BIDS MUST BE SEALED AND ADDRESSED TO: State of Wisconsin DOA-3070 (R08/2003)

BIDS MUST BE SEALED AND ADDRESSED TO: State of Wisconsin DOA-3070 (R08/2003)
State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 (R08/2003)
BIDS MUST BE SEALED AND ADDRESSED TO:
AGENCY ADDRESS:
Mike Morris / RFB #EC 140546
Department of Administration
Consolidated Agency Purchasing Services
th
101 E. Wilson Street, 6 Floor
Madison, WI 53703
REQUEST FOR BID #EC 140546
Remove from bidder list for this commodity/service. (Return this page only.)
Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid
# EC 140546. 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 in this office no later than
THIS IS NOT AN ORDER
BIDDER (Name and Address)
February 13, 2014 at 2:00 PM CST
Name (Contact for further information)
Mike Morris ([email protected]
Phone
Date
(608)261-5051
January 17, 2014
Quote Price and Delivery FOB
FOB DESTINATION FREIGHT PREPAID AND ALLOWED
Item
No.
Quantity
and Unit
Price
Per Unit
Description
Total
Request for Bid
Master Control Equipment
for Educational Communications Board
Payment Terms
Delivery Time
We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be
certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington
Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids.
We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center
Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.
Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in
our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United
States.
Yes
No
Unknown
In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free
competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder,
competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of
perjury.
We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.
Name of Authorized Company Representative (Type or Print)
Title
Signature of Above
Date
Phone
(
Fax
(
Federal Employer Identification No.
)
)
Social Security No. if Sole
Proprietor (Voluntary)
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
TABLE OF CONTENTS
1.0 INTRODUCTION AND PURPOSE...................................................................................................................... 3
1.1 DEFINITIONS ............................................................................................................................................... 3
1.2 ACRONYMS ................................................................................................................................................. 4
1.3 DESCRIPTION AND PURPOSE ................................................................................................................... 4
1.4 OVERVIEW OF PROCURING AGENCY ...................................................................................................... 4
1.5 CONTRACT TERM AND RENEWAL ............................................................................................................ 4
1.6 MODIFICATIONS OF CONTRACT ............................................................................................................... 5
1.7 ORDER OF PRECEDENCE.......................................................................................................................... 5
1.8 COOPERATIVE PURCHASING SERVICES ................................................................................................ 5
2.0 BIDDER QUALIFICATIONS & REQUIREMENTS ............................................................................................. 5
3.0 MANDATORY REQUIRED SPECIFICATIONS OF BID..................................................................................... 5
3.1 TECHNICAL REQUIREMENTS .................................................................................................................... 5
3.2 PERFORMANCE AND SUPPORT REQUIREMENTS ................................................................................. 8
4.0 SPECIAL TERMS AND CONDITIONS OF BIDS ............................................................................................... 9
4.1 DELIVERY REQUIREMENTS....................................................................................................................... 9
4.2 ACCEPTANCE TESTING ............................................................................................................................. 9
4.3 FRATERNIZATION / AGENCY RULES ........................................................................................................ 9
4.4 PAYMENT TERMS ....................................................................................................................................... 9
4.5 CANCELLATION AND TERMINATION ........................................................................................................ 9
5.0 PRICING STRUCTURE AND PRICE SHEET INSTRUCTIONS ...................................................................... 10
5.1 METHOD OF BID ........................................................................................................................................ 10
5.2 REQUESTING PRICE ADJUSTMENTS ..................................................................................................... 10
5.3 FOB INSTALLATION FREIGHT PREPAID AND ALLOWED ...................................................................... 10
5.4 PRICE SHEET INSTRUCTIONS ................................................................................................................ 10
6.0 BID PROCEDURE AND INSTRUCTIONS........................................................................................................ 10
6.1 CALENDAR OF EVENTS............................................................................................................................ 10
6.2 CORRESPONDANCE, CLARIFICATIONS AND QUESTIONS .................................................................. 11
6.3 REASONABLE ACCOMODATIONS ........................................................................................................... 11
6.4 VENDOR REGISTRATION ......................................................................................................................... 11
6.5 SUBMITTING A BID .................................................................................................................................... 11
6.6 FAXED BIDS ............................................................................................................................................... 12
6.7 EMAILED BIDS ........................................................................................................................................... 12
6.8 FORMAT OF BID RESPONSE.................................................................................................................... 12
6.9 MULTIPLE BIDS ......................................................................................................................................... 12
6.10 INCURRING COSTS ................................................................................................................................... 12
6.11 NEWS RELEASES ...................................................................................................................................... 12
7.0 BID ACCEPTANCE AND AWARD ................................................................................................................... 13
7.1 BID OPENING ............................................................................................................................................. 13
7.2 BID REVIEW ............................................................................................................................................... 13
7.3 BID ACCEPTANCE ..................................................................................................................................... 13
7.4 METHOD OF AWARD................................................................................................................................. 13
7.5 BIDDER REFERENCES/CLIENT LIST ....................................................................................................... 13
7.6 USE OF CONTRACTORS .......................................................................................................................... 13
7.7 SUPPLIER DIVERSITY............................................................................................................................... 13
7.8 AWARD NOTIFICATION............................................................................................................................. 14
8.0 REQUIRED FORMS .......................................................................................................................................... 14
1.0
INTRODUCTION AND PURPOSE
1.1
DEFINITIONS
For the purpose of this Request for Bid and resulting Contract(s), the following definitions of terms shall apply,
unless otherwise indicated:
Agency:
Authority:
Authorized Users:
Bid:
Bidder:
Commodity:
Contract:
Contract
Administrator:
Contractor:
Contract
Manager:
Contractual
Services or
Services:
an office, department, agency, institution of higher education, association, society or other body in state
government created or authorized to be created by the constitution or any law, which is entitled to
expend moneys appropriated by law, including the legislature and the courts, but not including an
authority.
a body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 232, 233, 234,
235, 237, or 279.
includes any State Agency, University of Wisconsin campus, or other state or local public body
authorized to use statewide contracts, as established in §§ 16.70 (1b), (1e), (2), (4) and (8), 16.73 and
66.0301 of the Wisconsin Statutes and § PRO-D-30 of the State Procurement Manual.
a price quotation specifically given to a prospective purchaser by a prospective seller; a Bid is an offer
to sell.
a person or firm that responds to this Request for Bid.
a tangible article of trade or item of merchandise; goods, products, materials, supplies, or finished
products. A Commodity is not a Service for purposes of this RFB, but a Commodity may include
incidental or related Services.
the written agreement between the successful Bidder and the State covering the commodities and
services to be performed pursuant to this RFB.
the Procuring Agency employee responsible for oversight of the implementation, administration, and
completion of the Contract.
the person or entity that has been awarded the Contract as a result of this Bid, and who is required to
provide equipment, materials, supplies, contractual services, or leasing real property to, the Procuring
Agency.
the employee of an Agency responsible for 1) resolving contractual matters that cannot be resolved
with the Contract Administrator; and 2) facilitating and/or completing all official actions under the
contract including but not limited to amendments, renewals and termination.
an intangible product, including actions, recommendations, plans, research, customizations,
modifications, documentation, and maintenance and support, including all related materials necessary
to fulfill that which the successful Bidder is obligated to accomplish or provide under this RFB, and
any limited trades work involving less than $30,000 to be done for or furnished to the State or any
Agency. A Service is not a Commodity under this RFB.
