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

BIDS MUST BE SEALED AND ADDRESSED TO: State of Wisconsin DOA-3070 (R08/2003)
State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 (R08/2003)
BIDS MUST BE SEALED AND ADDRESSED TO:
AGENCY ADDRESS:
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
# AG140548. 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.
Mike Morris / RFB#AG140548
Department of Administration
Consolidated Agency Purchasing Services
101 E. Wilson Street, 6th Floor
Madison, WI 53703
REQUEST FOR BID #AG140548
Bids MUST be in this office no later than
THIS IS NOT AN ORDER
BIDDER (Name and Address)
December 13, 2013 at 2:00 PM
Name (Contact for further information)
Mike Morris ([email protected]
Phone
Date
(608)261-5051
November 27, 2013
Quote Price and Delivery FOB
FOB DESTINATION FREIGHT PREPAID INCLUDED AND
INSTALLED
Item
No.
Quantity
and Unit
Price
Per Unit
Description
Total
Request for Bid
Autoanalyzer Instrument System
for Bureau of Laboratory Services
Payment Terms
Delivery Time
We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be
certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington
Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids.
We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center
Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.
Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in
our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United
States.
Yes
No
Unknown
In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free
competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder,
competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of
perjury.
We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.
Name of Authorized Company Representative (Type or Print)
Title
Signature of Above
Date
Phone
Fax
(
Federal Employer Identification No.
(
)
)
Social Security No. if Sole
Proprietor (Voluntary)
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
Page 1 of 21
INSTRUCTIONS TO BIDDERS
You received this Request for Bid because of the NIGP codes selected during your registration on the State of Wisconsin’s
VendorNet system. If you received this RFB through any other means, please contact the purchasing agent identified in this
RFB. You should also register to become a Bidder at: http://vendornet.state.wi.us. This RFB contains all necessary statutory
language required by law. It is organized to help you determine if this is a business opportunity for your company. The RFB
contains information regarding what the State intends to purchase, how pricing should appear and describes a clear process
you must follow in order to submit a response to the RFB.
1.
Review Section 1.0, “Introduction and Purpose” to gain a general understanding of what the State intends to purchase.
Reviewing this section will help you determine your ability to meet the Purchasing Agency’s needs.
2.
Review Section 2.0 “Bidder Qualifications and Requirements” section. This section will explain what a company needs
in order to provide the commodity or service. This may include a specific license or certification, a history of providing
this commodity or service in a similar environment to the State or for you to be in a prescribed geographical location.
Reviewing this section will help you determine your ability to meet the Purchasing Agency’s needs.
3.
The details of the commodity or service will be found in Section 3.0, “Mandatory Required Specifications of Bid.” Read
this section carefully and determine if your product meets ALL requirements. RFB requirements are mandatory and
therefore, if you can’t meet a requirement, it is likely that your bid will be rejected unless no Bidder can meet an
individual RFB requirement. Reviewing this section will help you determine your ability to meet the Purchasing
Agency’s needs.
4.
Review Section 5.0, “Pricing Structure and Price Sheet.” This section explains how to submit Bid pricing (which is
critical because the bid pricing will determine what Bidder(s) will be allowed to enter into a contract with the State).
5.
The remaining sections of the RFB describe the process you must follow and the way you must present your bid to the
State. It also describes the process the State will use to determine the winning Bidder. If you decide to bid, be sure to
review the “Bid Procedure and Instructions” section and the “Bid Acceptance and Award” section.
6.
If you are still interested in competing for the State’s business, you should provide your best pricing, complete all the
required forms and review Section 9.0 State Contract Form.
7.
Please note, your bid response be complete and accurate. You must follow all instructions exactly as asked. DO NOT
substitute your own materials in lieu of what is being asked in the RFB. DO NOT alter any of the forms or the price
sheet. If you have questions, contact the Procurement Manager identified in the RFB.
8.
Your RFB response must arrive at the proper location before the due date and time. Late bids will be rejected.
Thank you for your interest in providing commodities and/or services to the State. We wish you success with this and future
procurement opportunities.
Page 2 of 21
TABLE OF CONTENTS
1.0 INTRODUCTION AND PURPOSE ......................................................................................................................4
1.1 DEFINITIONS ................................................................................................................................................4
1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID ................................................................................5
1.3 CONTRACT TERM ........................................................................................................................................5
1.4 MODIFICATIONS OF CONTRACT ...............................................................................................................5
1.5 ORDER OF PRECEDENCE ..........................................................................................................................5
1.6 COOPERATIVE PURCHASING SERVICES.................................................................................................5
2.0 BIDDER QUALIFICATIONS & REQUIREMENTS ..............................................................................................5
3.0 MANDATORY REQUIRED SPECIFICATIONS OF BID .....................................................................................6
3.1 TECHNICAL REQUIREMENTS ....................................................................................................................6
3.2 PERFORMANCE AND SUPPORT REQUIREMENTS ..................................................................................7
4.0 SPECIAL TERMS AND CONDITIONS OF BID ..................................................................................................8
4.1 DELIVERY REQUIREMENTS .......................................................................................................................8
4.2 ACCEPTANCE TESTING..............................................................................................................................8
4.3 BACKGROUND CHECKS .............................................................................................................................8
4.4 FRATERNIZATION .......................................................................................................................................8
5.0 PRICING STRUCTURE & PRICE SHEET INSTRUCTIONS ..............................................................................8
5.1 METHOD OF BID ..........................................................................................................................................8
5.2 FOB DESTINATION, FREIGHT PREPAID AND ALLOWED/INSTALLED ....................................................8
5.3 PRICE SHEET INSTRUCTIONS ...................................................................................................................9
6.0 BID PROCEDURE AND INSTRUCTIONS ..........................................................................................................9
6.1 CALENDAR OF EVENTS ..............................................................................................................................9
6.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS ....................................................................9
6.3 REASONABLE ACCOMMODATIONS ........................................................................................................10
6.4 VENDORNET REGISTRATION ..................................................................................................................10
6.5 SUBMITTING A BID ....................................................................................................................................10
6.6 FAXED BIDS ...............................................................................................................................................10
6.7 E-MAILED BIDS ..........................................................................................................................................10
6.8 FORMAT OF BID RESPONSE ....................................................................................................................10
6.9 MULTIPLE BIDS ..........................................................................................................................................11
6.10 INCURRING COSTS ...................................................................................................................................11
7.0 BID ACCEPTANCE AND AWARD ...................................................................................................................11
7.1 BID OPENING .............................................................................................................................................11
7.2 BID REVIEW ................................................................................................................................................11
7.3 BID ACCEPTANCE .....................................................................................................................................11
7.4 METHOD OF AWARD .................................................................................................................................11
7.5 BIDDER REFERENCES/CLIENT LIST .......................................................................................................12
7.6 AWARDEE'S USE OF SUBCONTRACTORS .............................................................................................12
7.7 SUPPLIER DIVERSITY ...............................................................................................................................12
7.7.1 MINORITY-OWNED BUSINESS ENTERPRISE ..................................................................................12
7.7.2 VETERAN-OWNED BUSINESS ...........................................................................................................12
7.7.3 DISABLED VETERAN-OWNED BUSINESS ........................................................................................12
7.7.4 WOMAN-OWNED BUSINESS ENTERPRISE .....................................................................................13
7.8 AWARD NOTIFICATION .............................................................................................................................13
8.0 REQUIRED FORMS ..........................................................................................................................................13
Page 3 of 21
1.0 INTRODUCTION AND PURPOSE
1.1 DEFINITIONS
For the purposes of this Request for Bid and resulting Contract(s), the following definitions of terms shall apply, unless otherwise
indicated.
