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)
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
#LG-15-SUP02. 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
Bids MUST be in this office no later than
BIDDER (Name and Address)
AUGUST 18, 2014, 2:00 PM CDT
Name (Contact for further information)
LAURA GREGORY, Email: [email protected]
Quote Price and Delivery FOB
Fax bids are accepted
and Unit
X Fax bids are not accepted
Per Unit
Furnish coach bus service to the University of WisconsinSuperior per attached Specifications, Standard Terms &
Conditions, & Supplemental Standard Terms & Conditions for
Procurement for Services.
Complete & return:
1. One copy of this form, DOA-3070 (signed)
2. Attachment A – Bidder Response Sheet (signed)
3. Attachment C – Cost Sheet
4. Attachment D – Client Reference List
5. Attachment E – Bidder Information Sheet
6. Attachment F – Supplier Diversity, Minority Business
Program Commitment (signed)
7. Attachment G – Designation of Confidential and Proprietary
Information, DOA-3027 (signed)
Note: Award may be made to more than one bidder
(ex. Intra-state vs. inter-state travel)
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.
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
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.
2.1 Purpose
2.2 Definitions
2.3 Eligible Purchasers
2.4 Affirmative Action
2.5 Wisconsin Sales and Use Tax Registration
2.6 VendorNet
2.7 Orders
2.8 Smoke-Free Environment
2.9 Promotional Materials
2.10 Energy Star
2.11 Scheule of Events
3.1 Clarifications and/or Revisions through Designated Contact
3.2 Contract Term
3.3 Conflict of Interest
3.4 Protests
3.5 Method of Bid
3.6 Method of Award
3.7 Performance Bond or Irrevocable Letter of Credit
3.8 Minority Business Enterprise (MBE) Preference
4.1 Bidder Contact Information
4.2 Bidder Experience
4.3 Client List/References
4.4 Preventive Maintenance
4.5 Minimum Order
4.6 Licensing Requirements
5.1 Firm Prices
5.2 On Site Service
5.3 Additional Items/Services
5.4 Invoicing Requirements
5.5 Audit
5.6 Contract Termination
5.7 Executed Contract to Constitute Entire Contract
5.8 Excused Performance
5.9 Master Agreement
6.1 Charter Coach Specifications
6.2 Subcontracting
6.3 Employee Identification
A completed and signed bid response must be received and time-stamped in by UW-Superior Purchasing prior to the
stated date and time. Bids not so stamped shall be considered late. Late bids shall be rejected. You may submit
your bid using one of the following options:
Mailed bids must be received by the UW-Superior Purchasing Office, Old Main 206, Belknap &
Catlin, PO Box 2000, Superior, WI 54880. (Please note that some carriers will only deliver to the campus Mailroom;
receipt of a bid by the Mailroom does not constitute receipt by the Purchasing Office and therefore, your bid could be
rejected due to it being received late.)
HAND DELIVERY: Hand-delivered bids may be done by vendor. Bids must be received by the
UW-Superior Purchasing Office, Old Main 206, 1710 Weeks Ave, WI 54880.
E-MAIL: E-mailed bids must may be electronically sent by the vendor to: UW-Superior Purchasing Office, Attn:
Laura Gregory, Old Main 206, Belknap and Catlin, PO Box 2000, Superior, WI 54880.
E-mail Address: [email protected] Phone: 715-394-8383.
It is the bidder’s responsibility to confirm their bid response has been received by the Purchasing Office.
In order for your bid to be considered, the forms indicated on the Request for Bid Form (DOA-3070) must
be completed and submitted as part of your bid response. Failure to provide these forms/information with
your bid submittal may disqualify your bid.
The University of Wisconsin-Superior, hereinafter referred to as the “University” through its Purchasing
Office, hereinafter referred to as “Purchasing” requests bids for the purchase of Coach Bus Services. These
services will include inter-state as well as intra-state travel. University departments that will utilize this
service include athletics teams, classes, and special activities, many with extended stays or layovers.
UW-Superior requires motor coaches that are safe and modern, with effective climate control, comfort, media
entertainment and internet connections. Punctuality and motor coach availability are vitally important, as
athletic teams must not be late or absent from scheduled events.
Conditions of bid which include the word “must” or “shall,” describe a mandatory requirement. All
specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to
comply with a given specification, condition of bid or provide a specific price on the Cost Sheet, Purchasing
reserves the right to delete that specification, condition of bid or item without having to complete the bid
process again. See the Cost Sheet for the minimum acceptable specifications for services desired. Failure to
meet a mandatory requirement will disqualify your bid.
Retain a copy of your bid response for your files. Should you receive an award, the bid document and the
awarded bidder’s (Contractor’s) response information shall become the contract.
Revisions to this bid may be made only by an official written amendment issued by Purchasing.
The following definitions are used throughout the various bid documents:
Agent means UW-Superior Purchasing Agent responsible for this Request for Bid. Full contact
information can be found in Section 3.
Bidder means a firm submitting a bid in response to this Request For Bid
Contractor means successful bidder(s) awarded the bid
Customer means individuals of UW-Superior departments and groups
Department means any UW-Superior department using this contract.
MBE means Minority Business Enterprise
Purchasing Card means State credit card.
RFB means Request For Bid
State means State of Wisconsin
University means University of Wisconsin-Superior
Eligible Purchasers:
All University of Wisconsin-Superior departments must be eligible to purchase from this contract.
In addition, other UW-System campuses, State of Wisconsin agencies, Wisconsin municipalities and NonProfit Organizations specifically linked by their mission to the University of Wisconsin-Superior, may desire
to purchase from this contract. Bidders should state on the Bidder Response Sheet whether they agree to
provide contract items/services to these other locations.
A Wisconsin municipality is defined by Wisconsin Statute 16.70(8) to include counties, cities, villages, towns,
school boards, sewage, drainage, vocational, technical and adult education districts, and other bodies with the
power to award public contracts.
This contract must not be construed as mandatory upon any University campus, State agency or municipality.
Affirmative Action:
As a State agency, the University requires contractors issued any purchase order(s) exceeding $25,000 to
provide an Affirmative Action Plan. Failure to comply appropriately with these requirements can lead to
your company being banned from doing business with any agency of the State of Wisconsin.
Additionally, failure to comply can result in termination of this contract, or withholding of payment. On the
Bidder Response Sheet, please provide the requested information. For additional information, see Section
19.0 of the Standard Terms & Conditions. Some exceptions may apply, and instructions for completing a plan
are available upon request.