Minority Business
Enterprise (MBE):
a business that has been certified under s. Comm 105.14, 105.21, or 105.23.
Municipality:
any county, city, village, town, school district, board of school directors, sewer district, drainage
district, vocational, technical and adult education district, or any other public body having the authority
to award public contracts (s. 16.70(8), Wis.Stats.).
a writing submitted by a Bidder or other aggrieved party to the Procuring Agency protesting the
solicitation process or the selection of a Bidder for a service contract as provided under Chapter Adm
10.15 of the Wisconsin Administrative Code.
a writing issued by the Procuring Agency notifying all Bidders of the Procuring Agency’s intent to
award a service contract to the successful Bidder.
a writing issued by the Procuring Agency notifying all Bidders of the Procuring Agency’s intent to
award a Commodity contract to the successful Bidder.
a charge card issued to an authorized state employee through the Department of Administration, State
Bureau of Procurement’s Purchasing Card Contract.
a Bidder who receives an award in response to this RFB
the Procuring Agency’s procurement specialist or other person responsible for overseeing and
administering the procurement process for a Bid.
the state Agency conducting this Request for Bid.
Request for Bid
a descriptive statement of the physical, functional and performance characteristics of the commodity or
service required by the Procuring Agency. A Specification may be a description of the physical or
functional characteristics, or of the nature of a supply. It may include a description of any requirement
for inspecting, testing or preparing a supply item for delivery, or the necessary performance criteria.
in totality, all products required within the bid
Notice of Intent to
Protest:
Notice of Intent to
Award:
Notice of Award
Purchasing Card
(p-card)
Prime Contractor:
Procurement
Manager:
Procuring Agency:
RFB:
Specification:
System Products:
1.2
ACRONYMS
For the purpose of this Request for Bid and resulting Contract(s), the following Acronyms shall apply, unless
otherwise indicated:
Agency
Wisconsin Department of Educational Communications Board
CAPS
Consolidated Agency Purchasing Services
CT
Central Time
Day
Calendar day unless otherwise indicated
DOA
Wisconsin Department of Administration
DV
Digital Video
DVI-D
Digital Visual Interface (digital only)
DVB
Disabled Veteran Owned Business
DVE
Digital Video Effect
ECB
Educational Communications Board
EIA-608
Standard Definition Video Captions
EIA-708
High Definition Video Captions
FOB
Free on Board
GOP
Group of Pictures
HD
High Definition Video
LCD
Liquid Crystal Display
MBE
Minority Business Enterprise
SD
Standard Definition Video
State
State of Wisconsin
TB
Terabyte
TCP/IP
Transmission Control Protocol / Internet Protocol
USB
Universal Serial Bus
USPS
United States Postal Services
VANC
Vertical Ancillary Data Space
Vendor
person or company that sells goods or services
VGA
Video Graphics Array
1.3
DESCRIPTION AND PURPOSE
The Department of Administration (DOA), Consolidated Agency Purchasing Services (CAPS), on behalf of the
Wisconsin Educational Communications Board (ECB), requests bids for the purchase of equipment, control
software, installation and configuration assistance, training and maintenance necessary to replace the master control
system at ECB’s Operations Center in Madison, WI. The State does not guarantee to purchase any specific quantity
or dollar amount. The State reserves the right to make no award. Bids that require a minimum expenditure on the
contract will be rejected.
1.4
OVERVIEW OF EDUCATIONAL COMMUNICATIONS BOARD
The Wisconsin Educational Communications Board is a State Agency that delivers educational, non-commercial
and public safety media to the citizens of Wisconsin. This is accomplished by providing a statewide
telecommunications system. The ECB is committed to ensuring that public radio, public television and digital
services reflect and respond to the educational and cultural interests and needs of the residents of Wisconsin.
1.5
CONTRACT TERM AND RENEWAL
The Request for Bid (RFB) documents, the awarded Bidder’s response as accepted by the ECB and any purchase
order related to this RFB shall become the contract between the parties unless a separate contract is executed.
The contract will run an initial three-year period. The ECB and the Contractor, upon written mutual agreement, may
renew the Contract for up to an additional two (2) one-year periods. The Contract shall be effective on the date it is
executed by the ECB. If no formal contract is executed, the effective date of the contract is the date of the purchase
order.
1.6
MODIFICATIONS OF CONTRACT
The Contract must not be used for purchasing commodities or services outside of the general scope and intent of the
original Request for Bid. Any modifications made to the Contract must fall within the scope of the Bid and be
rendered in writing and signed by both parties or they will be void.
1.7
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 as accepted by the Procuring Agency, and any additional terms agreed to in
writing by the parties shall be incorporated into the Contract. Failure of the successful Bidder to accept these
elements into the Contract will result in the cancellation of the contract award.
In the event of conflict with the incorporated elements of the Contract, the following order of precedence will
prevail:
 Official Purchase Order
 Final Signed Contract with clarifications included
 Bid Response as accepted by the State of Wisconsin
 Request for Bid
1.8
2.0
COOPERATIVE PURCHASING SERVICES
Commodities and services may be made available to Municipalities upon agreement of the Contractor. See Vendor
Agreement-Wisconsin’s Cooperative Purchasing Service (DOA-3333), for definitions and other information on
Municipalities. Municipalities shall be able to obtain the commodities and services procured under the Contract at
the same rates agreed to by the Educational Communications Board and the Contractor. The Contractor shall be
responsible for confirming the status of potential Municipalities with the Educational Communications Board and
providing appropriate documentation and support and reporting contract usage by Municipalities (see Vendor
Agreement – Wisconsin’s Cooperative Purchasing Service, DOA-3333, attached to this RFB).
BIDDER QUALIFICATIONS AND REQUIREMENTS
All Bidder qualifications in this section are mandatory. Failure to meet a qualification will disqualify your Bid. However, the
ECB reserves the right to waive any qualification if no Bidder is able to satisfy that qualification.
2.1
2.2
The Bidder shall be in the business of providing similar sized master control system projects, and shall have done so
for the past three (3) years.
The Bidder shall be a factory authorized reseller or manufacturer offering current production items.
It is the Bidder’s responsibility to demonstrate its qualifications by submitting appropriate references that indicate a minimum of
three years of experience providing similar sized projects; and are a factory authorized reseller or manufacturer offering current
production items specified within the Bid.
3.0
MANDATORY REQUIRED SPECIFICATIONS OF BID
All requirements in this section (3.1 and 3.2) are mandatory. Bidder shall use Appendix A (Response to Bid Requirements) to
respond to this section. Failure to meet any mandatory requirement will result in rejection of the Bid. However, in the event
that no Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids
and to select the Bid that most closely meets the requirements specified in this RFB.
3.1
TECHNICAL REQUIREMENTS
3.1.1 Compatibility and Integration
3.1.1.1 The system products bid must be fully compatible with Titan Sundance automation, Grass Valley
Concerto router control system and Masstech tape archive system.
3.1.1.2 If requested, Bidder shall demonstrate compatibility of system products bid to the satisfaction of
ECB engineering team. ECB shall be the sole determinate of system compatability.
3.1.1.3 Bidder shall be responsible for all costs associated with hardware configurations, software
solutions and other expenses associated with compatibility between hardware identified within the
Bidder’s response and the current hardware identified in 3.1.1.1.
3.1.1.4 The entire master control system shall comply with current industry, FCC, ATSC standards and
regulations.
