State of Wisconsin Wis. Statutes s.16.75 DOA-3070 (R08/2003) BIDS MUST BE SEALED AND ADDRESSED TO: AGENCY ADDRESS: 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 # BPK-12-285. 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. UNIVERSITY OF WISCONSIN OSHKOSH ADMINISTRATIVE SERVICES-PURCHASING 800 ALGOMA BOULEVARD OSHKOSH, WI 54901 REQUEST FOR BID # BPK-12-285 Bids MUST be in this office no later than THIS IS NOT AN ORDER November 8, 2011 2:00 PM CST BIDDER (Name and Address) Name (Contact for further information) BRIAN KLINGER, ADMINISTRATIVE SERVICES Phone Date 920-424-0317 October 12, 2011 Quote Price and Delivery FOB DESTINATION/PREPAID Fax bids are accepted ITEM NO. Quantity And Unit Description Fax bids are not accepted Price per Unit Total The University of Wisconsin Oshkosh requests bids for University Cash Management Services Bid Request BPK-12-285 per the attached Specifications, Special Terms & Conditions of Bid, Bid List, Standard Terms & Conditions. Questions regarding this bid will be answered by the following: Brian Klinger ph: 920.424.0317 Email:[email protected] Payment Terms Delivery Time 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) Signature of Above Title Date Phone Fax Federal Employer Identification No. This form can be made available in accessible formats upon request to qualified individuals with disabilities. ( ( ) ) Social Security No. if Sole Proprietor (Voluntary) UNIVERSITY OF WISCONSIN OSHKOSH REQUEST FOR BID # BPK-12-285 UNIVERSITY CASH MANAGEMENT SERVICES TABLE OF CONTENTS PAGE 1.0 INTRODUCTION 1.1 Scope .............................................................................................................................................. 4 1.2 Contracting Agency ...................................................................................................................... 4 1.3 Authority to Contract .................................................................................................................... 4 1.4 Reasonable Accommodations ....................................................................................................... 4 1.5 Clarifications and/or Revisions to the Specifications and Requirements .......................................... 5 1.6 Calendar of Events ........................................................................................................................ 5 1.7 Parties to the Contract ................................................................................................................... 5 1.8 Contract Term and Funding .......................................................................................................... 6 1.9 VenderNet ..................................................................................................................................... 6 1.10 Definitions ................................................................................................................................... 6 2.0 BID PROCEDURE AND INSTRUCTIONS 2.1 Bid Submittal .................................................................................................................................. 6 2.2 Incurring Costs ............................................................................................................................... 7 3.0 BID ACCEPTANCE, REVIEW AND AWARD 3.1 Method of Bid ................................................................................................................................ 7 3.2 Method of Award............................................................................................................................ 7 3.3 Bid Opening ................................................................................................................................... 7 3.4 Bid Acceptance ............................................................................................................................... 8 3.5 Bid Review ..................................................................................................................................... 8 3.6 Minority Preference ...................................................................................................................... 8 3.7 Firm Prices ..................................................................................................................................... 8 3.8 Notification of Intent to Award ..................................................................................................... 8 3.9 Appeals Process ............................................................................................................................ 8 4.0 GENERAL CASH MANAGEMENT SERVICE TERMS .......................................................... 9 5.0 SPECIAL TERMS AND CONDITIONS ..................................................................................... 11 6.0 STANDARD TERMS AND CONDITIONS ................................................................................ 15 7.0 BID SUBMITTAL ........................................................................................................................ 21 8.0 EXECUTED CONTRACT SIGNATURE PAGE........................................................................ 27 REQUIRED FORMS Designation of Confidential and Proprietary Information (DOA-3027) ................................................. 28 Vendor Information (DOA-3477) ......................................................................................................... 29 Vendor Reference (DOA-3478) ............................................................................................................ 30 ATTACHMENTS Attachment A – Financial Transaction Log, Type, Amount and Balances (June 2010 – August 2011)... 31 Attachment B – Campus Map ............................................................................................................... 