Agency:
Authority:
Authorized Users:
Bid:
Bidder:
Commodity:
Contract:
Contract Administrator:
Contractor:
Contract Manager:
Minority Business Enterprise
(MBE):
Municipality:
Notice of Award
Purchasing Card (p-card)
Prime Contractor:
Procurement Manager:
Procuring Agency:
RFB:
Contractual Services or
Services:
Specification:
an office, department, agency, institution of higher education, association, society or other
body in state government created or authorized to be created by the constitution or any law,
which is entitled to expend moneys appropriated by law, including the legislature and the
courts, but not including an authority.
a body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 232, 233,
234, 235, 237, or 279.
includes any State Agency, University of Wisconsin campus, or other state or local public
body authorized to use statewide contracts, as established in §§ 16.70 (1b), (1e), (2), (4) and
(8), 16.73 and 66.0301 of the Wisconsin Statutes and § PRO-D-30 of the State Procurement
Manual.
a price quotation specifically given to a prospective purchaser by a prospective seller; a Bid
is an offer to sell.
a person or firm that responds to this Request for Bid.
a tangible article of trade or item of merchandise; goods, products, materials, supplies, or
finished products. A Commodity is not a Service for purposes of this RFB, but a
Commodity may include incidental or related Services.
the written agreement between the successful Bidder and the State covering the
commodities and services to be performed pursuant to this RFB.
the Procuring Agency employee responsible for oversight of the implementation,
administration, and completion of the Contract.
the person or entity that has been awarded the Contract as a result of this Bid, and who is
required to provide equipment, materials, supplies, contractual services, or leasing real
property to, the Procuring Agency.
the employee of an Agency responsible for 1) resolving contractual matters that cannot be
resolved with the Contract Administrator; and 2) facilitating and/or completing all official
actions under the contract including but not limited to amendments, renewals and
termination.
a business that has been certified under s. Comm 105.14, 105.21, or 105.23.
any county, city, village, town, school district, board of school directors, sewer district,
drainage district, vocational, technical and adult education district, or any other public body
having the authority to award public contracts (s. 16.70(8), Wis.Stats.).
a writing issued by the Procuring Agency notifying all Bidders of the Procuring Agency’s
intent to award a Commodity contract to the successful Bidder.
a charge card issued to an authorized state employee through the Department of
Administration, State Bureau of Procurement’s Purchasing Card Contract.
a Bidder who receives an award in response to this RFB
the Procuring Agency’s procurement specialist or other person responsible for overseeing
and administering the procurement process for a Bid.
the state Agency conducting this Request for Bid.
Request for Bid
an intangible product, including actions, recommendations, plans, research,
customizations, modifications, documentation, and maintenance and support, including all
related materials necessary to fulfill that which the successful Bidder is obligated to
accomplish or provide under this RFB, and any limited trades work involving less than
$30,000 to be done for or furnished to the State or any Agency. A Service is not a
Commodity under this RFB.
a descriptive statement of the physical, functional and performance characteristics of the
commodity or service required by the Procuring Agency. A Specification may be a
description of the physical or functional characteristics, or of the nature of a supply. It may
include a description of any requirement for inspecting, testing or preparing a supply item
for delivery, or the necessary performance criteria.
Page 4 of 21
1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID
The Department of Administration (DOA) Consolidated Agency Purchasing Services (CAPS) on behalf of the Department of
Agriculture, Trade and Consumer Affairs (DATCP), Bureau of Laboratory Services, requests bids for the purchase of a new
Autoanalyzer Instrument System for the Analysis of Fertilization Nutrients and Feed Materials, and intends to use the results of
this process to award a Contract. Used equipment or equipment used for demonstrative purposes is not acceptable and will not be
considered. The Bureau does not guarantee it will purchase any specific quantity or dollar amount. Bids that require a minimum
number of commodities or services be ordered will be rejected.
1.3 CONTRACT TERM
The Request for Bid (RFB) documents, the awarded Bidder’s response as accepted by the Bureau of Laboratory Services and any
purchase order related to this RFB shall become the contract between the parties unless a separate contract is executed.
This contract will run for an initial one - year period. The Bureau of Laboratory Services and the Contractor, upon written mutual
agreement, may renew the Contract for up to three (3) one (1) - year periods. The Contract shall be effective on the date it is
executed by the Bureau of Laboratory Services. If no formal contract is executed, the effective date of the Contract is the date of
the purchase order.
1.4 MODIFICATIONS OF CONTRACT
The Contract shall not be used for purchasing commodities or services outside of the general scope and intent of the original RFB.
Any modifications made to the Contract shall fall within the scope of the Bid and be rendered in writing and signed by both parties
or they will be void.
