Rev 4/12 PS-12-2375 BID REQUEST

Rev 4/12 PS-12-2375 BID REQUEST
Rev 4/12
PS-12-2375
BID REQUEST
FOR AUTOMATED TELLER MACHINE SERVICE (ATM)
University of Wisconsin College – Sheboygan
Sheboygan, WI 53081
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SPECIAL TERMS AND CONDITIONS
1.1
INSPECTION OF PREMISES
Bidders 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: Ed Janairo, Assistant Dean
University of Wisconsin – Sheboygan
Telephone: 920-459-6601
FAX: 920-459-6602
E-mail: [email protected]
1.2
BASIS OF BID EVALUATION
The award shall be made to the bidder with the best commission rate and/or annual guarantee and the
lowest surcharge to ATM users (transaction fee) which is in the best interest of the University as
determined by the University. Priority shall be given to obtaining a low or no transaction surcharge
rate. 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 ATM 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.
1.3
CONTRACT COMMENCEMENT/LENGTH
It is the intent of the University to commence the resulting contract on or about August 15, 2012. The
effective date shall be based on the contractor's actual installation of equipment. The term of this
contract shall be for five (5) years from the effective date.
1.4
FIRM BIDS
All bids shall remain firm for a minimum of ninety (90) days from the date of bid opening.
1.5
CONTRACT CANCELLATION
1.5.1
The contract may be terminated by either party on the anniversary of the effective date in
any subsequent year of the contract, by providing the other party with written notice one
hundred and twenty (120) days prior to such anniversary date.
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1.6
1.5.2
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
substantial change in ownership or proprietorship of the contractor which in the opinion of
the University is not in its best interest.
1.5.3
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.
1.5.4
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 contract.
1.5.5
The University may discontinue this contract, in whole or in part, without penalty at any time
due to non-appropriation of funds.
1.5.6
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.
PARTIES TO THE CONTRACT
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 – Sheboygan, hereafter referred to
as the "University" and the successful bidder hereafter referred to as the "contractor" for the provision
of Automated Teller Machine services according to the terms set forth herein. The Assistant Dean
shall be the representative of the University responsible for the administration of the contract and
referred to herein as "the appropriate campus authority".
1.7
EXCUSED PERFORMANCE
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.
1.8
INSURANCE
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.
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1.8.1
COVERAGE AND MINIMUM LIMITS
Coverage
Minimum Limits
Worker's Compensation (WC)
Employer's Liability
Coverage (B)
Statutory
$100,000/500,000/100,000
Commercial General Liability (CGL)
General Aggregate incl. prdt/co
Each Occurrence
$1,000,000
$1,000,000
Automobile Liability (including hired & non-owned)
Combined Single Limit
$1,000,000
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 insurance is required to be in effect during the course of any remodeling, renovation or
construction done by or at the direction of the contractor.
1.8.2
Certificate of Insurance
Upon notification of award and prior to issuance of a contract, the contractor shall provide
the University a certificate of insurance with the required coverage and limits of insurance
issued by an insurance company that has an AM Best rating of A- licensed to do business in
the State of Wisconsin and signed by an authorized agent.
1.8.3
Commercial General Liability
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 loss of premises,
or damage to equipment, products or money resulting from any cause including that of subcontractors and shall not penalize the University for any losses incurred related to this
contract.
1.8.4
Covenant Requiring Notice
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 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 agency to automatically renew all policies and coverage in force at the start of
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and resulting from this contract until specified coverage requirements are revised.
1.8.5
Evidence of new Insurance
In the event of non-renewal, cancellation or expiration of insurance, the contractor shall
provide the University evidence of the new source(s) of required insurance within twentyone (21) calendar days after the University's receipt of the sixty (60) day notice. 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.
1.8.6
University Right to Cancel
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.
1.8.7
Contractor Agrees to Indemnify
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.
1.9
The contractor agrees that items relative to Automated Teller Machine 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.
1.10
The terms and obligations of this contract shall be applicable to Automated Teller Machine services
operated at the University. 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.
1.11
Recognizing that the successful performance of this contract is dependent on favorable response from
the users, the contractor shall meet regularly with authorized student committees and/or the
appropriate campus authority to review operations and make necessary adjustments. The contractor
agrees to maintain good public relations with students, faculty and staff.
