State of Wisconsin Wis. Statutes s.16.75 DOA-3070 (R08/2003) BIDS MUST BE SEALED AND ADDRESSED TO: AGENCY ADDRESS: Remove from bidder list for this commodity/service. (Return this page only.) Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid #SS-1404. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award. University of Wisconsin-Eau Claire Purchasing Office, Schofield Hall 103 105 Garfield Ave. Eau Claire, WI 54701 REQUEST FOR BID SS-1404 Bids MUST be in this office no later than THIS IS NOT AN ORDER BIDDER (Name and Address) July 15, 2013 2:30 PM Name (Contact for further information) Steve Slind Date 715-836-4643 June 25, 2013 Quote Price and Delivery FOB Destination Installed Fax bids are accepted Item No. Quantity and Unit Fax bids are not accepted Price Per Unit Description Total University of Wisconsin-Eau Claire Materials Science Center Requests Bids For An Electrophoretic Mobility/Zeta Potential And Size/Size Distribution Instrument. Bids will be accepted per the: Special Conditions of Bid Standard Terms and Conditions Specifications of Bid Technical Questions Contact: Elizabeth Glogowski 715-836-3445 or [email protected] Fax Bids To: 715-836-2020 Payment Terms Delivery Time We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids. We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605. Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States. Yes No Unknown In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid. Name of Authorized Company Representative (Type or Print) Title Signature of Above Date Phone ( Fax ( Federal Employer Identification No. This form can be made available in accessible formats upon request to qualified individuals with disabilities. ) ) Social Security No. if Sole Proprietor (Voluntary) Wisconsin Department of Administration Chs. 16, 19, 51 DOA-3054 (R10/2005) Page 1 of 3 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 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified. 6.0 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 s hall 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 increas es 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). 7.0 UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act. 8.0 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. 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 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. 14.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority. 15.0 APPLICABLE LAW AND COMPLIANCE: 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 this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. The State of Wisconsin also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement 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, 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 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 Wisconsin. VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of 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 be copyrighted or patented. All data, documentation, and innovations become the property of the State of Wisconsin. 27.2 Any material submitted by the vendor in response to this request that the vendor considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary Information form (DOA-3027). Bidders/proposers may request the form if it is not part of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential. 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) 261-7577. 34.0 WORK CENTER PROGRAM: The successful bidder/proposer shall agree to implement processes that allow the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to purchase goods and services produced by work centers cer tified under the State Use Law, s.16.752, Wis. Stat. This shall result in requiring the successful bidder/proposer to include products provided by work centers in its catalog for State agencies and campuses or to block the sale of comparable items to State agencies and campuses. 35.0 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this Agreement in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party. STATE OF WISCONSIN DOA-3027 N(R01/98) DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION The attached material submitted in response to Bid/Proposal # SS-1404 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 ___________________________________________ This document can be made available in accessible formats to qualified individuals with disabilities Division of State Agency Services State Bureau of Procurement State of Wisconsin Department of Administration DOA-3333 (R03/2004) Vendor Agreement Wisconsin’s Cooperative Purchasing Service Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts. Participating in the service gives vendors opportunities for additional sales without additional bidding. Municipalities use the service to expedite purchases. A "municipality" is defined as any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis.Stats. Interested municipalities: will contact the contractor directly to place orders referencing the state agency contract number; and are responsible for receipt, acceptance, inspection of commodities directly from the contractor, and making payment directly to the contractor. The State of Wisconsin is not a party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases. The State of Wisconsin