Wisconsin Sales & Use Tax Registration:
No award can be made to a vendor who is not in compliance with Sec.77.66 of the Wisconsin State Statutes
( relating to sales and use tax certification. If you have
not established a certification for the Collection of Sale & Use Tax status with the Wisconsin Department of
Revenue, the University and any other state agency cannot issue any purchase orders to your firm. For
additional information, see
The State of Wisconsin has implemented a registration service on the Internet called “Vendornet” in order to
enable vendors to received notice of all official sealed bids/proposals (over $25,000) as solicited by any or all
state agencies. To obtain information on the State’s bidder registration, please visit the Vendornet website at or call (800) 482-7813 or (608) 264-7898.
Under this contract, specific order(s), contract blanket order(s) or Purchasing Card orders (defined below) may
be issued to the contractor(s). Bidder should identify method by which you will accept orders against this
contract (ex. e-mail, fax, internet, mail, phone, etc.)
Specific order(s): issued as one-time orders
Contract blanket order(s): issued for a specific period of time to allow departmental personnel to issue
releases against the contract blanket order(s) as needed.
Purchasing Card orders: issued as one-time orders.
Smoke-Free Environment:
All University buildings are smoke-free; no smoking shall be permitted on or in University buildings or in
vehicles used for this contract while customers are in the vehicle. Smoking shall not be permitted within 25
feet of the motor coach entrance.
Promotional Materials:
Contractor agrees to not use promotional or marketing material which states expressly or by fair implication,
that the University endorses either the Contractor or any sponsor of such material.
Energy Star:
The State encourages the use of equipment which meets the Environmental Protection Agency (EPA) Energy
Star requirements. The Energy Star Program is a voluntary agreement between an OEM and the EPA. It is not
mandatory that every device offered meet Energy Star requirements, but the bulk of the product line should be
energy efficient.
Schedule of Events
July 31, 2014
August 18, 2014
August 25, 2014 (approximate)
September 1, 2014 (approximate)
Date of Issue of the RFB
Bid Submissions Due
Letter of Intent to Award issued
Contract Issued
Clarifications and/or Revisions Through Designated Contact:
All communications and/or questions in regard to this request should be in writing and bidders are encouraged
to e-mail written questions to Laura Gregory (see below).
If the bidder discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in
this RFB, they have five (5) business days before the bid due date and time to notify, in writing, to the
Purchasing Office to the person and address shown below of such error and request modification or
clarification of the RFB document. All written questions regarding significant clarifications and/or revisions
will be responded to in writing and provided to all bidders.
UW-Superior Purchasing Office, Old Main 206
Attn: Laura Gregory
Belknap & Catlin, PO Box 2000
Superior, WI 54880
Email: [email protected]
PHONE: 715-394-8383
FAX: 715-394-8017
If the bidder fails to notify the Purchasing Office of an error in the RFB document which is known to the
Bidder, or which must have reasonably been known to the Bidder, then the Bidder shall submit a bid response
at the Bidder’s risk and if awarded a contract, shall not be entitled to additional compensation or delivery or
installation time by reason of the error or its later correction. In the event that it becomes necessary to provide
additional clarifying data or information, or to revise any part of this RFB, amendments or revisions will be
provided to all recipients of this initial RFB.
Contract Term:
The initial term of this contract shall begin on or about September 1, 2014 through August 31, 2017, with an
option, by mutual agreement of the University and the contractor, to renew for two (2) additional one-year
periods, subject to the State Legislature’s appropriation of funds. This contract shall automatically be
extended into its fourth (4th) and fifth (5th) year unless the University is notified to the contrary in writing by
the contractor, ninety (90) days prior to expiration of the initial and/or succeeding contract period. The
University may discontinue this contract at any time subject to the University’s availability of funds.
Conflict of Interest:
By submitting a bid, the bidder certifies that no relationship exists between the bidder and the University that
interferes with fair competition or is a Conflict of Interest, and no relationship exists between such bidder and
another person or firm that constitutes a Conflict of Interest.
The protest procedure applies only to those requests for bids for services that are over $25,000. Notices of
intent to protest and protests must be made in writing. Protesters should make their protests as specific as
possible and should identify statutes and Wisconsin Administrative Code provisions that are alleged to have
been violated.
No later than five (5) working days after the date of solicitation or the notice of intent to award is issued by the
University, wrriten notice of intent to protest must be received by:
Robert Waksdahl
Controller/Director, Business Services
Old Main 202, Belknap and Catlin, PO Box 2000
Superior, WI 54880
The complete protest must be received by the Controller/Director, Business Services no later than 10 working
days after the date of solicitation or the intent to award is issued. The protest must be in writing. Protesters
must make their protests as specific as possible and must specifically identify the Wisconsin State Statute
and/or State of Wisconsin Administrative Code provision(s) allegedly violated. The decision of the University
may be appealed to the Secretary of the Department of Administration within five (5) working days after
denial by UW, with a copy of such appeal filed with the University.
Method of Bid:
Bidder must submit a net unit price for various sizes of coach buses available for inter-state and intra-state
travel along with any additional charges that may be incurred such as deadhead miles, overnight layover
charge, etc. (Reference Attachment C: Cost Sheet)
The University shall have the right to inspect (prior to award of this bid) the operation of the Contractor for the
quality and quantity of coach buses owned and with general respect to use, safety, sanitation and the
maintenance of said premises and vehicles, all of which shall be maintained at a level satisfactory to the
The University reserves the right to accept or reject any and all bids; to waive any technicality in any submitted
bids and to accept any part of a bid deemed to be in the best interest of the University.
Method of Award:
The award shall be made to the lowest qualified bidder which is judged to be in the best interest of the
University. Determination shall be made on the bidder’s qualifications to serve the University from the total
information provided. Only bids received from qualified, responsible organizations or individuals as
determined by the University, which are presently engaged in providing coach bus service and are able to
provide excellent service with acceptable sanitary conditions will be considered. Bid responses that state the
University shall guarantee a specific quantity or dollar amount will be disqualified.
Award (s) will be made to the qualified bidder that offers the lowest total cost of the aggregate price, based on
the trip scenarios (Lot 1, Lot 2 and Lot 3), including other charges, judged to be in the best interest of the
University of Wisconsin-Superior. (Reference Attachment C: Cost Sheet).
The University reserves the right to make an interim award and to require proof of performance
through a “trial” period of up to six months before awarding a final Contract. During this “trial”
period, the University shall review the Contractor’s performance, including invoicing requirements, to
ensure complete compliance with the Contract.
If deficiencies are not remedied to the complete satisfaction of the University, the “trial” period shall be
canceled and award shall be made to the next lowest responsible bidder. The final interim award
decision rests with the University based upon the data it collects.
