BIDS MUST BE SEALED AND ADDRESSED TO: AGENCY ADDRESS: State of Wisconsin

BIDS MUST BE SEALED AND ADDRESSED TO: AGENCY ADDRESS: State of Wisconsin
State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 (R08/2003)
BIDS MUST BE SEALED AND ADDRESSED TO:
AGENCY ADDRESS:
Department of Administration
Consolidated Agency Purchasing Services
101 E Wilson Street, 6th Floor
Madison WI 53703
If using PO Box, P.O. Box 7867, 53707-7867
REQUEST FOR BID # EC1150365
Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid
number. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting
purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in
another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a
bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly
and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with
sample packages or other bids. Bid openings are public unless otherwise specified. Records will
be available for public inspection after issuance of the notice of intent to award or the award of the
contract. Bidder should contact person named below for an appointment to view the bid record.
Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise
noted. The attached terms and conditions apply to any subsequent award.
Bids MUST be date and time stamped no later than:
THIS IS NOT AN ORDER
BIDDER (Name and Address)
December 14, 2010
2:00 PM CT
Name (Contact for further information)
Bidder fill in name and address here
Brenda Derge
Phone
Date
608-266-8613
November 9, 2010
Quote Price and Delivery FOB
Destination, Freight Prepaid and Installed
Fax bids are not accepted
Description
REQUEST FOR BID
Wisconsin Educational Communications Board (ECB)
Television Transmission over Ethernet
FAXED BIDS OR EMAIL BIDS NOT ACCEPTED
Include Bidder name and address at upper left.
We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be
certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington
Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids.
We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center
Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.
Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our
bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.
Yes
No
Unknown
In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition;
that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or
potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury.
We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.
Name of Authorized Company Representative (Type or Print)
Signature of Above
Title
Date
Phone
(
)
Fax
(
)
E-mail
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
STATE OF WISCONSIN
REQUEST FOR BID (RFB) #EC1150365
FOR: Television Transmission over Ethernet
TABLE OF CONTENTS
1.0
INTRODUCTION AND PURPOSE
2.0
BIDDER QUALIFICATIONS
3.0
BID PROCESS, PROCEDURES AND INSTRUCTIONS
4.0
BID REVIEW, ACCEPTANCE AND AWARD
5.0
GENERAL AND TECHNICAL REQUIREMENTS - Specifications
6.0
COST INFORMATION
7.0
REQUIRED FORMS
8.0
TERMS AND CONDITIONS
- SPECIAL, STANDARD AND SUPPLEMENTAL TERMS AND CONDITIONS
Attachments to RFB Document:
Request for Bid Form (DOA-3070), completed and signed
Vendor Information (DOA-3477)
Vendor Reference (DOA-3478)
Vendor Agreement (DOA-3333)
Designation of Confidential & Proprietary Information (DOA-3027)
Cost Sheet – Attachment A
Bid Response Sheet – Attachment B
The following definitions are used throughout the Request for Bid:
ASI
Asynchronous Serial Interface
Agency
Wisconsin Educational Communications Board
Bidder
A company, organization, or other qualified legal entity submitting a response to this Request for
Bid
Contractor
A company, organization, or other qualified legal entity to whom a contract shall be awarded the
contract to furnish the equipment described herein
Department
Wisconsin Educational Communications Board
HD
High Definition television
MBE
Minority Business Enterprise
Mb/s
Mega bit per second
Manufacturer A company that owns controlling interest in the factory actually producing equipment furnished for
the resulting contract.
Owner
Wisconsin Educational Communications Board
RFB
Request for Bid
SD
Standard Definition television
SDI
Serial Digital Interface, SMPTE 292 for High Definition, SMPTE 259 for Standard Definition
SMPTE
Society of Motion Picture and Television Engineers
State
State of Wisconsin
USPS
United States Postal Services
Vendor
A company that is providing a response to the solicitation
1.0
INTRODUCTION AND PURPOSE
1.1
PURPOSE OF THE REQUEST FOR BID
The State of Wisconsin, Consolidated Agency Purchasing Services (CAPS) on behalf of the Wisconsin Educational
Communications Board (ECB), request bids for the purchase of television transmission over Ethernet equipment, and
intends to use the results of this process to award a contract.