will determine the contractor’s participation by checking a box below. MANDATORY: Bidders/Proposers must agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. Vendors should note any special conditions below. OPTIONAL: Bidders/Proposers may or may not agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. A vendor’s decision on participating in this service has no effect on awarding this contract. A vendor in the service may specify minimum order sizes by volume or dollar amount, additional charges beyond normal delivery areas, or other minimal changes for municipalities. Vendor: please check one of the following boxes in response. I Agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities with any special conditions noted below. I Do Not Agree to furnish the commodities or services to Wisconsin municipalities. Special Conditions (if applicable): Signature Date (mm/dd/ccyy) Name (Type or Print) Title Company Telephone ( Address (Street) Commodity/Service City State ) ZIP + 4 Request for Bid/Proposal Number This form can be made available in accessible formats upon request to qualified individuals with disabilities UW-Eau Claire June 19, 2013 Electrophoretic Mobility/Zeta Potential and Size/Size Distribution Instrument Special Conditions of Bid Request for Bid SS-1404 SCOPE: The University of Wisconsin-Eau Claire is requesting bids from vendors for an Electrophoretic Mobility/Zeta Potential and Size/Size Distribution Instrument. The contractor selected will provide installation and staff training. All equipment shall be provided by the Contractor, except if specifically noted in the terms and conditions or specifications. The Contractor is responsible for installation. See SPECIFICATIONS, PRODUCT LISTS and/or ITEMIZED BID LIST for the minimum acceptable specifications for products desired. If you are bidding an alternative product, please provide complete specifications (performance features, and descriptive brochure or detail for units you propose to furnish), clearly identified by manufacturer’s name and catalog number. See “Standard Terms and Conditions,” items 1.0, 2 .0 and 3.0. Conditions of bid, which include the word “must” or “shall” describe a mandatory minimum requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification or condition of bid, purchasing reserves the right to delete that specification, condition of bid or item. Failure to meet a mandatory requirement could disqualify your bid. Revisions to this request for bid may be made only by an official written amendment issued by Purchasing. Retain a copy of your bid response for your files. If a contract is developed from this request for bid, these documents will become terms and conditions of the contract. MINORITY BUSINESS PARTICIPATION: The UW-Eau Claire is committed to the promotion of minority business in the State’s purchasing program and a goal of placing 5 percent of its total purchasing dollars with certified minority businesses. Authority for this program is found in Wisconsin Statutes 15.107(2), 16.75(4), and 16.755 and 560.036(2). A listing of certified minority businesses, as well as services and commodities they provide is available from Department of Commerce, Office of Minority Business Development: 608-261-7729. Questions regarding certification of minority businesses should be directed to DOA Minority Business Program at 608-267-7806. BID RESPONSE REQUIREMENTS: Send two copies of the requested documents listed below. If responding via Fax, send only one copy Fax and the second copy must be sent by, mail or courier within one (1) working day of the bid due date. 1. Request for Bid DOA-3070 (first page) 2. Designation of Confidential and Proprietary Information DOA-3027 3. Vendor Agreement DOA-3333 4. Vendor Reference DOA-3478 5. Specification Response Form and all Supporting Documents 6. Itemized Bid Form BIDDER QUALIFICATIONS: To be eligible for an award, you must be qualified and be able to provide the following as required. Failure to meet the qualifications or to provide this information may be cause for disqualification of your bid. 1. Bidder must designate a person in their company to provide on-going communication, coordinate service, answer questions and expedite delivery during the contract period. 2. Bidder must be an original manufacturer, distributor or a dealer authorized by the manufacturer to sell, install and service the instrument bid. All of the manufacturer’s product liability and warranty shall apply through the bidder’s contractual relationship with the manufacturer. Bidder shall be able to provide service and support for the instrument for the period that it is used at this location. 3. Bidder shall have a minimum of five years’ experience in the manufacture and/or sales; installation; and training with this type of instrumentation. 