Rev. 2/12 PS-12-2353 BID REQUEST FOR DEBIT CARD/COIN OPERATED LAUNDRY SERVICES University of Wisconsin System University of Wisconsin –Stout Menominee, WI 54751 2.0 SPECIAL TERMS AND CONDITIONS 2.1 Performance Bond or Irrevocable Letter Of Credit The successful bidder, hereafter referred to as "contractor", shall be required to furnish a performance bond in the amount of $20,000. Such bond must be furnished upon notification by the University of Wisconsin System Office of Procurement, hereafter referred to as "System Office of Procurement", and prior to contract award. In lieu of the performance bond, the contractor may provide an irrevocable letter of credit naming the University as beneficiary. The irrevocable letter of credit shall be in the amount specified for the performance bond and the format content required by the University. The performance bond or irrevocable letter of credit shall be furnished by a company licensed to do business in the State of Wisconsin. The performance bond or irrevocable letter of credit shall be for the entire contract period. If an irrevocable letter of credit is used, the period shall extend one month beyond the contract expiration date. The performance bond or letter of credit shall provide that in the event of non-renewal, the System Office of Procurement, and the contractor be notified in writing by the issuer a minimum of sixty (60) days prior to the anniversary of the effective date of the contract. In the event of non-renewal, the contractor shall provide the University evidence of the new source of surety within twenty-one (21) calendar days after the University's receipt of the non-renewal notice. Failure to maintain the required surety in force may be cause for contract termination. Failure to provide the bond or irrevocable letter of credit within twenty-one (21) days of notification of award may result in cancellation of contract award. 2.2 Site Visit Bidders are invited to attend a site visit on April 16, 2012 at 2:00pm inspect the project site completely prior to submitting bid in order to determine all requirements associated with the contract. Failure to inspect adequately shall not relieve the contractor from the necessity of furnishing and installing, without additional cost to the University, any materials and equipment or performing any labor that may be required to carry out the intent of the contract. For Site Inspection Appointment Prospective Bidders are to Contact: Tom Biasi, Building/Grounds Superintendent University of Wisconsin –Stout Telephone: 715-232-5988 or [email protected] 2.3 Basis of Bid Evaluation The award shall be made to the bidder with the best commission or annual guarantee which is in the best interest of the University as determined by the University. The University is requesting bids for laundry services with a contractor purchased, installed and maintained e-monitoring system. The University shall determine if the bidder is financially, managerially and operationally capable of providing the required services based on the vendor's response to this bid. Only those vendors determined to be capable and currently operate Debit Card/Coin Operated Laundry Services shall be considered. Representatives from the University reserve the right to inspect the bidder's facilities and other operations under the contractor's management prior to award of this bid. 2.4 Dispute Process Any dispute of the University's award must be made no later than five (5) working days after the award notice is issued by System Office of Procurement. Written notice of dispute must be filed with the Director of Procurement of the University System in care of: Rich Lampe Director of Procurement University of Wisconsin System Administration 780 Regent Street Madison, WI 53715 A complete written dispute must be received by the Director of Procurement, System Office of Procurement no later than five (5) working days after the award notice is issued. 2.5 Contract Commencement/Length It is the intent of the University to commence the resulting contract on or about July 1, 2012. The term of this contract shall be for seven (7) years from the effective date. 2.6 Firm Bids All bids shall remain firm for a minimum of ninety (90) days from the date of bid opening. 2.7 2.8 Contract Cancellation 2.7.1 The contract may be terminated by either party on the anniversary of the effective date in any subsequent year of the contract, if either party provides the other party with written notice one hundred and twenty (120) days prior to such anniversary date. 2.7.2 The University may cancel this contract for breach, as determined by the University, for failure to comply with the terms and conditions of the contract. This may include any cessation or diminution of service including but not limited to failure to maintain adequate personnel, whether arising from labor disputes, or otherwise any substantial change in ownership or proprietorship of the contractor which in the opinion of the University is not in its best interest. 2.7.3 The University shall provide ten (10) calendar days written notice of contract breach and unless within ten (10) calendar days such neglect has ceased and arrangements made to correct, the University may cancel the contract by giving sixty (60) days notice in writing by registered or certified mail of its intention to cancel this contract. 2.7.4 Should the University breach any terms or provisions of this contract, the contractor shall serve written notice on the University setting forth the alleged breach and demanding compliance with the contract. Unless within ten (10) calendar days after receiving such notice, the allegation shall be contested or such breach shall cease and arrangements be made for corrections, the contractor may cancel the contract by giving sixty (60) days notice, in writing, by registered or certified mail of its intention to cancel this contract. 2.7.5 The University may discontinue this contract, in whole or in part, without penalty at any time due to non-appropriation of funds. 2.7.6 If the contractor fails to maintain and keep in force required insurance, the University shall have the right to cancel and terminate the contract without notice. Parties To The Contract The contract shall be between the State of Wisconsin, Board of Regents of the University of Wisconsin System doing business as the University of Wisconsin – Stout, hereafter referred to as the "University" and the successful bidder hereafter referred to as the "contractor" for the provision of Debit Card/Coin Operated Laundry Services according to the terms set forth herein. Brent Tilton shall be the on-site representative of the University responsible for the administration of the contract. Tom Biasi, Building/Grounds Superintendent will serve as the University operations manager of the contract. Grady Richartz, Director Campus Card will serve as the University Debit card program Manager. 2.9 Excused Performance If, because of riots, war, public emergency or calamity, fire, flood, earthquake, act of God, government restriction, labor disturbance or strike, business operations at the University are interrupted or stopped, performance of this contract, with the exception of monies already due and owing, shall be suspended and excused to the extent commensurate with such interfering occurrence. The expiration date of this contract may be extended for a period of time equal to the time that such default in performance is excused. 2.10 Insurance The contractor shall bear the full and complete responsibility for all risk of damage or loss of premises, equipment, products or money resulting from any cause whatsoever and shall not penalize the University for any losses incurred related to this contract. 