The purpose of this bid is to acquire and deliver hardware used for the transport of ASI signals over Ethernet and
JPEG 2000 over Ethernet.
The bid contract award will allow ECB, Wisconsin State Agencies, and the Univeristy of Wisconsin System to
purchase equipment in this bid. See Section 8.11 for Cooperative Purchasing. Other Wisconsin State Agencies and
the University of Wisconsin System may request to piggyback off the resulting contract for equipment bid on
Attachment A.
The State does not guarantee to purchase any specific quantity or dollar amount. The contract resulting from this
RFB will be administered by ECB. Bids that require a minimum number of commodities or services to be ordered
will be rejected.
1.2
BACKGROUND AND SCOPE
ECB is the State of Wisconsin Agency responsible for the distribution networks used to create the transmissions
backbone of Wisconsin Public Television. ECB is engaged in the replacement of the backbone to take advantage of
changes in the telecommunications industry and to replace aging equipment. The scope of the ECB project will
include the distribution of one television network distributed to six stations, and an alternate distribution to one
station, as well as a desire to provide a return transmission path monitoring of off-air signals. ECB may also include
other sites for the purpose of future changes and additions to equipment, as needed. ECB staff will be performing
installation and configuration of the equipment purchased by ECB.
ECB is considered an IRC 501(c) organization.
1.3
CONTRACT TERM AND RENEWAL
The RFB document and the awarded bidder’s response shall become the contract unless a separate contract is
executed.
This contract will be for a one-year period with the option to renew for two additional one-year periods by mutual
written consent. The initial contract term shall be effective on the date of the purchase order or the date of the
contract as executed by the State, whichever is first.
The contract shall be renewed into its subsequent years by mutual written agreement unless ECB is notified, in
writing, by the Contractor 90 calendar days prior to expiration of the initial and/or succeeding Contract term(s); or
ECB notifies the Contractor, in writing, 90 calendar days prior to expiration of the initial and/or succeeding Contract
term(s).
All insurance requirements shall be provided to ECB prior to providing goods or services and at the time of the
purchase order acceptance.
2.0
BIDDER QUALIFICATIONS
All bidder qualifications are mandatory. Failure to meet any bidder qualifications shall disqualify the bid. On Attachment B,
check only one “yes” or “no” response for each qualification.
3.0
2.1
Bidder must be in the business of providing commodities similar to this bid and must have done so for the past 3
years.
2.2
The bidder must be a manufacturer, authorized reseller, distributor, or dealer for the equipment.
BID PROCESS, PROCEDURES AND INSTRUCTIONS
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3.1
VENDOR REGISTRATION
The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and
organizations that want to sell to the State. Anyone may access VendorNet on the Internet at
http://vendornet.state.wi.us to get information on state purchasing practices and policies, goods and services that the
state buys, and tips on selling to the State. Vendors may use the same website address for inclusion on the bidders
list for goods and services that the organization wants to sell to the State.
Bids may also be accessed via the public notices area on the State’s website, http://publicnotices.wi.gov/.
3.2
CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS:
All communication on all matters regarding this bid must refer to Request for Bid #EC1150365 and be directed to
Brenda Derge in writing via e-mail to: [email protected]
Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document by the
date questions are due in the RFB process calendar of events (Section 3.3). If a vendor discovers any significant
ambiguity, error, conflict, discrepancy, mission, or other deficiency in this RFB, the vendor should immediately
notify the below named individual of such error and request modification or clarification of the RFB document.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part
of this RFB, supplements or revisions will be posted on VendorNet.
Any contact with State employees or administrative appointees concerning this RFB is prohibited, except
as authorized by the procurement specialist during the period from date of release of the RFB until the
notice to contract is released.
3.3
CALENDAR OF EVENTS
Listed below are important dates and times by which actions related to this Request for Bid (RFB) must be
completed. In the event that the State finds it necessary to change any of these dates and/or times, it will do so by
posting an amendment to this RFB on VendorNet.
DATE
November 9, 2010
November 24, 2010, 2:00 PM CT
November 30, 2010
December 14, 2:00 PM CT
EVENT
Date of Issue of the RFB
Date Questions Due
Estimated date for Responses to Questions Posted on VendorNet
Bids Due from Bidders
Note: Office hours are 8:00 am – 4:30 pm, Monday – Friday except when the building is closed on State Holidays
and posted Furlough Days. The above schedule currently has one furlough day (November 26).
