BIDS MUST BE SEALED AND ADDRESSED TO:

BIDS MUST BE SEALED AND ADDRESSED TO:
State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 (R08/2003)
BIDS MUST BE SEALED AND ADDRESSED TO:
GENCY ADDRESS:
UW-Eau Claire
Purchasing Department
105 Garfield Ave., Schofield Rm 102
Eau Claire, WI 54702-4004
715-836-5171 Fax 715-836-4653
REQUEST FOR BID
KM-1517
THIS IS NOT AN ORDER
DDER (Name and Address)
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 # KM-1517. Late bids will be rejected. Bids MUST be date and time stamped
by the soliciting purchasing office on or before the date and time that the bid is due.
Bids dated and time stamped in another office will be rejected. Receipt of a bid by the
mail system does not constitute receipt of a bid by the purchasing office. Any bid which
is inadvertently opened as a result of not being properly and clearly marked is subject
to rejection. Bids must be submitted separately, i.e., not included with sample packages
or other bids. Bid openings are public unless otherwise specified. Records will be
available for public inspection after issuance of the notice of intent to award or the award
of the contract. Bidder should contact person named below for an appointment to view the
bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening,
unless otherwise noted. The attached terms and conditions apply to any subsequent award.
Bids MUST be in this office no later than
July 24, 2015, 2:30 PM
Name (Contact for further information)
Karen McIntyre
Phone
Date
715-836-5171
July 7, 2015
Quote Price and Delivery FOB
Destination
Fax bids are accepted
Item
No.
Quantity
and Unit
X Fax bids are not accepted
Price
Per Unit
Total
Description
Furnish Piano Tuning and Repair Service to the
University of WI-Eau Claire in accordance with
the attached conditions of bid, specifications, and
bid submittal form.
Return Request for Bid form along with bidders
information and submittal form.
yment 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.
. 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
ered 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
in the United States.
Yes
No
Unknown
gning 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
petition; 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
r 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
urate under penalty of perjury.
will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.
me of Authorized Company Representative (Type or Print)
Title
nature of Above
Date
Phone
Fax
Federal Employer Identification No.
(
(
)
)
Social Security No. if Sole
Proprietor (Voluntary)
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
SPECIFICATIONS
PIANO TUNING AND REPAIR SERVICE
SCOPE:
The University of WI-Eau Claire would like to contract for piano tuning and repair services. It is
the intent of the University to commence the resulting contract on or about August 1, 2015.
The current piano inventory for the University is approximately 70 pianos (including 4 concert
hall pianos) and 2 harpsichords.
The contract resulting from this bid will be administered by Dr. Alan Rieck, Department of
Music and Theatre Arts. All questions concerning this bid must be submitted in writing to
either email [email protected] or fax at 715-836-4356 by July 16, 2015.
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 or condition of bid, Purchasing reserves
the right to delete that specification or condition of bid after consultation with piano faculty.
Retain a copy of your bid response for your files. Should you receive an award, these Special
Conditions of Bid become your contract terms and conditions.
1.0 SPECIAL TERMS AND CONDITIONS
1.1 PERFORMANCE BOND OR IRREVOCABLE LETTER OF CREDIT
The successful bidder (hereafter referred to as "contractor") may be
required to furnish a performance bond in the amount of $15,000.00.
Such bond must be furnished upon notification by the University of
Wisconsin System Purchasing Office, hereafter referred to as "System
Purchasing", 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 Wisconsin.
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 of
Wisconsin System Purchasing, 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.
1.2 INSPECTION OF PREMISES
Bidders are invited to inspect the project site completely prior to submitting bid in order to
determine all requirements associated with the contract. Failure to inspect adequately shall not
relieve the contractor from the necessity of furnishing and installing, without additional cost to
the University, any materials and equipment or performing any labor that may be required to
carry out the intent of the contract.