2.10.1 COVERAGE AND MINIMUM LIMITS Coverage Minimum Limits Worker's Compensation (WC) Employer's Liability Coverage (B) Statutory $100,000/500,000/100,000 Commercial General Liability (CGL) General Aggregate incl. prdt/co Each Occurrence $2,000,000 $1,000,000 Automobile Liability (including hired & non-owned) Combined Single Limit $1,000,000 Additional Insured Provision The contractor shall add the Board of Regents of the University of Wisconsin System, its officers, agents and employees as an additional insured under the commercial general and automobile liability policies. Remodeling or Renovation The above insurances are required to be in effect during the course of any remodeling, renovation or construction done by or at the direction of the contractor. 2.10.2 Certificate of Insurance Upon notification of award and prior to issuance of a contract, the contractor shall provide the University a certificate of insurance with the required coverage and limits of insurance issued by an insurance company that has an AM Best rating of A- licensed to do business in the State of Wisconsin and signed by an authorized agent. 2.10.3 Commercial General Liability Commercial General Liability includes, but is not limited to consumption or use of products, existence of equipment or machines on location and contractual obligations to customers. The contractor shall bear the full and complete responsibility for all risk of loss of premises, or damage to equipment, products or money resulting from any cause including that of sub-contractors and shall not penalize the University for any losses incurred related to this contract. 2.10.4 Covenant Requiring Notice These policies shall contain a covenant requiring sixty (60) days written notice by the insurer to University of Wisconsin System Office of Procurement, 780 Regent Street, Madison, WI 53715, before cancellation, reduction or other modifications of coverage. The insurance certificate shall be for the initial contract period of one (1) year and shall be extended by the contractor for each subsequent renewal period of the contract. The contractor shall advise each insuring agency to automatically renew all policies and coverage in force at the start of and resulting from this contract until specified coverage requirements are revised. 2.10.5 Evidence of new Insurance In the event of non-renewal, cancellation or expiration of insurance, the contractor shall provide the University evidence of the new source(s) of required insurance within twenty-one (21) calendar days after the University's receipt of the sixty (60) day notice. In the event the contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to cancel and terminate the contract without notice. 2.10.6 University Right to Cancel In the event the contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to cancel and terminate the contract without notice. The contractor shall advise each insuring agency to automatically renew all policies and coverage in force at the start of and resulting from this contract until specified coverage requirements are revised. 2.10.7 Contractor Agrees to Indemnify The contractor agrees to indemnify, defend and hold harmless the Board of Regents of the University of Wisconsin System, its officers, employees and agents from and against any and all claims, losses, liability, costs or expenses (hereinafter collectively referred to as "claims") occurring in connection with or in anyway incidental to or arising out of the occupancy, use, service, operations or performance of work in connection with this contract, but only to the extent that such claims are caused by the negligence, misconduct or other fault of the contractor, its agents, employees, subcontractors or contractors. 2.11 The contractor agrees that items relative to Debit Card/Coin Operated Laundry service which are not covered herein may be added to this bid and resulting contract by the University without voiding the provisions of the existing contract. Additional services shall be furnished to the University by the contractor with additional consideration as needed to make it legally enforceable. The University intends to acquire Debit Card/Coin Operated Laundry service exclusively from the contractor. 2.12 The terms and obligations of this contract shall be applicable to Debit Card/Coin Operated Laundry Services operated in various and separate locations of the University (i.e. Housing, Student Center, etc.), including those locations leased by the University to tenants in which the specified service shall be required. Lessors of space to the University may reserve the right to determine the extent that the specified service shall be provided under this contract on their premises. 2.13 Recognizing that the successful performance of this contract is dependent on favorable response from the users, the contractor shall meet regularly with Brent Tilton, Director of Purchasing, Tom Biasi, Building/Grounds Superintendent, Grady Richartz, Director Campus Card and/or authorized student committees to effect adjustments in operations, and shall cooperate at all times to maintain maximum efficiency and good public relations with students, faculty and staff. 2.14 After the initial contract year, the parties upon mutual agreement may adjust the specific terms, commissions or guarantees of this contract where circumstances beyond the control of either party require adjustments. All adjustments shall be proposed in writing by the University to the System Office of Procurement for approval prior to becoming effective. All required contract amendment(s) shall be issued by System Office of Procurement. 2.15 The contractor shall be financially responsible for obtaining all required permits, licenses (including parking), and bonds to comply with pertinent Board of Regents/University of Wisconsin System regulations, and municipal, county, state and federal laws, and shall assume liability for all applicable taxes including but not restricted to sales and property. 2.16 The contractor shall furnish all supplies, equipment, management and labor necessary for the efficient operation of the specified services included in this contract, subsequent extensions and amendments. 2.17 The contractor shall occupy and use the premises, as defined by the University, only for Debit Card/Coin Operated Laundry service. The University shall not guarantee an uninterrupted supply of electricity or heat. The University shall be diligent in reporting service following an interruption. The University shall not be liable for any loss which may result from the interruption or failure of any such utility services. 2.18 The University shall have the right to make reasonable regulations on the method of service, opening and closing hours, safety, sanitation, maintenance and use of Debit Card/Coin Operated Laundry Service areas and the contractor agrees to comply with such regulations. Authorized representatives of the University shall have the full right of access to all Debit Card/Coin Operated Laundry Service areas at any and all times. 