3.4
REASONABLE ACCOMMODATIONS
The State will provide reasonable accommodations, including the provision of informational material in an
alternative format, for qualified individuals with disabilities upon request. If the vendor needs accommodations at a
bid opening, contact Brenda Derge at (608) 266-8613.
3.5
SUBMITTING A BID
Vendors must submit one (1) original, marked as such, and one (1) copy of all materials required for acceptance of
their bid by the deadline shown on the Request for Bid (DOA-3070) form. These materials must be delivered to:
USPS ADDRESS
COMMON CARRIER ADDRESS
Brenda Derge, Procurement Specialist
Department of Administration
State Bureau of Procurement
PO Box 7867
Madison WI 53707-7867
Brenda Derge, Procurement Specialist
Department of Administration
State Bureau of Procurement
101 East Wilson Street, 6th Floor
Madison WI 53703
Bid must be received in the above office and time-stamped by the State Purchasing Office indicated in the RFB prior
to the stated opening time. Bids not so stamped will be considered late. Receipt of a bid by the State mail system
does not constitute receipt of a bid by the State Purchasing Office, for purposes of this Request for Bid.
All bids must be packaged, sealed, and show the following information on the outside of the package:
Bidder’s Name and Address
Request for Bid Title
Request for Bid Number
Bid Due Date
Vendors who do not follow all instructions contained in this document will have their bid rejected.
3.6
FAXED BID
Faxed bids will not be accepted.
3.7
E-MAILED BID
E-mailed bids will not be accepted.
3.8
FORMAT OF BID
Vendors responding to this RFB must comply with the following format requirements:
a)
Signed Request for Bid Sheet: Include the signed Request for Bid sheet with the bid and those
certifications required for submittal of a bid. Bids submitted in response to this RFB must be signed by the
person in the vendor's organization who is responsible for the decision as to the prices being offered in the
bid or by a person who has been authorized in writing to act as agent for the person responsible for the
decision on prices.
By submitting a signed bid, the vendor's signatories certify that in connection with this procurement:
(a) the vendor's organization or an agent of the vendor's organization has arrived at the prices in its
bid without consultation, communication or agreement with any other respondent or with any
competitor for the purpose of restricting competition, (b) the prices quoted in the bid have not been
knowingly disclosed by the vendor's organization or by any agent of the vendor's organization and will not
be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor, and
(c) no attempt has been made or will be made by the vendor's organization or by any agent of the vendor's
organization to induce any other person or firm to submit or not to submit a bid for the purpose of
restricting competition.
(b)
State of Wisconsin Terms and Conditions: These standard and supplemental terms and conditions shall
govern this bid and subsequent award. Vendors must accept these terms and conditions or submit point-bypoint exceptions along with proposed alternative or additional language for each point, including any
vendor contracts. Submission of any standard vendor contracts as a substitute for language in the terms and
conditions is not a sufficient response to this requirement and may result in rejection of the vendor's bid.
The State reserves the right to negotiate contractual terms and conditions other than those in the State of
Wisconsin Contract when it is in the best interest of the State to do so.
(c)
Additional Information: Include the completed Vendor Information sheet and Vendor Reference sheet
and any other forms required in the bid. Include all additional information that will be essential to an
understanding of the bid. This might include diagrams, excerpts from manuals, or other explanatory
documentation that would clarify and/or substantiate the bid document.
(d)
Cost Information: Provide cost information on the Cost Sheet (Attachment A) included in this RFB.
All costs for furnishing the product(s) and/or service(s) included in the bid in accordance with the terms
and conditions in this RFB must be included.
(e)
Bidder Qualifications: Provide bidder qualifications response on Attachment B.
3.9
MULTIPLE BIDS
Multiple bids from a vendor will be permissible; however, each bid must conform fully to the requirements for bid
submission. Each such bid must be separately submitted and labeled as Bid #1, Bid #2, etc. on each page included in
the response.
3.10
INCURRING COSTS
The State of Wisconsin is not liable for any cost incurred by a vendor in the process of responding to this RFB.
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3.11
4.0
NEWS RELEASES
News releases pertaining to the RFB or to the acceptance, rejection, or evaluation of bids shall not be made without
the prior written approval of the State.
