11-0090 Request for Bid Package

11-0090 Request for Bid Package
VENDOR NET TRANSMISSION COVER LETTER
DATE:
January 25, 2011
When using Vendor Net, you may submit your bid through one of the following options: U.S. mail, handdelivery, fax or e-mail. Refer to “SUBMITTAL INSTRUCTIONS”. Regardless of the option used, your bid
must be received and time stamped in by Purchasing Services, 21 N Park St, Suite 6101, Madison, WI
53715-1218, prior to 2:00 PM on the bid due date to be considered on time. Bids not so stamped shall be
considered late. Late bids shall be rejected.
If you have any questions concerning these instructions, please contact the University of WisconsinMadison Purchasing Services (Bid Processing) at (608) 262-0059.
PURCHASING SERVICES
University of Wisconsin-Madison  21 N Park St, Suite 6101 Madison, WI 53715-1218
608/262-0059  (Fax) 608/262-4467  www.bussvc.wisc.edu  [email protected]
University of Wisconsin - Madison
REQUEST FOR BID
AGENT: Charlie Simonson
Questions regarding this bid – see Section 3.1
THIS IS NOT AN ORDER
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.
OFFICIAL SEALED
BID NUMBER: 11-0090
ISSUE DATE: 1/25/11
DUE DATE: 2/9/11
If NO BID (check here)
2:00 PM CST
and return.
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
inspection only after award determination has been made.
DESCRIPTION
STAGE AND RISER SYSTEM
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.: 11-0090
TABLE OF CONTENTS
SECTION #1: SUBMITTAL INSTRUCTIONS
PAGE
1-2
SECTION #2: GENERAL INFORMATION
2.1 Purpose
2.2 Definitions
2.3 Affirmative Action
2.4 Wisconsin Sales and Use Tax Registration
2.5 VendorNet
2.6 Campus Delivery Requirements
2.7 Parking
2.8 Smoke-Free Environment
2.9 Promotional Materials/Endorsements
3-4
SECTION #3: RFB PROCESS INSTRUCTIONS
3.1 Clarifications and/or Revisions through Designated Contact
3.2 Applicable Dates
3.3 Conflict of Interest
3.4 Proprietary Information
3.5 Reasonable Accommodations
3.6 Method of Bid
3.7 Method of Award
3.8 Minority Business Enterprise (MBE) Preference
5-6
SECTION #4: BIDDER QUALIFICATIONS
4.1 Bidder Contact Information
4.2 Bidder Experience
4.3 Authorization
4.4 Client List/References
4.5 Fair Price Analysis
4.6 Debarment
7
SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS
5.1 F.O.B. Destination, Freight Prepaid and Allowed
5.2 Timeliness of Delivery
5.3 Invoice Payment
5.4 Shipments, Duplicates and Overshipments
5.5 Executed Contract to Constitute Entire Contract
8
SECTION #6: SPECIFICATIONS
6.2 Warranty
9
ATTACHMENT A BIDDER RESPONSE SHEET
ATTACHMENT B SPECIFICATIONS/ITEMIZED BID LIST
ATTACHMENT C CLIENT REFERENCE LIST
ATTACHMENT D BIDDER INFORMATION SHEET
ATTACHMENT E SUPPLIER DIVERSITY, MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM COMMITMENT
ATTACHMENT F STANDARD TERMS AND CONDITIONS
10-11
12-13
14
15
16
17-21
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0090
PAGE 1 OF 21
INTRODUCTION
SECTION #1: SUBMITTAL INSTRUCTIONS
A completed and signed bid response must be received and date/time stamped in by UW-Madison Purchasing Services prior
to 2:00 p.m. CST on the stated bid due date to be considered. Bids not so date/time stamped shall be considered late. Late
bids shall be rejected. You have been supplied with a pre-addressed return label. Please fill in your vendor name and
address on the return label to help us identify this bid response. Please use one of the options below for return of your bid.
MAILING:
Original and one (1) copy of mailed bids must be received and date/time stamped at Purchasing Services, 21 N. Park Street, Suite
6101, Madison, WI 53715-1218, prior to 2:00 p.m. CST on the stated bid due date.