3.1.2
Equipment Specifications
3.1.2.1 Two (2) Rascular Helm Software Master Control and Monitoring System or Equivalent
3.1.2.1.1 The software master control and monitoring system shall allow full control and
monitoring of all automated and manual server channel playout and branding.
3.1.2.1.2 The software master control and monitoring system shall include two (2) separate
workstations that can operate independently from each other.
3.1.2.1.3 Two (2) 19-inch, USB, capacitive dual touch, zero bezel, glass surface LCD monitors,
with VGA and DVI-D inputs and 1280x1024 resolution.
3.1.2.1.4 Both software master control and monitoring system workstations shall come installed
with both keyboard and mouse operation and touchscreen operation.
3.1.2.1.5 The software master control and monitoring system shall be fully user-configurable and
user-definable to control and monitor multiple output channels.
3.1.2.1.6 The software master control and monitoring system shall incorporate drag-and-drop panel
design.
3.1.2.1.7 The software master control and monitoring system shall allow for the on screen creation
and operation of legacy Grass Valley Encore control panels.
3.1.2.1.8 The software master control and monitoring system shall be scalable through the
acquisition of the appropriate licenses.
3.1.2.1.9 The software master control and monitoring system shall incorporate an integrated
character generator, which allows for on-air text updates.
3.1.2.1.10
The software master control and monitoring system shall allow operators to
import an emergency playlist for playout in emergency situations.
3.1.2.1.11
The software master control and monitoring system shall provide for keyer
monitoring and control.
3.1.2.1.12
The software master control and monitoring system shall allow for the browsing
and loading of branding graphics.
3.1.2.1.13
The software master control and monitoring system shall allow for the browsing
and loading of server assets.
3.1.2.1.14
The software master control and monitoring system shall allow for DVE control
via templates.
3.1.2.1.15
The software master control and monitoring system shall use TCP/IP based
communications.
3.1.2.1.16
The software master control and monitoring system shall allow for usercustomizable buttons, icons and backgrounds.
3.1.2.1.17
The software master control and monitoring system shall provide for integral
timers for device and event triggers.
3.1.2.2 Two (2) Harmonic MediaCenter 2200 Servers with ten (10) Harmonic MediaPorts and ten (10)
Harmonic ChannelPorts or Equivalent
3.1.2.2.1 The media server system shall include a main and back-up media server with a minimum
of 24 TB of raw storage and 16 TB of usable storage for each domain.
3.1.2.2.2 The main and back-up media server systems shall provide ten (10) HD/SD DV/MPEG-2
playout channels with up/down/cross conversion, four (4) key layers, live input and
Master Control Switching. Six (6) playout channels shall be EAS capable.
3.1.2.2.3 The main and back-up media server system shall provide ten (10) HD/SD MPEG-2 ingest
channels with HD/SD auto sense on record and auto up/down/cross conversion on
playback.
3.1.2.2.4 The main and back-up media server system shall support SD MPEG-2 at 3-24.9 Mbps
long GOP; 25-50 Mbps I-frame.
3.1.2.2.5 The main and back-up media server system shall support HD-MPEG-2 at 18-85 Mbps
long GOP; 50-100 Mbps I-frame.
3.1.2.2.6 The main and back-up media server system up-conversion shall be configurable as
follows: pillarbox, crop, anamorphic. EIA-608 captions translated to EIA-708 Line 21.
3.1.2.2.7 The main and back-up media server system down-conversion shall be configurable as
follows: letterbox, crop, anamorphic. EIA-608 compatibility bytes extracted from EIA708 data to create EIA-608 captions.
3.1.2.2.8 The main and back-up media server system shall provide HD cross conversion from 720p
to 1080i and 1080i to 720p.
3.1.2.2.9 The main and back-up media server system shall provide for simulcast on every channel,
where SD-only channels include two identical outputs and HD-capable channels include
two independently configurable outputs. An HD video channel can be presented in both
720p and 1080i.
3.1.2.2.10
Each record and playback port shall be capable of handling up to sixteen (16)
channels of uncompressed PCM embedded audio.
3.1.2.2.11
The main and back-up media server system shall provide full VBI and VANC
support.
3.1.2.2.12
The main and back-up media server system shall provide support for EIA-608
and EIA-708 closed captions.
3.1.3
3.1.2.2.13
The main and back-up media server system shall provide a software tool for the
creation of AFD data on existing program material.
3.1.2.2.14
The main and back-up media server system shall support broadcast video and
file wrappers including MXF.
3.1.2.2.15
The main and back-up media server system shall support independent branding
of simulcast channels.
3.1.2.2.16
The main and back-up media server system shall support integrated storage of
branding graphics.
3.1.2.2.17
The main and back-up media server system shall support preview of clips and
graphics.
3.1.2.2.18
The main and back-up media server system shall provide for animated graphics.
3.1.2.2.19
The main and back-up media server system shall provide DVE on six (6)
playout channels.
3.1.2.2.20
The main and back-up media server system shall provide full source preview
capacity.
3.1.2.2.21
The main and back-up media server system shall support voice-over recording
and playback capability.
3.1.2.2.22
The main and back-up media server system shall support SD/HD simulcast on
all channels. The main and back-up system shall include a system management server
that monitors the video server components with real time fault reporting and alerting.
This shall include a web based Graphical User Interface (GUI) and e-mailing capability.
3.1.2.2.23
The main and back-up media server system shall use the Oxtel Automation
Protocol.
3.1.2.2.24
The main and back-up media server system automation interface shall be RS422.
3.1.2.2.25
The main and back-up media server system shall have a user software interface
such as Harmonic’s Track Tool for the inclusion of Active Format Description (AFD)
settings on legacy material.
3.1.2.2.26
The main and back-up media server system shall support AFD control of crossconversion per Society of Motion Pictures and Television Engineers (SMPTE) 2016.
3.1.2.2.27
The main and back-up media server system shall contain main and redundant
hot-swappable power supplies.
3.1.2.2.28
All main and back-up media server system modules shall be hot-swappable.
3.1.2.2.29
The main and back-up media server system server drives shall be hot swappable
with uninterrupted playback and record with automatic background rebuild.
3.1.2.2.30
The main and back-up media server system shall be configured so that there is
no single point-of-failure within the system that causes an on-air disruption. Failed
components shall be able to be swapped out while the system remains operational.
3.1.2.3 Audio 5.1 Upconversion, Audio Processing and Dolby Encoding Equipment
3.1.2.3.1 The processing and upconversion equipment shall include the necessary equipment to
provide four (4) playout channels with stereo to 5.1 upconversion, audio processing and
Dolby Encoding.
3.1.2.3.2 The processing and upconversion equipment shall automatically (without external
control) pass through 5.1 or upconvert stereo to 5.1.
3.1.2.3.3 The processing and upconversion equipment upconversion to 5.1 shall be compatible
with downstream devices performing downconversion to stereo.
3.1.2.3.4 The processing and upconversion equipment shall automatically sense inbound
programming for stereo or 5.1 presence.
3.1.2.3.5 The processing and upconversion equipment interface shall accept a minimum of eight
(8) embedded audio input channels.
3.1.2.3.6 The processing and upconversion equipment shall provide means for leveling audio in
compliance to Advance Television Systems Committee (ATSC) – A85.
3.1.2.3.7 The processing and upconversion equipment shall provide for Dolby Digital (AC-3)
encoding when in 5.1 mode.
3.1.2.3.8 The processing and upconversion equipment shall include dual redundant power supplies.
3.1.2.3.9 The processing and upconversion equipment shall include failover bypass relays.
3.1.2.3.10
The processing and upconversion equipment shall include Ethernet connectivity
for device set-up and equipment status monitoring.