BID REVIEW, ACCEPTANCE AND AWARD
4.1
METHOD OF BID
a) Bidder must fully complete Attachment A, Columns A, B and C and submit a total cost on Column C, Line 5.
Alternate formats will be rejected. All submitted costs must be in U.S. dollars. Bid prices must include all costs.
Column A shall note the make/model if bidding an equivalent product. Column B shall have one unit price.
Column C shall multiply the quantity (provided separately for Lines 1, 2, 3, and 4) by the Column B unit price.
Line 5 is the sum of Column C, Lines 1, 2, 3, and 4. Make sure the math is accurate. In the event of a math error,
unit price will prevail.
b) FOB Destination, Freight Prepaid
Failure to bid FOB Destination, Freight Prepaid in bid price will disqualify the bid.
4.2
METHOD OF AWARD
Award shall be made on the basis of the lowest responsive and responsible bidder submitting the lowest
Attachment A Column C, Line 5 (total cost). The State reserves the right to make no award. Responses received
without pricing will be rejected.
Bids that require that the State shall guarantee a specific quantity or dollar amount will be disqualified.
4.3
BID OPENING
Bids will be opened on December 14, 2010, 2:00 PM at 101 E. Wilson St., Madison, WI, 6th Floor. Names of the
bidders may be read aloud at that time.
4.4
BID REVIEW AND ACCEPTANCE
Bids will be reviewed by the State to verify that they meet all specified requirements in this RFB to determine the
responsive, responsible bidder. The verification may include reviewing results of past awards to the bidder by the
State of Wisconsin and checking references.
Bids which do not comply with specifications contained in this RFB will be rejected by the State. The State retains
the right to accept or reject any or all bids, or accept or reject any part of a bid deemed to be in the best interest of
the State. The State shall be the sole judge as to compliance with the specifications contained in this RFB.
4.5
MINORITY PREFERENCE
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. 15.10(2), 16.75(4), 16.75(5) and 560.03(2), Wisconsin Statutes. The contracting agency is committed to
the promotion of minority business in the State’s purchasing program.
Bids from certified Minority Business Enterprises may have points weighted by a factor of 1.05 to provide a five
percent (5%) preference to these businesses.
4.6
5.0
NOTIFICATION OF AWARD
All bidders who respond to this RFB with a bid shall be notified in writing of the State's contract award as a result of
this RFB.
GENERAL AND TECHNICAL REQUIREMENTS
Conditions of bid that 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 or
condition of bid, the State reserves the right to delete that specification or condition of bid. FAILURE TO MEET A
MANDATORY REQUIREMENT SHALL DISQUALIFY THE BID.
Specific equipment make and model are provided to demonstrate required functionality and performance level desired.
Burden of proof is with the Bidder if other makes and models are offered. The bidder may offer an equivalent item believed
to be an equal. Any equivalent item bid must be clearly identified by manufacturer and model. Adequate detailed
specifications (including brochures, operating manuals, maintenance manuals, or other written materials) of any equivalent
item offered must be included with your bid to establish equivalency.
5.1
ASI ETHERNET CONVERTER
Quantity: 18
Harris IPA6800+D or approved equivalent
a) Interfaces
1. 100 MB/s Ethernet
2. Shall have traffic capacity for two simultaneous bidirectional ASI streams. Two ASI streams
are received and transmitted at once.
3. Shall have forward error correction on Ethernet transmission path.
5.2
JPEG2000 TRANSCEIVER
Quantity: 4
Harris CTT6800+HDT or approved equivalent
a) Video interface shall be SMPTE 292M with embedded audio
b) Encoding rate for audio and video combined shall be able to be configured to operate below a data rate of
100 mb/s.
5.3
VIDEO FRAME SYNCHRONIZATION
Quantity: 5
Harris HFS6801+D or approved equivalent
a) Must be able to be mounted in equipment shelf described below
b) Must facilitate both SDI and HD video
c) Must pass embedded audio
5.4
RACK MOUNTING SHELF AND POWER SUPPLY
Quantity: 10
Rack Mounting Shelf: Harris FR6822+QXFE or approved equivalent
Power Supply: Harris 6822+AC or approved equivalent
a) Each shelf shall include a redundant power supply
b) Each shelf shall include an Ethernet control interface
5.5
CONTROL AND MONITORING
Product compatibility
a) All equipment bid shall have web-based interface for local technician access.
b) All equipment bid shall be compatible with Harris Navigator or Evertz Vistalink. Both are existing centralized
configuration management systems presently utilized at ECB.
