University of Wisconsin - Madison REQUEST FOR BID

University of Wisconsin - Madison REQUEST FOR BID
University of Wisconsin - Madison
REQUEST FOR BID
THIS IS NOT AN ORDER
AGENT: Janet Bresnahan
Questions regarding this bid – see Section 3.1
For Submittal of Bid Instructions – see Section #1.
OFFICIAL SEALED
CONTRACT NUMBER: 12-5379
ISSUE DATE:
DUE DATE:
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.
10/27/11
11/9/11
If NO BID (check here)
2:00 PM CST
and return.
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
Automated Microbiology Identification System and Related Consumables
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: (
)
FAX NUMBER:
EMAIL ADDRESS:
FEIN NUMBER:
DUNS #:
(
)
UNIVERSITY OF WISCONSIN
CONTRACT NO.: 12-5379
TABLE OF CONTENTS
SECTION #1: SUBMITTAL INSTRUCTIONS
PAGE
1-2
SECTION #2: GENERAL INFORMATION
2.1 Purpose
2.2 Definitions
2.3 Eligible Purchasers
2.4 Affirmative Action
2.5 Wisconsin Sales and Use Tax Registration
2.6 VendorNet
2.7 Orders
2.8 Electronic Commerce/Online Ordering
2.9 Campus Delivery Requirements
2.10 Parking
2.11 Smoke-Free Environment
2.12 Promotional Materials
2.13 Supplier Diversity
3-6
SECTION #3: RFB PROCESS INSTRUCTIONS
3.1 Clarifications and/or Revisions through Designated Contact
3.2 Applicable Dates
3.3 Contract Term
3.4 Conflict of Interest
3.5 Oral Presentations, Product Demonstrations and Site Visits (Pre Award)
3.6 Proprietary Information
3.7 Reasonable Accommodations
3.8 Method of Bid
3.9 Method of Award
7-8
SECTION #4: BIDDER QUALIFICATIONS
4.1 Bidder Contact Information
4.2 Bidder Experience
4.3 Authorization
4.4 Client List/References
4.5 Fair Price Analysis
4.6 Minimum Order
4.7 Debarment
9
SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS
5.1 Firm Prices and Discounts
5.2 F.O.B. Destination, Freight Prepaid and Absorbed by Bidder
5.3 Timeliness of Delivery
5.4 Item Return Policy
5.5 Additional Items/Services
5.6 Acceptance and Testing (Post Award)
5.7 Invoicing Requirements
5.8 Invoice Payment
5.9 Shipments, Duplicates and Overshipments
5.10 Training
5.11 Insurance
5.12 Performance Meetings
5.13 Subcontracting
5.14 Activity Reports
5.15 Contract Termination
5.16 Record and Audit
5.17 Executed Contract to Constitute Entire Contract
10-14
UNIVERSITY OF WISCONSIN
CONTRACT NO.: 12-5379
TABLE OF CONTENTS (Continued)
SECTION #6: SPECIFICATIONS
6.2 Warranty
6.3 Maintenance and Repair
6.7 Trade-In
6.8 Demonstration Equipment
6.9 Employee Identification
6.10 Environmentally Friendly (“Green”) Product
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D
ATTACHMENT E
ATTACHMENT F
BIDDER RESPONSE SHEET
SPECIFICATIONS
ITEMIZED BID LIST
CLIENT REFERENCE LIST
BIDDER INFORMATION SHEET
STANDARD TERMS AND CONDITIONS
PAGE
15-16
17-20
21-24
25-28
29
30
31-35
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 1 OF 35
INTRODUCTION
SECTION #1: SUBMITTAL INSTRUCTIONS
A completed and signed bid response must be received and date/time stamped in by UW-Madison Purchasing Services
prior to 2:00 p.m. CST on the stated bid due date to be considered. Bids not so date/time stamped shall be considered
late. Late bids shall be rejected. We have supplied you 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.
MAIL TO:
[Purchasing Services, 21 N. Park Street, Suite 6101, Madison, WI 53715-1218]
Original and one (1) copy of mailed bids must be received and date/time stamped prior to 2:00 p.m. CST on the stated bid
due date.
HAND DELIVER TO: [Purchasing Services, 21 N. Park Street, Suite 6101, Madison, WI 53715-1218]
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
prior to 2:00 p.m. CST on the stated bid due date.
E-MAIL TO:
[[email protected]]
For your e-mailed bid to be considered valid by UW-Madison Purchasing Services:
1. A completed copy of the entire response must be received and be available for printing or processing prior to 2:00 p.m.
CST on the stated bid due date via e-mail. Submitting a bid to any other e-mail address than [email protected]
does not constitute receipt of a valid bid by Purchasing Services. Prior to the bid deadline, bidder is responsible for
confirming that their e-mailed bid response has been successfully received. 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. CST 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: 12-5379
DUE DATE: 11/9/11
TIME: 2:00 PM CST
INSERT
VENDOR NAME HERE: ______________________________________
ADDRESS: ________________________________________________
________________________________________________
________________________________________________
UNIVERSITY OF WISCONSIN-MADISON
PURCHASING SERVICES
21 N PARK ST, SUITE 6101
MADISON, WI 53715-1218
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
1.1
BID RESPONSE REQUIREMENTS:
In order for your bid to be considered, the following forms/information must be completed and submitted as
part of your bid response. Failure to provide these forms/information with your bid submittal may disqualify
your bid.
1.
2.
3.
4.
5.
1.2
CONTRACT NO.: 12-5379
PAGE 2 OF 35
Request for Bid Form (signed)
Bidder Response Sheet (including attachments as requested on Bidder Response Sheet) (Attachment A)
Specifications, descriptive brochure and detail (and samples if required) for the item(s) bid (Section 6)
(Attachment B)
Itemized Bid List (Attachment C)
Client Reference List (Attachment D)
PLEASE SEND TWO (2) COMPLETE SETS OF YOUR BID (If e-mailing your bid, one copy is sufficient – do
not submit twice).
RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 3 OF 35
SECTION #2: GENERAL INFORMATION
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.
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 the University of Wisconsin-Madison Department
of Veterinary Medicine hereinafter referred to as “Department” requests bids for the purchase of an Automated
Microbiology Identification System and Related Consumables.
Scope:
See Specifications (Section 6 and Attachment B) for the scope and minimum acceptable specifications for
items/services desired. The estimated item quantities identified on the Itemized Bid List (Attachment C) are for bid
purposes only. The University does not guarantee to purchase any specific quantity or dollar amount.
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.
CIC means Committee on Institutional Cooperation, a consortium of the Big Ten universities plus the University of
Chicago.
Contractor means successful Bidder awarded the bid.
Department means UW-Madison Department of Veterinary Medicine.
DVB means Disabled Veteran-Owned Business.
MBE means Minority Business Enterprise.
Purchasing card means State credit card.
RFB means Request for Bid.
State means State of Wisconsin.
University and UW both mean University of Wisconsin-Madison.
WBE means Woman-Owned Business Enterprise.
2.3
Eligible Purchasers:
All University of Wisconsin-Madison campus locations must be eligible to purchase from this contract.
In addition, other U.W. System campuses, State of Wisconsin agencies, Wisconsin municipalities, other CIC
member institutions and Non-Profit Organizations specifically linked by their mission to the University of
Wisconsin Madison, may desire to purchase from this contract. Bidders should state on the Bidder Response
Sheet whether they agree to provide contract items/services to these other locations.