32 1.0 INTRODUCTION AND PURPOSE 1.1 Scope The purpose of this Request for Bid (RFB) is to obtain competitive bids from vendors (herein referred to as “Provider”) interested in contracting with the University of Wisconsin Oshkosh for Banking/ Cash Management services. The successful Provider will serve the core banking needs of the UW Oshkosh including but not limited to general check clearing, deposit services, ACH services, domestic and international wire transfer services, currency and coin handling and exchange, and merchant credit and debit card services. The award will be made on the highest financial offer made to UW Oshkosh based on the specifications required. The following services are not part of this RFB package and will be separately contracted: ATM services; student debit cards for campus services. The provider shall not be provided exclusive rights to the UW Oshkosh’s merchant credit and debit card business. 1.2 Contracting Agency This Request for Bid (RFB) is issued by the University of Wisconsin Oshkosh which is the sole point of contact for this RFB. The sole contact person for managing the procurement process is: Brian Klinger University of Wisconsin Oshkosh Administrative Services- Purchasing 236 Dempsey Hall 800 Algoma Blvd. Oshkosh, WI 54901 Phone: 920.424.0317 Fax: 920.424.2240 E-mail: [email protected] 1.3 Authority to Contract The Depository Selection Board (hereafter called ‘the board’) is the State authority established for contracting banking services related to the operations of Wisconsin State government. The Board, as created by Chapter 418, Laws of 1977, is responsible for designation of the State’s public depositories, review and designation of State agency bank accounts and banking services and contracting for banking services necessary for the safe keeping and processing of state funds. The Board members are the Secretary of the Department of Administration, the State Treasurer, and the Executive Director of the Investment Board. The contractual authority of the Depository Selection Board is subject to the provisions of Chapter 16 of the Wisconsin Statutes relating to State Purchasing. 1.4 Reasonable Accommodations The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations, contact Brian Klinger, Administrative Services-Purchasing, 920.424.0317. 4 1.5 Clarification and/or Revisions to the Specifications and Requirements Any questions concerning this RFB must be submitted in writing on or before October 25, 2011 to: Brian Klinger University of Wisconsin Oshkosh Administrative Services-Purchasing 236 Dempsey Hall 800 Algoma Blvd. Oshkosh, WI 54901 Phone: 920.424.0317 Fax: 920.424.2240 E-mail: [email protected] Vendors are expected to raise any questions, exceptions, or additions they have concerning the RFB document at this point in the RFB process. If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the vendor should notify immediately the above named individual of such error and request modification or clarification of the RFB. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, revisions/amendments and/or supplements will be provided to all recipients of this initial RFB. Each proposal shall stipulate that it is predicated upon the requirements, terms, and conditions of this RFB and any supplements or revisions thereof. Any contact with State employees concerning this RFB are prohibited, except as authorized by Brian Klinger, UW Oshkosh, Administrative Services-Purchasing, during the period from date of release of the RFB until the notice of intent to contract is released. 1.6 Calendar of Events DATE October 12, 2011 October 25, 2011 November 8, 2011 December 2011 (tentative) December 2011 (tentative) January 2012 TIME EVENT Date of issue of the RFB Last day for submitting written inquires BIDS DUE Notice of Intent to Award Contract Issued Bid Award Conversion Period 2:00 PM 1.7 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 Oshkosh, hereafter referred to as the “University” and the successful bidder hereafter referred to as the “Provider” or “Contractor” for the provision of cash management services to the terms set forth herein. 5 1.8 Contract Term and Funding The contract shall be effective on the date hereof and continue for a period of seven (7) years (the “Initial Term”). Thereafter, it may be renewed for three (3) additional terms (each a “Renewal Term”), each Renewal Term consisting of one year, unless either party gives the other written notice of non-renewal at least one hundred-twenty (120) days prior to the end of the Initial Term or then-effective Renewal Term, as appropriate. The contract may run for a period of ten (10) years. The University may discontinue this contract, in whole or in part, without penalty at any time due to nonappropriation of funds. 1.9 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, commodities 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 commodities 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 e-mail notices of these simplified bid opportunities. 1.10 Definitions The following definitions are used through the RFB: Bidder/Vendor means a firm submitting a bid in response to this RFB in accordance with the requirements specified herein. Contract means the written agreement that will be entered into by the University of Wisconsin Oshkosh and the successful bidder. Contractor/Provider means the bidder who is awarded the contract. Fiscal Year means a consecutive twelve (12) month period commencing on July 1 and ending on June 30. Purchasing means the University of Wisconsin Oshkosh, Administrative Services-Purchasing Department. University means the Board of Regents of the University of Wisconsin System on behalf of the University of Wisconsin Oshkosh. 