3.0 EQUIPMENT, UTILITIES, SUPPLIES AND SPACE USE 3.1 The Debit Card/Coin operated laundry equipment, and e-monitoring system hardware shall be new at the time of initial installation under this contract. The laundry equipment shall be acceptable to the University and of most recent design, of proven efficiency, and be of the same color when two or more machines are placed together at one location. The laundry equipment shall be modular in design and be the same height to give uniformity of appearance, except as otherwise mutually agreed by the University and contractor. Initial and subsequent equipment installation shall be identified by equipment serial number, manufacturer, meter reading and location for the permanent files of the University and the System Office of Procurement. All changes in the initial listing shall be arrived at by mutual agreement, and confirmed in writing with copy to the System Office of Procurement, including relocation. Laundry equipment shall be debit card ready. The University card system/platform is Blackboard Transaction Debit System. This system is a debit card program for use by students, faculty and staff for purchase of products at all vending, food service, laundry and other locations on campus. The University shall be responsible for the purchase of the cards, installation of communication lines, selling and establishing purchase value and vending categories for purchases. Wash and dry purchase value will be established in the system consistent with the laundry contract prices. The contractor shall be responsible for the cost and installation of Blackboard Transaction System laundry debit card machine interface devices as well as connections to the computer network. The contractor shall also be responsible for the cost and installation of e-monitoring system software and hardware as well as connections to the computer network The University will provide the wiring to the laundry rooms for the University card system. The University is responsible for the Blackboard Transaction System card readers and electronic mux board controllers in the laundry rooms. The University will provide assistance to the contractor with initial setup of the Blackboard Transaction System. 3.2 Electric washers and gas/electric dryers shall be installed coin operated/debit card ready (dryers in JTC are electric not gas). Washers shall be front load, minimum three cycle selection; regular, perma press and delicate 2 speed wash and spin action for true delicate operation. All washers shall have factory set cold rinse. All washers shall be set up for hot water, warm water and cold water temperature selection. All machines shall have an emergency safety switch to stop washer when door is open. It is desired to have battery back-up to protect all programmed information for life. It is desired that machines have special time of day pricing options. It is desired that machines have built in self-diagnostics to quickly identify problem areas. Self-diagnostics shall be activated manually or by using the handheld device. Cycle programmability shall be factory set at 35:00 minutes to allow longer extraction time, plus fill and programmable to customize wash and spin cycles for one dollar ($1.00) for a minimum laundry load capacity of fourteen pounds. Washer temperature default settings must be programmable. 3.3 Natural gas dryers load capacity shall be a minimum UL listing of 18 pounds. Cycles shall consist of four cycles, regular, perma-press, delicate, and air fluff. It is desired to be able to price by temperature selected to encourage use of energy efficient cycles. It is desired that the machines have special time of day pricing options. Factory shall set cycle programmability at forty five (45) minutes at a vend price of one dollar ($1.00) and programmable from one minute to forty five minutes. Both heat and cool down cycle temperatures shall be programmable. All machines shall have a programmable top off feature which allows user to add more time without adding full vend price at twenty-five cents ($.25) increments for 10 minutes of additional drying time. The University desires stackable dryers for operation in some of the Residence Halls as noted in the Appendix. The University prefers washers and dryers be computerized which interact with the user, count coins and cycles, and be self-diagnostic for faster repair service. Based on the Universities specific concern towards students with disabilities, it will be incumbent on the vendor to work with the University in regards to any ADA related issues that may arise during the term of the contract. The washer and dryer minimum times and specified prices shall not be adjusted without the prior written approval of the University and adjustments will not be considered until after the first year of the contract. Stackable dryers are required in some of the residence halls. The University does not provide linen service to students in residence halls. Students provide their own linens and use the laundry facilities for laundering their bed and bath linens. The individual users shall supply their own detergents, bleach, fabric softener, etc., at their own expense. Water Temperatures 3.3 The contractor shall be responsible for maintaining the washer water temperature at the setting recommended by the manufacturer. At the time of initial installation, the contractor shall check the temperature of the incoming hot water to each washer and advise the University of water heater adjustments required to maintain optimum wash/rinse water temperature and conserve energy. The contractor may be required to perform this service at intervals as mutually agreed during the life of this contract. Venting 3.4 The contractor shall ensure and provide maximum venting and drying for each dryer. This shall include, but not be limited to: venting materials, vent or exhaust fans and labor. Venting may be to the outside or into existing building ventilation system as determined by mutual agreement of the University and contractor. Each exhaust duct leading from a clothes dryer to the building ventilation system may be partially constructed of flexible ducting to allow for some physical movement of each unit caused by normal operating conditions. The intent is to minimize leakage and dislocation of rigid duct-work. Venting materials and exhaust fans installed by the contractor shall become the property of the University upon termination or cancellation of the contract. All venting shall be replaced at the beginning of this contract. Periodic Equipment Reviews 3.5 At regular intervals during the duration of the contract the amount of required equipment shall be examined by the University and contractor with the objective of providing the best possible service to the student body, staff and faculty. The locations of machines shall be determined by the University and may change during the contract. Ownership 3.6 Ownership of all laundry equipment with the exception of Debit card equipment shall remain with the contractor. However, the University agrees to take such measures as may be reasonably required, as defined by the University, for the protection against loss by pilferage or destruction. Vacation Periods 3.7 The coin operated laundry equipment shall be operated during the entire year, but with reduced service requirements for summer sessions and vacation breaks. Equipment Locks 3.8 Each piece of laundry equipment shall have a secured coin box and non- reset able meters, which is the responsibility of the contractor. Permits, Licenses, Refunds, and Operating Instructions 3.9 The contractor shall provide at each equipment location operating instructions and information to the user where malfunctions reports, operational comments, and refund requests may be made, including phone number for local, toll free or collect service calls. All information including permits, licenses and price regulations required to be posted shall be displayed by the contractor in an appropriate manner agreed by the University without defacing the facilities of the University. A campus e-mail address and voice mail number will be listed for customer use in reporting malfunctions, etc. Facility Security 3.10 The contractor is responsible for control of keys obtained from the University and the security of those areas for which and when they are used by its representatives. The contractor shall be responsible for immediately reporting all the facts relating to losses incurred, equipment damage or break-ins to their equipment and areas of the University. The University shall designate the authority as to who shall receive these reports and be responsible for key issue and periodic review of key control. Lock Cylinder/Key Replacement 3.11 The University is responsible for the costs of re-keying and replacing its lock cylinders, as determined by the University. The contractor shall be responsible for replacement of lost keys and the cost of re-keying and replacement of locking cylinders required as a result of its negligence. 