A Wisconsin municipality is defined by Wisconsin Statute 16.70(8) to include counties, cities, villages, towns,
school boards, sewage, drainage, vocational, technical and adult education districts, and other bodies with the
power to award public contracts.
This Contract must not be construed as mandatory upon any University campus, State agency or municipality.
The University reserves the right to issue separate bids when deemed in the best interest of the University.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
2.4
CONTRACT NO.: 12-5379
PAGE 4 OF 35
Affirmative Action:
As a State agency, the University requires Contractors issued any purchase order exceeding $25,000.00 to
provide an Affirmative Action Plan. Failure to comply appropriately with these requirements may lead to your
company being banned from doing business with any agency of the State of Wisconsin. Additionally, failure
to comply with this requirement may result in termination of this contract and withholding of payment. On the
Bidder Response Sheet please provide the requested information.
For additional information see Section 17.0 of the Standard Terms and Conditions
(http://www.bussvc.wisc.edu/purch/stdterms1.html). Some exceptions may apply. FAQ info is available at:
http://www.bussvc.wisc.edu/purch/VendorInfo/AffAction/AffirActionInfo.html. Instructions for completing a plan are
available upon request.
2.5
Wisconsin Sales and Use Tax Registration:
No award can be made to a vendor who is not in compliance with Sec. 77.66 of the Wisconsin State Statutes
(vendornet.state.wi.us/vendornet/wocc/certtax.asp) relating to sales and use tax certification.
If you have not established a certification for Collection of Sale and Use Tax status with the Wisconsin Department
of Revenue, the University and any other state agency can not issue any purchase orders to your firm. For
additional information see http://www.dor.state.wi.us/html/vendlaw.html
2.6
VendorNet:
The State of Wisconsin has implemented a web-based registration system called “VendorNet” to enable
registered vendors to receive notice of all Official Sealed Bids/Request for Proposals (over $50,000.00) as solicited
by all state agencies.
To obtain information on the state’s bidder registration, please visit the VendorNet Web site at
http://vendornet.state.wi.us or call the VendorNet Information Center (1-800-482-7813). In the Madison area,
please call 264-7898.
2.7
Orders:
Under this contract, Specific order(s), Contract blanket order(s), or Purchasing Card orders (defined below) may be
issued to the Contractor(s). Bidder should identify method by which you will accept orders against this contract
(e.g. e-mail, fax, internet, mail, phone, etc.).
2.7.1 Specific order(s): issued as one-time orders.
2.7.2 Contract blanket order(s): issued for a specified period of time, to allow departmental personnel to issue
releases against the Contract blanket order(s) as needed.
2.7.3 Purchasing Card order(s): issued as one-time order(s).
2.8
Electronic Commerce/Online Ordering:
Customers of this contract may want to take advantage of electronic ordering and “E-Commerce opportunities that
may be offered by the Contractor. If electronic ordering methods are used, the following conditions will apply:
The terms of this RFB will take precedence over any auxiliary or ancillary contract that may be accepted by any
employee of the University or State. Any terms, conditions, clauses or specifications that are not consistent with
the terms, conditions, or specifications of the RFB will be considered null and void and will not be enforceable by
the Contractor unless agreed to in a written amendment format signed by the Contract Administrator. These
contracts include, at a minimum, “Wrap Around”, “Click and Wrap”, Electronic Commerce contracts, auxiliary or
ancillary service contracts, or any other additional contracts that further define or add additional service elements
to the master contract.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
2.9
CONTRACT NO.: 12-5379
PAGE 5 OF 35
Campus Delivery Requirements:
2.9.1 Delivery of orders shall be made to University departments five days per week, Monday through Friday,
during normal University business hours.
2.9.2 The University of Wisconsin-Madison no longer permits access to trucks over 30 ft. in length on several
designated streets on this campus. The exceptions are trucks necessary for the delivery or pick up of
perishable commodities, private construction vehicles, vehicles carrying radioactive materials, and campus
service vehicles. For specific policy language, a campus map and restrictions, see the University
Transportation Services website at http://transportation.wisc.edu/resources/large_truck.aspx.
2.9.3 This contract requires that Contractor deliver goods to the stated delivery address in accordance with the 30’
truck policy referenced in Section 2.9.2 above. Any unique delivery arrangements must be pre-approved by
contacting the ordering department or Material Distribution Services (MDS) at (608) 497-4400. MDS
reserves the right to charge Contractor reasonable material handling fees for any deliveries they make for
the Contractor.
2.10
Parking:
University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own
arrangements for parking through UW Transportation Services at 610 N. Walnut Street, WARF Building Room
#120, Madison, WI 53726 (608) 263-6667. No additional Contractor costs will be allowed for parking fees or
violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed and/or
towed.
2.11
Smoke-Free Environment:
All University buildings are smoke-free buildings.
2.12
Promotional Materials/Endorsements:
Contractor agrees that they will not use any promotional or marketing material which states expressly or implies
that the University endorses either the Contractor or any party related to the Contractor or this Contract.
2.13
Supplier Diversity
2.13.1 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
2.13.2
CONTRACT NO.: 12-5379
PAGE 6 OF 35
Woman Owned Business (WBE)
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.
2.13.3
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
CONTRACT NO.: 12-5379
PAGE 7 OF 35
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 should 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.
Janet Bresnahan
UW Purchasing
21 N Park St, Suite 6101
Madison, WI 53715-1218
E-mail: [email protected]
PHONE 608/262-6335-- FAX 608/262-4467
If a Bidder fails to notify the Purchasing Office of an error in the RFB document which is known to the Bidder, or
which should have reasonably been known to the Bidder, then the Bidder shall submit a bid response at the
Bidder’s risk and if awarded a contract, shall not be entitled to additional compensation or delivery or installation
time by reason of the error or its later correction.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of
this RFB, amendments and revisions will be provided to all recipients of this initial RFB.
3.2
Applicable Dates:
Date
Event
October 27, 2011
Date of Issue of the RFB
November 2, 2011
Written questions due
November 9, 2011 -- 2:00 PM CST
RFB Due Date (Local Madison Time)
3.3
Contract Term:
The initial purchase for the Automated Microbiology Identification System will be made upon bid award, with
service contracts commencing upon expiration of the warranty. The term of the contract for the consumables shall
be for one year after date of award. This contract will be automatically renewed for two additional one-year terms,
unless Purchasing is notified, in writing, by the Contractor; or notifies the Contractor, in writing, 90 calendar days
prior to expiration of the initial and/or succeeding Contract term(s).
3.4
Conflict of Interest:
By submitting a bid, the bidder certifies that no relationship exists between the bidder and the University that
interferes with fair competition or is a Conflict of Interest, and no relationship exists between such bidder and
another person or firm that constitutes a Conflict of Interest. Further, bidder certifies that no employee of the
University whose duties relate to this request for bid assisted the bidder in preparing the bid in any way other than
in his or her official capacity and scope of employment.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 8 OF 35
3.5
Oral Presentations, Product Demonstrations and Site Visits (Pre Award)
The University, at its sole discretion, may require oral presentations, product demonstrations and/or vendor
location site visits to supplement the bids. Failure of a bidder to conduct these events on the date scheduled or
allow an on-site/vendor site visit may result in rejection of the bid. These events cannot be used as an opportunity
to alter bids submitted.