2.0 BIDPROCEDURE AND INSTRUCTIONS 2.1 Bid Submittal Vendors must submit an ORIGINAL of all materials required for acceptance of their bid by November 8, 2011 2:00 PM CST to: Brian Klinger University of Wisconsin Oshkosh Administrative Services-Purchasing 236 Dempsey Hall 800 Algoma Blvd. 6 Oshkosh, WI 54901 The UW Oshkosh Purchasing Office does not accept fax bids. Bids must be received on or before the date and time that the bid is due. Late bids will not be accepted and will be returned unopened to the bidder(s). All bids must be received and time stamped by Purchasing Office prior to the stated opening time. Bids not so stamped will be considered late. Bids date and time stamped in another office will be rejected. Receipt of a bid by the State mail system does not constitute receipt of a bid by UW Oshkosh’s Purchasing Office, for purposes of this bid. Receipt of a bid by the mail system or in any other office located at the University of Wisconsin Oshkosh does not constitute receipt of a bid by the UW Oshkosh Purchasing Office. Any bid that is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. ALL bids must be sealed, and show the following information on the outside of the envelope: - Bidder's Name and Address - RFB Number: BPK-12-285 - Bid Due Date: November 8, 2011 2:00 PM CST 2.2 Incurring Costs The State of Wisconsin is not liable for any cost incurred by a vendor in the process of responding to this RFB. 3.0 BID ACCEPTANCE, REVIEW AND AWARD 3.1 Method of Bid Bidder must complete the enclosed bid forms: 1) 2) 3) 4) 5) 6) Request for Bid cover page (DOA-3070 (R08/2003)) Bid Submittal (section 7) Executed Contract Signature Page (section 8) Designation of Confidential and Proprietary Information (DOA-3027 attachment) Vendor Information (DOA-3477 attachment) Vendor Reference (DOA-3478 attachment) 3.2 Method of Award The award shall be made to the most responsible and responsive bidder offering the highest financial compensation to UW Oshkosh based on formulas from the bid submittal worksheet (section 7). The University reserves the right to accept or reject any and all bids, to waive any technicality in any bid submittal. The University will be the sole determiner for selecting the Provider(s) which is in the best interest of the University. If contract negotiations cannot be concluded successfully with the Provider(s) offering the highest financial compensation, the University may negotiate a contract with the next highest Provider(s). 3.3 Bid Opening Bid openings are public. At bid opening, vendors and bid prices will be announced. Award of contracts will not be made at time of bid opening. Bids shall be firm for acceptance for one hundred twenty (120) days from date of bid opening. 7 The bid abstract prepared at the bid opening will be on file in Purchasing Office and will be open to public inspection after an award has been made. 3.4 Bid Acceptance Bids that do not comply with instructions or do not comply with specifications contained in this RFB may be rejected. The University of Wisconsin Oshkosh retains the right to accept or reject any or all bids, or accept or reject any part of a bid 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. The University reserves the right to negotiate the terms of the contract with the bidder meeting the specifications and offering the highest financial compensation. 3.5 Bid Review Bids will be reviewed by the UW Oshkosh Administrative Services to verify that they meet all specified requirements in this RFB. This verification may include reviewing vendor's bid documents submitted and verifying certification and credentials. 3.6 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 University of Wisconsin Oshkosh is committed to the promotion of minority business in the State’s purchasing program. The State of Wisconsin policy provides that minority owned business enterprise certified by the Wisconsin Department of Commerce; Bureau of Minority Development should have the maximum opportunity to participate in the performance of its contracts. Supplier is strongly urged to use due diligence to further this policy by awarding subcontracts to minority owned business enterprises or by using such enterprises to provide goods and serviced incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises. Bids from certified Minority Business Enterprises may have pointed weighted by a factor of 1.00 to 1.05 to provide up to a five percent (5%) preference to these businesses. 3.7 Firm Prices All bids shall remain firm for a minimum of one hundred twenty (120) days from the date of the bid opening. 3.8 Notification of Intent to Award All vendor(s) who respond to this RFB will be notified in writing of the State's intent to award contract(s) as a result of this RFB. 3.9 Appeals Process The appeals process applies to only those requests for bid that are $25,000 or greater. Notices of intent to protest and protests must be made in writing. Protesters should make their protests as specific as possible and should identify statutes and Wisconsin Administrative Code Provisions that are alleged to have been 8 violated. The written notice of intent to protest the intent to award a contract must be sent to Mr. Tom Sonnleitner, Vice Chancellor of Administrative Services, University of Wisconsin Oshkosh, 800 Algoma Boulevard, Oshkosh, WI 54901 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 notice of intent to award is issued. The decision may be appealed to the Secretary of the Department of Administration within five (5) working days of the issuance of that decision with a copy to Brian Klinger. 4.0 GENERAL CASH MANAGEMENT SERVICE TERMS 4.1 Cash Management Environment: a) Holding Account The holding account is a checking account used for deposits made for purposes including: student tuition (through cashier’s office or online), transcript purchases, athletic pass purchases, student payment of fees (admission, study abroad, etc.), Copy This purchases, University Books and More purchases, Titan Underground purchases, Corner Convenience Store purchases, Reeve Union locker rentals, and payment of parking permits and parking fines. Withdrawals from the account are for purposes including: daily transfer of funds to UW System, American Express fees, Elan fees, and direct deposit withdrawals to students for refunds. Checks written from the holding account are mainly for student account refunds, though checks may occasionally be written for other reasons. For example, if a student sends in a check to pay for both tuition and a transcript, the cashier’s office would write the