12-0074 Request for Bid Package

12-0074 Request for Bid Package

University of Wisconsin - Madison

REQUEST FOR BID

THIS IS NOT AN ORDER

OFFICIAL SEALED

BID NUMBER: 12-0074

ISSUE DATE: 4/9/12

DUE DATE: 4/19/12 2:00 PM CDT

AGENT: Jeff Whitman

Questions regarding this bid

see Section 3.1

For Submittal of Bid Instructions

– see Section #1.

Bid prices and terms shall be firm for sixty (60) days from the date of bid opening, unless otherwise specified in this

Request for Bid by the UW-Madison Purchasing Services.

Unless otherwise noted, public openings will be on the date and time specified. Award(s), if any, will be made as soon thereafter as possible.

The bid abstract will be on file and is open to public

If

NO BID

(check here) and return.

inspection only after award determination has been made.

DESCRIPTION

Titanium Sapphire (Ti:Sa) Laser

In signing this bid, we have read and fully understand and agree to all terms, conditions and specifications and acknowledge that the UW-Madison Purchasing Services bid document on file shall be controlling. We certify that we have not, either directly or indirectly, entered into any contract 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 stated statement is accurate under penalty of perjury. I certify that the information I have provided in this bid is true and I understand that any false, misleading or missing information may disqualify the bid.

COMPANY NAME:

COMPANY STREET ADDRESS:

COMPANY CITY, STATE & ZIP:

SIGNATURE: DATE :

TYPE OR PRINT NAME:

TITLE:

TELEPHONE NUMBER: ( )

EMAIL ADDRESS:

FEIN NUMBER:

DUNS #:

FAX NUMBER: ( )

UNIVERSITY OF WISCONSIN BID NO.: 12-0074

TABLE OF CONTENTS

SECTION #1: SUBMITTAL INSTRUCTIONS

SECTION #2: GENERAL INFORMATION

2.1

2.2

2.3

Purpose

Definitions

Affirmative Action

2.4 Wisconsin Sales and Use Tax Registration

2.5 VendorNet

2.6 Campus Delivery Requirements

2.7 Parking

2.8 Promotional Materials/Endorsements

2.9 Supplier Diversity

SECTION #3: RFB PROCESS INSTRUCTIONS

3.1

3.2

3.3

3.4

Clarifications and/or Revisions through Designated Contact

Applicable Dates

Conflict of Interest

Oral Presentations, Product Demonstrations and Site Visits (Pre Award)

3.5 Proprietary Information

3.6 Reasonable Accommodations

3.7 Method of Bid

3.8 Method of Award

SECTION #4: BIDDER QUALIFICATIONS

4.1

4.2

Bidder Contact Information

Bidder Experience

4.3

4.4

4.5

4.6

Authorization

Client List/References

Fair Price Analysis

Debarment

SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 F.O.B. Destination Freight Prepaid Included and Installed

–AND-

5.1 On Site Service

5.2

5.3

5.4

5.5

5.6

5.7

5.8

5.9

Timeliness of Delivery

Acceptance and Testing (Post Award)

Payment Terms

Shipments, Duplicates and Overshipments

Training

Insurance

Subcontracting

Executed Contract to Constitute Entire Contract

SECTION #6: SPECIFICATIONS

6.2 Warranty

6.3 Maintenance and Repair

6.5 Demonstration Equipment

6.6 Employee Identification

6.7 Cables

ATTACHMENT A BIDDER RESPONSE SHEET

ATTACHMENT B SPECIFICATIONS

ATTACHMENT C ITEMIZED BID LIST

ATTACHMENT D CLIENT REFERENCE LIST

ATTACHMENT E BIDDER INFORMATION SHEET

ATTACHMENT F STANDARD TERMS AND CONDITIONS

8

9-10

PAGE

1-2

6-7

3-5

11

12-14

15

16

17

18

19-23

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 12-0074

PAGE 1 OF 23

INTRODUCTION

SECTION #1: SUBMITTAL INSTRUCTIONS

BIDS MUST BE MAILED TO:

Purchasing Services, 21 N. Park Street, Suite 6101, Madison, WI 53715-1218.

NUMBER OF COPIES TO BE SUBMITTED:

Two (2) hard copies of the completed bids, including the signed original, may be mailed, delivered by Bidder, or by a thirdparty/courier service in a sealed envelope or package with the RFB number on the outside. Bids must be received and date/time stamped prior to 2:00 p.m. CDT on the stated bid due date. Bids not so date/time stamped shall be considered late. Late bids shall be rejected.

If hand delivering, call 608-262-1526 for assistance upon arrival.

The University will accept completed bids faxed to (608) 262-4467 or e-mailed to

[email protected]

provided (i) they are date/time stamped prior to 2:00 p.m. CDT on the stated bid due date.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

1.1 BID RESPONSE REQUIREMENTS:

BID NO.: 12-0074

PAGE 2 OF 23

In order for your bid to be considered, the following forms/information must be completed and submitted as part of your bid response. Failure to provide these forms/information with your bid submittal may disqualify your bid.

1.

2.

3.

4.