3.6
Proprietary Information:
Any information contained in the Bidder’s response that is proprietary must be detailed separately on form DOA3027. Marking of the entire response as proprietary will neither be accepted nor honored. The University
cannot guarantee that all such material noted remains confidential, particularly if it becomes a significant
consideration in contract award. Information will only be kept confidential to the extent allowed by State of
Wisconsin Public Disclosure Law (refer to Standard Terms and Conditions, Section 27.0). A copy of the form
needed to designate portions of your submission as proprietary can be found at:
http://vendornet.state.wi.us/vendornet/doaforms/doa-3027.doc
3.7
Reasonable Accommodations:
The University will provide reasonable accommodations, including the provision of informational material in an
alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations for
your site visit, contact Agent.
3.8
Method of Bid:
Bidder must submit a unit price(s) and extended net total(s) for each item and a total price by lot as designated.
Prices listed should be in US dollars unless otherwise indicated.
-ANDCustom charges/fees should not be included in the bid price. The University will be responsible for obtaining
custom charges/fees and will determine the customs broker to be used for entry into the United States. Failure to
eliminate these costs from your bid may result in disqualification of your bid. If these charges are identified in your
bid, they will be deducted from your total bid price for award consideration. Custom charges will not be paid under
any circumstances.
3.9
Method of Award:
Award(s) shall be made on the basis of the lowest net lot total(s), which is judged to be in the best interest of the
University. Bids that state the University shall guarantee 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 right is reserved, however, to make an award on the lowest net unit price per item for a line item award
whichever is judged to be in the best interest of the University.
3.9.1
GSA Pricing:
This bid may qualify for GSA Pricing. If you have a GSA contract covering any of the items specified,
enclose information on use of that contract including the contract number.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 9 OF 35
SECTION #4: BIDDER QUALIFICATIONS
To be eligible for a Contract award, you must be qualified and able to provide the following as required or your bid will be
disqualified (respond on "Bidder Response Sheet".)
4.1
Bidder Contact Information:
Bidder must designate a person(s) to provide information on: Contract Problems, Contract Renewal/ Cancellation,
Invoice Information, Ordering/Expediting, Returns, 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 the requested item/service and must have
done so for the past 2 years.
4.3
Authorization:
Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer with service
and repair capabilities for the item.
4.4
Client List/References:
Bidder should 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.
4.5
Fair Price Analysis:
Purchases made under this contract may require further fair price analysis if only one bidder responds. Bidders
should identify on the Bidder Response Sheet the type of documentation they will provide (i.e. published price list,
list of previous buyers, etc.) to allow the University to complete this analysis. The awarded Bidder will be required
to provide this documentation prior to the order being issued.
4.6
Minimum Order:
Bids that require any minimum order quantity or dollar amount may be disqualified.
4.7
Debarment
Federal Executive Order (E.O.) 12549 “Debarment“ requires that all contractors receiving individual awards, using federal
funds, and all subrecipients certify that the organization and its principals are not debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the
Federal Government. By signing this document you certify that your organization and its principals are not debarred.
Failure to comply or attempts to edit this language may disqualify your bid. Information on debarment is available at the
following websites: www.epls.gov and https://www.acquisition.gov/far/current/html/Subpart%209_4.html.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 10 OF 35
SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS
PRICE LISTS: All price lists should be submitted via paper copy and CD ROM, Excel, Word or PDF Format. Referencing
your website for pricing information is not sufficient.
5.1
Firm Prices and Discounts:
Pricing for this bid is in two categories. The first category is for specific items listed on Itemized Bid List. The
second category is for non-listed, related items from manufacturer's catalog or item list.
5.1.1
5.1.2
Specific Items Listed on Itemized Bid List:
5.1.1.1
For specific items listed on the Itemized Bid List, prices must remain firm for the initial contract
term. Prices established may be lowered due to general market conditions.
5.1.1.2
Price increase requests proposed after the initial Contract term must be received by
Purchasing in writing 30 calendar days prior to the beginning of the next contract term for
acceptance or rejection. Proposed price increases are limited to fully documented cost
increases submitted with the request. If Purchasing deems cost increases are not acceptable,
it reserves the right to rebid the contract in whole or part or to negotiate price increase
requests with the Contractor. Acceptance of the price increases shall be in the form of an
amendment to the contract publication.
5.1.1.3
Price increases must be labeled with the contract number and be submitted in the same
format as the original Itemized Bid List. Any price increase requested that is not submitted in
the proper format may be rejected.
Non-Listed, Related Items:
5.1.2.1
The University requests that all non-listed, related items available from the manufacturer be
made available at a single percentage discount from the manufacturer's catalog or price list
identified by the bidder on the Itemized Bid List.
5.1.2.2
Percentage discount(s) for non-listed, related items must remain firm during the initial and
each succeeding Contract term; or may be renegotiated by the University and the Contractor.
5.1.2.3
One (1) paper copy and two (2) 2 CD Rom copies of the price list in searchable Excel, Word or
PDF format of the manufacturer catalog or price list for the non-listed, related items should
accompany your bid response. After award, Contractor must also provide copies to
Purchasing and University departments upon request.
5.1.2.4
Should price lists change for non-listed, related items during the Contract term, it is the
responsibility of the Contractor to submit a letter, referencing the Contract number, and send
(1) paper copy and two (2) 2 CD Rom copies of the price list in searchable Excel, Word or
PDF format of the new price list or revised portions, to Purchasing, 30 days prior to any price
increase becoming effective. Invoices shall be audited using the most current price list on file
in Purchasing on the date order was placed. An acceptance of the price list change will be in
the form of an amendment to the Contract publication.
5.1.2.5
Price lists should be labeled with the contract number to which they apply.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
5.2
CONTRACT NO.: 12-5379
PAGE 11 OF 35
F.O.B. Destination Freight Prepaid and Absorbed by Bidder (Vendor bears all freight costs with ownership
changing at UW delivery location.)
5.2.1 New Equipment
Items are to be installed at the UW Madison School of Veterinary Medicine. Bid prices must include all
packing, freight, insurance, set-up, installation, instruction and operation manual charges. Items must be
set in place connected to utilities as applicable, installed in the 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 and operating and maintenance manuals must be furnished to University personnel
as identified.
5.2.2 Consumables
Delivery will be made by common carrier or Contractor’s truck, with unloading to be performed by the
carrier/contractor and carton(s) transported to the interior/ground floor or inside dock at the UW Madison
School of Veterinary Medicine. Bid prices must include all packing, freight, insurance charges and
installation/operation manuals.
If bidding other than F.O.B. Destination, as stated in 5.2.1 and 5.2.2 above, F.O.B. point and shipping and
installation charges must be identified on the Itemized Bid List, Attachment C. This cost will be added to the bid
total for determining the award.
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 5.11 below.
Delivered Duty Unpaid (DDU). Bidders must include costs from bidders door to port of destination and local
delivery charges. The University will be responsible for all United States duty fees, port of entry documentation
fees, custom clearance, tax, etc., if applicable.
Please indicate on the Bidder Response Sheet the Country of Origin and Shipping Point.
NOTE: As necessary, awarded Contractor must use the University's contracted customs broker, identified on
the purchase order.
Failure to bid as requested in 5.2.1 and 5.2.2 above may disqualify your bid.
5.3A
Timeliness of Delivery – Equipment:
Delivery of the equipment is desired on or before November 30, 2011. Please state if this requirement can be met.
If unable to deliver by the stated date, please indicate on the Bidder Response Sheet the earliest delivery date
possible. Timeliness of delivery may be used in evaluation for bid award.
5.3B
Timeliness of Delivery - Consumables:
Delivery of consumables is desired as soon as possible after receipt of an order. Please state on the Bidder
Response Sheet when delivery can be made. Timeliness of delivery may be used in evaluation for bid award.
