University of Wisconsin - Madison REQUEST FOR BID

University of Wisconsin - Madison REQUEST FOR BID
University of Wisconsin - Madison
REQUEST FOR BID
THIS IS NOT AN ORDER
AGENT: Susanne Matschull
Questions regarding this bid – see Section 3.1
For Submittal of Bid Instructions – see Section #1.
OFFICIAL SEALED
BID NUMBER:
12-0044
ISSUE DATE:
12/09/11
DUE DATE:
12/20/11
If NO BID (check here)
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.
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
INTRAOPERATIVE FLUORESCENCE IMAGING SYSTEM
In signing this bid, we have read and fully understand and agree to all terms, conditions and specifications and acknowledge
that the UW-Madison Purchasing Services bid document on file shall be controlling. We certify that we have not, either
directly or indirectly, entered into any contract or participated in any collusion or otherwise taken any action in restraint of
free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this
bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid
has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the stated statement is
accurate under penalty of perjury. I certify that the information I have provided in this bid is true and I understand that any
false, misleading or missing information may disqualify the bid.
COMPANY NAME:
COMPANY STREET ADDRESS:
COMPANY CITY, STATE & ZIP:
SIGNATURE:
DATE :
TYPE OR PRINT NAME:
TITLE:
TELEPHONE NUMBER: (
EMAIL ADDRESS:
FEIN NUMBER:
DUNS #:
)
FAX NUMBER:
(
)
UNIVERSITY OF WISCONSIN
BID NO.: 12-0044
TABLE OF CONTENTS
SECTION #1: SUBMITTAL INSTRUCTIONS
PAGE
1-2
SECTION #2: GENERAL INFORMATION
2.1 Purpose
2.2 Definitions
2.3 Affirmative Action
2.4 Wisconsin Sales and Use Tax Registration
2.5 VendorNet
2.6 Electronic Commerce/Online Ordering
2.7 Campus Delivery Requirements
2.8 Parking
2.9 Smoke-Free Environment
2.10 Promotional Materials/Endorsements
2.11 Supplier Diversity
3-5
SECTION #3: RFB PROCESS INSTRUCTIONS
3.1 Clarifications and/or Revisions through Designated Contact
3.2 Applicable Dates
3.3 Conflict of Interest
3.4 Oral Presentations, Product Demonstrations and Site Visits (Pre Award)
3.5 Proprietary Information
3.6 Reasonable Accommodations
3.7 Method of Bid
3.8 Method of Award
6-7
SECTION #4: BIDDER QUALIFICATIONS
4.1 Bidder Contact Information
4.2 Authorization
4.3 Client List/References
4.4 Fair Price Analysis
4.5 Debarment
8
SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS
5.1 F.O.B. Destination Freight Prepaid Included and Installed –AND5.1 On Site Service
5.2 Timeliness of Delivery
5.3 Payment Terms
5.4 Shipments, Duplicates and Overshipments
5.5 Insurance
5.6 Subcontracting
5.7 Record and Audit
5.8 Executed Contract to Constitute Entire Contract
9-10
SECTION #6: SPECIFICATIONS
6.2 Warranty
6.3 Maintenance and Repair
6.4 Employee Identification
6.5 Environmentally Friendly (“Green”) Product
11
ATTACHMENT A BIDDER RESPONSE SHEET
ATTACHMENT B SPECIFICATIONS
ATTACHMENT C ITEMIZED BID LIST
ATTACHMENT D CLIENT REFERENCE LIST
ATTACHMENT E BIDDER INFORMATION SHEET
ATTACHMENT F STANDARD TERMS AND CONDITIONS
ATTACHMENT G APPLICABLE FEDERAL RULES
12-14
15
16
17
18
19-23
24-26
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 12-0044
PAGE 1 OF 26
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.
FAX TO:
[FAX: (608) 262-4467 (AVAILABLE 24 HOURS A DAY)]
For your faxed bid to be considered valid by UW-Madison Purchasing Services:
1. A complete copy of the entire transmitted response must be received and date/time stamped at Purchasing Services
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: 12-0044
DUE DATE: 12/20/11
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.
6.
1.2
BID NO.: 12-0044
PAGE 2 OF 26
Request for Bid Form (signed)
Bidder Response Sheet (including attachments as requested on Bidder Response Sheet) (Attachment A)
Specifications, descriptive brochure and detail for the item(s) bid (Section 6) (Attachment B)
Itemized Bid List (Attachment C)
Client Reference List (Attachment D)
Bidder Information Sheet (Attachment E)
PLEASE SEND TWO (2) COMPLETE SETS OF YOUR BID (If faxing or e-mailing your bid, one copy is
sufficient – do not submit twice).
RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 12-0044
PAGE 3 OF 26
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 School of Pharmacy, hereinafter referred to
as "the Department," requests bids for the purchase of an Intraoperative fluorescence imaging system that will
allow tests on optical imaging of cancer by nanoparticles and tests of image-guided surgery in rodent models of
ovarian cancer.
Scope:
See Specifications (Section 6 and Attachment B) and/or Itemized Bid List (Attachment C) for the minimum
acceptable specifications for items/services desired. The estimated item quantities identified on the Itemized Bid
List are for bid purposes only. The University does not guarantee to purchase any specific quantity or dollar
amount.
2.2
Definitions:
The following definitions are used throughout the Special Conditions of Bid:
Agent means UW Madison Purchasing Agent responsible for this Request for Bid. Full contact information can
be found in Section 3.1.