Request for Bid Form

(signed)

Bidder Response Sheet (including attachments as requested on Bidder Response Sheet) (Attachment A)

Specifications, descriptive brochure and detail for the item(s) bid (Section 6) (Attachment B)

Itemized Bid List (Attachment C)

5.

6.

Client Reference List (Attachment D)

Bidder Information Sheet (Attachment E)

1.2 PLEASE SEND TWO (2) COMPLETE SETS OF YOUR BID

(If faxing or e-mailing your bid, one copy is sufficient

do not

submit twice).

RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 12-0074

PAGE 3 OF 23

SECTION #2: GENERAL INFORMATION

Conditions of bid which include the word “must” or “shall” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification, condition of bid or provide a specific item/service on the Itemized Bid List, Purchasing reserves the right to delete that specification, condition of bid or item without having to complete the bid process again. FAILURE TO MEET A

MANDATORY REQUIREMENT SHALL DISQUALIFY YOUR BID. This contract bid document and the awarded bidder’s (Contractor’s) response information shall become the Contract.

2.1 Purpose:

The University of Wisconsin-Madison, hereinafter referred to as the "University", through its Purchasing Services

Department, hereinafter referred to as "Purchasing," on behalf of the Department of Physics hereinafter referred to as

“Physics” requests bids for the purchase of a Ti: Sapphire Laser for generating single frequency light.

Scope:

See Specifications (Section 6 and Attachment B) and/or Itemized Bid List (Attachment C) for the minimum acceptable specifications for items/services desired. The estimated item quantities identified on the Itemized Bid

List are for bid purposes only. The University does not guarantee to purchase any specific quantity or dollar amount.

2.2 Definitions:

The following definitions are used throughout this document:

Agent

means UW Madison Purchasing Agent responsible for this Request for Bid. Full contact information can be found in Section 3.1.

Bidder

means a firm submitting a bid in response to this Request for Bid

Contractor

means successful Bidder awarded the bid.

Department

means UW-Madison Department of Physics.

MBE

DVB

RFB

means Minority Business Enterprise.

means Disabled Veteran-Owned Business.

means Request for Bid.

State

means State of Wisconsin.

University

and

UW

both mean University of Wisconsin-Madison.

WBE

means Woman-Owned Business Enterprise.

2.3 Affirmative Action:

As a State agency, the University requires contractors issued any purchase order exceeding $25,000.00

to provide an Affirmative Action Plan. Failure to comply appropriately with these requirements

may lead to your company being banned from doing business with any agency of the State of Wisconsin

. Additionally, failure to comply with this requirement may result in termination of this contract and withholding of payment. On the Bidder

Response Sheet please provide the requested information.

For additional information see Section 17.0 of the Standard Terms and Conditions

( http://www.bussvc.wisc.edu/purch/stdterms1.html

).

Some exceptions may apply. FAQ info is available at: http://www.bussvc.wisc.edu/purch/VendorInfo/AffAction/AffirActionInfo.html

. Instructions for completing a plan are available upon request.

2.4 Wisconsin Sales and Use Tax Registration:

No award can be made to a vendor who is not in compliance with Sec. 77.66 of the Wisconsin State Statutes

( vendornet.state.wi.us/vendornet/wocc/certtax.asp

) relating to sales and use tax certification.

If you have not established a certification for Collection of Sale and Use Tax status with the Wisconsin Department of Revenue, the University and any other state agency can not issue any purchase orders to your firm. For additional information see http://www.dor.state.wi.us/html/vendlaw.html

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 12-0074

PAGE 4 OF 23

2.5 VendorNet:

The State of Wisconsin has implemented a web-based registration system called “

VendorNet

” to enable registered vendors to receive notice of all Official Sealed Bids/Request for Proposals (over $50,000.00) as solicited by all state agencies.

To obtain information on the state’s bidder registration, please visit the

VendorNet

Web site at http://vendornet.state.wi.us

or call the VendorNet Information Center (1-800-482-7813). In the Madison area, please call 264-7898.

2.6 Campus Delivery Requirements:

2.6.1 Delivery of orders shall be made to University departments five days per week, Monday through Friday, during normal University business hours.

2.6.2 The University of Wisconsin-Madison no longer permits access to trucks over 30 ft. in length on several designated streets on this campus. The exceptions are trucks necessary for the delivery or pick up of perishable commodities, private construction vehicles, vehicles carrying radioactive materials, and campus service vehicles. For specific policy language, a campus map and restrictions, see the University

Transportation Services website at http://transportation.wisc.edu/resources/large_truck.aspx

.

2.6.3 This contract requires that Contractor deliver goods to the stated delivery address in accordance with the 30’ truck policy referenced in Section 2.6.2 above. Any unique delivery arrangements must be pre-approved by contacting the ordering department or Material Distribution Services (MDS) at (608) 497-4432 . MDS reserves the right to charge Contractor reasonable material handling fees for any deliveries they make for the Contractor.

2.7 Parking:

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UW Transportation Services at 610 N. Walnut Street, WARF Building Room

#120, Madison, WI 53726 (608) 263-6667. No additional Contractor costs will be allowed for parking fees or violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed and/or towed.

2.8 Promotional Materials/Endorsements:

Contractor agrees that they will not use any promotional or marketing material which states expressly or implies that the University

endorses

either the Contractor or any party related to the Contractor or this Contract.