5.6
WARRANTY
All materials and workmanship is to be fully warranted against partial or complete failure for one (1) year, including
100% freight and labor on all claims.
Start of Warranties: Manufacturer’s warranty period shall commence at equipment delivery. A copy of the
warranties (Hardware and Software) will be provided within seven (7) calendar days after equipment delivery for
each site.
The manufacturer shall warranty all included software and firmware during the warranty period. This shall include
no-cost bug fixes, patches and version upgrades. Manufacturer shall provide the latest software releases at the time
of delivery. There shall be no recurring costs for software or firmware licensing, bug fixes, patches, telephone tech
support, and repairs for the duration of the warranty.
5.7
SERVICE BULLETINS AND MANUALS
a) Contractor shall provide service bulletins to the owner’s project representative as necessary.
b) Service bulletin will contain information about modifications or improvements to equipment.
c) Service bulletins shall also include instruction book updates, when applicable.
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d) Owner shall be supplied one set of printed manuals per delivery site. Multi-generation photocopies of the
manual is not acceptable.
e) Manuals shall include: installation instructions, MSDS information, set-up procedures, operating instructions,
theory of operation, maintenance instructions, and troubleshooting procedures.
f) Product documentation and firmware updates shall be provided via the manufacturer’s web site for a minimum
of three years.
6.0
7.0
COST INFORMATION
6.1
Bidders are to submit pricing on Attachment A provided. Alternate pricing formats will not be accepted.
6.2
Pricing must remain firm for the initial term of the contract. Prices established may be lowered due to general
market conditions. Any quantities ordered under the scope of this contract will use the unit pricing provided in
Attachment A.
6.3
Price change requests must be received by the Wisconsin Educational Communications Board in writing 60 calendar
days prior to the effective date of the proposed increase for acceptance or rejection. Proposed price increases are
limited to fully documented cost increases submitted with the request. If the State deems cost increases are not
acceptable, it reserves the right to rebid the contract in whole or part. Acceptance of the price increases shall be in
writing.
REQUIRED FORMS
7.1 The following forms must be completed and submitted with the bid in accordance with the instructions given in
Section 3.5, Submitting a Bid. Blank forms are attached.

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7.2
8.0
Request for Bid Form (DOA-3070), completed and signed
Vendor Information (DOA-3477)
Vendor Reference (DOA-3478)
Designation of Confidential & Proprietary Information (DOA-3027)
Vendor Agreement (DOA-3333)
Cost Sheet – Attachment A
Bidder Qualifications Response Sheet – Attachment B
Bidder References
Bidder must include in its bid response a completed Vendor Reference Form (DOA-3478), which is attached, listing at
least four names or companies with whom the bidder has done business similar to that required by this solicitation
within the last 3 years. For each client/customer/buyer/organization listed, the bidder must include the company name,
address, contact person and telephone number along with a brief description of the product/service, which was the
basis for the business relationship. The Agency will determine which, if any references to contact to assess the quality
of the product/service.
TERMS AND CONDITIONS
The State of Wisconsin reserves the right to incorporate standard State contract provisions into any contract negotiated with
any bid submitted responding to this RFB (Standard Terms and Conditions (DOA-3054) and Supplemental Standard Terms
and Conditions for Procurements for Services (DOA-3681)). Failure of the successful proposer to accept these obligations in
a contractual agreement may result in cancellation of the award.
SPECIAL TERMS AND CONDITIONS
8.1
PRIME CONTRACTOR AND MINORITY BUSINESS SUBCONTRACTORS
The prime Contractor will be responsible for Contract performance when subcontractors are used. When
subcontractors are used, they must abide by all terms and conditions of the contract. If subcontractors are to be used,
the bidder must clearly explain their participation. The state reserves the right to accept or reject the use of
subcontractors.
The State of Wisconsin’s policy provides that minority owned business enterprises certified by the Wisconsin
Department of Commerce, Bureau of Minority Development should have the maximum opportunity to participate in
the performance of its contracts. The 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 requested service or contract, with a goal of awarding at least 5% of the award amount of
this request for bid to such enterprises.