The Contractor is required to notify the ordering department of any back order, discontinuation of item(s) or other
delays in shipping within 2 working days of receipt of order or release against existing order(s).
Once awarded, failure to meet this delivery date may result in cancellation of order (award). The University
reserves the right to contract with a second vendor/contractor to receive the items/services per delivery requests.
5.4
Item Return Policy:
Contractor should provide for return of items ordered in error for up to 30 calendar days from receipt with the
University paying only the return shipping costs. Bidder should indicate in detail on the Bidder Response Sheet
their company’s return policy.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
5.5
CONTRACT NO.: 12-5379
PAGE 12 OF 35
Additional Items/Services:
Similar items/services may be added to this Contract provided it was mutually agreeable to both Purchasing
Services and the Contractor. Scope of work and pricing (including discounts) must be consistent with the current
contract items/services.
Contractor should promptly notify Purchasing of new or discontinued items.
5.6
Acceptance and Testing:
Acceptance testing will occur within 30 days after the equipment has been installed. Acceptance testing will be
performed by the University and will consist of verification of the specifications and performance requirements.
If the equipment does not meet specification or performance requirements, the Contractor will have 30 days to
meet requirements. If after this time period the equipment still does not meet specifications or performance
requirements, the Contractor agrees to remove the equipment and return any payments that may have been
made.
The Department Manager or his/her designee, is the only authorized person who can sign an acceptance form.
The warranty period will begin following the successful acceptance testing.
5.7
Invoicing Requirements:
Invoices for Purchase Orders:
5.7.1
Contractor must agree that all invoices and purchasing card charges shall reflect the discounts and net
prices established for the items/services on this contract for all orders placed even though the contract
number and/or correct prices may not be referenced on each order or at time of purchasing card order.
The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt of
properly submitted invoices by University Accounts Payable. Before payment is made, Accounts Payable
must verify that all invoiced charges are correct per this Contract. Only properly submitted invoices will
be officially processed for payment. The Prompt Payment Policy requires that your invoices be clear and
complete and in conformity with the list below and must be itemized showing:








Contractor name
remit to address
purchase order number
release number if given
date of order/release
item manufacturer’s name or abbreviation (if applicable)
complete item description including catalog, model and/or stock number(s) identical to those stated in
bid
prices per the Contract
The original invoice must be sent to University Accounts Payable, 21 N Park St, Suite 5301, Madison, WI
53715-1218 unless the customer identifies and establishes a different bill-to location.
Purchasing Card:
Order confirmation shall contain the same detail as listed in Section 5.7.1 and should be sent to the address given
at the time of the order is placed.
5.8
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.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 13 OF 35
5.9
Shipments, Duplicates and Overshipments:
Upon notification by the University of a duplicated order or overshipment, the items identified must be removed at
the Contractor's expense. If the duplicated or overshipment items are not removed within 30 days of written
notification, the University reserves the right to dispose of them as its own property and shall not be held liable for
any cost for the items.
5.10
Training:
If requested, Contractor must provide personnel with instructions on set-up and operation of the items at no charge
to the customer. Training requirements will be negotiated with the Contractor if not specified in the bid
specifications.
5.11
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 contract award and provided on an annual basis throughout the
term of the Contract.
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 and automobile liability
policies.”
5.12
5.13
Performance Meetings
The Account Representative and/or Proposer Contract Administrator must be available to meet upon request with
the University's Contract Administrator to evaluate contract implementation and performance and to identify
continuous improvement. Frequency of these meetings may be modified by contract with both parties, or upon
demand by the University.
Subcontracting:
5.13.1 Any Contract resulting from this bid 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.
5.13.2
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 excess of the contract amount for Subcontractor’s failure to perform or inability to
complete required project milestones.
5.13.3
Subcontractors must abide by all terms and conditions under this Contract.
5.13.4
If Subcontractors are to be used, the Contractor must clearly explain their participation, deliverables, and
project milestones prior to commencing work.
5.14
Activity Reports:
Contractor should be able to report on a semi-annual basis all items/services purchased against this Contract.
5.15
Contract Termination:
This Contract may be terminated by either party for the following conditions:
5.15.1 After the initial term of the Contract, the University may terminate the Contract at any time, without cause,
by providing 30 days written notice to the Contractor. If the Contract is so terminated, the University is
liable only for payments for products provided or services performed, to the extent that any actual direct
costs have been incurred by the Contractor pursuant to fulfilling the contract. The University will be
obligated to pay such expenses up to the date of the termination.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 14 OF 35
5.15.2 Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the other
party in writing by mail of such failure and demand that the same be remedied within 30 calendar days.
Should the defaulting party fail to remedy the same within said period, the other party shall then have the
right to terminate this Contract immediately. Performance failure can be defined as but not limited to:
quality of product, late deliveries or failure to provide any of the Terms, Conditions, Specifications or
Special Conditions of Bid.
5.15.3 If at any time the Contractor performance threatens the health and/or safety of the University, its staff,
students or others who may be on campus, the University has the right to cancel and terminate the
Contract without notice.
5.15.4 Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for
Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided
in Standard Terms and Conditions, Section 22.0, the University has the right to cancel and terminate
the Contract without notice.
5.15.5 If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not
dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed and
such appointment is not vacated within 90 calendar days, the University has the right, in addition to
any other rights of whatsoever nature that it may have at law or in equity, to terminate this contract by
giving 10 calendar days notice in writing of such termination.
5.15.6 All notices of performance failure must be submitted in writing to Purchasing, 21 N Park St, Suite
6101, Madison, WI 53715-1218. Purchasing shall be final authority for all performance failure
determinations not resolved through the ordering department.
5.16
Record and Audit
The Contractor shall establish, maintain, report as needed, and submit upon request records of all transactions
conducted under the contract. All records must be kept in accordance with generally accepted accounting
procedures. All procedures must be in accordance with federal, State of Wisconsin and local ordinances.
The University shall have the right to audit, review, examine, copy, and transcribe any pertinent records or
documents held by the Contractor related to this contract. The Contractor shall retain all applicable documents for
a period of not less than five years after the final contract payment is made. The University reserves the right to
inspect any facilities used to support this Contract.
5.17
Executed Contract to Constitute Entire Contract
The University's Request for Bid the bid responses, written communications and this Contract constitute the entire
Contract between the parties. The hierarchy of documents in descending order for resolution is as follows:
A.
B.
C.
D.
Contract Award Letter
Original Request for Bid Number 12-5379, dated October 27 2011 including amendments/attachments
Bidder response to RFB
Official Purchase Order (when applicable)
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 15 OF 35
SECTION #6 SPECIFICATIONS
SPECIFICATIONS OF ITEM(S)/SERVICE(S) TO BE PROVIDED:
See Specifications (Section 6 and Attachment B) and/or Itemized Bid List (Attachment C) for the minimum acceptable
specifications for item(s)/service(s) desired. If you are bidding alternate item(s)/service(s), provide complete
specifications, documents and materials showing performance features and details for the item(s)/service(s) you propose
to furnish for the item(s)/service(s) being bid. For alternate item(s)/service(s) being bid, the Bidder must clearly identify by
manufacturer’s name, catalog and model number. See Standard Terms and Conditions, Sections 1.0, 2.0, 3.0 and 5.1.
UW Specifications may not be revised without an official written amendment issued by Purchasing.