1.5 ORDER OF PRECEDENCE
In the event of contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response
from the successful Bidder as accepted by the Bureau of Laboratory Services, and any additional terms agreed to in writing by the
parties shall be incorporated into the Contract. Failure of the successful Bidder to accept these elements into the Contract will
result in the cancellation of the contract award.
In the event of conflict with the incorporated elements of the Contract, the following order of precedence will prevail:
 Official Purchase Order
 Final Signed Contract with clarifications included
 Bid Response as accepted by the State of Wisconsin
 Request for Bid
1.6 COOPERATIVE PURCHASING SERVICES
Commodities and services may be made available to Municipalities upon agreement of the Contractor. See Vendor AgreementWisconsin’s Cooperative Purchasing Service (DOA-3333), for definitions and other information on Municipalities. Municipalities
shall be able to obtain the commodities and services procured under the Contract at the same rates agreed to by the Bureau of
Laboratory Services and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities
with the Bureau of Laboratory Services and providing appropriate documentation and support and reporting contract usage by
Municipalities (see Vendor Agreement – Wisconsin’s Cooperative Purchasing Service, DOA-3333, attached to this RFB).
2.0 BIDDER QUALIFICATIONS & REQUIREMENTS
All Bidder qualifications in this section are mandatory. Failure to meet a qualification will disqualify your Bid. However, the
Bureau of Laboratory Services reserves the right to waive any qualification if no Bidder is able to satisfy that qualification.
2.1 The Bidder shall be in the business of providing and maintaining Autoanalyzer Instrument Systems and shall have done so for
the past three (3) years.
Page 5 of 21
3.0 MANDATORY REQUIRED SPECIFICATIONS OF BID
All requirements in this section are mandatory. Bidder shall use Appendix A (Response to Bid Requirements) to respond to this
section. Failure to meet any mandatory requirement will result in rejection of the Bid. However, in the event that no Bidder is able
to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that
most closely meets the requirements specified in this RFB.
3.1 TECHNICAL REQUIREMENTS
Bidder must use Appendix A (Response to Bid Requirements) to respond to this section.
3.1.1
Compatibility
3.1.1.1
The system shall be fully compatible with the Bureau of Laboratory Service’s existing Sherwood Model 410
Flame Photometer using methane as a combustion gas for potassium analyses.
3.1.1.2
Bidder shall provide all applicable cables and converters for correct operation of the photometer.
3.1.2
Operation
3.1.2.1
The system shall be fully automated for unattended operation and controlled via manufacturers computerized
operation software.
3.1.3
Auto-Sampler
3.1.3.1
The sampler must be a random-access XYZ sampler.
3.1.3.2
The sampler must be able to hold at least 270 cups of 0.5ml or 2ml, or 11mm ID test tubes.
3.1.3.3
The sampler must be able to access any cup or tube at any time.
3.1.3.4
The sampler must have a separate rack for standards.
3.1.3.5
The sampler must enable calibration and quality control standards to be taken from the same cup or tube as often
as required.
3.1.3.6
The sampler must have stainless steel and PEEK sample probes for all sample types.
3.3.4
Pumping System
3.1.4.1
The pump must be able to switch to high speed for fast start-up and wash-out.
3.1.4.2
Pump speed must be controllable on the pump or controllable from the computer.
3.1.4.3
The pump must have a leak detector that automatically stops the pump motor and sends a signal to the data
system if a leak occurs.
3.1.4.4
The pump shall have the capability of venting leaked fluids out of the pump housing.
3.1.4.5
The pump must have a digital air injection system which gives consistently reproducibly sized and spaced air
bubbles. The bubble size must be software programmable.
3.1.4.6
The pump shall have available optional valves for auto-dilution or reagent switching.
3.1.4.7
The pump must be a separate part that can be exchanged by the user as needed.
3.1.5
Test Chemistry Manifold
3.1.5.1
The manifold must hold a minimum of two analytical chemistry modules.
3.1.5.2
Each module must be able to simultaneously analyze a minimum of 60 samples per hour.
3.1.5.3
Analytical chemistries must provide full baseline resolution between samples.
3.1.5.4
Chemical reactions must be complete such that a maximum concentration is determined.
3.1.5.5
Hydraulic components must be inert, and mixing coils must be mounted on the surface of the method cartridge.
3.1.5.6
The system must utilize 2.0mm glass for the coils on the manifolds.
3.1.5.7
The heating bath temperatures must be able to be monitored by the user during analysis.
3.1.5.8
The heating baths must be able to provide accurate temperatures up to 95 degrees C and must have a
demonstrated accuracy of 0.2 degrees C.
3.1.5.9
Heating baths must contain a user-replaceable heating coil.
3.1.6
Detection System
3.1.6.1
The detection system must be capable of independently analyzing two different chemistries simultaneously.
3.1.6.2
The determination of potassium is via a flame photometer detector provided by DATCP, Sherwood Model 410
Flame Photometer.
3.1.6.3
The determination of phosphorus is via a digital colorimeter provided with the system.
3.1.6.4
The colorimeter must utilize easily changeable interference filters which allow for only the wavelength of
interest to pass to the flow-cell.
3.1.6.5
The colorimeter must have a 420nm interference filter.
3.1.6.6
The colorimeter must be of dual beam design with same wavelength compensation via difference between
sample and reference detectors. The light beam must pass through the single interference filter and be split in the
same optic path.
3.1.6.7
The colorimeter must be capable of eliminating interference from colored samples via a blank correction that
measures two streams in parallel.
3.1.6.8
The colorimeter must have an integrated LED light source capable of providing all wavelengths in the visible
region. The DAC must be capable of a minimum 23 bit resolution.
3.1.6.9
The colorimeter must be configured with a 10mm flow-cell, and a 50mm flow-cell must be provided as well.
3.1.7
Computer System and Software
Page 6 of 21
The system must include all computer hardware necessary to operate the manufacturer’s software. The
computer must include a 17” monitor.
3.1.7.2
The computer operating system must be Windows 7.
3.1.7.3
The manufacturer’s system software for the operation of the instrument system must be specifically written for
Windows 7.
3.1.7.4
The software must allow for the addition and/or deletion of samples at any time during an analytical run.
3.1.7.5
During an analytical run, the software must flag out of range standards or samples.