1.3 BASIS OF BID AWARD
The award shall be made based on the lowest charges from a qualified bidder which is in the best
interest of the University. The qualification criteria from 4.2 and 4.3 must also be taken into
consideration in the award. From the total information required, determination shall be made by
the University of the bidder’s demonstrated financial, managerial and operational ability and
resources to serve the University. Only bids from financially responsible organizations or
individuals, as determined by the University, presently engaged in the business of Piano Tuning
and Repair Service which have the capability to perform as specified and provide professional
services shall be considered. Representatives from the University reserve the right to inspect the
bidder’s facilities and other operations under the contractor’s management prior to award of this
bid.
1.4 CONTRACT CANCELLATION
The institution may discontinue the contract, in whole or in part, without penalty at any time due
to non-appropriation of funds. The institution may cancel the contract for breach of any terms or
conditions of this contract or failure to perform as specified in this contract and the successful
proposer’s response.
The university shall provide ten (10) calendar days written notice of contract breach and unless
within ten (10) calendar days such neglect has ceased and arrangements made to correct, the
university may cancel the contract by giving sixty (60) days notice in writing by registered or
certified mail of its intention to cancel the contract.
Should the university breach any terms or provisions of the contract, the contractor may serve
written notice on the university setting forth the allege breach and demanding compliance with
the contract. Unless within ten (10) calendar days after receiving such notice, that allegation
shall be contested or such breach shall cease and arrangements be made for corrections, the
contractor may cancel the contract by giving sixty (60) days notice, in writing, by registered or
certified mail of its intention to cancel the contract.
1.5 PARTIES TO THE CONTRACT
The contract shall be between the State of Wisconsin, Board of Regents of the University of
Wisconsin-Eau Claire, known herein as the “institution” or “university” and the successful
bidder known herein as the “contractor” for the provision of piano tuning and repair services
according to the terms set forth. Karen McIntyre shall be the representative of the University
responsible for the administration of the contract and referred to herein as “the appropriate
campus authority”.
1.6 CONTRACT LENGTH
The contract shall be effective on the date indicated in the letter of award and shall run for one
(1) year from that date, with an option of the institution, and by mutual agreement of the
institution and contractor, to renew for up one (1) additional one-year period, subject to the
availability of institutional funding. The contract may run for a period of two (2) years. The
contract shall be automatically extended into the second year unless UW-Eau Claire Purchasing
Office is notified to the contrary ninety (90) days prior to expiration of the contract period in
effect.
1.7 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 institution 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, and 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.
1.8 INSURANCE
Insurance
1.08.1
Type of Insurance
Minimum Liability
Worker’s Compensation
(Inc. Employer’s Liability)
Comprehensive General
Single Limit Liability
Statutory
$1,000,000
$1,000,000
Or
Bodily Injury Liability
$1,000,000 ea. person
$1,000,000 ea.
occurrence
Property Damage Liability
$1,000,000 ea. occurrence
Comprehensive Automobile
(Inc. Owned and non-owned)
Single Limit Liability
$1,000,000
Or
Bodily Injury Liability
$1,000,000 ea. person
$1,000,000 ea.
occurrence
Property Damage Liability
$1,000,000 ea. Occurrence
1.08.2 Comprehensive General Liability includes, but is not limited to:
consumption or use of products, existence of equipment or
machines on location and contractual obligations to customers.
1.08.3 Comprehensive General Liability insurance certificate shall contain
a statement from the insurer that for this contract they waive the
care, custody or control exclusion unless broad form property
damage coverage is provided.
1.08.4 These policies shall contain a covenant requiring thirty (30) days
written notice to the UW-Eau Claire Risk Management office,
before cancellation, reduction or other modification 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.
1.08.5 In the event that the contractor fails to maintain and keep in force
the insurance and Worker’s Compensation as herein provided, the
institution shall have the right to cancel and terminate the contract
without notice. The contract shall advise each insuring agency to
automatically renew all policies and coverage in force at the start of
and resulting from this contract until specified coverage
requirements are revised.
