Rev.1/12 PS-12-2388 SPECIFICATIONS

Rev.1/12  PS-12-2388 SPECIFICATIONS
University of Wisconsin System
University of Wisconsin - Manitowoc
The successful bidder, hereafter referred to as "contractor", shall be required to furnish a performance bond in the amount of $1,000. Such
bond must be furnished upon notification by the University of Wisconsin System Office of Procurement, hereafter referred to as "Office of
Procurement", and prior to contract award. In the event awards are made to more than one contractor, each contractor shall comply with all
terms and obligations (Performance Bond/Irrevocable Letter of Credit levels shall be prorated) of the resulting contract.
In lieu of the performance bond, the contractor may provide an irrevocable letter of credit naming the University as beneficiary. The
irrevocable letter of credit shall be in the amount specified for the performance bond and the format content required by the University. The
performance bond or irrevocable letter of credit shall be furnished by a company licensed to do business in the State of Wisconsin.
The performance bond or irrevocable letter of credit shall be for the entire contract period. If an irrevocable letter of credit is used, the period
shall extend one month beyond the contract expiration date. The performance bond or letter of credit shall provide that in the event of
non-renewal, the Office of Procurement, and the contractor be notified in writing by the issuer a minimum of sixty (60) days prior to the
anniversary of the effective date of the contract.
In the event of non-renewal, the contractor shall provide the University evidence of the new source of surety within twenty-one (21) calendar
days after the University's receipt of the non-renewal notice. Failure to maintain the required surety in force may be cause for contract
Failure to provide the bond or irrevocable letter of credit within twenty-one (21) days of notification of award may result in cancellation of
contract award.
Contractors are invited to inspect the project site completely prior to submitting bid in order to determine all requirements associated with the
contract. Failure to inspect adequately shall not relieve the contractor from the necessity of furnishing and installing, without additional cost
to the University, any materials and equipment or performing any labor that may be required to carry out the intent of the contract.
For Site Inspection Appointment
Prospective Bidders are to Contact: Bruce Peters
University of Wisconsin - Manitowoc
Telephone: 920-683-4712
The award shall be made to the bidder(s) with the best commission or annual guarantee which is in the best interest of the
University as determined by the University. The University shall consider an alternative of a multiple group award for cold
beverage. The University shall determine if the bidder is financially, managerially and operationally capable of providing the
required services based on the vendor's response to this bid. Only those vendors determined to be capable and currently operate
Vending Food Services shall be considered. Representatives from the University reserve the right to inspect the bidder's
facilities and other operations under the contractor's management prior to award of this bid
It is the intent of the University to commence the resulting contract on or about July 1, 2012. The term of this contract shall be for five years.
All bids shall remain firm for a minimum of ninety (90) days from the date of bid opening.
The contract may be terminated by either party on the anniversary of the effective date in any subsequent year of the contract, if
either party provides the other party with written notice one hundred and twenty (120) days prior to such anniversary date.
The University may cancel this contract for breach, as determined by the University, for failure to comply with the terms and
conditions of the contract. This may include any cessation or diminution of service including but not limited to failure to maintain
adequate personnel, whether arising from labor disputes, or otherwise any substantial change in ownership or proprietorship of the
contractor which in the opinion of the University is not in its best interest.
The University shall provide ten (10) calendar days written notice of contract breach and unless within ten (10) calendar days such
neglect has ceased and arrangements made to correct, the University may cancel the contract by giving sixty (60) days notice in
writing by registered or certified mail of its intention to cancel this contract.
Should the University breach any terms or provisions of this contract, the contractor shall serve written notice on the University
setting forth the alleged breach and demanding compliance with the contract. Unless within ten (10) calendar days after receiving
such notice, the allegation shall be contested or such breach shall cease and arrangements be made for corrections, the contractor
may cancel the contract by giving sixty (60) days notice, in writing, by registered or certified mail of its intention to cancel this
The University may discontinue this contract, in whole or in part, without penalty at any time due to non-appropriation of funds.
If the contractor fails to maintain and keep in force required insurance, the University shall have the right to cancel and terminate
the contract without notice.
The contract shall be between the State of Wisconsin, Board of Regents of the University of Wisconsin System doing business as the
University of Wisconsin - Manitowoc, hereafter referred to as the "University" and the successful bidder hereafter referred to as the
"contractor" for the provision of Vending Food services according to the terms set forth herein. Mr. Bruce Peters, Assistant Dean, shall be
the representative of the University responsible for the administration of the contract and referred to herein as "the campus contract
administrator" (C.C.A.).
If, because of riots, war, public emergency or calamity, fire, flood, earthquake, act of God, government restriction, labor disturbance or strike,
business operations at the University are interrupted or stopped, performance of this contract, with the exception of monies already due and
owing, shall be suspended and excused to the extent commensurate with such interfering occurrence. The expiration date of this contract
may be extended for a period of time equal to the time that such default in performance is excused.
The contractor shall bear the full and complete responsibility for all risk of damage or loss of premises, equipment, products or money
resulting from any cause whatsoever and shall not penalize the University for any losses incurred related to this contract.
Minimum Limits
Worker's Compensation (WC)
Employer's Liability
Coverage (B)
Commercial General Liability (CGL)
General Aggregate incl. prdt/co
Each Occurrence
Automobile Liability (including hired & non-owned)
Combined Single Limit
Additional Insured Provision
The contractor shall add the Board of Regents of the University of Wisconsin System, its officers, agents and employees as an
additional insured under the commercial general and automobile liability policies.
Remodeling or Renovation
The above insurances are required to be in effect during the course of any remodeling, renovation or construction done by or at the
direction of the contractor.
Upon notification of award and prior to issuance of a contract, the contractor (vendor) shall provide the University a Certificate of
Insurance with the required kinds and limits of insurance issued by an insurance company licensed to do business in the State of
Wisconsin and signed by an authorized agent. Insurance requirements apply to all sub-contractors.
These policies shall contain a covenant requiring sixty (60) days written notice by the insurer to University of Wisconsin System
Office of Procurement, 780 Regent Street, Madison, WI, 53715, before cancellation, reduction or other modifications of coverage.
