University of Wisconsin - Madison REQUEST FOR BID

University of Wisconsin - Madison REQUEST FOR BID

University of Wisconsin - Madison

REQUEST FOR BID

THIS IS NOT AN ORDER

OFFICIAL SEALED

BID NUMBER: 14-0005

ISSUE DATE: 08/21/13

DUE DATE: 09/11/13 2:00 PM CDT

If

NO BID

(check here) and return.

AGENT:

Lisa Clemmons

Questions regarding this bid

see Section 3.1

For Submittal of Bid Instructions

– see Section #1.

Bid prices and terms shall be firm for sixty (60) days from the date of bid opening, unless otherwise specified in this Request for Bid by the UW-Madison Purchasing

Services.

Unless otherwise noted, public openings will be on the date and time specified. Award(s), if any, will be made as soon thereafter as possible.

The bid abstract will be on file and is open to public inspection only after award determination has been made.

TURNKEY THEATRICAL INTELLIGENT LIGHTING SYSTEM FOR THE KOHL CENTER

NOTE:

Mandatory site visit will be held on Tuesday, September 3, 2013 at 11:00 a.m. See Section 3.3 for details.

In signing this bid, we have read and fully understand and agree to all terms, conditions and specifications and acknowledge that the UW-Madison

Purchasing Services bid document on file shall be the controlling document for any resulting contract. We certify that we have not, either directly or indirectly, entered into any contract or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the stated statement is accurate under penalty of perjury. I certify that the information I have provided in this bid is true and I understand that any false, misleading or missing information may disqualify the bid.

By submitting a bid, the bidder certifies that no relationship exists between the bidder and the University that interferes with fair competition or is a

Conflict of Interest, and no relationship exists between such bidder and another person or firm that constitutes a Conflict of Interest. Further, bidder certifies that no employee of the University whose duties relate to this request for bid assisted the bidder in preparing the bid in any way other than in his or her official capacity and scope of employment.

The Bidder certifies by submission of the bid that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

COMPANY NAME:

COMPANY STREET ADDRESS:

COMPANY CITY, STATE & ZIP:

SIGNATURE: DATE :

TYPE OR PRINT NAME:

TITLE:

TELEPHONE NUMBER: ( ) FAX NUMBER: ( )

EMAIL ADDRESS:

FEIN NUMBER: DUNS #:

UNIVERSITY OF WISCONSIN BID NO.: 14-0005

TABLE OF CONTENTS

SECTION #1: SUBMITTAL INSTRUCTIONS

SECTION #2: GENERAL INFORMATION

2.1 Purpose

2.2

2.3

Definitions

Wisconsin Sales and Use Tax Registration

2.4

2.5

2.6

2.7

VendorNet

Campus Delivery Requirements

Parking

Promotional Materials/Endorsements

2.8 Energy Star

2.9 Supplier Diversity

SECTION #3: RFB PROCESS INSTRUCTIONS

3.1

3.2

3.3

Clarifications and/or Revisions through Designated Contact

Applicable Dates

Site Visit

3.4 Oral Presentations, Product Demonstrations and Site Visits (Pre Award)

3.5 Proprietary Information

3.6 Reasonable Accommodations

3.7 Method of Bid

3.8 Method of Award

SECTION #4: BIDDER QUALIFICATIONS

4.1 Bidder Contact Information

4.2

4.3

4.4

4.5

Bidder Experience

Authorization

Client List/References

Debarment

SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 F.O.B. Destination Freight Prepaid Included and Installed

–AND/OR-

5.1

5.2

On Site Service

Timeliness of Delivery

5.3

5.4

5.5

5.6

5.7

5.8

5.9

Acceptance and Testing (Post Award)

Payment Terms

Shipments, Duplicates and Overshipments

Training

Insurance

Subcontracting

Record and Audit

5.10 Entire Contract

SECTION #6: SPECIFICATIONS

6.2 Warranty

6.3 Maintenance and Repair

6.5 Employee Identification

ATTACHMENT A BIDDER RESPONSE SHEET

ATTACHMENT B SPECIFICATIONS

ATTACHMENT C ITEMIZED BID LIST

ATTACHMENT D VENDOR INFORMATION SHEET

ATTACHMENT E CLIENT REFERENCE LIST

ATTACHMENT F STANDARD TERMS AND CONDITIONS

ATTACHMENT G CERTIFICATION OF SITE VISIT FORM

7

8-9

PAGE

1-2

3-4

5-6

10-11

12-13

14-21

22

23-24

25

26-30

31

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

INTRODUCTION

BID NO.: 14-0005

PAGE 1 OF 31

SECTION #1: SUBMITTAL INSTRUCTIONS

BIDS MUST BE DELIVERED TO:

Purchasing Services, 21 N. Park Street, Suite 6101, Madison, WI 53715-1218.

NUMBER OF COPIES TO BE SUBMITTED:

Two (2) hard copies of the completed bids, including the signed original, may be mailed, delivered by Bidder, or by a third-party/courier service in a sealed envelope or package with the RFB number on the outside. Bids must be received and date/time stamped prior to 2:00 p.m. CDT on the stated bid due date. Bids not so date/time stamped shall be considered late. Late bids shall be rejected.

If hand delivering,

call 608-262-1526

when you arrive at Purchasing Services,

Suite 6101

for assistance.

If faxing or e-mailing, the University will accept completed bids faxed to (608) 262-4467 or e-mailed to [email protected]

], provided (i) they are date/time stamped prior to 2:00 p.m. CDT on the stated bid due date (.) [AND

(ii) the number of copies indicated above are mailed or hand delivered to Purchasing Services, 21 N. Park Street, Suite

6101, Madison, WI 53715-1218 by 2:00 p.m. CDT on the next business day following stated bid due date.

Submitting a bid to any other e-mail address than [email protected]

does not constitute receipt of a valid bid by

Purchasing Services. Proof of transmission doesn't constitute proof of receipt. E-mail submissions

must

be a scanned copy of the document with ACTUAL signatures and initials (not typed or electronic signatures) , or those pages that require signatures and/or initials must be signed and returned via fax (608-262-4467) and should be received prior to 2:00 p.m. CDT on the stated due date.

VENDOR NOTE: FOR THE PURPOSES OF THE RETURN ADDRESS LABEL, IF THE ADDRESS IS THE SAME

AS YOU LISTED ON THE REQUEST FOR BID FORM

– YOU DO NOT NEED TO FILL OUT THE RETURN

ADDRESS LABEL.

RETURN ADDRESS LABEL:

Below is a label that can be taped to the outside of your sealed bid response. If returning your bid response by mail or in person, please fill out the information and tape to the outside of your bid package.

OFFICIAL SEALED BID

NUMBER: 14-0005

DUE DATE: 09/11/13 TIME: 2:00 PM CDT

SHIP FROM:

VENDOR NAME HERE: ______________________________________

ADDRESS: ________________________________________________

________________________________________________

________________________________________________

SHIP TO:

UNIVERSITY OF WISCONSIN-MADISON

PURCHASING SERVICES

21 N PARK ST, SUITE 6101

MADISON, WI 53715-1218

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 2 OF 31

1.1 BID RESPONSE REQUIREMENTS:

In order for your bid to be considered, the following forms/information must be completed and submitted as part of your bid response. Failure to provide these forms/information with your bid submittal may disqualify your bid.

1. Request for Bid Form

(signed)

2. Bidder Response Sheet (including attachments as requested on Bidder Response Sheet) (Attachment A)

3. Specifications, descriptive brochure and detail for the item(s) bid (Section 6) (Attachment B)

4. Itemized Bid List (Attachment C)

5. Vendor Information Sheet (Attachment D)

6. Client Reference List (Attachment E)

7. Certification of Site Visit form (Attachment G)

1.2 SEND TWO (2) COMPLETE SETS OF YOUR BID

(If faxing or e-mailing your bid, one copy is sufficient

do not

submit twice).

RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 3 OF 31

SECTION #2: GENERAL INFORMATION

Conditions of bid which include the word “must” or “shall” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification, condition of bid or provide a specific item/service on the Itemized Bid List, Purchasing reserves the right to delete that specification, condition of bid or item without having to complete the bid process again. FAILURE TO

MEET A MANDATORY REQUIREMENT SHALL DISQUALIFY YOUR BID. This contract bid document and the awarded bidder’s (Contractor’s) response information shall become the Contract.