Records/Transcripts department a check to forward the transcript portion of the student’s check. All deposits to the holding account are entered through the cashier’s office cash register. Most transactions take place at the cashier’s window in person by either a student making a deposit on his or her account or by a University employee dropping off a deposit for his or her department. Students are also able to make payments to their accounts via credit card or electronic funds transfer. These transactions do not automatically go through the cash register and a cashier’s office employee has to manually key the transactions into the register once (1) the employee can see, via a daily bank fax, the funds have been deposited into the account, and (2) the campus department has given the cashier’s office a deposit slip including the amount in question. Once this information has been keyed into the cash register, the employee also manually enters the information into Quickbooks, solely for use in the holding account bank reconciliation. On a weekly basis the files containing the cash register deposits are recorded in the general ledger. The holding account bank reconciliation is currently performed in Quickbooks on a monthly basis. b) Great Lakes Higher Education Corporation Account The GLHEC account is a checking account used only for deposits and withdrawals made from Great Lakes Higher Education Corporation (Great Lakes) for the Federal Family Education Loan Program (FFELP) and from Education Loan Management Resources (ELM) for alternative loans. Loans through Great Lakes are through the FFELP program and consist of subsidized, unsubsidized, and parent loans (PLUS loans). Alternative loans are educational loans offered through various private lenders. The GLHEC account is configured so that no other entities can deposit or withdraw from the account. On a weekly basis, the University receives financial aid via electronic funds transfer (EFT). 9 Withdrawals from the account are solely for excess loan funds sent back to Great Lakes and ELM. If, for example, a student, after receiving loan money, is then eligible for a scholarship, the UWO Financial Aid office will calculate the amount of the loan reduction. A process file containing this information is created and posted every night. At roughly the same time, this information is transmitted to Great Lakes. Great Lakes will then initiate the process to debit the money from UW Oshkosh for the excess loan funds. Checks are not written from this account. c) Zero Balance Account The ZBA is a checking account managed by UW System, through which UWO’s accounts payable checks are paid. On a daily basis, UW System monitors the dollar amount of checks cashed each day. At the end of the day, funds equaling the amount of the day’s total checks cashed are moved from a “parent” UW System account into the UWO ZBA. Therefore, at the end of each day, the balance in this account is zero. The monthly ZBA reconciliation is currently performed by a Financial Administration employee at UW System. According to the current employee performing the reconciliation, in the future, this responsibility will be transferred to each of the UW campuses. d) Contingent Fund Account The contingent fund account is a checking account used for issuing temporary and permanent cash advances to University departments, issuing emergency payroll checks, wiring funds to study abroad operators, and electronic payment of purchasing card transactions. Deposits into the contingent fund account include checks from the holding account to reimburse the contingent fund account for automatic purchasing card payments and funds from Follett Higher Education to provide textbook buyback funds for University Books and More. Withdrawals from the account are for automatic purchasing card payments and wire transfers to study abroad operators. Checks written out of the contingent fund are for payments of buyback money to Follett Higher Education, emergency payroll payments, and cash advances to University departments. The contingent fund balance is maintained at $200,000 and is managed in the UWO Financial Services department. e) Online Account Management Tool The University currently uses an online account management tool to monitor account activity and to assist in their management of funds. This online tool includes the ability to process ACH transactions, access check images, issue maintenance, positive pay monitoring, stop payments, transaction search by check(s) and/or date(s), and information reporting. Contractor must provide as a service of this contract an online account management tool. 4.2 Financial Institution Service Fees All services costs and fees related to this contract are the responsibility of the contractor. Examples of services include but are not limited to the following: FDIC insurance fees, processing fees, user fees, late fees, etc. Attachment A contains examples of financial transactions and type, amount and daily balance beginning from June 2010 to most current. 4.3 Additional Services Required As part of daily needs of the cashiering operation currency and coin supply services are required. 10 4.4 Additional Services Future cash management services such as check scanning, point-of-service terminals for credit cards and ACH are desired. Bidder may evaluate current operation and recommend such services but these services are not required. 5.0 SPECIAL TERMS AND CONDITIONS 5.1 Contract Termination This Contract may be terminated by either party for the following conditions: 5.1.1 After the initial term of the Contract, the University may terminate the Contract at any time, without cause, by providing 90 days written notice to the Contractor. If the Contract is so terminated, the Contractor is liable only for payments for items/services provided or performed up to the date of the termination. 