1.12
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 System Office
of Procurement for approval prior to becoming effective. All required contract amendment(s) shall be
issued by System Office of Procurement.
1.13
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.
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1.14
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.
1.15
The contractor shall occupy and use the premises, as defined by the University, only for Automated
Teller Machine 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.
1.16
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 Automated Teller Machine service areas
and the contractor agrees to comply with such regulations.
PERSONNEL, EMPLOYMENT PRACTICES AND STAFFING:
Contractor Contract Personnel
2.1
The contractor shall provide headquarters management staff to review and inspect operations and fill
staff vacancies. The contractor shall appoint a Contract Administrator to consult with the University
on current and future ATM programs and act with full authority on the contractor's behalf in all
matters pertaining to contract requirements.
Personnel Relations
2.2
The contractor shall be responsible for personnel relations of pay-rolled employees. The contractor
shall comply with all applicable government regulations related to the employment, compensation,
and payment of personnel. On-campus personnel of the contractor shall observe all regulations of the
University.
Employee Identification
2.3
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The contractor shall provide employee identification which is mutually acceptable by the University.
FISCAL REQUIREMENTS:
3.1
3.2
All losses incurred by the Contractor in the process of ATM operations due to theft, fire,
accident, protest, etc., shall be the responsibility of the Contractor. Any profit or loss from
the operation of ATM after direct costs, Contractor's management and administration costs,
and commission and guarantee payments to the University, shall be the Contractor's.
Commissions shall be written on the enclosed bid submittal form by the contractor as follows:
3.2.1
Number of cents and fractions of cents per ATM transaction per machine.
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3.3
Accounting
Record Retention
3.3.1
The contractor shall maintain complete and accurate records of ATM transactions for each
machine following accepted industry accounting practices. All financial records and
statements of University operations shall be retained for three years from the close of each
year's operation.
Transaction Definition
3.3.2
An ATM transaction is defined as a single credit or debit of funds to cardholder's accounts.
This includes cash advance from a credit card, payment to credit card or loan transfer of
funds from one account to another and other debit or credit transactions accepted and
recorded by the national ATM network specified.
Under some circumstances, a balance inquiry may be defined as a transaction resulting from
a card holder requesting the balance in their account. The contractor shall indicate if a
balance inquiry is considered chargeable transaction.
Monthly Statement
3.3.3
The contractor shall provide the University with a monthly statement showing the number of
ATM transactions and commissions due per each ATM for the month and cumulative for the
contract year. The contractor shall provide a method to independently verify the transaction
counts each period to the satisfaction of the University. This method shall be developed
jointly by the University and the contractor and agreed to prior to the start of the contract.
The explanation of transactions shall include the commission check number and dollar
amount.
Transaction Count Disclosure
3.3.4
The contractor shall not be required to verify transaction counts by any method which might
result in the disclosure of confidential information to the University which is proprietary to
the contractor, any other financial institution, or group of financial institutions and would
violate any applicable law or regulation, including the joint rules of the Commissioner of
Banking and the Commissioner of Savings and Loan
Malfunction Reports
3.3.5
3.4
The contractor shall provide the University with a monthly report for each machine listing all
system malfunctions. This report shall list the date and time of each malfunction, the time of
service restoration, and the nature of the malfunction, and uptime percentage per location.
Payments
Commission Due Date
3.4.1
The contractor shall pay the University the commissions for each month transaction count on
or before the twentieth (20th) day of the month following the last day of the month in which
the commissions were earned. These payments shall be accompanied with a detailed
explanation of transactions by location and extension of commissions and an extension total
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of commissions due. Causes of abnormal numbers of transactions shall be noted by the
contractor as part of these statements.
3.4.2
All period commission statements and payments shall be sent to the University by the 20th
day following the last day of the period. Commissions or guarantee payments not received
by the University on the 20th day following the last day of the period in which they were
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. A summary of all commission payments and statements shall be sent
to System Office of Procurement by the University by the twentieth (20th) day following the
quarter: June, September, December and March.
Commission Paid Until ATM Removed
3.4.3
3.5
On contract expiration or termination, commissions due the University shall be paid on
transactions until all equipment has been removed. Removal dates shall be shown on the
period statement, including equipment removed any time during the contract.
Reports
3.5.1
The Contractor shall provide the appropriate campus authority a monthly statement showing
the number of transactions and commission due for the ATM for the month and the
cumulative for the Contract year.
