State of Wisconsin Wis. Statutes s.16.75 DOA-3070 (R08/2003)

State of Wisconsin Wis. Statutes s.16.75 DOA-3070 (R08/2003)
State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 (R08/2003)
BIDS SHALL BE SEALED AND ADDRESSED TO:
Remove from Bidder list for this commodity/service. (Return this page only.)
Bid envelope shall be sealed and plainly marked in lower corner with due date and Request for Bid
#28174-RH Late bids will be rejected. Bids SHALL 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 shall 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.
AGENCY ADDRESS:
Department of Administration
State Bureau of Procurement
Attn: Rick T. House
101 E. Wilson Street, 6th Floor
P.O. Box 7867
Madison, WI 53707-7867
REQUEST FOR BID
Bids SHALL be in this office no later than
THIS IS NOT AN ORDER
Thursday, October 16, 2014 @ 2 PM Central Daylight Time (CDT)
BIDDER (Name and Address)
Name (Contact for further information)
Rick House
Phone
Release Date
(608)266-8024
August 25, 2014
Quote Price and Delivery FOB
Milwaukee and Dane County, WI
Fax bids are accepted
Fax bids are not accepted
MODEL YEAR 2015 or NEWER PASSENGER, LAW ENFORCEMENT VEHICLES AND LIGHT DUTY TRUCKS
Bid Price Sheets for Freightliner, Isuzu, Chevrolet, GMC, Ford, Dodge, Ram, Jeep and Chrysler vehicles are attached. Bidder shall submit one
(1) original signed hard copy marked “Original” and one (1) electronic copy, of all materials, including bid price sheets required for
acceptance of the bid by October 16, 2014 @ 2 PM CDT. All Bid Price Sheets must be completed in Microsoft Excel. Electronic bid copies
shall be submitted by utilizing a CD or Flash Drive. Any bid price sheets that are hand written or submitted in an alternate format will
result in bid rejection. IF YOU REPRESENT A MANUFACTURER NOT IDENTIFIED IN THIS REQUEST FOR BID AND ARE INTERESTED IN
PARTICIPATING, EMAIL THE RFB MANAGER AT [email protected] NO LATER THAN SEPTEMBER 17, 2014 at 2:00 PM CDT to
request an applicable Bid Price Sheet. Requests made after this time will not be acknowledged.
Payment Terms
Delivery Time
Bidder claims minority or disabled veterans’ bidder preference pursuant to s.16.75 (3m) (b) 3, Wis. Stats. A 5% preference may be granted to a minority business enterprise
(MBE) and disabled veteran-owned business (DVB) certified by the Wisconsin Department of Administration, Supplier Diversity Program. If you have questions concerning
the certification process, contact the Wisconsin Department of Administration, Supplier Diversity Program. Bidder preferences do not apply to printing bids.
Certified DVB:
Certified MBE:
Bidder is a work center certified under s. 16.752, Wis. Stats., employing persons with severe disabilities. Questions concerning the certification process should be addressed
to the Department of Administration, State Bureau of Procurement, State Use Program.
Certified Work Center:
Section 16.754, Wis. Stats., directs the purchase of materials that are manufactured to the greatest extent in the United States when all other factors are substantially equal.
Materials covered in this 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.
Bidder certifies that it has 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.
Bidder will comply with all terms, conditions and specifications required by the State in this Request for Bid.
Name of Authorized Company Representative (Type or
Print)
Signature of Above
Title
Date
Phone
(
)
Fax
(
)
e-mail.
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
TABLE OF CONTENTS
STATE OF WISCONSIN - REQUEST FOR BID (RFB) #28174-RH
MODEL YEAR 2015 or NEWER PASSENGER, LAW ENFORCEMENT VEHICLES AND LIGHT DUTY TRUCKS
1.
INTRODUCTION AND SCOPE
1.1
Purpose of the Request for Bid
1.2
Scope
1.3
Reasonable Accommodations
1.4
Overview of Procuring Agency
1.5
Contract Term
1.6
Cancellation and Termination
1.7
VendorNet Registration
1.8
Cooperative Purchasing
5
5
5
5
5
5
5
6
6
2.
BID PROCEDURES AND INSTRUCTIONS
2.1
Method of Bid
2.2
Calendar of Events
2.3
Format of Bid
2.4
Multiple Bids
2.5
Incurring Costs
2.6
Correspondence, Clarifications and Questions
2.7
Request for Bid Participation
2.8
News Releases
2.9
References
7
7
8
8
9
9
9
9
9
9
3.
BID ACCEPTANCE, REVIEW AND METHOD OF AWARD
3.1
Bid Opening
3.2
Bid Acceptance
3.3
Bid Response Sheet (Attachment A)
3.4
Bid Review
3.5
Method of Award
3.6
Notification of Intent to Award
10
10
10
10
10
10
10
4.
MANDATORY TECHNICAL REQUIREMENTS
4.1
Required Equipment
4.2
Optional Equipment
4.3
Plows
4.4
Toppers
4.5
Warranty
4.6
Nameplate
10
10
11
11
11
11
11
5.
POST AWARD MANDATORY PERFORMANCE REQUIREMENTS
5.1
New Vehicle Performance
5.2
New Vehicle Service
5.3
New Vehicle Condition
5.4
Delivery
5.5
New Vehicle Acceptance
5.6
Specification Compliance
5.7
Defective Product
5.8
Substandard Work
5.9
Timely Response
11
11
11
11
11
12
12
12
12
12
6.
POST AWARD MANDATORY SUPPORT REQUIREMENTS
6.1
Production Cutoff Dates
6.2
Recordkeeping and Record Retention
12
12
12
RFB #28174-RH
Page 2 of 26
6.3
Quarterly Reports
13
7.
COST REQUIREMENTS
7.1
Bid Price Sheets
7.2
Freight
7.3
Price Decrease
7.4
Price Increase
7.5
Manufacturer’s Rebate (Incentives)
7.6
Estimated Number of Vehicles
13
13
13
13
13
13
14
8.
ORDER OF PRECEDENCE
14
9.
ADDITIONAL TERMS AND CONDITIONS
9.1
State Employees
9.2
Conflict of Interest
9.3
Prime Contractor
9.4
Independent Contractor
9.5
Sub-contracting
9.6
Minority Business Enterprises
14
14
14
14
14
14
15
10. TAX EXEMPTIONS AND CERTIFICATION OF COLLECTION OF SALES AND USE TAX 15
11. AFFIRMATIVE ACTION
15
12. ATTACHMENTS
15
13. REQUIRED FORMS (Attached)