The contractor shall provide the University evidence of the new source(s) of required insurance within twenty-one (21) calendar
days after the University's receipt of the sixty (60) day notice. The insurance certificate shall be for the initial contract period of
one (1) year and shall be extended by the contractor for each subsequent renewal period of the contract. The contractor shall advise
each insuring agencies to automatically renew all policies and coverage levels annually.
The contractor agrees to indemnify, defend and hold harmless the Board of Regents of the University of Wisconsin System, its
officers, employees and agents from and against any and all claims, losses, liability, costs or expenses (hereinafter collectively
referred to as "claims") occurring in connection with or in anyway incidental to or arising out of the occupancy, use, service,
operations or performance of work in connection with this contract, but only to the extent that such claims are caused by the
negligence, misconduct or other fault of the contractor, its agents, employees, subcontractors or contractors.
Commercial General Liability includes, but is not limited to: consumption or use of products, existence of equipment or machines
on location and contractual obligations to customers. The contractor shall bear the full and complete responsibility for all risk of
damage or loss of premises, equipment, products, or money resulting from any cause including that of sub-contractors and shall not
penalize the University for any losses incurred related to this contract.
In the event the contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to
cancel and terminate the contract without notice. The contractor shall advise each insuring agency to automatically renew all
policies and coverage in force at the start of and resulting from this contract until specified coverage requirements are revised.
The contractor agrees that items relative to Vending Food service which are not covered herein may be added to this bid and resulting
contract by the University without voiding the provisions of the existing contract. Additional services shall be furnished to the University by
the contractor with additional consideration as needed to make it legally enforceable.
Operation and sales does not include manual food service sales and items determined by the University to be objectionable and Bookstore
The terms and obligations of this contract shall be applicable to Vending Food services operated in various and separate locations of the
University (i.e. Student Center, Classroom, Administration Building etc.), including those locations leased by the University to tenants in
which the specified service shall be required. Lessors of space to the University may reserve the right to determine the extent that the
specified service shall be provided under this contract on their premises.
Recognizing that the successful performance of this contract is dependent on favorable response from the users, the contractor shall meet
with the Assistant Dean and/or authorized student committees to effect adjustments in operations, and shall cooperate at all times to maintain
maximum efficiency and good public relations with students, faculty and staff.
After the initial contract year, the parties upon mutual agreement may adjust the specific terms, commissions or guarantees of this contract
where circumstances beyond the control of either party require adjustments. All adjustments shall be proposed in writing by the University to
Office of Procurement for approval prior to becoming effective. All required contract amendment(s) shall be issued by Office of
The contractor shall be financially responsible for obtaining all required permits, licenses (including parking), and bonds to comply with
pertinent Board of Regents/University of Wisconsin System regulations, and municipal, county, state and federal laws, and shall assume
liability for all applicable taxes including but not restricted to sales and property.
The contractor shall furnish all supplies, equipment, management and labor necessary for the efficient operation of the specified services
included in this contract, subsequent extensions and amendments.
The contractor shall occupy and use the premises, as defined by the University, only for Vending Food Service. The University shall not
guarantee an uninterrupted supply of electricity or heat. The University shall be diligent in reporting service following an interruption. The
University shall not be liable for any loss which may result from the interruption or failure of any such utility services.
The University shall have the right to make reasonable regulations on the method of service, opening and closing hours, safety, sanitation,
maintenance and use of Vending Food Service areas and the contractor agrees to comply with such regulations. Authorized representatives
of the University shall have the full right of access to all areas at any and all times.
The University desires a sound, well-managed vending food service which will serve the varied components of the University, reflect
professional attitudes that will enhance the image of the University, and provide its customers consistent and predictable service. The
vending food service shall be a supportive service for student activities and react to the changing trends in the vending industry (debit card
vending) and changes in campus demographics.
The University shall determine that which is in the University's best interest regarding all such matters of the bookstore, convenience store
and the manual food service. The contractor shall cooperate with the University to maintain comparable standards of service, food quality,
menu variety and comparable portions and prices with that available in manual food services. At a time that it can be determined by the
University that any of the manual food services can be better performed by vending food service, they may become part of the contractor's
responsibility and amended to this contract by mutual agreement.
The sale of tobacco products is not permitted at any location on campus.
Upon approval of the University recognized organizations shall be permitted to sell food and beverages on campus in connection with
authorized University events such as bake sales, fund raisers, etc.
The contractor shall comply with the portions and prices specified in this contract and those additions arrived at by mutual
agreement of the University and contractor at the start of this contract. Comparable portions and prices shall exist between manual
and vended food service. The item-portion and price schedule included in these specifications shall serve as a price and portion
guide for other menu items not specifically included.
List of Products/Price Adjustments
Prior to the start of the contract, the contractor shall provide a detailed listing of portions and prices of all other products intended
to be served for prior approval by the University, with information copy to Office of Procurement. All portion and price change
requests shall be submitted to the University in writing for approval prior to implementation with approved information copy to
Office of Procurement.
Price and portion change requests from the contractor may be submitted to the University for consideration on an annual basis.
The University intends to only make price and/or portion changes prior to the start of the Fall academic semester. The first
opportunity for adjustments shall be September 1, 2013.
The contractor may provide the University with price and portion change requests a minimum of sixty (60) days prior to the start of
each fiscal year. The contractor shall provide the University with data that includes regional and local marketplace data supporting
changes being recommended. After cost change verification, the University shall determine those price and/or portion changes to
be approved and the effective day. The University may use the Consumer Price Index, North Central Region Averages, All Urban
Consumers, Food Away From Home Index changes as a guideline in evaluating the contractor's price change proposals. The
University may negotiate increased commissions on select products when cost increases are less than the amount of the sale price
All prices include State and local sales tax
Soft Drink
Minimum of six (6) flavors per vendor to include
Pepsi-Cola or Coca-Cola. Other flavors and brands
including waters and sports drink determined by
mutual agreement.
20 oz. drink
20 oz. sports drink
Energy drinks
100% Natural &
Blended Fruit juice
12 oz. container
15.2 oz. container
Cold coffee & Teas
16 oz. teas
11.5 coffee
All perishable food shall be package coded and replaced with fresh product on inventory rotation schedules mutually agreed to by the University and
contractor. The coding systems in use by the contractor, including proposed changes, shall be made known to the University. All perishable items;
salads, sandwiches, etc., shall be replaced within four (4) days from the date of preparation, i.e., produced on Monday replaced on Thursday of the same
The contractor shall be responsible for all loss of stale products, spoilage and shrinkage and shall not penalize the University for such losses.