2.1 Purpose:

The University of Wisconsin-Madison, hereinafter referred to as the "University", through its Purchasing

Services Department, hereinafter referred to as "Purchasing," on behalf of the Division of Intercollegiate

Athletics, hereinafter referred to as "Athletics," requests bids for the purchase of a turnkey Theatrical intelligent lighting system for the Kohl Center.

Scope:

See Specifications (Section 6 and Attachment B) and/or Itemized Bid List (Attachment C) for the minimum acceptable specifications for items/services desired. The estimated item quantities identified on the Itemized

Bid List are for bid purposes only. The University does not guarantee to purchase any specific quantity or dollar amount.

2.2 Definitions:

The following definitions are used throughout this document:

Agent

means UW Madison Purchasing Agent responsible for this Request for Bid. Full contact information can be found in Section 3.1.

Bidder

means a firm submitting a bid in response to this Request for Bid.

Contractor

means successful Bidder awarded the bid.

Department

means UW-Madison Division of Intercollegiate Athletics.

MBE

means Minority Business Enterprise.

DVB

means Disabled Veteran-Owned Business.

RFB

means Request for Bid.

State

means State of Wisconsin.

University

and

UW

both mean University of Wisconsin-Madison.

WBE

means Woman-Owned Business Enterprise.

2.3 Wisconsin Sales and Use Tax Registration:

No award can be made to a vendor who is not in compliance with Sec. 77.66 of the Wisconsin State Statutes

( vendornet.state.wi.us/vendornet/wocc/certtax.asp

) relating to sales and use tax certification.

If you have not established a certification for Collection of Sale and Use Tax status with the Wisconsin

Department of Revenue, the University and any other state agency can not issue any purchase orders to your firm. For additional information see http://www.dor.state.wi.us/html/vendlaw.html

2.4 VendorNet:

The State of Wisconsin has implemented a web-based registration system called “

VendorNet

” to enable registered vendors to receive notice of all Official Sealed Bids/Request for Proposals (over $50,000.00) as solicited by all state agencies.

To obtain information on the state’s bidder registration, visit the http://vendornet.state.wi.us

or call the VendorNet Information Center (1-800-482-7813). In the Madison area, call 264-7898.

VendorNet

Web site at

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

2.5 Campus Delivery Requirements:

BID NO.: 14-0005

PAGE 4 OF 31

Delivery of orders shall be made to University departments five days per week, Monday through Friday, during normal University business hours.

2.6 Parking:

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UW Transportation Services at 610 N. Walnut Street, WARF Building Room

#120, Madison, WI 53726 (608) 263-6667. No additional Contractor costs will be allowed for parking fees or violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed and/or towed.

2.7 Promotional Materials/Endorsements:

Contractor agrees that they will not use any promotional or marketing material which states expressly or implies that the University

endorses

either the Contractor or any party related to the Contractor or this Contract.

2.8 Energy Star:

The State encourages the use of equipment which meets the Environmental Protection Agency (EPA) Energy

Star™ requirements. The Energy Star Program is a voluntary contract between an

Original Equipment

Manufacturer ( OEM) and the EPA. It is not mandatory that every device offered under this bid meet Energy

Star requirements but the bulk of the product line should be energy efficient. Bidder should identify those items which meet the Energy Star requirements on the Bidder Response Sheet.

2.9 Supplier Diversity

2.9.1 Minority Business Enterprise Program (MBE)

The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses.

Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin

Statutes. The University of Wisconsin-Madison is committed to the promotion of minority business in the state's purchasing program.

The State of Wisconsin policy provides that Wisconsin Certified minority-owned business enterprises should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority-owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises.

The supplier/contractor shall furnish information at least once per year, in the format specified by the

University, about its purchases (including dollar amounts) from Wisconsin certified MBEs, and additional efforts made to achieve this goal.

A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Office of the Minority Business Program, 608/267-

7806. The listing is published on the Internet at: http://www.doa.state.wi.us/mbe/report2.asp?locid=0

2.9.2 Woman Owned Business (WBE)

The State of Wisconsin is committed to the promotion of Woman-Owned Businesses as outlined in

560.035, Wisconsin Statutes.

The State of Wisconsin policy provides that Woman-Owned Businesses certified by the Wisconsin

Department of Commerce should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to Woman-Owned Businesses or by using such businesses to provide goods and services incidental to this agreement.

2.9.3 Disabled Veteran Owned Business (DVB)

The State of Wisconsin policy provides that Disabled Veteran-Owned businesses certified by the

Wisconsin Department of Commerce should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to Disabled Veteran-Owned businesses or by using such enterprises to provide goods and services incidental to this agreement.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 5 OF 31

SECTION #3: RFB PROCESS INSTRUCTIONS

3.1 Clarifications and/or Revisions through Designated Contact:

All communications and/or questions in regard to this request must number. Bidders are encouraged to FAX or e-mail written questions to the Agent. Verbal questions, when permitted, must be directed to the Agent. be in writing and must reference the bid

If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this

RFB, they have

five (5)

business days after the bid issue date and time to notify, in writing, the Agent at the address shown below of such error and request modification or clarification of the RFB document. All written questions will be responded to in writing and provided to all bidders.

ADMINISTRATIVE: Lisa Clemmons

UW Purchasing

21 N Park St, Suite 6101

Madison, WI 53715-1218

E-mail: [email protected]

PHONE 608/262-0354 -- FAX 608/262-4467

TECHNICAL: Shay McElwain

E-mail: [email protected]

u

PHONE 608/213-6298

If a Bidder fails to notify the Purchasing Office of an error in the RFB document which is known to the Bidder, or which should have reasonably been known to the Bidder, then the Bidder shall submit a bid response at the

Bidder’s risk and if awarded a contract, shall not be entitled to additional compensation or delivery or installation time by reason of the error or its later correction.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, amendments and revisions will be provided to all recipients of this initial RFB.

3.2 Applicable Dates:

Date Event

August 21, 2013

August 28, 2013

September 3, 2013

– 11:00 a.m. CDT

Date of Issue of the RFB

Written questions due

Site Visit

September 11, 2013 -- 2:00 PM CDT RFB Due Date (Local Madison Time)

3.3 Site Visit:

Bidder must visit the job site prior to submitting a bid to assure themselves and the University that they fully understand all requirements of the project.

The mandatory site visit will be held on Tuesday, September 3,

2013 at 11:00 a.m..

The location for the site visit is at 601 W Dayton St., Madison WI 53715. Contact Shay

McElwain at (608) 213-6298 to confirm your attendance at the site visit.

Failure to attend a mandatory site visit will disqualify your bid. In order for your bid to be considered, the attached Certificate of Site Visitation form

(Attachment G), completed by the Bidder and signed by a Purchasing Services representative, should be submitted with your bid.

3.4 Oral Presentations, Product Demonstrations and Site Visits (Pre Award)

The University, at its sole discretion, may require oral presentations, product demonstrations and/or vendor location site visits to validate information submitted with the bids. Failure of a bidder to conduct a presentation on the date scheduled or allow an on-site/vendor site visit may result in rejection of the bid. These events cannot be used as an opportunity to alter bids submitted.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 6 OF 31

3.5 Proprietary Information:

Any information contained in the Bidder’s response that is proprietary must be detailed separately on form

DOA-3027.

Marking of the entire response as proprietary will neither be accepted nor honored. The

University cannot guarantee that all such material noted remains confidential, particularly if it becomes a significant consideration in contract award

. Information will only be kept confidential to the extent allowed by State of Wisconsin Public Disclosure Law (refer to Standard Terms and Conditions, Section 27.0). A copy of the form needed to designate portions of your submission as proprietary can be found at: http://vendornet.state.wi.us/vendornet/doaforms/doa-3027.doc

3.6 Reasonable Accommodations:

The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations for your site visit, contact Agent.

3.7 Method of Bid:

Bidder must submit a

net bid price for each item

specified. Prices listed should be in US dollars unless otherwise indicated.

3.8 Method of Award:

Award(s) shall be made on the basis of the lowest net bid price for Item One or Item Two or Item Three. Item

Four could be added to any of Items One Two or Three which is judged to be in the best interest of the

University. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified.

Supplier Diversity Preferences

State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE), or Disabled

Veteran-Owned Business (DVB) firms submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid or the proposal is no more than 5% lower than the apparent high point score. Authority for this program is found in ss. 16.75(3m)(b)2,3, 16.75(3m)(c)(4) and 560.0335(1)(b)(3),

15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes.