3.12 Changeover and Removal of Equipment Upon Termination of Contract 3.12.1 On termination or expiration of this contract, the University and the contractor shall conduct an inspection of facilities. At this time the contractor shall surrender facilities and laundry room equipment including Debit card equipment to the University in as good condition as at the start of the contract; ordinary wear and tear and loss or damage by fire, flood, and other perils covered by extended coverage insurance excepted. 3.12.2 Debit Card/Coin operated laundry equipment not removed from the University locations on termination of this contract and/or after ten days written notice to the contractor may be removed and placed in storage by the University. All costs of removal, storage and revenue loss shall be the contractor's. If after sixty (60) days from the date of written notice for removal, the equipment remains at the University the disposition shall be at the discretion of the University. 3.12.3 Changeover of equipment , testing of e-monitor system and testing of debit card systems shall occur between contract signing and July 1, 2012 at which time laundry service shall become completely operational. Arrangements for removal and installation equipment shall be coordinated and approved by the University with the existing contractor. 3.13 Utilities 3.13.1 Where necessary, non-gas utilities shall be brought to the equipment by the University. The contractor shall be responsible for paying the costs of connections from the equipment to the provided utility source, including all other costs of installation of said equipment. 3.13.2 The University shall not guarantee an uninterrupted supply of water, steam, electricity, natural gas, or heat except that it shall be diligent in restoring service following an interruption. The University shall not be liable for any loss which may result from the interruptions or failure of any such utility service. On Line Equipment Viewing Access (e-monitoring system) 3.15 The contractor shall be responsible for all expenses related to the purchase, installation, connection, and maintenance of equipment for the system in all laundry rooms as listed in the attached schedule. The University shall supply an internet connection, accessible via an Ethernet outlet at each laundry room monitor. The University shall be responsible for the power source, installation and operating costs associated with providing the room an internet connection. The contractor shall provide a website and mobile application, if possible, including a monitoring page for each laundry room and the capability for residents to request e-mail notifications and text alerts upon completion of laundry cycles. Web customer support shall also be available from the site. The contractor shall use commercially reasonable efforts to ensure the website and mobile application, if possible, is available to residents at all times. Usage and other information the system may generate shall be reported in a format and type mutually agreeable quarterly to the campus contract administrator. 4.0 EQUIPMENT AND FACILITIES MAINTENANCE, REPLACEMENT AND SANITATION 4.1 All washers and dryers shall be maintained throughout the life of this contract in condition satisfactory to the University. The University will maintain responsibility for cleaning the laundry rooms and furnishings. Thus, the contractor shall adhere to the highest standards of cleanliness and sanitary practices to insure continual sanitation in all functions and matters related to the execution of the terms of this contract. Site and Equipment Inspections 4.2 The University shall periodically without advance notification inspect the laundry facilities and equipment with or without a contractor's employee. A management representative of the contractor shall conduct equipment and facilities maintenance and sanitation inspections periodically. A copy of all inspection reports shall be furnished the University by the contractor. The contractor is responsible to implement corrective operating measures required as a result of these inspections and reports within ten days notification from the inspecting agency and by mutual agreement of the University. Preventative Maintenance Program 4.3 Contractor shall institute and monitor a program of preventive maintenance and regular replacement of worn, damaged, or malfunctioning equipment. The University shall not perform maintenance or repair on any equipment of the contractor. A preventive maintenance program, including mandatory weekly walk through of each laundry location checking for the following: ensuring all units are working if not repairing or replacing, cleaning main vent filter and check card reader to make sure all units are registered for operation and bi-annual cleaning and maintenance procedures, shall be initiated by the contractor and agreed to prior to the start of the contract. Malfunction and Repair Service 4.4 Reported malfunctions shall be serviced by not later than twenty-four (24) hours after receiving a malfunction report from the University. Equipment which cannot be returned to full service within 72 hours of notification of needed repair shall be replaced with comparable equipment of like quality until the original equipment is returned to service. Weekend maintenance and repair shall be of emergency nature only. The contractor shall provide the University a toll free number or accept long distance calls for required service. Out of Order Signage 4.5 The contractor in association with and by mutual agreement of the Office of Residence Life Contract Representative shall develop and provide for posting the following minimum information signage: a. Temporarily Out of Order, Sorry for the Inconvenience b. Instructional signs addressing how to operate the washers and dryers c. Instructional signs addressing how to operate the debit card reader to active the washers and dryers d. Refund information, including how and where to register a complaint e. Instructional signs addressing how to operate e-monitor system including website address and mobile app Equipment Replacement 4.6 The contractor shall maintain a continual program of equipment replacement in high volume locations where obsolescence becomes a factor resulting in potential service or sales reduction. The University may require the contractor to replace equipment which continually results in service or sales reduction. University Purchase Responsibility 4.7 The University shall be responsible for the purchase of non-laundry capital equipment which is not part of the contractor's renovation plan and shall make or authorize the repair and replacement or worn, damaged or malfunctioning equipment and related facilities, except wearing, damage or malfunctioning which is caused by the negligence of the contractor or its agents. Industry Advancements 4.8 The contractor shall be alert to changing Debit Card/Coin Operated Laundry Service trends, new market forms of supplies and equipment and technological improvements being evolved throughout the Debit Card/Coin Operated Laundry Service industry. By mutual agreement, the contractor shall be expected to