State of Wisconsin Wis. Statutes s.16.75 DOA-3070 (R08/2003) BIDS MUST BE SEALED AND ADDRESSED TO: AGENCY ADDRESS: University of Wisconsin Milwaukee Purchasing Office Mail to: Deliver to: PO Box 777 Engelmann Hall Room 180 Milwaukee WI 53201 2033 E Hartford Ave Milwaukee WI 53211 REQUEST FOR BID H9-54-O Remove from bidder list for this commodity/service. (Return this page only.) Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid #. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award. Bids MUST be in this office no later than THIS IS NOT AN ORDER BIDDER (Name and Address) 6/19/2009 2:00 PM CDT Name (Contact for further information) Date Howard S Shimon 6/10/2009 Phone Fax 414-229-5212/4301 Email [email protected] 414-906-8406 Quote Price and Delivery FOB Destination Item No. Quantity and Unit Description E-MAIL AND FAX BIDS ARE ACCEPTED Price Per Unit Total Furnish labor, equipment and material to trim and remove trees and grind stumps on an on-call basis for the period 7/1/09 – 6/30/10. The University reserves the right to renew the contract for two additional one-year periods with vendor approval. IN ORDER FOR BID TO BE CONSIDERED, BIDDER MUST SIGN AND RETURN THIS REQUEST FOR BID FORM AND ALL ATTACHMENTS WHERE INFORMATION IS REQUESTED. References are to be provided where designated on bid documents. References indicating unsatisfactory, unresponsive or irresponsible performance may result in rejection of bid. Award will be made to the lowest responsive, responsible bidder meeting all requirements of this document. Payment Terms Net 30 Days Earliest Start & Completion Dates We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids. We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605. Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States. Yes No Unknown In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid. Name of Authorized Company Representative (Type or Print) Title Signature of Above Date E-Mail Address: This form can be made available in accessible formats upon request to qualified individuals with disabilities. Phone ( Fax ( ) ) Internet (Web) Address: University of Wisconsin – Milwaukee Request for Bid H9-54-O Blanket Contract for Tree Maintenance and Removal Specifications and General Conditions DESCRIPTION AND PURPOSE OF THE REQUEST FOR BIDS The University of Wisconsin - Milwaukee issued this document to provide interested parties with information to enable them to prepare and submit a bid for Tree Maintenance and Removal. This bid covers the furnishing of labor, tools and equipment. Successful contractor will be expected to provide tools of the trade and required supplies at no additional cost. CONTRACT TERM AND RENEWAL This contract will be for a one (1) year period with the option to renew for two (2) additional oneyear periods by mutual agreement. ON SITE SERVICE In carrying out the scope of this Contract, the Contractor will be performing services on UWM property. Bidders cost must include all transportation and insurance charges. The contractor is required to maintain insurance in compliance with "Standard Terms and Conditions 23.0 Insurance." See INSURANCE REQUIREMENTS, below. INSURANCE REQUIREMENTS In order for any contractor to perform work on University of Wisconsin Milwaukee premises, the contractor must provide 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- or better, is licensed to do business in the State of Wisconsin, and is signed by an authorized agent. Coverage requirements are as follows: Coverage Type A. Worker's Compensation B. C. D. E. Minimum Limit REQUIRED-NO EXCEPTIONS Commercial General Liability General. Aggregate, Including $1,000,000 Products and Completed Operations Each Occurrence $1,000,000 Automobile Liability Combined Single Limit $1,000,000 If hazardous substance is involved: Contractor's Pollution Liability (With one year extended reporting period.) Each Occurrence $1,000,000 Aggregate $2,000,000 Additional Insured Provision: Page 1 of 5 University of Wisconsin – Milwaukee Request for Bid H9-54-O Blanket Contract for Tree Maintenance and Removal Specifications and General Conditions The contractor shall add the, "Board of Regents of the University of Wisconsin System, its officers, employees, and agents" as an additional insured under the commercial general, automobile and contractor's pollution liability policies. The certificate holder shall be listed as the University of Wisconsin Milwaukee. 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 any way 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 or result from the negligence, misconduct or other fault of the contractor, its agents, employees, subcontractors or contractors. All policies of insurance shall contain a covenant requiring sixty (60) days written notice by the insurer and sent certified mail to the contract administrator at the specific institution, before cancellation, reduction or other modifications of coverage. The insurance certificate shall be for the initial contract period and shall be renewed by the contractor for each subsequent renewal period of the contract. In the event of non-renewal, cancellation, or expiration, the contractor shall provide the University evidence of the new source(s) of required insurance within twenty-one (21) calendar days after the University's receipt of the sixty (60) day notice. Failure to maintain the required insurance in force may be cause for contract termination. In the event that the contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to cancel and terminate the contract without notice. The certificate holder shall be listed as the University of Wisconsin Milwaukee. The Certificate of Insurance should be sent to my attention at the Purchasing Office. Receipt of said Certificate by the University shall be a requirement of any Purchase Order issued to your company. Please contact Howard Shimon (see ADDITIONAL INFORMATION, below) if you have any questions regarding this requirement. We recommend that you discuss insurance requirements with your insurance agent or risk manager. If they have further questions, your insurance agent or risk manager may contact our Risk Manager at 414-229-5079. ADDITIONAL