Request for Bid form (DOA-3070) – cover sheet, first page of this RFB

Bid Response Sheet (Attachment A)

Bidder Information Form (DOA-3477)

Bidder Reference Form (DOA-3478)

Designation of Confidential and Proprietary Information (DOA-3027)

Vendor Agreement – WI Cooperative Purchasing Service Form (DOA-3333)

Appendix 1 (Attachment)
16
14. STANDARD TERMS AND CONDITIONS
RFB #28174-RH
17
18
19
20
21
22-24
Page 3 of 26
THE FOLLOWING IS A LIST OF DEFINITIONS AND ACRONYMS THAT ARE USED
THROUGHOUT THE RFB
Agency: means an office, department, agency, institution or 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 money appropriated by law, including the legislature and the courts, but not
including an authority.
Bidder: means a firm submitting a bid in response to the Request for Bid
Bid Item Number: The number that will be used to delineate bid awards
Bid Price: shall be inclusive of all Required Equipment as specified in this RFB and is the price that will
be used in determining contract award
Bio-Diesel (B20): means 20% biodiesel, 80% petroleum diesel
Contractor: means successful Bidder awarded the bid
Contract Manager: means the individual in the State Bureau of Procurement (SBOP) responsible for
managing this RFB and subsequent contractual issues.
CNG: means Compressed Natural Gas
Dealer: means a firm submitting a bid in response to the Request for Bid
Department: means the Department of Administration
DOA: means the Department of Administration
E85: means a blend of 85% ethanol and 15% gasoline
Minority Business Enterprise (MBE): means a business that has been certified under Wisconsin Statutes
15.107(2), 16.75(4), and 16.75(5) and 560.036(2).
MSRP: means Manufacturer’s Suggested Retail Price
Municipality: is defined as any county, city, village, town, school, district, board of school directors,
sewer district, drainage district, vocational, technical and adult education district, or any other public
body having the authority to award public contract (s. 16.70(8), Wis., Stats.)
Optional Equipment: equipment the bidder shall provide pricing for that the State MAY order
Required Equipment: means the minimum list of equipment that shall be included in Bid Price
RFB: means Request for Bid
SBOP: State Bureau of Procurement
Shall: means that a requirement is mandatory
State: means State of Wisconsin
Wisconsin’s Cooperative Purchasing Service: means Wisconsin statutes (s. 16.73, Wis. Stats.) that
establishes authority to allow Wisconsin Municipalities to purchase from state contracts
RFB #28174-RH
Page 4 of 26
1.
INTRODUCTION AND SCOPE
1.1.
PURPOSE OF THE REQUEST FOR BID: The State of Wisconsin, as represented by its Department
of Administration (DOA), intends to use the results of this procurement to conduct statewide vehicle
purchases for the 2015 Model Year. This document provides interested parties with all relevant
information to enable them to prepare and submit an official response. Contracts that are established
through this Request for Bid (RFB) will be utilized by State Agencies including University of
Wisconsin System campuses and eligible participants in the State of Wisconsin’s cooperative
purchasing.
1.2.
SCOPE: The State of Wisconsin intends to purchase the following 2015 Model Year Vehicles



Light Duty Trucks
Passenger Vehicles
Law Enforcement Vehicles
The attached Bid Price Sheets identify the following information:



The different vehicle configurations that the State of Wisconsin may wish to purchase
The Required Equipment that shall be included for each vehicle
The Optional Equipment that may be purchased in addition to the base vehicle
1.3.
REASONABLE ACCOMMODATIONS: The DOA will provide reasonable accommodations,
including the provision of informational material in an alternative format, for qualified individuals
with disabilities upon request. If you need accommodations at a bid opening or vendor conference,
contact Rick House at (608)266-8024 or [email protected]
1.4.
OVERVIEW OF PROCURING AGENCY: The DOA performs administrative and executive
functions for the State of Wisconsin. The State Bureau of Procurement (SBOP) will perform these
functions relative to this procurement.
1.5.
CONTRACT TERM: All contracts resulting from this RFB will be valid for 2015 or newer Model
Year vehicles or no later than November 1, 2015.
1.6.
CANCELLATION AND TERMINATION:
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 ninety (90) calendar day 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.
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 day notice to the
Contractor, and the Contractor providing at least ninety (90) calendar day 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 orders. In this event, compensation will
be based on the value of the goods received, per the contract. The State shall be entitled to a refund for
goods paid for but not received or implemented; such refund to be paid within thirty (30) days of
written notice to the Contractor requesting the refund.
RFB #28174-RH
Page 5 of 26
Contract cancellation: The State reserves the right to cancel this Contract in whole or in part without
penalty, if the Contractor breaches or defaults an obligation under the Contract as follows:













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 legally imposed,
thirty (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 herein
Fails to follow the non-discrimination or affirmative action requirements of such as, 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 user.
1.7.
VENDORNET REGISTRATION: Only Bidders registered with the State of Wisconsin’s Vendor Net
will receive future official notice for this service/commodity. The State of Wisconsin’s purchasing
information and vendor notification service is available to all businesses and organizations that want
to sell to the State. Anyone may access Vendor Net on the Internet at http://vendornet.state.wi.us to
get information on State purchasing practices and policies, goods and services that the State buys, and
tips on selling to the State. Bidders may use the same Web site address for inclusion on the Bidders
list for goods and services that the organization wants to sell to the State. A subscription with
notification guarantees the organization will receive an e-mail message each time a State agency,
including any campus of the University of Wisconsin System, posts a request for bid or a request for
proposal in their designated commodity/service area(s) with an estimated value over $50,000.
Organizations without Internet access receive paper copies in the mail. Increasingly, State agencies
also are using Vendor Net to post simplified bids valued at $50,000 or less. Bidders also may receive
e-mail notices of these simplified bid opportunities.
1.8.
COOPERATIVE PURCHASING: The bidder shall complete and return form DOA-3333 Vendor
Agreement for Wisconsin Cooperative Purchasing (attached). Interested municipalities will
contact the Contractor directly to place orders referencing the state contract number. Municipalities
are responsible for receipt, acceptance and inspection of commodities directly from the contractor and
making payment directly to the contractor.
RFB #28174-RH
Page 6 of 26
2.
BID PROCEDURES AND INSTRUCTIONS
2.1.
METHOD OF BID: Bidders shall submit one (1) original signed hard copy, marked “Original” and
one (1) electronic copy, of all materials, including bid price sheets required for acceptance of the bid
by October 16, 2014 @ 2 PM CDT. All Bid Price Sheets must be completed in Microsoft Excel.
Electronic bid copies shall be submitted by utilizing a CD or Flash Drive. Any bid price sheets
that are hand written or submitted in an alternate format will result in bid rejection.
USPS ADDRESS
Department of Administration
Division of Enterprise Operations
State Bureau of Procurement
Attn: Rick House
P.O. Box 7867
Madison, WI 53707-7867
COMMON CARRIER ADDRESS
Department of Administration
Division of Enterprise Operations
State Bureau of Procurement
Attn: Rick House
101 E. Wilson Streets, 6th Floor
Madison, WI 53703-3405.
All bids shall be time-stamped by the State Purchasing Office prior to the stated opening time. Bids
not so stamped will be considered late. Receipt of a bid by the State mail system does not constitute
receipt of a bid by the State Purchasing Office. All bids shall be packaged, sealed and show the
following information on the outside of the package:
Bidder’s Name and Address
Request for Bid Title - Model Year 2015 Vehicles
RFB 28174-RH (RFB Manager – Rick House)
Bid Due Date – October 16, 2014 @ 2 PM CDT
Late bids and bids not securely sealed will not be accepted for any reason. Failure to include the above
referenced information on the bid package may prevent timely receipt of the bid by the State Bureau
of Procurement Office.
The Department of Administration has established new building security policies and procedures at the
101 East Wilson Street address in Madison. There is a security checkpoint in the first floor lobby. All
visitors are required to provide current identification and sign in for a visitor’s pass. Security personnel
will call the intended state employee prior to the visitor being allowed to proceed to their destination in
the DOA building.
This new policy will affect the timing for hand-deliveries of bids, proposals and other time-sensitive
packages. However, properly credentialed package delivery couriers (e.g. UPS, FedEx, etc.) will be
allowed to proceed without obtaining a pass. If you intend to hand-deliver your bid or proposal, please
plan additional time to account for the security process to be completed. Packages cannot be date/time
stamped at the security desk on the lobby level and security personnel will not sign for deliveries; the
package shall be date/time stamped by the office identified in the bid/proposal. The bid due date and
time will not be adjusted to accommodate tardiness due to the new processes, nor will any exceptions
to the due date and time be made. The State is not responsible for deliveries that do not reach their
destination by the required due date and time.
RFB #28174-RH
Page 7 of 26
2.2.
CALENDAR OF EVENTS: Listed below are dates by which actions related to this RFB shall be
completed. In the event that the State finds it necessary to change any of these dates it will do so by
issuing a supplement to this RFB.
DATE
September 17, 2014
September 24, 2014 (Est.)
October 1, 2014
October 8, 2014 (Est.)
Thursday, October 16, 2014
October 22, 2014 (Est.)
2.3.
EVENT
First Round of questions are due in writing
Response to First Round of questions posted to Vendor Net
Second Round of questions are due in writing
Response to Second Round of questions posted to Vendor Net
Bid Due Date
Contract start date
FORMAT OF BID:
TAB (A) Request for Bid sheet (DOA-3070). This is the first sheet of the RFB. Bids submitted in
response to this RFB shall be signed by the person in the Bidder’s organization who is responsible for
the decision as to the prices being offered in the bid or by a person who has been authorized in writing
to act as agent for the person responsible for the decision on prices. By submitting a signed bid, the
Bidder’s signatories certify that in connection with this procurement:



The Bidder’s organization or an agent of the Bidder’s organization has determined the prices in
its bid without consultation, communication or agreement with any other respondent or with any
competitor for the purpose of restricting competition,
The prices quoted in the bid have not been knowingly disclosed by the Bidder’s organization or
by any agent of the Bidder’s organization and will not be knowingly disclosed by same, directly
or indirectly, to any other respondent or to any competitor
No attempt has been made or will be made by the Bidder’s organization or by any agent of the
Bidder’s organization to induce any other person or firm to submit or not to submit a bid for the
purpose of restricting competition.
TAB (B) Bid Response Sheet (Attachment A): This checklist ensures compliance with mandatory
requirements and assists Bidders with organizing their bid submission. Bidders shall complete, sign
and return Attachment A. Any unanswered questions may result in the rejection of the bid.
TAB (C) State of Wisconsin Standard Terms and Conditions (DOA-3054): The standard terms
and conditions attached and included here shall govern this bid and subsequent award. Bidders shall
accept the terms and conditions or submit point-by-point exceptions along with proposed alternative
or additional language for each point, including any Bidder contracts. Submission of any standard
Bidder contracts as a substitute for language in the terms and conditions is not a sufficient response to
this requirement and may result in rejection of the Bidder’s bid. The State reserves the right to
negotiate contractual terms and conditions other than those in the State of Wisconsin Contract when it
is in the best interest of the State to do so.
TAB (D) Bidder Information (DOA-3477): Provide Bidder Company contact information as
requested on the form.
TAB (E) Bidder Reference (DOA-3478): Bidder shall provide at least four (4) names of private or
public organizations that own and operate a fleet with at least 50 total vehicles with which the Bidder
has done business within the last three (3) years. The State will determine which, if any references, to
contact to assess the quality of the product/service.
TAB (F) Designation of Confidential and Proprietary Information (DOA-3027): Information
submitted as part of the bid document which is proprietary and confidential in nature and which
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qualifies as a trade secret may be kept confidential under the Wisconsin Open Records Law – Section
19.36(5), Wis. Stats. Pricing is NOT a trade secret and will not be held confidential by the State.
TAB (G) Vendor Agreement – Wisconsin’s Cooperative Purchasing Services (DOA-3333):
Complete the Vendor Agreement form as directed.
TAB (H) Bid Price Sheets - Bidders shall provide cost information on vehicles for which they are a
manufacturer-authorized dealer. All cost information shall be supplied in the applicable price sheet.
Alternate or modified formats/price sheets will result in rejection of bid.
2.4.
MULTIPLE BIDS: Multiple bids from a Bidder are permissible; however each bid shall conform fully
to the requirements for bid submission. Each such bid shall be separately submitted, sealed and
labeled as Bid #1, Bid #2, etc.
2.5.
INCURRING COSTS: The State is not liable for any cost incurred by a Bidder in the process of
responding to this RFB.
2.6.
CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS: Any questions concerning this RFB
shall be submitted in writing using email (no telephone calls) on or before Wednesday, September
17, 2014 at 2:00 PM, CDT (First Round) or Wednesday, October 1, 2014 at 2:00 PM, CDT
(Second Round), to Rick House at [email protected]
Bidders are expected to raise any questions, exceptions or additions they have concerning the RFB
document or any attachment/appendix of the RFB at this point in the RFB process. If a Bidder
discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this
RFB, the Bidder should immediately notify the above named individual of such error and request
modification or clarification of the RFB document.
In the event it becomes necessary to provide additional clarifying data or information, or to revise any
part of this RFB, supplements or revisions will be published on Vendor Net.
From the date of release of this RFB, until a letter of intent to award a Contract is issued, all contacts
with State Contract Users, including University of Wisconsin System personnel, excluding that
necessary to conduct existing day-to-day business, regarding this RFB shall be made through Rick
House in the State Bureau of Procurement’s Division of Enterprise Operations/Department of
Administration. Violation of this condition may be considered sufficient cause for automatic
disqualification of a Bid.
2.7.
REQUEST FOR BID PARTICIPATION: If you represent a manufacturer not identified in this
Request for Bid and are interested in participating, email the RFB manager no later than September
17, 2014 at 2:00 PM CDT to request an applicable Bid Price Sheet. Requests made after this time
will not be acknowledged.
2.8.
NEWS RELEASES: News releases pertaining to the RFB or to the acceptance, rejection, or evaluation
of Bids shall not be made without the prior review and written approval of the State. News releases,
marketing and advertising pertaining to the Contract resulting from this RFB shall not be made
without the prior review and written approval of the State.
2.9.
REFERENCES: Bidder shall provide at least four (4) names of private or public organizations that
own and operate a fleet with at least 50 total vehicles with which the Bidder has done business within
the last three (3) years. The State will determine which, if any references, to contact to assess the
quality of the product/service.
For each entity, using the Vendor Reference form (DOA-3478) located at the end of this document,
the Bidder shall include the company name, address, contact person and telephone number along with
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Page 9 of 26
a brief description of the product/service, which was the basis for the business relationship.