Labeling on all items, including vended perishable foods, shall comply with all U.S.D.A., F.D.A. regulations, qualifications, and University policy,
regarding packaging, labeling, ingredient listing and standards. The contractor's menu and menu item presentations shall not violate the intent of full
truth in their written content, item descriptions or products used.
Brand Preference
The contractor shall take under advisement the University's wishes regarding such considerations as brand preference, design and material specifications
of supply items, use of State products, and use of local vendors where the resulting costs do not significantly jeopardize the fixed guarantee and
commissions of this contract.
Minority Business
The University of Wisconsin is committed to the promotion of minority business in the State's purchasing program. With this procurement a successful
contractor is encouraged to purchase services and supplies from minority businesses certified by the Wisconsin Department of Development, Bureau of
Minority Business Development. The UW Purchasing unit shall require from the successful contractor a quarterly report of purchases of such supplies
and services necessary for the implementation of the contract. A listing of certified minority businesses, as well as the services and commodities they
provide, is available from the Department of Administration, Office of Minority Business Program, 608/267-7806.
The University requests the cooperation of the contractor in reporting on a regular basis all purchases of services or commodities from certified minority
businesses used in the performance of this contract. This report shall be submitted to the University Purchasing Office on an annual basis.
Industry Advancements
The contractor shall be alert to changing vending food service trends, new market forms of food, and changing diet patterns being evolved throughout the
vending food service industry. As a result, the contractor shall be expected to initiate ideas for varied methods of vending service and menu
presentations, and by mutual agreement implement these variations within the conditions of this contract. The University shall encourage and cooperate
with the contractor to promote and merchandise services and products to the fullest to attract students, faculty and staff to enjoy and fully utilize the
vending service. The contractor, with approval from the University, shall implement, merchandise and promote these new services and product variations
in a manner typically used by commercial operations (i.e., sample tasting, temporary food stands). Promotion techniques may consider all campus
publicity and advertisement including: paid ads in authorized campus publications, radio announcements, posters, and approved point of purchase
3.10 Prior to the start of the contract, and at any time during the life of the contract, the University, at its option, may require samples of vending products for
evaluation and approval prior to sale at the University.
Cold beverage Requirements
3.11 The University shall require that the vendor be able to furnish a minimum of six (6) flavors including Cola (Pepsi or Coca Cola), a Diet Cola (Pepsi or
Coca Cola) and other soft drinks not limited to, Root Beer, Orange, Lemon Lime, Diet Lemon Lime, Diet Caffeine-Free Cola (Pepsi or Coca Cola), Sport
Drinks and Water. Water shall be in conformance with the bottled water specification as defined by the International Bottled Water Association. The size
of machine and product mix by machines and location shall be determined by mutual agreement of the University and contractor. Schedule A gives
initial specific machine requirements of the University. The vendor should supply a full list of product offerings with the bid. The University may
require a sample before using a particular product.
Juice and Tea Selections
The natural fruit juice selections shall be grapefruit, grape, tomato, V/8 cocktail, orange, pineapple, cranberry, etc. Combination juices (less than one
hundred percent (100%) juice) may be vended with the noted pricing. Name brands of national acceptance shall be provided, all other shall require prior
University approval.
Contractor shall at all times maintain on duty for the University an adequate staff of employees for efficient operation. The contractor shall provide
expert administrative, purchasing, equipment consulting, and personnel supervision.
An adequate staff of employees, to be approved by the University, shall be on duty to provide efficient, prompt and sanitary service. The University shall
have the right to review the staffing patterns and job schedules, and require the contractor to take appropriate action to insure adequate service. The
University may require the contractor to increase staff based on the needs of the operation. The University shall be the final approving authority for
adequate staffing requirements.
Contractor Contact Personnel
The contractor shall provide headquarters management staff, made known to the University by name, to routinely review and inspect operations, fill staff
vacancies if necessary, consult with the University on current and future vending food service programs, and to act with full authority on the contractor's
behalf in any and all matters pertaining to the specifications of this contract.
Personnel Relations
Personnel relations of employees on the contractor's payroll shall be the contractor's responsibility. The contractor shall comply with all applicable
government regulations related to the employment, compensation, and payment of personnel.
Personnel of the contractor shall observe all regulations of the University, failure to do so may be grounds for dismissal.
Staff Training
The contractor shall have the resources and staff for continually providing satisfactory training and development programs for their employees at all levels
of the organization. Regularly scheduled employee training shall be conducted by the contractor regarding such subjects as refrigeration maintenance,
defensive driving, equipment repair, and proper sanitation. The contractor shall be responsible for the expense of such training meetings.
Employee Identification
Employee uniforms shall be provided by the contractor which are mutually agreed by the University and contractor to be best suited for the job function
intended, and easily and appropriately identify the contractor and employee by name. Exceptions shall be determined by mutual agreement of the
University and contractor. All employees of the contractor shall wear an approved uniform while on duty at the University. The route person servicing
the University account shall have a cell phone with them at all times while on campus. The number will be given to the University contract administrator.
Free Meals or Snacks
The contractor shall not furnish free or discounted vended meals, snacks, or beverages to their employees, those of the University or any customer as a
direct operating expense with a reduction of sales and/or commissions.
Food Handler Examination
If the State of Wisconsin requires that food handlers take and pass a food handler's examination, the University shall require certification that food
handlers under this contract have taken and passed the examination. The cost of these examinations shall be the contractor's responsibility.
The contractor may require all of its employees assigned to duty at the University to submit to health examinations before being hired and periodically at
least annually or as frequently and as stringently as required by law, and to submit satisfactory evidence of compliance with all health regulations to the
Parking Fees
The University may require the contractor to pay parking fees for vehicles used on campus in the service of this contract. At the start of this contract the
fee is $.00 per year per vehicle which shall be subject to change prior to and during the duration of this contract. A permit is still required for all of the
contractor's vehicles used on campus. The parking fee shall be required for the maximum number of the contractor's vehicles used on campus on any
given day.