3.5.2
The statement for each period shall also include a summary page detailing the monthly
commissions distribution payable to each Contract participant.
3.5.3
Final format for all reports will be mutually agreed upon by the appropriate campus
authority and the Contractor.
Statement Review
3.5.4
On request of the University the contractor shall meet with the University and review each
monthly statement, explain deviations, discuss problems, and mutually agree on courses of
action to improve the results of the required services included in this contract. Monthly
statement adjustments required because of review and/or audit shall be identified and
reflected on the next monthly statement.
Audit
3.5.5
All records on the operations of this ATM shall be open for inspection and/or audit by the
State and/or University of Wisconsin at any or all reasonable times.
Nothing in this contract shall be construed to require the contractor to provide or perform
any service or disclose any information which is illegal or contrary to applicable law or
regulation.
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EQUIPMENT, UTILITIES, SUPPLIES, MAINTENANCE AND SPACE USE:
Services Offered
4.1
The automated teller machines to be installed under the terms of this contract are to be certified by the
Pulse Corporation or other major provider as approved by the University and handicapped accessible
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“Limited service” ATM machines shall provide banking customers with at least the following
bank services:
1.
2.
3.
4.
5.
6.
7.
Cash withdrawal from checking
Cash withdrawal from Savings Accounts
Cash Advance from credit card
Transfer from checking to savings
Transfer from savings to checking
Balance Inquiry
Braille Keypad Access
Other services such as stamp sales is acceptable
ATM Networking
4.2
Each financial institution sharing the equipment shall determine the services available to its customers
through the machines according to each financial institution's operating policies.
4.2.1
The contractor shall allow other financial institutions to use the ATM to transact business
with their respective customers. The contractor may charge other institutions an appropriate
fee for such use. Equipment sharing arrangements and related fees shall be in compliance
with the joint rules of the Office of Commissioner of Banking and the Office of
Commissioner of Savings and Loan under Section 221.04(1) (K)1 of the statutes.
4.2.2
It is the University's desire to provide ATM users access to several financial institutions
through a national ATM network. Bidders shall state their affiliation(s) or their intent to
affiliate with networks as part of the bid submittal information.
Equipment Locations
4.3
The University requires ATM equipment to be installed by the contractor at the following locations:
 Commons (Cash only service)
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 eligible users.
Age of Equipment
4.4
The contractor may provide new or used equipment. Used equipment shall be reconditioned and
refurbished to act and appear like a new piece of equipment. Used equipment shall be inspected and
approved by the University before installation.
Equipment Installation and Test Period
4.5
The equipment shall be placed, installed and maintained at the sole expense and risk of the contractor.
All installation and alterations to the existing space and facilities shall have prior approval of the
Campus Contract Administrator, or designee. The Contractor shall assume the costs of decorating the
area including but not limited to painting, carpeting, and wall covering.
Condition of Premise at Termination or Expiration
4.6
Upon termination or expiration of this contract, contractor shall return the premises to the University
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in the same condition that the premises were in at the time the contractor entered. Reasonable use and
wear and physical alterations considered permanent are excepted. Within fifteen (15) days from
termination of this contract, the contractor shall have the right to remove furnishings, machinery and
equipment placed in, upon, or affixed to the premises by the contractor. However, the contractor shall
at its expense, repair any damage to the premises caused by the removal. The University, at its
option, shall retain intact the lease hold improvements, except the ATM equipment and identification
sign, or require that the contractor remove leasehold improvements within fifteen (15) days from
termination.
Eligible Users
4.7
ATS shall be available to all students, faculty, staff and visitors, hereinafter referred to as "eligible
users." It is understood that the Contractor has no control over any restrictions or limits that any
individual financial institution may impose upon any person having access to the ATM, including
persons who would otherwise be considered eligible users.
Promotional Advertising
4.8
Contractor agrees to work with the appropriate campus authority to provide access to terminal
displays for in-house advertising messages. Contractor may at any time preempt these messages to
instruct eligible users on how to use ATM equipment. No third party advertising shall be allowed on
any ATM covered under this contract unless approved by the appropriate campus authority. The
Campus Contract Administrator shall approve all advertising on the ATM terminal.