4. Bidder shall provide at least three (3) references where similar instruments have been installed in an educational environment. See DOA-3478 5. UW-Eau Claire shall be the sole judge of bidder’s qualifications. DELIVERY, STORAGE AND HANDLING: Instrument delivery is requested for as soon as possible after contractor receives a purchase order. Please indicate the lead time for delivery of the instrument on the itemized bid form. The actual delivery/installation scheduling will be coordinated with Elizabeth Glogowski, 715-836-3445; [email protected] F.O.B. Destination Freight Prepaid Included and Installed: Instrument is to be delivered to Phillips Science Hall 101 Roosevelt Avenue, Eau Claire WI 54701 unless an alternate location is approved by Elizabeth Glogowski or her designee. Bid prices are to include all packing, transportation, setup, insurance charges and instructional, service and operators manual charges. If bidding other than F.O.B. Destination, as stated above, F.O.B. point and shipping charges must be identified on the Itemized Bid Form. This cost will be added to the bid total for determining the award. Duty charges (FOB=DDP Destination Duty Paid), if applicable (includes but not limited to documentation fees, freight, customs clearance, tax, etc.), must be included in the proposed price and referenced as separate costs on the Itemized Bid List. A copy of the duty free paperwork, with the vendor portion filled out must be submitted to Purchasing at time of award. ON SITE SERVICE: In carrying out the scope of the project described in the RFB, the contractor may be required to perform services on University property. Bidders cost must include all business transportation and insurance charges. The insurance requirements listed in section 23.0 of the Standard Terms and Conditions are the minimum required by the State of Wisconsin. The contractor and any subcontractor receiving an award, from this bid must send a certificate of insurance to the purchasing office at UW-Eau Claire, which indicates compliance, prior to providing services. Certificate shall list UW-Eau Claire as the Certificate Holder. METHOD OF BID: Bidder shall submit item level prices, totals and lot totals where indicated on the Itemized Bid Form. METHOD OF AWARD: Award shall be made on the basis of the lowest cost bid for the instrument, accessories and supplies that is in the best interest of the University. Timeliness of delivery, installation and staff training may be used in the evaluation of bid submittals when appropriate. INVOICING AND PAYMENT: Invoices shall be sent to the Accounts Payable address indicated on the purchase order. All invoices shall reference the purchase order number. The University must meet a statutory mandate to pay or reject an invoice within 30 days of receipt of a properly submitted invoice. Payments to Contractors under the contract documents will be made as provided for in Sect. 16.855(19) Wis. Stats. ADDITIONAL INFORMATION: 1. Contractor shall hold the State Harmless and shall indemnify the State and its agencies and employees against any and all claims, suits, action, liabilities and costs of any kind, including attorney’s fees, for personal injury or to property arising from the acts or omissions of the Contractor, its agents, officer, employees or subcontractors. Contractor shall not be liable for any injury or damage as a result of any negligent act or omission committed by the State. 2. Property Damage: Should university equipment or buildings be damaged as a result of sole negligence of the contractor during the installation and training the contractor will be responsible for repairing to the original condition or replacement. The university will have the final say on whether repair or replacement is acceptable. 3. Technical questions regarding this commodity should be directed to Elizabeth Glogowski 715-836-3445. Contact Steve Slind, 715-836-4643 if you have questions regarding the bid process. NOTIFICATION TO BIDDERS: The State has implemented a registration service on an internet system called “VendorNet” to enable vendors to receive notice of all official sealed bids/proposals (over $50,000.00) as solicited by all state agencies. To obtain information on the state’s bidder registration, please visit the VendorNet web site at http://vendornet.state.wi.us or call the VendorNet Information Center (1-800-482-7813). In the Madison area, please call 264-7897. SAFETY: Any equipment bid must come complete with all safety shield, decals and warning labels at time of delivery. Equipment must meet all safety regulations in place for this type of research equipment. PARKING: The contractor is responsible for acquiring parking passes for vehicles on campus during the installation process. All parking rules and regulations must be observed. For parking information contact Parking and Transportation at 715-8362002. WARRANTY: Bidder must be prepared to guarantee all materials, labor, workmanship, and equipment, etc., for one (1) year from the date of the approved installation. This guarantee shall include all labor, material and travel time. Warranty shall cover any and all system failure or malfunction not directly attributable to acts of God, abuse or use contrary to written instructions from the manufacturer. Respond with remedy to a trouble call within 24 hours after receipt of such call during normal weekday hours, within 48 hours after receipt of such a call during the weekend. Provide service phone number valid during normal business hours (8:00 a.m. – 5:00 p.m. CST) Monday through Friday. During warranty period, provide temporary “loaner” replacement equipment without charge when immediate repairs cannot be made on site. ENERGY STAR: The State encourages the use of equipment which meets the Environmental Protection Agency (EPA) Energy Star requirements. The Energy Star Program is a voluntary contract between an Original Equipment Manufacturer (OEM) and the EPA. It is not mandatory that every device offered meet Energy Star requirements but the bulk of the product line should be energy efficient. ENVIRONMENTALLY FRIENDLY (“GREEN”) PRODUCT; Contractors are encouraged to identify products that are made of recycled products, that use environmentally friendly production methods, or that can be recycled at the end of their service life. The University will make every effort to purchase “Green” products wherever feasible or possible based on individual project needs and funding available. BACKGROUND CHECKS: The contractor warrants they are supplying employees who have passed a background check. The contractor warrants they are screening employees for: Social Security Trace, County Level Criminal Search (in all counties as found by the trace), and National Sex Offender Search in a background check. Contractor agrees to defend, indemnify and hold harmless the University, its officers, directors and employees for any claims, suits or proceedings alleging a breach of the warranty. CHILD ABUSE AND NEGLECT: On December 19, 2011, Governor Scott Walker signed Executive Order #54 that states “all University of Wisconsin System (UWS) professors, administrators, coaches, and other UWS employees shall report child abuse or neglect immediately if the employee, in the course of employment, observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the employee has reasonable cause to believe that child abuse or neglect has occurred or will occur.” A child “means a person who is less than 18 years old.” In entering into a contract with the University of Wisconsin-Eau Claire to provide services, you become a mandated reporter per Executive Order #54. If, in the course of your company’s contractual service, the contractor (or its agent or employee) observes an incident or threat of child abuse or neglect, or learns of an incident of child abuse or neglect, you are required to report it. Report your concerns of child abuse or neglect to either the UW-Eau Claire Police Department at 715-836-2222, the Eau Claire City/County Police Department at 715-839-4972, or Eau Claire Human Services at 715839-2300. The UW-System Child Safety website http://www.uwsa.edu/gc-off/child-safety has been prepared to help comply with Executive Order #54 and continue to keep our UW communities safe places for children. The website includes links to Executive Order #54, FAQs, Guidelines, and other UW-System and State resources. UW-Eau Claire June 19, 2013 Electrophoretic Mobility/Zeta Potential and Size/Size Distribution Instrument Specification Response Form Request for Bid SS-1404 The instrument shall have the following features/capabilities: Please provide an explanation for each no answer. Instrument Meets The Specification Yes No 1. The instrument must be able to measure electrophoretic mobility and calculate zeta potential in the range of -100 mV to +100 mV, including samples with zeta potentials near or at zero and particle diameters of 2 nm to 2 um. The instrument must be able to measure average particle or polymer aggregate size and size distribution, of at least 2 nm to 2 um in diameter, preferably using light scattering. Throughout the rest of this specification, zeta potential will be used to refer to measuring electrophoretic mobility and whatever method is used to calculate zeta potential, and particle size will be used to refer to measuring size and size distribution and however size/size distribution is measured and calculated. ____ ____ 2. The instrument must be able to collect both zeta potential and size data on at least the following types of samples: polymeric solutions, nanoparticles, and colloids. ____ ____ ____ ____ 4. The instrument must be able to collect both size and zeta potential data using one sample holder or cuvette, i.e. it must not be required to prepare and run two separate samples to obtain both size and zeta potential results. ____ ____ 5. The instrument must be able to collect zeta potential and sizing data in buffered solutions up to at least 100 mM ____ ____ 6. The sample volume required must be less than 1 mL total, including any tubing or dead volume. ____ ____ 7. The instrument and software must be able to automatically determine optimal conditions for data collection. ____ ____ 8. The instrument must be robust and operable in an environment where the surrounding lab has ongoing wet chemistry, vacuum pumps, glove boxes, and other potential sources of background noise. ____ ____ 3. The method for obtaining results (how electrophoretic mobility is measured and how zeta potential is calculated, and how size and size distribution are measured and calculated) must be clearly specified in response to these specifications including such parameters as laser wavelength, detection angle, models used, etc. Please attach documentation to your response. Instrument Meets The Specification Yes No 9. The instrument must have variable temperature capabilities. The functional temperature range must be at least 20 °C to 85 °C ±0.2°C. Any accessories required to operate the instrument within this range must be included. All accessories included in this bid must be able to operate within