3.8.1 GSA Pricing:

This bid may qualify for GSA Pricing. If you have a GSA contract covering any of the items specified, enclose information on use of that contract including the contract number.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 7 OF 31

SECTION #4: BIDDER QUALIFICATIONS

To be eligible for a Contract award, you must be qualified and able to provide the following as required or your bid will be disqualified

(respond on "Bidder Response Sheet".)

4.1 Bidder Information:

Bidder must complete the attached Vendor Information Form (Attachment D) to identify designated contact people, to provide information regarding the size of the bidder’s company, and other information as requested.

All sections of this form must be completed.

4.2 Bidder Experience:

Bidder company or its principals must be in the business of providing concert/theatrical lighting systems installation and must have done so for the past five years.

4.3 Authorization:

Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer with service and repair capabilities for the system.

4.4 Client List/References:

Bidder must supply with their bid a client list of three (3) firms to which similar items/services have been provided during the past three (3) years to a comparable sized institution or company (see Attachment E). If contacted, information received from those clients will be used to determine whether bidder can reasonably meet contract requirements and specifications. Client references may be used in the award consideration.

4.5 Debarment

Federal Executive Order (E.O.) 12549 “Debarment“ requires that all contractors receiving individual awards, using federal funds, and all subrecipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. By signing this document you certify that your organization and its principals are not debarred. Failure to comply or attempts to edit this language may disqualify your bid.

Information on debarment is available at the following websites: www.epls.gov

and https://www.acquisition.gov/far/current/html/Subpart%209_4.html

.

.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 8 OF 31

SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 F.O.B. Destination Freight Prepaid Included and Installed:

Items are to be installed at 601 W. Dayton St., Madison WI 53715, F.O.B. DESTINATION FREIGHT PREPAID

INCLUDED AND INSTALLED. Bid prices must include all packing, freight, insurance, set-up, instruction and operation manual charges

,

excluding any import/export costs. Items must be set in place connected to utilities as applicable, installed in the area designated by University personnel, demonstrated to be in operating condition, and approved by University personnel. All debris must be removed from the University premises and properly disposed of by the Contractor. Upon installation, all operating instructions and operating and maintenance manuals must be furnished to University personnel as identified.

Failure to bid FOB Destination Freight Prepaid Included and Installed in price may disqualify your bid.

-AND/OR-

5.1 On Site Service:

In carrying out the scope of this Contract, the Contractor shall be required to perform services on University property. Bidders cost must include all transportation charges.

5.2 Timeliness of Delivery:

Delivery is desired on or before October 1, 2013. State if this requirement can be met. If unable to deliver

by the stated date

, indicate on the Bidder Response Sheet the earliest delivery date possible. Timeliness of delivery may be used in evaluation for bid award.

5.3 Acceptance and Testing (Post Award)

Acceptance testing will occur within 30 days after the equipment has been Acceptance testing will be performed by the University and will consist of verification of the specifications and performance requirements.

Shay McElwain, or his/her designee, is the only authorized person who can sign an acceptance form. The warranty period will begin following the successful acceptance testing.

5.4 Payment Terms

The University will pay the Contractor each phase in accordance with milestones and achievements and as accepted by the University.

Under no circumstances will the University pay more than 50% prior to acceptance of services completed.

5.5 Shipments, Duplicates and Overshipments:

Upon notification by the University of a duplicated order or overshipment, the items identified must be removed at the Contractor's expense. If the duplicated or overshipment items are not removed within 30 days of written notification, the University reserves the right to dispose of them as its own property and shall not be held liable for any cost for the items.

5.6 Training:

5.6.1 UNIVERSITY TRAINING AND FAMILIARIZATION

A.

The Contractor shall furnish the University's representatives with training necessary to properly operate the systems. Demonstrate in detail all functions of the systems. Provide a minimum of sixteen (16) hours of instruction and familiarization for this purpose. This requirement may be waived if University feels comfortable with the system prior to sixteen (16) hours of training have been reached.

B.

The Contractor shall have a qualified representative, familiar with the system, to assist in operation at one (1) scheduled event, selected by the University. This requirement may be waived if University feels comfortable with the system after the system training has been completed.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 9 OF 31

5.7 Insurance:

The Contractor shall maintain insurance levels as required in Standard Terms and Conditions, Section 22.0. A certificate of insurance must be provided upon award.

The Contractor shall add:

“The Board of Regents of the University of Wisconsin System, its officers, employees and agents” as an ‘additional insured’ under the commercial general, automobile and

Contractor’s liability policies.

5.8 Subcontracting:

5.8.1 Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any Subcontractor without prior written approval by Purchasing. Upon request

Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#, SS#) and signed W-9 form.

5.8.2 The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. University reserves the right to assess

Contractor Liquidated Damages in excess of the contract amount for Subcontractor’s failure to perform or inability to complete required project milestones.

5.8.3 Subcontractors must abide by all terms and conditions under this Contract.

5.8.4 If Subcontractors are to be used, the Contractor must clearly explain their participation, deliverables, and project milestones prior to commencing work.

5.9 Record and Audit

The Contractor shall establish, maintain, report as needed, and submit upon request records of all transactions conducted under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, State of Wisconsin and local ordinances.

The University shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents held by the Contractor related to this contract. The Contractor shall retain all applicable documents for a period of not less than five years after the final contract payment is made. The University reserves the right to inspect any facilities used to support this Contract.

5.10 Entire Contract

A contract will be awarded based on the criteria established in this Request for Bid, including attachments and any amendments issued. The RFB, the bid response, and written communications incorporated into the contract constitute the entire contract between the parties. The hierarchy of documents in descending order for resolution is as follows:

A. Contract Award Letter

B. Original Request Bid Number 14-0005, dated August 21, 2013 including amendments/ attachments

C. Bidder response to RFB.

D. Official Purchase Order (when applicable)

Any other terms and conditions provided by the Bidder with the bid or for future transactions against this contract, including but not limited to click on agreements accepted by the Customer; shrink wrapped agreements; or terms submitted with quotations, order acknowledgements, or invoices; will be considered null and void and will not be enforceable by the Contractor unless agreed to in a written amendment signed by the

University Purchasing Department. Any exceptions to this RFB should be submitted with your response and alternative language proposed.

Submitting a standard Bidder contract or term and condition as a complete substitute or alternative for the language in this solicitation will not be accepted and may result in rejection of the bid.

The University reserves the right to negotiate contractual terms and conditions or reject the Bidder

‘s response and proceed to the next qualified bidder.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 10 OF 31

SECTION #6 SPECIFICATIONS

SPECIFICATIONS OF ITEMS/SERVICES TO BE PROVIDED: (see Attachment B)

See Specifications (Section 6 and Attachment B) and/or Itemized Bid List (Attachment C) for the minimum acceptable specifications for items/services desired. If you are bidding alternate items/services, provide complete specifications, documents and materials showing performance features and details for the items/services you propose to furnish for the items/services being bid. For alternate items/services being bid, the Bidder must clearly identify by manufacturer’s name, catalog and model number.

Failure to provide product specifications and information for items/services bid may disqualify your bid. The University will be the sole judge of equivalent acceptability between Bidders responses.

UW Specifications may not be revised without an official written amendment issued by Purchasing.

6.1

The Bidder’s response must be clearly identified by manufacturer and catalog/model/stock number and/or appropriate identification as requested on the Itemized Bid List. Adequate detailed specifications of the items/services being offered or bid must be included with your bid to insure that the items/services being bid can be compared to determine if the items/services meet all specifications.

6.2 Warranty:

6.2.1 Warranty all parts, labor, and workmanship furnished under this contract for a period of twelve months from the date of substantial completion.

6.2.2 During the warranty period, report to the site and repair or replace any defective materials or workmanship without cost to the University. Warranty service shall be rendered within 48 hours after request by the University. Equivalent replacement equipment shall be temporarily provided when immediate on-site repairs cannot be made.

6.2.3 Where warranties on individual pieces of equipment exceed twelve months, the guarantee period shall be extended to the warranty period of the particular items.

6.2.4 Furnish complete and working Lighting System. Be of maximum assistance to the University during the warranty period of the system, to the degree that maximum University satisfaction is assured.

6.2.5 After completion of the work, the Contractor shall submit a Certificate of Warranty, stating commence and expiration dates and conditions of the warranty, for signature of both parties. Incremental warranties for completed portions of the work may be negotiated at the discretion of the University, if delays occur beyond the control of the Contractor.