1.08.6 The contractor shall save, keep harmless and defend the Board of
Regents, University of Wisconsin System, and UW-Eau Claire
against any and all liability claims, costs of whatever kind and
nature to or death of any person or persons and for loss or damage
to any property (university or 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 the negligent acts or
omissions of contractor, employee, agent, or representative of
contractor.
1.08.7The contractor shall bear the full complete responsibility for all risk
of damage or loss of equipment, products or money resulting from
any cause whatsoever and shall not penalize the institution for any
losses incurred related to this contract.
1.08.8 Insurance certificates furnished by companies licensed to do
business in the State of Wisconsin indicating the required minimum
shall be furnished to the UW-Eau Claire purchasing office on
notification of award and prior to issuance of the contract.
1.09
AFFIRMITIVE ACTION
As a State agency, the University requires contractors issued a purchase order 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.
For additional information see section 19.0 of the Standard Terms and Conditions. Some
exceptions may apply and instructions for completing a plan are available upon request.
1.10
CLARIFICATION AND/OR REVISIONS TO THE SPECIFICATIONS
AND REQUIREMENTS
Recognizing that the successful performance of this contract is dependent
on favorable response from the users, the contractor shall meet regularly
with Dr. Alan Rieck and/or authorized Piano faculty to effect
adjustments in operations, and shall cooperate at all times to maintain
maximum efficiency and good public relations with students, faculty and
staff.
After the initial contract year, the parties upon mutual agreement may
adjust the specific terms, of this contract where circumstances beyond the
control of either party require adjustments. The terms, shall not be
renegotiated to the disadvantage of the University. All adjustments shall
be proposed in writing to the University. All required contract
amendment(s) shall be issued by UW-EC Purchasing.
The contractor shall be financially responsible for obtaining all required
permits, licenses, and bonding to comply with pertinent Board of
Regents, University of Wisconsin System regulations, and municipal,
county, state and federal laws, and shall assume liability for all applicable
taxes including but not restricted to sales and property.
The contractor shall furnish all supplies, equipment and all management
and labor necessary for the efficient, and economically sound operation of
the specified services included in this contract, subsequent extensions and
amendments.
The University permits the contractor to use such spaces as necessary to
carry out the terms of this contract; such spaces, as defined by the
University, as areas for Piano Tuning & Repair equipment and limited
supplies. Subsequent modifications of space needs shall be subject to
mutual agreement of the University and contractor. University shall
provide heat, air conditioning, sewer, electricity, steam and cold and hot
water. The contractor agrees to exercise care to keep these energy services
to a minimum, and comply with established energy conservation practices,
regulations and policies and mutually endeavor to conserve the use of
energies.
The University shall have the right of inspection of all Piano Tuning &
Repair Service areas, and the operation of the contractor with respect to the
quality and quantity of Piano Tuning & Repair service.
1.11
MINORITY BUSINESS STIPULATION
The University of Wisconsin-Eau Claire is committed to the promotion of minority business in
the State’s 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 560.036(2).
The State of Wisconsin policy provides that minority owned business enterprises certified by the
Wisconsin Department of Commerce; Bureau of Minority Development should have the maximum
opportunity to participate in the performance of its contracts. 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 services incidental to this agreement, with a goal of
awarding at least 5% of the contract price to such enterprises.
The supplier/contractor shall furnish appropriate quarterly information about its effort to achieve
this goal, including the identities of such enterprises certified by the Wisconsin Department of
Commerce and their contract amount.
A listing of certified minority businesses, as well as the services and commodities they provide, is
available from Department of Commerce, Office of Minority Business Development, 608-2678379. Questions regarding certification of minority businesses should be directed to, Director,
DOA Minority Business Program at 608-267-7806.
1.12
BACKGROUND CHECKS
The contractor warrants they are supplying employees who have passed a background check. The
contractor warrants they are screening employees for: Social Security Trace, County Level
Criminal Search (in all counties as found by the Trace), and National Sex Offender Search in a
background check. Contractor agrees to defend, indemnify and hold harmless the University, its
officers, directors and employees for any claims, suits or proceedings alleging a breach of the
warranty.