INFORMATION Contact Dennis Greenwood by e-mail at [email protected] or by telephone at (414) 229-6272 with technical questions relating to this service. Any questions about the Bid Request and specifications are to be submitted to Howard Shimon in writing by fax at (414) 906-8406 or e-mail at [email protected] Questions of a general nature may be communicated by telephone at (414) 229-5212. All communications regarding the Bid Request must reference Request for Bid H9-54-O. Page 2 of 5 University of Wisconsin – Milwaukee Request for Bid H9-54-O Blanket Contract for Tree Maintenance and Removal Specifications and General Conditions METHOD OF BID Bidder must provide the rates requested on the Cost Sheet as well as all information request in the attachments. Prices listed are to be in US dollars. METHOD OF AWARD Award shall be made on the basis of the lowest responsive, responsible bidder submitting the lowest rates that are judged to be in the best interest of the University. Bids that state that a specific quantity or dollar amount has been guaranteed will be disqualified. BID OPENING: Bidders are welcome to attend the public reading of the bids which will be held at the due date and time at the delivery address for the bid documents. BID ACCEPTANCE Bids that fail to comply with instructions and specifications in this RFB may be rejected by the University. The University may request reports on a vendor's financial stability, and if financial stability is not substantiated may reject a vendor's bid. The University retains the right to accept or reject any or all bids, or accept or reject any part of a bid as deemed to be in the best interest of the University. The University shall be the sole judge as to compliance with the instructions contained in this RFB. BID EVALUATION Bids will be evaluated to verify that they meet all specified requirements in this RFB. This verification may include requesting reports on the vendor's financial stability, conducting demonstrations of the vendor's proposed products(s) and/or service(s), and reviewing results of past awards to the vendor by the University. NOTIFICATION OF AWARD Any vendors who respond to this RFB with a bid will be notified in writing of the intent to award a contract to the selected bidder. APPEALS PROCESS The appeals procedure applies to only those requests for bids that are greater than $25,000. Notices of intent to protest must be made in writing. Protestors should make their protests as specific as possible and shall identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated. Page 3 of 5 University of Wisconsin – Milwaukee Request for Bid H9-54-O Blanket Contract for Tree Maintenance and Removal Specifications and General Conditions The written notice of intent to protest the intent to award a contract must be filed with the Chancellor, c/o Manager of Purchasing, UW--Milwaukee, P O Box 777, Milwaukee WI 53201 (414-229-4304) and received in his office no later than five (5) working days after the Notice of Intent to Award is issued. The written protest must be received in his office no later than ten (10) working days after the notices of intent to award are issued. The decision of the head of the procuring agency may be appealed to the Secretary of the Department of Administration within five (5) working days of issuance, with a copy of such appeal sent to the procuring agency, provided the appeal alleges a violation of a statute or a provision of a Wisconsin Administrative Code. MINORITY PREFERENCE The State of Wisconsin is committed to the promotion of minority business in the state’s purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss. 15.10(2), 16.75(4), 16.75(5) and 560.03(2), Wisconsin Statutes. The contracting agency is committed to the promotion of minority business in the state’s purchasing program. Bids from certified Minority Business Enterprises may have points weighted by a factor of 1.00 to 1.05 to provide up to a five percent (5%) preference to these businesses. MINORITY BUSINESS PARTICIPATION The Contractor is encouraged to purchase services and supplies from minority businesses certified by the Wisconsin Department of Development, Bureau of Minority Business Development. Contractor shall include in the Bid any purchases of such supplies and services necessary for the implementation of the Contract. The contractor may obtain additional information from the Director of the MBE program (608-267-7806). MAJOR PROJECTS The University of Wisconsin - Milwaukee reserves the right to bid any project it considers to be in its best interests and shall not be required to use this contract under such circumstances. CONTRACT CANCELLATION The University of Wisconsin - Milwaukee reserves the right to cancel this contract upon 30 days written notice to the contractor if it is determined that the contractor's management or operation is unsatisfactory in any respect and the contractor has failed, neglected, or refused to comply with the terms of this contract, or if economic conditions or other unforeseen factors governing operation of the University of Wisconsin - Milwaukee require such action. Page 4 of 5 University of Wisconsin – Milwaukee Request for Bid H9-54-O Blanket Contract for Tree Maintenance and Removal Specifications and General Conditions VENDORNET The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies, goods and services that the state buys, and tips on selling to the state. Vendors may use the same Web site address for inclusion on the bidders list for goods and services that the organization wants to sell to the state. A subscription with notification guarantees the organization will receive an e-mail message each time a state agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $25,000. Organizations without Internet access receive paper copies in the mail. Increasingly, state agencies also are using VendorNet to post simplified bids valued at $25,000 or less. Vendors also may receive email notices of these simplified bid opportunities. The annual fee for this service is $125 ($65 for certified minority businesses and certified work centers). The fee is currently being waived. Page 5 of 5 Cost Sheet Rate/hr $_________ (48%) Travel time $_________ (8%) Rate/using bucket $_________ (36%) Grind stumps shallow Less than 3 stumps $________/inch (2%) 3 or more stumps $_________/inch (2%) Grind stumps deep Less than 3 stumps $________/inch (2%) 3 or more stumps $_________/inch (2%) Award to be based on amounts bid with weighted percentages listed above. Standard Terms And Conditions (Request For Bids / Proposals) Wisconsin Department of Administration Chs. 16, 19, 51 Wis. Stats. DOA-3054 (R09/2004, with UW Milwaukee Revisions dated 9/27/05) 1.0 2.0 3.0 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. SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The State of Wisconsin shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal. DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable. 