Bic C328O

Bic C328O

State of Wisconsin

Wis. Statutes s.16.75

DOA-3070 N(R09/97) Salespersons Hours are 9 AM to 11 AM and 1 PM to 3 PM, Monday through Friday.

Remove from bidder list for this commodity/service. (Return this page only.)


AGENCY: University of Wisconsin Milwaukee

ADDRESS: Mail To: P.O. Box 777, Milwaukee, WI, 53201 or

Deliver To: Engelmann Hall Room 180, 2033 E Hartford Ave.

Milwaukee, WI, 53211

Fax To: 414-906-8406. Fax Bids are sent at bidder’s risk.



Late bids will be rejected. Bids must be submitted separately, i.e., not included with sample packages or other bids. The Standard Terms and Conditions (most recent version of

Form DOA-3054) apply to any subsequent award and are available from UWM Purchasing upon request by fax: 414-906-8406. Bids shall be firm for acceptance for sixty (60) days from date of bid opening. The bid abstract will be on file in this office and is open to public inspection after an award has been made. Each item is a transaction in itself and awards will be made accordingly unless otherwise stated in this request.

Bid envelopes delivered or mailed must be plainly marked in lower corner with Due Date and Request for Bid #

BIDDER: (Fill in Name and Address here) Bids MUST be in this office no later than:

2:00 pm CDT on December 7, 2012

Name and phone number (Contact for further information)

Catherine L. Greenwood (414) 229-7162/4301

Email Date of Issue

[email protected]


FOB Destination Dock Delivery



Quantity and Unit Description

Fax bids are accepted unless otherwise stated: ____Fax bids are not accepted


Grocery Products, per the attached itemized specifications and conditions of bid


Per Unit Total

Terns of Payment: Net 30

See paragraph 6.3 of Standard Terms and Conditions for Acceptable Alternative Terms Delivery Time in days

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

 We are a work center qualified under Wis. Stats. s. 16.752. Questions concerning the qualification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E.

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. Materi als covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.





In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or o therwise 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, competit or 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 Phone & Fax ( ) ( )

Signature of Above Date Federal Employer Identification No.

This form can be made available in accessible formats upon request to qualified individuals with disabilities.

Social Security No. if Sole

Proprietor (Voluntary)



1.0 Scope

2.0 Contract Period

3.0 Specifications

4.0 Product Information and Testing/Sampling

5.0 Volume

6.0 Packaging

7.0 Ordering

8.0 F.O.B./Destination

9.0 Delivery

10.0 Site Inspection

11.0 Method of Bid

12.0 Price Guarantee

13.0 Marketing

14.0 Reference

15.0 Method of Award

16.0 Submitting a Bid

17.0 Request for Bid Forms

18.0 Product Return

19.0 Additions/Deletions

20.0 Billing/Payments

21.0 Audit

22.0 Vendor Reporting

23.0 Contract Termination

24.0 Correspondence, Clarifications and Questions

25.0 Certified Minority Enterprises

26.0 VendorNet Registration

27.0 Insurance Responsibility

28.0 Terms and Conditions




1.0 SCOPE:


The University of Wisconsin – Milwaukee requests bids for a Prime

Vendor to furnish and deliver a diverse line of Candy, Snacks,

Sundries/Health & Beauty Aids, Drugs, Groceries including

Refrigerated and Frozen products, Bakery, and limited Juice and

Beverages for University resale in accordance with specifications and provisions of this inquiry.


This Request for Bid (“RFB”) and the awarded Bidder’s response information shall become part of the Contract. The Contract shall be effective on the date indicated on the purchase order or the Contract execution date and will be for one (1) year with option to renew for four (4) additional one (1) year periods at the mutual agreement of the University and Vendor.


The quality, indicated by nationally recognized brand names per customer preference for the majority of items, is the minimum acceptable quality for the product desired. This Contract shall also include stocking of the top selling candies, mints, gum, etc. by the Vendor, plus other product lines as included in

Section III – Product Sampling List Based on Volume, as representative of the diverse products required. Equivalent alternate brands will be considered.