If the Contractor’s performance demonostrates that the Contractor is capable of complete compliance
with the contract on a continuous basis for the six-month “trial” period, the University shall make a
final award for the contract.
Performance Bond or Irrevocable Letter of Credit
3.7.1 The successful contractor may be required to furnish a performance bond in the amount of $5000.00.
Such bond must be furnished upon notification by the University of Wisconsin-Superior and prior to
contract award.
In lieu of the performance bond, the contractor may provide an irrevocable letter of credit naming the
University as beneficiary. The irrevocable letter of credit shall be in the amount specified for the
performance bond and the format content required by the University. The performance bond or
irrevocable letter of credit shall be furnished by a company licensed to do business in the State of
The performance bond or irrevocable letter of credit shall be for the entire contract period. The
performance bond or letter of credit shall provide that in the event of non-renewal the University and
the contractor be notified in writing by the issuer a minimum of sixty (60) days prior to the anniversary
of the effective date of the contract.
In the event of non-renewal, the Contractor shall provide the University evidence of the new source of
surety within twenty-one (21) calendar days after the University’s receipt of the non-renewal notice.
Failure to maintain the required surety in force may be cause for contract termination.
Failure to provide the bond or irrevocable letter of credit within twenty-one (21) days of notification of
award may result in cancellation of contract award.
Minority Business Participation:
The University of Wisconsin-Superior is committed to the promotion of minority business in the States
purchasing program and a goal of placing five (5) percent of its total purchasing dollars with certified minority
businesses. Authority for this program is found in Wisconsin Statutes 15.107(2), 16.75(4), and 16.755 and
The State of Wisconsin policy provides that minority owned business enterprise certified by the Wisconsin
Department of Commerce; Bureau of Minority Development should have the maximum opportunity to
participate in the performance of its contracts. Supplier 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 serviced incidental to this agreement, with a goal of awarding at least 5% of the contract price to
such enterprises.
To be eligible for a Contract award, you must be qualified and able to provide the following as required or your bid
will be disqualified (respond on “Bidder Response Sheet”).
Bidder Contact Information:
Bidder must designate a person(s) to provide information on: Contract Problems, Contract
Renewal/Cancellation, Invoice Information, Ordering/Expediting, Credits, Minority Business, Affirmative
Action & Sales Representative (See Attachment A – Bidder Response Sheet).
Bidder Experience:
Bidder’s company or its princiles must be in the business of providing Coach Bus Services and must have
done so for the past three (3) years and must have experience transporting Athletic Teams.
Client List/References:
Bidder must supply with their bid a client list of three (3) firms to which similar items/services have been
provided during the past three (3) years to a comparable sized institution or company (see Attachment D). If
contacted, information received from those clients will be used to determine whether bidder can reasonably
meet contract requirements and specifications. Client references may be used in the award consideration.
Preventive Maintenance:
Bidder must supply a description of the company’s programs for preventive maintenance and regular
replacement of worn and/or malfunctioning equipment.
Minimum Order:
Bids that require any minimum order quantity or dollar amount shall be disqualified.
Licensing Requirements:
All state & local government licensing requirements shall be met & maintained. If insurance requirements are
greater for Federal, State or local units of government the greater requirements shall apply.
Firm Prices:
5.1.1 Bid prices must remain firm for a minimum of three (3) years from the start of the contract term ending
August 31, 2017. Prices established may be lowered due to changes in general market conditions or
negotiations between the Contractor and the University.
Price increase requests proposed after the initial Contract term must be received by Purchasing 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 Purchasing deems cost increases are not acceptable, it reserves the right to rebid the contract
in whole or part or to negotiate price increase requests with the Contractor.
In the event there is a substantial increase in the cost of fuel, the University will accept an increase in
the Contract pricing based on documented price increases and its effect on the cost of the service. A
substantial increase is defined as a 25% or more increase in fuel costs over a two-month period.
However, if there is a substantial decline in the cost of fuel, the Contract pricing must be decreased
accordingly. The bench mark will be the cost of fuel on August 1, 2014. Enter your cost on this date
on the Bidder Response Sheet. The intent of this paragraph is to provide a fuel pricing mechanism
between the awarded vendor and UW-Superior and to avoid “floating” prices for services.
Acceptance of the price increases shall be in the form of an amendment to the contract publication.
If an increase is required due to fuel surcharges, such documentation must be provided justifying such
an increase. Any increases must be agreed upon by both parties. If Purchasing 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 the form of an amendment to the contract publication.
On Site Service:
In carrying out the scope of this Contract, the Contractor shall be required to perform services on University
property. Bidders cost must include all transportation and insurance charges.
The Contractor is required to maintain insurance in compliance with “Standard Terms & Conditions 22.0
Insurance” and Section below.
All state and local government licensing requirements shall be met and maintained. Successful
vendor(s) will also hold applicable licenses as required. If insurance requirements are greater for
Federal, State or local units of government; the greater requirements shall apply.
The Contractor shall maintain insurance levels as required in Standard Terms & Conditions, Section
22.0. A certificate of insurance must be provided upon contract award and provided on an annual
The Contractor shall add the “Board of Regents of the University of Wisconsin-System, its officers,
employees and agents” as an additional insured under the commercial general and Contractor’s liability
These policies shall contain a covenant requiring sixty (60) days written notice by the insurer to the
University of Wisconsin-Superior Purchasing Office, Superior, WI 54880 before cancellation or
modifications of coverage. The insurance certificate shall be for the initial contract period of one (1)
year and shall be extended by the contractor for each subsequent year of the contract.
Additional insurance requirements for this bid are as follows:
Successful vendor shall maintain insurance per the requirements as a minimum. The contractor
will furnish the University with a certificate of insurance upon award of contract. The contractor
shall maintain during the life of this contract, worker’s compensation, commercial general liability
insurance, and automobile liability combined single limit.
Required for all Contracts
Minimum Limits
Worker’s Compensation
Commerical General Liability (CGL)
General Aggregate including
Products & Completed Operations
Each Occurance
Automobile Liability Combined Single Limit
Wisconisin Combined ined Single Limit
Interstate Combined Single Limit
Hold Harmless: The Contractor shall save, keep harmless and defend the Board of Regents,
University of Wisconsin-System against any and all liability claims, costs whatsoever kind and nature
for injury to or death of any person or persons and for loss or damage to any property (University of
otherwise) occurring in connection with or in any way incident to or arising out of the occupancy, use,
service, operations, or performance of work in connection with this contract, resulting in whole or part
from negligent acts or omissions of Contractor, employee, agent or representative of Contractor.