5.1.2 Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing by mail of such failure and demand that the same be remedied within 30 calendar days. Should the defaulting party fail to remedy the same within said period, the other party shall then have the right to terminate this Contract immediately. Performance failure can be defined as but not limited to failure to provide any of the Terms, Conditions, Specifications or Special Conditions of Bid. 5.1.3 If at any time the Contractor’s performance threatens the health and/or safety of the University, its staff, students or others who may be on campus, the University has the right to cancel and terminate the Contract without notice. 5.1.5 If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed and such appointment is not vacated within 90 calendar days, the University has the right, in addition to any other rights of whatsoever nature that it may have at law or in equity, to terminate this Contract by giving 10 calendar days notice in writing of such termination. 5.1.6 All notices of performance failure must be submitted in writing to Administrative Services– Purchasing, 236 Dempsey Hall, 800 Algoma Blvd., Oshkosh, WI 54901. Purchasing shall be final authority for all performance failure determinations not resolved through the ordering department. 5.2 Executed Contract to Constitute Entire Agreement In the event of contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, and the bid of the successful bidder, and additional terms agreed to, in writing, by the agency and the Provider shall become part of the contract. Failure of the successful bidder to accept these as a contractual agreement may result in a cancellation of award. The following priority for contract documents will be used if there are conflicts or disputes: Official Contract/Purchase Orders All written communication Vendor's Bid dated November 8, 2011 (or before) 11 University’s Request for Bid dated October 12, 2011 Standard Terms and Conditions (DOA-3054) Supplemental Terms and Conditions for Procurement of Services (DOA-3681) 5.3 Promotional Materials Except as otherwise provided herein, the Bidder agrees not to use promotional or marketing materials which state expressly or by fair implication that the University endorses either the Bidder or any sponsor of such material. Equipment bearing University of Wisconsin Oshkosh marks, logos or other indicia of the University must be purchases from the University of Wisconsin Oshkosh licensees and be used in accordance with UW Oshkosh policy. 5.4 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. 5.4.1 COVERAGE AND MINIMUM LIMITS Coverage Minimum Limits Worker's Compensation (WC) Statutory Employer's Liability $100,000/500,000/100,000 Coverage (B) Commercial General Liability (CGL) General Aggregate incl. prdt/co $1,000,000 Each Occurrence $1,000,000 Automobile Liability (including hired & non-owned) Combined Single Limit $1,000,000 Umbrella $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. Engaged contractor’s shall provide evidence of insurance for Contractor's Liability in at least the amounts stated above (including completed operations and naming the Board of Regents, its officers, board members, agents and employees as additional insured), Auto Liability and Worker's Compensation (statutory). Proof of such coverage shall be provided to the University of Wisconsin System, Office of Procurement, 780 Regent Street, Madison, WI, 53715, prior to the commencement of any work to be done. 12 5.4.2 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, or for self-insured companies a certificate of self insurance with the required coverage and limits of insurance. 5.4.3 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. 5.4.4 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 53708, 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. 5.4.5 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. 5.4.6 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. 5.5 Financial Compensation Payments Annual Financial Compensation payments shall be sent by the 20th of the month for the preceding year’s business. Payments not received by the University on the specified day shall be paid by the Contractor plus a minimum interest penalty on the payments due at the prevailing interest percentage and conditions the State of Wisconsin uses for delinquent income tax. Financial Compensation checks shall be sent to: UW Oshkosh Administrative Service – Administrative Assistant 13 236 Dempsey Hall 800 Algoma Blvd. Oshkosh, WI. 54901 5.6 Unanticipated Services It is specifically understood and agreed that such items relative to Cash Management Services which are not herein covered may be added to this RFB and resulting contract by the University without voiding in any manner the provisions of the existing contract. Such additional items shall be furnished the University by the contractor with such additional consideration as is necessary to make it legally enforceable. The University reserves the right to negotiate with the awarded provider reasonable fees for services unanticipated or not existing at the time of the awarding of the contract. The University may, at its option, contract for such services, outside of the contract with the awarded provider. 5.7 Amendments to the Contract Amendments to the contract adding or deleting specific services will be allowed to provide for services required or no longer required by the University. All amendments, modifications or clarifications shall be in writing signed by the Provider and the University - Contract Administrator. No payment for services shall be made until an amendment, modification or clarification has been signed by both parties. 5.8 New Technologies Throughout the performance of the contract, the University reserves the right to identify and determine the appropriateness of utilizing new technologies and negotiating with the provider the implementation of such technologies in the performance of the contract. Failure to provide new technologies in a timely manner may be cause for the removal of related services from the contract. 5.9 Recognizing that the successful performance of this contract is dependent on favorable response from the users, the contractor shall meet regularly with the Controller and/or authorized 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. 