2.9 Supplier Diversity

2.9.1 Minority Business Enterprise Program (MBE)

The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses.

Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin

Statutes. The University of Wisconsin-Madison is committed to the promotion of minority business in the state's purchasing program.

The State of Wisconsin policy provides that minority-owned business enterprises certified by the

Wisconsin Department of Commerce, Bureau of Minority Business Development 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 minority-owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises.

The supplier/contractor shall furnish appropriate information about its effort to achieve this goal, including the identities of such enterprises certified by the Wisconsin Department of Commerce and their contract amount.

A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Office of the Minority Business Program, 608/267-7806.

The listing is published on the Internet at: http://doa.wi.gov/mbe/minority_search.asp?locid=0

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

2.9.2 Woman Owned Business (WBE)

BID NO.: 12-0074

PAGE 5 OF 23

The State of Wisconsin is committed to the promotion of Woman-Owned Businesses as outlined in

560.035, Wisconsin Statutes.

The State of Wisconsin policy provides that Woman-Owned Businesses certified by the Wisconsin

Department of Commerce 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 Woman-Owned Businesses or by using such businesses to provide goods and services incidental to this agreement.

2.9.3 Disabled Veteran Owned Business (DVB)

The State of Wisconsin policy provides that Disabled Veteran-Owned businesses certified by the

Wisconsin Department of Commerce 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 Disabled Veteran-Owned businesses or by using such enterprises to provide goods and services incidental to this agreement.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 12-0074

PAGE 6 OF 23

SECTION #3: RFB PROCESS INSTRUCTIONS

3.1 Clarifications and/or Revisions through Designated Contact:

All communications and/or questions in regard to this request should be in writing and must reference the bid number. Bidders are encouraged to FAX or e-mail written questions to the Agent. Verbal questions, when permitted, must be directed to the Agent.

If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this

RFB, they have

five (5)

business days after the bid issue date and time to notify, in writing, the Agent at the address shown below of such error and request modification or clarification of the RFB document. All written questions will be responded to in writing and provided to all bidders.

ADMINISTRATIVE: Jeff Whitman

UW Purchasing

21 N Park St, Suite 6101

Madison, WI 53715-1218

E-mail: [email protected]

PHONE 608/262-6120 -- FAX 608/262-4467

TECHNICAL: Mark Saffman

E-mail: [email protected]

PHONE 608/265-5601

If a Bidder fails to notify the Purchasing Office of an error in the RFB document which is known to the Bidder, or which should have reasonably been known to the Bidder, then the Bidder shall submit a bid response at the

Bidder’s risk and if awarded a contract, shall not be entitled to additional compensation or delivery or installation time by reason of the error or its later correction.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, amendments and revisions will be provided to all recipients of this initial RFB.

3.2 Applicable Dates:

Date Event

April 9, 2012

April 13, 2012

April 19, 2012 -- 2:00 PM CDT

3.3 Conflict of Interest:

Date of Issue of the RFB

Written questions due

RFB Due Date (Local Madison

Time)

By submitting a bid, the bidder certifies that no relationship exists between the bidder and the University that interferes with fair competition or is a Conflict of Interest, and no relationship exists between such bidder and another person or firm that constitutes a Conflict of Interest. Further, bidder certifies that no employee of the

University whose duties relate to this request for bid assisted the bidder in preparing the bid in any way other than in his or her official capacity and scope of employment.

3.4 Oral Presentations, Product Demonstrations and Site Visits (Pre Award)

The University, at its sole discretion, may require oral presentations, product demonstrations and/or vendor location site visits to supplement the bids. Failure of a bidder to conduct a presentation on the date scheduled or allow an on-site/vendor site visit may result in rejection of the bid. Oral presentations cannot be used as an opportunity to alter bids submitted.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 12-0074

PAGE 7 OF 23

3.5 Proprietary Information:

Any information contained in the Bidder’s response that is proprietary must be detailed separately on form DOA-

3027.

Marking of the entire response as proprietary will neither be accepted nor honored. The University cannot guarantee that all such material noted remains confidential, particularly if it becomes a significant consideration in contract award

. Information will only be kept confidential to the extent allowed by State of

Wisconsin Public Disclosure Law (refer to Standard Terms and Conditions, Section 27.0). A copy of the form needed to designate portions of your submission as proprietary can be found at: http://vendornet.state.wi.us/vendornet/doaforms/doa-3027.doc

3.6 Reasonable Accommodations:

The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations for your site visit, contact Agent.

3.7 Method of Bid:

Bidder must submit a

net unit price

and an

US dollars unless otherwise indicated.

extended net total

for the item specified. Prices listed should be in

-AND-

Custom charges/fees should not be included in the bid price. The University will be responsible for obtaining custom charges/fees and will determine the customs broker to be used for entry into the United States. Failure to eliminate these costs from your bid may result in disqualification of your bid. If these charges are identified in your bid, they will be deducted from your total bid price for award consideration. Custom charges will

not

be paid under any circumstances.

3.8 Method of Award:

Award(s) shall be made on the basis of the lowest

extended net total for the individual line item

which is judged to be in the best interest of the University. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified.