Bidder means a firm submitting a bid in response to this Request for Bid.
Contractor means successful Bidder awarded the bid.
Department means UW-Madison School of Pharmacy.
MBE means Minority Business Enterprise.
DVB means Disabled Veteran-Owned Business.
RFB means Request for Bid.
State means State of Wisconsin.
University and UW both mean University of Wisconsin-Madison.
WBE means Woman-Owned Business Enterprise.
2.3
Affirmative Action:
As a State agency, the University requires contractors issued any purchase order exceeding $25,000.00 to provide
an Affirmative Action Plan. Failure to comply appropriately with these requirements may lead to your company
being banned from doing business with any agency of the State of Wisconsin. Additionally, failure to comply
with this requirement may result in termination of this contract and withholding of payment. On the Bidder
Response Sheet please provide the requested information.
For additional information see Section 17.0 of the Standard Terms and Conditions
(http://www.bussvc.wisc.edu/purch/stdterms1.html). Some exceptions may apply. FAQ info is available at:
http://www.bussvc.wisc.edu/purch/VendorInfo/AffAction/AffirActionInfo.html. Instructions for completing a plan are
available upon request.
2.4
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
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
2.5
BID NO.: 12-0044
PAGE 4 OF 26
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.
2.6
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 UW-Madison 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.
2.7
Campus Delivery Requirements:
2.7.1 Delivery of orders shall be made to University departments five days per week, Monday through Friday,
during normal University business hours.
2.7.2 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.
2.7.3 This contract requires that Contractor deliver goods to the stated delivery address in accordance with the 30’
truck policy referenced in Section 2.7.2 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.
2.8
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.
2.9
Smoke-Free Environment:
All University buildings are smoke-free buildings.
2.10
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.
2.11
Energy Star:
The State encourages the use of equipment which meets the Environmental Protection Agency (EPA) Energy
Star™ requirements. The Energy Star Program is a voluntary contract between an Original Equipment
Manufacturer (OEM) and the EPA. It is not mandatory that every device offered under this bid meet Energy Star
requirements but the bulk of the product line should be energy efficient. Bidder should identify those items which
meet the Energy Star requirements on the Bidder Response Sheet.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
2.12
BID NO.: 12-0044
PAGE 5 OF 26
Supplier Diversity
2.12.1 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
2.12.2
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.
2.12.3
Disabled Veteran Owned Business (DVB)
The State of Wisconsin policy provides that Disabled Veteran-Owned businesses certified by the
Wisconsin Department of Commerce should have the maximum opportunity to participate in the
performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this
policy by awarding subcontracts to Disabled Veteran-Owned businesses or by using such enterprises to
provide goods and services incidental to this agreement.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 12-0044
PAGE 6 OF 26
SECTION #3: RFB PROCESS INSTRUCTIONS
3.1
Clarifications and/or Revisions through Designated Contact:
All communications and/or questions in regard to this request must be in writing and must reference the bid
number. Bidders are encouraged to FAX or e-mail written questions to the Agent. Verbal questions, when
permitted, must be directed to the Agent.
If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this
RFB, they have five (5) business days after the bid issue date and time to notify, in writing, the Agent at the
address shown below of such error and request modification or clarification of the RFB document. All written
questions will be responded to in writing and provided to all bidders.
Susanne Matschull
UW Purchasing
21 N Park St, Suite 6101
Madison, WI 53715-1218
E-mail: [email protected]
PHONE 608/262-3198 -- 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
December 9, 2011
Date of Issue of the RFB
December 14, 2011
Written questions due
December 20, 2011 -- 2:00 PM CST
RFB Due Date (Local Madison Time)
3.3
Conflict of Interest:
By submitting a bid, the bidder certifies that no relationship exists between the bidder and the University that
interferes with fair competition or is a Conflict of Interest, and no relationship exists between such bidder and
another person or firm that constitutes a Conflict of Interest. 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.
3.4
Oral Presentations, Product Demonstrations and Site Visits (Pre Award)
The University, at its sole discretion, may require oral presentations, product demonstrations and/or vendor
location site visits to supplement the bids. Failure of a bidder to conduct a presentation on the date scheduled or
allow an on-site/vendor site visit may result in rejection of the bid. Oral presentations cannot be used as an
opportunity to alter bids submitted.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 12-0044
PAGE 7 OF 26
3.5
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
3.6
Reasonable Accommodations:
The University will provide reasonable accommodations, including the provision of informational material in an
alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations for
your site visit, contact Agent.
3.7
Method of Bid:
Bidder must submit a net unit price and an extended net total for the item specified. 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.
3.8
Method of Award:
Award(s) shall be made on the basis of the lowest extended net total which is judged to be in the best interest of
the University. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be
disqualified.
Supplier Diversity Preferences
State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE), or Disabled
Veteran-Owned Business (DVB) firms submitting the lowest qualified bid when that qualified bid is not more than
5% higher than the apparent low bid or the proposal is no more than 5% lower than the apparent high point score.
Authority for this program is found in ss. 16.75(3m)(b)2,3, 16.75(3m)(c)(4) and 560.0335(1)(b)(3), 15.107(2),
16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes.
The University will obtain an estimate from the University’s contracted customs broker for duty fees, port of entry
documentation fees, customs clearance charge, tax, etc. and add these additional costs to all applicable bids and
used in the evaluation for award.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 12-0044
PAGE 8 OF 26
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: Supplier Diversity, Affirmative Action and Sales
Representative. (See Attachment A – Bidder Response Sheet)
4.2
Authorization:
Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer with service
and repair capabilities for the item. (On Bidder Response Sheet identify account number with manufacturer, as
applicable.)