5.10 After the initial contract year, the parties upon mutual agreement may adjust the specific terms and payments of this contract where circumstances beyond the control of either party require adjustments. All adjustments shall be proposed in writing by the University to System Office of Procurement for approval prior to becoming effective. All required contract amendment(s) shall be issued by System Office of Procurement. Upon one hundred and eighty day (180) advance written notice, the University reserves the right to revise the contract to reflect changes in the University's costs of operation. 5.11 The contractor shall be financially responsible for obtaining all required permits (including parking), licenses, zoning and occupancy approvals prior to occupancy, 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. 5.12 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. 5.13 Subcontracting 14 Prior to the implementation of a subcontracted service, the University Contract Administrator shall approve any contracts, leases and costs. Sub contractors must abide by all terms and conditions under this RFB. The Provider shall be responsible for contract performance of subcontractors. 6.0 STANDARD TERMS AND CONDITIONS The State of Wisconsin reserves the right to incorporate standard State contract provisions into any contract negotiated with any bid submitted responding to this RFB (Standard Terms and Conditions (DOA-3054) and Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681). Failure of the successful bidder to accept these obligations in a contractual agreement may result in cancellation of the award. 15 Wisconsin Department of Administration Chs. 16, 19, 51 DOA-3054 (R10/2005) Page 1 of 3 Standard Terms And Conditions (Request For Bids / Proposals) 1.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The 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 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified. 6.0 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 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, 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 16 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 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 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. 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 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. 17 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. 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 28.0 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request, must be clearly stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted. However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation. 27.1 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the property of the State of Wisconsin. 27.2 Any material submitted by the vendor in response to this request that the vendor considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary Information form (DOA-3027). Bidders/proposers may request the form if it is not part of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential. 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 transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of Corporation, P. O. Box 7846, Madison, WI 53707-7846; telephone (608) 261-7577. 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 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this Agreement in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party. 18 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 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; 2.2 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) 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. 3.2 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. 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. 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. 19 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. 20 7.0 BID SUBMITTAL 7.1 The following Worksheet will be used to determine the bid award for the Cash Management Request for Bid. Please enter in the blank spaces provided. 1) Enter your bid in basis points for determining the Earnings Credit for the contract. A minimum of 42 basis points is required for bid: ________ BASIS POINTS (1A) Basis Points indicated above will become the benchmark for the term of the contract. For the life of the contract, any Basis Point increases (if applicable) will then be calculated quarterly using the 91day Treasury bill (from the below date) and the following formula: 91-day Treasury Bill on 10/7/2011 = 0.01% (1 Basis Point or 0.0001) [(New T-Bill Value - 0.01%) / 0.01%] x 100 = Percent Increase Percent Increase / 100 = BASIS POINT ADDITION Examples: Example #1 If the 91-day T-Bill rates increase from 0.01% to 0.02% Percent increase = 100% Basis Point Addition = 1 (added to basis points bid above in 1A) Example #2 If the 91-day T-Bill rates increase from 0.01% to 0.5% Percent increase = 4,900.00% Basis Point Addition = 49 (added to basis points bid above in 1A) Example #3 If the 91-day T-Bill rates increase from 0.01% to 1.00% Percent increase = 9,900.00% Basis Point Addition = 99 (added to basis points bid above in 1A) 2) Enter your Service Fees for the following items: a) b) c) d) e) f) g) h) i) j) Paper Credits Electronic Credits Paper Debits Electronic Debits Deposited Item-Local Deposited Item-Regional Deposited Item-Transit Returned Deposited Items Redeposited returned item Returned Item Duplicate Advice $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ x 49 x 72 x 48 x 14 x 843 x 620 x 843 x5 x6 x4 21 = = = = = = = = = = $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ k) l) m) n) o) p) q) r) s) t) u) v) w) x) y) z) Returned Item Image Copies $_________ Returned Item Maker Info Keyed $_________ FDIC Insurance (cost per thousands) $_________ Wire Transfers $_________ Wire Advice Fax $_________ ACH Process Run $_________ ACH Orig Transit Item $_________ ACH Originated On-US Item $_________ ACH Received Item $_________ ACH