3.1.7.6
The software must have the ability to import and export files using user defined structure; must be capable of
exporting files to the user Laboratory Information Management Systems (LIMS) with no customization of the
instrument software.
3.1.7.7
Must be able to reenter data, and recalculate results during and after an analytical run.
3.1.7.8
The software must provide for automatic processing of the data.
3.1.7.9
The software must provide for the ability to create custom reports which can be saved and/or printed.
3.1.7.10
The system must not require de-bubbling and the software must be capable of recognizing bubbles and
compensate for the absence of sample in the chemistry stream.
3.1.7.11
The software must have troubleshooting capability and perform system checks in real time. The software must
have the capability to automatically stop pumping fluids in the event a system check detects a leak in the pump
or detector.
3.1.8
All equipment must be new and be a currently manufactured unit (no beta testing equipment).
3.1.9
The equipment shall be a macro segment flow analyzer.
3.1.10 The system must be of dual channel design and will consist of an auto-sampler, pumping system, manifold and test
chemistry modules for the analyses specified; and detection system; including hardware and software.
3.1.11 The detection system must include a digital colorimeter.
3.1.12 The system must be fully automated and computerized systems for simultaneously analyzing Phosphorus (as available
P2O5) in fertilizer and Potassium (as K2O) in fertilizer.
3.1.13 Contractor shall provide a minimum of two manuals covering operation and maintenance. One shall be a hard copy and
the other a digital copy.
3.1.7.1
3.2 PERFORMANCE AND SUPPORT REQUIREMENTS
Bidder must use Appendix A (Response to Bid Requirements) to respond to this section.
3.2.1
Chemistry Method Documentation
3.2.1.1
Chemistry Method documentation specific to the system for both phosphorus and potassium in fertilizer must be
available. Chemistry Method validation documentation data satisfaction to the user must be made available to
DATCP.
3.2.1.2
The Chemistry Method documentation must include preparation for reagents and standards, performance data,
reagent safety data, manifold descriptions with part numbers and a listing of all spare parts and consumables
with part numbers.
3.2.2
Installation
3.2.2.1
Bidder shall provide installation of system at 2601 Agriculture Drive, Suite 150, Madison WI 53718. Installation
shall be completed by factory trained and authorized engineers or service technicians
3.2.2.2
Upon installation, factory trained and authorized engineers or service technicians shall perform up to four (4)
hours of system familiarization.
3.2.3
Training
3.2.3.1
Bidder shall provide training at 2601 Agriculture Drive, Suite 150, Madison WI 53718, for up to five (5)
employees of Bureau of Laboratory Services.
3.2.3.2
Bidder shall execute training within thirty (30) days of installation.
3.2.3.3
Training shall be two (2) eight (8) hour training sessions.
3.2.3.4
Bidder is responsible for providing all training materials and documents.
3.2.3.5
Bidder is responsible for coordinating all travel requirements and associated costs.
3.2.4
Telephone Support
3.2.4.1
Bidder shall ensure telephone support is available Monday through Friday between the hours of 7:30 AM and
4:30 PM CST.
3.2.4.2
Bidder shall ensure Bureau of Laboratory Services receives resolution to telephone support within four (4) hours
when the call is initiated prior to 12:30 PM CST. When calls for support are initiated after 12:30 PM CST,
Bidder shall ensure resolution occurs prior to 10:00 AM CST next business day.
3.2.5
Warranty
3.2.5.1
The system shall have a minimum of one year warranty of parts and labor.
3.2.5.2
Bidder shall be responsible for providing factory trained and authorized engineers or factory trained service
technicians to perform any warranty or non-warranty work.
3.2.5.3
Bidder shall ensure factory trained and authorized engineers or factory trained service technicians are available
within seventy-two (72) hours after Bureau of Laboratory Services requests service.
3.2.5.4
Bidder shall ensure parts are available within three (3) business days.
Page 7 of 21
4.0 SPECIAL TERMS AND CONDITIONS OF BID
The State reserves the right to negotiate these terms and conditions when it is in the best interest of the State to do so. The bidder
may not submit its own contract document as a substitute for the State’s Special Terms and Conditions.
Bidders must accept all terms and conditions or submit point-by-point exceptions along with proposed alternative or additional
language for each point. The State may or may not consider any of the Bidder’s suggested revisions. Any changes or amendment
to any of the terms and conditions will occur only if the change is in the best interest of the State.
4.1 DELIVERY REQUIREMENTS
4.1.1
4.1.2
4.1.3
4.1.4
4.1.5
Delivery, installation and up to four (4) hours of system familiarization shall occur no later than February 20, 2014.
Delivery location is
DATCP
Bureau of Laboratory Services
2601 Agriculture Drive
Suite 150
Madison, WI 53718
Delivery and installation shall be scheduled at least one week in advance with Contract Administrator
Delivery shall occur between the hours of 7:30 and 4:30 PM.
A loading dock is available if necessary.
4.2 ACCEPTANCE TESTING
4.2.1
4.2.2
4.2.3
The system must have a demonstrated capability of performing fertilizer analyses as required in the methods of the
Official Methods of Analysis of AOAC International, 18th Edition, 2005, Current through Revision 3, 2010.
4.2.1.1 Method 978.01 Phosphorus in Fertilizers – Automated Method.
4.2.1.2 Method 983.02 Potassium in Fertilizers – Automated Flame Photometric.
Vendor shall provide documentation demonstrating this.
The system shall accurately analyze fertilizer samples containing 0-48% P2O5.
The system shall accurately analyze fertilizer samples containing 0-62% K2O.
4.3 BACKGROUND CHECKS
Due to the nature of this solicitation, the Bureau of Laboratory Services reserves the right to conduct background checks on the
organization, its officers and employees, and subcontractors, if applicable in order to determine whether any conviction exists that
is substantially related to the solicited commodity or service, or if such conviction may otherwise adversely affect the Bidder’s
ability to perform under the resulting contract. The State is the sole determinant of whether the results of a background check(s)
will negatively impact the Contractor’s ability to meet contractual obligations and requirements.
4.4 FRATERNIZATION/AGENCY WORK RULES
All Contractors and their subcontractors working on-site are subject to departmental rules. A copy of these rules may be obtained
by written request to the Bureau of Laboratory Services.