The University acknowledges that the Contractor has no control and is not responsible for any
promotional activities by other group financial institution or firms. The University shall provide and
assist the Contractor with means of presenting promotional display information to eligible users on
ATS equipment. Nothing herein shall limit the right of the Contractor or any financial institution to
include the designation of ATM equipment on any list of automatic banking facilities distributed or
published by such institution.
The Contractor agrees not to use promotional or marketing material which state expressly or by fair
implication that the University endorses either the Contractor or any sponsor of such material.
Equipment bearing UW – Sheboygan marks, logos or other indicia of the UW – Sheboygan must be
purchased from University licensees.
ATM Cards
4.9
The University shall not provide, design, issue, control and pay for the user identification transaction
plastic cards authorizing individual use of the ATM. The University may in the future consider a
banking partnership in which this may occur.
Utilities
4.10
Where necessary, utilities shall be brought to the equipment by the University. The contractor shall
be responsible for paying connection costs from the equipment to the provided utility source. The
contractor shall provide all communication lines, security and alarm circuits including conduit
whether on or off the premises. The routing and installation of these circuits and conduit must be
approved by the University. Telephone service including computer connection circuits shall be
available at the contractor's expense subject to availability of circuits.
The contractor shall be responsible for the cost of telephone line installation(s), monthly phone line
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charges, and hookup to ATM equipment and shall include alarm installation for the ATM location if
required by the contractor.
ATM Ownership
4.11
Ownership of all ATM equipment shall remain with the contractor. 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 repair expense shall be the contractor's.
Permits, Licenses, Operating Instructions
4.12
The contractor shall provide each ATM location with operating instructions and information on how
malfunction reports may be made. The University shall approve the display of all required permits,
licenses, price regulation, or other information.
Keys
4.13
The contractor is responsible for control of keys obtained from the University and the security of
those areas. The University shall designate the person responsible for key issue and periodic review
of key control. The contractor shall immediately report all the facts relating to losses incurred,
equipment damaged or break-ins to their equipment or into areas of the University to this person. The
contractor shall not duplicate keys provided by the University without approval of the University.
ATM Storage
4.14
ATM equipment not removed from the University upon termination of this contract after ten days
written notice to the contractor, may be placed in storage by the University. The contractor shall
assume all costs of removal and storage as well as product and revenue loss.
Preventive Maintenance Programs
4.15
The contractor shall institute and maintain a program of preventive maintenance and regular
replacement of worn, damaged, or malfunctioning ATM equipment.
Unanticipated Repairs
4.16
The contractor shall provide ATM maintenance and repair service from 7:00 A.M. to 6:00 P.M.,
Monday through Friday, excluding holidays. Repairs on weekends and holidays must be responded
to within twenty four hours. In the event of a major failure or malfunction, when the equipment will
be out of service for more than twenty four hours, the contractor shall install replacement equipment
or obtain permission from the appropriate campus authority to extend downtime and post notification
of alternate ATMs.
Industry Improvements
4.17
Industry improvements on ATM equipment occurring during the life of this contract may 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 may include the ability for students to access information or make payments to the
New Security Technology
4.18
The contractor shall keep the University informed of new industry security measures in use. The
University may, at its option, institute or execute new measures required to accomplish maximum
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property, product and revenue security when presented in writing by the contractor.
Custodial Service
4.19
The University shall provide custodial service on a schedule normally performed for like space. The
contractor shall clean and service the ATM equipment.
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5
BIDDERS' INFORMATION
The purpose of this invitation to bid is to obtain information 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 general description of
capabilities in the field of Automated Teller 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. Statements are required to be complete and accurate. Omission, inaccuracy or
misstatement may be sufficient cause for rejection of the bid. Emphasis should be on completeness and clarity
of content. Bidders information is required even if it is currently on file at UW System Office of Procurement
with previous or current bids.
Required Bidder's Information:
5.1
Name and address of operating company.
5.2
The duration and extent of experience in the operation of automated teller services. Explain in detail.
5.3
Describe the automated teller equipment to be used in providing automated teller service including
manufacturer's name and model number (attach brochures, pictures, etc., which fully describe the
equipment and service capabilities including type of card reader, transaction speed, security and other
performance feature characteristics).
5.4
Provide a list of locations where the equipment described in 5.3 above has been operating live in
shared mode for at least thirty (30) days.