Schedule A. Location and Description of Required Vending Equipment, presents the initially required minimum equipment; but it is intended that at
regular intervals during the duration of the contract the amount of required equipment shall be examined by the University and contractor with the
objective of providing the best possible service to the student body, staff and faculty. Selected equipment must be in compliance with the American with
Disabilities Act (ADA). All machines shall be equipped with non-resetable meters.
The contractor shall coordinate the ordering, delivery, repair requirements and return of the soda vending equipment with the bottler/wholesaler. All cold
beverage vending equipment shall remain the property of the bottler/wholesaler on loan to the University and shall not be relocated to another account
operated by the contractor. The contractor shall return the equipment to the bottler/wholesaler on termination or expiration of the contract. The
contractor shall stock, maintain, service and repair the equipment. The contractor shall provide the labor and parts required for soda equipment repair at
no charge to the University.
The wholesaler may provide the University canned soda vending equipment in compliance with Wisconsin Administrative Code, Agr. Chapter 129).
Changes of product and equipment source shall require prior approval of the University.
The University requires the contractor to provide both new and update vending and related auxiliary equipment per Schedule A. New equipment shall be
of most recent model and not manufactured prior to 2011. Update equipment shall be 2006 model or more recent, and shall be shop rebuilt and
refurbished prior to installation. All equipment should provide thermal overload protection and comply with applicable electrical standards. Energy
efficient or energy star rated equipment is required. Canned soda and juice vendors provided with product identification graphic shall be acceptable.
For purpose of this contract, update rebuilt and refurbished requires the equipment be in like new condition prior to final acceptance by the University for
location on campus.
New and update equipment shall be listed as certified by the Automatic Merchandising Industry Health Code. If the 2006 model equipment has been
used, it shall be inspected by the University for approval prior to installation. All update equipment shall be subject to inspection and approval by the
University prior to final installation.
The vending equipment shall be compatible in terms of decor when three or more machines are placed together at one location. The vending equipment
shall be the same height to give uniformity of appearance, except as otherwise mutually agreed by the University and contractor. The University shall
install and pay the costs of any decorative motif.
Equipment Verification
The contractor shall provide the University and Office of Procurement with invoice copies to verify new equipment purchases are in compliance with
contract requirements. Initial and subsequent installations of new and update equipment shall be identified by type of equipment, serial number,
manufacturer's meter readings and location and listings be provided the University and Office of Procurement not later than thirty (30) days after the
effective date of the contract.
After the start of the contract, the contractor shall not add or remove vending or auxiliary equipment without prior written approval of the University. All
schedule revisions shall be recorded on the monthly revenue and equipment commission report.
Where necessary, and mutually agreed by the University, utilities shall be brought to equipment by the University. The contractor shall be responsible for
paying the costs of connections from the equipment to the provided utility source, including all other costs of installation of the equipment.
The University shall not guarantee an uninterrupted supply of water, steam, electricity or heat except that it shall be diligent in restoring service following
an interruption. The University shall not be liable for any loss which may result from the interruptions or failure of any such utility services.
Ownership of Equipment
All vending equipment owned by the contractor shall remain with the contractor. However, the University agrees to take such measures as may be
reasonably required, as defined by the University, for the protection against loss by pilferage or destruction. Required equipment repairs expense shall be
the contractor's responsibility.
Reduced Service Periods
The vending machines shall be operated during the entire year, but with reduced selections arrived at by mutual agreement for the summer session and
University vacation breaks.
Paper supplies, type of dispensing equipment, inventory levels, and the required locations shall be determined by mutual agreement of the University and
Operation Instructions/Refunds/Malfunctions
Contractor shall provide at each vending food equipment location operating instructions and information to eligible users where malfunction reports and
refund requests may be made. All information including permits, licenses and price regulation required to be posted shall be displayed in an appropriate
manner agreed by the University without defacing of the facilities of the University.
The contractor shall be responsible for control of keys obtained from the University and the security of those areas for which and when they are used by
its representatives. The contractor shall be responsible for immediately reporting all the facts relating to losses incurred, equipment damage or break-ins
to their equipment and areas of the University. The University shall designate the authority who shall receive these reports and be responsible for key
issue and periodic review of key control.
The contractor is responsible for the purchase of padlocks and other security devices which may be required by the contractor to further ensure revenue,
product or property.
The University shall provide the contractor with routine campus protection currently available to vending food service, such as night patrol, door checks,
security consulting, call response, etc.
The University and contractor shall mutually determine the additional security measures required to control unauthorized access to all vending food
service areas included in this contract.
Lock Cylinder/Key Replacement
The contractor shall be responsible for replacement of lost keys and the cost of re-keying and replacement of lock cylinders required as a result of their
negligence and/or loss of keys.
Storage of Equipment
Vending and auxiliary vending equipment not removed from the University locations on cancellation or expiration of this contract and/or after ten days
written notice to the contractor may be removed and placed in storage by the University. All costs of removal, storage and product and revenue loss shall
be the contractor's.
Change Machine
Change making equipment shall have the capability of customer selection of changing coins, $1.00 and $5.00 currency or both as determined by the
University and specified per Schedule B. The changer model, capacity and arrangements for security shall be by mutual agreement. The contractor shall
provide and service the changers with amounts of change at frequent intervals to ensure change is continually available. All vending equipment shall
have the capability of returning change in amounts of $.05, $.10 or $.25 as required, and have adequate change inventory for required returns.
All machines shall be equipped with a microprocessor controlled dollar bill acceptor as an equipment accessory for all vending locations.
All vending machine coin/bill changer mechanisms shall be electronic and maintained at the full change bank capacity and inventoried each time the
machine is serviced and brought up to capacity. The coin changers shall be designed with automatic refill features.
Route Employee Sales
Items sold through vending equipment shall not be manually sold by vending attendants or route employees. Prior to requiring manual sales of items sold
through vending equipment, high volume areas shall be equipped with additional vending equipment of the type required. Location sales during the
equipment stocking processes shall not be done manually.