this temperature range or alternative accessories must be included and specified. ____ ____ 10. The instrument must have programmable temperature functionality. It must be possible to set up a program to do temperature ramps from 20 °C to 85 °C taking both size and zeta potential measurements at specified temperature intervals, including at least taking measurements for both size and zeta potential per degree. A method to ensure temperature stability must be in place and specified. ____ ____ 11. The system must be able to measure zeta potential and size in different solvents, including water, buffered aqueous systems ranging in pH from 4 to 12, and organic solvents including at minimum tetrahydrofuran and toluene. Any limitations on organic solvent compatibility must be specified. Any accessories required to run these solvents must be included in the bid price and listed below in response to these specifications. ____ ____ 12. The instrument must be able to provide data for fluorescent samples. Specifically, samples that have a maximum fluorescence excitation at 491 nm and maximum fluorescence emission at 521 nm, and samples that have a maximum fluorescence excitation at 540 nm and maximum fluorescence emission at 573 nm must be able to be run for both zeta potential and size. If any accessories are required to run these samples, they must be included. Successful results (matching known values for zeta potential and size within 10%) from a fluorescent sample provided by UW-Eau Claire must be provided from the vendor before a contract is awarded. ____ ____ 13. The computer requirements to operate the instrument must be specified. If the computer to operate the instrument must be provided by the vendor, it must be included in the response to this bid. ____ ____ ____ ____ 15. The software must be able to export both zeta potential and size/size distribution data to a csv formatted file or a comparable format. Raw data (i.e. electrophoretic mobility and autocorrelation function data) must be accessible and easily visualized for trouble shooting. It is preferred that raw data is available in numerical format rather than just in visual format and can be exported. ____ ____ 16. The instrument must be able to collect multiple data points or measurements and allow the user to specify how the data is averaged. The instrument and software should allow exporting the individual data points in addition to averaged data points. ____ ____ 14. Any facilities requirements must be specified, such as house air, nitrogen, water cooling lab bench dimensions, and lab bench stability. List Below or Attach: Instrument Meets The Specification Yes No 17. Models for calculating zeta potential must be included with the software, including at minimum the Smoluchowski model. ____ ____ 18. The ability to add user-provided sample information and solvent information and parameters must be an option in the software. ____ ____ 19. A laser locking mechanism must be present to prevent operation of the instrument when the sample chamber is open. ____ ____ 20. The instrument must have automatic features that prevent damage to the instrument due to user error in selecting settings. ____ ____ 21. The instrument must be easy to operate by undergraduate students. Maintenance must be minimal and straightforward. ____ ____ 22. A system with the flexibility to add additional features and accessories, such as an autotitrator or solid sample capability is desirable, and could receive preference. ____ ____ 23. An annual estimated cost must be provided, including any required maintenance, and the cost of consumables assuming average usage of the instrument of 3 times per week annually. If disposable cuvettes are required for operation, please list the cost specifically for these items at regular long-term university pricing, rather than pricing specific for this bid, how many uses the cuvettes typically work for, and any solvent or sample compatibility issues. One year of estimated costs shall be taken into account when considering the total cost. ____ ____ 24. A warranty must be provided for at least one year from the date of installation, and the warranty must cover all defects in materials and workmanship. ____ ____ 25. Installation at UW-Eau Claire Phillips Hall must be provided by a factory-trained and accredited field service engineer. Preference may be given to the earliest delivery and installation date. Please indicate on the itemized bid form when the earliest delivery and installation date would be. ____ ____ 26. Training at UW-Eau Claire must be provided by a factory-trained and accredited field service engineer. Training must include basic operation for multiple users and safety and maintenance information for faculty and staff. Sufficient time for all training must be included. ____ ____ 27. At least three calibration standards for zeta potential (-50 to +50 mV) and at least three standards for size (2 nm to 2 um diameter) must be provided. The standards included must be listed. A sufficient quantity of standards must be provided for at least one year of operation. ____ ____ 28. Instructional, service, and operators manuals must be provided as either a downloadable electronic document in pdf format or paper copy. ____ ____ ____ ____ 29. Shipping must be included through the delivery