Small product sizing for single consumer at reasonable pricing is a critical component of this Contract along with availability of microwavable items. Brands which meet or exceed specification will be considered and must be identified by manufacturer, brand, size, UPC code/and or part number, packaging and include applicable descriptive literature with the bid form. The

University will be the sole judge of equivalency and acceptability. The product line should be diverse to offer the categories and brand varieties specified in Section III – Product

Sampling List Based on Volume. Case and shelf labels are required and preferred to be offered at no charge to the

University. Two (2) computer-based ordering devices are a mandatory requirement, with a preference to be at no charge to the University. The vendor is responsible for complete insurance coverage on the order devices, to include fire, theft, damage and extended coverage.


With reference to the enclosed specifications, product award is based in part on an acceptable products list since the merchandise required within this bid are to be bought and resold

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by brand name and/or customer preference in a public or institution store. Provision shall be made for the testing/sampling of low bid equivalent alternate products, following the bid opening, upon request of the Purchasing Office.

If testing/sampling is desired and requested, Bidder(s) should address sample(s) to the attention of Andrew Thimmesch, and send to Union Station, 2200 E Kenwood Blvd., #U326, Milwaukee,

Wisconsin 53211. The samples should be sent free of charge, transportation fully paid, and product must be labeled ‘SAMPLE

C3-28-O’. It is required that the sample be properly identified and shall include the manufacturer, brand, product type, size/weight and quantity per pack, or the samples may be subject to rejection. Samples will then be routed to the appropriate departments within the University for evaluating. In addition to the potential of testing/sampling during the bidding process, samples may also be requested periodically throughout the life of the Contract for the purpose of quality evaluations and/or potential additions to product line offerings.


No guarantee is made concerning total annual purchase volume, but ordering will be solely from the Vendor provided product quality,

Contract pricing and service remain as quoted. Based upon the previous year's usage the total annual dollar purchase volume is approximately $725,493.00 as itemized by order departments and categories as follows:



$32,637.00 (All Categories)

Emporium $399,314.00 (All Categories)

Fine Arts $1,900.00 (Cookies)

Vending $57,569.00 (All Categories)

Riverview $62,955.00 (All Categories)

$170,866.00 (All Categories Union




$252.00 (Candy)














Sundries 7%


Beverage 1%

Packaging shall be in accordance with the best commercial practice to assure sanitation, maximum shelf life and prevention of damage to products.


To facilitate ordering and invoice auditing, current product

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price lists along with monthly special order books shall be made available to the Purchasing and Ordering Departments on an ongoing and regular basis, preferably quarterly. In addition, scannable holiday pre-booking along with shelf labels shall be provided to the Ordering Department continuously throughout the life of the Contract. It is preferred that product information be limited to the University specified product categories, as opposed to the Vendor's complete product line.

To facilitate ordering and invoice auditing, the product list shall be provided in sequential order by item code number to include:

Product brand, description if applicable and code number

Unit of purchase, including minimum if applicable

(e.g. 3, 6, 12 etc.)

Size and count (e.g. case) (note: indicate full case ordering discount, if available)

Vendor’s net unit cost

Percentage of mark up

University's cost

Vendor is to supply a computer-based remote ordering system that has the following capabilities:

Ability to edit orders and review order summary prior to sending

Last order quantity and date assist is shown with inventory management

Multiple scan options

Fully integrated website including analytics and online ordering

Ability to create orders from on-hand inventory counts and PAR values

It is preferred that a NEXGEN ordering device or comparable is provided for utilization.

Order method shall be at the option of the order departments, as follows:

1) Vendor provided computer-based order system

2) Telephone, fax or hard copy (for order placement by the Union

Theater; Emporium and Union Station for frozen, refrigerated, holiday candy and specialty orders)

Orders will be placed approximately twice weekly on an 'as needed basis'. The order schedule may be reduced to once weekly during the campus slack periods (See Section 5.0 - Volume). Ordering will be per full case or minimum order per item (e.g. HABA in 3s,

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6s or 12s). Preference is for a ‘no minimum order’ requirement.

8.0 F.O.B./Destination:

Bid prices shall include product and transportation to the dock, with the Vendor responsible for unloading pallets. Tailgate deliveries are unacceptable.


Deliveries are required one day after receipt of order, Monday through Friday during the hours noted, to the following campus locations, all in Milwaukee, WI:

Sandburg Emporium, 3400 North Maryland Avenue (Tuesday

& Friday 8 a.m. - 11:00 a.m.)

Union Station, 2200 East Kenwood Boulevard (Friday 8 a.m. - 11 a.m.)