Subcontractors may not be listed as references.
The State reserves the right to obtain information from other outside sources to assess the quality of
the product/service and ability of bidder to provide the desired product/service.
3.
4.
BID ACCEPTANCE, REVIEW AND METHOD OF AWARD
3.1.
BID OPENING: Bids will be opened on Thursday, October 16, 2014 @ 2 PM CDT at 101 E.
Wilson St., 6th floor. Names of the Bidders may be read aloud at that time. Bid prices and contract
awards will not be announced at the bid opening.
3.2.
BID ACCEPTANCE: The State reserves the right to reject bids which do not comply with instructions
or are unable to comply with specifications contained in this RFB. The State may request reports on a
Bidder’s financial stability and if financial stability is not substantiated may reject a Bidder’s bid. The
State retains the right to accept or reject any or all bids, or accept or reject any part of a bid deemed to
be in the best interest of the State. The State shall be the sole judge as to compliance with the
instructions in this RFB.
3.3.
BID RESPONSE SHEET (Attachment A): Bidders are required to complete and include at the time
of bid submission the attached form entitled “Attachment A.” Failure to include a completed
Attachment A as part of your bid submission may result in bid rejection.
3.4.
BID REVIEW: Bids will be reviewed by the DOA and agency program managers to verify that all
specified requirements in this RFB have been met. This verification may include requesting reports on
the Bidder’s financial stability, conducting demonstrations of the Bidder’s proposed products(s) and/or
service(s) and reviewing results of past awards to the Bidder by the State of Wisconsin.
3.5.
METHOD OF AWARD: Each Bid Price Sheet contains tabs dedicated to specific vehicle categories
(Sedans, SUV) that includes specific vehicle types (Taurus, Impala, Charger) and vehicle
configurations (Engine variations) which correspond to the specifications listed under the Required
Equipment Tab. Bidders shall include all Required Equipment in their bid price as a mandatory
requirement of this bid. Bid awards will be based on the lowest total, responsive, responsible bid for
each vehicle type, by manufacturer. Bidder shall provide pricing for the Applicable and Optional
Equipment if available. Bidders shall provide pricing for each vehicle configuration as specified if
available. Any vehicle configurations left blank may be considered non-responsive and result in bid
rejection. If no single Bidder is able to provide a specific vehicle configuration, the State reserves the
right to delete that configuration from the RFB. For each specific gasoline fueled engine bid, bidders
are required to confirm if it is capable of running on E85 fuel by selecting “YES” or “NO.”
3.6.
NOTIFICATION OF INTENT TO AWARD: Bidders who respond to this RFB, with a bid, will be
notified in writing of the State’s intent to award contract(s) resulting from this RFB. After notification
of the intent to award is made and under the supervision of agency staff, copies of bids will be
available for inspection from 8:30 a.m. to 4:00 p.m. at 101 E. Wilson St., 6th floor, Madison WI.
Bidders shall schedule reviews with Rick House at (608)266-8024 or [email protected]
to ensure that space is available for the review. Reviews must be scheduled at least 48 hours in
advance.
MANDATORY TECHNICAL REQUIREMENTS
All Technical Requirements are mandatory. Submission of a Bid means the Bidder agrees that they comply
with the requirements detailed by the State in this section. Failure to meet a mandatory requirement will
disqualify your Bid or may result in the cancellation of a Contract Award.
4.1.
REQUIRED EQUIPMENT: Required Equipment, as identified in the Bid Price Sheets shall be
included in the Bidders bid price. Do not delete standard options in favor of less expensive non-
RFB #28174-RH
Page 10 of 26
standard options. By checking “YES,” in the applicable Required Equipment Price Sheet, Bidders
confirm that each line of the Required Equipment listed is included in their bid price. If no single
Bidder is able to comply with a specific line of the Required Equipment the State reserves the right to
delete that requirement of the RFB. All equipment shall be factory installed unless noted in the Bid
Price Sheets...
5.
4.2.
OPTIONAL EQUIPMENT: Each bid item number has specific Optional Equipment listed. The
Optional Equipment is designed to supplement the Required Equipment already provided in the
Bidders bid price. There is no guarantee that the State will order any of the requested Optional
Equipment. All optional equipment pricing must be priced less than dealer invoice. All equipment
shall be factory installed unless noted in the Bid Price Sheets. The State reserves the right to reject a
bid, require the contractor to perform a corrective action and lower the option price or rescind a
contract award.
4.3.
PLOWS: Bid price shall include installation per the manufacturer guidelines. All plows shall be fully
functioning and include a handheld or cab mounted controller.
4.4.
TOPPERS: Bid price shall include installation per the manufacturer guidelines and be color coded to
match the color of the vehicle prior to vehicle delivery.
4.5.
WARRANTY: Bidder shall furnish the standard manufacturer’s warranty with invoice for each
vehicle at the time of delivery.
4.6.
NAMEPLATES: Contractor nameplates or decals shall not be affixed in any manner to any vehicle(s)
delivered; photographs of vehicle with identification decals are not allowed.
POST AWARD MANDATORY PERFORMANCE REQUIREMENTS
All Post Award Performance Requirements are mandatory. Submission of a Bid means the Bidder agrees that
they comply with the requirements detailed by the State in this section. Failure to meet a mandatory
requirement may result in the cancellation of a contract award.
5.1.
NEW VEHICLE PERFORMANCE: All vehicles and related equipment shall be capable of
performing at an effective level in accordance with manufacturer’s specifications.
5.2.
NEW VEHICLE SERVICE: Prior to delivery, the Contractor shall completely service the vehicle in
accordance with the following requirements:



Vehicle shall contain ¼ tank of gasoline/fuel when delivered.
Vehicles shall be clean with all stickers removed prior to delivery, except were required by law.
Floor mats shall be unwrapped and placed appropriately throughout vehicle
5.3.
NEW VEHICLE CONDITION: Vehicles not properly prepared in accordance with Section 5.2 “New
Vehicle Service” may be returned to the Contractor at the Contractor’s expense.
5.4.
DELIVERY: The Contractor shall confirm receipt of a purchase order with the accepting agency fleet
manager within 5 days of purchase order receipt. The accepting agency shall approve of the delivery
date with the Contractor prior to physical delivery. The Contractor will not be held responsible for
non-delivery under the following circumstances:



Strikes and lockouts
Acts of God - fire, lightning, storms, epidemics
Riots, insurrections, etc.
RFB #28174-RH
Page 11 of 26
6.
5.5.
NEW VEHICLE ACCEPTANCE: The Contractor will allow the receiving agency five (5) business
days following delivery of the vehicle to review and inspect the vehicle before acceptance occurs. If
the accepting State agency does not notify the Contractor within five (5) business days, the Contractor
may assume that the vehicle is acceptable.
5.6.
SPECIFICATION COMPLIANCE: If within the above stated “New Vehicle Acceptance” timeframe
it is discovered that a vehicle is not compliant with the Required Equipment, as specified in this RFB,
or the stated Optional Equipment as listed or attached to the agency purchase order; it is the
responsibility of the contractor to correct any deficiencies to the satisfaction of the State. All solutions
must be agreed upon in writing from the accepting agency and the DOA at
[email protected] Failure to reach a mutually agreed upon solution within five (5)
business days of notice may result in loss of contract award.
5.7.
DEFECTIVE PRODUCT: If within the above stated “New Vehicle Acceptance” timeframe any
vehicle determined to not be in operational compliance with the published manufacturer specifications
it shall be returned and replaced at the Contractor’s expense. The time frame for replacement shall be
agreed to in writing by DOA at [email protected] Failure to reach a mutually agreed
upon solution within five (5) business days of notice may result in loss of contract award.
5.8.
SUBSTANDARD WORK: Contractor will correct or have corrected any contractor-performed work
that is deemed substandard by the State. Such work shall be at no extra cost. The time frame for
correcting substandard work shall be agreed to in writing by the DOA at
[email protected] Failure to reach a mutually agreed upon solution within five (5)
business days of notice may result in loss of contract award.
5.9.
TIMELY RESPONSE: Contractor shall respond to any comments or questions from Contract Users
within one (1) business day. For all unresolved requests older than two (2) business days, Contractor
shall contact the individual(s) with an estimated time that they will receive their answer along with the
cause for delay. Contractor shall be responsible for follow-through to ensure that all requests for
information are acknowledged and answered.
POST AWARD MANDATORY SUPPORT REQUIREMENTS
All Post Award Support Requirements are mandatory. Submission of a Bid means the Bidder agrees that they
comply with the requirements detailed by the State in this section. Failure to meet a mandatory
requirement may result in the cancelation of a Contract Award.
6.1.
PRODUCTION CUTOFF DATES: Contractor shall notify [email protected] of vehicle
production cutoff dates as soon as they are made available.
6.2.
RECORDKEEPING AND RECORD RETENTION: Contractor shall establish and maintain adequate
records of all expenditures incurred under the contract. All records shall be kept in accordance with
generally accepted accounting procedures. All procedures shall be in accordance with federal, state
and local ordinances.
Duly authorized representatives of the State, the Wisconsin Legislative Audit Bureau and 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 the RFB held by the Contractor. The
Contractor shall retain all documents applicable to the Contract for a period of not less than 3 years
after final payment is made.
RFB #28174-RH
Page 12 of 26
6.3.
QUARTERLY REPORTS: Contractor shall submit a quarterly report of all vehicle sales resulting
from this RFB to [email protected] Reports are due April 15, July 15, August 15 and
January 15 for the previous quarter. Reports shall be in Microsoft Excel and include:
1.
2.
3.
4.
5.
6.
7.
End-user name (Customer, Agency, Institution, Campus or Municipality)
Purchase Order Number and Date of Order
Date of delivery (Estimate)
Vehicle model year, make, model and trim package
Price per unit
Quantity ordered
COST REQUIREMENTS
7.1.
BID PRICE SHEETS: All Bid Price Sheets must be completed in Microsoft Excel. Electronic bid
copies shall be submitted by utilizing a CD or Flash Drive. Any bid price sheets that are hand written
or submitted in an alternate format will result in bid rejection.
Each Bid Price Sheet contains tabs dedicated to specific vehicle categories (Sedans, SUV) that
includes specific vehicle types (Taurus, Impala, Charger) and vehicle configurations (Engine
variations) which correspond to the specifications listed under the Required Equipment Tab. Bidders
shall include all Required Equipment in their bid price as a mandatory requirement of this bid. Bid
awards will be based on the lowest total, responsive, responsible bid for each vehicle type, by
manufacturer. Bidder shall provide pricing for the applicable and Optional Equipment if available.
Bidders shall provide pricing for each vehicle configuration as specified if available. Any vehicle
configurations left blank may be considered non-responsive and result in bid rejection. If no single
Bidder is able to provide a specific vehicle configuration, the State reserves the right to delete that
configuration from the RFB. For each specific gasoline fueled engine bid, bidders are required to
confirm if it is capable of running on E85 fuel by selecting “YES” or “NO.”
7.2.
FREIGHT: In addition to the vehicle bid price, a $.51 per mile per vehicle delivery fee may be applied
to all vehicles that are delivered outside of Dane or Milwaukee County. The mileage will be
determined by using the shortest distance from the dealer to the delivery point using Google map. This
fee shall not be increased and shall not be applied to deliveries made within Milwaukee or Dane
County.
7.3.
PRICE DECREASE: In the event the Contractor’s cost to provide vehicles covered by this RFB
decrease, it is the Contractor’s responsibility to inform the State, in writing, of the price decrease
allowing the State to accurately adjust the contract price of that specific vehicle.
7.4.
PRICE INCREASE: In the event the Contractor's cost to provide specific vehicles covered by this
RFB increase due to manufacturer's mandated changes, the contract price(s) may, upon submission of
written proof of such increase to Rick House at the DOA [email protected] be eligible for
an increase. The increase shall be submitted no later than 30 days before the effective date and
precisely match the increase in cost to the contractor. The burden of proof for all price increase
requests fall solely on the Contractor. The claim for such adjustment shall include a certification from
the manufacturer verifying the cost at the time of the award and at the time of the requested increase.
The Increase will be only for the cost to the Contractor. No increase or change in the Contractor's
overhead, profit or other factors will be approved. It is the responsibility of the Contractor to prove no
other increase has taken place. The State reserves the right to ask for invoices, published price lists, or
any other evidence showing support for the proposed increase.
7.5.
MANUFACTURER’S REBATE (INCENTIVES): In any circumstance during or prior to completion
of the contract established by this RFB, whereupon the State becomes eligible to receive a rebate for
any vehicle purchased under this contract, it shall be the Contractors responsibility to inform the State,
in writing, of its qualification for such rebate and to advise the procedures of obtaining such rebates.
RFB #28174-RH
Page 13 of 26
7.6.
8.
ESTIMATED NUMBER OF VEHICLES: The State does not guarantee the number of orders it will
place. Any bids that require a specific quantity or dollar amount will be disqualified. This RFB does
not constitute a contractual commitment and purchase orders will be executed by the State agencies
and municipalities.
ORDER OF PRECEDENCE
In the event of Contract award, the contents of this RFB (including all attachments), addenda and revisions,
the Bid from the successful Bidder(s), and additional terms agreed to, in writing, by the Department of
Administration and Contractor shall become part of the Contract. Failure of the successful Bidder(s) to accept
these as a Contractual agreement may result in cancellation of Contract award.
If there is a conflict or inconsistency between provisions of the resulting Contract, RFB 28174-RH (including
subsequent amendments) and pricing offers, the conflict or inconsistency will be resolved by giving
precedence in the following descending order:
1.
2.
3.
4.
9.
Applicable State of Wisconsin statutes and regulations
Issuing Agency Purchase Order
The terms of Bidder’s Bid as accepted by the State
The terms of RFB 28174-RH
ADDITIONAL TERMS AND CONDITIONS
The State of Wisconsin intends to incorporate the following terms and conditions and the terms of Standard
Terms and Conditions (DOA-3054), into any negotiations as a result of this RFB. Failure of the successful
Contractor(s) to accept these terms may result in cancellation of the award.
9.1.
STATE EMPLOYEES: The Contractor may not contract with or employ a State official or employee
or an individual retained as a full-time contractor by the State during the term of this Contract.
9.2.
CONFLICT OF INTEREST: The Contractor shall comply with all provisions of Chapters 180 and 181
of the Wisconsin Statutes regarding conflicts of interests by directors if the Contractor is a private
and/or nonprofit corporation.
9.3.
PRIME CONTRACTOR: The prime Contractor will be responsible for contract performance when
subcontractors are used. However, when subcontractors are used, they shall abide by all terms and
conditions of the contract. If subcontractors are to be used, the proposer shall clearly explain their
participation.
9.4.
INDEPENDENT CONTRACTOR: The Contractor shall act as an independent contractor in
performing all Services under this Contract and, except as otherwise outlined herein, shall maintain
complete control over its employees and subcontractors, if any.
9.5.
SUBCONTRACTING: Subject to approval of the State’s Contract Administrator, Bidders may
subcontract any work to be performed under the Contract. Bidder will be responsible for all work done
by a subcontractor. Subcontractors shall be eligible to do work in the State of Wisconsin (e.g., not on
the Contract Compliance or Wisconsin’s Department of Revenue ineligible lists). The type of
information that DOA may request to substantiate the proposed subcontractor’s qualifications include,
but are not limited to:




The amount of experience completing work similar to that required
References as to the quality of work the proposed subcontractor has provided on past projects
The extent of available staffing and financial resources of the proposed subcontractor
The Contractor’s intended method of monitoring the proposed subcontractor’s work
RFB #28174-RH
Page 14 of 26

9.6.
The level of supervision of the subcontractor’s work which the Contractor will provide Any
other information regarding the subcontractor’s ability to complete the work
MINORITY BUSINESS ENTERPRISES: The State of Wisconsin is committed to the promotion of
minority business in the state’s purchasing program and a goal of placing 5% of its total purchasing
dollars with certified minority businesses. Authority for this program is found in Wisconsin Statutes
15.107(2), 16.75(4), and 16.75(5) and 560.036(2). The Department of Administration is committed to
the promotion of minority business in the department’s purchasing program.
The State of Wisconsin’s policy provides that minority owned business enterprises certified by the
Wisconsin Department of Administration should have the maximum opportunity to participate in the
performance of its Contracts. The awarded Contractor is strongly urged to use due diligence to further
this policy by awarding subcontracts to minority owned business enterprises, or by using such
enterprises to provide goods and services incidental to this requested service or Contract, with a goal
of awarding at least 5% of the award amount of this request for bid/proposal to such enterprises.
Upon request, the awarded Contractor shall furnish a subcontracting plan of action indicating
appropriate information about its effort to achieve this goal, including identities of such enterprises
certified by the Wisconsin Department of Administration and their subcontract amount. The
Department of Administration shall require from the successful Contractor a quarterly report of
amounts spent with certified minority business enterprises. A listing of certified minority businesses,
as well as the services and commodities they provide, is available from the Department of
Administration (608) 267-9550. The list is published on the Internet at:
http://wisdp.wi.gov/search.aspx
10. TAX EXEMPTIONS AND CERTIFICATION OF COLLECTION OF SALES AND USE TAX
The State of Wisconsin shall not enter into a contract with a Bidder and reserves the right to cancel any
existing contract, if the Bidder or Contractor has not met or complied with the requirements of s.77.66 Wis.
Stats., and related statutes regarding certification for collection of sales and use tax
11. AFFIRMATIVE ACTION
As a State agency, the Department of Administration requires Contractors issued a Contract exceeding
$50,000 to provide an Affirmative Action Plan. Failure to comply appropriately with these requirements can
lead to Bidder’s company being banned from doing business with any agency of the State of Wisconsin.
Failure to comply can result in termination of the Contract, or withholding of payment. Provide the requested
information on the Vendor Information Form (DOA-3477)
12. ATTACHMENTS
If you represent a manufacturer not identified in this Request for Bid and are interested in participating, email
the RFB Manager at [email protected] no later than September 17, 2014 to obtain a Bid Price
Sheet that is applicable to the specific manufacturer you are an authorized dealer for. Requests made after this
date will not be honored. The following Bid Price Sheets are attached.
Chevrolet
GMC
Ford
Chrysler, Jeep, Ram and Dodge
Freightliner
Isuzu
RFB #28174-RH
Page 15 of 26
13. REQUIRED FORMS (Attached)
The following forms shall be completed and/or submitted with the bid. Blank forms are attached.
Request for Bid form (DOA-3070) – cover sheet, first page of this RFB
Bid Response Sheet (Attachment A)
Bidder Information Form (DOA-3477)
Bidder Reference Form (DOA-3478)
Designation of Confidential and Proprietary Information Form (DOA-3027)
Vendor Agreement – WI Cooperative Purchasing Service Form (DOA-3333)
RFB #28174-RH
Page 16 of 26
Bid Response Sheet - Attachment A
RFB #28174-RH
Failure to answer “YES” to all questions may result in bid disqualification
1. Have you supplied and completed all the Required Forms, per Section 2.3 Format of Bid (Tab I)?
Yes/No
___/____
2. Do you agree to comply with all Mandatory Technical Requirements
listed in Section 4?
___/____
3. Do you agree to comply with all Post Award Mandatory Performance
Requirements listed in Section 5?
___/____
4. Do you agree to comply with all Post Award Mandatory Support
Requirements listed in Section 6?
___/____
5. Do you agree to comply with all Cost Information Requirements
listed in Section 7?
___/____
6. Do you verify that the information you have supplied in the applicable
Bid Price Sheet is accurate and complete?
___/____
7. Do you verify that each specified group of Required Equipment for each specific ___/____
vehicle model is included in the applicable Bid Item Number Bid Price?
____________________________________________________________________________________
Dealer Name (Print or Type)
____________________________________________________________________________________
Name of Authorized Dealer Representative (Print or Type)
____________________________________________________________________________________
Name of Authorized Dealer Representative Signature
_______________________________________________________________
Email Address
____________________________________
Date
RFB #28174-RH
Page 17 of 26
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DIVISION OF ENTERPRISE OPERATIONS
BUREAU OF PROCUREMENT
S. 16.765, WIS. STATS.
DOA-3477 (R01/08)
28174-RH
Bid / Proposal #
Commodity / Service
Bidder Information
1.
BIDDING / PROPOSING COMPANY NAME
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
2.
State
Zip + 4
Name the person to contact for questions concerning this bid / proposal.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
3.
State
Zip + 4
Any vendor awarded over $25,000 on this Contract shall submit affirmative action information to the
department. Please name the Personnel / Human Resource and Development or other person responsible
for affirmative action in the company to contact about this plan.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
4.
State
Zip + 4
Mailing address to which state purchase orders are mailed and person the department may contact
concerning orders and billings.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
5.
State
Zip + 4
CEO / President Name
This document can be made available in accessible formats to qualified individuals with disabilities.
RFB #28174-RH
Page 18 of 26
STATE OF WISCONSIN
Bid / Proposal #
28174-RH
DOA-3478 (R12/96)
BIDDER REFERENCE
FOR VENDOR:
Provide company name, address, contact person, telephone number, and appropriate information on the
product(s) and/or service(s) used for four (4) or more installations with requirements similar to those included in