6.3 Maintenance and Repair

:

6.3.1 Contractor must perform all warranty repairs or maintenance on site unless University grants permission to remove equipment from site.

6.3.2 Contractor must have access to replacement parts within 48 under this bid. hours to service all equipment identified

6.3.3 Service calls received in the a.m. must be acknowledged in p.m. of the same day or service calls received in the p.m. must be acknowledged by noon the following work day and equipment must be serviced within 48 hours of initial call. The service representative shall leave the ordering department a copy of a dated written report indicating the service performed. This report must be signed by the

University employee in charge of the machine.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 11 OF 31

6.3.4 Contractor must complete all maintenance or repair services during warranty period within 48 hours of the initial call. If Contractor cannot complete all services within this time, the Contractor must provide a progress report of the repair to the department. The service representative shall leave with the ordering department a copy of a dated written report indicating the service performed. This report must be signed by the University employee in charge of the machine.

6.3.5 Contractor shall provide unlimited call-back maintenance service from 10:00 am to 6:00 pm during warranty period.

6.4 Purchasing shall have the option to contract with another vendor to repair or service machines if Contractor is unable to repair equipment for any reason or make necessary repairs on a timely basis.

6.5 Employee Identification:

All C ontractor’s employees, while working on University property, must wear a clearly displayed photo identification badge or uniform showing name of employee and/or company represented. Any identification must be provided by the Contractor at the Contractor’s cost.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 12 OF 31

ATTACHMENT A: BIDDER RESPONSE SHEET

NOTE:

This form

must be returned

with your bid response. Numbers for each question below refer to the corresponding section of this document that explains the requirement. Bidder may attach additional relevant information to their bid response; identify sections to which information applies.

1.1 Have you completed and returned all forms required?

1.2 Have you included

two (2)

complete sets of your bid?

(only one (1) copy required if faxing or e-mailing) suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency?

5.1 Are you bidding all prices F.O.B. Destination Freight Prepaid Included and Installed?

(Be sure to read Section 5.1 carefully)

-AND/OR-

5.1

Are you bidding all prices On Site Service? (Be sure to read Section 5.1 carefully)

5.2 Can you meet delivery requirement?

If not, state delivery time ____ days After Receipt of Order (ARO).

YES

3.3 Have you made the required Site Visit?

3.8.1 If applicable

,

have you included a copy of the GSA contract information?

Contract #__________________

4.2 Are you in the business of providing concert/theatrical lighting systems and has your company or its principals done so for the past five years ?

4.3 Are you an original manufacturer, authorized distributor, or dealer authorized by

manufacturer with service and repair capabilities for the item?

4.4 Have you provided a client list?

4.5 Do you certify that neither your organization nor your principals are presently debarred,

NO

5.5 Do you agree to terms regarding duplicates and overshipments?

5.6 Will you provide instructions on set-up and operation as required?

5.7 Will you provide insurance certificate(s) indicating coverage and agree to maintain coverage as required in 5.7 and have you added the following language to the insurance certificate?)

“The Board of Regents of the University of Wisconsin System, its officers, employees and agents

” are added as an ‘additional insured’ under the commercial general, automobile and

Contractor’s liability policies on any insurance certificate provided.

5.8 Do you agree to subcontracting terms and conditions?

6.1 Are you bidding items as specified on the Itemized Bid List?

If “

NO

”, include information on alternates as required in Section 6.1 with your bid response.

Warranty term: __________________

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 13 OF 31

6.2.1 Do you agree to warranty all parts, labor, and workmanship furnished under this contract for a period of 12 months from the date of substantial completion?

6.2.2 Do you agree, during the warranty period, to report to the site and repair or replace any defective materials or workmanship without cost to the University?

Do you agree that warranty service shall be rendered within 48 hours after request by the

University?

YES

Do you agree that equivalent replacement equipment shall be temporarily provided when immediate on-site repairs cannot be made?

6.2.3 Do you agree where warranties on individual pieces of equipment exceed 12 months, the guarantee period shall be extended to the warranty period of the particular items?

6.2.4 Do you agree to furnish complete and working Lighting System?

6.2.5 After completion of the work, will you submit a Certificate of Warranty, stating commence and expiration dates and conditions of the warranty, for signature of both parties

6.3.1 Will you perform all maintenance or repair on site?

6.3.2 Will you have access to replacement parts within 48 hours to service all equipment listed?

NO

6.3.3 Will you service machine within 48 hours of initial call?

6.3.4 Will you provide all services within 48 hours of the initial call or provide a copy of a progress report of the status?

If unable to complete all services within 48 hours of the initial call, will you provide a copy of a progress report to the department?

6.3.5 Will you provide unlimited call-back maintenance service from 10:00 a.m. to 6:00 p.m.?

6.5 Will you agree to have all employees wear appropriate identification?

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 14 OF 31

ATTACHMENT B: SPECIFICATIONS

DESCRIPTION OF THE WORK

Provide a turn-key Theatrical Intelligent Lighting system for the Kohl Center in Madison WI.

System will include a base bid and possible alternatives.

System shall include Two Lighting fixtures types.

System shall include all mounting hardware and safety cabling.

System shall include all power and signal cable to the lighting fixtures

System shall include copper DMX AND devices that allow DMX to travel over fiber.

System shall include a DMX Lighting Control Console.

Provide custom GOBOS with athletic department supplied Logos

Programmer will need to program multiple sports “scenes” and will need to train the University how to complete basic lighting programming and control operations.

Contractor will need to work with the Kohl Center’s scheduling manager to work around any sports that may be practicing on the playing surfaces.

Contractor may be required to work non-standard hours to complete the project due to

 building schedule. No additional costs will be allowed due to non-standard work hours.

All physical work shall be completed and functional by October 1 st

2013.

All Programming and University

’s training must be completed by October 5 th

2013

Eight (8

) 1 ton Chain Motors and 192’ of 12” box truss with 2” tubes are provided for the install by University.

Motor Power Cable and Motor Controllers will be provided by the University for up to 8 motors. o

CM LOADSTAR L1 16 FPS is the model of current motors owned.

Motor Power inventory is as follows.

 125’ motor cables (2) Two

 150’ motor cables (4) Four

 200’ Motor Cables (2) Two

Contractor shall verify that sufficient motor cable has been provided from University to complete the design.

Contractor may move the motor controller box from east to west and vice versa to allow provided motor cables the ability to reach their intended truss.

SCOPE OF THE WORK

Furnish, deliver, erect, install and connect completely all of the material and appliances described herein and in the drawings, and supply all other incidental material and appliances, tools, transportation, etc., required to make the work complete, and to leave the Lighting

System in first class operating condition.

Perform all assembly of equipment, wiring and inter-connection and soldering of wires to jacks, devices, terminals or equipment, using technical employees only, who are experienced in the installation of Lighting System equipment and its inter-connection. Coordinate final utility rough-in locations with actual equipment furnished.

Verify dimensions and conditions at the job site prior to installation, and perform installation in accordance with these Specifications, manufacturers' recommendations and all applicable code requirements.

Verify chain motor mounting locations and truss weight loads to insure design is safe and sufficiently supported

Obtain riggers from the Madison Stage Hand Union for rigging of trusses.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 15 OF 31

QUALITY ASSURANCE

The intent of this Section is to describe and provide for complete Lighting System of high professional quality and reliability. Professional performance standards by the Lighting Systems

Contractor (hereafter referred to as Contractor) and the equipment will be required.

In all cases, the University shall determine the acceptability of the work based upon the visits, observations, and reports of the University.

The University reserves the right to reject any bids submitted by firms without sufficient experience in projects of similar size and scope.

GUARANTEE AND WARRANTY

Guarantee all parts, labor, and workmanship furnished under this contract for a period of twelve months from the date of substantial completion.

During the warranty period, report to the site and repair or replace any defective materials or workmanship without cost to the University. Warranty service shall be rendered within 48 hours after request by the University. Equivalent replacement equipment shall be temporarily provided when immediate on-site repairs cannot be made.

Where warranties on individual pieces of equipment exceed twelve months, the guarantee period shall be extended to the warranty period of the particular items.

Furnish complete and working Lighting System. Be of maximum assistance to the University during the warranty period of the system, to the degree that maximum University satisfaction is assured.

After completion of the work, the Contractor shall submit a Certificate of Warranty, stating commence and expiration dates and conditions of the warranty, for signature of both parties.