4.3
Client List/References:
Bidder must supply with their bid a client list of three (3) firms to which similar items/services have been provided
during the past three (3) years to a comparable sized institution or company (see Attachment D). If contacted,
information received from those clients will be used to determine whether bidder can reasonably meet contract
requirements and specifications. Client references may be used in the award consideration.
4.4
Fair Price Analysis:
Purchases made under this contract may require further fair price analysis if only one bidder responds. Bidders
must identify on the Bidder Response Sheet the type of documentation they will provide (i.e. published price list,
copies of previous invoices, 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.
4.5
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
BID NO.: 12-0044
PAGE 9 OF 26
SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS
5.1
F.O.B. Destination Freight Prepaid Included and Installed:
Items are to be installed at the School of Pharmacy at 777 Highland Ave, Madison, WI 53705, F.O.B.
DESTINATION FREIGHT PREPAID INCLUDED AND INSTALLED. Bid prices must include all packing, freight,
insurance, set-up, 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.
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 FOB Destination Freight Prepaid Included and Installed in price may disqualify your bid.
-AND5.1
On Site Service:
In carrying out the scope of this Contract, the Contractor shall be required to perform services on University
property. Bidders cost must include all transportation charges.
5.2
Timeliness of Delivery:
Delivery 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.
5.3
Payment Terms
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.
The University will pay the Contractor Net 30 days and as accepted by the University.
5.4
Shipments, Duplicates and Overshipments:
Upon notification by the University of a duplicated order or overshipment, the items identified must be removed at
the Contractor's expense. If the duplicated or overshipment items are not removed within 30 days of written
notification, the University reserves the right to dispose of them as its own property and shall not be held liable for
any cost for the items.
5.5
Insurance:
The Contractor shall maintain insurance levels as required in Standard Terms and Conditions, Section 22.0. A
certificate of insurance must be provided upon award.
The Contractor shall add: “The Board of Regents of the University of Wisconsin System, its officers,
employees and agents as an ‘additional insured’ under the commercial general, automobile and Contractor’s
liability policies.”
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
5.6
BID NO.: 12-0044
PAGE 10 OF 26
Subcontracting:
5.6.1
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.
5.6.2
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.
5.6.3
Subcontractors must abide by all terms and conditions under this Contract.
5.6.4
If Subcontractors are to be used, the Contractor must clearly explain their participation, deliverables, and
project milestones prior to commencing work.
5.7
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.
5.8
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.
5.9
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 12-0044, dated December 9, 2011 including amendments/attachments
Bidder response to RFB
Official Purchase Order (when applicable)
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 12-0044
PAGE 11 OF 26
SECTION #6 SPECIFICATIONS
SPECIFICATIONS OF ITEM(S)/SERVICE(S) TO BE PROVIDED: (see Attachment B)
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.
Failure to provide product specifications and information for item(s)/service(s) bid may disqualify your bid. The University
will be the sole judge of equivalent acceptability between Bidders responses.
UW Specifications may not be revised without an official written amendment issued by Purchasing.
6.1
Specific manufacturer(s) and/or catalog/model/stock numbers are provided to establish the design, type of
construction, quality, functional capability and performance level desired. The bidder may offer alternate
item(s)/service(s) believed to be an equal. Any alternate item(s)/service(s) bid must be clearly identified by
manufacturer, catalog, model or stock number. Adequate detailed specifications (including brochures, operating
manuals, maintenance manuals or other written materials) of any alternate item(s)/service(s) offered must be
included with your bid to establish equivalency.
6.2
Warranty:
Contractor must honor, at a minimum, the manufacturer's standard warranty on items and/or parts purchased
under this contract. Bidder must indicate warranty term on Bidder Response Sheet and enclose standard warranty
documents with your bid.
6.3
Maintenance and Repair:
6.3.1
Contractor must perform all maintenance on site unless University grants permission to remove
equipment from site.
6.3.2
Contractor must complete all maintenance or repair services within one week of the initial call. If
Contractor cannot complete all services within this time, the Contractor must provide a progress report of
the repair to the department. The service representative shall leave with the ordering department a copy
of a dated written report indicating the service performed. This report must be signed by the University
employee in charge of the machine.
6.3.3
Contractor shall provide unlimited call-back maintenance service during normal business hours.
6.4
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.
6.5
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
BID NO.: 12-0044
PAGE 12 OF 26
ATTACHMENT A: BIDDER RESPONSE SHEET
NOTE: This form must be returned with your bid response. Numbers identified correspond to those Sections shown in
the SPECIAL CONDITIONS OF BID. Bidder may attach additional relevant information to their bid response; identify
sections to which information applies.
==========================================================================================
Terms and Conditions
A contract will be awarded based on the criteria established in this bid. The Specifications, Special and Standard Terms
and Conditions, Attachments to the bid document, Bidder response and any UW Madison Purchase Order will become
the Contract between the University and the Contractor. Bidder must accept these Specifications, Special and Standard
Terms and Conditions or submit detailed and defined exceptions along with proposed alternative or additional language
for each exception.
Submitting a standard Bidder Contract as a complete substitute or alternative for the language in this solicitation will not
be accepted and may result in rejection of the vendor’s bid.
The University reserves the right to negotiate contractual terms and conditions or reject the Bidder’s response and
proceed to the next qualified bidder.
