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: 184.108.40.206 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. 220.127.116.11 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. 18.104.22.168 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: 22.214.171.124 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. 126.96.36.199 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. 188.8.131.52 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. 184.108.40.206 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. 220.127.116.11 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? 18.104.22.168 Firm Prices and Discounts Specific Items: Do you agree to firm prices as stated? 22.214.171.124 Do you agree with process and timeframe identified for accepting price increases? 126.96.36.199 Non-listed, Related Items: Do you agree to firm discounts as stated? 188.8.131.52 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? 184.108.40.206 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 220.127.116.11. 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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