Incremental warranties for completed portions of

SUBMITTALS

Within 10 days after the receipt of a purchase order, submit to the University identical copies of the following for approval:

A complete equipment list, with manufacturers' names, model numbers, and quantities of each item; including cabling and mounting hardware

Equipment rack layouts (if any) showing locations of all rack mounted equipment items;

Comprehensive system schematics, showing detailed connections to all equipment, with wire numbers, terminal block numbers, and color coding;

Electrical power requirements for head-end and ancillary equipment. Include diagrams for any remote control of electrical power, in sufficient detail to coordinate with the electrical contractor, showing exact conduit requirements and locations for switched duplex receptacles;

Within 30 days after the project’s completion, submit to the University identical copies of the following:

A complete as-installed equipment list, listed by room, with manufacturers' names, model numbers, serial numbers, and quantities of each item;

A copy of the current (at time of completed programming) lighting console programming to be included as back up on a USB thumb drive.

Complete equipment rack layouts showing locations of all rack mounted equipment items;

Repair parts lists for each and every major equipment item furnished;

Manufacturer's warranties and operating instructions for each and every equipment item furnished. Include a copy of the certificate of warranty, signed by both parties.

Technical Systems Operations Manual, custom-written by the contractor, for the purpose of instructing the University’s operating personnel in the detailed step-by-step operation of the system and preventative maintenance procedures. This manual shall include descriptions of the system components and their relationship to system function.

This manual shall be bound separately and labeled appropriately;

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 16 OF 31

RELATED WORK IN OTHER SECTIONS

All 120VAC and 208VAC power conductors and conduits associated with power circuits to all equipment locations shall be furnished and installed by the University or other. This is the contractor’s responsibility to cable from the socapex distribution panels. University or other will wire to your panel. Panel locations to be discussed in person during walk through.

PRODUCTS

GENERAL

All items shall be new and unused. The following articles specifically list the acceptable equipment types and items for this project.

WIRE AND CABLE

Socapex cable to each truss with sufficient break out for each fixture on said truss.

110OHM DMX Cable will be used to link all fixtures together for DMX signal transport. Cable specifications are as follows.

Heavy duty tour-grade polyurethane jacket

Rugged Neutrik black/gold connectors provide reliable long-lasting connections

Water and UV resistant, suitable for outdoor use

Cable Type: DMX 512

Male Connector: 5 Pin XLR Neutrik® (black/gold

Dual twisted pair & shield, 22 AWG black Polyurethane jacket

Female Connector: 5 Pin XLR Neutrik® (black/gold)

Fiber and switch network to be provided by University

– Both Fiber panels and switch network is located in the catwalk dead center in the arena. Attached drawing shows location.

If DMX Terminators are required, Contractor provides.

Alternate DMX transport methods (Ethernet) may be discussed during walk through.

EQUIPMENT RACKS AND POWER DISTRIBUTION

Equipment racks for use in housing equipment including, but not limited to, power distribution panels, signal processors, fiber panels etc. are all to be furnished by the Contractor.

Power distribution for Socapex cables are also provided by the Contractor/bidder. o

University to approve proposed equipment prior to contract acceptance.

Socapex distribution is TBD during the site visit. There will be two distribution panels, one on the east and one on the west catwalk. Con tractor’s responsibility is from the Distribution panel to the light.

University will provide all electrical work prior to the socapex distribution panel(s).

DMX transport from control room to the catwalk shall be done via fiber converters. Fiber is in place and will be provided by the University for your use.

Two (2) DMX physical copper lines pulled to the catwalk from the control room as back up to the fiber connection. Distance is about 400’ to the center of the catwalk. Use of a opto splitter will likely be needed and provided by the Contractor.

FIBER OPTIC ENLCOSURES AND ADAPTOR PANELS

University will provide and install fiber and all aspects of the switching and termination. Contractor must advance any requirements based on processor compatibil ity prior to University’s installation.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 17 OF 31

LIGHTING FIXTURE AND EQUIPMENT SPECIFICATIONS

This design shall consist of Sixteen (16) intelligent moving lighting fixtures. On attached drawings, you will see there are two fixtures being specified. These fixtures will be labeled as

“Fixture 1” and “Fixture 2” Those light specifications are as follows.

“Fixture #1”

o

Klay Paky Sharpy or equal o

189W Platinum 5R discharge lamp o

Perfectly parallel, laser-like beam, sharply defined and free of any halo o

Unprecedented brightness

– (59,760 lx at 20m) 5,100 foot-candles at 65 ft o

Adjustable beam angle from 0 to 3.8° o

Interchangeable color wheel with 14 fixed colors o

Interchangeable gobo wheel with 17 fixed gobos o

8-facet rotating prism o

Mechanical dimmer o

Frost Filter o

Rapid and extensive pan and tilt movements o

Patented Italian design o

Small, lightweight and easily transported (only 48 cm x 19 Kg) o

Electronic ballast fitted as standard o

Must be considered a LONG THROW fixture

“Fixture #2”

o

Veri-lite VL3015-LT or equal o

Color System needs six color control wheels total. A three filter CYM cross fading system, two fixed color wheels with five interchangeable color filters each capable of continuous wheel rotation for additional effects, and a variable CTO color temperature correction wheel. o

Zoom Optics must be a 13-element 10:1 zoom optics system, covering a range from 6° to 60°. o

Beam Size Control must be a mechanical iris that provides continuous beam size control for rapid and smooth timed beam angle changes. o

Intensity Control must be Full field dimming designed for smooth timed fades as well as quick dimming effects. o

Strobe: High-performance dual blade strobe system capable of ultra-fast operation. o

Unit must have Rotating Gobo Wheels with minimum of three gobo/effects wheels combine to each offer four rotatable, index able gobo positions and one open position. o

Edge and Pattern Focus must be Variable beam focus to soften edges of gobos or spots that allows morphing effects between all pattern and effects wheels. o

Must have Frost & Prism Capability, including Independent rotating and indexing 3-facet prism as well as an independent variable frost glass. o

Able to Pan and Tilt via Smooth, time-controlled continuous motion by way of three-phase stepper motor systems. o

Must Have Range: Pan - 540°, Tilt - 270°. o

Must have Accuracy: 0.3° resolution o

Must have Triple wattage, double-ended lamp. The lamp is capable of operation at 900W,

1200W or o

1650W - mode selectable from fixture or console. o

Fixture must have Color Temperature: 6000K at 1650W and 6300K at 900W and 1200W o

Fixture Output must be: 41,487 lumens o

Standard AC power distribution from 200

– 264 VAC, 50/60 HZ. o

Precision glass reflector system with dichroic cold mirror coating. o

Operational Temperature: able to function in -20° to 104°F (-29° to 40°C). o

Must have Forced air cooling. o

Must be completely compatible with a wide variety of DMX512 consoles. o

Must have a minimum of DMX Channels: 36 o

Spot luminaire must be able to be mounted and operated in any orientation. o

Unit must hang on 31 in. (79 cm) centers. o

Weight: Must be no more than 115 lbs (52.3 kg). o

Must be considered a LONG THROW lighting Fixture

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 18 OF 31

Custom GOBOS

o

Fixture(s) #1 will be outfitted with a “Motion W” Gobo in each fixture – regardless of alternate bid packages that may or may not be accepted. o

Fixture(s) #2 will be outfitted with three (3) custom GOBOS.

 “Motion W” in Red

 “Bucky Head”

 “Basketball Logo”

All logos will be provided by the University.

All gobos will be able to pass any color of the light

Gobos will be discussed during walk through.

DMX over Fiber Equipment

o

University will be using a fiber network in addition to the copper DMX cable specified in this document. All fiber is in place currently and will be available for use. o

Existing Fiber is single mode o

We typically use all ST Connectors o

University must approve suggested Fiber DMX system prior to installation or purchase.

DMX Lighting Console

A: General: Provide One (1) DMX Lighting Console

1. The lighting control console shall be a Flying Pig Systems Road Hog console or equivalent.

2. The lighting control system shall be designed specifically for the control of stage, studio, touring and entertainment lighting systems.

3.

A company having over 20 years’ experience in the control of entertainment Lighting shall manufacture the lighting control system.

4. The equipment shall be ETL listed.

5. Systems that do not provide the features listed below shall not be acceptable.

B: Hardware:

1. The console shall be constructed of a rugged aluminum chassis with powder coated panels and faceplates. An elbow rest shall be provided.

2. A universal 90

– 250V 50/60 Hz power factor corrected power supply shall be incorporated.