5.5
Describe your current ATM network affiliation(s).
5.6
Description of your method of recording, checking and reporting transactions.
5.7
Describe in detail of your program of preventive maintenance and regular replacement of worn and/or
malfunctioning equipment. Describe whether maintenance and programming are located in-house or
are subcontracted.
5.8
Indicate if a balance inquiry transaction is considered a chargeable transaction.
5.9
Indicate desired malfunction report frequency.
5.10
Other information as the bidder deems pertinent for consideration by the University.
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6
BID SUBMITTAL FORM FOR AUTOMATED TELLER SERVICE
Subject: Automated Teller Service for University of Wisconsin – Sheboygan. We, the undersigned, in
compliance with the Quotation Request Number PS-12-2375 for Automated Teller Machine Service dated
May, 2012, bid the following commission and guarantee to the University of Wisconsin. In making this bid we
acknowledge that we have read and understood this Quotation Request and 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.
6.1
The undersigned agrees to pay a composite commission per ATM transaction of $
6.2
The undersign proposes to charge the following surcharge per ATM user transaction of
_______________________________________ cents ($______________.)
Note: The University will give preference to no surcharge bids.
BY _______________________________________________
SIGNATURE _______________________________________
TITLE______________________________________________
DATE ______________________________________________
FIRM _______________________________________________
ADDRESS ____________________________________________
CITY ________________________________________________
STATE
ZIP __________
PHONE _______________________________________________
FEIN _________________________________________________
EMAIL _______________________________________________
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.
APPENDIX A INFORMATION
University of Wisconsin ─College – Sheboygan
Prepared by ─ Ed Janairo
Date ─ 4/2012
1. The limited service ATM will be located in the Commons Building
2.
Transaction counts are approximately 1,200 per year.
The University estimates the year transactions for the ATM to be 1,200 per year. This estimate shall be used as part
of bid evaluation.
3.
Estimate University Population
Student Enrollment 2010 to 2013
Fall/Spring Semester by Year
2009-2010
2010-2011
2011-2012
2012-2013 Estimate
Faculty and Staff
Academic Year Estimate:
65
Summer Session Estimate:
40
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Enrollment
612
639
649
649
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 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.
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. 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.
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 State of Wisconsin.
4.0
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.
5.0
6.0
7.0
8.0
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.
6.1
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.
6.2
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 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 industry wide. The conditions under which price increases may be
granted shall be expressed in bid/proposal documents and contracts or agreements.
6.3
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).
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.
9.0
METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise
specified.
10.0
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.
11.0
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.
15
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.
12.0
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 materials.
13.0
14.0
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.
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.
15.0
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 nonprocurement contracts.
16.0
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.
17.0
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 State of Wisconsin.
18.0
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.
19.0
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 selection for training, including
apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to
ensure equal employment opportunities.
19.1
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.
19.2
The contractor agrees to post in conspicuous places, available for employees and applicants for employment,
16
a notice to be provided by the contracting state agency that sets forth the provisions of the State of
Wisconsin's nondiscrimination law.
19.3
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.
20.0
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.
21.0
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.
22.0
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.
23.0
INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall:
23.1
Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in
the work.
23.2
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.
23.3
The state reserves the right to require higher or lower limits where warranted.
24.0
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.
25.0
VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their
payments offset by the State of Wisconsin.
26.0
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. 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 by 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
17
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.
28.0
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.
29.0
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.
30.0
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 with the invoice(s).
31.0
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.
32.0
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.
33.0
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) 266-3590.
18
STATE OF WISCONSIN
DOA-3027 N(R01/98)
DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION
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 approval.
Prices always become public information when bids/proposals are opened, and therefore cannot be kept
confidential.
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,
and 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 circumstances.
We request that the following pages not be released
Section
Page #
Topic
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED,
THE UNDERSIGNED HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSARY
ASSISTANCE TO DEFEND THE DESIGNATION OF CONFIDENTIALITY AND AGREES TO HOLD THE
STATE HARMLESS FOR ANY COSTS OR DAMAGES ARISING OUT OF THE STATE'S AGREEING TO
WITHHOLD THE MATERIALS.
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. The state considers other markings of confidential
in the bid/proposal document to be insufficient. 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 ___________________________________________
Signature
Authorized Representative ___________________________________________
Type or Print
Date
___________________________________________
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