The premises, equipment, supplies and facilities shall be maintained throughout the life of this contract in condition satisfactory to the University and in
compliance with Chapters HSS 196 and HSS 198 of the Wisconsin Administrative Code and Sec. 50.50(4), Wisconsin Statutes. Thus, the contractor
shall adhere to the highest standards of cleanliness and sanitary practices, including food handler's appearance and performance in the preparation,
service, transport and storage of food and related items. Structural, utility and non-vending equipment changes necessary in order to comply with such
requirements shall be made by the University at its expense.
The contractor shall maintain in a sanitary condition all vending machines. The customer-contact surfaces of all equipment including selector
buttons, knobs and handles platforms shall be cleaned with germicidal solution applied with disposable toweling. Visible products residue
shall be removed with warm water and detergent before application of the germicide.
The external cabinet of all vending machines, including cabinet tops, shall be kept free from dust and other contaminants. Screens, compressor
zones and condensers shall be inspected regularly for dust, seepage and other residue and shall be kept clean.
Contractor's employees shall be responsible for inspecting under and behind the vending machines and supplemental equipment for evidence
of dirt, debris and vermin. When cleaning of these areas is required, the contractor shall provide access, by kickplate (skirt) removal or
machine movement, and advise the University of the need for cleaning.
Facility Inspections
Consultant inspectors of the Wisconsin State Office of Environmental Health and Milk Certification Section and/or Agent Health Departments of the
division and campus safety personnel and environmental health specialists shall have complete cooperation and access to all vending service, production
and storage areas on inspection which they may conduct. These inspections may be at the request of the University or on said agency's own discretion. A
management representative of the contractor shall conduct equipment and facilities maintenance and sanitation inspections periodically. A copy of all
inspection reports shall be furnished the University by the contractor. The contractor is responsible to implement corrective operating measures required
as a result of these inspections and reports within ten day notification from the inspecting agency and by mutual agreement of the University.
The contractor shall institute and maintain a program of preventive maintenance and regular replacement of worn, damaged, or malfunctioning vending
equipment. This program shall be described in detail with each bidder specifying equipment and parts backlog to meet emergencies and routine
maintenance and repair. The University shall not perform maintenance or repair on any equipment of the contractor or that on loan to the University.
The University shall institute a preventive maintenance program and regular replacement of worn, damaged or malfunctioning non-vending capital
equipment and related facilities. The program shall be paid by the University and executed with the full cooperation of the contractor.
Malfunctions and Service
The contractor shall provide on call, as needed vending and auxiliary equipment maintenance and repair service 24 hours a day and seven days a week so
as to minimize vending equipment down time should malfunctions be reported. The contractor shall respond to equipment service and repair calls/reports
within a minimum of three (3) hours between the hours of 7:00 AM and 7:00 PM, Monday through Friday, and three (3) hour response time during
weekends. Equipment which cannot be returned to full service within 72 hours of notification of needed repair shall be replaced with comparable
equipment of like quality until the original equipment is returned to service. The equipment repair service shall respond to emergency and daily routine
maintenance requirements in a manner which limits equipment down time and customer inconvenience. The contractor shall provide the University a toll
free number to call or accept long distance calls for required service.
The contractor shall supply food and beverage products to the equipment a minimum of five days per week, Monday through Friday, between the hours of
7:00 A.M. and 4:00 P.M. during the regular academic semesters and summer school. Specific locations which require product service on Saturday and/or
Sunday shall be determined by mutual agreement. The contractor shall be alert to specific equipment which requires product inventory stocking more
frequently than once per day to maintain adequate product variety and inventory to provide satisfactory service twenty-four hours per day.
Prior to the start of the contract, the University and contractor shall mutually determine those locations requiring weekend service and service after lunch
prior to the start of evening classes.
Equipment Replacement
The contractor shall maintain a continual program of equipment replacement in high volume locations where obsolescence becomes a factor resulting in
potential service or sales reduction. Debit card vending may result in replacement of machines to accomodate and be compatible with the new
The University shall be responsible for the purchase of non-vending capital equipment and shall make or authorize the repair and replacement of worn,
damaged or malfunctioning equipment and related facilities. Except where it has been determined by the University that damages were due to the
contractor's negligence, the University shall, at its option, request the contractor to make and pay for the necessary repairs and replacement, or repair or
replace said non-vending capital equipment and related facilities and invoice the contractor.
Industry Improvements
Industry improvements on vending equipment occurring during the life of this contract shall be incorporated by the contractor on the originally installed
equipment and subsequent installations where it is deemed feasible by the University and mutually agreed by the contractor. Such improvements shall
include, but not be limited to: "fail-safe no touch burglar alarms", self locking coin boxes and various electronic security, debit card readers and metering
New Security Advancements
The contractor shall keep the University informed on new industry security measures in use. The University shall institute or execute such measures
required to accomplish maximum property, product and revenue security when presented in writing by the contractor and mutually agreed by the
Daily Floor Maintenance
The University shall provide daily floor maintenance in the vending areas, and the contractor shall cooperate in keeping this service to a minimum. Route
employees shall clean floor spillage which occurs in the process of filling or sanitizing equipment.
The University and contractor shall mutually develop a semi-annual schedule for the University to thoroughly clean and seal the floor under and in the
adjacent area of vending equipment.
Floor Stripping and Waxing
The University shall be responsible for the periodic stripping and sealing or waxing of floors in the vending areas, and shall furnish at its expense the
necessary equipment, supplies and labor. The University and contractor shall mutually develop a semi-annual schedule for the University to thoroughly
clean and seal the floor under and in the adjacent area of vending equipment.
Chapter 159 State Statutes
The contractor shall comply with University and State policies and procedures related to recycling of waste materials, purchase of recycled materials and
participate in required waste separation programs. The University shall arrange for space and/or suitable containers required for recycling.
The contractor shall assist the University in providing data supporting their program participation.
Waste Containers
The University shall provide waste containers, bag liners, and recycling containers in the vending areas, where necessary, and in sufficient number, to
maintain sanitary standards for trash disposal. All waste containers and recycling containers shall be kept in a clean and satisfactory condition at all
times, and emptied as often as necessary by the University.
Waste Packaging
The contractor shall remove all waste packaging, master cartons, boxes, etc., from the vending service and storage areas to dumpsters or recycling sites
provided and serviced by the University. Cardboard cartons shall be taken by the contractor to collection points identified by the University or be
removed from campus by the contractor.