Supplier Diversity Preferences

State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE), or Disabled

Veteran-Owned Business (DVB) firms submitting the lowest qualified bid when that qualified bid is not more than

5% higher than the apparent low bid or the proposal is no more than 5% lower than the apparent high point score.

Authority for this program is found in ss. 16.75(3m)(b)2,3, 16.75(3m)(c)(4) and 560.0335(1)(b)(3), 15.107(2),

16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes.

The University will obtain an es timate from the University’s contracted customs broker for duty fees, port of entry documentation fees, customs clearance charge, tax, etc. and add these additional costs to all applicable bids and used in the evaluation for award.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 12-0074

PAGE 8 OF 23

SECTION #4: BIDDER QUALIFICATIONS

To be eligible for a Contract award, you must be qualified and able to provide the following as required or your bid will be disqualified

(respond on "Bidder Response Sheet".)

4.1 Bidder Contact Information:

Bidder must designate a person(s) to provide information on: Supplier Diversity, Affirmative Action and Sales

Representative. (See Attachment A

– Bidder Response Sheet)

4.2 Bidder Experience:

Bidder company or its principals must be in the business of providing Laser item/service and must have done so for the past 5 years.

4.3 Authorization:

Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer with service and repair capabilities for the item. (On Bidder Response Sheet identify account number with manufacturer, as applicable.)

-OR-

Bidder must have an account with an authorized parts dealer. (See Bidder Response Sheet).

4.4 Client List/References:

Bidder must supply with their bid a client list of three (3) firms to which similar items/services have been provided during the past three (3) years to a comparable sized institution or company (see Attachment D). If contacted, information received from those clients will be used to determine whether bidder can reasonably meet contract requirements and specifications. Client references may be used in the award consideration.

4.5 Fair Price Analysis:

Purchases made under this contract may require further fair price analysis if only one bidder responds. Bidders should identify on the Bidder Response Sheet the type of documentation they will provide (i.e. published price list, list of previous buyers, etc.) to allow the University to complete this analysis. The awarded Bidder will be required to provide this documentation prior to the order being issued.

4.6 Debarment:

Federal Executive Order (E.O.) 12549 “Debarment“ requires that all contractors receiving individual awards, using federal funds, and all subrecipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. By signing this document you certify that your organization and its principals are not debarred. Failure to comply or attempts to edit this language may disqualify your bid.

Information on debarment is available at the following websites: www.epls.gov

and https://www.acquisition.gov/far/current/html/Subpart%209_4.html

.

.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 12-0074

PAGE 9 OF 23

SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 F.O.B. Destination Freight Prepaid Included and Installed:

Items are to be installed at 1150 University Ave., Madison WI 53706. F.O.B. DESTINATION FREIGHT PREPAID

INCLUDED AND INSTALLED. Bid prices must include all packing, freight, insurance, set-up, instruction and operation manual charges. Items must be set in place connected to utilities as applicable, installed in the area designated by University personnel, demonstrated to be in operating condition, and approved by University personnel. All debris must be removed from the University premises and properly disposed of by the Contractor.

Upon installation, all operating instructions and operating and maintenance manuals must be furnished to

University personnel as identified.

Delivered Duty Unpaid (DDU). Bidders must include costs from bidders door to port of destination and local delivery charges. The University will be responsible for all United States duty fees, port of entry documentation fees, custom clearance, tax, etc., if applicable.

Please indicate on the Bidder Response Sheet the Country of Origin and Shipping Point.

NOTE:

As necessary, awarded Contractor must use the University's contracted customs broker, identified on the purchase order.

-AND-

Failure to bid FOB Destination Freight Prepaid Included and Installed in price may disqualify your bid.

5.1 On Site Service:

In carrying out the scope of this Contract, the Contractor shall be required to perform services on University property. Bidders cost must include all transportation charges.

5.2 Timeliness of Delivery:

Delivery is desired as soon as possible after receipt of an order. Please state on the Bidder Response Sheet when delivery can be made. Timeliness of delivery may be used in evaluation for bid award.

5.3 Acceptance and Testing (Post Award)

Acceptance testing will occur within 15 days after the equipment has been installed. Acceptance testing will be performed by the University and will consist of verification of the specifications and performance requirements.

If the equipment does not meet specification or performance requirements, the Contractor will have 15 days to meet requirements. If after this time period the equipment still does not meet specifications or performance requirements, the Contractor agrees to remove the equipment and return any payments that may have been made.

Mark Saffman, or his designee, is the only authorized person who can sign an acceptance form. The warranty period will begin following the successful acceptance testing.

5.4 Payment Terms

Payment will not be made until the item/service is determined to meet all specifications and has been accepted by the University of Wisconsin-Madison. The University will pay the Contractor Net 30 days as accepted by the

University.

5.5 Shipments, Duplicates and Overshipments:

Upon notification by the University of a duplicated order or overshipment, the items identified must be removed at the Contractor's expense. If the duplicated or overshipment items are not removed within 30 days of written notification, the University reserves the right to dispose of them as its own property and shall not be held liable for any cost for the items.

5.6 Training:

If requested, Contractor must provide personnel with instructions on set-up and operation of the items at no charge to the customer. Training requirements will be negotiated with the Contractor if not specified in the bid specifications.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

5.7 Insurance:

The Contractor shall maintain insurance levels as required in Standard Terms and Conditions, Section 22.0. A certificate of insurance must be provided upon award.