3.1.2.3.11
The processing and upconversion equipment shall include all necessary housing
to make the equipment fully operational.
Additional Specifications
The following specifications shall be purchased at ECB discretion. These features, while mandatory
requirements of the system, may or may not be purchased in whole or in part. ECB shall notify vendor
should ECB choose to purchase any or all of the following.
3.1.3.1 Dual integrated DVE’s for all playback channels.
3.1.3.2 DVE capability on four (4) additional playout channels.
3.1.3.3 Proxy option that enables simultaneous generation of both low- and high-resolution clips during
recording. Chroma sampling options are available for 4:2:2, 4:2:0 and 4:1:1, as appropriate for the
operating point.
3.1.3.4 One additional outboard audio device to provide stereo to 5.1 upconversion, audio processing and
Dolby Encoding as noted in section 3.1.2.3.
3.2 PERFORMANCE AND SUPPORT REQUIREMENTS
3.2.1
Installation
3.2.2.1 ECB Engineering will perform installation of all system products.
3.2.2.2 Bidder shall provide set-up, test and operation of all system products after ECB Engineering
installation.
3.2.2.3 Bidder shall include all travel and lodging expenses for set-up and test in bid price.
3.2.2
Training
3.2.2.1 Bidder shall provide training at 3319 West Beltline Highway, Madison WI 53713.
3.2.2.2 Bidder shall provide one eight-hour, on-site maintenance training for the maintenance staff of the
ECB operations center prior to equipment arrival. Training shall relate to all equipment in the
master control system including the software master control and monitoring equipment, main and
back-up servers and outboard audio system. Maintenance training shall include equipment set-up,
operation and troubleshooting procedures. Scheduling of this training shall occur at a mutually
agreed upon date and time.
3.2.2.3 Bidder shall provide on-site operations training for the ECB staff of the operations center after
installation of all system products. Training shall relate to the operations of all equipment in the
master control system including the software master control and monitoring equipment, main and
back-up servers and the outboard audio system. Operations training shall be provided in two
separate and complete sessions to provide for rotating operations shifts. Scheduling of this training
shall occur at a mutually agreed upon date and time.
3.2.2.4 Bidder shall include all travel and lodging expenses for all trainings in bid price.
3.2.3
Warranty and Support
3.2.3.1 All system products shall have a minimum of three (3) year warranty of parts and labor. This
warranty shall include the replacement of defective components and/or circuit boards and the
shipment of loaner and replacement parts to ECB.
3.2.3.2 Bidder shall ensure technical support is available twenty-four hours per day, seven days per week,
through either phone or email support.
3.2.3.3 Bidder shall be responsible for providing manufacturer trained and authorized engineers or factory
trained service technicians to perform any warranty or non-warranty work.
3.2.3.4 Bidder shall ensure manufacturer trained and authorized engineers or factory trained service
technicians are available within seventy-two (72) hours after ECB requests service.
3.2.3.5 Bidder shall ensure parts are available within three (3) business days.
3.2.4
Service Bulletins
3.2.4.1 Bidder shall ensure ECB is notified of any and all service bulletins.
3.2.4.2 Bidder shall ensure hardware and software improvements or upgrades are communicated to ECB.
3.2.4.3 Bidder shall ensure all updated or revised instruction manuals, service manuals and maintenance
manuals are provided to ECB.
3.2.4.4 All requirements for 3.2.4 shall be provided to ECB at no cost to ECB.
3.2.5
Manuals
3.2.5.1 Bidder shall provide ECB with two printed sets of instruction manuals. These manuals shall
include installation, operation and maintenance instructions, along with troubleshooting
procedures for all system products.
3.2.5.2 Bidder shall provide a parts list, including part number, circuit designator and description, along
with generic industry recognized numbers for all system products wherever possible.
3.2.5.3 Bidder shall provide wiring diagrams and schematics of all system products.
3.2.6
Additional Support Requirements
The following support requirement shall be purchased at ECB discretion. ECB shall notify vendor should
ECB choose to purchase any or all of the following.
3.2.6.1 Additional year of maintenance warranty and service support of all system products.
4.0
SPECIAL TERMS AND CONDITIONS OF BID
The State reserves the right to negotiate these terms and conditions when it is in the best interest of the State to do so. The
bidder may not submit its own contract document as a substitute for the State’s Special Terms and Conditions.
Bidders must accept all terms and conditions or submit point-by-point exceptions along with proposed alternative or
additional language for each point. The State may or may not consider any of the Bidder’s suggested revisions. Any changes
or amendment to any of the terms and conditions will occur only if the change is in the best interest of the State.
4.1 DELIVERY REQUIREMENTS
4.1.1
Delivery location is:
Educational Communications Board
3319 West Beltline Highway
Madison, WI 53713
4.1.2
Delivery shall be scheduled at least one week in advance with Contract Administrator.
4.1.3
Delivery shall occur between the hours of 7:30 and 4:30 PM, Monday – Friday.
4.1.4
A loading dock is available if necessary.
4.1.5
Bidder shall ensure delivery of all system products occurs no more than eight (8) weeks after issuance of
purchase order.
4.2 ACCEPTANCE TESTING
4.2.1
Upon installation and configuration, ECB shall ensure all system products meet specifications of this Bid.
Should any system products not meet specifications, Bidder shall replace with products that meet
specifications of Bid, at Bidder’s expense. ECB shall be sole determinant as to system products meeting
specifications. Failure of Bidder to provide system products that meet specifications of this Bid may result
in cancellation of the Contract.
4.2.2
ECB shall observe functionality of all system products and ensure proper operation of all Mandatory
Required Specifications of this Bid for forty-eight (48) hours to complete testing.
4.3 FRATERNIZATION/AGENCY WORK RULES
All Contractors and their subcontractors working on-site are subject to departmental rules. A copy of these rules may be
obtained by written request to the Educational Communications Board.
4.4 PAYMENT TERMS
4.4.1
ECB agrees to the following invoicing schedule:
4.4.1.1 Invoice for 75% of total Bid cost upon receipt of master control system.
4.4.1.2 Invoice for balance of total Bid cost upon notification from ECB that all system products meet
Acceptance Testing.
4.5 CANCELLATION AND TERMINATION
4.5.1
TERMINATION FOR CAUSE
The State may terminate this Contract after providing the Contractor with thirty (30) calendar days written
notice of the Contractor’s right to cure a failure of the Contractor to perform under the terms of this
Contract.
The Contractor may terminate this Contract after providing the State one hundred and twenty (120)
calendar days notice of the State’s right to cure a failure of the State to perform under the terms of this
Contract.
Upon the termination of this Contract for any reason, or upon Contract expiration, each party shall be
released from all obligations to the other party arising after the date of termination or expiration, except for
those that by their terms survive such termination or expiration.
4.5.2
TERMINATION FOR CONVENIENCE
Either party may terminate this Contract at any time, without cause, by providing a written notice; the State
by providing at least thirty (30) calendar days notice to the Contractor, and the Contractor providing at least
one hundred and twenty (90) calendar days notice to the State in advance of the intended date of
termination.