3. The console shall contain a G850 2.9 GHz processor on an industrial motherboard.

4. A solid state high performance internal hard disk drive shall be provided

5. Controls shall consist of keypad, four (4) rotary encoders knobs and twelve (12) User

Keys. There shall be ten (10) user programmable, Penny & Giles faders with associated illuminated enable buttons on the playback portion of the console.

6. The consol e shall have one (1) 22” 10 point multi touch sensitive colour display screen.

7. One (1) desklight is provided, using dimmable white LEDs for illumination. A dimmable white LED worklight shall be on the front of the console along with dual blue LED marker lights.

8. One (1) external DVI-D monitor shall be supported. External touchscreen monitors shall be supported.

9. The following interfaces shall be provided a. Five (5) Universal Serial Bus ports b. Four (4) 5-pin XLR DMX outputs c. One (1) gigabit Fast Ethernet using rugged Neutrik Ethercon connector d. One (1) DVI-D monitor output 10. The console shall be capable of outputting four

DMX universes via 5-pin XLR connectors and up to 8 universes of DMX over

ArtNet and sACN directly.

10. External network output devices can be attached to expand DMX output capability (no limit).

11. The console shall be 759mm x 572mm x 310mm weight, weighing 19.4 kg.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 19 OF 31

12. The user shall make operating software upgrades via USB flash drive. No changing of internal components shall be required. USB connected accessories shall also be upgradeable via USB flash drive.

13. Midi and SMPTE Timecode functionality may be added through use of external widgets.

14. The control console shall be supplied with a. Power cord b. USB Flash drive (Storage) c. USB Flash drive (Restore) d. Dust cover C. Programming and playback:

1.

The controller’s capacities shall be: 8192 multi-parameter luminaires, an unlimited number of simultaneous crossfades, and up to 65,536 cues, cue lists, chases, scenes, palettes, groups, and pages. There shall be no specific limit on the number of DMX universes supported.

2. The console shall contain a library that addresses moving lights of all major manufacturers as well as other lighting devices such as color scrollers. The control console shall contain an inherent mapping of fixtures for the various attributes associated with automated and fixed focus lighting units.

3. Multiple fixture types shall be simultaneously supported and any fixture may be patched to any address on any universe.

4. The console shall follow an industry standard command line programming syntax.

5. The console shall contain the capacity to program unlimited multi-part cues, automated preset focus updating, and shall be able to track changes to the modifications of previously recorded cues. Each element of programming in a

Cue shall possess independent timing and fade path settings. Cue timing options shall include: fade, delay, or manual (all with in/out option). Times may be programmable from 0.0 seconds to several days.

6. The console shall provide complete programming manipulation including move, copy, merge, mask, as well as comprehensive patch features for profiles, proportional patching, parking, etc.

7. The console will provide a multi-level undo/redo function and an online help system.

8. The console shall be equipped with an effects engine that shall instantly generate complex effects including those commonly referred to as "rainbows" and "ballyhoos". Chases shall have fully adjustable direction, crossfading, and rates.

9. The controller shall provide unlimited simultaneous playback of independent cue lists, chases, or scenes on up to 10 Playback masters on the console.

Additional Playback masters may be added with expansion wing units and virtual masters. Masters shall also be able to provide inhibitive intensity control of some or all fixtures.

10. Cue lists, scenes, and inhibitives shall be dynamically assigned to Masters and grouped together on a Page. Changing Pages shall load a new set of cue lists, scenes and inhibitives to the Masters.

11. The controller shall possess advanced Page features including: instant changes, crossfading between pages, flexible sizes, automatic holdover and remain in background.

12. Custom settings shall be provided for Go and Flash buttons, Cues, Cuelists, and submasters: activation, precedence (HTP or LTP), resetting, inhibitive, etc.

13. There shall be a main set of playback controls providing Go, Halt/Back, Step

Forward, Step Back, Go To, Release and Assert buttons.

14. A rear-illuminated multi-mode trackball for focusing or pointing, a next fixture button for quick fixture selection, a live button that shall instantly select specified fixtures, a snapshot function named "suck" for active cues, and a blind programming mode shall be provided.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 20 OF 31

15. The control console shall provide instant access to fixtures, groups, and palettes via touch-sensitive displays. The displays shall contain numerous windows to give feedback on programming and fixture status. If connected to two external displays, all four displays may simultaneously show different windows, windows may be sized and moved on any display as desired, and custom configured views may be saved and instantly recalled.

16. All items may be given useful names to simplify operation.

17. The software will allow for custom mapping of function of fixture parameters to any of the five main encoders. Custom maps will be able to be stored and recalled by means of the User Kind keys.

18. The software will allow for the networking of multiple consoles across a network, and will allow for the presence of multiple servers on the same show.

The software will allow for full network failover.

19. The software will be separated into various processes, allowing for greater redundancy and the ability to restart said processes without requiring to reboot the console.

20. Each DMX Processor 8000 process will allow for up to eight discrete streams of Midi or SMTPE time code to be handled by the software, without any specific limits to total number of streams.

21.

The software will allow for a ‘console lock’ to be activated by the programmer.

22. GUI elements will be able to be set to different sizes and colours, and when recalled will remember these settings.

23. GUI User Kind widget, to allow representation of User Keys. D. Peripheral equipment:

1. A range of optional complementary equipment shall be available from console manufacturer and shall include the following: a. DMX processor providing sixteen universes of DMX output via XLR or ArtNet. It shall be possible to connect multiple DMX processors via Ethernet.

Mounting Hardware and safety cables

o

All mounting hardware for lights are to be of industry standard and provided by the contractor

Light Source Mega Clamp or equal

Must have safe working load of 1,100 pounds

Must allow one man operation when hanging a fixture. o

Safety cables on all light fixtures provided by contractor and should be black in color.

EXECUTION

INSTALLATION

Furnish components, wire, connectors, materials, parts, equipment and labor necessary for the complete installation of the systems, in full accordance with the recommendations of the equipment manufacturers and the requirements of the drawings and specifications.

Installation shall follow standard theatrical wiring and installation practice, and shall meet or exceed industry standards for such work, with particular attention given to any installation instructions in Part 2 of this Section.

Equipment shall be held firmly in place with proper types of mounting hardware. All equipment affixed to the building structure must be self-supporting with a safety factor of at least three. All equipment shall be installed so as to provide reasonable safety to the operator. Supply adequate ventilation for all enclosed equipment items which produce heat.

Furnish the system to facilitate expansion and servicing using modular, solid-state components. All equipment shall be designed and rated for continuous operation and shall be UL listed, or manufactured to UL standards.

Route cables and wiring within equipment racks and cabinetry according to function. Neatly arrange and bundle all cables loosely with plastic cable ties. Cables and wires shall be continuous lengths without splices.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 21 OF 31

All system wire, except spare wire, after being cut and stripped, shall have the wire strands twisted back to their original lay and be terminated by approved soldered or mechanical means. No un terminated wire ends will be accepted. Heat shrink type tubing shall be used to insulate and dress the ends of all wire and cables. Include a separate tube for the ground or drain wire where applicable.

All cables and wires are to be continuous lengths without splices.

Mechanical connections shall be made using approved connectors of the correct size and type for the connection. Wire nuts will not be accepted.

Each mechanical connector shall be attached using the proper size controlled-duty-cycle ratcheting crimp tool which has been approved by the manufacturer of the connectors. Conventional nonratcheting type crimping tools are unacceptable, and shall not be used on the job site.

Label all wires in racks and console as to destination and purpose if not done so already. Clearly and permanently label all jacks, controls, and connections, at the front and back of the rack with printed professional quality labels. NO HAND WRITTEN LABLES WILL BE ACCEPTED.

Remove all existing unused miscellaneous equipment. Return equipment to University. If applicable.

Eight (8) One Ton Chain Motors will be provided by the University for deployment of the installation.

192’ of 12” aluminum boxed truss (2” tubes) will also be provided by the University for deployment of the lighting system.

All mounting hardware needed to mount the light shall be provided by the Contractor. Including, but not limited to Cheese boroughs, mounting plates, safety cables etc.

Utilize Madison Stage Hand Riggers for installation of chain motors and truss. o

All flying hardware for trussing is provided by University.

LIGHTING SYSTEMS FINAL TESTING AND PROGRAMMING

The completed Lighting systems shall be physically inspected by the University to assure that all equipment is installed in a neat and professional manner, and in accordance with this Section. The lighting systems shall be programmed by the contractor, with active involvement from the University.