BID NO.: 12-0074

PAGE 10 OF 23

The Contract or 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, automobile liability policies.”

5.8 Subcontracting:

5.8.1 Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any Subcontractor without prior written approval by Purchasing. Upon request

Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#, SS#) and signed W-9 form.

5.8.2 The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. University reserves the right to assess Contractor

L iquidated Damages in excess of the contract amount for Subcontractor’s failure to perform or inability to complete required project milestones.

5.8.3 Subcontractors must abide by all terms and conditions under this Contract.

5.8.4 If Subcontractors are to be used, the Contractor must clearly explain their participation, deliverables, and project milestones prior to commencing work.

5.9 Executed Contract to Constitute Entire Contract

The University's Request for Bid the bid responses, written communications and this Contract constitute the entire

Contract between the parties. The hierarchy of documents in descending order for resolution is as follows:

A. Official Purchase Order (when applicable)

B. Original Request for Bid Number 12-0074, dated April 9, 2012 including amendments/attachments

C. Bidder response to RFB

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 12-0074

PAGE 11 OF 23

SECTION #6 SPECIFICATIONS

SPECIFICATIONS OF ITEM(S)/SERVICE(S) TO BE PROVIDED: (see Attachment B)

See Specifications (Section 6 and Attachment B) and/or Itemized Bid List (Attachment C) for the minimum acceptable specifications for item(s)/service(s) desired. If you are bidding alternate item(s)/service(s), provide complete specifications, documents and materials showing performance features and details for the item(s)/service(s) you propose to furnish for the item(s)/service(s) being bid. For alternate item(s)/service(s) being bid, the Bidder must clearly identify by manufacturer’s name, catalog and model number. See Standard Terms and Conditions, Sections 1.0, 2.0, 3.0 and 5.1.

Failure to provide product specifications and information for item(s)/service(s) bid may disqualify your bid. The University will be the sole judge of equivalent acceptability between Bidders responses.

UW Specifications may not be revised without an official written amendment issued by Purchasing.

6.1

The Bidder’s response must be clearly identified by manufacturer and catalog/model/stock number and/or appropriate identification as requested on the Itemized Bid List. Adequate detailed specifications of the item(s)/service(s) being offered or bid must be included with your bid to insure that the item(s)/service(s) being bid can be compared to determine if the item(s)/service(s) meet all specifications.

6.2 Warranty:

6.2.1 Contractor must honor, at a minimum, the manufacturer's standard warranty on items and/or parts purchased under this contract. Bidder must indicate warranty term on Bidder Response Sheet and enclose standard warranty documents with your bid.

6.2.2 Contractor must use only manufacturer trained personnel

6.3

Maintenance and Repair

: for this contract.

6.3.1 Service and/or maintenance of this equipment may be required. Indicate on the Bidder Response Sheet whether work is performed on your site or ours, response time on any work requested, the number of miles your site is from ours, if work is performed on your site.

-OR-

6.3.1 Contractor must perform all maintenance on site unless University grants permission to remove equipment from site.

6.3.2 Contractors must have access to replacement parts within 5 days to service all machines identified under this bid.

6.3.3 Contractor shall provide unlimited call-back maintenance service during normal business hours.

6.4 Purchasing shall have the option to contract with another vendor to repair or service machines if Contractor is unable to repair equipment for any reason or make necessary repairs on a timely basis.

6.5 Demonstration Equipment:

Demonstrator product (not reconditioned, refurbished or remanufactured models) may be acceptable for this bid if full new product warranties are offered.

6.6 Employee Identification:

All C ontractor’s employees, while working on University property, must wear a clearly displayed photo identification badge or uniform showing name of employee and/or company represented. Any identification must be provided by the Contractor at the Contractor’s cost. Badges must be available but will not be required to be worn when protective clothing and respiratory protection is required.

6.7 Cables:

Any alternate product bid must be compatible with an capable of being interfaced with identical cables and connectors used with the specified equipment with no additional expense to the University to make the alternate product compatible with existing equipment.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 12-0074

PAGE 12 OF 23

ATTACHMENT A: BIDDER RESPONSE SHEET

NOTE:

This form

must be returned

with your bid response. Numbers for each question below refer to the corresponding section of this document that explains the requirement. Bidder may attach additional relevant information to their bid response; identify sections to which information applies.

==========================================================================================

Terms and Conditions

A contract will be awarded based on the criteria established in this bid. The Specifications, Special and Standard Terms and Conditions, Attachments to the bid document, Bidder response and any UW Madison Purchase Order will become the Contract between the University and the Contractor. Bidder must accept these Specifications, Special and Standard

Terms and Conditions or submit detailed and defined exceptions along with proposed alternative or additional language for each exception.

Submitting a standard Bidder Contract as a complete substitute or alternative for the language in this solicitation will not be accepted and may result in reje ction of the vendor’s bid.

The University reserves the right to negotiate contractual terms and conditions or reject the Bidder’s response and proceed to the next qualified bidder.

==========================================================================================

YES NO

1.1 Have you completed and returned all forms required?

1.2 Have you included

two (2)

complete sets of your bid?