Additional Services:
Similar items/services may be added to this Contract provided it was mutually agreeable to both Purchasing
and the Contractor. Scope of work and pricing (including discounts) must be consistent with the current
contracts services. It is the intent of the University to acquire coach bus services specificed in this bid
exclusively from the Contractor with the exception of charters that originate in another location of the State
that would result in excessive costs due to the dead-head miles. The awarded Contractor will be asked to offer
contract pricing to other UW campuses for charters that originate in locations other than the city their campus
is located in.
Invoicing Requirements:
Invoices for Purchase Orders:
5.4.1 Contractor must agree that all invoices and Purchasing Card charges shall reflect the discounts and net
prices established for the items/services on this contract for all orders placed even though the contract
number and/or correct prices may not be referenced on each order or at time of Purchasing Card order.
The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt of
properly submitted invoices to University Accounts Payable. Before payment is made, Accounts
Payable must verify that all invoiced charge are correct per this Contract. Only property submitted
invoices will be officially processed for payment. The Prompt Payment Policy requires that your
invoices be clear and complete and in conformity with the list below and must be itemized showing:
Contractor name
Remit to address
Purchase order number
Release number (if given)
Date of order/release
Complete description of charges
Pricing per the Contract
Departure & return times
Time & date of service
Number of buses
Name of ordering customer/department
The original invoice must be sent to UW-Superior, Accounts Payable, PO Box 2000, Superior, WI
When a quote is requested by any Customer, Contractor must provide an itemization of the number of
vehicles, type and estimated price including all related costs. The quote should be received by the
Customer no less than three (3) business days, and preferably within forty-eight (48) hours, of the date
of the request.
Invoices for Purchasing Card:
Invoices shall contain the same detail as listed in Section 5.4.1 and mailed to the billing address given
at the time the order is placed (normally this will be the cardholder).
In some cases and at the discretion of the University department customers, final payment may not be
made until the service meets specification and has been accepted by the University.
Contractor’s records which pertain to this Contract shall be open for inspection and/or audit by the State and/or
University upon request for a period of five (5) years after each Contract year. Records subject to audit
include job tickets, itemized material slips and the detailed time records and rate of pay for any employee
whose time is billed to the University for services.
Contract Termination:
This contract may be terminated by either party for the following conditions:
After the initial term of the Contract, the University may terminate the Contract at any time without
cause, by providing fifteen (15) days written notice to the Contractor. If the Contract is so terminated,
the University is liable only for payments for services provided or performed up to the date of the
The initial term of this Contract is three (3) years. Both parties will have the option of terminating the
agreement at any annual anniversary date provided proper justification or reasons are provided to the
other party.
Shall either party fail to perform under the terms of this Contract, the aggrieved party may notify the
other party in writing by mail of such failure and demand that the same be remedied within fifteen (15)
calendar days. Should the defaulting party fail to remedy the same within said period, the other party
shall then have the right to terminate this Contract immediately with the defaulting party. Performance
failure can be defined as, but not limited to, continued late arrivals, failure to respond to
communication requests on a timely basis, over-booking, missing charters or services requested, late
deliveries, use of inappropriate or unsafe vehicles, use of untrained drivers, failure to provide
quotations or invoices in the specified format, “bumping” of scheduled pickups, failure to resolve
service or invoices issues on a timely basis or failure to provide any of the Terms, Conditions or
Specifications of Bid.
If at any time the Contractor’s performance threatens the health and/or safety of the University, its
staff, students or others who may be on campus, the University has the right to cancel and terminate the
Contract with the individual Contractor without notice.
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 bid or under Section #24 of the attached Standard Terms & Conditions, the University has the right
to cancel and terminate the Contract without notice.
If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not
dismissed within ninety (90) calendar days, or if a receiver or trustee of the Contractor’s property is
appointed and such appointment is not vacated within ninety (90) calendar days, the University has the
right, in addition to any other rights of whatsoever nature that it may have at law or inequity, to
terminate this Contract by giving ten (10) calendar days notice in writing of such termination.
All notices of performance failure must be submitted in writing to the Purchasing Office, Old Main
206, Belknap & Catlin, PO Box 2000, Superior, WI 54880. Purchasing shall be the final authority for
all performance failure determinations not resolved through the ordering department.
Executed Contract to Constitute Entire Contract
The University’s Request for Bid, the bid responses, written communications and this Contract constitute the
entire Contract between the parties. The hierarchy of documents in descending order for resolution is as
Contract Award Letter
Original Request for Bid #LG-15-SUP02, dated 7/31/2014, including amendments, attachments
Bidder Response to RFB
Official Purchase Order (when applicable)
Excused Performance
If, because of riots, war, public emergency or calamity, fire, flood, earthquake, act of God, government
restriction, labor disturbance or strike, business operations at the University are interrupted or stopped,
performance of this contract, with the exception of monies already due and owing, shall be suspended and
excused to the extent commensurate with such interfering occurrence. The expiration date of this contract may
be extended for a period of time equal to the time that such default in performance is excused.
Contract Administrator
Laura Gregory
Purchasing, UW-Superior
Belknap and Catlin, PO Box 2000
Email: [email protected] Phone: 715-394-8383
Specifications of Items to be Provided:
See Specifications of Bid and Attachment C-Cost Sheet for the minimum acceptable specifications for items/services
UW Specifications may not be revised without an official written amendment issued by Purchasing.
Charter Coach Bus Specifications
6.1.1 For the purpose of this Contract, motor coach buses shall be defined as a highway touring bus and
mini-type coach buses equipped with restrooms. It is not a school bus such as that used by school
districts to transport student to and from school, and which is commonly called a “yellow school bus”.
All 36-passenger and larger motor coach buses must be equipped with restrooms and storage for
luggage. Motor coach buses should be not more than ten (10) years old. All motor coach buses shall
be equipped to modern standards of service for long-distance travel, to include heating and airconditioning, restrooms, working WiFi internet connection, AM/FM stereo radios, televisions and
DVD players. All motor coach buses shall be seasonally equipped and serviced for passenger comfort
and reliability, particulary during temperature extremes. Drivers shall be knowledgeable of preventive
measures to keep inclement weather from adversely affecting trip schedules. In addition, all buses
must be equipped in accordance with all State and Federal Safety Standards and all drivers must be
appropriately licensed for intra and interstate driving.
Contractor must agree to comply with Sections 390-396 of the U.S. Department of Transportation
Motor Carrier Safety Regulations. All motor coach vehicles shall be equipped in accordance with all
applicable state regulation and safety standards, and all drivers shall be properly licensed for intra-and
inter-state driving.