HAND DELIVERY:
Original and one (1) copy of hand-delivered bids may be delivered by vendor or third-party/courier service in a sealed
envelope or package. Call 608-262-1526 for assistance upon arrival. Bids must be received and date/time stamped at
Purchasing Services, 21 N. Park Street, Suite 6101, Madison, WI 53715-1218, prior to 2:00 p.m. CST on the stated bid due date.
FAXING:
Faxed bids: A complete copy of the entire response must be completely transmitted and received and date/time stamped
at Purchasing Services prior to 2:00 p.m. CST on the stated bid due date. FAX: (608) 262-4467 (AVAILABLE 24 HOURS
A DAY).
E-MAILING:
E-mailed bids: A complete copy of the entire response must be received and be available for printing or processing prior to
2:00 p.m. CST on the stated bid due date via e-mail to: [email protected] Submitting a bid to any other e-mail address
than [email protected] does not constitute receipt of a valid bid by Purchasing Services. Proof of transmission doesn't
constitute proof of receipt. If the e-mail submission does not contain ACTUAL signatures and initials (not computer
generated), then those pages that require signatures and/or initials should be signed and returned via fax (608-2624467) and should be received prior to 2:00 p.m. CST on the stated due date.
VENDOR NOTE: FOR THE PURPOSES OF THE RETURN ADDRESS LABEL, IF THE ADDRESS IS THE SAME AS YOU
LISTED ON THE REQUEST FOR BID FORM – YOU DO NOT NEED TO FILL OUT THE RETURN ADDRESS LABEL.
RETURN ADDRESS LABEL:

OFFICIAL SEALED
NUMBER: 11-0090
DUE DATE: 2/8/11
TIME: 2:00 PM CST
INSERT
VENDOR NAME HERE: ______________________________________
ADDRESS: ________________________________________________
________________________________________________
________________________________________________
UNIVERSITY OF WISCONSIN-MADISON
PURCHASING SERVICES
21 N PARK ST, SUITE 6101
MADISON, WI 53715-1218
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
1.1
BID RESPONSE REQUIREMENTS:
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.
5.
6.
78.
1.2
BID NO.: 11-0090
PAGE 2 OF 21
Request for Bid Form (signed)
Bidder Response Sheet (including attachments as requested on Bidder Response Sheet) (Attachment A)
Specifications/Itemized Bid List, descriptive brochure and detail for the item(s) bid (Section 6)
(Attachment B)
Client Reference List (Attachment C)
Bidder Information Sheet (Attachment D)
Supplier Diversity, Minority Business Enterprise (MBE) Program Commitment (Attachment E)
Standard Terms and Conditions (Attachment F)
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.: 11-0090
PAGE 3 OF 21
SECTION #2: GENERAL INFORMATION
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 Facilities Planning & Management
hereinafter referred to as "FP & M," requests bids for the purchase of Stage and Ramp System.
Scope:
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.
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.
See SPECIFICATIONS and/or ITEMIZED BID LIST for the minimum acceptable specifications for items/services
desired. If you are bidding an alternate item, please provide complete specifications, documents and materials
showing performance features and details for the items/services you propose to furnish for the items being bid.
For alternate items being bid, the Bidder must clearly identify by manufacturer’s name, catalog and model
number. See “Standard Terms and Conditions,” items 1, 2, 3, and 5.1.
Revisions to this bid may be made only by an official written amendment issued by Purchasing.
2.2
Definitions:
The following definitions are used throughout the Special Conditions of Bid:
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 Facilities, Planning and Management.
MBE means Minority Business Enterprise.
RFB means Request for Bid.
State means State of Wisconsin.
University and UW both mean University of Wisconsin-Madison.
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.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0090
PAGE 4 OF 21
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
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 $25,000.00) as
solicited by all state agencies.
To obtain information on the state’s bidder registration, please visit the VendorNet Web site at
http://vendornet.state.wi.us or call the VendorNet Information Center (1-800-482-7813). In the Madison area,
please call 264-7898.