initiate ideas for varied methods of Debit Card/Coin Operated Laundry Service within the conditions of this contract. New Security Advancements 4.9 The contractor shall keep the University informed of new industry security measures in use. The University shall institute or execute such measures required to accomplish maximum property, equipment and revenue security when presented in writing by the contractor and mutually agreed by the University. Waste Containers 4.10 The University shall provide waste containers in the laundry areas, where necessary, and in sufficient number, to maintain sanitary standards for trash disposal. All waste containers shall be kept in a clean and satisfactory condition at all times, and emptied as often as necessary by the University. Pest Control 4.11 The University shall be responsible for the costs of insect and pest control in all Debit Card/Coin Operated Laundry Service and storage areas. Charge-backs 4.12 The University shall issue a monthly charge-back invoice for services such as fax, copying, printing and such other services as mutually agreed. The contractor shall pay each invoice within twenty (20) days of the billing date. Marketing and Promotion 4.13 The contractor shall prepare and submit a marketing and promotion plan to the University as part of this bid process. The marketing and promotion plan must include an annual calendar of planned activities that demonstrate a commitment to customer service and promotion of the laundry services. A marketing plan should be coordinated between the contractor’s representative and the campus’ operations manager as well as the Debit Card Operations Manager prior to August 15 of each year. 5.0 PERSONNEL, EMPLOYMENT PRACTICES AND STAFFING Contractor Contract Personnel 5.1 The contractor shall provide headquarters management staff to routinely review and inspect operations, provide expert administrative, equipment consulting, personnel supervision and fill staff vacancies. The contractor shall appoint a contract administrator to consult with the University on current and future service programs, and to act with full authority on the contractor's behalf in any and all matters pertaining to contract specifications. Personnel Relations 5.2 Personnel relations of employees on the contractor's payroll shall be the contractor's responsibility. The contractor shall comply with all applicable government regulations related to the employment, compensation, and payment of personnel. Personnel of the contractor shall observe all regulations of the University. The contractor shall have in their employ sufficiently qualified and competent personnel to perform work promptly and in accordance with requirements. Staff Training 5.3 The contractor shall have the resources and staff for continually providing satisfactory training and development programs for his employees at all levels of the organization. Regularly scheduled employee training shall be conducted by the contractor regarding such subjects as laundry equipment maintenance, defensive driving, equipment repair, and proper sanitation. The contractor shall be responsible for the expense of such training meetings. Employee Uniforms 5.4 The contractor shall provide employee uniforms that identify the contractor and employee. Free or Discounted Service 5.5 Free laundry days for residents should be coordinated as part of the marketing plan and approved by the campus contract representative. Parking Fees 5.6 Initially, the University does not require but may at any time during the duration of this contract require the contractor to pay parking fees for each vehicle used on campus in the service of this contract. At the start of this contract the fee is $136 per year which shall be subject to change prior to and during the duration of this contract. Professional Services 5.7 The University may from time to time request the professional services of the contractor to assist on a consulting basis in the development of layouts and specifications for new or remodeled Debit Card/Coin Operated Laundry Service facilities at no cost to the University except by mutual agreement. 6.0 COMMISSIONS, ACCOUNTING AND PAYMENTS 6.1 Commissions and Annual Guarantees Commissions and annual Guarantees shall be submitted on the attached bid submittal form by the contractors on gross sales (less refunds and tests) as follows: 6.1.1 As a composite commission percentage for all coin operated laundry equipment, or an annual guarantee total commission per year per resident student of twenty six dollars ($26.00), whichever is greater. The contractor may elect to quote a lower annual guarantee than the maximum specified. 6.2 Accounting Record Retention 6.2.1 The University shall maintain complete and accurate records laundry equipment transactions for each machine in accordance with accepted industry accounting practices, and keep in a safe place all such financial records and statements pertaining to the operations at the University for a period of three (3) years from the close of each year's operation. The University shall make available such records for inspection by the contractor by request. Non Re-set Meters 6.2.2 The debit card sales data as recorded by the University’s main computer plus receipt of the Universities/contractor's cash collections shall be used as the basis to compute laundry sales (verified by machine meter readings) and commissions payable to the University. The contractor shall install and maintain in operative condition non-reset item sale counters on all laundry equipment. Each period statement shall include beginning and ending counter readings for each piece of equipment. Receipts from coin operated laundry service are not taxable except when they are activated by tokens or magnetic cards. The contractor is responsible for payment of all sales tax for debit card service. Collection and Meter Count Procedures 6.2.3 Money collections shall be made by the University and contractor at times pre-determined by the University and mutually agreed upon by the contractor. The University shall at a minimum make collections monthly. It is preferred that collections occur on a flexible semi-monthly basis (two times a month). Counters on each piece of equipment shall be read during this time by the contractor and shall be recorded in writing and submitted to the Office of the Building/Grounds Superintendent and the Card Office on the same day. System reports shall be run the same day by the cashier and a copy of that report shall be forwarded to the contractor after verification of the money collected to the report. University Accounting shall send the check and the reports to the contractor. Revenue discrepancies from the composite of these collections and that reported on the written counter reading statements shall be explained by the University in writing as part of such written statement. 6.2.4 Periodically for audit purposes, and to verify revenue control, a representative of the Contractor shall accompany the University’s employee when meter counts and money collections are made. Upon conversion to a total debit card system, modifications to this procedure shall be made upon mutual agreement of the University and contractor. Refunds 6.2.4 A voucher refund system shall be required and shall involve dispersing of funds through representatives of the University. The voucher system shall include a form supplied by the University to be filled out by the person making refund claim and shall include the following information: what machine, amount of refund, when, what happened, date, building, and who suffered loss. The contractor shall expedite and be liable for the supply and maintenance of funds for such refunds to the satisfaction of the University. Each coin operated/debit card laundry equipment location shall be provided with instruction where refunds may be obtained. Signs require prior approval of the University. Uniform Period Statements 6.2.5 Contractors with coin operated Debit Card/Coin Operated Laundry Service at more than one University of Wisconsin University shall provide period statements which are uniform at each University as nearly possible as the obligations of each contract specifications permit. 