5.0 PRICING STRUCTURE & PRICE SHEET INSTRUCTIONS
5.1 METHOD OF BID
The Bidder must submit a net unit price and, if applicable, an extended net total for each item specified. Prices must be in U.S.
dollars unless otherwise indicated. In the event of errors in calculation, unit price shall prevail.
5.2 FOB DESTINATION, FREIGHT PREPAID AND INSTALLED
Items are to be installed at 2601 Agriculture Drive, Suite 150, Madison WI 53718, FOB DESTINATION FREIGHT PREPAID
INCLUDED AND INSTALLED. Bid prices must include all packing, freight, insurance, set-up, operation manuals and
instructional charges. Items must be set in place in an area designated by the Bureau of Laboratory Services, demonstrated to be in
operating condition, and approved by the Bureau of Laboratory Services. All debris must be removed from the premises and
properly disposed of by the Bidder. Bidder must restore all installation sites to their original condition to the satisfaction of the
Page 8 of 21
Bureau. Upon installation all operating instructions, operating and maintenance manuals shall be furnished to the Bureau of
Laboratory Services contact person identified on the purchase order.
Universal and Hazardous Waste must be removed by Bidder in accordance with State and Federal regulations and guidelines.
Failure to bid FOB Destination Freight Prepaid Included and Installed in the Bid price will disqualify the Bid.
5.3 BID COST SHEET INSTRUCTIONS
Bidders must complete the attached Bid Cost Sheet (Appendix B). Bidders may not alter the Cost Sheet in any manner unless
instructions on the Cost Sheet indicate otherwise
6.0 BID PROCEDURE AND INSTRUCTIONS
6.1 CALENDAR OF EVENTS
Listed below are important dates and times by which actions related to this Request for Bid must be completed. In the event that
the Department of Administration finds it necessary to change any of these dates and times, it will do so by posting an amendment
to this RFB on VendorNet.
DATE
EVENT
November 27, 2013
Date of Issue of the RFB.
December 5, 2013 at 2:00 PM CST
Date Questions Due
December 9, 2013
Responses to Questions Posted to VendorNet
December 13, 2013 at 2:00 PM CST
Bids Due from Bidders
December 27, 2013
*Contract Award Date
*Estimated dates will not be changed by issuing an amendment to this RFB.
6.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS
Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document by December 5,
2013, 2:00 PM CST. If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in
this RFB, the Bidder must immediately notify the Department of Administration representative named below of the issue in
writing and request modification or clarification of the RFB document.
Email is the preferred method of written contact: Please email to: [email protected] --or —
USPS ADDRESS
Mike Morris / RFB #AG140548
Department of Administration
State Bureau of Procurement
PO Box 7867
Madison, WI 53707-7867
COMMON CARRIER ADDRESS
Mike Morris / RFB #AG140548
Department of Administration
State Bureau of Procurement
101 East Wilson Street, 6th Floor
Madison, WI 53703
All communication and/or questions on all matters regarding this Bid must be made in writing and refer to Request for Bid #
AG140548 and be directed to Mike Morris.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB,
supplements or revisions will be posted on VendorNet (http://vendornet.state.wi.us).
All contact or communication with any employee or officer of the State of Wisconsin concerning this RFB, except Mike Morris, is
strictly prohibited during the period from the date this RFB is released until the date the notice of intent to award is issued. Mike
Morris may authorize in writing contact or communication with another state employee or officer as circumstances may dictate.
Prospective Bidders who hold a current contract with the Bureau of Laboratory Services may continue to communicate with the
Bureau of Laboratory Services Contract Administrator regarding the performance of that current contract only.
Page 9 of 21
6.3 REASONABLE ACCOMMODATIONS
Upon request, the Bureau of Laboratory Services must provide reasonable accommodations, including the provision of
informational material in an alternative format, for qualified individuals with a disability. If accommodations are needed at a Bid
opening or Bidders’ Conference, please contact: Mike Morris at [email protected] or (608)261-5051.
6.4 VENDORNET REGISTRATION
Registration on the State of Wisconsin’s VendorNet System (http://vendornet.state.wi.us) is available free of charge to all
businesses and organizations that wish to sell commodity and services to the State. By registering on VendorNet, a Bidder may
register for a bidders list for any commodity or service the Bidder is interested in providing to the State. VendorNet also provides
automatic email notification each time a Procuring State Agency, including University of Wisconsin System campuses, posts a
Request for Bid with an estimated value over $50,000 in their designated commodity and or service area(s). Only registered
Bidders with a valid email address at the time an RFB is posted will receive email notifications of amendments. Bidders who
obtain the RFB from a third party, through the State of Wisconsin Public Notices website or by any other means assume
responsibility for checking for updates to the RFB.
6.5 SUBMITTING A BID
Bidders must submit an original signed Bid, marked as stated below, and four (4) hard copies of all materials required for
acceptance of their Bid by the deadline shown on the Request for Bid (DOA-3070) form to:
USPS ADDRESS
Mike Morris / RFB #AG140548
Department of Administration
State Bureau of Procurement
PO Box 7867
Madison, WI 53707-7867
COMMON CARRIER ADDRESS
Mike Morris / RFB #AG140548
Department of Administration
State Bureau of Procurement
101 East Wilson Street, 6th Floor
Madison, WI 53703
All Bids must be received and time-stamped at the above location prior to December 13, 2013 at 2:00 PM CST. Bids not stamped
will be considered late and rejected. Receipt of a Bid by the State mail system does not constitute receipt of a Bid by the
Department of Administration Purchasing Office.
All Bids must be packaged, sealed in a box or envelope and clearly marked with the following information on the outside of the
package:
BIDDER NAME AND ADDRESS
RFB Autoanalyzer Instrument System
RFB Due: December 13, 2013
6.6 FAXED BIDS
Faxed Bids will not be accepted.
6.7 EMAILED BIDS
Emailed Bids will not be accepted.