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.
2.7
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
Smoke-Free Environment:
All University buildings are smoke-free buildings.
2.9
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.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0090
PAGE 5 OF 21
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 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.
TECHNICAL:
Leigh Ann Graetz, Purchasing Agent
Facilities Planning & Management Purchasing Office
Room 203 Service Building
1217 University Ave., Madison, WI 53706-1589
Email: [email protected]
Phone: 608-262-1208 / Fax: 608-262-0568
ADMINISTRATIVE:
Charlene M. Simonson, Purchasing Manager
Facilities Planning & Management Purchasing Office
Room 101 Service Building
1217 University Ave., Madison, WI 53706-1589
Email: [email protected]
Phone: 608-265-0656 / Fax: 608-262-0568
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
January 25, 2011
Date of Issue of the RFB
February 2, 2011
Written questions due
Febuary 9, 2011 -- 2:00 PM CST
RFB Due Date (Local Madison Time)
3.3
Conflict of Interest:
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.
3.4
Proprietary Information:
Any information contained in the Bidder’s response that is proprietary must be detailed separately on form DOA3027. 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
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0090
PAGE 6 OF 21
3.5
Reasonable Accommodations:
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 alternative
accommodations for your site visit, contact Leigh Ann Graetz at (608) 262-1208.
3.6
Method of Bid:
Bidder must submit a net unit price and extended net total for each item and a total price by lot as
designated. Prices listed should be in US dollars unless otherwise indicated.
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.
An additional price column is provided for each item identified as part of a lot. In this column, bidders must bid
their net unit price per item based on a line item award rather than a lot total award if these prices would be
different based on the different types of award.
3.7
Method of Award:
Award(s) shall be made on the basis of the lowest net line item price(s) and/or the lowest net lot total(s) or the
lowest net line item price per item bid in the additional column, whichever 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.
The University will obtain an estimate 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.
3.8
Minority Business Enterprise (MBE) Preference:
Bids meeting mandatory requirements will be reviewed and considered against the stated terms, conditions
and specifications of bid. Bids from Wisconsin certified Minority Business Enterprises may have their prices
and discounts weighted by a factor of 1.00 to 1.05 to provide up to a five percent (5%) preference to MBE
firms.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0090
PAGE 7 OF 21
SECTION #4: BIDDER QUALIFICATIONS
4.1
Bidder Contact Information:
Bidder must designate a person(s) to provide information on: Minority Business, Affirmative Action and Sales
Representative. (See Attachment A – Bidder Response Sheet)
4.2
Bidder Experience:
Bidder company must be in the business of providing Staging and Ramp System and must have done so for the
past three years.
4.3
Authorization:
Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer. On
Bidder Response Sheet identify account number with manufacturer, as applicable.
4.4
Client List/References:
Bidder must supply upon request 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 C). 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. If necessary for the award of the
Contract, the awarded Contractor 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 proposal. Information on debarment is available at the following websites: www.epls.gov and
https://www.acquisition.gov/far/.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0090
PAGE 8 OF 21
SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS
5.1
F.O.B. Destination, Freight Prepaid and Allowed: (vendor responsible for freight costs with ownership
changing at UW delivery location).
Delivery will be made by common carrier or Contractor’s truck, with unloading to be performed by the
carrier/contractor and carton(s) transported to the interior/ground floor or inside dock at Union South. Bid prices
must include all packing, freight, insurance charges and installation/operation manuals.
If bidding other than F.O.B. Destination, as stated, F.O.B. point and shipping charges must be identified on the
Itemized Bid List. This cost will be added to the bid total for determining the award.
Delivered Duty Unpaid (DDU). Bidders must include costs from bidder’s 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, to be
identified on the purchase order.
Custom duty costs and forms (if applicable) will be handled by the University through the University’s contracted
customs broker. (See Method of Award, Custom Duty Costs.)
Failure to bid FOB DESTINATION, FREIGHT PREPAID AND ALLOWED in bid price or discount may disqualify
your bid.