6.1
The Bidder’s response must be clearly identified by manufacturer and catalog/model/stock number and/or
appropriate identification as requested on the Itemized Bid List. Adequate detailed specifications of the
item(s)/service(s) being offered or bid should be included with your bid to insure that the item(s)/service(s) being
bid can be compared to determine if the item(s)/service(s) meet all
6.2
Warranty:
6.2.1
Contractor must have a minimum of one year providing full item/service warranty on items and/or parts
purchased under this contract. Enclose standard warranty documents with your bid.
6.3
6.2.2
Contractor is requested to provide a copy of maintenance contracts and quote on maintenance available
after expiration of the warranty term. Please include terms, which components shall be covered and
annual cost on the Itemized Bid List or on attachments to the bid response as necessary.
6.2.3
Contractor must use only manufacturer trained personnel for this contract.
Maintenance and Repair (including warranty):
6.3.1
Contractor must perform all maintenance on site unless University grants permission to remove
equipment from site.
6.3.2
Service calls must be responded to within 4 hours of the initial call.
6.3.3
Contractor should have spare parts available to complete all maintenance or repair within 24 hours of the
initial call. The service representative shall leave with the ordering department a copy of a dated written
report indicating the service performed
6.3.4
If Contractor cannot complete all services within this time, the Contractor must provide a progress report
of the repair to the department and an estimated completion date and time. This report must be signed
by the University employee in charge of the machine.
6.3.5
Contractor shall provide unlimited call-back maintenance service during normal business hours.
6.4
Contractor must provide a minimum of 1 maintenance inspections per year. Contractor must coordinate and
schedule dates and times with the University contact person.
6.5
Bid must include labor and travel time for repair service during stated service hours. University service hours shall
be defined as 8 a.m. to 5 p.m., Monday through Friday, excluding holidays.
6.6
Purchasing shall have the option to contract with another vendor to repair or service machines if Contractor is
unable to repair equipment for any reason or make necessary repairs on a timely basis.
6.7
Trade-In:
The Itemized Bid List shows the exact model/serial number(s) of the trade-in. Arrangements should be made to
inspect the equipment with the contact person listed in Section 3.1. If trade-in option is awarded, Contractor will
remove trade-in equipment at the time of installation of new equipment at no extra charges to the University.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 16 OF 35
6.8
Demonstration Equipment:
Demonstrator product (not reconditioned, refurbished or remanufactured models) shall be acceptable for this bid if
full new product warranties are offered.
6.9
Employee Identification:
All Contractor’s employees, while working on University property, must wear a clearly displayed photo 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. Badges must be available but will not be required to be worn when
protective clothing and respiratory protection is required.
6.10
Environmentally Friendly (“Green”) Product:
Contractors are encouraged to identify products that are made of recycled products, that use environmentally
friendly production methods, or that can be recycled at the end of their service life. The UW will make every effort
to purchase “Green” products wherever feasible or possible based on individual project needs and funding
available.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 17 OF 35
ATTACHMENT A: BIDDER RESPONSE SHEET
NOTE: This form must be returned with your bid response. Numbers identified correspond to those Sections shown in
the SPECIAL CONDITIONS OF BID. Bidder may attach additional relevant information to their bid response; identify
sections to which information applies.
YES
NO
SUPPLIER DIVERSITY PARTICIPATION:
Bidder understands that if they are awarded the contract, they agree to provide upon request,
information related to their Supplier Diversity expenditures related to this contract?
==========================================================================================
Terms and Conditions
A contract will be awarded based on the criteria established in this bid. The Specifications, Special and Standard Terms
and Conditions, Attachments to the bid document, Bidder response and any UW Madison Purchase Order will become
the Contract between the University and the Contractor. Bidder must accept these Specifications, Special and Standard
Terms and Conditions or submit detailed and defined exceptions along with proposed alternative or additional language
for each exception.
Submitting a standard Bidder Contract as a complete substitute or alternative for the language in this solicitation will not
be accepted and may result in rejection of the vendor’s bid.
The University reserves the right to negotiate contractual terms and conditions or reject the Bidder’s response and
proceed to the next qualified bidder.
==========================================================================================
Do you have the capability of putting the University’s specific pricing on a WEB site that is
accessible to University Purchasers through a unique logon ID?
If yes, does your Website provide a means of on-line ordering with our specific
pricing being applied automatically?
If yes, does your Order System accept Purchasing Cards for payment?
If yes, does your Order System provide a self service means for the customer to track
their order via Internet?
1.1
Have you completed and returned all forms required?
1.2
Have you included two (2) complete sets of your bid?
(only one (1) copy required if e-mailing)
2.3
Do you agree to extending the contract to other:
University of Wisconsin System campuses?
State of Wisconsin Agencies?
Wisconsin Municipalities?
Other CIC member institutions?
Non-Profit Organizations specifically linked by their mission to the
University of Wisconsin Madison?
If YES, indicate whether other charges will be added and what those
charges would be: ___________________________________________________
2.7
What order method will you accept orders against this contract:
E-mail
Fax
Internet
Mail
Phone
Other: ______________________________________________
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 18 OF 35
YES
NO
3.9.1 If applicable, have you included a copy of the GSA contract information?
Contract #__________________
4.1
Bidder must designate a person(s) to provide information on: Contract Problems, Contract
Renewal/Cancellation, Invoice Information, Ordering/Expediting, Returns, Supplier Diversity Reporting,
Affirmative Action, Questions on this RFB and Sales Representative.
CONTACT NAME
PHONE NUMBER
FAX NUMBER
CONTACT NAME
PHONE NUMBER
FAX NUMBER
CONTACT NAME
PHONE NUMBER
FAX NUMBER
CONTACT NAME
PHONE NUMBER
FAX NUMBER
CONTACT NAME
PHONE NUMBER
FAX NUMBER
Contract Problems
Contract Renewal/Cancellation
Invoice Information
Ordering/Expediting
Returns
SUPPLIER DIVERSITY
REPORTING:
Address:
E-mail:
AFFIRMATIVE ACTION:
Address:
E-mail:
QUESTIONS ON THIS RFB:
Corporate Address:
E-mail:
SALES REPRESENTATIVE:
E-mail:
Website:
4.2
Are you in the business of providing the requested items/services and has your company
or its principals done so for the past 2 years?
4.3
Are you an original manufacturer, authorized distributor, or dealer authorized by
manufacturer with service and repair capabilities for the item?
4.4
Have you provided a client list?
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 19 OF 35
YES
4.5
What type of documentation (i.e. published price list, list of previous buyers, etc.) will you
provide to assist the University in its fair price analysis in the event there is only one bidder
responding to the bid?
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
4.6
Do you agree to no minimum order quantity or dollar amount?
4.7
Do you certify that neither your organization nor your principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency?
5.1.1.1
Firm Prices and Discounts
Specific Items: Do you agree to firm prices as stated?
5.1.1.2
Do you agree with process and timeframe identified for accepting price increases?
5.1.2.1
Non-listed, Related Items: Do you agree to firm discounts as stated?
5.1.2.3
Have you provided one (1) paper copy and two (2) 2 CD Rom copies of price lists
as required?
Will you provide additional copies to Purchasing and University departments upon request?
5.1.2.4
Do you agree with process and timeframe identified for accepting price increases?
5.2.1
New Equipment: Are you bidding all prices F.O.B. Destination Freight Prepaid Included
and Installed? (Vendor bears all cost of freight. Be sure to read Section 5.2 carefully)
Country of Origin ___________________________________________
Shipping Point ____________________________________________
5.2.2
Consumables: Are you bidding all prices FOB Destination, Freight Prepaid and Absorbed
Bidder? (Vendor bears all cost of freight. Be sure to read Section 5.2 carefully)
(Complete if different from above)
Country of Origin ___________________________________________
Shipping Point ____________________________________________
5.3
Can you meet delivery requirement for equipment?