In the event of termination for convenience, the Contractor shall be entitled to receive compensation for
any fees owed under the Contract. The Contractor shall also be compensated for partially completed
Services. In this event, compensation for such partially completed Services shall be no more than the
percentage of completion of the Services requested, at the sole discretion of the State, multiplied by the
corresponding payment for completion of such Services as set forth in the Contract. Alternatively, at the
sole discretion of the State, the Contractor may be compensated for the actual Service hours provided. The
State shall be entitled to a refund for goods or services paid for but not received or implemented, such
refund to be paid within 30 days of written notice to the Contractor requesting the refund.
4.5.3
CONTRACT CANCELLATION
The State reserves the right to cancel this Contract in whole or in part without penalty if the Contractor:

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
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5.0
Fails to perform any material obligation required under the Contract
Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity
Allows any final judgment not to be satisfied or a lien not to be disputed after a legallyimposed, 30-day notice.
Makes an assignment for the benefit of creditors
Fails to follow the sales and use tax certification requirements of s. 77.66 of the Wisconsin Statutes;
Incurs a delinquent Wisconsin tax liability;
Fails to submit a non-discrimination or affirmative action plan as required here in.
Fails to follow the non-discrimination or affirmative action requirements of subch. II, Chapter 111 of
the Wisconsin Statutes (Wisconsin’s Fair Employment Law);
Becomes a federally debarred Contractor;
Is excluded from federal procurement and non-procurement contracts;
Fails to maintain and keep in force all required insurance, permits and licenses as provided in this
Contract
Fails to maintain the confidentiality of the State’s information that is considered to be Confidential
Information, proprietary, or containing Personally Identifiable Information, or
Contractor performance threatens the health or safety of a State employee or State customer.
PRICING STRUCTURE AND PRICE SHEET INSTRUCTIONS
5.1 METHOD OF BID
The Bidder must submit a net unit cost and an extended cost for each item specified. Prices must be in U.S. dollars. In
the event of errors in calculation, unit cost shall prevail.
5.2 REQUESTING PRICE ADJUSTMENTS
Price increases will not be permitted during the initial Contract term or the optional renewal periods. Any price decreases
from the manufacturer or supplier that are passed through to the Bidder are required to be passed to the ECB within 30
days of the effective date of the price decrease.
5.3 FOB DESITNATION, FREIGHT PREPAID AND ALLOWED
Items are to be delivered to 3319 West Beltline Highway, Madison WI 53713, FOB DESTINATION FREIGHT
PREPAID AND ALLOWED. Bid prices must include all packing, freight and insurance
Failure to bid FOB Destination Freight Prepaid and Allowed in the Bid price will disqualify the Bid.
5.4 COST SHEET INSTRUCTIONS
Bidders must complete the attached Bid Cost Sheet (Appendix B). Bidders may not alter the Bid Cost Sheet in any
manner unless instructions on the Bid Cost Sheet indicate otherwise. Failure to fill in all fields as instructed may result in
rejection of bid.
6.0
BID PROCEDURE AND INSTRUCTIONS
6.1 CALENDAR OF EVENTS
Listed below are important dates and times by which actions related to this Request for Bid must be completed. In the
event that the Department of Administration finds it necessary to change any of these dates and times, it will do so by
posting an amendment to this RFB on VendorNet.
DATE
January 17, 2014
January 30, 2014 at 2:00 PM CST
February 6, 2014
February 13, 2014 at 2:00 PM CST
February 21, 2014
EVENT
Date of Issue of the RFB.
Date Questions Due
Responses to Questions Posted to VendorNet
Bids Due from Bidders
*Anticipated Award Date
*Estimated dates will not be changed by issuing an amendment to this RFB.
6.2 CORRESPENDANCE, CLARIFICATIONS AND QUESTIONS
Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document by January
30, 2014, 2:00 PM CST. If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other
deficiency in this RFB, the Bidder must immediately notify the Department of Administration representative named
below of the issue in writing and request modification or clarification of the RFB document.
Email is the preferred method of written contact: Please email to: [email protected] --or —
USPS ADDRESS
Mike Morris / RFB #EC 140546
Department of Administration
State Bureau of Procurement
PO Box 7867
Madison, WI 53707-7867
COMMON CARRIER ADDRESS
Mike Morris / RFB #EC 140546
Department of Administration
State Bureau of Procurement
101 East Wilson Street, 6th Floor
Madison, WI 53703
All communication and/or questions on all matters regarding this Bid must be made in writing, refer to Request for Bid #
EC 140546 and be directed to Mike Morris.
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 (http://vendornet.state.wi.us).
All contact or communication with any employee or officer of the State of Wisconsin concerning this RFB, except Mike
Morris, is strictly prohibited during the period from the date this RFB is released until the date the notice of intent to
award is issued. Mike Morris may authorize in writing contact or communication with another state employee or officer
as circumstances may dictate. Prospective Bidders who hold a current contract with the Educational Communications
Board may continue to communicate with the Educational Communications Board Contract Administrator regarding the
performance of that current contract only.
6.3 REASONABLE ACCOMMODATIONS
Upon request, ECB must provide reasonable accommodations, including the provisions of informational material in an
alternate format, for qualified individuals with a disability. If accommodations are needed at a Bid opening, please
contact Mike Morris at [email protected] or (608)261-5051.
6.4 VENDOR REGISTRATION
Registration on the State of Wisconsin’s VendorNet System (http://vendornet.state.wi.us) is available free of charge to
all businesses and organizations that wish to sell commodity and services to the State. By registering on VendorNet, a
Bidder may register for a bidders list for any commodity or service the Bidder is interested in providing to the State.
VendorNet also provides automatic email notification each time a Procuring State Agency, including University of
Wisconsin System campuses, posts a Request for Bid with an estimated value over $50,000 in their designated
commodity and or service area(s). Only registered Bidders with a valid email address at the time an RFB is posted will
receive email notifications of amendments. Bidders who obtain the RFB from a third party, through the State of
Wisconsin Public Notices website or by any other means assume responsibility for checking for updates to the RFB.
6.5 SUBMITTING A BID
Bidders must submit an original signed Bid, marked as stated below, and two (2) hard copies of all materials required for
acceptance of their Bid by the deadline shown on the Request for Bid (DOA-3070) form to:
USPS ADDRESS
Mike Morris / RFB #EC 140546
Department of Administration
State Bureau of Procurement
PO Box 7867
Madison, WI 53707-7867
COMMON CARRIER ADDRESS
Mike Morris / RFB #EC 140546
Department of Administration
State Bureau of Procurement
101 East Wilson Street, 6th Floor
Madison, WI 53703
All Bids must be received and time-stamped at the above location prior to February 13, 2014 at 2:00 PM CST. Bids not
stamped will be considered late and rejected. Receipt of a Bid by the State mail system does not constitute receipt
of a Bid by the Department of Administration Purchasing Office.
All Bids must be packaged, sealed in a box or envelope and clearly marked with the following information on the outside
of the package:
BIDDER NAME AND ADDRESS
RFB Master Control Equipment
RFB Due: February 13, 2014
Because of increased building security, access to the Wisconsin Department of Administration, Bureau of
Procurement, 6th floor is restricted and may cause delay if hand delivering your bid. Allow ample time for
security clearance to the 6th floor.
6.6 FAXED BIDS
Faxed Bids will not be accepted.
6.7 EMAILED BIDS
Emailed Bids will not be accepted.