5.2
Timeliness of Delivery:
Delivery is desired on or before March 1, 2011. Please state if this requirement can be met. If unable to
deliver by the stated date, please indicate on the Bidder Response Sheet the earliest delivery date possible
5.3
Invoice Payment:
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.
5.4
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.
5.5
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.
B.
C.
D.
Contract Award Letter
Original Request for Bid Number 11-0090, dated January 25, 2011 including amendments/attachments
Bidder response to RFB
Official Purchase Order (when applicable)
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0090
PAGE 9 OF 21
SECTION #6 SPECIFICATIONS
SPECIFICATIONS OF ITEMS TO BE PROVIDED: see Itemized Bid List
See SPECIFICATIONS and/or ITEMIZED BID LIST for the minimum acceptable specifications for items desired.
Failure to provide product specifications and information for item(s) bid may disqualify your bid. The University will be
the sole judge of equivalent acceptability between bidder’s responses.
UW Specifications may not be revised without an official written amendment issued by Purchasing.
Manufacturer specified: Sico America Inc. All items bid must match existing Sico America Inc. stage equipment to
integrate with current UW stage equipment. . No substitute manufacturer will be accepted without written approval
from Facilities, Planning and Management.
6.1
Specific manufacturer(s) and/or catalog/model/stock numbers are provided to establish the design, type of
construction, quality, functional capability and performance level desired. The bidder may offer an alternate item
believed to be an equal. Any alternate item bid must be clearly identified by manufacturer, catalog, model or
stock number. Adequate detailed specifications (including brochures, operating manuals, maintenance
manuals or other written materials) of any alternate item offered must be included with your bid to establish
equivalency.
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 should indicate warranty term on Bidder Response Sheet and
enclose standard warranty documents with your bid.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0090
PAGE 10 OF 21
ATTACHMENT A: BIDDER RESPONSE SHEET
=======================================================================================
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 rejection 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.
=======================================================================================
NOTE: This form must be returned with your bid response. Numbers identified correspond to those Sections shown
in the SPECIAL CONDITIONS OF BID. Bidder may attach additional relevant information to their bid response; identify
sections to which information applies.
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: Minority Business,
Affirmative Action, Questions on this RFB and Sales Representative.
MINORITY BUSINESS:
CONTACT NAME
PHONE NUMBER
FAX NUMBER
CONTACT NAME
PHONE NUMBER
FAX NUMBER
CONTACT NAME
PHONE NUMBER
FAX NUMBER
CONTACT NAME
PHONE NUMBER
FAX NUMBER
Address:
E-mail:
AFFIRMATIVE ACTION:
Address:
E-mail:
QUESTIONS ON THIS RFB:
Corporate Address:
E-mail:
SALES REPRESENTATIVE:
E-mail:
Website:
4.2
Are you in the business of providing Stage and Ramp Systems and has your company
done so for the past three years?
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0090
PAGE 11 OF 21
YES
4.3
Are you:
a) An original manufacturer for the product lines being bid?
b) An authorized distributor for the products/product lines being bid?
c) A dealer authorized by manufacturer?
d) Do you have service and repair capabilities for the item(s) being bid?
(Identify account number with manufacturer, as applicable.)
Account # ___________________________
4.4
Will you provide 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 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 and Allowed?
(Be sure to read Section 5.1 carefully)
Country of Origin ___________________________________________
Shipping Point ____________________________________________
5.2
Can you meet delivery requirement or March 1, 2011?
If not, please state delivery time ____ days After Receipt of Order (ARO).
5.4
Do you agree to terms regarding duplicates and overshipments?
6.2
Will you honor manufacturer standard warranty?
If YES, have you enclosed standard warranty documents?
Warranty term: __________________
NO
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0090
PAGE 12 OF 21
ATTACHMENT B: SPECIFICATIONS/ITEMIZED BID LIST
Costs which are not specifically identified below will not be compensated under any Contract awarded pursuant to this RFB.