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. QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the State of Wisconsin. 4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right to increase or decrease quantities to meet actual needs. 5.0 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified. 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. 6.0 12.0 PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts. 6.1 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 The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The State of Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials. 13.0 GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs. 14.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority. 15.0 APPLICABLE LAW AND COMPLIANCE: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin In determination of award, discounts for early payment will only be considered when all other conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30). 7.0 UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act. 8.0 ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, 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. Page 1 of 3 Standard Terms And Conditions (Request For Bids / Proposals) Wisconsin Department of Administration Chs. 16, 19, 51 Wis. Stats. DOA-3054 (R09/2004, with UW Milwaukee Revisions dated 9/27/05) reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. The State of Wisconsin also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts. 16.0 ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser). Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract. 17.0 ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the prior written consent of the State of Wisconsin. 18.0 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals. 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 20.0 applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe any United States patent. The contractor covenants that it will at its own expense defend every suit which shall be brought against the State of Wisconsin (provided that such contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit. 21.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the State of Wisconsin must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards. 22.0 WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the contractor. 23.0 INSURANCE RESPONSIBILITY: The contractor performing services for the University shall provide the University a Certificate of Insurance with the required coverage and limits of insurance issued by an insurance company that has an AM Best Rating of A-, is licensed to do business in the State of Wisconsin, and signed by an authorized agent. The contractor shall: Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor has a workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is awarded, the contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency. 19.2 The contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law. 19.3 Failure to comply with the conditions of this clause may result in the contractor's becoming declared an "ineligible" contractor, termination of the contract, or withholding of payment. PATENT INFRINGEMENT: The contractor selling to the State of Wisconsin the articles described herein guarantees the articles were manufactured or produced in accordance with Page 2 of 3 23.1 Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work. 23.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage. 23.3 The University reserves the right to require higher or lower limits where warranted. 23.4 The contractor shall add the "Board of Regents of the University of Wisconsin System, its officers, employees, and agents" as an additional insured under the commercial general liability policy. 23.5 All policies of insurance shall contain a covenant requiring sixty (60) days written notice by the insurer and sent to the University Risk Manager, before cancellation, reduction or other modifications of coverage. The insurance certificate shall be for the initial contract period and shall be renewed by the contractor for each subsequent renewal period of the contract. 23.6 In the event of non-renewal, cancellation, or expiration, the contractor shall provide the University evidence of the new source(s) of required insurance within twentyone (21) calendar days after the University's receipt of the sixty (60) day notice. Failure to maintain the required insurance in force may be cause for contract termination. Standard Terms And Conditions (Request For Bids / Proposals) Wisconsin Department of Administration Chs. 16, 19, 51 Wis. Stats. DOA-3054 (R09/2004, with UW Milwaukee Revisions dated 9/27/05) 23.7 24.0 25.0 26.0 In the event that the contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to cancel and terminate the contract without notice. CANCELLATION: The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract. VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin. 28.0 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 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) 2617577. 34.0 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. 