==========================================================================================
YES
NO
1.1
Have you completed and returned all forms required?
1.2
Have you included two (2) complete sets of your bid?
(only one (1) copy required if faxing or e-mailing)
2.11
Which of your items meet the Energy Star requirements?
_______________________________________________________
_______________________________________________________
4.1
Bidder must designate a person(s) to provide information on: Supplier Diversity Reporting,
Affirmative Action, Questions on this RFB and Sales Representative.
SUPPLIER DIVERSITY
REPORTING:
CONTACT NAME
PHONE NUMBER
FAX NUMBER
CONTACT NAME
PHONE NUMBER
FAX NUMBER
CONTACT NAME
PHONE NUMBER
FAX NUMBER
CONTACT NAME
PHONE NUMBER
FAX NUMBER
Address:
E-mail:
AFFIRMATIVE ACTION:
Address:
E-mail:
QUESTIONS ON THIS RFB:
Corporate Address:
E-mail:
SALES REPRESENTATIVE:
E-mail:
Website:
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 12-0044
PAGE 13 OF 26
YES
4.2
Are you:
a) an original manufacturer for the product lines being bid?
b) an authorized distributor for the products/product lines being bid?
c) a dealer authorized by manufacturer?
d) do you have service and repair capabilities for the item(s) being bid?
(Identify account number with manufacturer, as applicable.)
Account # ___________________________
4.3
4.4
Have you provided a client list?
What type of documentation (i.e. published price list, copies of previous invoices, 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?
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
4.5
Do you certify that neither your organization nor your principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency?
5.1
Are you bidding all prices F.O.B. Destination Freight Prepaid Included and Installed?
(Be sure to read Section 5.1 carefully)
Country of Origin ___________________________________________
Shipping Point ____________________________________________
-AND5.1
Are you bidding all prices On Site Service? (Be sure to read Section 5.1 carefully)
5.2
Please state delivery time ____ days After Receipt of Order (ARO).
5.3
Do you agree to terms regarding duplicates and overshipments?
5.5
Will you provide insurance certificate(s) indicating coverage and agree to maintain
coverage as required in 5.5 and have you added the following language to the
insurance certificate?:
“The Board of Regents of the University of Wisconsin System, its officers, employees and agents
are added as an ‘additional insured’ under the commercial general, automobile and Contractor’s
liability policies on any insurance certificate provided”.
5.6
Do you agree to subcontracting terms and conditions?
5.7
Will you provide instructions on set-up and operation as required?
6.2
Will you honor manufacturer standard warranty?
If YES, have you enclosed standard warranty documents?
Warranty term: __________________
NO
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 12-0044
PAGE 14 OF 26
YES
6.3.1 Will you perform all maintenance or repair on site?
6.3.2 Will you provide all services within one week of the initial call or provide a
copy of a progress report of the status?
If unable to complete all services within one week of the initial call, will you provide a
copy of a progress report to the department?
6.3.3 Will you provide unlimited call-back maintenance service during normal business hours?
6.4
Will you agree to have all employees wear appropriate identification?
6.5
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
BID NO.: 12-0044
PAGE 15 OF 26
ATTACHMENT B: SPECIFICATIONS
The following specifications represent the desired requirements. Bidder must submit with their response any exceptions
or variations to the specifications, statements, dimensions, tolerances, or any other items in the RFB. All exceptions or
variations must be explained on an attached sheet of paper and be clearly identified with the specification number or RFB
section. Failure to meet a mandatory requirement may result in your bid being disqualified. The University shall be the
sole judge of acceptability.
ATTACHMENT OF BIDDER’S TERMS AND CONDITIONS IS NOT ACCEPTABLE.
MEET
SPECIFICATIONS
I.
1.
Intraoperative Fluorescence Imaging System Specifications
The Intraoperative fluorescence imaging system must be able to be used for tests on
optical imaging of cancer by our nanoparticles and tests of image-guided surgery in
rodent models of ovarian cancer.
2.
The Intraoperative fluorescence imaging system must offer real timing imaging of
intraoperative surgical guidance.
3.
The Intraoperative fluorescence imaging system must detect signals in the near
infrared region.
4.
The Intraoperative fluorescence imaging system must have a sensitivity range of
picomole to femtomol.
5.
Intraoperative fluorescence imaging system must have a maximal frame rate of 25
frames/sec in video mode and 9 frames/sec in sequence mode.
6.
The Intraoperative fluorescence imaging system must be hand-held.
7.
The Intraoperative fluorescence imaging system must have white light illumination in
the field of view during image-guided surgery.
YES
NO
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 12-0044
PAGE 16 OF 26
ATTACHMENT C: ITEMIZED BID LIST
QTY
DESCRIPTION
1 ea.
Intraoperative Fluorescence Imaging System
UNIT PRICE
TOTAL PRICE
$____________
$____________
Manufacturer ______________________________
Catalog # _________________________________
Warranty Period____________________________
1 ea.
Service Agreement – Year One
$____________
$____________
1 ea.
Service Agreement – Year Two
$____________
$____________
1 ea.
Service Agreement – Year Three
$____________
$____________
TOTAL
$____________
Optional Bid items:
Are any proprietary items for the Intraoperative Fluorescence Imaging System that the University will need to buy in
addition to the system, for example any additional supplies for installation, such as electrical equipment or consumables
or supplies? Please list the items separately below:
_________________________________________________
$______________________
_________________________________________________
$______________________
_________________________________________________
$______________________
_________________________________________________
$______________________
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 12-0044
PAGE 17 OF 26
ATTACHMENT D - CLIENT REFERENCE LIST
Bidder Name:____________________________________________________________________________________
The Bidder must provide a minimum of three (3) business references.