Pest Control
The University shall be responsible for the costs of insect and pest control in all vending service and storage areas. The contractor shall maintain
maximum insect and pest control for its products and equipment.
7.1 Commissions
Commissions shall be expressed on the included bid submittal forms by the contractors on net sales (gross sales, less State and local Sales Tax) on all
items as follows:
Percentage on individual vending product categories or a guarantee total commission per year whichever is greater.
The contractor may elect to quote a lower guarantee than the maximum specified. Contract award shall be determined, in part, based on the
commissions quoted.
7.2 Accounting
Records Retention
The contractor shall maintain complete and accurate records of vending transactions for each machine in accordance with accepted industry
accounting practices, and shall keep in a safe place all such financial records and statements pertaining to the operations at the University for a
period of three (3) years from the close of each year's operation.
Collections/Meter Counts
A representative of the University may accompany the contractor's route employees when meter counts and money collections are made at a
time pre-determined and agreed by the University. At that time cash receipts collected from the equipment shall be jointly counted by the
University and the route employee at a location and by means determined by the University. Revenue discrepancies from the composite of
these collections and that reported on the period statement shall be explained by the contractor in writing.
Basis for Commissions
The contractor's inventory control of reported inventory sales for route employees, after reconciliation to cash collections, shall be used as the
basis to compute commissions payable to the University. Collections shall be bagged and counted by machine, reconciled to reported
inventory sales and not co-mingled with changer funds. When reported inventory sales differ from cash collections, commissions payable shall
be determined on the reported inventory sales.
Bulk hot and cold beverage vending equipment shall be equipped by the contractor with non-reset item sale counters and/or totalizers which
are maintained in continual operative condition; and each period statement shall include beginning and ending counter route inventory cards.
Inventory control cards shall be kept for each machine indicating date, product description, sale price and quantity loaded into the machine and
be made available to the University on a quarterly schedule. Product inventory and sales shall be recorded by machine at the time of each
service occurrence. Inventory control route cards shall be retained a minimum of two (2) years after the sales and commissions for each period
are recorded and reported to the University.
In the event different items are sold in the combination candy, snack and pastry merchandiser, or cold beverage machines for which varied
commissions are paid, the revenues and commissions for these item sales shall be reported by location in the revenue and commission category
for that item.
Refunds and tests shall be deducted from vending commission statement gross sales item categories in which refund and tests occurred prior to
computation of State and local sales tax and commissions due the University.
Sales Tax Determination
Sales tax collected from customers shall be deducted from gross receipts, before computing the Sales Tax, provided the customers are advised
of the amount of sales tax they are paying by posted sign or printed notice. (Divide gross receipts by 1.05). Commissions shall be computed
on the resulting net receipts for all commission sales.
Sales Tax Change
The University's commissions under this contract are determined in part with the contractor's full consideration of applicable State, Federal,
county or local excise and sales taxes on all products at the start of this contract. In event of an increase in these taxes or change in tax
structure increasing contractor's tax liability and affected vending product sale price is not adjusted, commissions shall be reduced the exact
same amount in dollar terms to compensate the contractor for tax increase. In the event of tax decrease, and no decrease in gross sales price is
effected, the University shall receive the exact same amount in commission compensation for such decreased tax.
Uniform Statements
Contractors with vending service at more than one University of Wisconsin University shall provide period statements which are uniform at
each University as nearly possible as the obligations of each contract specifications permit.
Vandalism or Theft
Commissions shall not be paid on the contractor's revenue losses resulting from vandalism or theft of money or product from vending
equipment at the University. The University shall receive commissions on any funds recovered.
The University shall require the contractor to provide sales and commission reports which provide the following information:
Product code for the following individual categories:
Where applicable
A. Bottled soda including sports drink and water - 20 oz
B. Canned Juice or tea- 11.5 oz
C. Bottled Juice or tea- 16 oz.
D. Energy Drinks Building location of machines
Machine number
Selling prices of products
Date machine installed (separate report)
Date machine removed from service (separate report)
Designation of new or used machine at time of installation (separate report)
Gross and net sales and sales tax for each machine by location each period
Year-to-date gross and net sales and sales tax for each machine by location each period
Total commission for each machine by location for each period
Year-to-date commission for each machine by location each period
Refunds and tests for each item category
Required beginning and ending meter reading
Prior to the start of the contract, the University and contractor shall mutually agree on the report(s) formats and contents to satisfy these
Refund System
A voucher refund system shall be required from the soda vendor and shall involve dispersing of funds through representatives of the
University. The voucher system shall include a pre-numbered form supplied by the contractor and approved by the University to be filled out
by the person making refund claim and shall include the following information; what machine, what happened, amount of loss, amount of
refund, date, building, and who suffered loss. The contractor shall supply and maintain funds for refunds to the satisfaction of the University.
The University and contractor shall mutually determine the locations on-campus where refunds are administered and the maximum fund to be
provided each location. The contractor shall provide each vending location with University approved instructions where refunds may be
obtained. The University shall be provided source documents to verify reported refunds as part of each period statement.
7.3 Payments
The contractor shall pay the University the commission percentage of each period net (gross sales less State and local Sales Tax) vending sales
on or before the 20th day of the period following the last day of the period in which commissions were earned, and shall accompany this
payment with a detailed explanation of dollar sales by item category, by location by each vendor and extension of commissions and a
composite statement of said sales and commissions. Causes of abnormal revenue deviations shall be noted by the contractor as part of these
The University requires a minimum of twelve (12) monthly revenue and commission statements annually, including periods of reduced
All period commission statements and payments shall be sent to the University with an information copy to Office of Procurement. Vending
commissions payments not received by the University on the 20th day following the last day of the period in which it was earned shall be paid
by the contractor plus a minimum interest penalty on the commissions due at the prevailing interest percentage and conditions the State of
Wisconsin uses for delinquent income tax.
Guaranteed Payments
One year from the effective date of this contract, and each full year thereafter during the life of the contract, the contractor shall pay the
University that portion of commissions due, if any, to equal the guaranteed annual commission required in this contract. Payments shall be
made by the 20th day of the following accounting period in which they were earned and recorded as commissions paid in the year the
guarantee was due.