1.13 CHILD ABUSE & NEGLECT
On December 19, 2011, Governor Scott Walker signed Executive Order #54 that states “all
University of Wisconsin System (UWS) professors, administrators, coaches, and other UWS
employees shall report child abuse or neglect immediately if the employee, in the course of
employment, observes an incident or threat of child abuse or neglect, or learns of an incident or
threat of child abuse or neglect, and the employee has reasonable cause to believe that child abuse
or neglect has occurred or will occur.” A child “means a person who is less than 18 years old.”
In entering into a contract with the University of Wisconsin-Eau Claire to provide services, you
become a mandated reporter per Executive Order #54. If, in the course of your company’s
contractual service, the contractor (or its agent or employee) observes an incident or threat of
child abuse or neglect, or learns of an incident of child abuse or neglect, you are required to report
it. Report your concerns of child abuse or neglect to either the UW-Eau Claire Police Department
at 715-836-2222, the Eau Claire City/County Police Department at 715-839-4972, or Eau Claire
Human Services at 715-839-2300.
2.0 SERVICE SPECIFICATIONS
List of piano inventory is to be used as a reference only of pianos that may be serviced for the
Music and Theatre Arts Department of the University. Tuning and repair on pianos may be
required several times per year. This list may change during the length of the contract.
The contractor will abide by the Piano Maintenance and Service Policy which is attached to this
bid.
3.0 ACCOUNTING AND PAYMENTS
3.1
Accounting
3.1.1 The contractor shall maintain complete and accurate records of Piano Tuning & Repair
service transactions for each department in accordance with accepted industry accounting
practices, and shall keep in a safe place all such financial records and statements pertaining to the
maintenance service operations at the University for a period of three years from the close of
each year's operation.
3.1.2 The contractor's accounting control and records of reported Piano Tuning & Repair service
shall be used as the basis to computer charges payable to the contractor. Forms verifying service
performed shall be signed by authorized University departmental personnel.
3.1.3 All records pertaining to the operations of this Piano Tuning & Repair service shall be
open for inspection and/or audit by the State and/or University of Wisconsin at any or all
reasonable times.
3.1.4 The charges and costs related to this contract as stated per the bid submittal do not include
State sales tax. The University shall pay the present amount of sales tax required, if any, as well
as future taxes or other governmental charges hereafter imposed with respect to the transfer, use,
ownership or possession of the equipment to which this contract relates.
3.1.5 On request of the University, the contractor shall meet with the University and review each
invoice, explain charges, discuss problems and mutually agree on courses of action which may
be required to provide improved control and/or services.
3.2
Payments
3.2.1 Invoiced charges shall be at the rate quoted to include; 1) on -site labor, and 2) all
materials and equipment necessary to comply with the specification requirements.
3.2.2 Invoices shall be submitted to the University in duplicate, itemizing the individual piano
by serial number, manufacturer, model and the amount due for each piano. Electronic invoices
would be the preferred method of billing charges.
4.0 BIDDERS INFORMATION
4.1
It is the purpose of this invitation to bid to obtain complete data from each bidder to enable the
University to determine which bidder is best qualified to serve all of the criteria which are to be
considered in the award of this contract. To this end, each bidder shall furnish as a part of this
bid a complete general description of capabilities in the field of Piano
Tuning & Repair service.
4.2
From the total information required, determination shall be made of the bidder's demonstrated
financial, managerial and operational ability and resources to serve the University. Only bids
from financially responsible organizations or individuals, as determined by the University,
presently engaged in the piano tuning and repair service which have the capability to perform as
specified and provide good services shall be considered. Representatives from the University
reserve the right to inspect the bidder's facilities and other operations under the contractor's
management prior to award of this bid.