Union Theater, 2200 East Kenwood Boulevard, (Monday -

Friday 8:00 a.m. - 11:00 a.m.)

Peck School of the Arts, Zelazo Ctr, 2419 E Kenwood

Boulevard (Monday - Friday 8:00 a.m. - 11:00 a.m.)

Riverview, 2340 North Commerce Street (Tuesday &

Friday 8:00 a.m. - 11:00 a.m.)

Cambridge Commons, 2323 North Cambridge Avenue

(Tuesday & Friday 8:00 a.m. - 11:00 a.m.)

Northwest Quadrant, 3337 N. Maryland Avenue Rm #1310

(Tuesday & Friday 8 a.m. – 11:00 a.m.)

Additional locations may be added in the future.

Note: Frozen and refrigerated product may be delivered separately but preferred on the same day of the week to accommodate special requirements of this product transport, if necessary. Special orders and pre-bookings (e.g. holiday candy) may also deviate from the delivery schedule. Legal holiday delivery schedule information should be provided one week in advance.

Delivery schedule changes or product substitutions are not allowable without prior approval of the University Order

Departments. Substitutions must be made at a quality comparable to or exceeding the Contract specification, and be provided at the Contract price.

It is preferred that all items are stocked by the Vendor, at least in minimum quantities, to provide the specified delivery.

Delivery noncompliance may render the Contract subject to cancellation.


Each Bidder is encouraged to visit the campus to ascertain delivery requirements of the Contract. Submittal of a Bid will

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be considered presumptive evidence that the Bidder is fully aware of the conditions of Contract, and has made allowance in such bid submittal for all requirements. Contact the following Campus

Representatives for site inspection:

Union Station and Emporium: Andrew Thimmesch @ 414-

229-2525 or [email protected]

Student Union Theater: Linda Corbin-Pardee @ 414-229-

3111 or [email protected]

Peck School of the Arts: Randy Holper @ 414-229-2445 or [email protected]

Riverview: Andrew Thimmesch @ 414-229-2525 or [email protected]


Cambridge Commons: Andrew Thimmesch @ 414-229-2525 or [email protected]

Bidders shall state the percentage quoted over the Vendor's cost, by University designated category, in Section III -


Sampling List Based on Volume

. Each category may only have one (1) percentage and that percentage must be consistent throughout all items in that product category. It is desired that the percentage include all charges (i.e. shipping, delivery, order processing, service, computer ordering device, fuel surcharges, upcharges, etc.) Note: If the percentage does not include all charges then these charges must be specifically itemized in Section III – Itemized Specifications Bid List to be eligible for payment during the Contract and will be factored into the bid analysis when calculating the bid totals.

The base and net prices on any product are subject to verification at any time, upon request by the University.

SECTION II - Itemized Specifications Bid List and SECTION III -

Product Sampling List Based on Volume

will become a tool in the award and audit processes with the successful Bidder.

“Estimated Annual Volume Ordered Per Volume Measurement” in

Section III - Product Sampling List Based on Volume is the estimated annual usage. Bidders must clearly indicate the method of determining net unit price(s) to the University. This method will be maintained throughout the life of the Contract and will be used during the audit process. Substantiation of dealer cost will be required in the audits.

EXAMPLE: @ 5% markup over Vendor cost of $20.00 the net unit price to the University can be derived:

A $20.00 multiplied by 1.05%= $21.00 net unit price or

B $20.00 divided by .95=$21.05 net unit price

State the method to be used in this bid and


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Submit for bid analysis:

One (1) copy of the Section III - Product Sampling List

Based on Volume, typewritten or legibly printed with ink.

Quotes for equal alternate brand, size, or pack shall be clearly noted.

One (1) current and complete applicable Vendor product/price lists which reflect Vendor’s net cost.

Preferred information shall include:

Product manufacturer, brand, description

Size, case pack or count

Minimum ordering unit (i.e. 3's, 6's, 12's, etc.) as applicable

Percentage(s) quoted over the Vendor's cost, by category


Invoice prices shall reflect the current price at the time of shipment and will be based on the percentage quoted over the

Vendor's cost, which includes all administrative and service charges, unless otherwise indicated in Section II - Itemized

Specifications Bid List. The percentage must be held firm for the entire Contract period, i.e. initial one (1) year period and any subsequent renewal periods, or to not change at the disadvantage of the University. Price changes during the

Contract shall be in accordance with and limited to the Vendor's cost increases or decreases. The prices billed to the University shall be net of its share of any discounts, rebates, etc., passed onto the Vendor by its suppliers. Vendor's cost shall be subject

13.0 MARKETING: to verification at any time upon request by the UWM Purchasing

Office. This is a cost plus Contract.