6.3 Payments 6.3.1 The University shall pay to the Contractor the amount of gross sales less commissions as reconciled to the machine meter readings and Blackboard transaction system data. The monthly payment shall be paid to the contractor no later than the 20th of the month following the monthly sales collection period. A report shall accompany this payment with a detailed explanation of dollar sales by each washer and dryer, by location, and extension of commissions and a composite statement of said dollar sales and commissions. Causes of abnormal revenue deviations shall be noted by the University as part of these statements. For the purpose of this contract, gross sales are defined as total sales, including State Sales Tax (debit card sales only), less refunds and tests. Commission Statements and Payment 6.3.2 A summary of all shall be sent to System Office of Procurement by the University by the twentieth (20th) day following each quarter; June, September, December and March. Guarantee Payments 6.3.3 One year from the effective date of this contract, and each full year thereafter during the life of the contract, the contractor shall pay the University that portion of commissions due, if any, to equal the guaranteed annual commission required in this contract. Payment shall be made by the 20th day of the following accounting period and recorded as commissions paid in the year the guarantee was due. On expiration or termination of this contract partial year guarantee minimum commissions due, if any, shall be calculated as that portion of the total number of academic months and average number of residents is to the annual guaranteed commission for the number of academic months and average number of residents for which service was provided. An annual guarantee per resident student per academic year shall be paid the University as provided per bid submittal. Academic year occupancy shall be determined by the University using the average of the official residence halls occupancy as of the tenth (10th) day of classes each semester. The University shall provide the contractor this average information not later than April 1st each year. Commission Due Until Equipment Removed 6.3.4 On expiration or termination of this contract commissions due the University shall be paid on sales until all equipment has been removed, and the removal date shall be indicated on the period statement when each piece of equipment was removed, including equipment removed at any time during the contract period prior to expiration. Statement Reviews 6.3.5 On request of the University, the contractor shall meet with the University and review each period statement, explain deviations, discuss problems, and mutually agree on courses of action to improve the results of the required services included in this contract. Period statement adjustments required as a result of review and/or audit shall be identified and reflected on the next period statement. Audit 6.3.6 Non-reset item counter sales and dollar sales revenue reports shall be audited by management representatives of the contractor and University to verify the receipt control periodically. 6.3.7 All records pertaining to the operations of the coin operated Debit Card/Coin Operated Laundry Service shall be open for inspection and/or audit by the State and/or University of Wisconsin at any or all reasonable times. Contractor Revenue Losses 6.3.8 Commissions shall not be paid on the contractor's revenue losses resulting from vandalism or theft of money from equipment at the University. Commissions will be paid on any recovered funds. 7.0 BIDDER'S INFORMATION It is the purpose of this invitation to bid to obtain complete data from each bidder to enable the University to determine which bidder is best able to serve all of the criteria which are to be considered in the award of this contract. To this end, each bidder shall furnish as a part of this bid a complete description of capabilities in the field of Debit Card/Coin Operated Laundry Service. From the total information required determination shall be made by the University of the bidder's demonstrated financial, managerial and operational ability and resources to serve the University. Only bids from financially responsible organizations or individuals, as determined by the University, presently engaged in the business of Debit Card/Coin Operated Laundry Service which have the capability to perform as specified and provide professional services shall be considered. Bidders shall provide a written response to all required bidder's information. Each response shall be numbered to coincide with the bidder's information numbering and presented in the sequence listed. The bidder's information should be prepared simply and economically, providing a straightforward, concise description of that which is required. Omission, inaccuracy or misstatement may be sufficient cause for rejection of the bid. Emphasis should be on completeness and clarity of content. Bidders information is required even if it is currently on file at UW System Office of Procurement with previous or current bids. The qualification criteria the bidder's must meet to be considered for an award are: * * Reference checks from a minimum of three (3) clients currently under contract with your company must indicate consistent high quality service. The bidder must be free of all financial obligations to the State or University; excluding non-delinquent State installment income tax payments. Financial capacity of the bidder must be sufficient to support the specified service; provide initial equipment and labor and cash flow to guarantee performance. The contractor must currently own the specified business and must have owned and operated a Debit card/ Coin Operated Laundry business a minimum of three (3) years. The contractor must currently own and operate a minimum of fifty (50) washers and dryers at one or more locations. * The contractor must currently own and operate an e-monitoring system at one or more locations. * The contractor's response must clearly demonstrate the capacity to handle the requirements of this contract in addition to current workload. * * * 7.1 Name and address of operating company and list of all the owners of the company or principals of the corporation. 7.2 The duration and extent of experience in the operation of Debit Card/Coin Operated Laundry Services. Explain in detail. Include number of debit card campuses, number of machines on those campuses, the type of debit card platform used and e-monitoring system used. 7.3 A list of operations (may be a list of a number of accounts) where you are, or have within two years, owned or provided the specified service. Give length of time at each account, name, address and phone number of contact person of each operation, number and type of machines installed. The list shall include a minimum of three (3) similar operations. The University reserves the right to contact the references to verify above average service and marketing. 7.4 Describe any pending litigation and/or outstanding judgement(s) your company is currently involved in. 7.5 A complete operating statement or annual report as of your last fiscal year of operations. Certification of this report by a Certified Public Accountant may be required. 