Please state the earliest delivery time ____ days After Receipt of Order (ARO).
5.3
For consumables please state delivery time ____ days After Receipt of Order (ARO).
Will you notify ordering department of backorders, discontinuation or delays
as stated?
5.4
Do you agree with return policy? If not, state your return policy in detail.
NO
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 20 OF 35
YES
5.7
Will you agree that all invoices will reflect prices established for items on this Contract
for all orders placed even though the Contract number and/or correct prices may not be
referenced on each order?
Will you accept orders placed using a Purchasing Card?
If YES, orders placed using a Purchasing Card must reflect current contract pricing.
Any fees charged for use of the University’s Purchasing Card program are not allowed
according to Visa Purchasing card rules.
_________________________________________________________________________
_________________________________________________________________________
5.9
Do you agree to terms regarding duplicates and overshipments?
5.10
Will you provide instructions on set-up and operation as required?
5.11
Will you provide insurance certificate(s) indicating coverage and agree to maintain
coverage as required in 5.11 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 liability policies
on any insurance certificate provided”.
5.13
Do you agree to subcontracting terms and conditions?
5.14
Can you report on items purchased on this contract if requested?
6.2.1
Do you agree to minimum warranty as stated?
6.2.2
Have you included the maintenance information and a sample maintenance contract form?
6.2.3
Will you use only manufacturer-trained personnel for this contract?
6.3.1
Will you perform all maintenance or repair on site?
6.3.2
Will you respond to service calls within 4 hours of initial call?
6.3.3
Will you service the equipment within 24 hours to service all machines listed?
6.3.5
Will you provide unlimited call-back maintenance service during normal business hours?
6.4
Will you provide a minimum of 1 maintenance inspections per year?
6.5
Will you provide service during the hours of 8 a.m. to 5 p.m.
Monday through Friday, excluding holidays as normal business hours?
6.9
Will you agree to have all employees wear appropriate identification?
6.10
Have you identified products that are made of recycled products that use environmentally
friendly production methods, or that can be recycled at the end of their service life?
NO
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 21 OF 35
ATTACHMENT B: SPECIFICATIONS
SCOPE
The University of Wisconsin - Madison, School of Veterinary Medicine is purchasing an Automated Microbiology
Identification System. The equipment will be housed in the Clinical Pathology Laboratory (microbiology section) within the
Veterinary Medical Teaching Hospital.
The microbiology laboratory performs a wide range of microorganism cultures. The system will be used to identify genus
and species aerobic and anaerobic bacteria and yeast. In addition the system will be used to determine the antimicrobial
susceptibility of bacteria to a wide range of antimicrobials. The identification and the susceptibility information are used by
the clinician to treat the patient’s infection appropriately. It is replacing an existing system that will not be supported
beyond the end of 2011.
SPECIFICATIONS & INSTRUCTIONS FOR COMPLETING SPECIFICATION TABLE
The following specifications represent minimum acceptable requirement. Bidders must select either “yes” or “no” for each
specification below. For any “No” Response, the bidder must provide a detailed written explanation indicating how this
difference in specification would affect the performance of the product being bid. The University shall be the sole judge of
acceptability.
ITEM
1.
DESCRIPTION
Automated Microbiology Identification System
Instrument:
System capacity:
a) Must have capacity to process at least 30 tests.
b) Must have ability to purchase expansion upgrades for a minimum of 100
test capacity per PC.
c) Must be able to provide immediate access for loading additional tests as
on-board tests are completed.
2.
The System must provide automation for the following:
a) Test filling
b) Sealing of cards to prevent spills, contamination, and safety risks to
operators
c) Test incubation
d) Kinetic (15 minute intervals) and end-point reading, interpretation of
results
e) Ejection of completed tests to on-board storage, including detection of
full on-board storage capacity
f)
Unattended printing of test results
g) Barcode entry of tests and authentication of lot number, expiration date,
test type
h) Internal test tracking and traceability via internal barcode scanning of
tests, to assure positive identification throughout processing
i)
Calibration of on-board temperature and optical parameters
MEET
SPECIFICATIONS
YES
NO
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 22 OF 35
ATTACHMENT B: SPECIFICATIONS (Continued)
ITEM
3.
4.
DESCRIPTION
Automated Microbiology Identification System (Continued)
The System must provide for a battery back-up system and/or uninterrupted
power supply
System must provide remote service diagnostics capability via modem
5.
The System must have the ability to do separately ID (Identification) and AST
(Antimicrobial susceptibility Testing)
6.
System must be able load cards with a minimum sample of 1.8 ML.
7.
The system must be able to provide same day identification and antibiotic
susceptibility results.
Provide all cables and connectors necessary for a functioning system.
8.
9.
Software:
System must provide ability to supplement on-board library (database) of microorganisms, allowing laboratory to build and customize their database to identify
and track specific organisms of interest
10.
Software upgrades must be provided free of charge
11.
Must include comprehensive audit trail capability, including test type, lot number,
expiration information and results, time of preparation, username and other
records important for tracking test parameters.
12.
Must include on-board quality control program to track QC, errors and corrective
actions, to comply with generally accepted laboratory quality control standards.
13.
Software must have state-of-the-art security options including:
a) Unique usernames, security levels and password protection for all
operations
b) Ability to enable stringent 21CFR Part 11 capabilities at laboratory’s
discretion
14.
Must have ability to provide variety of standard views and reports, such as
biochemical patterns for tests, isolate audits, QC reports and other
laboratory reports
15.
Software must allow export of data to commercially available software for
additional data management, and LIS interface configuration utilities
MEET
SPECIFICATIONS
YES
NO
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 23 OF 35
ATTACHMENT B: SPECIFICATIONS (Continued)
ITEM
MEET
SPECIFICATIONS
YES
NO
DESCRIPTION
Automated Microbiology Identification System (Continued)
Disposable Tests:
16.
The System must provide a menu of commercially available tests that contain
at a minimum, the following tests, to micro-organism Genus, Species and
some sub-species identification levels
a) Gram-Negative identification test with results within a 10 hour timeframe,
including major enteric and non-enteric micro-organisms
b) Gram-Positive identification test with results within a 8 hour timeframe,
including major cocci and rod micro-organisms
c) Bacillus identification and related genera and species
d) Yeast identification with results in minimum of 18 hours, including major
yeast genera and species
e) Anaerobic identification of major anaerobic genera and species, with
endpoint results within 6 hours
f)
Neisseria Haemophilus species identification with endpoint results in 6
hours
g) Corynebactia identification with results in 8 hours
17.
18.