Filter Mthly Maint $_________ ACH Return-Per Item $_________ ACH Notification of Change $_________ ACH Return/NOC Electronic $_________ ACH Return/NOC Faxed $_________ ACH Remittance Monthly Maint $_________ Coin/Currency Services (cash deposited per hundreds) $_________ x5 = x5 = x 5,178 = x3 = x3 = x 22 = x 653 = x 99 = x 474 = x2 = x 11 = x5 = x 23 = x 16 = x1 = $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ x 1,580 = $_________ TOTAL SERVICE CHARGES FOR MONTH $_________________ (2A) NOTE: Service fees will be locked for each year of the contract. Any proposed increase to services fees must be submitted to Administrative Services ninety (90) days in advance for review and/or approval. List any additional services/fees not included in above items (attach additional sheets as needed): Service/Fee Cost ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ $_________ 3) Formulas used to determine Earnings Credit (if applicable) for the month of service. Average Collected Monthly Balance x Basis Points (as submitted in item 1A) = ANNUAL EARNINGS CREDIT [Annual Earnings Credit x Days of the Month] / 365 = EARNINGS CREDIT FOR MONTH For example: Average collected monthly balance = $5,000,000.00 Earnings Credit = 42 basis points $5,000,000.00 x 0.42% (0.0042) = $21,000.00 (Annual Earnings Credit) 22 [$21,000.00 x 31] / 365 = $1,783.56 (Earnings Credit for Month) NOTE: All service fees are required to be covered by the financial institution. If the earnings credit does not exceed the service fees for the month, the financial institution is required to cover the cost and no earnings credit will be earned for the month. For each month, the earnings credit is calculated individually and may accumulate for the year to determine the revenue payout. 4) Enter a percentage for the Net Earnings Credit for the annual settlement period for any excess of balance. At the end of each contract year, $1,000.00 of earnings credit (if applicable), will carry over to the next year while the remaining earnings credit balance may be converted into a cash payout for the year. End of Year Net Earnings Credit Balance X________ % (4A)= PAYOUT FOR YEAR For example: If $10,000.00 was accumulated in Net Earnings Credit for the year, $1,000.00 will be carried over to the next year; $9,000.00 of the remaining earnings credit may be converted. If 80% was submitted above, then $9,000 x 80% (0.80) = $7,200 revenue payout for the contract year. 5) The University wishes to utilize technology that will mutually benefit both parties for servicing the requirements of the contract. Enter an amount to be invested for the initial upgrade of equipment, software or supplies for use in Administrative Services: Initial Investment $ _________________ (5A) Enter an amount to be invested for annual upgrade of equipment, software or supplies for the term of the contract: Annual Investment $ _________________ (5B) 6) The following formula will be used to calculate the award of the bid: $5,000,000.00 (sample number identified as an average collected monthly balance) x Basis Points (as submitted in item 1A) = Annual Earnings Credit $5,000,000.00 x __________ = $ _______________ Annual Earning Credit times 31 (days of month) divided by 365 (days in year) = Earnings Credit for Month [ $ ______________ x 31] / 365 = $ ______________ Earnings Credit for Month subtract the Total Service Charges for Month (as submitted in item 2A) equal the Net Earnings Credit (if applicable) for the month. $ ______________ – $ ______________ = $ ______________ 23 Net Earnings Credit for Month times 12 months (per year) equals the estimated annual earnings credit. $ ______________ x 12 (months per year) = $ ______________ Estimated Annual Earnings Credit subtract $1,000.00 (Earnings Credit accumulated throughout the year to be carried over) equal Net Estimated Annual Earnings Credit $ ______________ – $1,000.00 = $ ______________ Net Estimated Annual Earnings Credit times Percentage bid on for cash payout (as submitted in item 4A) = Settlement Payout for Year $ ______________ x _________ % = $ ______________ Settlement Payout for Year + Initial Investment for Technology (as submitted in item 5A) + Annual Investment for Technology (as submitted in item 5B) = TOTAL $ ______________ + $ ______________ + $ ______________ = $ _____________ SAMPLE BID EXAMPLE A Bidder bids the following: 1A = 42 basis points (0.42% or 0.0042) 2A = $1,400 total in service fees for the sample month 4A = 30% (0.30) 5A = $2,000.00 5B = $1,000.00 $5,000,000.00 (sample number identified as an average collected monthly balance) x Basis Points (as submitted in item 1A) = Annual Earnings Credit $5,000,000.00 x 0.42% = $21,000.00 Annual Earning Credit times 31 (days of month) divided by 365 (days in year) = Earnings Credit for Month [ $21,000.00 x 31] / 365 = $1,783.56 Earnings Credit for Month subtract the Total Service Charges for Month (as submitted in item 2A) equal the Net Earnings Credit (if applicable) for the month. $1,783.56 – $1,400 = $383.56 Net Earnings Credit for Month times 12 months (per year) equals the estimated annual earnings credit. $383.56 x 12 (months per year) = $4,602.72 Estimated Annual Earnings Credit subtract $1,000.00 (Earnings Credit accumulated throughout the year to be carried over) equal Net Estimated Annual Earnings Credit 24 $4,602.72 – $1,000.00 = $3,602.72 Net Estimated Annual Earnings Credit times Percentage bid on for cash payout (as submitted in item 4A) = Settlement Payout for Year $3,602.72 x 30% = $1,080.82 Settlement Payout for Year + Initial Investment for Technology (as submitted in item 5A) + Annual Investment for Technology (as submitted in item 5B) = TOTAL $1,080.82 + $2,000.00 + $1,000.00 = $4,080.82 7.2 BIDDER’S QUALIFICATIONS AND INFORMATION It is the purpose of this request 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 that 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 general description of capabilities. 