The qualification criteria the bidders must meet to be considered for award are:
4.2.1 Reference checks from clients (including institutions, performing arts centers and
professional musicians) currently under contract with your company must indicate high quality
of service has been performed consistently.
4.2.2 Financial capability of the contractor must be sufficient to support
specified service; provide initial inventories, equipment and labor and cash
flow to guarantee performance.
4.2.3 The contractor's response must clearly demonstrate the capacity to
handle the requirements of this contract in addition to current workload. The contractor must be
prepared and will be required to render services during non-operational hours (i.e. between
10PM and 6 AM and on weekends.) when needed.
4.2.4 The contractor shall have adequate equipment
to do the work properly and expeditiously.
4.2.5 Registered Piano Technician status by the Piano Technicians Guild, maintenance of
professional credentials, completion of factory-authorized technical training and evidence of
continuing education in concert-level service are considered assets.
4.2.6 The contractor selected must have extensive proven experience as a
concert tuner for artist pianists. Please provide detail.
4.2.7 The contractor selected must have experience in tuning harpsichords
and be able to tune in unequal temperaments upon request. Please provide detail.
4.2.8 The contractor must have a minimum of ten years experience with the responsibility of
tuning, voicing and repair at an institution with a minimum of seventy-five (75) pianos. Please
provide detail.
4.2.9 The contractor must have a minimum of ten years experience with the responsibility of
tuning, voicing, regulating, and repair of pianos at institutions, recording sessions, or performing
arts centers. Please provide details.
4.3
Bidders shall provide a written response to all requested Bidder's
Information in Sections 4.2 and 4.3. Each response shall be numbered to
coincide with the Bidder's Information numbering and presented simply
and economically, providing a straightforward, concise description of that
which is required. Emphasis should be on completeness and clarity of
content. Omission, inaccuracy or misstatement may be sufficient cause
for rejection of bid.
4.3.1 Name and address of operating company.
4.3.2 The duration and extent of experience in the operation of service.
Explain in detail.
4.3.3The University may request supplementary information as is
sufficient, in the opinion of the University, to assure the University that the bidder's competence,
business organization and financial resources are adequate to successfully perform the specified
service.
4.4 The State of Wisconsin has implemented a registration service on an
internet system called “VendorNet” to enable vendors to receive notice of
all official sealed bids/proposals (over $25,000.00) as solicited by all state
agencies. To obtain information on the state’s bidder registration, please
visit the VendorNet Web site at http://vendornet.state.wi.us or call the
VendorNet Information Center 1-800-482-7813. In the Madison area,
please call 264-7898
5.0 WISCONSIN SALES AND USE TAX REGISTRATION
The State of Wisconsin shall not enter into a contract with a vendor, and
reserves the right to cancel any existing contract, if the vendor or contractor
has not met or complied with the requirements of s. 77.66, Wis. Stats., and
related statutes regarding certification for collection of sales and use tax.
6.0 BID SUBMITTAL FORM FOR PIANO TUNING & REPAIR SERVICE
Subject: Piano Tuning & Repair Service for University of WI-Eau Claire
We, the undersigned, in compliance with the Bid Request Number KM-1517 for Piano Tuning & Repair
Service dated July 7, 2015, hereby bid the following charges/rates to the University of Wisconsin-Eau
Claire. In making this bid we acknowledge that we have read and understood this Bid Request and
hereby submit our bid in accordance with the terms and conditions of the bid specifications and agree to
fulfill our legal obligations pursuant to the attached contractual provision.
Pursuant to the terms of the department Piano Service Policy, a full-service “tuning” is defined as
tuning, and an additional 10 minutes of time with each piano tuned to make minor adjustments to
voicing, regulation, and checking the functionality of all pedals and keys.