6.8 FORMAT OF BID RESPONSE
Bidders responding to this RFB must comply with the following format requirements:
6.8.1
Signed Request for Bid Sheet
6.8.1.1
Include the signed Request for Bid Sheet (DOA-3070, front page of this document) with the bid and those
certifications required for submittal of a bid. Bids submitted in response to this RFB shall be signed by the
person in the vendor’s organization who is responsible for the decisions as to the process being offered in the bid
or by a person who has been authorized in writing to act as the agent for the person responsible for the decision
on prices. DO NOT COPY AND RETURN THE ENTIRE BID DOCUMENT.
6.8.1.2
By submitting a signed bid, the vendor’s signatories certify that in connection with this procurement:
6.8.1.2.1
The vendor’s organization or an agent of the vendor’s organization has arrived at the prices in its bid
without consultation, communication or agreement with any other respondent or with any competitor for
the purpose of restricting competition.
Page 10 of 21
The prices quoted in the bid have not been knowingly disclosed by the vendor’s organization and shall not
be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor.
6.8.1.2.3
No attempt has been made or shall be made by the vendor’s organization or by any agent of the vendor’s
organization to induce any other person or firm to submit or not to submit a bid for the purpose of
restricting competition.
6.8.2
Vendor Information
6.8.2.1
Include the completed and signed Bidder Information Sheet (DOA-3477) attached to this document.
6.8.3
Designation of Confidential and Proprietary Information
6.8.3.1
Include the completed and signed Designation of Confidential and Proprietary Information Sheet (DOA-3027)
attached to this document.
6.8.4
Vendor Agreement
6.8.4.1
Include the completed and signed Vendor Agreement – Wisconsin’s Cooperative Purchasing Service (DOA3333) attached to this document.
6.8.5
Vendor Reference
6.8.5.1
Include the completed Vendor Reference Sheet (DOA-3478) attached to this document.
6.8.6
Response to Bid Requirements
6.8.6.1
Include the completed and signed Response to Bid Requirements (Appendix A).
6.8.7
Bid Cost Sheet
6.8.7.1
Include the completed and signed Bid Cost Sheet (Appendix B).
6.8.1.2.2
Any alteration of the Bid forms or Appendices is prohibited and will result in rejection of the Bid.
6.9 MULTIPLE BIDS
Multiple Bids are permitted. However, each separate Bid must conform fully to the requirements for a Bid submission. Each bid
must be submitted separately and labeled as Bid #1, Bid #2, etc.; on each page included of the Bid response.
6.10 INCURRING COSTS
Neither the State of Wisconsin nor the Bureau of Laboratory Services is liable for any costs incurred by the Bidder in responding
to this RFB.
7.0 BID ACCEPTANCE AND AWARD
7.1 BID OPENING
A public Bid opening will be held on December 13, 2013 at 2:00 PM CST at 101 East Wilson Street, 6th Floor, Madison WI. The
names of all Bidders may be read aloud at that time.
7.2 BID REVIEW
All Bids will be reviewed by the Department of Administration’s Procurement Manager to ensure compliance with submittal
requirements. Department of Administration shall be the sole judge as to Bidders’ compliance with the Bid instructions.
7.3 BID ACCEPTANCE
Bids that do not comply with the Specifications set forth in Section 3.0 will be rejected. Bids that do not comply with the Special
Terms and Conditions of Bid in Section 4.0 may be rejected. Department of Administration, in its sole discretion, retains the right
to accept or reject any or all Bids, or accept or reject any part of a Bid, if deemed to be in the best interest of the State.
7.4 METHOD OF AWARD
The Bid Award will be made on the basis of the lowest responsive, responsible Bidder. Prices Bid must be in US dollars. Bids that
require a specific quantity or dollar amount will be disqualified. In the event of Bidder error in calculation, unit price shall prevail
in award.
The Department of Administration will award to one Bidder, judged to be in the best interest of the State. The State is the sole
determinant of its best interests.
Page 11 of 21
Award(s) will be based on unit cost (column B of Bid Cost Sheet) multiplied against quantity (column A of Bid Cost Sheet) and
totaled in Extended Cost (column C of Bid Cost Sheet). Rows 1-4 of column C on Bid Cost Sheet will be summed to reflect total
cost. The Bureau of Laboratory Services may reject any Bid that does not include pricing for all items on the Bid Cost Sheet.
7.5 BIDDER REFERENCES/CLIENT LIST
The Bid response must include a completed Bidder Reference Form (DOA-3478) listing at least three (3) names or companies with
whom the Bidder has done business similar in size and scope as required by this RFB within the last three years. For each
organization listed, the Bidder must include the company name, address, contact person, email address and telephone number
along with a brief description of the product or service that formed the basis of the business relationship. The Department of
Administration will determine which references to contact in order to assess the quality of the product or service.
7.6 USE OF SUBCONTRACTORS
The Contractor will be responsible for the contract performance of its subcontractors. The contract will be between the Bureau of
Laboratory Services and the awardee. The Contractor will be responsible for its subcontractors’ performance of the pertinent
contract obligations including related specifications, insurance requirements and applicable regulations. The Bidder must identify
any potential subcontractor it intends to use to provide the product or service it will provide if awarded the contract. All
subcontractors must be approved in writing by the Bureau of Laboratory Services. Any proposed substitution of an approved
subcontractor must be submitted in writing to the Bureau of Laboratory Services thirty (30) days prior to implementation of the
substitution, and include the substitute’s qualifications, the reason for the change, and the intended effective date of the
substitution. Failure to notify the Bureau of Laboratory Services may result in cancellation of the contract without notice and
without penalty to the State.
7.7 SUPPLIER DIVERSITY
7.7.1 MINORITY-OWNED BUSINESS ENTERPRISE
Minority-owned business enterprises (MBEs) are certified by the Wisconsin Supplier Diversity Program. This program can be
found at: http://www.doa.state.wi.us/section.asp?linkid=232&locid=0 The State of Wisconsin is committed to the promotion of
MBEs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified MBEs that
compete for State contracts. This means that State agencies may make an award to the MBE submitting the lowest qualified bid
when that qualified bid is not more than 5% higher than the apparent low bid. (A MBE Bidder preference will not be considered on
a printing or stationery procurement.) Policy provides that MBEs should have the maximum opportunity to participate in the
performance of its contracts. The Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts
to MBEs or by using such enterprises to provide commodities and services incidental to this agreement.