On expiration or termination of this contract, partial year guarantee commissions due, if any, shall be determined by dividing the prior year
commissions earned through the date of termination by the prior contract year total commission or guarantee received, which ever is greater.
Multiply the resulting percent prorated commission received the prior year by the annual guarantee required per bid submittal. If the resulting
prorated guarantee is greater then the commissions received to date of termination, any balance due shall be paid the University by the 20th
day of the following accounting period.
The University has established the annual guarantee at a level sufficient to ensure the quality and service standards specified are maintained.
However, in the event the University requires the contractor to remove equipment from a location or locations which reduce annual
commission payments below the guarantee, the contractor may request a reduction of the guarantee in the amount equal to the commission
generated at that location(s) during the prior twelve month period. Increased commissions generated as a result of added locations during the
term of the contract shall be used to offset the amount of annual guarantee reduction. Guarantee adjustments require prior written approval of
the Office of Procurement amending the contract.
Equipment Removal Commissions
On expiration or termination of this contract commissions due the University shall be paid on sales until all equipment has been removed, and
the removal date shall be indicated on the period statement when each piece of equipment was removed, including equipment removed at any
time during the contract period prior to expiration.
Statement Review
On request of the University the contractor shall meet with the University and review each period statement, explain deviations, discuss
problems, and mutually agree on courses of action to improve the results of the required services included in this contract. Period statement
adjustments required as a result of review and/or audit shall be identified and reflected on the next period statement.
Cash collections reports, route inventory cards, and reported sales shall be audited on regular schedule, as determined by the
University, to verify the contractor's inventory control and reported commissions.
Periodic reviews, conducted jointly by representatives of the University and the contractor shall be made to ensure that
commission and guarantee payments, pricing structure and other phases of the operation are conducted in the most efficient and
financially sound basis.
All records pertaining to the operations of vending food service shall be open for inspection and/or audit by the State and/or
University of Wisconsin at any or all reasonable times.
The University and Office of Procurement shall be advised by the contractor of the schedule of the contractor's audit of their
records and operations at the University. The University shall have the option to participate in the contractor's audits and may
request a full report of these audits.
It is the purpose of this invitation to bid to obtain complete data from each bidder to enable the University to determine which bidder is best able to serve all of
the criteria which are to be considered in the award of this contract. To this end, each bidder shall furnish as a part of this bid a complete description of
capabilities in the field of Vending Food Service Operations.
Bidders shall provide a written response to all required Bidder's Information. Each response shall be numbered to coincide with the Bidder's Information
numbering and presented in the sequence listed. The Bidder's Information should be prepared simply and economically, providing a straightforward, concise
description of that which is required. Emphasis should be on completeness and clarity of content. The qualification criteria which the bidder's must meet to be
considered for an award are:
The bidder must currently own the specified business and must have owned and operated a vending business a minimum of (4) years.
Reference checks from a minimum of three (3) clients currently under contract with your company must indicate high quality of service has been
performed consistently.
Financial capacity of the bidder must be sufficient to support the specified service; provide initial inventories, equipment and labor and cash flow to
guarantee performance.
The bidder's response must clearly demonstrate the capacity to handle the requirements of this contract in addition to current workload.
The bidder must currently own and operate a minimum of twenty (20) vending machines at one or more accounts.
Bidders information is required even if it is currently on file at UW Office of Procurement with previous or current bids.
The required bidder's information is as follows:
Name and address of operating company, the names of all the owners or principles of the company and the duration and extent of experience in the
operation of vending food services.
A list of operations of similar complexity (may be a list of number of accounts) where you are currently, or have within the last year, owned and provided
the specified service. Give length of time at each account, name, address and phone number of contact person of each operation. The list shall include a
minimum of three (3) similar operations.
Descriptions of your internal accounting and audit programs including forms used for:
8.3.1 Inventory control for central warehouse, on location storage areas, and route inventory control.
8.3.2 Vending food service personnel accounting controls.
8.3.3 Method of recording, checking and reporting sales.
8.3.4 Route and Internal control of cash handling of vending machine revenues and coin and bill changers, coin counting facilities and refund system. Explain
controls used to separate vending machine changer funds and revenues.
8.3.5 Internal audit system.
8.3.6 Regular accounting and cash collection control forms used with detailed explanation of each and their importance.
8.3.7 Route person inventory and cash control procedures with example control cards and card entry procedures and audit.
8.3.8 Copy of proposed period revenue and commission statements as specified.
A description, in detail, of your sanitation, preventive maintenance and regular replacement of worn and/or malfunctioning equipment programs.
Your proposed plans for advertising, merchandising and promotions for the first year of the contract, including marketing programs and menu features
and schedules for implementation.
A list of all products you will offer this account.
Other such information as the bidder deems pertinent for consideration by the University.
The University may request supplementary information as is sufficient, in the opinion of the University, to assure the University that the bidder's
competence, business organization, and financial resources are adequate to successfully perform the specified service.
The bidders shall furnish and include the above required data and information with the bid. Statements are required to be complete and accurate.
Omission, inaccuracy or misstatement may be sufficient cause for rejection of bid.
Subject: Vending for the University of Wisconsin - Manitowoc
We, the undersigned, in compliance with the Request for Bid Number RL-12-2388 for Cold Beverage Vending Service dated April, 2012, hereby bid the
following commissions and guarantees to the University of Wisconsin for vending machine net sales as follows. In making these bids acknowledge that we have
read and understood this Request for Bid and hereby submit our bid in accordance with the terms and conditions of the bid specifications and agree to fulfill our
legal obligations pursuant to the attached contractual provisions.
9.1 Itemized Commissions, Guarantee
Partial group
Commission %
Type of Machine
Commission %
9.1.1 Soft Drink including water
and sports drink
Natural Fruit
Juice & Teas
Cans or bottles
Or we guarantee a MAXIMUM ANNUAL GUARANTEE, whichever is greater.
Split Group (partial group)
9.2.1 The contractor, at its option,
may elect to quote a lower
annual guarantee
Note: Do not make an entry on this option unless a lower maximum annual guarantee is intended.