The successful Contractor will be financially responsible for obtaining all required permits, license, etc.
to comply with pertinent Board of Regents, University of Wisconsin System regulations, Municipal,
County, State and Federal laws; and assume liability for applicable tax bonds, insurance, tickets, etc.
Every attempt will be made by the University to give the Contractor at least five (5) days notice prior
to the date of a charter, but the contractor must agree to accept forty-eight (48) notice in the case of
emergencies or unforeseen circumstances. The Contractor will be informed of the destination,
departure date and time, return date and time, the number of passengers to be transported, the size of
the coach bus required and whether it needs to be a handicapped-accessible bus and a contact name
and phone number. Clear directions for the pick-up location on campus will be given; however, it is
expected the drivers will be familiar with the layout of the campus buildings. (Reference: Attachment
J-Campus Map) Although it should be rare, in situations where the Contractor cannot comply with a
forty-eight (48) hour request, the University may contract with another vendor to provide these
Prices bid by vendors will not include highway tolls, bridge tolls or airport fees. These costs are to be
invoiced at actual cost, in addition to charges for the charter.
Contractor must have the capability to communicate between buses in the event of several chartered
buses traveling together.
Charter Bus Contractors must meet state standards of equipment and drivers per Wisconsin
Administrative Code Trans 300, Subchapter II (equipment) and Trans 300.16 (driver or equipment).
Contractor must have covered telephone service from 8:00 AM to 5:00 PM, CST/CDT Monday
through Friday in order to respond promptly to requests for service.
Trip requirements for Fiscal Year 2013-2014 as shown on Attachment B are representative of the
type of trips taken in a normal fiscal year (July – June) barring unforeseen circumstances. The
requirements for Fiscal Year 2013-2014 may be greater or less than, to the same or different
destinations, the same or different days that those listed on Attachment B. The University
does not guarantee a minimum number of charters will be scheduled. The Contractor shall furnish all
coaches, drivers, fuel and maintenance, and materials necessary to provide Coach Bus Service as
required by UW-Superior for the term of this contract. The service may be required on any day of the
wek, and more than one coach may be required on the same day at the same time. The contractor must
have sufficient fleet depth to accommodate simultaneous requirements and to compensate for
mechanical breakdowns. Reference Appendix B – Charter Coach History & Sample Athletic
6.1.10 The University expects the Contractor will determine trip routings requiring the least mileage and
hourly charges when providing the customer a quote.
6.1.11 Cancellation:
Occasionally, trips will need to be canceled. Usually it will be because of bad weather conditions or
not enough participants to justify a bus charter. There will be no penalty to the University for
cancellations made forty-eight (48) hours or more in advance of the scheduled charter. Cancellations
made between forty-eight (48) hours and scheduled trip are subject to a vendor cancellation fee not to
exceed $50.00. If a cancellation fee will be assessed, the dollar amount must be shown on the Cost
Sheet-Attachment C. Contractor must advise departments regarding any policy in place to reserve
buses and also of any cancellation policy. The department that places the charter will be responsible
for any cancellation fees by their failure to to cancel within the time frame allowed for no charge
cancellations (48-hours). This policy will allow the vendor to utilize equipment and personnel
efficiently. The Contractor will be notified at once, when a decision has been made to cancel a trip.
6.1.12 Start Mileage & Stop Time:
All mileage and time will be calculated from departure and arrival (return) point at UW-Superior,
unless other arrangement are mutually agreed by the Contractor and the appropriate campus authority.
Any time and mileage expended by the Contractor to travel to Superior, WI to provide service as
requested will be at the Contractor’s expense (deadhead miles). The University will designate the
location and time of pick-up and discharge point (usually the same place). “Deadhead” charges to and
from the UW-Superior campus may not be be allowed for this contract. However, the “deadhead”
mileage rate on Attachment C-Cost Sheet, would only apply in cases if airport pickup and dropoff
Buses are to be at the designated pick-up point at least 10 minutes prior to departure time for loading at
no cost for this time. Failure to show or arriving late will be cause for penalty (see Performance &
Contract Requirements).
6.1.13 Driver/Operator Requirements:
The driver (or drivers in the event of a long charter) must be unaccompanied. This means that spouses
or children cannot be on University chartered trips. The cost of the Driver’s room will be the
responsibility of the University. Driver’s meals and incidentials are the responsibility of the
Contractor. Layover time at destination sites may be as much as seventy-two (72) hours. UW-Superior
will make such accommodations whenever possible or practical and most cost effective; however will
not be responsible for arranging food or housing for drivers during such layovers. Typically, lodging
accommodation arrangement will be made by the the Univeristy, but should be coordinated and
communicated between the ordering Department and the Contractor.
Drivers are required to obtain or have available written directions to each destination prior to pick up
of passengers. Drivers shall have prior knowledge of the trip itinerary and have a route planned.
Drivers must not eat, drink, read maps, or operate cellular devices while operating the vehicle. Driver
smoking breaks will be only done when the passengers has scheduled or requested a stop. Driver must
not have any personal items including coolers or luggage in the aisle of the vehicle during charter
6.1.14 Performance/Service Standards: The University may require the Contractor not to assign any employee the University deems
incompetent, careless, insubordinate or otherwise objectionable to work on University
projects. Late Penalty: A late penalty may be assessed against the total value of the trip if Contractor
does not pick up as required the ordering department against a contract order or as agreed
upon by purchase order or quotes. If the Contractor cancels a trips without proper notice as defined above, the University
reserves the right to contract with other vendors and charge the canceling Contractor the
difference in prices paid. For each instance in which a passenger is picked up outside this
service standard, the following charge will be assessed.
LATE (From Scheduled Departure Time)
30 Minutes
60 Minutes
The charge may be waived during periods of severe weather or when conditions, as determined
by the University, indicate that the delay was unavoidable. This determination is final. If the
Contractor believes an event occurring in the University/city may cause delays, it is the
responsibility of the Contractor to notify the orderer of the event and to obtain prior written
concurrence that charges will not be assessed.
The University’s mandatory standard for acceptable contractor performance is three (3) or
fewer late trips per month. A missed trip counts as a late trip. Failure to attain the standard for
two (2) months in a row or any three (3) months total during any annual term of the contract
may be cause for cancellation of this contract by the University.
All complaints will be forwarded to the Contract Administrator for resolution if not resolved by
the contracting Department. The contractor is responsible for supplying the size of the bus that is requested by the
University. If the contractor does not have the requested bus size, they are to supply the next
largest size available at the cost of the original requested size. For example, if an athletic team
requests a 38/39 passenger bus and the contractor does not have one available, they must
substitute a 40/43 passenger bus and invoice at the requested 38/39 passenger rate due to their
inability to provide the requested size.