Provision shall be made by the Vendor to provide marketing materials, point of purchase materials and periodic promotion or demonstration of new products, including product and/or personnel to set up at no charge.


Include a minimum list of three (3) customers of like contract volume that you have serviced, including company name, contact representative, job title, address, e-mail address, phone, and fax numbers. Preferred references would be those of a

University, college or other institution of higher learning, with similar contractual requirements.


The University will, for the purpose of reducing administrative

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costs, award a Contract to one Vendor, which has met all specifications and submitted the overall lowest total bid price.

Factors in determining the award(s) include the following:

Price: Lowest overall total lot bid on a cost plus basis, to include factoring in all charges, per the terms of payment determined to be in the best interest of the

University and State of Wisconsin. A product sampling based on the University’s high volume items which includes the purchase history of each, will be used to calculate the total cost by taking the “Vendor’s Net Unit Cost by Pack

Measure” and adding it to the “% of Mark Up” then multiplying that number by “Estimated Annual Volume Ordered

Per Volume Measurement” which will give “Total Price.”

“Total Price” is then added for each item which will give

“Total Lot Bid.” (See Section III – Product Sampling List

Based on Volume.)

Product Line: Availability of an adequate product line to include variety, size availability and name brand quality.

The product line offering must include each of the categories specified in Section III – Product Sampling List

Based on Volume. Product offering must also include small product sizing and microwavable items. The University reserves the right to sole determination if Bidder’s product line is adequate for the University’s needs.

Service: Delivery per University requirements and service capabilities, to include provision of two (2) computer-based ordering devices, case and shelf labels, shelf stocking, etc.


Bidders shall submit an original signed bid, marked as such, and one (1) copy of all materials required for acceptance of their bid by the deadline shown on the Request for Bid (Form DOA-3070) to:

Catherine Greenwood, Purchasing Agent Senior

University of Wisconsin – Milwaukee

Business & Financial Services – Purchasing Office

2033 E. Hartford, Ste 180

Milwaukee, WI 53211

Or via:

Fax – (414) 906-8406

Email – [email protected]

All bids must be received in the office stated above and must be time-stamped by the University of Wisconsin – Milwaukee Business

& Financial Services – Purchasing Office indicated in the RFB

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prior to the stated opening time. Bids not stamped will be considered late and will be disqualified. Delivery receipt of a bid by mail does not constitue receipt of a bid by the University of Wisconsin – Milwaukee Business & Financial Services –

Purchasing Office, for purposes of this Request for Bid.

All bids should be packaged, sealed, and show the following information on the outside of the package:

Bidders’s Company Name

Request for Bid Number: C3-28-O

Bid Due Date: 12/7/12

Attention: Catherine Greenwood

All emailed and faxed bids are forwarded to another member on the procurement team who is unassociated with this RFB. That member immediately time-stamps the bid submittal and puts into a sealed envelope where contents is not reviewed until the official sealed bid opening time stated on the RFB. All faxed bids are time stamped based on the time the fax has been fully expelled from the fax machine on the receiving end. If it is fully expelled at

2:01pm CDT on due date, it is considered late and will be disqualified from consideration.


The following forms are desired to be returned with your bid submission:

Request for Bid Form (DOA-3070), completed and signed

Vendor Information (DOA-3477), completed

Vendor Reference (DOA-3478), completed


Full credit or even product exchange is expected for product rendered unusable due to damage upon receipt, faulty product or packaging, short date coding or mislabeling, or mispicking by the

Vendor, holiday candy, order error, etc. Restocking charge, if applicable on any return, must be stated at the time of quotation in Section II - Itemized Specifications Bid List. Preference is for the issuance of credit and return on a per each basis or full case, whichever is applicable. Any restrictions on product return for full credit or exchange must be so stated in Section

Contractual condition. It is highly desired that the Vendor

Representative come in weekly to handle product returns.