The Contractor shall furnish appropriate quarterly information about its efforts, including the identities of such businesses certified
by the Wisconsin Supplier Diversity Program, their contract amount, and spend for each period to the Procuring Agency.
A listing of certified MBEs, as well as the services and commodities they provide, is available at:
http://www.doa.state.wi.us/section.asp?linkid=226&locid=171
7.7.2 VETERAN-OWNED BUSINESS
The State Bureau of Procurement encourages the participation of veteran-owned businesses (VBs) in the statewide purchasing
program by inviting VBs to actively solicit public purchasing business and by reducing undue impediments to such participation.
VBs are certified by the Department of Veterans Affairs (DVA). Applicants must complete a Veteran-owned Business Request for
Certification form (WDVA 1037). Contact the DVA at: http://dva.state.wi.us/ There is no price preference for certified VBs that
compete for State contracts.
7.7.3 DISABLED VETERAN-OWNED BUSINESS
Disabled veteran-owned businesses (DVBs) are certified by the Wisconsin Supplier Diversity Program. This program can be found
at: http://www.doa.state.wi.us/section.asp?linkid=232&locid=0 The State of Wisconsin is committed to the promotion of DVBs
in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified DVBs that
compete for State contracts. This means that State agencies may make an award to the DVB submitting the lowest qualified bid
when that qualified bid is not more than 5% higher than the apparent low bid. (A bidder preference will not be considered on a
printing or stationery procurement.) Policy provides that DVBs should have the maximum opportunity to participate in the
performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding
subcontracts to DVBs or by using such enterprises to provide commodities and services incidental to this agreement.
The supplier/contractor shall furnish appropriate quarterly information about its efforts, including the identities of such businesses
certified by the Supplier Diversity Program and their contract amount.
Page 12 of 21
A listing of certified DVBs, as well as the services and commodities they provide, is available at:
http://www.doa.state.wi.us/section.asp?linkid=226&locid=171
7.7.4 WOMAN-OWNED BUSINESS ENTERPRISE
Woman-owned business enterprises (WBEs) are certified by the Woman's Business Ombudsman. This program can be found at:
http://doa.wi.gov/category.asp?linkcatid=1104&linkid=217&locid=172
State certified WBEs are able to provide both governmental entities and private companies with a credible recognition of the
business’ ownership. The WBE certification may serve as an additional marketing tool when seeking contract opportunities with
entities that place a value on having a diverse supplier base. There is no price preference for certified WBEs that compete for State
contracts.
A listing of certified WBEs, as well as the services and commodities they provide, is available at:
http://doa.wi.gov/category.asp?linkcatid=1104&linkid=217&locid=172
7.8 AWARD NOTIFICATION
All Bidders who respond to this RFB with a Bid shall be notified in writing of the Agency’s intent to contract.
8.0 REQUIRED FORMS
The following is a list of forms pertaining to this RFB. An “X” preceding the form indicates that it must be completed and returned
with the Bid response.
X
X
X
X
X
X
X
Request For Bid
Vendor Information
Designation of Confidential and Proprietary Information
Vendor Agreement-Wisconsin’s Cooperative Purchasing Service
Vendor Reference
Response to Bid Requirements
Bid Cost Sheet
Page 13 of 21
DOA-3070
DOA-3477
DOA-3027
DOA-3333
DOA-3478
Appendix A
Appendix B
Wisconsin Department of Administration
DOA-3054 (R10/2005)
Ch. 16, 19, 51, Wis. Stats.
Page 1 of 3
Standard Terms And Conditions
(Request For Bids / Proposals)
1.0 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
6.2
6.3
Unit prices shown on the bid/proposal or contract
shall be the price per unit of sale (e.g., gal., cs., doz.,
ea.) as stated on the request or contract. For any
given item, the quantity multiplied by the unit price
shall establish the extended price, the unit price shall
govern in the bid/proposal evaluation and contract
administration.
Prices established in continuing agreements and
term contracts may be lowered due to general market
conditions, but prices shall not be subject to increase
for ninety (90) calendar days from the date of award.
Any increase proposed shall be submitted to the
contracting agency thirty (30) calendar days before
the proposed effective date of the price increase, and
shall be limited to fully documented cost increases to
the contractor which are demonstrated to be industrywide. The conditions under which price increases
may be granted shall be expressed in bid/proposal
documents and contracts or agreements.
In determination of award, discounts for early
payment will only be considered when all other conditions are equal and when payment terms allow at
least fifteen (15) days, providing the discount terms
are deemed favorable. All payment terms must allow
the option of net thirty (30).
7.0 UNFAIR SALES ACT:
Prices quoted to the State of
Wisconsin are not governed by the Unfair Sales Act.
8.0 ACCEPTANCE-REJECTION:
The State of Wisconsin
reserves the right to accept or reject any or all
bids/proposals, to waive any technicality in any bid/proposal
submitted, and to accept any part of a bid/proposal as
deemed to be in the best interests of the State of
Wisconsin.
Bids/proposals MUST be date and time stamped by the
soliciting purchasing office on or before the date and time
that the bid/proposal is due. Bids/proposals date and time
stamped in another office will be rejected. Receipt of a
bid/proposal by the mail system does not constitute receipt
of a bid/proposal by the purchasing office.
9.0 METHOD OF AWARD: Award shall be made to the lowest
responsible, responsive bidder unless otherwise specified.
10.0 ORDERING: Purchase orders or releases via purchasing
cards shall be placed directly to the contractor by an
authorized agency.
No other purchase orders are
authorized.
11.0 PAYMENT TERMS AND INVOICING:
The State of
Wisconsin normally will pay properly submitted vendor
invoices within thirty (30) days of receipt providing goods
and/or services have been delivered, installed (if required),
and accepted as specified.
Invoices presented for payment must be submitted in
accordance with instructions contained on the purchase
order including reference to purchase order number and
submittal to the correct address for processing.
A good faith dispute creates an exception to prompt payment.
12.0 TAXES: The State of Wisconsin and its agencies are exempt
from payment of all federal tax and Wisconsin state and
local taxes on its purchases except Wisconsin excise taxes
as described below.