Gram Negative Susceptibility Tests to include capabilities substantially
equivalent to the following panels (subject to commercial availability of drugs),
or for newer or unique veterinary drugs, available within a reasonable
timeframe for implementation on the system:
Ampicillin
Iducible Clindamycin Resistance Test
Amipicillin/sullbactam
Kanamycin
Benzylpenicillin
Marbofloxacin
Cefazolin
Mupirocin
Cefoxitin screen
Nitrofuratoin
Chloramphenicol
Oxacillin
Clindamycin
Rifampicin
Cnrofloxacin
Tetracycline
Erythromycin
Trimethoprin/Sulfamethoxazole
Gentamicin
Vancomycin
Gentamicin HL
Imipenem
Gram-Positive Susceptibility Tests to include capabilities equivalent to the
following panels (subject to commercial availability of drugs) or for newer or
unique veterinary drugs, available within a reasonable timeframe for
implementation on the system:
AST-Gram Negative
Amikacin
Amoxicillin/Clavulanic acid
Ampicillin
Cefalexin
Ceftiofur
Cefuroxime
Cefpodoxime
Chloramphenicol
Enrofloxacin
Gentamicin
Imipenem
Marbofloxacin
Nitrofurantoin
Piperacillin
Rifampicin
Tetracycline
Tobramycin
Trimethoprin/Sulfamethoxazole
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 24 OF 35
ATTACHMENT B: SPECIFICATIONS (Continued)
ITEM
DESCRIPTION
Automated Microbiology Identification System (Continued)
Other specifications:
19.
20.
21.
22.
Vendor will provide for a warranty of at least one year after unit is accepted
into service by the University.
Pricing must also include complete installation of equipment by vendor.
User/operator training must be provided by vendor training facility. Provide
information regarding the proposed training, what is covered, where it will be
held. All costs associated with training must be included in Attachment C, Lot 1.
A minimum of one hard copy of the operation/user manual must be provided
with the system. Electronic copies must also be available.
MEET
SPECIFICATIONS
YES
NO
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 25 OF 35
ATTACHMENT C: ITEMIZED BID LIST
For bids to be considered pricing must be submitted on this attachment. Supplemental quotes may be submitted in
addition to completion of this attachment. Terms and Conditions attached to quotes submitted will not become part of any
contract between the parties.
Bidders are required to provide the total cost of equipment needed to fulfill the bid requirements/specifications and make
the system fully functional. No additional charges will be allowed.
LOT 1 – EQUIPMENT PURCHASE
ITEM
QTY
DESCRIPTION
1.
1 ea
EQUIPMENT
Automated Microbiology Identification System
Model/Catalog No.
Warranty:
Delivery:
LIST PRICE
TOTAL NET
PRICE
$____________
$____________
/ARO
2.
1 lot
INSTALLATION
$____________
$____________
3.
1 lot
TRAINING
$____________
$____________
LOT 1 EXTENDED NET TOTAL (Items 1 through 3)
$____________
Note: Pricing for items 1-3 should remain firm for 90 days proposal due date.
LOT 2 – SERVICE AGREEMENT
ITEM
QTY
DESCRIPTION
LIST PRICE
TOTAL NET
PRICE
4.
1 Year
Service Contract - First year after expiration of warranty
$____________
$____________
5.
1 year
Service Contract - Second year after expiration of warranty
$____________
$____________
6.
1 Year
Service Contract – Third year after expiration of warranty
LOT 2 EXTENDED NET TOTAL (Items 4 through 6)
$____________
Pricing for items 4-6 should be quoted as firm annual costs to be purchased at the beginning of each annual term. Items
4-6 assume maintenance for the first year is covered under the equipment warranty.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 26 OF 35
ATTACHMENT C: ITEMIZED BID LIST (Continued)
LOT 3 – EQUIPMENT TRADE-IN
ITEM
QTY
7.
1 lot
DESCRIPTION
TRADE-IN
ALLOWANCE
TRADE-IN ALLOWANCE for existing Vitek-32 Datatrac/BC/Expert
$____________
LOT 3 TOTAL
$____________
System Components
List all the components of the complete system being proposed. (Attach additional rows or sheets as needed)
ITEM #
CATALOG #
DESCRIPTION
Specify all utility requirements for installation and operation of system, e.g. electrical, physical, etc.
_____________________________________________________________________________
What is the recommended useful life of the equipment being bid? __________ years.
ITEMIZED BID LIST CONTINUES ON THE NEXT PAGE
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 27 OF 35
ATTACHMENT C: ITEMIZED BID LIST (Continued)
Please quote for the following disposable tests/consumables products. The quantities below represent the
estimated annual card usage. The University does not guarantee to purchase any specific quantity or dollar
amount.
LOT 4 - DISPOSABLE TESTS/CONSUMABLES
ITEM
QTY
8.
600
9.
100
10.
50
11.
100
12.
13.
14.
DESCRIPTION
UNIT LIST
PRICE
UNIT NET
PRICE
EXTENDED
NET PRICE
$___________
$___________
$____________
$___________
$___________
$____________
$___________
$___________
$____________
Identification Cards: Anaerobe ID
$___________
$___________
$____________
200
Susceptibility Cards: Gram Negative - Card 1
(see next page for description)
$___________
$___________
$____________
200
Susceptibility Cards: Gram Negative - Card 2
(see next page for description)
$___________
$___________
$____________
200
Susceptibility Cards: Gram Positive
(see next page for description)
$___________
$___________
$____________
Identification Cards: Gram Negative ID
Identification Cards: Bacillus ID
Identification Cards: Yeast ID
LOT 3 EXTENDED NET TOTAL (Items 8 through 14)
$____________
Refer to Section 5.1 regarding firm pricing and information on price adjustments during the contract term.
All non-listed, related items from manufacturer's catalog or product list are available at ____% discount. The current
manufacturer’s catalog/price list is titled ______________________ and is dated _______ and/or numbered
____________. Provide copies of price lists as requested in 5.1.2.3.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 28 OF 35
ATTACHMENT C: ITEMIZED BID LIST (Continued)
SUSCEPTIBILITY CARD DESCRIPTION.
Card Type:
Antibiotics:
Gram Negative Susceptibility
Card 1
Gram Negative Susceptibility Card 2
Gram Positive Susceptibility
Amoxicillin/Clavulanic Acid
Amikacin
Aztreonam
Ampicillin
Cefalotin
Ampicillin/Sulbactam
Cefotaxime
Cefazolin
Cefotetan
Cefepime
Cefpodoxime
Cefoxitin
Ceftizoxime
Ceftazidime
Cefuroxime
Ceftriaxone
Doripenem
Ciprofloxacin
Meropenem
Ertapenem
Moxifloxacin
ESBL
Nalidixic Acid
Gentamicin
Norfloxacin
Imipenem
Piperacillin
Levofloxacin
Tetracycline
Nitrofurantoin
Ticarcillin
Piperacillin/Tazobactam
Ticarcillin/Clavulanic Acid
Tobramycin
Tigecycline
Trimethoprim/Sulfamethoxazole
Ampicillin
Benzylpenicillin
Cefoxitin Screen
Ciprofloxacin
Clindamycin
Erythromycin
Gentamicin
Gentamicin High-level Synergy
Inducible Clindamycin Resistance
Levofloxacin
Linezolid
Moxifloxacin
Nitrofurantoin
Oxacillin
Quinupristin / Dalfopristin
Rifampicin
Streptomycin High-level Synergy
Tetracycline
Tigecycline
Trimethoprim / Sulfamethoxazole
Vancomycin
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 29 OF 35
ATTACHMENT D - CLIENT REFERENCE LIST
Bidder Name:____________________________________________________________________________________
The Bidder must provide a minimum of three (3) business references.
1.
Reference Name: _____________________________________________ Contact: ___________________________
Address: _____________________________________________________________________________________________
Phone #: (
) ____________________
E-mail
address_______________________________________________________
Fax/Internet address:____________________________________________________________________________________
Description and date(s) of commodities and services provided: __________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
2.
Reference Name: _____________________________________________ Contact: ___________________________
Address: _____________________________________________________________________________________________
Phone #: (
) ____________________
E-mail
address_______________________________________________________
Fax/Internet address:____________________________________________________________________________________
Description and date(s) of commodities and services provided: __________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
3.