ITEM QTY
UNIT
ITEM DESCRIPTION
SAS11G01
1
1
ea
2
3
ea
1838-008B
3
2
ea
1838-006B
7
ea
4
ea
6
15
ea
7
4
ea
1853.006B
8
5
ea
1853-008B
Five Rise Step Unit, Articulating with rails &
wheels, black vinyl on treads.
8' w Guard Rail - For 3200 Stage
6' w Guard Rail - For 3200 Stage
S3H316D2241B
4
6' x 8' x 18"-24"h Tri-Height Series Mobile
Folding Stage, black tuff deck
SAS21S01
5
2-Step, no rails or wheels for a 16 or 24"
stage, black vinyl on treads.
1562-824-53B
8'w x 18" - 24"I Multi-Length Drape, Duravel
Black
6' Guard Rail, black, 42" high with toe rail.
8' Guard Rail, black, 42" high with toe rail
SAR11A123
9
1
ea
10
1
ea
11
1
ea
12
1
ea
4' x B' x 0"-8"h Universal Folding Leg Ramp
Section w/ Rails, Enter/Exit Handles, Upper
Clamp
SAR11B123
4' x 8' x 8"-18"h Universal Folding Leg
Ramp Section w/ Rails
SAR11C123
4' x 8' x 16"-24"h Universal Folding Leg
Ramp Section w/ Rails
SAR11D123
4' x 8' x 24"-32"h Universal Folding Leg
Ramp Section w/ Rails
SPECIFIED
MANUFACTURER
BIDDING
MANUFACTURER
BIDDING PART NUMBER
UNIT
BID PRICE
LINE ITEM EXTENDED
NET TOTAL
Sico America Inc.
No Substitutions
__________________
________________
$____________
$_____________
Sico America Inc.
No Substitutions
__________________
________________
$____________
$_____________
Sico America Inc.
No Substitutions
__________________
________________
$____________
$_____________
Sico America Inc.
No Substitutions
__________________
________________
$____________
$_____________
Sico America Inc.
No Substitutions
__________________
________________
$____________
$_____________
Sico America Inc.
No Substitutions
__________________
________________
$____________
$_____________
Sico America Inc.
No Substitutions
__________________
________________
$____________
$_____________
Sico America Inc.
No Substitutions
__________________
________________
$____________
$_____________
Sico America Inc.
No Substitutions
__________________
________________
$____________
$_____________
Sico America Inc.
No Substitutions
__________________
________________
$____________
$_____________
Sico America Inc.
No Substitutions
__________________
________________
$____________
$_____________
Sico America Inc.
No Substitutions
__________________
________________
$____________
$_____________
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0090
PAGE 13 OF 21
ATTACHMENT B: SPECIFICATIONS/ITEMIZED BID LIST (Continued)
SAR11E123
13
1
ea
14
1
ea
15
1
ea
1
ea
17
3
ea
18
3
ea
19
1
ea
20
2
ea
4' x 8' x 32"-40"h Universal Folding Leg
Ramp Section w/ Rails
72112-1
16
Ramp Turnaround/Landing Kit w/ Enter/Exit
Handles, Top & Bottom Clamps
117363-B
Top Lending to Stage Connector
-8'
S3H316D2241B
6' x 8' x 16"-24"h Tri Height Series Mobile
Sico America Inc.
No Substitutions
__________________
________________
$____________
$_____________
Sico America Inc.
No Substitutions
__________________
________________
$____________
$_____________
Sico America Inc.
No Substitutions
__________________
________________
$____________
$_____________
Sico America Inc.
No Substitutions
__________________
________________
$____________
$_____________
Sico America Inc.
No Substitutions
__________________
________________
$____________
$_____________
Sico America Inc.
No Substitutions
__________________
________________
$____________
$_____________
Sico America Inc.
No Substitutions
__________________
________________
$____________
$_____________
__________________
________________
$____________
$_____________
Folding Stage, black tuff deck
1853-006B
6' Guard Rail, black, 42" high with toe rail.
1853-008B
8' Guard Rail, black, 42" high with toe rail.