The State of Wisconsin, including all its agencies, is required
to pay the Wisconsin excise or occupation tax on its
purchase of beer, liquor, wine, cigarettes, tobacco products,
motor vehicle fuel and general aviation fuel. However, it is
exempt from payment of Wisconsin sales or use tax on its
purchases. The State of Wisconsin may be subject to other
states' taxes on its purchases in that state depending on
the laws of that state. Contractors performing construction
activities are required to pay state use tax on the cost of
materials.
13.0 GUARANTEED DELIVERY: Failure of the contractor to
adhere to delivery schedules as specified or to promptly
replace rejected materials shall render the contractor liable
for all costs in excess of the contract price when alternate
procurement is necessary. Excess costs shall include the
administrative costs.
Page 14 of 21
14.0 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.
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 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.
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.
awarded, the contractor must submit the plan to the
contracting state agency for approval. Instructions
on preparing the plan and technical assistance
regarding this clause are available from the
contracting state agency.
The contractor agrees to post in conspicuous places,
available for employees and applicants for employment, a notice to be provided by the contracting state
agency that sets forth the provisions of the State of
Wisconsin's nondiscrimination law.
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:
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
19.2
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
Page 15 of 21
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 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.
28.0 DISCLOSURE: If a state public official (s. 19.42, Wis. Stats.),
a member of a state public official's immediate family, or
any organization in which a state public official or a member
of the official's immediate family owns or controls a ten
percent (10%) interest, is a party to this agreement, and if
this agreement involves payment of more than three
thousand dollars ($3,000) within a twelve (12) month
period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis.
Stats., before signing the contract. Disclosure must be
made to the State of Wisconsin Ethics Board, 44 East
Mifflin Street, Suite 601, Madison, Wisconsin 53703
(Telephone 608-266-8123).
State classified and former employees and certain State of
Wisconsin faculty/staff are subject to separate disclosure
requirements, s. 16.417, Wis. Stats.
rials 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 sub-units, or any state official or employee for commercial promotion is prohibited.
News releases pertaining to this procurement shall not be
made without prior approval of the State of Wisconsin.
Release of broadcast e-mails pertaining to this procurement
shall not be made without prior written authorization of the
contracting agency.
32.0 HOLD HARMLESS: The contractor will indemnify and save
harmless the State of Wisconsin and all of its officers,
agents and employees from all suits, actions, or claims of
any character brought for or on account of any injuries or
damages received by any persons or property resulting
from the operations of the contractor, or of any of its
contractors, in prosecuting work under this agreement.
33.0 FOREIGN CORPORATION:
A foreign corporation (any
corporation other than a Wisconsin corporation) which
becomes a party to this Agreement is required to conform
to all the requirements of Chapter 180, Wis. Stats., relating
to a foreign corporation and must possess a certificate of
authority from the Wisconsin Department of Financial
Institutions, unless the corporation is transacting business
in interstate commerce or is otherwise exempt from the
requirement of obtaining a certificate of authority. Any
foreign corporation which desires to apply for a certificate of
authority should contact the Department of Financial
Institutions, Division of Corporation, P. O. Box 7846,
Madison, WI 53707-7846; telephone (608) 267-7577.
34.0 WORK
CENTER
PROGRAM:
The
successful
bidder/proposer shall agree to implement processes that
allow the State agencies, including the State of Wisconsin
System, to satisfy the State's obligation to purchase goods
and services produced by work centers certified under the
State Use Law, s.16.752, Wis. Stat. This shall result in
requiring the successful bidder/proposer to include
products provided by work centers in its catalog for State
agencies and campuses or to block the sale of comparable
items to State agencies and campuses.
35.0 FORCE MAJEURE: Neither party shall be in default by
reason of any failure in performance of this Agreement in
accordance with reasonable control and without fault or
negligence on their part. Such causes may include, but are
not restricted to, acts of nature or the public enemy, acts of
the government in either its sovereign or contractual
capacity, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes and unusually severe weather,
but in every case the failure to perform such must be
beyond the reasonable control and without the fault or
negligence of the party.
29.0 RECYCLED MATERIALS:
The State of Wisconsin is
required to purchase products incorporating recycled mate-
Page 16 of 21
State of Wisconsin
Department of Administration
DOA-3681 (01/2001)
ss. 16, 19 and 51, Wis. Stats.
Division of Agency Services
Bureau of Procurement
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.
3.2
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)
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.
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.
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.
3.0 DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP:
3.1
Prior to award of any contract, a potential contractor
shall certify in writing to the procuring agency that no
relationship exists between the potential contractor
and the procuring or contracting agency that
interferes with fair competition or is a conflict of
interest, and no relationship exists between the
contractor and another person or organization that
constitutes a conflict of interest with respect to a state
contract. The Department of Administration may
waive this provision, in writing, if those activities of the
potential contractor will not be adverse to the interests
of the state.
Contractors shall agree as part of the contract for
services that during performance of the contract, the
contractor will neither provide contractual services nor
enter into any agreement to provide services to a
person or organization that is regulated or funded by
the contracting agency or has interests that are
adverse to the contracting agency. The Department
of Administration may waive this provision, in writing,
if those activities of the contractor will not be adverse
to the interests of the state.
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.
Page 17 of 21
STATE OF WISCONSIN
Bid / Proposal #
DOA-3477 (R05/98)
RFB AG140548
Commodity / Service
VENDOR INFORMATION
1.
BIDDING / PROPOSING COMPANY NAME
FEIN
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 must 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
CEO / President Name
Page 18 of 21
Zip + 4
)
STATE OF WISCONSIN
DOA-3027 (R01/98)
DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION
The attached material submitted in response to Bid/Proposal #RFB AG140548 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.
DO NOT DESIGNATE PRICING INFORMATION AS CONFIDENTIAL
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___________________________________________
Page 19 of 21
Division of Enterprise Operations
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)
City
State
Commodity/Service
)
ZIP + 4
Request for Bid/Proposal Number
Page 20 of 21
STATE OF WISCONSIN
DOA-3478 (R12/96)
Bid / Proposal #
RFB AG140548
VENDOR REFERENCE
FOR VENDOR:
Provide company name, address, contact person, telephone number, and appropriate information on the
product(s) and/or service(s) used for all jobs with requirements similar to those included in this solicitation
document that were completed within the last three years (not selected references). 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
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