(only one (1) copy required if faxing or e-mailing)

4.1 Bidder must designate a person(s) to provide information on: Supplier Diversity Reporting,

Affirmative Action, Questions on this RFB and Sales Representative.

SUPPLIER DIVERSITY

REPORTING:

CONTACT NAME PHONE NUMBER FAX NUMBER

Address:

E-mail:

AFFIRMATIVE ACTION: CONTACT NAME PHONE NUMBER FAX NUMBER

Address:

E-mail:

QUESTIONS ON THIS RFB:

Corporate Address:

E-mail:

CONTACT NAME PHONE NUMBER FAX NUMBER

SALES REPRESENTATIVE:

E-mail:

Website:

CONTACT NAME PHONE NUMBER FAX NUMBER

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 12-0074

PAGE 13 OF 23

4.2 Are you in the business of providing Laser items/services and has your company or its principals done so for the past 5 years ?

4.3 Are you an original manufacturer, authorized distributor, or dealer authorized by

Manufacturer with service and repair capabilities for the item?

(Identify account number with manufacturer, as applicable.)

Account # ___________________________

4.4 Have you provided a client list?

4.5 What type of documentation (i.e. published price list, list of previous buyers, etc.) will you provide to assist the University in its fair price analysis in the event there is only one bidder responding to the bid?

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

4.6 Do you certify that neither your organization nor your principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency?

5.1 Are you bidding all prices F.O.B. Destination Freight Prepaid Included and Installed?

(Be sure to read Section 5.1 carefully)

Country of Origin ___________________________________________

Shipping Point ____________________________________________

-AND-

YES NO

5.1

Are you bidding all prices On Site Service? (Be sure to read Section 5.1 carefully)

5.2 Please state delivery time ____ days After Receipt of Order (ARO).

5.4 Do you agree to terms regarding duplicates and overshipments?

5.6 Will you provide instructions on set-up and operation as required?

“The Board of Regents of the University of Wisconsin System, its officers, employees and agents are added as an ‘additional insured’ under the commercial general, automobile liability policies on any insurance certificate provided

”.

5.7 Will you provide insurance certificate(s) indicating coverage and agree to maintain coverage as required in 5.7 and have you added the following language to the insurance certificate?:

5.8 Do you agree to subcontracting terms and conditions?

6.1 Are you bidding items as specified on the Itemized Bid List?

If “

NO

”, include information on alternates as required in Section 6.1 with your bid response.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

6.2 Will you honor manufacturer standard warranty?

If

YES

, have you enclosed standard warranty documents?

Warranty term: __________________

BID NO.: 12-0074

PAGE 14 OF 23

6.2.1 Do you agree to minimum warranty as stated?

6.2.2 Will you use only manufacturer-trained personnel for this contract?

# of years of experience? ___________

6.3.1 Will you perform all maintenance or repair on site?

6.3.2 Will you have access to replacement parts within 5 days to service all machines listed?

6.3.3 Will you provide unlimited call-back maintenance service during normal business hours?

6.6 Will you agree to have all employees wear appropriate identification?

YES NO

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 12-0074

PAGE 15 OF 23

ATTACHMENT B: SPECIFICATIONS

SCOPE

The University of Wisconsin

– Madison, Department of Physics is requesting bids for a Ti:Sapphire Laser for generating single frequency light. The laser will be pumped by a Coherent Verdi V18 laser that we already have.

SPECIFICATIONS & INSTRUCTIONS FOR COMPLETING SPECIFICATION TABLE

The following specifications represent minimum acceptable requirement. Bidders must select either “yes” or “no” for each specification below. For any “No” Response, the bidder must provide a detailed written explanation indicating how this difference in specification would affect the performance of the product being bid. The University shall be the sole judge of acceptability.

4

5

6

7

ITEM DESCRIPTION

1 Output wavelength range: 725-950 nm with one set of optics

2

3

Output linewidth <10 MHz

Output Amplitude noise: <0.75% RMS above pump noise

8

9

Output Power with 10W pump >1.5W

Electronic frequency scan range >25 GHz

Laser head sealed to prevent environmental contamination

System includes all control electronics that are powered by standard AC wall voltage

System includes interface for computer control

System includes closed loop chiller for water cooling

MEET

SPECIFICATIONS

YES NO

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 12-0074

PAGE 16 OF 23

ATTACHMENT C: ITEMIZED BID LIST

Costs which are not specifically identified below will not be compensated under any Contract awarded pursuant to this

RFB.

ITEM QTY. DESCRIPTION

1. 1

Ti:Sapphire Laser

Manufacturer:

Model No.:

PRICE

$________________

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 12-0074

PAGE 17 OF 23

ATTACHMENT D - CLIENT REFERENCE LIST

Bidder Name:____________________________________________________________________________________

The Bidder must provide a minimum of three (3) business references.