1.
Reference Name: _____________________________________________ Contact: ___________________________
Address: _____________________________________________________________________________________________
Phone #: (
) ____________________
E-mail
address_______________________________________________________
Fax/Internet address:____________________________________________________________________________________
Description and date(s) of commodities and services provided: __________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
2.
Reference Name: _____________________________________________ Contact: ___________________________
Address: _____________________________________________________________________________________________
Phone #: (
) ____________________
E-mail
address_______________________________________________________
Fax/Internet address:____________________________________________________________________________________
Description and date(s) of commodities and services provided: __________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
3.
Reference Name: _____________________________________________ Contact: ___________________________
Address: _____________________________________________________________________________________________
Phone #: (
) ____________________
E-mail
address_______________________________________________________
Fax/Internet address:____________________________________________________________________________________
Description and date(s) of commodities and services provided: __________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
References may be contacted to confirm the Bidder’s abilities and qualifications as stated in the Bidder’s
response. The University may perform due diligence by contacting any applicable business reference, including
references from within the UW System. The University reserves the right to disqualify any Bidder whose
references don’t support their stated claim of qualifications in their response.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 12-0044
PAGE 18 OF 26
ATTACHMENT E: BIDDER INFORMATION SHEET
VENDOR NOTE: THIS SECTION MUST BE COMPLETED AND THIS FORM RETURNED WITH YOUR BID
RESPONSE
1. In accordance with Wisconsin Statutes 560.035, 560.0335 and 560.036, please indicate below if you are a
Wisconsin certified Minority Business Enterprise (MBE), Work Center (WC), Disabled Veteran-Owned
Business (DVB) or Woman-owned Business Enterprise (WBE) (see websites:
http://www.commerce.state.wi.us/bd/BD-MinorityandWomen.html or
http://stateuseprogram.wi.gov/section.asp?linkid=1424&locid=65).
____ Minority (MBE)
____ Work Center (WC)
____Disabled Veteran-Owned Business (DVB)
____ Woman Owned Business Enterprise (WBE)
___ Not applicable
(If no answer is indicated above, we will assume that you are none of the above when making the award.)
2. Pursuant to Public Law 95-507, indicate which of the following classifications apply to your organization.
All vendors are considered Large Business unless otherwise indicated (see website: www.sba.gov/).
(Check √ all that apply.)
____________ LARGE BUSINESS (LG)
____________ SMALL BUSINESS (SB)
____________ VETERAN OWNED SMALL BUSINESS (VOSB)
____________ SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB)
____________ HISTORICALLY UNDER UTILIZED BUSINESS ZONE (HUBZONE)
____________ SMALL DISADVANTAGED BUSINESS (SDB)
____________ WOMAN-OWNED SMALL BUSINESS (WOSB)
3. AMERICAN MADE: Wisconsin Statutes S. 16.754, directs the state to purchase materials which are
manufactured to the greatest extent in the United States when all other factors are substantially equal.
“Substantially equal” means when bids are tied or proposal scores are equal. Indicate whether the
material covered in your bid/proposal were manufactured in whole or in substantial part within the United
States, or the majority of the component parts thereof were manufactured in whole or in substantial part in
the United States.
____________ YES
____________ NO
____________ UNKNOWN
4. RECYCLED PRODUCTS/PACKAGING/DISPOSAL TECHNIQUES: The University is committed to
promote environmentally sound procurement, usage and disposal methods which are in compliance with
State of Wisconsin County, and Municipal regulations. Currently the University has a recycling program for
starch and Styrofoam packing peanuts. The University’s preference is to receive starch peanuts whenever
possible. The Contractor shall not use INSTAPAK (or similar) or mix starch and Styrofoam peanuts
under any circumstances. Each product shall be separately pre-packed in accordance with commercially
accepted methods. Small products may be packaged in protective envelopes (Mail-Lite or Bubble-Jet
packs).
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 12-0044
PAGE 19 OF 26
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
BID NO.: 12-0044
PAGE 20 OF 26
9.0 PAYMENT TERMS AND INVOICING: The University normally will pay properly submitted vendor invoices
within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required),
and accepted as specified.
9.1 Invoices presented for payment must be submitted in accordance with instructions contained on the
purchase order including reference to purchase order number and submittal to the correct address for
processing. Invoice payment processing address is shown on the upper left corner of the purchase
order. Send invoices to the Accounts Payable address on the purchase order. Do not send invoices to
the ship to address.
9.2 Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty (30)
days after receipt of a properly completed invoice, unless the vendor is notified in writing by the agency
of a dispute before payment is due.
9.3 Bidders/proposers shall include discounts for early payment (See 5.3) as a percent reduction of invoice.
Invoice discounts shall be determined, where applicable, from the date of acceptance of goods and/or
the receipt of invoice, whichever is later. Discounts for early payment terms stated on the bid/proposal
must be shown plainly on the invoice; discounts for early payment not shown on the invoice will be
taken.
9.4 Invoices submitted not in accordance with these instructions will be removed from the payment process
and returned within ten (10) days.
9.5 Payment terms and invoicing for purchasing card will be made in accordance with the purchasing card
contact.