II - Itemized Specifications Bid List (e.g. holiday candy, frozen/refrigerated product, etc), to be eligible as a

New product promotion and innovation by the Vendor is encouraged.

Additions/deletions of products within the product categories

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stated in Section III – Product Sampling List Based on Volume are allowed at the mutual agreement of the Vendor and the UWM

Ordering Departments. Provisions shall be made requiring written approval from the Procurement Manager for any additions/deletions of delivery locations (see Section 9.0 – Delivery) and/or the six

(6) product categories listed in Section III – Product Sampling

List Based on Volume, which currently include “Candy/Gum,”

“Snacks,” “Grocery,” “Sundries,” “Drugs,” and “HABA”. It is required that a written request be made to and written approval received from the Procurement Manager before any changes can be made. Any additions will be under the terms of the bid.


Payments shall be in accordance with the percentages quoted over the Vendor's cost. Invoices shall be itemized to include product description, brand, UPC code, size, packaging, purchase order number, quantity, specific department/ship-to address, University unit, Vendor net cost, mark up percentage, University’s net cost, extended cost, and all service charges as quoted. It is preferred that the University's specified categories be identified and separated on invoices. Separate invoices shall be submitted for each purchase order. It is also preference that invoices be on 8-1/2”X11” plain paper. Net 30 is the current payment policy and serves as the standard form of payment for this Contract. In Section II - Itemized Specifications Bid List or on an attachment, provide information in regards to your company’s billing and payment capabilities.

21.0 AUDIT:

The State of Wisconsin and University of Wisconsin - Milwaukee, upon giving seven (7) days notice, or a time as mutually agreed upon but not to exceed thirty (30) days, will be allowed in-house audit privileges of the records of the Vendor or the records of any closely related company to verify the validity of pricing. A closely related company is a company or unit owned directly or indirectly by the Vendor, any parent company of the Vendor, any subsidiary of the Vendor or a close member of the Vendor's family. This information may be requested of the Vendor in a disclosure statement of all entities involved and percentage of holdings, upon notice by the University. Audit procedure will consist of a computer selected sample (approximately 2 1/2%) of the total number of items billed during a University selected period of time.

The Vendor will be given instructions and a spreadsheet detailing the invoice number, date, item, brand, UPC code number and/or part number, product size and pack, quantity shipped and price billed to the University. The request will be for copies to be provided of the manufacturer's (supplier's) invoices on applicable items upon a visit to the Vendor’s site, or at the option of the University a sample audit might be conducted via paper copies sent by the Vendor to the University Accounts

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Payable Office.

In addition, the Vendor will provide copies of any contracts or agreements with the manufacturer(s) with respect to pricing, discounts, rebates, etc., or bring such records to the University for inspection, upon request. (See 11.0 - Method of Bid.)

The audit process may be conducted two (2) times yearly, or as needed if determined that the University is not being billed in accordance with Contract terms. All records necessary to verify the validity of pricing must be kept by the Vendor for eight (8) months following an audit period. These audits may also include a review of the Vendor's facilities to verify proper product storage. State the name of the Representative, address, e-mail address, telephone and fax numbers, who will coordinate and facilitate the audit process. ___________________________________



It shall be the Vendor’s responsibility to provide product and/or sales data by item or category, periodically during the Contract or at its close, upon University request.


The Contract may be terminated for the following reasons upon written thirty (30) day notice by the University Purchasing

Office, citing cause and effective date: product deficiencies, unacceptable delivery service (excessive late deliveries, backorders and/or short shipments, etc.), excessive price increases, failure to adhere to percentages quoted over Vendor cost, continual billing errors, occurrence of which is not corrected after notification by the University, resulting in significant additional labor by the University in processing payments and delay in the payment process, or any other just cause as determined by the University.

Should the Vendor choose to terminate the contract, a thirty (30) day written notice to the Contract Manager is required.


Bidders are expected to raise any questions and/or exceptions they have concerning the RFB document no later than one (1) day before the bid due date. If the Bidder discovers any significant ambiguity, error, conflict, discrepancy, or other deficiency in this RFB, the Bidder should immediately notify the Procurement

Manager listed below of such error and request modification or clarification of the RFB document.