Reference Name: _____________________________________________ Contact: ___________________________
Address: _____________________________________________________________________________________________
Phone #: (
) ____________________
E-mail
address_______________________________________________________
Fax/Internet address:____________________________________________________________________________________
Description and date(s) of commodities and services provided: __________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
References may be contacted to confirm the Bidder’s abilities and qualifications as stated in the Bidder’s
response. The University may perform due diligence by contacting any applicable business reference, including
references from within the UW System. The University reserves the right to disqualify any Bidder whose
references don’t support their stated claim of qualifications in their response.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 30 OF 35
ATTACHMENT E: BIDDER INFORMATION SHEET
VENDOR NOTE: THIS SECTION MUST BE COMPLETED AND THIS FORM RETURNED WITH YOUR BID
RESPONSE
1. In accordance with Wisconsin Statutes 560.035, 560.0335 and 560.036, please indicate below if you are a
Wisconsin certified Minority Business Enterprise (MBE), Work Center (WC), Disabled Veteran-Owned
Business (DVB) or Woman-owned Business Enterprise (WBE) (see websites:
http://www.commerce.state.wi.us/bd/BD-MinorityandWomen.html or
http://stateuseprogram.wi.gov/section.asp?linkid=1424&locid=65).
____ Minority (MBE)
____ Work Center (WC)
____Disabled Veteran-Owned Business (DVB)
____ Woman Owned Business Enterprise (WBE)
___ Not applicable
(If no answer is indicated above, we will assume that you are none of the above when making the award.)
2. Pursuant to Public Law 95-507, indicate which of the following classifications apply to your organization.
All vendors are considered Large Business unless otherwise indicated (see website: www.sba.gov/).
(Check √ all that apply.)
____________ LARGE BUSINESS (LG)
____________ SMALL BUSINESS (SB)
____________ VETERAN OWNED SMALL BUSINESS (VOSB)
____________ SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB)
____________ HISTORICALLY UNDER UTILIZED BUSINESS ZONE (HUBZONE)
____________ SMALL DISADVANTAGED BUSINESS (SDB)
____________ WOMAN-OWNED SMALL BUSINESS (WOSB)
3. AMERICAN MADE: Wisconsin Statutes S. 16.754, directs the state to purchase materials which are
manufactured to the greatest extent in the United States when all other factors are substantially equal.
“Substantially equal” means when bids are tied or proposal scores are equal. Indicate whether the
material covered in your bid/proposal were manufactured in whole or in substantial part within the United
States, or the majority of the component parts thereof were manufactured in whole or in substantial part in
the United States.
____________ YES
____________ NO
____________ UNKNOWN
4. RECYCLED PRODUCTS/PACKAGING/DISPOSAL TECHNIQUES: The University is committed to
promote environmentally sound procurement, usage and disposal methods which are in compliance with
State of Wisconsin County, and Municipal regulations. Currently the University has a recycling program for
starch and Styrofoam packing peanuts. The University’s preference is to receive starch peanuts whenever
possible. The Contractor shall not use INSTAPAK (or similar) or mix starch and Styrofoam peanuts
under any circumstances. Each product shall be separately pre-packed in accordance with commercially
accepted methods. Small products may be packaged in protective envelopes (Mail-Lite or Bubble-Jet
packs).
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 31 OF 35
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.
reserves the right to increase or decrease quantities to meet actual needs.
The University
5.0 PRICING AND DISCOUNT: The University qualifies for governmental discounts and its educational
institutions also qualify for educational discounts. Unit prices shall reflect these discounts.
5.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz.,
ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price
shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract
administration.
5.2 Prices established in continuing agreements and term contracts may be lowered due to general market
conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of
award. Any increase proposed shall be submitted to the University thirty (30) calendar days before the
proposed effective date of the price increase, and shall be limited to fully documented cost increases to
the Contractor which are demonstrated to be industry-wide. The conditions under which price increases
may be granted shall be expressed in bid/proposal documents and contracts or agreements.
5.3 In determination of award, discounts for early payment will only be considered when all other conditions
are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are
deemed favorable. All payment terms must allow the option of net thirty (30).
6.0 UNFAIR SALES ACT: Prices quoted to the University are not governed by the Wisconsin Unfair Sales Act.
7.0 ACCEPTANCE-REJECTION: The University reserves the right to accept or reject any or all bids/proposals,
to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed
to be in the best interest of the State of Wisconsin.
8.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the Contractor by
University. No other purchase orders are authorized.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
CONTRACT NO.: 12-5379
PAGE 32 OF 35
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
CONTRACT NO.: 12-5379
PAGE 33 OF 35
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
CONTRACT NO.: 12-5379
PAGE 34 OF 35
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
CONTRACT NO.: 12-5379
PAGE 35 OF 35
28.0 DISCLOSURE: If a state public official (s. 19.42, Wisconsin Statutes), a member of a state public official's
immediate family, or any organization in which a state public official or a member of the official's immediate
family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement
involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this
contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats.,
before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 E. Mifflin
Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123). State classified and former
employes and certain University faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis.
Stats.
29.0 ANTI-KICKBACK ACT of 1986: (41 USC 51 et. seq): To the extent required by law, the officer or employe
responsible for submitting this bid shall certify, in accordance with 48 CFR 52.203-7, to the best of their
knowledge, that they have no information concerning the violation of the Anti- Kickback Act in connection
with the submitted bid/proposal. Signing the bid/proposal with a false statement shall void the submitted
bid/proposal and any resulting contract(s).
30.0 RECYCLED MATERIALS: The University is required to purchase products incorporating recycled materials
whenever technically or economically feasible. Bidders/proposers are encouraged to bid/propose products
with recycled content which meet specifications.
31.0 HOLD HARMLESS: The Contractor will indemnify and save harmless the State of Wisconsin and all of its
officers, agents and employees from all suits, actions, or claims of any character brought for or on account of
any injuries or damages received by any persons or property resulting from the operations of the Contractor,
or of any of its Contractors, in prosecuting work under this agreement.
32.0 PROMOTIONAL ADVERTISING/NEWS RELEASES: Reference to or use of the State of Wisconsin, any of
its departments, agencies (University) or other subunits, or any state official or employee for commercial
promotion is prohibited. News releases pertaining to this procurement shall not be made without prior
approval of the University. Release of broadcast e-mails pertaining to this procurement shall not be made
without prior written authorization of the contracting agency.
33.0 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wisconsin Statutes, and must
ensure that when engaged in the production of materials, supplies or equipment or the performance of
contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed
by severely handicapped individuals.
34.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation)
which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis.
Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin
Department of Financial Institutions, unless the corporation is transacting business in interstate commerce or
is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation
which desires to apply for a certificate of authority should contact the Department of Financial Institutions,
Division of Corporation, P.O. Box 7846, Madison, WI 53707-7846; telephone (608) 261-7577.
35.0 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this
Agreement in accordance with reasonable control and without fault or negligence on their part. Such causes
may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its
sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes
and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable
control and without the fault or negligence of the party.
36.0 WORK CENTER PROGRAM: The successful bidder/proposer shall agree to implement processes that allow
the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to purchase
goods and services produced by work centers certified under the State Use Law, s.16.752, Wis. Stat. This
shall result in requiring the successful bidder/proposer to include products provided by work centers in its
catalog for State agencies and campuses or to block the sale of comparable items to State agencies and
campuses.
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