SAC11R1-6S1
Stage Storage Caddy for 4'w Units, NonStacking (cap. 6 Units per Caddy)
1416-001B
Guard rail / drapery truck
LOT TOTAL (Items 1 through 20)
Sico America Inc.
No Substitutions
$_____________
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0090
PAGE 14 OF 21
ATTACHMENT C - 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.: 11-0090
PAGE 15 OF 21
ATTACHMENT D: BIDDER INFORMATION SHEET
VENDOR NOTE: THIS SECTION MUST BE COMPLETED AND THIS FORM RETURNED WITH YOUR BID
RESPONSE
1. In accordance with Wisconsin Statutes 16.75(3m), 16.752 and 560.035(1)(c), please indicate below if you are a
Wisconsin Certified minority business (MBE), work center (WC) or woman owned business (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) ____ Woman Owned Business (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. MINORITY BUSINESS PARTICIPATION: As a mandatory component of this proposal (or bid), you must complete
the “Supplier Diversity, Minority Business Enterprise (MBE) Program Commitment” form that is a part of this
document.
I have reviewed, completed and enclosed the “Diversity, Minority Business Enterprise (MBE) Program
Commitment” form.
____________ YES
____________ NO
5. 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.: 11-0090
PAGE 16 OF 21
ATTACHMENT F
SUPPLIER DIVERSITY, MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM COMMITMENT
BID NUMBER:
DATE
11-0090
As an agency of the State of Wisconsin, the University of Wisconsin-Madison shares the state goal of spending 5% of
total purchases with certified minority businesses. State policy provides that Minority owned Business Enterprises
(MBE) certified by the Wisconsin Department of Commerce; Bureau of Minority Development should have the
maximum opportunity to participate in the performance of its contracts. To support the University’s pursuit of the 5%
goal we expect all contracted vendors to proactively subcontract with MBE companies wherever possible.
Your complete response to the questions below will confirm the following; a) an indication that you understand
the University’s goal, b) a listing of vendors with which you intend to subcontract, c) a description of the MBE
expenditures you will be able to report to us, and d) a statement expressing your commitment to complete the
annual report that will reflect your subcontracting efforts for the year.
A complete listing of all certified MBE firms is available at: http://www.doa.state.wi.us/mbe/report2.asp?locid=0 . A
vendor or commodity look up tool is available at: http://www.doa.state.wi.us/mbe/minority_search.asp?locid=0 or you
can contact Keith E. Broadnax, Wisconsin Department of Administration, Minority Business Enterprise Program at 608267-3293 [email protected]
Information regarding certification of minority businesses is available at: http://commerce.wi.gov/BD/BDMinorityandWomen.html or you can direct further questions to Seyoum Mengesha at 414-220-5362 or
[email protected]
Authority for this program is found in Wisconsin Statutes 15.107(2), 16.75(4), and 16.755 and 560.036(2), and details
about the program can be found at: http://www.legis.state.wi.us/acts89-93/83Act390.pdf
Please complete the following information:
1. Our company is a Wisconsin certified MBE.
_____ YES
_____NO
2. We are aware of the University’s goal to spend 5% of their total purchasing dollars
with certified MBE firms.
_____ YES
_____NO
_____ YES
_____NO
3. If this is an on-going contract, we are aware that our company will receive an annual
request from the University to report all expenditure activity with sub-contracted
MBE vendors in support of this contract.
4. Our company intends to subcontract the indicated dollar volume with the MBE firms listed below:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0090
PAGE 17 OF 21
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.: 11-0090
PAGE 18 OF 21
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. 3973-1021-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.: 11-0090
PAGE 19 OF 21
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 601.8 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.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0090
PAGE 20 OF 21
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.
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.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
BID NO.: 11-0090
PAGE 21 OF 21
27.2 Any material submitted by the vendor in response to this request that the vendor considers confidential and
proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material
which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of
Confidential and Proprietary Information form (DOA-3027). Bidders/proposers may request the form if it is not
part of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential.
28.0 DISCLOSURE: If a state public official (s. 19.42, 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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