Email is preferred to: [email protected]

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Procurement Manager:

University of Wisconsin - Milwaukee

Catherine Greenwood

P.O. Box 777

Milwaukee, WI 53201-0777

All communication on all matters and all questions regarding this bid during the bidding process must refer to “Request for Bid

#C3-28-O” and be directed to Catherine Greenwood – Procurement


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.

Any contact with University employees concerning this RFB is prohibited, except as authorized by the Procurement Manager during the period from date of release of the RFB until the notice of intent to Contract is released.


Proposals from Certified Minority Business Enterprises

(“MBE”) may have points weighted by a factor of 1.00 to 1.05 to provide up to a five percent (5%) preference to these businesses. (Wis. Stats. 16.75(3m). The University reserves the right to verify a firm's minority status.


The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and


that want to sell to the state. Anyone may access VendorNet on the Internet at

to get information on state purchasing practices and policies, goods and services that the state buys, and tips on selling to the state. Vendors may use the same Web site address for inclusion on the

Bidder’s list for goods and services that the organization wants to sell to the state. Registration of your organization’s NIGP Codes guarantees an e-mail message each time any state agency, including any campus of the

University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $50,000. Organizations without Internet access receive paper copies in the mail.

Increasingly, state agencies also are using VendorNet to post simplified bids valued at $50,000 or less. Vendors also may receive e-mail notices of these simplified bid opportunities. The registration to VendorNet is free of cost.

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The Vendor performing service for the State of Wisconsin shall maintain insurance as follows and provide a certificate upon request:

Worker’s compensation insurance, as required by Wisconsin

Statutes, for all employees engaged in the work

Commercial liability 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.

Motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out the Contract.

Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage.

The vendor shall add the ‘Board of Regents of the University of Wisconsin System, its officers, Employees, and agents” as an additional insured under the commercial general liability policy.


All applicable terms and conditions, i.e. license agreements, acknowledgements, conditions of sale, etc., must be submitted with the bid form for review and eligibility for inclusion in the

Contract as effective and binding. Such terms and conditions are subject to modification by the University for compliance with the



Terms and Conditions (Form DOA 3054).

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Furnish and deliver a diverse line of nationally recognized brand name products for resale in accordance with the following categories. The attached product list is representative of the items currently being purchased, but might not be all inclusive.

State percentage quoted over Vendor’s Net Cost (includes shipping and all other charges unless otherwise indicated on following page) for each product category.

Candy, Gum ______%

Snack Products ______%


Drug Products





Grocery ______%

Bakery ______%

Beverages ______%


quoted must remain firm for entire Contract period.

(See Section 12.0 – Price Guarantee).

Bidders are to submit two (2) copies of the current and complete product price list. State whether the unit prices shown are the cost of the Bidder____________or the University__________

During the Contract period it is of preference that the

University be provided with net prices that reflect the percentages quoted, and any additional charges listed in Section

II – Itemized Specification Bid List along with any applicable discounts.

State whether the unit prices will or will not reflect net pricing. Please note that it must be consistent on both:

On the periodic product/price lists for the order departments:

______________ Yes__________No

On the invoices during the Contract:


State any charges in excess of the Vendor cost which would appear on an invoice (e.g. case and/or shelf labels, computer ordering device, etc.). Indicate if a charge is one time, or if ongoing and the frequency of the charge. Invoice payments will be limited to the following charges so listed at the time of bid:

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FREQUENCY CHARGE (assuming 48 orders per annum)

_____________________ $_______

_____________________ $_______



_____________________ $_______

_____________________ $_______

_____________________ $_______




Describe the computer-based order system to be provided. Include manufacturer, model number and descriptive literature:






Minimum Order:

State, if applicable, and the

__________Yes_______No $____________________ minimum amount:

State the charge per order if the minimum isn’t met:


Promotional Pricing/Deals: State policy and program whereby the

Vendor shall extend such benefits by the manufacturer(s), distributor(s) and/or broker(s) to the University, i.e. weekly special books, deal sheets, rebates, etc.:

Policy available:____________Yes______________No

Describe Program:_______________________________________________





State policy for 1) Return of goods and 2) Restocking charge per item, if applicable, as a percent or dollar amount, and 3) Method for return and reimbursement (credit, product exchange, etc.) for the following:

Nonperishable product: 1)____Yes ___No 2) Restocking charge via

_____% or dollar charge $_____


Refrigerated, frozen: 1)____Yes ___No Restocking charge via

_____% or dollar charge $_____


Damaged product: 1)____Yes ___No Restocking charge via _____% or dollar charge $_____