10.0 TAXES: The University, an agency of the State of Wisconsin, is exempt from payment of all federal tax and
Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The
Department of Revenue of the State of Wisconsin does not issue a tax exempt number; however, University
is exempt from State of Wisconsin sales or use tax under s.77.54(9a)(a). Registration No. 39-73-1021-K,
was issued by the Internal Revenue Service to authorize tax-free transactions under Chapter 32 of the
Internal Revenue Code.
10.1 The University, an agency of the State of Wisconsin, is required to pay the Wisconsin excise or
occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and
general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its
purchases. The University may be subject to other states' taxes on its purchases in that state
depending on the laws of that state. Contractors performing construction activities are required to pay
state use tax on the cost of materials.
11.0 GUARANTEED DELIVERY: Failure of the Contractor to adhere to delivery schedules as specified or to
promptly replace rejected materials shall render the Contractor liable for all costs in excess of the contract
price when alternate procurement is necessary. Excess costs shall include the administrative costs.
12.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded
as a result of this request except where special requirements are stated elsewhere in the request; in such
cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts
and attachments shall constitute the entire agreement and no other terms and conditions in any document,
acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the
University.
13.0 APPLICABLE LAW: This Agreement shall be construed under the laws of the State of Wisconsin.
Jurisdiction and venue for any disputes under this Agreement shall be in Dane County, Wisconsin. The
Contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances and
regulations which are in effect during the period of this contract and which in any manner affect the work or
its conduct.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 12-0044
PAGE 21 OF 26
14.0 ANTITRUST ASSIGNMENT: The Contractor and the University recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the
Contractor hereby assigns to the University any and all claims for such overcharges as to goods, materials or
services purchased in connection with this contract.
15.0 ASSIGNMENT: No right or duty in whole or in part of the Contractor under this contract may be assigned or
delegated without the prior written consent of the University.
16.0 DISPUTES: Disputes should be addressed to the University Purchasing Office, Director of Purchasing
Services, 21 N Park St, Suite 6101, Madison, WI 53715 1218.
17.0 NONDISCRIMINATION/ AFFIRMATIVE ACTION:
17.1 In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employe or applicant for employment because of age, race, religion, color,
handicap, sex, physical condition, developmental disability as defined in s.51.01(5), Wisconsin Statutes,
sexual orientation as defined in s.111.32(13m) Wis. Stats., or national origin. This provision shall
include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. Except with respect to sexual orientation, the Contractor further
agrees to take affirmative action to ensure equal employment opportunities.
17.2 Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a
written affirmative action plan by the Contractor. An exemption occurs from this requirement if the
Contractor has a workforce of less than twenty-five (25) employes. Within fifteen (15) working days
after the contract is awarded, the Contractor must submit the plan to the contracting state agency for
approval. Instructions on preparing the plan and technical assistance regarding this clause are
available from the contracting state agency.
17.3 The Contractor agrees to post in conspicuous places, available for employes and applicants for
employment, a notice to be provided by the contracting state agency that sets forth the provisions of the
State of Wisconsin nondiscrimination law.
17.4 Failure to comply with the conditions of this clause may result in the Contractor's becoming declared an
"ineligible" Contractor, termination of the contract, or withholding of payment.
17.5 To the extent required by law, 41 CFR 60-1.4(a) and (b) are incorporated by reference in these
Standard Terms and Conditions. Additionally, the Contractor certifies compliance with 41 CFR 60-1.8
and does not and will not maintain any facilities provided for employees in a segregated manner. The
Contractor further agrees to obtain identical certifications from any subcontractors prior to the award of
a subcontract exceeding $25,000 which is not exempt and will retain such certification for audit
purposes.
18.0 PATENT INFRINGEMENT: The Contractor selling to the University the articles described herein guarantees
the articles were manufactured or produced in accordance with applicable federal labor laws. Further, that
the sale or use of the articles described herein will not infringe any United States patent. The Contractor
covenants that it will at its own expense defend every suit which shall be brought against the University
(provided that such Contractor is promptly notified of such suit, and all papers therein are delivered to it) for
any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will
pay all costs, damages, and profits recoverable in any such suit.
19.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the University must comply
fully with all safety requirements as set forth by the Wisconsin Administrative Code, Rules of the Industrial
Commission on Safety, and all applicable OSHA Standards.
20.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a
hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data
Sheet for each item with the shipped container(s) and one (1) copy to UW Safety Department, 30 East
Campus Mall, Madison WI 53715-2609.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 12-0044
PAGE 22 OF 26
21.0 WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result
of this request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt.
The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the
Contractor.
22.0 INSURANCE RESPONSIBILITY: The Contractor performing services to the University shall:
22.1 Maintain worker's compensation insurance as required by Wisconsin Statutes for all employees
engaged in the work.
22.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which
might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars
($1,000,000) liability for bodily injury and property damage including products liability and completed
operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used
in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per
occurrence combined single limit for automobile liability and property damage.
22.3 The state reserves the right to require higher or lower limits where warranted.
22.4 Upon request by the University, the Contractor is required to provide a Certificate of Insurance, from an
insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best rating
of A-, and signed by an authorized agent. A minimum 60 day cancellation notice is desired.
23.0 CANCELLATION: The University reserves the right to cancel any contract in whole or in part without
penalty due to nonappropriation of funds or for failure of the Contractor to comply with terms, conditions, and
specifications of this contract.
24.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their
payments offset by the State of Wisconsin.