DATE __________
DATE __________
SIGNED ____________________________________________
DATE _____________________________________________
FIRM ______________________________________________
STATE ___________________________________
ZIP ______________________________
FEIN ______________________________________________
EMAIL _______________________________________________
University of Wisconsin - Manitowoc
Prepared By Bruce Peters
Date February, 2012
In an effort to provide the potential bidders with pertinent facts about the University, the following information shall be available by request from
Bruce Peters at UW-Manitowoc. Additional data and information may be requested by the bidders.
The statistical data provided in this Schedule does not constitute terms of the resulting contract. The data is included for informational purposes
1. University population
Fall/Spring Semester
Faculty and Staff
Academic Year
2. The University is currently receiving the 40% on all cold beverage vending sales.
3. For the purpose of bid evaluation, the University projects itemized net sales for 2012-2013 as follows:
Net Vending Sales
Item Category
Net Sales
Soft Drink including juice, sports drinks,
and water
Location and Vending Equipment Machine Count:
Machine Count
Lakeside Hall
Hillside Hall
All machines new
DOA-3027 N(R01/98)
The attached material submitted in response to Bid/Proposal includes proprietary and confidential information
which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be
kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below,
of this bid/proposal response be treated as confidential material and not be released without our written
Prices always become public information when bids/proposals are opened, and therefore cannot be kept
Other information cannot be kept confidential unless it is a trade secret.
Trade secret is defined in s.
134.90(1)(c), Wis. Stats. as follows:
"Trade secret" means information, including a formula, pattern,
compilation, program, device, method, technique or process to which all of the following apply:
1. The information derives independent economic value, actual or potential, from not being generally known to,
not being readily ascertainable by proper means by, other persons who can obtain economic value from its
disclosure or use.
2. The information is the subject of efforts to maintain its secrecy that are reasonable under the
We request that the following pages not be released
Page #
Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal
response will be open to examination and copying.
document to be insufficient.
The state considers other markings of confidential in the bid/proposal
The undersigned agrees to hold the state harmless for any damages arising out of the release of
any materials unless they are specifically identified above.
Company Name
Authorized Representative
Authorized Representative
Type or Print
This document can be made available in accessible formats to qualified individuals with disabilities.
SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model
numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired.
When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to
establish equivalency. The State of Wisconsin shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding
alternates to the specifications which may result in rejection of their bid/proposal.
DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be
described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the
bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be
held liable.
QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators,
obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the State of Wisconsin.
QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right to increase or
decrease quantities to meet actual needs.
DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified.
PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also
qualify for educational discounts. Unit prices shall reflect these discounts.
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.
Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices
shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be submitted
to the contracting agency thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to
fully documented cost increases to the contractor which are demonstrated to be industrywide. The conditions under which price
increases may be granted shall be expressed in bid/proposal documents and contracts or agreements.
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).
UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act.
ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, to waive
any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the
State of Wisconsin.
Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the
bid/proposal is due. Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail
system does not constitute receipt of a bid/proposal by the purchasing office.
METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified.
ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized
agency. No other purchase orders are authorized.
PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor invoices within thirty
(30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified.
Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including
reference to purchase order number and submittal to the correct address for processing.
A good faith dispute creates an exception to prompt payment.
TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state and local
taxes on its purchases except Wisconsin excise taxes as described below.
The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of
beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of
Wisconsin sales or use tax on its purchases. The State of Wisconsin may be subject to other states' taxes on its purchases in that
state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of
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.
ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this
request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply.
Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other
terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in
writing by the contracting authority.
APPLICABLE LAW: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times
comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this
contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel any contract with
a federally debarred contractor or a contractor which is presently identified on the list of parties excluded from federal procurement and
non-procurement contracts.
ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser). Therefore, the contractor
hereby assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in
connection with this contract.
ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without
the prior written consent of the State of Wisconsin.
WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged
in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent
(75%) of the total hours of direct labor are performed by severely handicapped individuals.
NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the
contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap,
sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m),
Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and s election for
training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to
ensure equal employment opportunities.
Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan
by the contractor. An exemption occurs from this requirement if the contractor has a workforce of less than twenty-five (25)
employees. Within fifteen (15) working days after the contract is awarded, the contractor must submit the plan to the contracting
state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from
the contracting state agency.
The contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be
provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law.
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.
PATENT INFRINGEMENT: The contractor selling to the State of Wisconsin the articles described herein guarantees the articles
were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles described
herein will not infringe any United States patent. The contractor covenants that it will at its own expense defend every suit which shall
be brought against the State of Wisconsin (provided that such contractor is promptly notified of such suit, and all papers therein are
delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will pay all
costs, damages, and profits recoverable in any such suit.
SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the State of Wisconsin must comply fully with
all safety requirements as set forth by the Wisconsin Administrative Code, the Rules of the Industrial Commission on Safety, and all
applicable OSHA Standards.
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.
INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall:
Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work.
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.
The state reserves the right to require higher or lower limits where warranted.
CANCELLATION: The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty due to
nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract.
VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the
State of Wisconsin.
PUBLIC RECORDS ACCESS: It is the intention of the state to maintain an open and public process in the solicitation,
submission, review, and approval of procurement activities.
Bid/proposal openings are public unless otherwise specified.
issuance of the notice of intent to award or the award of the contract.
Records may not be available for public inspection prior to
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 applicabl e 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.
Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the contracted
commodities or services cannot by copyrighted or patented. All data, documentation, and innovations become the property of the
State of Wisconsin.
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.
DISCLOSURE: If a state public official (s. 19.42, Wis. Stats.), a member of a state public official's immediate family, or any
organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest,
is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12)
month period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before
signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601, Madison,
Wisconsin 53703 (Telephone 608-266-8123).
State classified and former employees and certain University of Wisconsin faculty/staff are subject to separate disclosure
requirements, s. 16.417, Wis. Stats.
RECYCLED MATERIALS: The State of Wisconsin is required to purchase products incorporating recycled materials whenever
technically and economically feasible. Bidders are encouraged to bid products with recycled content which meet specifications.
MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as
defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and
one (1) copy with the invoice(s).
PROMOTIONAL ADVERTISING / NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its departments,
agencies or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this
procurement shall not be made without prior approval of the State of Wisconsin. Release of broadcast e-mails pertaining to this
procurement shall not be made without prior written authorization of the contracting agency.
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
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) 266-3590.
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