6.1.15 Accounting: The Contractor shall maintain complete and accurate records of every coach bus service
transaction in accordance with accepted industry accounting practices and shall keep in a safe
place all such financial records and statements pertaining to the coach bus service operations at
the University of Wisconsin-Superior for a period of three (3) years from the close of each
year’s operation. The Contractor’s daily route mileage charge per bus and employee time records shall be used
to compute charges to the University. These records shall be kept for every scheduled trip,
indicating date, departure, return times, destination, layover time, driver, number of
passengers and type of bus. All records pertaining to the operation of the Contractor’s coach bus business shall be open
for inspection and/or audit by the State and/or the University at any or all reasonable time.
6.1.1 Any contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned or
otherwise transferred to any Subcontractor without prior written approval by Purchasing. Upon
request, Contractor must provide Subcontractor’s complete contact information including
EIN #(TIN #, SSN #) and signed W-9 form
The Contractor shall be directly responsible for any subcontractor’s performance and work quality
when used by the Contractor to carry out the scope of the job. University reserves the right to assess
Contractor Liquidated Damages in excess of the contract amount for Subcontractor’s failure to perform
or inability to complete required project milestones.
Subcontractors must abide by all terms and conditions under this Contract.
If Subcontractors are to be used, the Contractor must clearly explain their participation and deliverables
prior to commencing work.
Employee Identification
All Contractor’s employees, while working on University property, must wear a clearly displayed photo
identification badge or uniform showing name of employee and/or company represented. Any identification
must be provided by the Contractor at the Contractor’s cost.
NOTE: This form must be returned with your bid response. Numbers identified correspond to those Sections
shown in the SPECIAL CONDITIONS OF BID. Bidder may attach additional relevant information to their bid
response; identify sections to which information applies.
___ YES
Bidder understands that if they are awarded the contract, they agree to provide upon request,
as required, a MBE Participation Annual Report of all dollars spent with all minority subcontractors?
Terms and Conditions
A contract will be awarded based on the criteria established in this bid. The Specifications, Special and Standard
Terms and Conditions, Attachments to the bid document, Bidder response and any UW-Superior Purchase Order will
become the Contract between the University and the Contractor. Bidder must accept these Specifications, Special and
Standard Terms and Conditions or submit detailed and defined exceptions along with proposed alternative or
additional language for each exception.
Submitting a standard Bidder Contract as a complete substitute or alternative for the language in this solicitation will
not be accepted and may result in rejection of the vendor’s bid.
The University reserves the right to negotiate contractual terms and conditions or reject the Bidder’s response and
proceed to the next qualified bidder.
Have you completed and returned all forms required?
Do you agree to extending the contract to other:
University of Wisconsin System campuses?
State of Wisconsin Agencies?
Wisconsin Municipalities?
If YES, indicate whether other charges will be added and what those
charges would be: ___________________________________________________
What order method will you accept orders against this contract:
Other: ______________________________________________
Bidder must designate a person(s) to provide information on: Contract Problems, Contract
Renewal/Cancellation, Invoice Information, Ordering/Expediting, Returns, Minority Business,
Affirmative Action and Sales Representative.
Contract Problems
Contract Renewal/Cancellation
Invoice Information
Contact Name: _______________________
PHONE: ___________________________
FAX: ______________________________
Contact Name: _______________________
Address: ____________________________
PHONE: ____________________________
Name: ___________________________________________
Phone: ___________________ Fax: ___________________
EMAIL: _______________________________________________________
WEBSITE: _____________________________________________________
Are you in the business of providing Charter Coach Bus and has your
company or its principals done so for the past 3 years?
Have you provided a client list?
Do you agree to no minimum order quantity or dollar amount?
Firm Prices
Do you agree to firm prices as stated?
Do you agree with process and timeframe identified for accepting price increases?
Benchmark fuel charge per gallon August 1, 2014? $__________________
Are you bidding all prices On Site Service? (Be sure to read Section 5.2 carefully)
Will you provide insurance certificate(s) indicating coverage and agree to maintain
coverage as required in 5.2 and will you have added the following language to the
insurance certificate?
“The Board of Regents of the University of Wisconsin System, its officers, employees and
agents” are added as an additional insured under the commercial general, automobile and
Contractor’s liability policies”.
Will you agree that all invoices will reflect prices established for items on this Contract
for all orders placed even though the Contract number and/or correct prices may not be
referenced on each order?
Will you accept orders placed using a Purchasing Card?
If YES, orders placed using a Purchasing Card must reflect current contract pricing.
Any fees charged for use of the University’s Purchasing Card program are not allowed
according to Visa Purchasing card rules.
Can you report on service/items purchased on this contract if requested?
6.1-6.3 Do you comply with all Specifications and Service Requirements?
Do you agree to subcontracting terms and conditions?
Will you agree to have all employees wear appropriate identification?
The Bidder certifies by submission of the bid that neither it nor its principals is presently suspended or declared
ineligible from participation in this transaction by any Federal Department or Agency. ___________ (Initial)
I certify that the information I have provided in this bid is true and I understand that any false, misleading or missing
information may disqualify the bid.
_________________________________________ ______________________________________________
Company Name (print or type)
Bidder's name & title (print or type)
_________________________________________ ______________________________________________
Bidder's Signature
E-mail address
(Reference PDF document attached to RFB LG-15-SUP01)
The trips shown on Attachment B (Charter Coach History) were trips that were made by various departments during fiscal year 2013-2014.
This information is provided only to indicate a sampling of the types of trips that will require coah bus service, and is not a guarantee to the
successful bidder. Bidders shall submit a bid for any or all Lots.
Trip Mileage
Cost per Mile
Total Cost
LOT 1: 55 Passenger Bus (inc. Intra & Inter State Travel)
55 Passenger Charter Bus: Long Trip: > 400 Miles
55 Passenger Charter Bus: Short Trip: 400 or < Miles
LOT 2: 44-47 Passenger Bus (inc. Intra & Inter State
44-47 Passenger Charter Bus: Long Trip: > 400 Miles
44-47 Passenger Charter Bus: Short Trip: 400 or < Miles
LOT 3: 27-30 Passenger Bus (inc. Intra & Inter State
27-30 Passenger Charter Bus: Long Trip: > 400 Miles
27-30 Passenger Charter Bus: Short Trip: 400 or < Miles
Other charges for bus service that may be in addition to the above stated mileage rates:
1. Deadhead mileage rate $______________ (Per Mile) (see 6.1.12)
2. Overnight layover charge
$ ___________ (Per Driver)
3. Any charges/restricitons that have not been address, please explain.
$_____________ / _____________________________
$_____________ / _____________________________
4. Please state your cancellation policy:
5. Please state your overnight/layover policy:
6. Please state whether any other discounts are available:
Bidder Name:____________________________________________________________________________________
The Bidder must provide a minimum of three (3) business references.