this solicitation document. If vendor is proposing any arrangement involving a third party, the named references
should also be involved in a similar arrangement.
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
This document can be made available in accessible formats to qualified individuals with disabilities.
RFB #28174-RH
Page 19 of 26
DOA-3027 N (R01/98)
DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION
The attached material submitted in response to Bid/Proposal #28174-RH includes proprietary and confidential information
which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept
confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this
bid/proposal response be treated as confidential material and not be released without our written approval.
Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential.
Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1) (c), Wis.
Stats. as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method,
technique or process to which all of the following apply:
1. The information derives independent economic value, actual or potential, from not being generally known to, and
not being readily ascertainable by proper means by, other persons who can obtain economic value from its
disclosure or use.
2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.
We request that the following pages not be released
Section
Page #
Topic
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE
UNDERSIGNED HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSARY ASSISTANCE TO DEFEND
THE DESIGNATION OF CONFIDENTIALITY AND AGREES TO HOLD THE STATE HARMLESS FOR ANY COSTS OR
DAMAGES ARISING OUT OF THE STATE'S AGREEING TO WITHHOLD THE MATERIALS.
Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response
will be open to examination and copying. The state considers other markings of confidential in the bid/proposal document to be
insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of any materials unless they
are specifically identified above.
Company Name
___________________________________________
Authorized Representative
___________________________________________
Signature
Authorized Representative
___________________________________________
Type or Print
Date
___________________________________________
This document can be made available in accessible formats to qualified individuals with disabilities.
RFB #28174-RH
Page 20 of 26
Division of State Agency Services
State Bureau of Procurement
State of Wisconsin
Department of Administration
DOA-3333 (R03/2004)
Vendor Agreement
Wisconsin’s Cooperative Purchasing Service
Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts.
Participating in the service gives vendors opportunities for additional sales without additional bidding. Municipalities use the
service to expedite purchases. A "municipality" is defined as any county, city, village, town, school district, board of school
directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the
authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may
participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis. Stats.
Interested municipalities:
 will contact the contractor directly to place orders referencing the state agency contract number; and
 are responsible for receipt, acceptance, inspection of commodities directly from the contractor, and making payment directly
to the contractor.
The State of Wisconsin is not a party to these purchases or any dispute arising from these purchases and is not liable for
delivery or payment of any of these purchases.
The State of Wisconsin will determine the contractor’s participation by checking a box below.
MANDATORY: Bidders/Proposers must agree to furnish the commodities or services of this bid/proposal to Wisconsin
municipalities. Vendors should note any special conditions below.
OPTIONAL: Bidders/Proposers may or may not agree to furnish the commodities or services of this bid/proposal to
Wisconsin municipalities. A vendor’s decision on participating in this service has no effect on awarding this contract.
A vendor in the service may specify minimum order sizes by volume or dollar amount, additional charges beyond normal
delivery areas, or other minimal changes for municipalities.
Vendor: please check one of the following boxes in response.
I Agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities with any special
conditions noted below.
I Do Not Agree to furnish the commodities or services to Wisconsin municipalities.
Special Conditions (if applicable):
Signature
Date (mm/dd/ccyy)
Name (Type or Print)
Title
Company
Telephone
(
Address (Street)
Commodity/Service
City
State
)
ZIP + 4
Request for Bid/Proposal Number
#28174-RH
This form can be made available in accessible formats upon request to qualified individuals with disabilities
RFB #28174-RH
Page 21 of 26
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
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.
3.0
QUALITY: Unless otherwise indicated in the request, all
material shall be first quality. Items which are used,
demonstrators, obsolete, seconds, or which have been
discontinued are unacceptable without prior written approval
by the State of Wisconsin.
4.0
QUANTITIES: The quantities shown on this request are
based on estimated needs. The state reserves the right to
increase or decrease quantities to meet actual needs.
5.0
DELIVERY: Deliveries shall be F.O.B. destination freight
prepaid and included unless otherwise specified.
6.0
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.
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).
RFB #28174-RH
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.
Page 22 of 26
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 fifty thousand dollars
($50,000) 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 fifty (50) employees. Within
fifteen (15) working days after the contract is
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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.
Page 23 of 26
24.0
CANCELLATION: The State of Wisconsin reserves the
right to cancel any contract in whole or in part without
penalty due to nonappropriation of funds or for failure of the
contractor to comply with terms, conditions, and specifications of this contract.
25.0
VENDOR TAX DELINQUENCY: Vendors who have a
delinquent Wisconsin tax liability may have their payments
offset by the State of Wisconsin.
26.0
PUBLIC RECORDS ACCESS: It is the intention of the
state to maintain an open and public process in the solicitation, submission, review, and approval of procurement
activities.
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 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.
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
University of Wisconsin faculty/staff are subject to separate
disclosure requirements, s. 16.417, Wis. Stats.
29.0
RECYCLED MATERIALS: The State of Wisconsin is
required to purchase products incorporating recycled materials whenever technically and economically feasible.
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