Prior to requesting systems testing, verify the following:

1.

All systems are in first-class working condition.

2.

All specified equipment is on the job site for proper accounting.

3.

All equipment controls are labeled, even if unused. Hand written labels are not accepted.

4.

Operation manuals for every equipment item furnished are on hand at the job site.

5.

The final acceptance of the system by the University will be following University inspection, testing, and demonstration. A list of items in need of completion or correction shall be generated by the University, which must be corrected by the Contractor before final acceptance will be granted.

6.

Contractor will program the lights to 8 open videos. 16 Hours is to be designated for programming video opens.

7.

Programmer must be a professional programmer, actively programming for large scale music tours and or theatrical applications.

8.

Programmer will supply scenes programmed into the console. Programmer will work directly with systems engineer on-site to create the look and feel that we hope to achieve. 8 hours of programming time to be designated for this task.

9.

24 preset scenes at a minimum will be included in programming.

10.

Programmer will spend time with the Universitys system tech training on console operation.

Click here for drawing 1.

Click here for drawing 2.

Click here for drawing 3.

To access the above drawings

– place your cursor over the link and hit the CONTROL key and wait for the “hand” and click.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 22 OF 31

ATTACHMENT C: ITEMIZED BID LIST

Costs which are not specifically identified below will not be compensated under any Contract awarded pursuant to this RFB.

Item One Intelligent Lighting System as per Attached B

– Specifications

$______________________

OR

Item Two

ALTERNATE BID PACKAGE “A”

FIXTURE #1 LISTED ABOVE

– change quantity from twelve (12) to Eight (8)

$______________________

FIXTURE #2 LISTED ABOVE

– Change Quantity from four (4) to Six (6)

$______________________

OR

ITEM Three

ALTERNATE BID PACKAGE “B”

FIXTURE #1 LISTED ABOVE

– change quantity from twelve (12) to Six (6)

$______________________

FIXTURE #2 LISTED ABOVE

– Change Quantity from four (4) to Six (6)

$______________________

OR

Item Four

ALTERNATE BID PACKAGE “C”

ADD MOTOR POWER CONTROLLER FOR 4 MOTORS o

Must work with existing cables and power inputs. o

Verify current motor controllers are equivalent and will work with same connections

This information will be discussed / provided during walk through.

$______________________

UNIVERSITY OF WISCONSIN BID NO.: 14-0005

MADISON, WISCONSIN 53715-1218 PAGE 23 OF 31

ATTACHMENT D

– VENDOR INFORMATION FORM

VENDOR NOTE: BOTH PAGES OF THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID

RESPONSE.

1. Company and Contact Information

Company Name:

Company Website

Contact for questions regarding this Bid

Name:

Telephone:

Contract Renewals / Problems

Fax

Name:

Telephone:

Sales Representative

Name:

Telephone:

Ordering / Expediting

Name:

Telephone:

Returns

Name:

Telephone:

Invoice Information

Name:

Fax

Fax

Fax

Fax

Email

Email

Email

Email

Email

Telephone: Fax Email

Affirmative Action ( see Section 17 in

Standard Terms and Conditions

)

Name:

Address:

City/State/Zip:

Telephone: Fax

Supplier Diversity Reporting ( see Section 2.10

)

Name:

Address:

City/State/Zip:

Telephone: Fax

Email

Email

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 24 OF 31

VENDOR INFORMATION FORM CONT.

2. In accordance with

Wisconsin Statutes

560.035, 560.0335 and 560.036, indicate below if you are a

Wisconsin certified Minority Business Enterprise (MBE), Work Center (WC), Disabled Veteran-Owned

Business (DVB) or Woman-owned Business Enterprise (WBE) (see websites: http://www.doa.state.wi.us/section.asp?linkid=232&locid=0 or http://stateuseprogram.wi.gov/section.asp?linkid=1424&locid=65

).

____ Minority (MBE) ____ Work Center (WC) ____Disabled Veteran-Owned Business (DVB)

____ Woman Owned Business Enterprise (WBE) ___ Not applicable

(If no answer is indicated above, we will assume that you are none of the above when making the award.)

3.

Pursuant to Public Law 95-507

, indicate which of the following classifications apply to your organization. All vendors are considered Large Business unless otherwise indicated (see website: www.sba.gov/

). (

Check √ all that apply

.)

____________ LARGE BUSINESS (LG)

____________ SMALL BUSINESS (SB)

____________ VETERAN OWNED SMALL BUSINESS (VOSB)

____________ SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB)

____________ HISTORICALLY UNDER UTILIZED BUSINESS ZONE (HUBZONE)

____________ SMALL DISADVANTAGED BUSINESS (SDB)

____________ WOMAN-OWNED SMALL BUSINESS (WOSB)

4.

AMERICAN MADE: Wisconsin Statutes S. 16.754

, directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal.

“Substantially equal” means when bids are tied or proposal scores are equal. Indicate whether the material covered in your bid/proposal were manufactured in whole or in substantial part within the

United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.

____________ YES ____________ NO ____________ UNKNOWN

5.

RECYCLED PRODUCTS/PACKAGING/DISPOSAL TECHNIQUES:

The University is committed to promote environmentally sound procurement, usage and disposal methods which are in compliance with

State of Wisconsin County, and Municipal regulations. Currently the University has a recycling program for starch and Styrofoam packing peanuts. The University’s preference is to receive starch peanuts whenever possible. The Contractor shall not use INSTAPAK

(or similar) or mix starch and Styrofoam peanuts under any circumstances. Each product shall be separately pre-packed in accordance with commercially accepted methods. Small products may be packaged in protective envelopes (Mail-Lite or

Bubble-Jet packs).

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 25 OF 31

ATTACHMENT E - CLIENT REFERENCE LIST

Bidder Name:____________________________________________________________________________________

The Bidder must provide a minimum of three (3) business references.

1. Reference Name: _____________________________________________ Contact: ___________________________

Address: _____________________________________________________________________________________________

Phone #: ( ) ____________________ E-mail address_______________________________________________________

Fax/Internet address:____________________________________________________________________________________

Description and date(s) of commodities and services provided: __________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

2. Reference Name: _____________________________________________ Contact: ___________________________

Address: _____________________________________________________________________________________________

Phone #: ( ) ____________________ E-mail address_______________________________________________________

Fax/Internet address:____________________________________________________________________________________

Description and date(s) of commodities and services provided: __________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

3. Reference Name: _____________________________________________ Contact: ___________________________

Address: _____________________________________________________________________________________________

Phone #: ( ) ____________________ E-mail address_______________________________________________________

Fax/Internet address:____________________________________________________________________________________

Description and date(s) of commodities and services provided: __________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

References may be contacted to confirm the Bidder

’s abilities and qualifications as stated in the Bidder’s response. The University may perform due diligence by contacting any applicable business reference, including references from within the UW System. The University reserves the right to disqualify any Bidder whose references don’t support their stated claim of qualifications in their response.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 26 OF 31

ATTACHMENT F: STANDARD TERMS AND CONDITIONS

1.0

SPECIFICATIONS:

The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The

UW-Madison shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates which may result in rejection of their bid/proposal.

2.0

DEVIATIONS AND EXCEPTIONS:

Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. Each deviation and exception must be identified by the section, page and paragraph to which it applies. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidder/proposer shall be held liable.

3.0

QUALITY:

Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the University.

4.0

QUANTITIES:

The quantities shown on this request are based on estimated needs. The University reserves the right to increase or decrease quantities to meet actual needs.

5.0

PRICING AND DISCOUNT:

The University qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts.

5.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.

5.2 Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be submitted to the University thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the Contractor which are demonstrated to be industry-wide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements.

5.3 In determination of award, discounts for early payment will only be considered when all other conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30).

6.0

UNFAIR SALES ACT:

Prices quoted to the University are not governed by the Wisconsin Unfair Sales Act.

7.0

ACCEPTANCE-REJECTION:

The University reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interest of the State of Wisconsin.

8.0

ORDERING:

Purchase orders or releases via purchasing cards shall be placed directly to the Contractor by

University. No other purchase orders are authorized.

9.0

PAYMENT TERMS AND INVOICING:

The University normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified.

9.1 Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. Invoice payment processing address is shown on the upper left corner of the purchase order.

Send invoices to the Accounts Payable address on the purchase order. Do not send invoices to the ship to address.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 27 OF 31

9.2 Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty (30) days after receipt of a properly completed invoice, unless the vendor is notified in writing by the agency of a dispute before payment is due.