6.8 FORMAT OF BID RESPONSE
Bidders responding to this RFB must comply with the following format requirements:
6.8.1 Signed Request for Bid Sheet
6.8.1.1 Include the signed Request for Bid Sheet (DOA-3070, front page of this document) with the bid and those
certifications required for submittal of a bid. Bids submitted in response to this RFB shall be signed by the
person in the vendor’s organization who is responsible for the decisions as to the process being offered in
the bid or by a person who has been authorized in writing to act as the agent for the person responsible for
the decision on prices. DO NOT COPY AND RETURN THE ENTIRE BID DOCUMENT.
6.8.1.2 By submitting a signed bid, the vendor’s signatories certify that in connection with this procurement:
6.8.1.2.1 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.
6.8.1.2.2 The prices quoted in the bid have not been knowingly disclosed by the vendor’s organization and shall not
be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor.
6.8.1.2.3 No attempt has been made or shall 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.
6.8.2 Vendor Information
6.8.2.1 Include the completed and signed Bidder Information Sheet (DOA-3477) attached to this document.
6.8.3 Designation of Confidential and Proprietary Information
6.8.3.1 Include the completed and signed Designation of Confidential and Proprietary Information Sheet (DOA3027) attached to this document.
6.8.4 Vendor Agreement
6.8.4.1 Include the completed and signed Vendor Agreement – Wisconsin’s Cooperative Purchasing Service
(DOA-3333) attached to this document.
6.8.5 Vendor Reference
6.8.5.1 Include the completed Vendor Reference Sheet (DOA-3478) attached to this document.
6.8.6 Response to Bid Requirements
6.8.6.1 Include the completed and signed Response to Bid Requirements (Appendix A).
6.8.7 Bid Cost Sheet
6.8.7.1 Include the completed and signed Bid Cost Sheet (Appendix B).
Any alteration of the Bid forms or Appendices is prohibited and will result in rejection of the Bid.
6.9 MULTIPLE BIDS
Multiple bids from a bidder 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.
6.10 INCURRING COSTS
The State of Wisconsin is not liable for any cost incurred by a bidder in the process of responding to this RFB.
6.11 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.
7.0
BID ACCEPTANCE AND AWARD
7.1 BID OPENING
A public Bid opening will be held on February 13, 2014, 2:00 PM CST at 101 East Wilson St, 6th Floor, Madison, WI. The
names of the bidders may be read aloud at that time.
7.2 BID REVIEW
All Bids will be reviewed by the Department of Administration’s Procurement Manager to ensure compliance with
submittal requirements. Department of Administration shall be the sole judge as to Bidders’ compliance with the Bid
instructions.
7.3 BID ACCEPTANCE
Bids that do not comply with the Specifications set forth in Section 3.0 will be rejected. Bids that do not comply with the
Special Terms and Conditions of Bid in Section 4.0 may be rejected. Department of Administration, in its sole discretion,
retains the right to accept or reject any or all Bids, or accept or reject any part of a Bid, if deemed to be in the best interest
of the State.
7.4 METHOD OF AWARD
The Bid Award will be made on the basis of the lowest responsive, responsible Bidder. Prices Bid must be in US dollars.
Bids that require a specific quantity or dollar amount will be disqualified. In the event of Bidder error in calculation, unit
price shall prevail in award.
The award will be based on the lowest Total Cost of the Bid Cost Sheet. The lowest Total Cost is derived from the unit cost
(column B of Bid Cost Sheet) multiplied against quantity (column A of Bid Cost Sheet) and totaled in Extended Cost
(column C of Bid Cost Sheet). Rows 1-5 of column C on Bid Cost Sheet will be summed to reflect Total Cost. The
Educational Communications Board may reject any Bid that does not include pricing for all items on the Bid Cost Sheet.
The Department of Administration will award to one Bidder, judged to be in the best interest of the State. The State is the
sole determinant of its best interests.
7.5 BIDDER REFERENCES/CLIENT LIST
The Bid response must include a completed Bidder Reference Form (DOA-3478) listing at least three (3) names or
companies with whom the Bidder has done business similar in size and scope as required by this RFB within the last three
years. For each organization listed, the Bidder must include the company name, address, contact person, email address and
telephone number along with a brief description of the product or service that formed the basis of the business relationship.
The Department of Administration will determine which references to contact in order to assess the quality of the product
or service.
7.6 USE OF SUBCONTRACTORS
The Contractor will be responsible for the contract performance of its subcontractors. The contract will be between the
Educational Communications Board and the awardee. The Contractor will be responsible for its subcontractors’
performance of the pertinent contract obligations including related specifications, insurance requirements and applicable
regulations. The Bidder must identify any potential subcontractor it intends to use to provide the product or service it will
provide if awarded the contract. All subcontractors must be approved in writing by the Educational Communications
Board. Any proposed substitution of an approved subcontractor must be submitted in writing to the Educational
Communications Board thirty (30) days prior to implementation of the substitution, and include the substitute’s
qualifications, the reason for the change, and the intended effective date of the substitution. Failure to notify the
Educational Communications Board may result in cancellation of the contract without notice and without penalty to the
State.
7.7 SUPPLIER DIVERSITY
7.7.1 Minority-Owned Business Enterprise
Minority-owned business enterprises (MBEs) are certified by the Wisconsin Supplier Diversity Program. This
program can be found at: http://www.doa.state.wi.us/section.asp?linkid=232&locid=0 The State of Wisconsin
is committed to the promotion of MBEs in the State's purchasing program. Wisconsin statutes provide for a
permissive 5% price preference for certified MBEs that compete for State contracts. This means that State
agencies may make an award to the MBE submitting the lowest qualified bid when that qualified bid is not
more than 5% higher than the apparent low bid. (A MBE Bidder preference will not be considered on a
printing or stationery procurement.) Policy provides that MBEs 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 MBEs or by using such enterprises to provide commodities and
services incidental to this agreement.
The Contractor shall furnish appropriate quarterly information about its efforts, including the identities of such
businesses certified by the Wisconsin Supplier Diversity Program, their contract amount, and spend for each
period to the Procuring Agency.
A listing of certified MBEs, as well as the services and commodities they provide, is available at:
http://www.doa.state.wi.us/section.asp?linkid=226&locid=171
7.7.2 Veteran-Owned Businesses
The State Bureau of Procurement encourages the participation of veteran-owned businesses (VBs) in the
statewide purchasing program by inviting VBs to actively solicit public purchasing business and by reducing
undue impediments to such participation. VBs are certified by the Department of Veterans Affairs (DVA).
Applicants must complete a Veteran-owned Business Request for Certification form (WDVA 1037). Contact
the DVA at: http://dva.state.wi.us/ There is no price preference for certified VBs that compete for State
contracts.
7.7.3 Disabled Veteran-Owned Businesses
Disabled veteran-owned businesses (DVBs) are certified by the Wisconsin Supplier Diversity Program. This
program can be found at: http://www.doa.state.wi.us/section.asp?linkid=232&locid=0 The State of Wisconsin
is committed to the promotion of DVBs in the State's purchasing program. Wisconsin statutes provide for a
permissive 5% price preference for certified DVBs that compete for State contracts. This means that State
agencies may make an award to the DVB submitting the lowest qualified bid when that qualified bid is not
more than 5% higher than the apparent low bid. (A bidder preference will not be considered on a printing or
stationery procurement.) Policy provides that DVBs 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 DVBs or by using such enterprises to provide commodities and services
incidental to this agreement.
The supplier/contractor shall furnish appropriate quarterly information about its efforts, including the identities
of such businesses certified by the Supplier Diversity Program and their contract amount.