Out of date product: 1)____Yes ___No Restocking charge via

_____% or dollar charge $_____


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Holiday candy: 1)____Yes ___No Restocking charge via _____% or dollar charge $_____


University order error: 1)____Yes ___No Restocking charge via

_____% or dollar charge $_____


State 1) the ability to provide marketing materials and/or demonstration of new products (See Marketing - 13.0) and 2)method of provision:

1) Policy: ___________Yes __________ No

2) Describe program:



State discount programs available and define, if applicable (e.g. order units of cases or boxes versus eaches, etc.):___________________________________________________________


State your ability to limit the product/pricelist information to the specified product line during the Contract, rather than the

Vendor’s total product line: _______________Yes________________No

State whether perishable (frozen, refrigerated) goods would be delivered in a separate shipment or with the primary order:_______________________Separate_____________________Primary

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See attached Product Sampling List Based on Volume for items that will be used in bid analysis.

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Standard Terms And Conditions (Request For Bids / Proposals)

Wisconsin Department of Administration Chs. 16, 19, 51 Wis. Stats. DOA-3054 (R10/2005, with UW Milwaukee Revisions dated 10/8/2007)


SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The State of Wisconsin shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal.


DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable.


QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the State of



QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right to increase or decrease quantities to meet actual needs.


DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified.


PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts.

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).


UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act.


ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the

State of Wisconsin.

Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid/proposal is due. Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a bid/proposal by the purchasing office.


METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified.


ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency.

No other purchase orders are authorized.


PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor invoices within thirty

(30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified.

Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing.

A good faith dispute creates an exception to prompt payment.


TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below.

The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of

Wisconsin sales or use tax on its purchases. The State of

Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials.


GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the contractor liable for all costs in excess of the contract price when alternate procurement is necessary.

Excess costs shall include the administrative costs.


ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority.


APPLICABLE LAW AND COMPLIANCE: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax.

The State of Wisconsin also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts.

Page 1 of 3

Standard Terms And Conditions (Request For Bids / Proposals)

Wisconsin Department of Administration Chs. 16, 19, 51 Wis. Stats.

DOA-3054 (R10/2005, with UW Milwaukee Revisions dated 10/8/2007)


ANTITRUST ASSIGNMENT: The contractor and the State of

Wisconsin recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser). Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract.


ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the prior written consent of the State of Wisconsin.


WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals.


NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s.

51.01(5), Wis. Stats., sexual orientation as defined in s.

111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities.

19.1 Contracts estimated to be over twenty-five thousand dollars

($25,000) require the submission of a written affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor has a workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is awarded, the contractor must submit the plan to the contracting state agency for approval.

Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency.

19.2 The contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law.

19.3 Failure to comply with the conditions of this clause may result in the contractor's becoming declared an "ineligible" contractor, termination of the contract, or withholding of payment.


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.


SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the State of Wisconsin must comply fully with all safety requirements as set forth by the Wisconsin

Administrative Code and all applicable OSHA Standards.


WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the bidder/proposer for one

(1) year from date of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the contractor.


INSURANCE RESPONSIBILITY: The contractor performing services for the University shall provide the University a Certificate of Insurance with the required coverage and limits of insurance issued by an insurance company that has an AM Best Rating of A-

, is licensed to do business in the State of Wisconsin, and signed by an authorized agent. The contractor 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 University reserves the right to require higher or lower limits where warranted.

23.4 The contractor shall add the "Board of Regents of the

University of Wisconsin System, its officers, employees, and agents" as an additional insured under the commercial general liability policy.

23.5 All policies of insurance shall contain a covenant requiring sixty (60) days written notice by the insurer and sent to the

University Risk Manager, before cancellation, reduction or other modifications of coverage. The insurance certificate shall be for the initial contract period and shall be renewed by the contractor for each subsequent renewal period of the contract.

23.6 In the event of non-renewal, cancellation, or expiration, the contractor shall provide the University evidence of the new source(s) of required insurance within twenty-one (21) calendar days after the University's receipt of the sixty (60) day notice. Failure to maintain the required insurance in force may be cause for contract termination.

23.7 In the event that the contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to cancel and terminate the contract without notice.


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.