25.0 OMNIBUS RECONCILIATION ACT: (Public Law 96-499) To the extent required by law, if this contract is for
acquisition of services with a cost or value of $25,000 or more within any 12-month period, including
contracts for both goods and services in which the services component is worth $25,000 or more within any
12-month period, the Contractor shall in accordance with 42 C.F.R., Part 420, Section 1861 of the Omnibus
Reconciliation Act of 1980 (P.L. 96499) and permit the comptroller general of the United States, the United
States Department of Health and Human Services, and their duly authorized representatives, access to the
Contractor's books, documents and records until the expiration date of four (4) years after the approval of
procurement activities.
26.0 PUBLIC RECORDS ACCESS: It is the intention of University to maintain an open and public process in the
solicitation, submission, review, and approval of procurement activities. Bid/proposal openings are public
unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice
of intent to award or the award of the contract.
27.0 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request must be clearly stated in
the bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with
applicable State of Wisconsin procurement regulations and the Wisconsin public records law. Proprietary restrictions
normally are not accepted. However, when accepted, it is the vendor's responsibility to defend the determination in the
event of an appeal or litigation.
27.1 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the
contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations
become the property of the State of Wisconsin.
27.2 Any material submitted by the vendor in response to this request that the vendor considers confidential and
proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material
which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of
Confidential and Proprietary Information form (DOA-3027). Bidders/proposers may request the form if it is not part
of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 12-0044
PAGE 23 OF 26
28.0 DISCLOSURE: If a state public official (s. 19.42, Wisconsin Statutes), a member of a state public official's
immediate family, or any organization in which a state public official or a member of the official's immediate
family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement
involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this
contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats.,
before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 E. Mifflin
Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123). State classified and former
employes and certain University faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis.
Stats.
29.0 ANTI-KICKBACK ACT of 1986: (41 USC 51 et. seq): To the extent required by law, the officer or employe
responsible for submitting this bid shall certify, in accordance with 48 CFR 52.203-7, to the best of their
knowledge, that they have no information concerning the violation of the Anti- Kickback Act in connection
with the submitted bid/proposal. Signing the bid/proposal with a false statement shall void the submitted
bid/proposal and any resulting contract(s).
30.0 RECYCLED MATERIALS: The University is required to purchase products incorporating recycled materials
whenever technically or economically feasible. Bidders/proposers are encouraged to bid/propose products
with recycled content which meet specifications.
31.0 HOLD HARMLESS: The Contractor will indemnify and save harmless the State of Wisconsin and all of its
officers, agents and employees from all suits, actions, or claims of any character brought for or on account of
any injuries or damages received by any persons or property resulting from the operations of the Contractor,
or of any of its Contractors, in prosecuting work under this agreement.
32.0 PROMOTIONAL ADVERTISING/NEWS RELEASES: Reference to or use of the State of Wisconsin, any of
its departments, agencies (University) or other subunits, or any state official or employee for commercial
promotion is prohibited. News releases pertaining to this procurement shall not be made without prior
approval of the University. Release of broadcast e-mails pertaining to this procurement shall not be made
without prior written authorization of the contracting agency.
33.0 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wisconsin Statutes, and must
ensure that when engaged in the production of materials, supplies or equipment or the performance of
contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed
by severely handicapped individuals.
34.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation)
which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis.
Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin
Department of Financial Institutions, unless the corporation is transacting business in interstate commerce or
is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation
which desires to apply for a certificate of authority should contact the Department of Financial Institutions,
Division of Corporation, P.O. Box 7846, Madison, WI 53707-7846; telephone (608) 261-7577.
35.0 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this
Agreement in accordance with reasonable control and without fault or negligence on their part. Such causes
may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its
sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes
and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable
control and without the fault or negligence of the party.
36.0 WORK CENTER PROGRAM: The successful bidder/proposer shall agree to implement processes that allow
the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to purchase
goods and services produced by work centers certified under the State Use Law, s.16.752, Wis. Stat. This
shall result in requiring the successful bidder/proposer to include products provided by work centers in its
catalog for State agencies and campuses or to block the sale of comparable items to State agencies and
campuses.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 12-0044
PAGE 24 OF 26
ATTACHMENT G - APPLICABLE FEDERAL RULES
COMPLIANCE WITH LAWS:
The preferred vendor shall warrant and certify that in the performance of the resultant agreement it has complied with or
will comply with all applicable statutes, rules, regulations and orders of the United States, and any state or political
subdivision thereof, including laws and regulations pertaining to labor, wages, hours and other conditions of employment.
All materials, equipment, and supplies provided to the members must comply fully with all safety requirements, rules of
the Industrial Commission on Safety, and all applicable OSHA Standards.
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.
DEVELOPMENT OF DISADVANTAGED SUPPLIERS:
The University is committed to encouraging the development of minority, women-owned, and otherwise small and
disadvantaged businesses. The selected preferred vendor shall make effort to subcontract with minority, women-owned
and otherwise small and disadvantaged businesses. A quarterly report will be required indicating the extent of effort and
members’ participation. The report will be in a format acceptable to University.