A listing of certified DVBs, as well as the services and commodities they provide, is available at:
http://www.doa.state.wi.us/section.asp?linkid=226&locid=171
7.7.4 Woman-Owned Business Enterprise
Woman-owned business enterprises (WBEs) are certified by the Woman's Business Ombudsman. This
program can be found at: http://doa.wi.gov/category.asp?linkcatid=1104&linkid=217&locid=172
State certified WBEs are able to provide both governmental entities and private companies with a credible
recognition of the business’ ownership. The WBE certification may serve as an additional marketing tool when
seeking contract opportunities with entities that place a value on having a diverse supplier base. There is no
price preference for certified WBEs that compete for State contracts.
A listing of certified WBEs, as well as the services and commodities they provide, is available at:
http://doa.wi.gov/category.asp?linkcatid=1104&linkid=217&locid=172
7.8 AWARD NOTIFICATION
All Bidders who respond to this RFB with a Bid shall be notified in writing of the Agency’s intent to contract.
8.0
REQUIRED FORMS
The following is a list of forms pertaining to this RFB. An “X” preceding the form indicates that it must be completed and
returned with the Bid response.
X
X
X
X
X
X
X
Request For Bid
Vendor Information
Designation of Confidential and Proprietary Information
Vendor Agreement-Wisconsin’s Cooperative Purchasing Service
Vendor Reference
Response to Bid Requirements
Bid Cost Sheet
DOA-3070
DOA-3477
DOA-3027
DOA-3333
DOA-3478
Appendix A
Appendix B
Wisconsin Department of Administration
DOA-3054 (R10/2005)
Ch. 16, 19, 51, Wis. Stats.
Page 1 of 3
Standard Terms And Conditions
(Request For Bids / Proposals)
1.0
2.0
3.0
SPECIFICATIONS: The specifications in this request are
the minimum acceptable. When specific manufacturer and
model numbers are used, they are to establish a design,
type of construction, quality, functional capability and/or
performance level desired.
When alternates are
bid/proposed, they must be identified by manufacturer, stock
number, and such other information necessary to establish
equivalency. The State of Wisconsin shall be the sole judge
of equivalency. Bidders/proposers are cautioned to avoid
bidding alternates to the specifications which may result in
rejection of their bid/proposal.
DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications
shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence
of such statement, the bid/proposal shall be accepted as in
strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable.
QUALITY: Unless otherwise indicated in the request, all
material shall be first quality. Items which are used,
demonstrators, obsolete, seconds, or which have been
discontinued are unacceptable without prior written approval
by the State of Wisconsin.
4.0
QUANTITIES: The quantities shown on this request are
based on estimated needs. The state reserves the right to
increase or decrease quantities to meet actual needs.
5.0
DELIVERY: Deliveries shall be F.O.B. destination freight
prepaid and included unless otherwise specified.
6.0
PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall
reflect these discounts.
6.1
6.2
6.3
Unit prices shown on the bid/proposal or contract
shall be the price per unit of sale (e.g., gal., cs., doz.,
ea.) as stated on the request or contract. For any
given item, the quantity multiplied by the unit price
shall establish the extended price; the unit price shall
govern in the bid/proposal evaluation and contract
administration.
Prices established in continuing agreements and
term contracts may be lowered due to general market
conditions, but prices shall not be subject to increase
for ninety (90) calendar days from the date of award.
Any increase proposed shall be submitted to the
contracting agency thirty (30) calendar days before
the proposed effective date of the price increase, and
shall be limited to fully documented cost increases to
the contractor which are demonstrated to be industrywide. The conditions under which price increases
may be granted shall be expressed in bid/proposal
documents and contracts or agreements.
In determination of award, discounts for early
payment will only be considered when all other conditions are equal and when payment terms allow at
least fifteen (15) days, providing the discount terms
are deemed favorable. All payment terms must allow
the option of net thirty (30).
7.0
UNFAIR SALES ACT: Prices quoted to the State of
Wisconsin are not governed by the Unfair Sales Act.
8.0
ACCEPTANCE-REJECTION: The State of Wisconsin
reserves the right to accept or reject any or all
bids/proposals, to waive any technicality in any bid/proposal
submitted, and to accept any part of a bid/proposal as
deemed to be in the best interests of the State of
Wisconsin.
Bids/proposals MUST be date and time stamped by the
soliciting purchasing office on or before the date and time
that the bid/proposal is due. Bids/proposals date and time
stamped in another office will be rejected. Receipt of a
bid/proposal by the mail system does not constitute receipt
of a bid/proposal by the purchasing office.
9.0
METHOD OF AWARD: Award shall be made to the lowest
responsible, responsive bidder unless otherwise specified.
10.0
ORDERING: Purchase orders or releases via purchasing
cards shall be placed directly to the contractor by an
authorized agency.
No other purchase orders are
authorized.
11.0
PAYMENT TERMS AND INVOICING:
The State of
Wisconsin normally will pay properly submitted vendor
invoices within thirty (30) days of receipt providing goods
and/or services have been delivered, installed (if required),
and accepted as specified.
Invoices presented for payment must be submitted in
accordance with instructions contained on the purchase
order including reference to purchase order number and
submittal to the correct address for processing.
A good faith dispute creates an exception to prompt
payment.
12.0
TAXES: The State of Wisconsin and its agencies are
exempt from payment of all federal tax and Wisconsin state
and local taxes on its purchases except Wisconsin excise
taxes as described below.
The State of Wisconsin, including all its agencies, is
required to pay the Wisconsin excise or occupation tax on
its purchase of beer, liquor, wine, cigarettes, tobacco
products, motor vehicle fuel and general aviation fuel.
However, it is exempt from payment of Wisconsin sales or
use tax on its purchases. The State of Wisconsin may be
subject to other states' taxes on its purchases in that state
depending on the laws of that state. Contractors performing construction activities are required to pay state use tax
on the cost of materials.
13.0
GUARANTEED DELIVERY: Failure of the contractor to
adhere to delivery schedules as specified or to promptly
replace rejected materials shall render the contractor liable
for all costs in excess of the contract price when alternate
procurement is necessary. Excess costs shall include the
administrative costs.
DOA-3054
Page 2 of 3
14.0
15.0
16.0
17.0
18.0
19.0
ENTIRE AGREEMENT:
These Standard Terms and
Conditions shall apply to any contract or order awarded as
a result of this request except where special requirements
are stated elsewhere in the request; in such cases, the
special requirements shall apply. Further, the written
contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other
terms and conditions in any document, acceptance, or
acknowledgment shall be effective or binding unless
expressly agreed to in writing by the contracting authority.
APPLICABLE LAW: This contract shall be governed under
the laws of the State of Wisconsin. The contractor shall at
all times comply with and observe all federal and state
laws, local laws, ordinances, and regulations which are in
effect during the period of this contract and which in any
manner affect the work or its conduct. The State of
Wisconsin reserves the right to cancel this contract if the
contractor fails to follow the requirements of s. 77.66, Wis.
Stats., and related statutes regarding certification for
collection of sales and use tax. The State of Wisconsin
also reserves the right to cancel this contract with any
federally debarred contractor or a contractor that is
presently identified on the list of parties excluded from
federal procurement and non-procurement contracts.
ANTITRUST ASSIGNMENT: The contractor and the State
of Wisconsin recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact
usually borne by the State of Wisconsin (purchaser).
Therefore, the contractor hereby assigns to the State of
Wisconsin any and all claims for such overcharges as to
goods, materials or services purchased in connection with
this contract.