1. Reference Name: _____________________________________________ Contact: ___________________________

Address: _____________________________________________________________________________________________

Phone #: ( ) ____________________ E-mail address_______________________________________________________

Fax/Internet address:____________________________________________________________________________________

Description and date(s) of commodities and services provided: __________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

2. Reference Name: _____________________________________________ Contact: ___________________________

Address: _____________________________________________________________________________________________

Phone #: ( ) ____________________ E-mail address_______________________________________________________

Fax/Internet address:____________________________________________________________________________________

Description and date(s) of commodities and services provided: __________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

3. Reference Name: _____________________________________________ Contact: ___________________________

Address: _____________________________________________________________________________________________

Phone #: ( ) ____________________ E-mail address_______________________________________________________

Fax/Internet address:____________________________________________________________________________________

Description and date(s) of commodities and services provided: __________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

References may be contacted to confirm the Bidder

’s abilities and qualifications as stated in the Bidder’s response. The University may perform due diligence by contacting any applicable business reference, including references from within the UW System. The University reserves the right to disqualify any Bidder whose references don’t support their stated claim of qualifications in their response.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 12-0074

PAGE 18 OF 23

ATTACHMENT E: BIDDER INFORMATION SHEET

VENDOR NOTE: THIS SECTION MUST BE COMPLETED AND THIS FORM RETURNED WITH YOUR BID

RESPONSE

1. In accordance with

Wisconsin Statutes

560.035, 560.0335 and 560.036, please indicate below if you are a

Wisconsin certified Minority Business Enterprise (MBE), Work Center (WC), Disabled Veteran-Owned

Business (DVB) or Woman-owned Business Enterprise (WBE) (see websites:

http://www.commerce.state.wi.us/bd/BD-MinorityandWomen.html

or

http://stateuseprogram.wi.gov/section.asp?linkid=1424&locid=65

).

____ Minority (MBE) ____ Work Center (WC) ____Disabled Veteran-Owned Business (DVB)

____ Woman Owned Business Enterprise (WBE) ___ Not applicable

(If no answer is indicated above, we will assume that you are none of the above when making the award.)

2.

Pursuant to Public Law 95-507

, indicate which of the following classifications apply to your organization.

All vendors are considered Large Business unless otherwise indicated (see website:

www.sba.gov/

).

(

Check √ all that apply

.)

____________ LARGE BUSINESS (LG)

____________ SMALL BUSINESS (SB)

____________ VETERAN OWNED SMALL BUSINESS (VOSB)

____________ SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB)

____________ HISTORICALLY UNDER UTILIZED BUSINESS ZONE (HUBZONE)

____________ SMALL DISADVANTAGED BUSINESS (SDB)

____________ WOMAN-OWNED SMALL BUSINESS (WOSB)

3.

AMERICAN MADE: Wisconsin Statutes S. 16.754

, directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal.

“Substantially equal” means when bids are tied or proposal scores are equal. Indicate whether the material covered in your bid/proposal were manufactured in whole or in substantial part within the United

States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.

____________ YES ____________ NO ____________ UNKNOWN

4.

RECYCLED PRODUCTS/PACKAGING/DISPOSAL TECHNIQUES:

The University is committed to promote environmentally sound procurement, usage and disposal methods which are in compliance with

State of Wisconsin County, and Municipal regulations. Currently the University has a recycling program for starch and Styrofoam packing peanuts. The University’s preference is to receive starch peanuts whenever possible. The Contractor shall not use INSTAPAK

(or similar) or mix starch and Styrofoam peanuts under any circumstances. Each product shall be separately pre-packed in accordance with commercially accepted methods. Small products may be packaged in protective envelopes (Mail-Lite or Bubble-Jet packs).

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 12-0074

PAGE 19 OF 23

ATTACHMENT F: STANDARD TERMS AND CONDITIONS

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 UW-Madison shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates 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. Each deviation and exception must be identified by the section, page and paragraph to which it applies. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidder/proposer 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 University.

4.0

QUANTITIES:

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

5.0

PRICING AND DISCOUNT:

The University qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts.

5.1 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.

5.2 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 University 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 industry-wide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements.

5.3 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).

6.0

UNFAIR SALES ACT:

Prices quoted to the University are not governed by the Wisconsin Unfair Sales Act.

7.0

ACCEPTANCE-REJECTION:

The University 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 interest of the State of Wisconsin.

8.0

ORDERING:

Purchase orders or releases via purchasing cards shall be placed directly to the Contractor by

University. No other purchase orders are authorized.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 12-0074

PAGE 20 OF 23

9.0

PAYMENT TERMS AND INVOICING:

The University 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.

9.1 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. Invoice payment processing address is shown on the upper left corner of the purchase order. Send invoices to the Accounts Payable address on the purchase order. Do not send invoices to the ship to address.

9.2 Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty (30) days after receipt of a properly completed invoice, unless the vendor is notified in writing by the agency of a dispute before payment is due.

9.3 Bidders/proposers shall include discounts for early payment (See 5.3) as a percent reduction of invoice.

Invoice discounts shall be determined, where applicable, from the date of acceptance of goods and/or the receipt of invoice, whichever is later. Discounts for early payment terms stated on the bid/proposal must be shown plainly on the invoice; discounts for early payment not shown on the invoice will be taken.

9.4 Invoices submitted not in accordance with these instructions will be removed from the payment process and returned within ten (10) days.