location. The vendor will notify UW-Eau Claire of the precise delivery date at least one week in advance of shipment. Instrument Meets The Specification Yes No 30. Products must be delivered outside Phillips Science Hall, 101 Roosevelt Avenue, Eau Claire, WI 54701. All packing, transportation, set-up, and insurance charges must be included. Installation schedule shall be coordinated with Liz Glogowski, 715-836-3445 or another MSC staff member if designated after an award. ____ ____ 31. Duty charges (FOB=DDP Destination Duty Paid), if applicable (includes but not limited to documentation fees, freight, customs clearance, tax, etc.), must be included in the proposed price and referenced as separate costs on the Itemized Bid List. A copy of the duty free paperwork, with the vendor portion filled out must be submitted to Purchasing at time of award. ____ ____ UW-Eau Claire June 19, 2013 Electrophoretic Mobility/Zeta Potential and Size/Size Distribution Instrument Request for Bid SS- 1404 Itemized Bid Form Item 1 Quantity 1 each Description Electrophoretic Mobility/Zeta Potential and Size/Size Distribution Instrument $______________ Manufacturer: ___________________________ Model/Part Number: ______________________ 2 1 lot The instrument must have variable temperature capabilities. The functional temperature range must be at least 20 °C to 90 °C ±0.2°C. Any accessories required to operate the instrument within this range must be included. All accessories included in this bid must be able to operate within this temperature range or alternative accessories must be included and specified. List All: $______________ 3 1 lot The system must be able to measure zeta potential and size in different solvents, including water, buffered aqueous systems ranging in pH from 4 to 12, and organic solvents including at minimum tetrahydrofuran and toluene. Any limitations on organic solvent compatibility must be specified. Any accessories required to run these solvents must be included in the bid price and listed below in response to these specifications. List All: $______________ 4 1 lot Any accessories not previously listed that are required to meet specifications. List All: $______________ 5 1 lot Annual cost of consumables assuming average usage of instrument to be three (3) times per week (regular university pricing) List All: $______________ 6 1 Each Computer (if campus standard computer is not compatible with the instrument) $______________ 7 1 Each Installation $______________ 8 1 Each Training (at UW-Eau Claire) $______________ All prices shall include shipping/delivery charges. Total $______________ Instrument can be delivered, installed and staff trained ___________________ weeks after the contractor receives an order. Bidder Information: Company Name: __________________________________ Address: __________________________________ __________________________________ __________________________________ Phone: ________________________________ Fax: ______________________________ Authorized Signature: _______________________________ _______________________________ Print Name Date: _____________________________________________ Customer Service Contact if Different from Above: Name: ____________________________________________ Phone: _____________________________ E-mail: ____________________________ Fax: ______________________________ SUBMITTAL INSTRUCTIONS A completed and signed bid response must be received and time stamped in by UW-Eau Claire Purchasing prior to the stated opening time to be considered. Bids not so stamped shall be considered late. Late bids shall be rejected. We have supplied you with a return label. Please fill in your vendor name on the return label to help us identify this transaction. Not using the pre-addressed label to submit your proposal properly and clearly marked is subject to rejection. RETURN ADDRESS LABEL: OFFICIAL SEALED BID NUMBER: SS-1404 TITLE: Electrophoretic Mobility/Zeta Potential and Size/Size Distribution Instrument DUE DATE: July 15, 2013 TIME: 2:30 PM CT PUBLIC OPENING INSERT VENDOR NAME HERE: ____________________________________ ADDRESS: ________________________________________________ ________________________________________________ ________________________________________________ UNIVERSITY OF WISCONSIN-EAU CLAIRE PURCHASING OFFICE SCHOFIELD HALL 103 105 GARFIELD AVENUE EAU CLAIRE, WI 54701 STATE OF WISCONSIN DOA-3478 (R12/96) Bid / Proposal # SS-1404 VENDOR REFERENCE FOR VENDOR: Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) used for four (4) or more installations with requirements similar to those included in this solicitation document. If vendor is proposing any arrangement involving a third party, the named references should also be involved in a similar arrangement. Company Name Address (include Zip + 4) Contact Person Phone No. Product(s) and/or Service(s) Used Company Name Address (include Zip + 4) Contact Person Phone No. Product(s) and/or Service(s) Used Company Name Address (include Zip + 4) Contact Person Phone No Product(s) and/or Service(s) Used Company Name Address (include Zip + 4) Contact Person Phone No. Product(s) and/or Service(s) Used This document can be made available in accessible formats to qualified individuals with disabilities.
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