9.3 Bidders/proposers shall include discounts for early payment (See 5.3) as a percent reduction of invoice.

Invoice discounts shall be determined, where applicable, from the date of acceptance of goods and/or the receipt of invoice, whichever is later. Discounts for early payment terms stated on the bid/proposal must be shown plainly on the invoice; discounts for early payment not shown on the invoice will be taken.

9.4 Invoices submitted not in accordance with these instructions will be removed from the payment process and returned within ten (10) days.

9.5 Payment terms and invoicing for purchasing card will be made in accordance with the purchasing card contact.

10.0

TAXES:

The University, an agency of the State of Wisconsin, is exempt from payment of all federal tax and

Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The

Department of Revenue of the State of Wisconsin does not issue a tax exempt number; however, University is exempt from State of Wisconsin sales or use tax under s.77.54(9a)(a). Registration No. 39-73-1021-K, was issued by the Internal Revenue Service to authorize tax-free transactions under Chapter 32 of the Internal

Revenue Code.

10.1 The University, an agency of the State of Wisconsin, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The

University may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials.

11.0

GUARANTEED DELIVERY:

Failure of the Contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the Contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs.

12.0

ENTIRE AGREEMENT:

These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the

University.

13.0

APPLICABLE LAW:

This Agreement shall be construed under the laws of the State of Wisconsin. Jurisdiction and venue for any disputes under this Agreement shall be in Dane County, Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct .

14.0

ANTITRUST ASSIGNMENT:

The Contractor and the University recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the

Contractor hereby assigns to the University any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract.

15.0

ASSIGNMENT:

No right or duty in whole or in part of the Contractor under this contract may be assigned or delegated without the prior written consent of the University.

16.0

DISPUTES:

Disputes should be addressed to the University Purchasing Office, Director of Purchasing

Services, 21 N Park St, Suite 6101, Madison, WI 53715 1218.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

17.0

NONDISCRIMINATION/ AFFIRMATIVE ACTION:

BID NO.: 14-0005

PAGE 28 OF 31

17.1 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), Wisconsin Statutes, sexual orientation as defined in s.111.32(13m) Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the Contractor further agrees to take affirmative action to ensure equal employment opportunities.

17.2 Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan by the Contractor

.

An exemption occurs from this requirement if the Contractor has a workforce of less than twenty-five (25) 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.

17.3 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 nondiscrimination law.

17.4 Failure to comply with the conditions of this clause may result in the Contractor's becoming declared an

"ineligible" Contractor, termination of the contract, or withholding of payment.

17.5 To the extent required by law, 41 CFR 60-1.4(a) and (b) are incorporated by reference in these Standard

Terms and Conditions. Additionally, the Contractor certifies compliance with 41 CFR 60-1.8 and does not and will not maintain any facilities provided for employees in a segregated manner. The Contractor further agrees to obtain identical certifications from any subcontractors prior to the award of a subcontract exceeding $25,000 which is not exempt and will retain such certification for audit purposes.

18.0

PATENT INFRINGEMENT:

The Contractor selling to the University the articles described herein guarantees the articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe any United States patent. The Contractor covenants that it will at its own expense defend every suit which shall be brought against the University

(provided that such Contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit.

19.0

SAFETY REQUIREMENTS:

All materials, equipment, and supplies provided to the University must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code, Rules of the Industrial

Commission on Safety, and all applicable OSHA Standards.

20.0

MATERIAL SAFETY DATA SHEET:

If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy to UW Safety Department, 30 East Campus Mall, Madison

WI 53715-2609.

21.0

WARRANTY:

Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt.

The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the

Contractor.

22.0

INSURANCE RESPONSIBILITY:

The Contractor performing services to the University shall:

22.1

Maintain worker's compensation insurance as required by Wisconsin Statutes for all employees engaged in the work.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 29 OF 31

22.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars

($1,000,000) liability for bodily injury and property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage.

22.3 The state reserves the right to require higher or lower limits where warranted.

22.4 Upon request by the University, the Contractor is required to provide a Certificate of Insurance, from an insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best rating of

A-, and signed by an authorized agent. A minimum 60 day cancellation notice is desired.

23.0

CANCELLATION:

The University reserves the right to cancel any contract in whole or in part without penalty due to nonappropriation of funds or for failure of the Contractor to comply with terms, conditions, and specifications of this contract.

24.0

VENDOR TAX DELINQUENCY:

Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin.

25.0

OMNIBUS RECONCILIATION ACT:

(Public Law 96-499) To the extent required by law, if this contract is for acquisition of services with a cost or value of $25,000 or more within any 12-month period, including contracts for both goods and services in which the services component is worth $25,000 or more within any 12-month period, the Contractor shall in accordance with 42 C.F.R., Part 420, Section 1861 of the Omnibus

Reconciliation Act of 1980 (P.L. 96499) and permit the comptroller general of the United States, the United

States Department of Health and Human Services, and their duly authorized representatives, access to the

Contractor's books, documents and records until the expiration date of four (4) years after the approval of procurement activities.

26.0

PUBLIC RECORDS ACCESS:

It is the intention of University to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities. Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract.

27.0

PROPRIETARY INFORMATION:

Any restrictions on the use of data contained within a request must be clearly stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted. However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation.

27.1 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented by Contractor. 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, Wisconsin Statutes), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 E. Mifflin Street,

Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123). State classified and former employees and certain University faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis. Stats.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 30 OF 31

29.0

ANTI-KICKBACK ACT of 1986:

(41 USC 51 et. seq): To the extent required by law, the officer or employee responsible for submitting this bid shall certify, in accordance with 48 CFR 52.203-7, to the best of their knowledge, that they have no information concerning the violation of the Anti- Kickback Act in connection with the submitted bid

/

proposal. Signing the bid/proposal with a false statement shall void the submitted bid/proposal and any resulting contract(s).

30.0

RECYCLED MATERIALS:

The University is required to purchase products incorporating recycled materials whenever technically or economically feasible. Bidders/proposers are encouraged to bid/propose products with recycled content which meet specifications

.

31.0

HOLD HARMLESS: The Contractor will indemnify and save harmless the State of Wisconsin and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the Contractor, or of any of its Contractors, in prosecuting work under this agreement.

32.0

PROMOTIONAL ADVERTISING/NEWS RELEASES:

Reference to or use of the State of Wisconsin, any of its departments, agencies (University) or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the University. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency.

33.0

WORK CENTER CRITERIA:

A work center must be certified under s. 16.752, Wisconsin Statutes, and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals.

34.0

FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of

Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of

Corporation, P.O. Box 7846, Madison, WI 53707-7846; telephone (608) 261-7577.

35.0

FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this Agreement in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party.

36.0

WORK CENTER PROGRAM: The successful bidder/proposer shall agree to implement processes that allow the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to purchase goods and services produced by work centers certified under the State Use Law, s.16.752, Wis. Stat. This shall result in requiring the successful bidder/proposer to include products provided by work centers in its catalog for

State agencies and campuses or to block the sale of comparable items to State agencies and campuses.

37.0 CHILD ABUSE NOTIFICATION: Contractor, per Executive Order 54, is required to make a report of child abuse or neglect

immediately

if, in the course of service, the Contractor observes or learns of an incident or threat of child abuse or neglect, and the Contractor has reasonable cause to believe that child abuse or neglect has occurred or will occur.

A report must be made personally or by telephone to UWPD.

Reports are to be made to:

Emergency Phone Number:

911.

Non-Emergency Phone Numbers:

UW Police Department 608-264-2677.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 14-0005

PAGE 31 OF 31

CERTIFICATION OF SITE VISIT

Tuesday, September 3, 2013 at 11:00 a.m.

SOLICITATION #14-0005

This certifies that

___________________________________ (Name of Representative

) of

_______________________________________________ (

Name of Bidder’s Company

) has visited the site on ______________________ (

Date

) for the project described in the specifications, toured the facilities, familiarized himself/herself with the facilities, and received the project briefing provided by the University.

This completed document must be signed and dated by the University’s representative and returned to be considered for award.

___________________________________

(University Department Representative)

___________________________________

Date

_________________________________

(Signature of Purchasing Representative)

________________________________

Date

PURCHASING SERVICES

University of Wisconsin-Madison  21 N Park St, Suite 6101  Madison, WI 53715 1218

608/262-6121  (Fax) 608/262-4467  www.bussvc.wisc.edu  [email protected]

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