9.5 Payment terms and invoicing for purchasing card will be made in accordance with the purchasing card contact.

10.0

TAXES:

The University, an agency of the State of Wisconsin, is exempt from payment of all federal tax and

Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The

Department of Revenue of the State of Wisconsin does not issue a tax exempt number; however, University is exempt from State of Wisconsin sales or use tax under s.77.54(9a)(a). Registration No. 39-73-1021-K, was issued by the Internal Revenue Service to authorize tax-free transactions under Chapter 32 of the

Internal Revenue Code.

10.1 The University, an agency of the State of Wisconsin, 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 University 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.

11.0

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.

12.0

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

University.

13.0

APPLICABLE LAW:

This Agreement shall be construed under the laws of the State of Wisconsin.

Jurisdiction and venue for any disputes under this Agreement shall be in Dane County, 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

.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 12-0074

PAGE 21 OF 23

14.0

ANTITRUST ASSIGNMENT:

The Contractor and the University recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the

Contractor hereby assigns to the University any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract.

15.0

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 University.

16.0

DISPUTES:

Disputes should be addressed to the University Purchasing Office, Director of Purchasing

Services, 21 N Park St, Suite 6101, Madison, WI 53715 1218.

17.0

NONDISCRIMINATION/ AFFIRMATIVE ACTION:

17.1 In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s.51.01(5), Wisconsin Statutes, 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.

17.2 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) employes. 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.

17.3 The Contractor agrees to post in conspicuous places, available for employes and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the

State of Wisconsin nondiscrimination law.

17.4 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.

17.5 To the extent required by law, 41 CFR 60-1.4(a) and (b) are incorporated by reference in these

Standard Terms and Conditions. Additionally, the Contractor certifies compliance with 41 CFR 60-1.8 and does not and will not maintain any facilities provided for employees in a segregated manner. The

Contractor further agrees to obtain identical certifications from any subcontractors prior to the award of a subcontract exceeding $25,000 which is not exempt and will retain such certification for audit purposes.

18.0

PATENT INFRINGEMENT:

The Contractor selling to the University 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 University

(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.

19.0

SAFETY REQUIREMENTS:

All materials, equipment, and supplies provided to the University must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code, Rules of the Industrial

Commission on Safety, and all applicable OSHA Standards.

20.0

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 to UW Safety Department, 30 East

Campus Mall, Madison WI 53715-2609.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 12-0074

PAGE 22 OF 23

21.0

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.

22.0

INSURANCE RESPONSIBILITY:

The Contractor performing services to the University shall:

22.1

Maintain worker's compensation insurance as required by Wisconsin Statutes for all employees engaged in the work.

22.2 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.

22.3 The state reserves the right to require higher or lower limits where warranted.

22.4 Upon request by the University, the Contractor is required to provide a Certificate of Insurance, from an insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best rating of A-, and signed by an authorized agent. A minimum 60 day cancellation notice is desired.

23.0

CANCELLATION:

The University 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.

24.0

VENDOR TAX DELINQUENCY:

Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin.

25.0

OMNIBUS RECONCILIATION ACT:

(Public Law 96-499) To the extent required by law, if this contract is for acquisition of services with a cost or value of $25,000 or more within any 12-month period, including contracts for both goods and services in which the services component is worth $25,000 or more within any

12-month period, the Contractor shall in accordance with 42 C.F.R., Part 420, Section 1861 of the Omnibus

Reconciliation Act of 1980 (P.L. 96499) and permit the comptroller general of the United States, the United

States Department of Health and Human Services, and their duly authorized representatives, access to the

Contractor's books, documents and records until the expiration date of four (4) years after the approval of procurement activities.

26.0

PUBLIC RECORDS ACCESS:

It is the intention of University 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.

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

BID NO.: 12-0074

PAGE 23 OF 23

28.0

DISCLOSURE:

If a state public official (s. 19.42, Wisconsin Statutes), 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 E. Mifflin

Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123). State classified and former employes and certain University faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis.

Stats.

29.0

ANTI-KICKBACK ACT of 1986:

(41 USC 51 et. seq): To the extent required by law, the officer or employe responsible for submitting this bid shall certify, in accordance with 48 CFR 52.203-7, to the best of their knowledge, that they have no information concerning the violation of the Anti- Kickback Act in connection with the submitted bid

/

proposal. Signing the bid/proposal with a false statement shall void the submitted bid/proposal and any resulting contract(s).

30.0

RECYCLED MATERIALS:

The University is required to purchase products incorporating recycled materials whenever technically or economically feasible. Bidders/proposers are encouraged to bid/propose products with recycled content which meet specifications

.

31.0

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.

32.0

PROMOTIONAL ADVERTISING/NEWS RELEASES:

Reference to or use of the State of Wisconsin, any of its departments, agencies (University) 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 University. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency.

33.0

WORK CENTER CRITERIA:

A work center must be certified under s. 16.752, Wisconsin Statutes, 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.

34.0

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) 261-7577.

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.

36.0 WORK CENTER PROGRAM: The successful bidder/proposer shall agree to implement processes that allow the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to purchase goods and services produced by work centers certified under the State Use Law, s.16.752, Wis. Stat. This shall result in requiring the successful bidder/proposer to include products provided by work centers in its catalog for State agencies and campuses or to block the sale of comparable items to State agencies and campuses.

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