7.6 A list of related Debit Card/Coin Operated Laundry service industry and bank references with which the company is currently transacting business. If your company will require monetary assistance to operate this account, state amount required and anticipated source. 7.7 A table of company organization and a proposal for the service and staffing required under the terms of the contract including personnel qualifications of the administrative and maintenance personnel that will be assigned to the contract as well as employee training programs. 7.8 Describe your internal accounting program and include forms used for: 7.8.1 Method of recording, checking, and reporting and sales-forms used. (Include samples). 7.9 7.8.2 Route and internal control of cash handling, personnel payroll accounting controls, customer charge-billing procedures, refund system, including forms used. 7.8.3 Internal audit system, including forms used. 7.8.4 Regular accounting and revenue and commission reporting forms used with explanation of each. A description in detail of your program and procedures for preventive maintenance and regular replacement of worn and/or malfunctioning equipment including reporting procedures for non-working equipment and response time to be expected as well as the frequency of cleaning for machines and ductwork. 7.10 A description of the make and model, including debit card capability of the equipment you intend to provide. Also describe the e-monitoring system capabilities you will intend to install. 7.11 A detailed description of the procedures to be followed by customers who have had clothing damaged in the contractor's equipment, as well as a description of the contractor's response to such claims. 7.12 Your debit card operation and e-monitoring system installation/hookup plan to take place prior to the start of the contract. 7.13 Your program(s) to access and address the service needs of the student consumers/include evaluation and marketing plans you intend to use. 7.14 Other such information as the bidder deems pertinent for consideration by the University. 7.15 The University may request supplementary information as is sufficient, in the opinion of the University, to assure the University that the bidder's competence, business organization, and financial resources are adequate to successfully perform the specified service. 8.0 BID SUBMITTAL FOR DEBIT CARD/COIN OPERATED LAUNDRY SERVICES Subject: Debit Card Operated Laundry Services for the University of Wisconsin – Stout We, the undersigned, in compliance with the Quotation Request Number PS-12-2353 dated April, 2012 for Debit Card/ Coin Operated Laundry Services shall pay the following commissions and guarantees to the University of Wisconsin Stout for gross sales as follows. In making this bid, acknowledge that we have read and understood this Quotation Request and hereby submit our bid in accordance with the terms and conditions of the bid specifications and agree to fulfill our legal obligations pursuant to these Debit Card/Coin Operated Laundry Service contractual provisions. 8.1 EMONITORING SYSTEM The contractor agrees to pay to the University percent ( %) commission on Debit Card/Coin Operated Laundry Service Gross Sales, or a guarantee of twenty six dollars ($26.00) per resident student per year, whichever is greater. The contractor, at its option, may elect to quote a lower annual guarantee of ($ ). NOTE: do not make an entry on this option unless a lower maximum annual guarantee is intended. THE BELOW ADDENDA HAVE BEEN RECEIVED AND CONSIDERED IN PREPARATION OF THIS BID. PLEASE COMPLETE THE ACKNOWLEDGMENT BY SIGNING AND INSERTING THE DATE OF THE ADDENDA. WE ACKNOWLEDGE: ADDENDUM #1 DATE ADDENDUM #2 DATE NAME ______________________________________ TITLE ________________________________________ DATE _______________________________________ FIRM _______________________________________ ADDRESS _____________________________________ CITY ZIP STATE __________ PHONE ___________________ FAX ________________________________________ EMAIL ______________________________________ FEIN ________________________________________ SCHEDULE A Required Debit Card/Coin Operated Laundry Equipment University of Wisconsin – Stout Residence Hall Population Desired Washers Desired Dryers Washer/ dryer Stackable unit stacked North Hall 371 7 ADA 10 dryers (5 stackable units) A/F/McCalmont 384 10 12 dryers CKTO 463 10 10 dryers ADA HKMC (1 stackable unit) 462 12 13 dryers at two locations South Hall 353 7 10 dryer (5 stackable units) Wigen Hall 221 Fleming Hall 199 Hovlid Hall 180 JTC 277 5 5 individual dryers 5 1unit 2 dryers 8 5 9 dryers at two locations Red Cedar 296 ADA TOTAL 15 units 2 Individual washers 2 Individual dryers ADA ADA 61 74 Washer/dryer stacked 25 McCalmont is planned to be off-line for spring/summer 2014 JTC is planned to be closed beginning summer 2014 North Hall A/B Cubes planned to be off-line spring/summer 2015 North Hall Cube C planned off-line spring/summer 2016 South A/B planned planned off-line spring/summer 2017 South Cube C planned off-line spring/summer 2018 1. The YTD gross sales for the 2011 - 2012 fiscal year are $ 84,765 The gross sales for the 2010 - 2011 fiscal year are $140,573 The gross sales for the 2009 – 2010 fiscal year were $139,948 2. Current Commission - 65% of net sales (gross sales less refunds, tests, and sales tax) Current Annual Guarantee - $ 26.00 per resident student 3. Projected Washer and Dryer Gross Sales for 2012-13 is $140,000. This projection shall be used as part of bid evaluation. 4. Campus map may be found at: http://www.uwstout.edu/guide/index.cfm#iTab_1 1.0 STANDARD TERMS AND CONDITIONS SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The State of Wisconsin shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal. 2.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable. 3.0 QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the State of Wisconsin. 4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right to increase or decrease quantities to meet actual needs. 5.0 6.0 7.0 8.0 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified. PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts. 6.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration. 6.2 Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be submitted to the contracting agency thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the contractor which are demonstrated to be industrywide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements. 6.3 In determination of award, discounts for early payment will only be considered when all other conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30). UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act. ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the State of Wisconsin. Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid/proposal is due. Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a bid/proposal by the purchasing office. 9.0 METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified. 10.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized. 11.0 PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. A good faith dispute creates an exception to prompt payment. 12.0 TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The State of Wisconsin may be subject to other states' taxes on its purchases i n that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials. 13.0 GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery schedules as specified or to promptly replace 14.0 rejected materials shall render the contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs. ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority. 