ASSIGNMENT: No right or duty in whole or in part of the
contractor under this contract may be assigned or delegated without the prior written consent of the State of
Wisconsin.
WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that
when engaged in the production of materials, supplies or
equipment or the performance of contractual services, not
less than seventy-five percent (75%) of the total hours of
direct labor are performed by severely handicapped
individuals.
NONDISCRIMINATION / AFFIRMATIVE ACTION: In
connection with the performance of work under this
contract, the contractor agrees not to discriminate against
any employee or applicant for employment because of age,
race, religion, color, handicap, sex, physical condition,
developmental disability as defined in s. 51.01(5), Wis.
Stats., sexual orientation as defined in s. 111.32(13m), Wis.
Stats., or national origin. This provision shall include, but
not be limited to, the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the
contractor further agrees to take affirmative action to
ensure equal employment opportunities.
19.1
Contracts estimated to be over twenty-five thousand
dollars ($25,000) require the submission of a written
affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor has
a workforce of less than twenty-five (25) employees.
Within fifteen (15) working days after the contract is
awarded, the contractor must submit the plan to the
contracting state agency for approval. Instructions
on preparing the plan and technical assistance
regarding this clause are available from the
contracting state agency.
19.2
The contractor agrees to post in conspicuous places,
available for employees and applicants for employment, a notice to be provided by the contracting state
agency that sets forth the provisions of the State of
Wisconsin's nondiscrimination law.
19.3
Failure to comply with the conditions of this clause
may result in the contractor's becoming declared an
"ineligible" contractor, termination of the contract, or
withholding of payment.
20.0
PATENT INFRINGEMENT: The contractor selling to the
State of Wisconsin the articles described herein guarantees
the articles were manufactured or produced in accordance
with applicable federal labor laws. Further, that the sale or
use of the articles described herein will not infringe any
United States patent. The contractor covenants that it will
at its own expense defend every suit which shall be brought
against the State of Wisconsin (provided that such
contractor is promptly notified of such suit, and all papers
therein are delivered to it) for any alleged infringement of
any patent by reason of the sale or use of such articles, and
agrees that it will pay all costs, damages, and profits recoverable in any such suit.
21.0
SAFETY REQUIREMENTS: All materials, equipment, and
supplies provided to the State of Wisconsin must comply
fully with all safety requirements as set forth by the
Wisconsin Administrative Code and all applicable OSHA
Standards.
22.0
WARRANTY: Unless otherwise specifically stated by the
bidder/proposer, equipment purchased as a result of this
request shall be warranted against defects by the
bidder/proposer for one (1) year from date of receipt. The
equipment manufacturer's standard warranty shall apply as
a minimum and must be honored by the contractor.
23.0
INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall:
23.1
Maintain worker's compensation insurance as
required by Wisconsin Statutes, for all employees
engaged in the work.
23.2
Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which
might occur in carrying out this agreement/contract.
Minimum coverage shall be one million dollars
($1,000,000) liability for bodily injury and property
damage including products liability and completed
operations. Provide motor vehicle insurance for all
owned, non-owned and hired vehicles that are used
in carrying out this contract. Minimum coverage shall
be one million dollars ($1,000,000) per occurrence
combined single limit for automobile liability and
property damage.
23.3
The state reserves the right to require higher or lower
limits where warranted.
DOA-3054
Page 3 of 3
24.0
25.0
26.0
CANCELLATION: The State of Wisconsin reserves the
right to cancel any contract in whole or in part without
penalty due to nonappropriation of funds or for failure of the
contractor to comply with terms, conditions, and specifications of this contract.
VENDOR TAX DELINQUENCY: Vendors who have a
delinquent Wisconsin tax liability may have their payments
offset by the State of Wisconsin.
PUBLIC RECORDS ACCESS: It is the intention of the
state to maintain an open and public process in the solicitation, submission, review, and approval of procurement
activities.
Bidders are encouraged to bid products with recycled
content which meet specifications.
30.0
MATERIAL SAFETY DATA SHEET: If any item(s) on an
order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1)
copy of a Material Safety Data Sheet for each item with the
shipped container(s) and one (1) copy with the invoice(s).
31.0
PROMOTIONAL ADVERTISING / NEWS RELEASES:
Reference to or use of the State of Wisconsin, any of its
departments, agencies or other sub-units, or any state official or employee for commercial promotion is prohibited.
News releases pertaining to this procurement shall not be
made without prior approval of the State of Wisconsin.
Release of broadcast e-mails pertaining to this procurement
shall not be made without prior written authorization of the
contracting agency.
32.0
HOLD HARMLESS: The contractor will indemnify and
save harmless the State of Wisconsin and all of its officers,
agents and employees from all suits, actions, or claims of
any character brought for or on account of any injuries or
damages received by any persons or property resulting
from the operations of the contractor, or of any of its
contractors, in prosecuting work under this agreement.
33.0
FOREIGN CORPORATION: A foreign corporation (any
corporation other than a Wisconsin corporation) which
becomes a party to this Agreement is required to conform
to all the requirements of Chapter 180, Wis. Stats., relating
to a foreign corporation and must possess a certificate of
authority from the Wisconsin Department of Financial
Institutions, unless the corporation is transacting business
in interstate commerce or is otherwise exempt from the
requirement of obtaining a certificate of authority. Any
foreign corporation which desires to apply for a certificate of
authority should contact the Department of Financial
Institutions, Division of Corporation, P. O. Box 7846,
Madison, WI 53707-7846; telephone (608) 267-7577.
34.0
WORK CENTER PROGRAM:
The successful
bidder/proposer shall agree to implement processes that
allow the State agencies, including the State 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.
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
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
28.0
PROPRIETARY INFORMATION: Any restrictions on the
use of data contained within a request, must be clearly
stated in the bid/proposal itself. Proprietary information
submitted in response to a request will be handled in
accordance with applicable State of Wisconsin procurement
regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted. However, when
accepted, it is the vendor's responsibility to defend the
determination in the event of an appeal or litigation.
27.1
Data contained in a bid/proposal, all documentation
provided therein, and innovations developed as a
result of the contracted commodities or services
cannot be copyrighted or patented. All data, documentation, and innovations become the property of
the State of Wisconsin.
27.2
Any material submitted by the vendor in response to
this request that the vendor considers confidential
and proprietary information and which qualifies as a
trade secret, as provided in s. 19.36(5), Wis. Stats.,
or material which can be kept confidential under the
Wisconsin public records law, must be identified on a
Designation of Confidential and Proprietary Information form (DOA-3027).
Bidders/proposers may
request the form if it is not part of the Request for
Bid/Request for Proposal package. Bid/proposal
prices cannot be held confidential.
DISCLOSURE: If a state public official (s. 19.42, Wis.
Stats.), a member of a state public official's immediate
family, or any organization in which a state public official or
a member of the official's immediate family owns or controls
a ten percent (10%) interest, is a party to this agreement,
and if this agreement involves payment of more than three
thousand dollars ($3,000) within a twelve (12) month
period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis.
Stats., before signing the contract. Disclosure must be
made to the State of Wisconsin Ethics Board, 44 East
Mifflin Street, Suite 601, Madison, Wisconsin 53703
(Telephone 608-266-8123).
State classified and former employees and certain State of
Wisconsin faculty/staff are subject to separate disclosure
requirements, s. 16.417, Wis. Stats.
29.0
RECYCLED MATERIALS: The State of Wisconsin is
required to purchase products incorporating recycled materials whenever technically and economically feasible.
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