A listing of certified minority businesses, as well as the services and commodities they provide, is available from the
Department of Administration, Office of Minority Business Program, (608) 267-3293. The list is published on the
Internet at: http://vendornet.state.wi.us/vendornet/vguide/mbe.asp
8.2
CANCELLATION AND TERMINATION
The State reserves the right to cancel the Contract for any reason, by giving written notice to Contractor of such
cancellation and specifying the effective date thereof, at least fifteen (15) days before the effective date of such
cancellation. Contractor shall, in the event of such cancellation, be entitled to receive compensation for any work
accepted hereunder in accordance with the State's order(s). Contractor may also be compensated for partially
completed work in the event of such cancellation. The compensation for such partially completed work shall be no
more than the percentage of completion of each work effort, as determined in the sole discretion of the State, times
the corresponding payment for completion of such work as set forth in the State's order(s).
In addition, the State reserves the right to terminate the Contract for reasons of breach of contract, by giving written
notice to Contractor of such termination and specifying the effective date thereof, at least ten (10) days before the
effective date of such termination. Contractor shall, in the event of such termination, be entitled to receive
compensation for any work accepted hereunder in accordance with the State's order(s). Contractor shall also be
compensated for partially completed work in the event of such termination. The compensation for such partially
completed work shall be no more than the percentage of completion of each work effort, as determined in the sole
discretion of the State, times the corresponding payment for completion of such work as set forth in the State's
order(s).
Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for Contract
termination. If the Contractor fails to maintain and keep in force the insurance as provided in the State of Wisconsin
Standard Terms and Conditions, the State has the right to cancel and terminate the Contract without notice.
Upon cancellation, termination or other expiration of the Contract, each party shall forthwith return to the other all
papers, materials, and other properties of the other held by each for purposes of execution of the Contract. In
addition, each party will assist the other party in the orderly termination of this Contract and the transfer of all
aspects hereof, tangible or intangible, as may be necessary for the orderly, non-disruptive business continuation of
each party.
8.3
MODIFICATIONS OF CONTRACT
Any alterations made to the Contract must be rendered in writing and signed by both responsible parties; no changes
without such signed documentation shall be valid. No alterations outside of the general scope and intent of the
original Request for Bid or in excess of allowable and accepted price changes shall be made.
8.4
PROPRIETARY INFORMATION
Any restrictions on the use of data contained within a Request for Bid must be clearly stated in the bid 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.
Data contained in a bid, all documentation provided therein, and innovations developed as a result of the contracted
commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the
property of the State of Wisconsin.
Any material submitted by the vendor in response to this RFB 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), which is attached. Confidential information must be labeled as such.
Cost (pricing) always becomes public information when bids are opened, and therefore cannot be kept confidential.
Any other requests for confidentiality MUST be justified in writing on the form provided and included in the bid
submitted.
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8.5
TAX EXEMPTIONS AND CERTIFICATION OF COLLECTION OF SALES AND USE TAX
The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing
contract, if the vendor or contractor has not met or complied with the requirements of s.77.66 Wis. Stats., and related
statutes regarding certification for collection of sales and use tax.
The State of Wisconsin is exempt from payment of all federal tax and Wisconsin state and local taxes on its purchase
except Wisconsin excise taxes as defined in the Standard Terms and Conditions. The Wisconsin Educational
Communications Board is considered an IRC 501(c) organization.
8.6
PAYMENT TERMS
State agencies must meet a statutory mandate to pay or reject invoices within 30 days of receipt. Before payment is
made, the ordering agency must verify that all invoiced charges are correct and financial conditions are in
compliance with the contract and corresponding Purchase Order. Only properly submitted invoices will be officially
received for payment. Prompt payment requires that invoices be clear, complete and in compliance with conditions
of this Request for Bid and subsequent purchase orders.
Payment will not be made until the product is determined to meet all specifications and has been accepted by the
Department’s project representative.
Each invoice shall be specific as to equipment provided and must include any applicable purchase order number.
Payment for invoices that do not include detailed pricing information may be delayed until this information is
received.
The Contractor shall submit charges to reflect the prices and discounts established for the items on the Contract. The
Contractor will be paid after goods have been delivered and accepted as specified. A good faith dispute creates an
exception to prompt payment.