15.0 APPLICABLE LAW: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel any contract with a federally debarred contractor or a contractor which is presently identified on the list of parties excluded from federal procurement and non-procurement contracts. 16.0 ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser). Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract. 17.0 ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the prior written consent of the State of Wisconsin. 18.0 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals. 19.0 NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. 19.1 Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor has a workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is awarded, the contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency. 19.2 The contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law. 19.3 Failure to comply with the conditions of this clause may result in the contractor's becoming declared an "ineligible" contrac tor, termination of the contract, or withholding of payment. 20.0 PATENT INFRINGEMENT: The contractor selling to the State of Wisconsin the articles described herein guarantees the articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe any United States patent. The contractor covenants that it will at its own expense defend every suit which shall be brought against the State of Wisconsin (provided that such contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit. 21.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the State of Wisconsin must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code, the Rules of the Industrial Commission on Safety, and all applicable OSHA Standards. 22.0 WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the contractor. 23.0 INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall: 23.1 Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work. 23.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage. 23.3 The state reserves the right to require higher or lower limits where warranted. 24.0 CANCELLATION: The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract. 25.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin. 26.0 PUBLIC RECORDS ACCESS: It is the intention of the state to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities. Bid/proposal openings are public unless otherwise specified. issuance of the notice of intent to award or the award of the contract. 27.0 28.0 Records may not be available for public inspection prior to 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 applicabl e State of Wisconsin procurement regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted. However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation. 27.1 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot by copyrighted or patented. All data, documentation, and innovations become the property of the State of Wisconsin. 27.2 Any material submitted by the vendor in response to this request that the vendor considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary Information form (DOA-3027). Bidders/proposers may request the form if it is not part of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential. DISCLOSURE: If a state public official (s. 19.42, Wis. Stats.), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123). State classified and former employees and certain University of Wisconsin faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis. Stats. 29.0 RECYCLED MATERIALS: The State of Wisconsin is required to purchase products incorporating recycled materials whenever technically and economically feasible. Bidders are encouraged to bid products with recycled content which meet specifications. 30.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s). 31.0 PROMOTIONAL ADVERTISING / NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its departments, agencies or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the State of Wisconsin. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency. 32.0 HOLD HARMLESS: The contractor will indemnify and save harmless the State of Wisconsin and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the contractor, or of any of its contractors, in prosecuting work under this agreement. 33.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of Financial Institutions, unless the corporation is transac ting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of Corporation, P. O. Box 7846, Madison, WI 53707-7846; telephone (608) 266-3590. AFFIDAVIT University of Wisconsin System 780 Regent Street Madison, WI 53715 This completed affidavit must be submitted with the bid/proposal. Proposer Preference: Please indicate below if claiming a proposer preference. Minority Business Preference (s. 16.75(3m), Wis. Stats.) - Must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 8th Floor, 123 W. Washington Ave., P.O. Box 7970, Madison, Wisconsin 53707-7970, (608) 267-9550. Work Center Preference (s 16.752, Wis Stats.) - Must be certified by the State of Wisconsin Use Board. If you have questions concerning the certification process, contact the Wisconsin State Use Board, 101 East Wilson Street, 6th Floor, PO Box 7867, Madison, Wisconsin 53707-7867 or 608/2662553. American-Made Materials: The materials covered in our 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 Non-Collusion: In signing this proposal we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free trade; that no attempt has been made to induce any other person or firm to submit or not to submit a proposal; that this proposal has been independently arrived at without collusion with any other proposer competitor or potential competitor; that this proposal has not been knowingly disclosed prior to opening of proposals to any other proposer or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions, and specifications required by the State of Wisconsin in this Announcem ent of Bid/Proposal and the terms of our bid/proposal. Authorized Representative Title Type or Print Authorized Representative Date (mm/dd/ccyy) Signature Company Name Telephone ( ) This document can be made available in accessible formats to qualified individuals with disabilities. STATE OF WISCONSIN DOA-3027 N(R01/98) DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION The attached material submitted in response to Bid/Proposal includes proprietary and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval. Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential. Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats. as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply: 1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. 2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances. We request that the following pages not be released Section Page # Topic _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE UNDERSIGNED HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSARY ASSISTANCE TO DEFEND THE DESIGNATION OF CONFIDENTIALITY AND AGREES TO HOLD THE STATE HARMLESS FOR ANY COSTS OR DAMAGES ARISING OUT OF THE STATE'S AGREEING TO WITHHOLD THE MATERIALS. Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response will be open to examination and copying. The state considers other markings of confidential in the bid/proposal document to be insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified above. Company Name ___________________________________________ Authorized Representative ___________________________________________ Signature Authorized Representative ___________________________________________ Type or Print Date ___________________________________________ This document can be made available in accessible formats to qualified individuals with disabilities. 1
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