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. Emphasis should be on completeness and clarity of content. Elaborate Marketing materials are not desired. The qualification criteria which the bidder's must meet to be considered for an award are: o Reference checks from a minimum of three (3) clients currently under contract with your company must indicate high quality of service has been performed consistently. o Financial capacity of the bidder must be sufficient to support the specified service; provide initial equipment and labor and cash flow to guarantee performance. o The bidder's response must clearly demonstrate the capacity to handle the requirements of this contract in addition to current workload. o Management and staffing requirements for this contract are satisfied. Required Bidder's Information is as follows: 1. Name and address of operating company and the names of all the owners or principles of the company or corporation. 2. The duration and extent of experience in the operation of cash management. Explain in detail. 3. A list of three (3) Institutional clients with contact names and phone numbers that may serve as a reference for your ability to provide university campus banking services. 4. A table of company organization and a plan for the administrative/management and staffing proposed under the specifications of this contract. 25 5. Complete description of services your company will provide to the University. 6. Description of the financial institutions online account management tool and how it meets the requirements of the bid. 7. Timeline for events for a conversion period with provider. 8. Such other information as the bidder deems pertinent for consideration by the University. The bidder shall furnish and include the above required data and information with the bid. Statements are required to be complete and accurate. Omission, inaccuracy or misstatement may be sufficient cause for rejection of the bid. 26 8.0 EXECUTED CONTRACT SIGNATURE PAGE Bids submitted in response to this RFB must be signed by the person in the vendor's organization who is responsible for the decision as to the prices being offered in the bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices. By submitting a signed bid, the vendor's signatories certify that in connection with this procurement: a) the vendor's organization or an agent of the vendor's organization has arrived at the prices in its bid without consultation, communication or agreement with any other respondent or with any competitor for the purpose of restricting competition b) the prices quoted in the bid have not been knowingly disclosed by the vendor's organization or by any agent of the vendor's organization and will not be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor, and c) no attempt has been made or will be made by the vendor's organization or by any agent of the vendor's organization to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. We, the undersigned, in compliance with the Request for Bid # BPK-12-285 for cash management services dated November 8, 2011 hereby bid the following to the University of Wisconsin Oshkosh. In making these bids, we acknowledge that we have read and understood the Request for Bid and specification requirements and agree to fulfill our legal obligations pursuant to the attached contractual provisions. Signature___________________________________________ Company___________________________________________________ Name______________________________________________ Address____________________________________________________ Title_______________________________________________ City_______________________________________________________ Telephone__________________________________________ State__________________ Zip Code____________________________ Date_______________________________________________ Email Address______________________________________________ 27 STATE OF WISCONSIN DOA-3027 N(R01/98) DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION The attached material submitted in response to Bid/Proposal # BPK-12-285 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. 28 STATE OF WISCONSIN DOA-3477 (R05/98) BID/PROPOSAL # BPK-12-285 Commodity/Service: 94625 VENDOR INFORMATION 1. BIDDING / PROPOSING COMPANY NAME FEIN Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 2. State Zip + 4 Name the person to contact for questions concerning this bid / proposal. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 3. State Zip + 4 Any vendor awarded over $25,000 on this contract must submit affirmative action information to the department. Please name the Personnel / Human Resource and Development or other person responsible for affirmative action in the company to contact about this plan. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 4. State Zip + 4 Mailing address to which state purchase orders are mailed and person the department may contact concerning orders and billings. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 5. State Zip + 4 CEO / President Name This document can be made available in accessible formats to qualified individuals with disabilities. 29 STATE OF WISCONSIN BID/PROPOSAL # BPK-12-285 DOA-3478 (R12/96) VENDOR REFERENCE FOR VENDOR: Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) used for four (4) or more installations with requirements similar to those included in this solicitation document. If vendor is proposing any arrangement involving a third party, the named references should also be involved in a similar arrangement. Company Name Address (include Zip +4) Contact Person Phone No. Product(s) and/or Service(s) Used Company Name Address (include Zip + ) Contact Person Phone No. Product(s) and/or Service(s) Used Company Name Address (include Zip + ) Contact Person Phone No Product(s) and/or Service(s) Used Company Name Address (include Zip + 4) Contact Person Phone No. Product(s) and/or Service(s) Used This document can be made available in accessible formats to qualified individuals with disabilities. 30 ATTACHMENT A FINANCIAL TRANSACTION LOG, TYPE, AMOUNT AND BALANCES FROM JUNE 2010 – AUGUST 2011 31 ATTACHMENT B CAMPUS MAP 32
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