8.7
PANDEMIC/DISASTER PLANNING
Contractor will be expected to respond, upon request, with its plans for continuation of contracted services in the
event of wide-spread contagious illness affecting providers of services or major disaster. This plan is not required
with bids, but if requested, may be required from awarded Contractor(s). See Section 35.0 of the Standard Terms
and Conditions titled “Force Majeure”.
8.8
SHIPPING AND DELIVERY REQUIREMENTS
a) Ordering by State Agencies (other than ECB) or UW System: Delivery locations and delivery special terms
will be noted between the State and the Contractor.
8.9
SHIPPING AND DELIVERY REQUIREMENTS FOR ECB
a) Ship to Wisconsin Educational Communications Board Headquarters, 3319 W. Beltline Hwy, Madison, WI
53713.
b) The Local Site Engineer name will be provided to the contractor at the time of award. All shipping for
freight delivery shall be arranged through the local Site Engineer forty-eight (48) hours prior to the time that
the equipment leaves the Contractor’s premises. Early or “drop” shipments of equipment or materials to the
Owner’s site that do not have prior coordination with the local Site Engineer shall not be accepted and any
resulting return, holding or storage costs incurred until the Owner is able to accept shipment shall be the
responsibility of the Contractor.
c)
All equipment, as specified in this Request for Bid, shall be shipped FOB DESTINATION FREIGHT
PREPAID and INSTALLED, NOT Billable to the Owner’s site. The equipment and materials shall be
considered in the care and custody of the Contractor until inspected and accepted by the local Site Engineer.
d) Shippers, carriers or other delivery operatives shall be considered agents of the Contractor and the
Contractor shall assume full liability for loss, damage or theft of the equipment or materials during
shipment. Claims for loss, damage or theft of any equipment or materials supplied by the Contractor during
shipment shall be made and satisfied by the Contractor.
e)
The Contractor, through its designated shipper/carrier, shall be responsible for unloading and placement of
all equipment and materials at the Owner’s delivery site and per the Local Site Engineer’s direction.
f)
Inside delivery is required. The site has a loading dock.
g) Duplicates and Over Shipments
Upon notification by the Owner, all duplicate shipments or over shipments must be removed at Contractor’s
expense. If such goods are not removed within 30 days of written notification, the Owner reserves the right
to dispose of them as its own property and will not be held liable for the cost of either the equipment or its
disposal.
8.10
No materials or services will be supplied by the Owner.
8.11
WISCONSIN’S COOPERATIVE PURCHASING SERVICES
Commodities shall be made available to authorized users. See Vendor Agreement (DOA-3333) Wisconsin’s
Cooperative Purchasing Services, for definitions and other information on authorized users. Authorized users must
be able to obtain the commodities procured under the Contract at the same rates agreed to by the State and the
bidder. The Contractor shall be responsible for determining the status of potential authorized users and supplying
the State with documentation and support.
8.12
LIQUIDATED DAMAGES
Both parties acknowledge that it can be difficult to ascertain actual damages when a Contractor fails to carry out the
responsibilities of the contract. Because of that, the Contractor acknowledges that for the contract resulting from this
proposal, it will negotiate liquidated damages, as required by the State, for the contract. The contractor agrees that
the agency shall have the right to liquidate such damages, through deduction from the contractor’s invoices, in the
amount equal to the damages incurred, or by direct billing to the contractor.
The Department shall notify the Contractor in writing of any claim for liquidating damages pursuant to this section
within thirty (30) days after the Contractor’s failure to perform in accordance with the terms and conditions of this
agreement.
8.13
8.14
DEBARMENT
Federal Executive Order (E.O.) 12549 “Debarment” requires that all contractors receiving individual awards, using
federal funds, and all sub recipients 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. Information on debarment is available at the following websites:
www.epls.gov and www.acquisition.gov/FAR/.
ORDER OF PRECEDENCE
In the event of contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the
bid response from the successful bidder, and additional terms agreed to, in writing, by the Department and contractor
shall become part of the contract. Failure of the successful bidder to accept these as a contractual agreement may
result in a cancellation of award.
The following priority for contract documents will be used if there are conflicts or disputes:
1. The Final Signed Contract with clarifications or amendments included
2. Official Purchase Order
3. Bid response as accepted by the State of Wisconsin
4. State’s Request for Bid
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