$_____________per Hour for Voicing, Regulation, and Repairs
$_____________per Full-service Tuning of Pianos
$_____________per Tuning of Harpsichord
Name:_______________________________
Signature:__________________________
Title:______________________________
Date:______________
Firm:_______________________________
Address:____________________________
City:_______________________________
State:_______Zip:___________________
Telephone:__________________________
Wisconsin Department of Administration
Chs. 16, 19, 51
DOA-3054 (R10/2005)
Page 1 of 3
STANDARD TERMS AND CONDITIONS
(Request For Bids/Proposals)
1.0
SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and
model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or
performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number,
and such other information necessary to establish equivalency. The 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.
2.0
DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall
be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. 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
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
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.
6.2
Prices established in continuing agreements and term contracts may be lowered due to general market conditions,
but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase
proposed shall be submitted to the 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.
6.3
In determination of award, discounts for early payment will only be considered when all other conditions are equal
and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All
payment terms must allow the option of net thirty (30).
7.0
UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act.
8.0
ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, to
waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best
interests of the State of Wisconsin.
Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the
bid/proposal is due. Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by
the mail system does not constitute receipt of a bid/proposal by the purchasing office.
9.0
METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified.
10.0
ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized
agency. No other purchase orders are authorized.
11.0
PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor invoices within
thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as
specified.
Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order
including reference to purchase order number and submittal to the correct address for processing.
A good faith dispute creates an exception to prompt payment.
12.0
TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state and
local taxes on its purchases except Wisconsin excise taxes as described below.
The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its
purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. Howe ver, 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
14.0
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.
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.
15.0
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 any contract with a federally debarred contractor or a contractor which is presently identified on the li st
of parties excluded from federal procurement and non-procurement contracts.
16.0
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.
17.0
ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated
without the prior written consent of the State of Wisconsin.
18.0
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.
19.0
NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the
contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion,
color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation
as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual
orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities.
19.1
Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written
affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor has a
workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is awarded,
the contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan
and technical assistance regarding this clause are available from the contracting state agency.
19.2
The contractor agrees to post in conspicuous places, available for employees and applicants for employment, a
notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's
nondiscrimination law.
19.3
Failure to comply with the conditions of this clause may result in the contractor's becoming declared an "ineligible"
contractor, termination of the contract, or withholding of payment.
20.0
PATENT INFRINGEMENT: The contractor selling to the State of Wisconsin the articles described herein guarantees the
articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of
the articles described herein will not infringe any United States patent. The contractor covenants that it will at its own
expense defend every suit which shall be brought against the State of Wisconsin (provided that such contractor is
promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by
reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any
such suit.
21.0
SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the State of Wisconsin must comply fully
with all safety requirements as set forth by the Wisconsin Administrative Code, the Rules of the Industrial Commission on
Safety, 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.
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.
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 by 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. 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 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.
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)
266-3590.
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.
State of Wisconsin
Department of Administration
Division of Agency Services
Bureau of Procurement
DOA-3681 (01/2001)
ss. 16, 19 and 51, Wis. Stats.
Supplemental Standard Terms and Conditions
for Procurements for Services
1.0
ACCEPTANCE OF BID/PROPOSAL CONTENT: The contents
of the bid/proposal of the successful contractor will become
contractual obligations if procurement action ensues.
2.0
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:
2.1
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;
2.2
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
2.3
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.
2.4
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)
3.2
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.
4.0
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.
5.0
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.
6.0
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.
7.0
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.
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.
3.0
3.1
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.
DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP:
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.
8.0
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.
STATE OF WISCONSIN
DOA-3027 N(R01/98)
DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION
The attached material submitted in response to Bid/Proposal # KM-1517 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.
CompanyName
___________________________________________
Authorized Representative
___________________________________________
Signature
Authorized Representative
___________________________________________
Type or Print
Date
___________________________________________
This document can be made available in accessible formats to qualified individuals with disabilities.
State of Wisconsin
Department of Administration
DOA-3333 (R03/2004)
Division of State Agency Services
State Bureau of Procurement
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.
x 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)
City
State
(
)
ZIP + 4
Commodity/Service
Request for Bid/Proposal Number
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