35.0 RELEASE OF INFORMATION: Contractor shall not report or release information concerning UWM or its students, employees or customers to third parties without UWM's prior written approval. Any such report or release of information shall, at a minimum, comply with those requirements enumerated in the Gramm-Leach-Bliley Act, 15 USC 6801 et seq., UWM's standards for safeguarding such information, and all other applicable laws regarding consumer privacy. PUBLIC RECORDS ACCESS: It is the intention of the state to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities. Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract. 27.0 29.0 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request, must be clearly stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted. However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation. 27.1 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the property of the State of Wisconsin. 27.2 Any material submitted by the vendor in response to this request that the vendor considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary Information form (DOA3027). 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. Page 3 of 3 State of Wisconsin Department of Administration Division of Agency Services Bureau of Procurement DOA-3681 (01/2001) ss. 16, 19 and 51, Wis. Stats. Supplemental Standard Terms and Conditions for Procurements for Services 1.0 ACCEPTANCE OF BID/PROPOSAL CONTENT: The contents of the bid/proposal of the successful contractor will become contractual obligations if procurement action ensues. 2.0 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: By signing this bid/proposal, the bidder/proposer certifies, and in the case of a joint bid/proposal, each party thereto certifies as to its own organization, that in connection with this procurement: 2.1 2.2 The prices in this bid/proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/proposer or with any competitor; Unless otherwise required by law, the prices which have been quoted in this bid/proposal have not been knowingly disclosed by the bidder/proposer and will not knowingly be disclosed by the bidder/proposer prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other bidder/proposer or to any competitor; and 2.3 No attempt has been made or will be made by the bidder/proposer to induce any other person or firm to submit or not to submit a bid/proposal for the purpose of restricting competition. 2.4 Each person signing this bid/proposal certifies that: He/she is the person in the bidder's/proposer's organization responsible within that organization for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above; (or) 3.2 4.0 DUAL EMPLOYMENT: Section 16.417, Wis. Stats., prohibits an individual who is a State of Wisconsin employee or who is retained as a contractor full-time by a State of Wisconsin agency from being retained as a contractor by the same or another State of Wisconsin agency where the individual receives more than $12,000 as compensation for the individual’s services during the same year. This prohibition does not apply to individuals who have full-time appointments for less than twelve (12) months during any period of time that is not included in the appointment. It does not include corporations or partnerships. 5.0 EMPLOYMENT: The contractor will not engage the services of any person or persons now employed by the State of Wisconsin, including any department, commission or board thereof, to provide services relating to this agreement without the written consent of the employing agency of such person or persons and of the contracting agency. 6.0 CONFLICT OF INTEREST: Private and non-profit corporations are bound by ss. 180.0831, 180.1911(1), and 181.0831 Wis. Stats., regarding conflicts of interests by directors in the conduct of state contracts. 7.0 RECORDKEEPING AND RECORD RETENTION: The contractor shall establish and maintain adequate records of all expenditures incurred under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, state and local ordinances. He/she is not the person in the bidder's/proposer's organization responsible within that organization for the decision as to the prices being offered herein, but that he/she has been authorized in writing to act as agent for the persons responsible for such decisions in certifying that such persons have not participated, and will not participate in any action contrary to 2.1 through 2.3 above, and as their agent does hereby so certify; and he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above. 3.0 DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP: 3.1 Prior to award of any contract, a potential contractor shall certify in writing to the procuring agency that no relationship exists between the potential contractor and the procuring or contracting agency that interferes with fair competition or is a conflict of interest, and no relationship exists between the contractor and another person or organization that constitutes a conflict of interest with respect to a state contract. The Department of Administration may waive this provision, in writing, if those activities of the potential contractor will not be adverse to the interests of the state. Contractors shall agree as part of the contract for services that during performance of the contract, the contractor will neither provide contractual services nor enter into any agreement to provide services to a person or organization that is regulated or funded by the contracting agency or has interests that are adverse to the contracting agency. The Department of Administration may waive this provision, in writing, if those activities of the contractor will not be adverse to the interests of the state. The contracting agency shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents relating to any contract resulting from this bid/proposal held by the contractor. The contractor will retain all documents applicable to the contract for a period of not less than three (3) years after final payment is made. 8.0 INDEPENDENT CAPACITY OF CONTRACTOR: The parties hereto agree that the contractor, its officers, agents, and employees, in the performance of this agreement shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the state. The contractor agrees to take such steps as may be necessary to ensure that each subcontractor of the contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the state.