VENDOR TAX DELINQUENCY: Vendors who have a delinquent

Wisconsin tax liability may have their payments offset by the State of Wisconsin.

Page 2 of 3 Pages

Standard Terms And Conditions (Request For Bids / Proposals)

Wisconsin Department of Administration Chs. 16, 19, 51 Wis. Stats.

DOA-3054 (R10/2005, with UW Milwaukee Revisions dated 10/8/2007)


PUBLIC RECORDS ACCESS: It is the intention of the state to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities.

Bid/proposal openings are public unless otherwise specified.

Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract.


PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request, must be clearly stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable State of

Wisconsin procurement regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted.

However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation.

27.1 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the property of the State of Wisconsin.

27.2 Any material submitted by the vendor in response to this request that the vendor considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of

Confidential and Proprietary Information form (DOA-3027).

Bidders/proposers may request the form if it is not part of the Request for Bid/Request for Proposal package.

Bid/proposal prices cannot be held confidential.


DISCLOSURE: If a state public official (s. 19.42, Wis. Stats.), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state unless appropriate disclosure is made according to s.

19.45(6), Wis. Stats., before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 East

Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone


State classified and former employees and certain University of

Wisconsin faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis. Stats.


RECYCLED MATERIALS: The State of Wisconsin is required to purchase products incorporating recycled materials whenever technically and economically feasible. Bidders are encouraged to bid products with recycled content which meet specifications.


MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material

Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s).



Reference to or use of the State of Wisconsin, any of its departments, agencies or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the State of Wisconsin. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency.


HOLD HARMLESS: The contractor will indemnify and save harmless the State of Wisconsin and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the contractor, or of any of its contractors, in prosecuting work under this agreement.


FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the

Wisconsin Department of Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial

Institutions, Division of Corporation, P. O. Box 7846, Madison, WI

53707-7846; telephone (608) 261-7577.


WORK CENTER PROGRAM: The successful bidder/proposer shall agree to implement processes that allow the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to purchase goods and services produced by work centers certified under the State Use Law, s.16.752, Wis. Stat.

This shall result in requiring the successful bidder/proposer to include products provided by work centers in its catalog for State agencies and campuses or to block the sale of comparable items to State agencies and campuses.


FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this Agreement in accordance with reasonable control and without fault or negligence on their part.

Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, 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.


Contractor shall not report or release information concerning UWM or its students, employees or customers to third parties without UWM's prior written approval. Any such report or release of information shall, at a minimum, comply with those requirements enumerated in the

Gramm-Leach-Bliley Act, 15 USC 6801 et seq., UWM's standards for safeguarding such information, and all other applicable laws regarding consumer privacy

Page 3 of 3 Pages


DOA-3477 (R05/98)

Bid / Proposal #

Commodity / Service




Phone ( )

FAX ( )



Toll Free Phone

E-Mail Address

( )




2. Name the person to contact for questions concerning this bid / proposal.

Name Title

Phone ( )

FAX ( )

Toll Free Phone

E-Mail Address

( )


Zip + 4

Zip + 4

3. 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 ( )

FAX ( )

Toll Free Phone

E-Mail Address

( )


City State Zip + 4

4. Mailing address to which state purchase orders are mailed and person the department may contact concerning orders and billings.

Name Title

Phone ( )

FAX ( )

Toll Free Phone

E-Mail Address

( )


City State Zip + 4

5. CEO / President Name


DOA-3478 (R12/96)



Bid/Proposal #

Provide company name, address, contact person, telephone number, fax number, e-mail address and appropriate information on the product(s) and/or service(s) used for four (4) or more installations with requirements similar to those included in this solicitation document. If vendor is proposing any arrangement involving a third party, the named references should also be involved in a similar arrangement.

Company Name

Address (include Zip + 4)

Contact Person Phone No.

E-Mail Address

Product(s) and/or Service(s) Used

Fax No.

Company Name

Address (include Zip + 4)

Contact Person

E-Mail Address

Product(s) and/or Service(s) Used

Company Name

Address (include Zip + 4)

Contact Person

E-Mail Address

Product(s) and/or Service(s) Used

Company Name

Address (include Zip + 4)

Contact Person

E-Mail Address

Product(s) and/or Service(s) Used

Phone No.

Fax No.

Phone No.

Fax No.

Phone No.

Fax No.

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