Reference Name: _____________________________________________ Contact: ______________________
Address: ________________________________________________________________________________________
Phone #: (
) ____________________
E-mail Address_______________________________________________
Fax/Internet address:_______________________________________________________________________________
Description and date(s) of commodities and services provided: _____________________________________________
Reference Name: _____________________________________________ Contact: _______________________
Address: _________________________________________________________________________________________
Phone #: (
) ____________________
E-mail Address_______________________________________________
Fax/Internet address:________________________________________________________________________________
Description and date(s) of commodities and services provided: ______________________________________________
Reference Name: _____________________________________________ Contact: ________________________
Address: _________________________________________________________________________________________
Phone #: (
) ____________________
E-mail Address_______________________________________________
Fax/Internet address:________________________________________________________________________________
Description and date(s) of commodities and services provided: ______________________________________________
References may be contacted to confirm the Bidder’s abilities and qualifications as stated in the Bidder’s
response. The University may perform due diligence by contacting any applicable business reference,
including references from within the UW System. The University reserves the right to disqualify any Bidder
whose references don’t support their stated claim of qualifications in their response.
1. In accordance with Wisconsin Statutes 16.75(3m), 16.752 and 560.035(1)(c), please indicate below if you are a Wisconsin
Certified minority business (MBE), work center (WC) or woman owned business (WBE) (see websites: or ).
____ Minority (MBE) ____ Work Center (WC) ____ Woman Owned Business (WBE) ___ Not applicable
(If no answer is indicated above, we will assume that you are none of the above when making the award.)
2. Pursuant to Public Law 95-507, indicate which of the following classifications apply to your organization. All vendors are
considered Large Business unless otherwise indicated (see website: (Check √ all that apply.)
____________ LARGE BUSINESS (LG)
____________ SMALL BUSINESS (SB)
3. AMERICAN MADE: Wisconsin Statutes S. 16.754, directs the state to purchase materials which are manufactured to the
greatest extent in the United States when all other factors are substantially equal. “Substantially equal” means when bids
are tied or proposal scores are equal. Indicate whether the material covered in your bid/proposal were manufactured in
whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in
whole or in substantial part in the United States.
____________ YES
____________ NO
____________ UNKNOWN
4. MINORITY BUSINESS PARTICIPATION: As a mandatory component of this proposal (or bid), you must complete the
“Supplier Diversity, Minority Business Enterprise (MBE) Program Commitment” form that is a part of this document.
I have reviewed, completed and enclosed the “Diversity, Minority Business Enterprise (MBE) Program Commitment” form.
____________ YES
____________ NO
5. RECYCLED PRODUCTS/PACKAGING/DISPOSAL TECHNIQUES: The University is committed to promote environmentally
sound procurement, usage and disposal methods which are in compliance with State of Wisconsin County, and Municipal
regulations. Currently the University has a recycling program for starch and Styrofoam packing peanuts. The University’s
preference is to receive starch peanuts whenever possible. The Contractor shall not use INSTAPAK (or similar) or mix
starch and Styrofoam peanuts under any circumstances. Each product shall be separately pre-packed in accordance with
commercially accepted methods. Small products may be packaged in protective envelopes (Mail-Lite or Bubble-Jet packs).
As an agency of the State of Wisconsin, the University of Wisconsin-Superior shares the state goal of spending 5% of total
purchases with certified minority businesses. State policy provides that Minority owned Business Enterprises (MBE) certified by
the Wisconsin Department of Commerce; Bureau of Minority Development should have the maximum opportunity to participate
in the performance of its contracts. To support the University’s pursuit of the 5% goal we expect all contracted vendors to
proactively subcontract with MBE companies wherever possible.
Your complete response to the questions below will confirm the following; a) an indication that you understand the
University’s goal, b) a listing of vendors with which you intend to subcontract, c) a description of the MBE expenditures
you will be able to report to us, and d) a statement expressing your commitment to complete the annual report that will
reflect your subcontracting efforts for the year.
A complete listing of all certified MBE firms is available at: . A vendor or
commodity look up tool is available at: or you can contact Godwin
Amegashie at 608-267-7806, [email protected]
Information regarding certification of minority businesses is available at: or you can direct further questions to Tru Mwololo at 608-261-2510,
[email protected]
Authority for this program is found in Wisconsin Statutes 15.107(2), 16.75(4), and 16.755 and 560.036(2), and details about the
program can be found at:
Please complete and sign the following information:
1. Our company is a Wisconsin certified MBE.
_____ YES
2. We are aware of the University’s goal to spend 5% of their total purchasing dollars
with certified MBE firms.
_____ YES
_____ YES
3. If this is an on-going contract, we are aware that our company will receive an annual
request from the University to report all expenditure activity with sub-contracted
MBE vendors in support of this contract.
4. Our company intends to subcontract the indicated dollar volume with the MBE firms listed below:
Printed name
DOA-3027 N(R01/98)
The attached material submitted in response to Bid/Proposal #LG-15-SUP02
includes proprietary and
confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that
can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of
this bid/proposal response be treated as confidential material and not be released without our written approval.
Prices always become public information when bids/proposals are opened, and therefore cannot be kept
Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats. as
follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or
process to which all of the following apply:
1. The information derives independent economic value, actual or potential, from not being generally known to, and not
being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.
2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.
We request that the following pages not be released
Page #
Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response will be
open to examination and copying. The state considers other markings of confidential in the bid/proposal document to be insufficient. The
undersigned agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified
Company Name
Authorized Representative
Authorized Representative
Type or Print
This document can be made available in accessible formats to qualified individuals with disabilities.
Wisconsin Department of Administration
Chs. 16, 19, 51
DOA-3054 (R10/2005)
Page 1 of 3
(Request for Bid/Proposals)
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.
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.
DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified.
PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for
educational discounts. Unit prices shall reflect these discounts.
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).
UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act.
ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, to waive any technicality
in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the State of Wisconsin.
Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid/proposal is due.
Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail system does not constitute
receipt of a bid/proposal by the purchasing office.
METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified.
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.
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.
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.
GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery schedules as specified or to promptly replace rejected materials
shall render the contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall
include the administrative costs.
ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except
where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written
contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any
document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority.
APPLICABLE LAW AND COMPLIANCE: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all
times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this
contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel this contract if the
contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax.
The State of Wisconsin also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently
identified on the list of parties excluded from federal procurement and non-procurement contracts.
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.
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.
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.
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.
REPORT OF CHILD ABUSE OR NEGLECT: If in the course of providing services to University of Wisconsin System Institutions, contractor
(or its agent or employee) observes an incident of threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect,
and the contractor (or its agent or employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, contractor
must make a report of that abuse or neglect to law enforcement or to a county social service agency as provided in University of Wisconsin
System Institution’s Child Abuse & Neglect Policy. If the suspected child abuse or neglect involves University of Wisconsin Institution, the
contractor shall also report that abuse to the University of Wisconsin System Institution Office of Equity & Diversity Services.
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 des cribed 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.
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.
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.
INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall:
Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work.
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.
The state reserves the right to require higher or lower limits where warranted.
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
PUBLIC RECORDS ACCESS: It is the intention of the state to maintain an open and public process in the solicitation, submission, review,
and approval of procurement activities.
Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice
of intent to award or the award of the contract.
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.
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.
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
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, i s 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
State classified and former employees and certain University of Wisconsin faculty/staff are subject to separate disclosure requirements, s.
16.417, Wis. Stats.
RECYCLED MATERIALS: The State of Wisconsin is required to purchase products incorporating recycled materials whenever technically and
economically feasible. Bidders are encouraged to bid products with recycled content which meet specifications.
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
PROMOTIONAL ADVERTISING / NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its departments, agencies or
other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not
be made without prior approval of the State of Wisconsin. Release of broadcast e-mails pertaining to this procurement shall not be made
without prior written authorization of the contracting agency.
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.
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 537077846; telephone (608) 261-7577.
35.0 WORK CENTER PROGRAM: The successful bidder/proposer shall agree to implement processes that allow the State agencies, including the
University of Wisconsin System, to satisfy the State's obligation to purchase goods and services produced by work centers certified under the
State Use Law, s.16.752, Wis. Stat. This shall result in requiring the successful bidder/proposer to include products provided by work centers in
its catalog for State agencies and campuses or to block the sale of comparable items to State agencies and campuses.
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, st rikes, freight
embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the
fault or negligence of the party.
State of Wisconsin
Department of Administration
DOA-3681 (01/2001)
ss. 16, 19 and 51, Wis. Stats.
Supplemental Standard Terms & Conditions
for Procurements of Services
ACCEPTANCE OF BID/PROPOSAL CONTENT: The contents of the bid/proposal of the successful contractor will
become contractual obligations if procurement action ensues.
CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: By signing this bid/proposal, the bidder/proposer
certifies, and in the case of a joint bid/proposal, each party thereto certifies as to its own organization, that in
connection with this procurement:
The prices in this bid/proposal have been arrived at independently, without consultation, communication, or
agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other
bidder/proposer or with any competitor;
Unless otherwise required by law, the prices which have been quoted in this bid/proposal have not been
knowingly disclosed by the bidder/proposer and will not knowingly be disclosed by the bidder/proposer prior to
opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement,
directly or indirectly to any other bidder/proposer or to any competitor; and
No attempt has been made or will be made by the bidder/proposer to induce any other person or firm to
submit or not to submit a bid/proposal for the purpose of restricting competition.
Each person signing this bid/proposal certifies that: He/she is the person in the bidder's/proposer's organization responsible within that organization for the decision as to the prices being offered herein and that
he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above; (or)
He/she is not the person in the bidder's/proposer's organization responsible within that organization for the
decision as to the prices being offered herein, but that he/she has been authorized in writing to act as agent
for the persons responsible for such decisions in certifying that such persons have not participated, and will
not participate in any action contrary to 2.1 through 2.3 above, and as their agent does hereby so certify; and
he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above.
Prior to award of any contract, a potential contractor shall certify in writing to the procuring agency that no
relationship exists between the potential contractor and the procuring or contracting agency that interferes
with fair competition or is a conflict of interest, and no relationship exists between the contractor and another
person or organization that constitutes a conflict of interest with respect to a state contract. The Department
of Administration may waive this provision, in writing, if those activities of the potential contractor will not be
adverse to the interests of the state.
Contractors shall agree as part of the contract for services that during performance of the contract, the
contractor will neither provide contractual services nor enter into any agreement to provide services to a
person or organization that is regulated or funded by the contracting agency or has interests that are adverse
to the contracting agency. The Department of Administration may waive this provision, in writing, if those
activities of the contractor will not be adverse to the interests of the state.
DUAL EMPLOYMENT: Section 16.417, Wis. Stats., prohibits an individual who is a State of Wisconsin employee or
who is retained as a contractor full-time by a State of Wisconsin agency from being retained as a contractor by the
same or another State of Wisconsin agency where the individual receives more than $12,000 as compensation for
the individual’s services during the same year. This prohibition does not apply to individuals who have full-time
appointments for less than twelve (12) months during any period of time that is not included in the appointment. It
does not include corporations or partnerships.
EMPLOYMENT: The contractor will not engage the services of any person or persons now employed by the State of
Wisconsin, including any department, commission or board thereof, to provide services relating to this agreement
without the written consent of the employing agency of such person or persons and of the contracting agency.
CONFLICT OF INTEREST: Private and non-profit corporations are bound by ss. 180.0831, 180.1911(1), and
181.0831 Wis. Stats., regarding conflicts of interests by directors in the conduct of state contracts.
RECORDKEEPING AND RECORD RETENTION: The contractor shall establish and maintain adequate records of
all expenditures incurred under the contract. All records must be kept in accordance with generally accepted
accounting procedures. All procedures must be in accordance with federal, state and local ordinances.
The contracting agency shall have the right to audit, review, examine, copy, and transcribe any pertinent records or
documents relating to any contract resulting from this bid/proposal held by the contractor. The contractor will retain
all documents applicable to the contract for a period of not less than three (3) years after final payment is made.
INDEPENDENT CAPACITY OF CONTRACTOR: The parties hereto agree that the contractor, its officers, agents,
and employees, in the performance of this agreement shall act in the capacity of an independent contractor and not
as an officer, employee, or agent of the state. The contractor agrees to take such steps as may be necessary to
ensure that each subcontractor of the contractor will be deemed to be an independent contractor and will not be
considered or permitted to be an agent, servant, joint venturer, or partner of the state.
(Reference PDF document attached to RFB LG-15-SUP01)
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