GENERAL PROVISIONS AND CERTIFICATIONS FOR GOVERNMENT CONTRACTS:
The following clauses are applicable and are hereby incorporated by reference into solicitations and any purchase orders
with the same force and effect as if set forth in full text. To the extent that an earlier version of any such clause is included
in the prime contract or subcontract under which solicitation or purchase order is issued, the date of the clause as it
appears in such prime contract or subcontract shall be controlling and said version is incorporated herein. Where
necessary to make the context of the Federal Acquisition Regulations (FAR), Department of Defense Federal Acquisition
Regulation Supplement (DFARS), and Code of Federal Regulations (CFR) clauses set forth in these General Provisions
applicable to this solicitation or subcontract, the term “Contractor” shall mean “Subcontractor”, “Seller” or “Supplier”, the
term “Contract” or “Subcontract” shall mean “Purchase Order”, the term “Government” shall mean “Buyer” or “University”
and the term “Contracting Officer” shall mean “Buyer’s Purchasing Representative”. It is intended that the referenced
clauses shall apply to Seller, the legal entity which contracts with the University under any solicitation or purchase order,
in such manner as is necessary to reflect the position of Seller as a Supplier to the University, Buyer and legal entity
issuing a solicitation or purchase order; to insure Seller’s obligations to the University and the United States Government;
and to enable the University to meet its obligations under its prime contract or subcontract.
The clauses incorporated by reference may be found in the Federal Acquisition Regulations (FAR), the DOD Federal
Acquisition Regulation Supplement (DFARS), or the Code of Federal Regulations (CFR). Copies may be purchased from
the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, or see the following websites
for more information: http://farsite.hill.af.mil/VFFARA.HTM (click “FARSEARCH” tab)
http://www.gpoaccess.gov/cfr/index.html
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 12-0044
PAGE 25 OF 26
FAR (52 Series) / DFARS (252 Series)
52.202-1
Definitions (Dec 2001)
52.204-2
Security Requirements (Aug 1996) (Alt. I)
52.215-16
Facilities Capital Cost of Money (Oct 1997)
52.215-17
Waiver of Facilities Capital Cost of Money (Oct 1997) (when cost of money is not proposed)
52.227-10
Filing of Patent Applications – Classified Subject Matter (Apr 84)
52.232-8
52.232-25
Discount for Prompt Payment (May 1997)
Prompt Payment (Feb 2002)
52.233-3
52.243-1
52.245-2
52.245-18
52.249-1
52.249-8
52.251-1
52.253-1
252.225-7001
252.225-7002
252.225-7007
252.225-7009
252.225-7016
252.227-7013
252.227-7026
252.227-7027
252.227-7030
252.227-7037
252.227-7039
252.251-7000
Protest After Award (Aug 96) (Alt. I)
Changes – Fixed Price – Alt. II (Apr 84)
Government Property (Fixed Price Contracts) (Dec 89)
Special Test Equipment (Feb 93)
Termination for Convenience of the Government (Fixed Price) (Short Form) (Apr 84)
Default (Fixed-Price Supply and Service) (Apr 84)
Government Supply Sources (Apr 94)
Computer Generated Forms (Jan 91) March 27, 1997
Buy American Act and Balance of Payments Program (Mar 1998)
Qualifying Country Sources as Subcontractors (Dec 91)
Trade Agreements Act (Sep 2001)
Duty-Free Entry-Qualifying Country End Products and Supplies (Aug 2000)
Restriction on Acquisition of Ball and Roller Bearings (Dec 2000)
Rights in Technical Data and Computer Software (Nov 1995)
Deferred Delivery of Technical Data or Computer Software (Apr 88)
Deferred Ordering of Technical Data or Computer Software (Apr 88)
Technical Data - Withholding of Payment (Mar 2000)
Validation of Restrictive Markings on Technical Data (Sep 1999)
Patents-Reporting of Subject Inventions (Apr 90)
Ordering from Government Supply Sources (May 1995)
CFR : 2 CFR 215 Uniform Administrative Requirements for Grants and Agreements With
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB Circular A-110)
Applicable when fixed price is greater than $2,500:
FAR (52 Series)
52.222-3
52.222-19
52.225-13
52.232-23
52.232-23
Convict Labor (Aug 1996)
Child Labor – Cooperation with Authorities and Remedies (Dec 2001)
Restrictions on Certain Foreign Purchases (Jul 2000)
Assignment of Claims (Jan 86)
Assignment of Claims (Jan 1986)
Applicable when fixed price is greater than $10,000:
FAR (52 Series)
52.222-20
52.222-21
52.222-22
52.222-26
52.222-36
Walsh-Healy Public Contracts Act (Dec 96)
Prohibition of Segregated Facilities (Feb 1999)
Previous Contracts & Compliance Reports (Feb 1999)
Equal Opportunity (Apr 2002)
Affirmative Action for Workers with Disabilities (Jun 1998)
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 12-0044
PAGE 26 OF 26
Applicable when fixed price is greater than $25,000:
By submitting a signed proposal or quotation in response to the University’s solicitation, the supplier is providing a
negative assurance in accordance with FAR 52.209-5 Certification Regarding Debarment, Suspension, Proposed
Debarment, and Other Responsibility Matters. Certification in paragraph (a) of this clause is material representation of fact
upon which reliance is placed when making any resulting award.
FAR (52 Series) / DFARS (252 Series)
52.209-6
Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or
Proposed for Debarment (Jul 95)
52.222-35
Affirmative Action for Special Disabled and Vietnam Era Veterans (Dec 2001)
52.222-37
Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (Dec 2001)
252.227-7036
Certification of Technical Data Conformity (May 87)
252.231-7000
Supplemental Cost Principles (Dec 91)
252.246-7000
Material Inspection and Receiving Report (Dec 91)
(Note: Not required for subcontracts for which the deliverable is a scientific or technical report.)
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