between finished covering and adjacent work.

Place a hanger within 12 inches of each horizontal elbow, valve, strainer, or similar piping specialty item.

Use hangers with 1-1/2 inch minimum vertical adjustment.

Where several pipes can be installed in parallel and at the same elevation, provide multiple or trapeze hangers.

Support riser piping independently of connected horizontal piping.

Adjust hangers to obtain the slope specified in the piping section of these specifications.

Space hangers for pipe as follows:

Pipe Material

Cast Iron

Copper

Copper

Pipe Size

2" and larger

Max. Horiz. Spacing

5'-0"

1/2" through 3/4"

1" through 1-1/4"

5'-0"

6'-0"

Max. Vert. Spacing

15'-0"

10'-0"

10'-0"

Copper 1-1/2" through 2-1/2"

DIELECTRIC UNIONS AND FLANGES

8'-0" 10'-0"

Install dielectric unions or flanges at each point where a copper-to-steel pipe connection is required in domestic water systems.

UNIONS AND FLANGES

Install a union or flange at each connection to each piece of equipment and at other items which may require removal for maintenance, repair, or replacement. Where a valve is located at a piece of equipment, locate the flange or union connection on the equipment side of the valve. Concealed unions or flanges are not acceptable

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0114

PAGE 16 OF 25

PLUMBING INSULATION

BASED ON DSF MASTER SPECIFICATION DATED 5/1/08

PART 2 - PRODUCTS

MATERIALS

Materials or accessories containing asbestos will not be accepted.

Use composite insulation systems (insulation, jackets, sealants, mastics, and adhesives) that have a flame spread rating of 25 or less and smoke developed rating of 50 or less, with the following exceptions:

Insulation which is not located in an air plenum may have a flame spread rating not over 25 and a smoke developed rating no higher than 150.

INSULATION AND JACKETS

Manufacturers: Armstrong, Certainteed Manson, Childers, Dow, Extol, Halstead, H.B. Fuller, Imcoa, Knauf, Owens-Corning,

Pittsburgh Corning, Rubatex, Johns-Mansville, or approved equal.

Insulating materials shall be fire retardant, moisture and mildew resistant, and vermin proof. Insulation shall be suitable to receive jackets, adhesives and coatings as indicated.

RIGID FIBERGLASS INSULATION:

Minimum nominal density of 3 lbs. per cu. ft., and thermal conductivity of not more than 0.23 at 75 degrees F, minimum compressive strength of 25 PSF at 10% deformation, rated for service to 450 degrees F.

White kraft reinforced foil vapor barrier all service jacket, factory applied to insulation with a self-sealing pressure sensitive adhesive lap, maximum permeance of .02 perms and minimum beach puncture resistance of 50 units.

SEMI-RIGID FIBERGLASS INSULATION:

Minimum nominal density of 3 lbs. per cu. ft., thermal conductivity of not more than 0.28 at 75 degrees F, minimum compressive strength of 125 PSF at 10% deformation, rated for service to 450 degrees F. Insulation fibers perpendicular to jacket and scored for wrapping cylindrical surfaces.

White kraft reinforced foil vapor barrier all service jacket, factory applied to insulation with a maximum permeance of .02 perms and minimum beach puncture resistance of 50 units.

PIPE INSULATION SCHEDULE:

Provide insulation on new and existing remodeled piping as indicated in the following schedule:

Service smaller

Hot Water Supply

Insulation

Types to 2"

Rigid Fiberglass

Insulation Thickness by Pipe Size

1" and 1-1/4" 2-1/2" 5" to 6" 8" and to 4"

1"

Hot Water Circulating Rigid Fiberglass

1”

Cold Water Rigid Fiberglass

0.5”

1"

1”

0.5”

larger

1.5"

1.5”

1”

1.5"

1”

1.5"

1”

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0114

PAGE 17 OF 25

2.

3.

Building 915-16-17

Building 924-925

LOT 1 TOTAL

ATTACHMENT C: ITEMIZED BID LIST

LOT 1 (work to be completed by 6/30/2011)

ITEM DESCRIPTION

1. Building 912-13-14

PRICE

$____________

$____________

$____________

$____________

LOT 2 (work to be completed by 12/31/2011)

ITEM DESCRIPTION

1. Building 926-27-28

2.

3.

Building 929-30-31

Building 932-33-34

LOT 2 TOTAL

PRICE

$____________

$____________

$____________

$____________

TOTAL OF LOTS 1 and 2 $____________

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0114

PAGE 18 OF 25

ATTACHMENT D - CLIENT REFERENCE LIST

Bidder Name:____________________________________________________________________________________

The Bidder must provide a minimum of three (3) business references.

1. Reference Name: _____________________________________________ Contact: ___________________________

Address: _____________________________________________________________________________________________

Phone #: ( ) ____________________ E-mail address_______________________________________________________

Fax/Internet address:____________________________________________________________________________________

Description and date(s) of commodities and services provided: __________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

2. Reference Name: _____________________________________________ Contact: ___________________________

Address: _____________________________________________________________________________________________

Phone #: ( ) ____________________ E-mail address_______________________________________________________

Fax/Internet address:____________________________________________________________________________________

Description and date(s) of commodities and services provided: __________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

3. Reference Name: _____________________________________________ Contact: ___________________________

Address: _____________________________________________________________________________________________

Phone #: ( ) ____________________ E-mail address_______________________________________________________

Fax/Internet address:____________________________________________________________________________________

Description and date(s) of commodities and services provided: __________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

References may be contacted to confirm the Bidder

’s abilities and qualifications as stated in the Bidder’s response. The University may perform due diligence by contacting any applicable business reference, including references from within the UW System. The University reserves the right to disqualify any Bidder whose references don’t support their stated claim of qualifications in their response.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0114

PAGE 19 OF 25

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 packin g 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.: 11-0114

PAGE 20 OF 25

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.: 11-0114

PAGE 21 OF 25

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.: 11-0114

PAGE 22 OF 25

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.: 11-0114

PAGE 23 OF 25

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.: 11-0114

PAGE 24 OF 25

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.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 11-0114

PAGE 25 OF 25

ATTACHMENT G:

CERTIFICATION OF SITE VISIT

SOLICITATION #11-0114

This certifies that ___________________________________ (Name of Representative) of

_______________________________________________ (Name of Bidder’s Company) has visited the site on ______________________ (Date) for the project described in the specifications, toured the facilities, familiarized himself/herself with the facilities, and received the project briefing provided by the University.

This completed document must be signed and dated by the University’s representative and returned to be considered for award.

___________________________________

(University Department Representative)

___________________________________

Date

_________________________________

(Signature of Purchasing Representative)

________________________________

Date

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]

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