RFB JS-10-2486 UW-Eau Claire Campus Card and ATM Services

RFB JS-10-2486 UW-Eau Claire Campus Card and ATM Services
State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 (R08/2003)
BIDS MUST BE SEALED AND ADDRESSED TO:
AGENCY ADDRESS: University of Wisconsin Systems
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 B
# JS-10-2486. Late bids will be rejected. Bids MUST be date and time stamped by the solicitin
purchasing office on or before the date and time that the bid is due. Bids dated and time stamped
another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of
bid by the purchasing office. Any bid which is inadvertently opened as a result of not being proper
and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included wi
sample packages or other bids. Bid openings are public unless otherwise specified. Records w
be available for public inspection after issuance of the notice of intent to award or the award of th
contract. Bidder should contact person named below for an appointment to view the bid recor
Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwis
noted. The attached terms and conditions apply to any subsequent award.
Office of Procurement
780 Regent Street, Suite 145
Madison, WI 53715
REQUEST FOR BID
THIS IS NOT AN ORDER
Bids MUST be in this office no later than
BIDDER (Name and Address)
June 3, 2010 2:00 P.M. CDT
Name (Contact for further information)
Jacqueline Sommers Smith
Phone
Date
608-265-0557
May 11, 2010
Quote Price and Delivery FOB
Fax bids are accepted
Item
No.
Quantity
and Unit
X Fax bids are not accepted
Price
Per Unit
Total
Description
Furnish Campus Card and ATM Services to the University of Wisconsin – Eau Claire
In accordance with the attached Conditions of Bid, Specifications, Bid Submittal Form, and
and Schedules A-C
Complete and Return the Following:
1. Request for Bid Form - 1 copy required
2. Bidder's Information as required on
Pages 18, 19 and 26-2 copies required
3. Bid Submittal Form - 1 copy required
4. Designation of Confidentiality form
Vendor Teleconference has been tentatively scheduled at 11:00 A.M. on Tuesday, May 18,
2010. Please register by contacting Jacqueline Sommers Smith at [email protected] at
which time you will be provided with call in directions.
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. Washingto
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 ou
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 o
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
Phone
(
Fax
(
Federal Employer Identification No.
)
)
Social Security No. if Sole
Proprietor (Voluntary)
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
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Rev. 1/11/2008
JS-10-2486
BID REQUEST FOR
CAMPUS CARD & AUTOMATED TELLER MACHINE SERVICE (ATM)
University of Wisconsin System
University of Wisconsin-Eau Claire
105 Garfield Avenue
Eau Claire, WI 54702
2.0 SPECIAL TERMS AND CONDITIONS
2.1
PERFORMANCE BOND OR IRREVOCABLE LETTER OF CREDIT
The successful bidder, hereafter referred to as "contractor", may be required to furnish a performance bond in the
amount of $8,000. Such bond must be furnished upon notification by the University Of Wisconsin System Office
Of Procurement, hereafter referred to as "System Office of Procurement", and prior to contract award.
In lieu of the performance bond, the contractor may provide an irrevocable letter of credit naming the University as
beneficiary. The irrevocable letter of credit shall be in the amount specified for the performance bond and the
format content required by the University. The performance bond or irrevocable letter of credit shall be furnished
by a company licensed to do business in the State of Wisconsin.
The performance bond or irrevocable letter of credit shall be for the entire contract period. If an irrevocable letter
of credit is used, the period shall extend one month beyond the contract expiration date. The performance bond or
letter of credit shall provide that in the event of non-renewal, the System Office of Procurement, and the contractor
be notified in writing by the issuer a minimum of sixty (60) days prior to the anniversary of the effective date of the
contract.
In the event of non-renewal, the contractor shall provide the University evidence of the new source of surety within
twenty-one (21) calendar days after the University's receipt of the non-renewal notice. Failure to maintain the
required surety in force may be cause for contract termination.
Failure to provide the bond or irrevocable letter of credit within twenty-one (21) days of notification of award may
result in cancellation of contract award.
2.2
INSPECTION OF PREMISES
Bidders are invited to inspect the project site completely prior to submitting bid in order to determine all
requirements associated with the contract. Failure to inspect adequately shall not relieve the contractor from the
necessity of furnishing and installing, without additional cost to the University, any materials and equipment or
performing any labor that may be required to carry out the intent of the contract.
For Site Inspection Appointment
Prospective Bidders are to contact: Malinda Hebert, Service Operations Manager
University of Wisconsin-Eau Claire
Telephone: 715-836-4040
Email: [email protected]
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2.3 BASIS OF BID EVALUATION
Bids will be evaluated to verify that they will meet all specified requirements in this RFB. The award shall be made
to the bidder with the highest annual Total Net Revenue which is in the best interest of the University as determined
by the University.
The University shall determine if the bidder is financially, managerially and operationally capable of providing the
required services based on the vendor's response to this bid and reviewing results of past awards to the vendor by
the State of Wisconsin. Representatives from the University reserve the right to inspect the bidder's facilities and
other operations under the contractor's management prior to award of this bid.
2.4
DISPUTE PROCESS
Any dispute of the University's award must be made no later than five (5) working days after the award notice is
issued by System Office of Procurement. Written notice of dispute must be filed with the President of the
University System in care of:
Rich Lampe, Director
UW System Office of Procurement
University of Wisconsin System Administration
780 Regent St.
Madison, WI 53715
A complete written dispute must be received by the Director, System Office of Procurement no later than ten (10)
working days after the award notice is issued.
2.5
CONTRACT COMMENCEMENT/LENGTH
It is the intent of the University to commence the resulting contract on July 1, 2010. The term of this contract shall
be for five (5) years.
2.6
FIRM BIDS
All bids shall remain firm for a minimum of ninety (90) days from the date of bid opening.
2.7
BID PROCEDURES AND INSTRUCTIONS:
2.7.1 METHOD OF BID:
Vendors must submit an original, marked as such, and two copies of all materials required for acceptance of
their bid by the deadline shown on the Request for Bid form to:
Jacqueline Sommers Smith
UW System Office of Procurement
University of Wisconsin System Administration
780 Regent St., Suite 145
Madison, WI 53715
Bids must be received in the above office. All bids must be time-stamped in by UWSA Office of
Procurement prior to the stated opening time. Bids not so stamped will be considered late. Receipt of a bid
by the UW mail system does not constitute receipt of a bid by the UWSA Office of Procurement, for purposes
of this request for bids.
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All bids must be packaged, sealed, and show the following information on the outside of the package:
Vendor's Name and Address
Request for Bids Title
Request for Bids Number
Bid Due Date
2.7.2
CALENDAR OF EVENTS: Listed below are important dates and times by which actions related to this
Request for Bids (RFB) must be completed. In the event that the University finds it necessary to change any
of these dates and times it will do so by issuing a supplement to this RFB.
DATE
May 11, 2010
May 18, 2010 (optional)
June 3, 2010 2:00 p.m.
EVENT
Date of issue of the RFB
Vendor Teleconference
Bids due from vendors
A vendor teleconference may be held at 11:00 a.m. CST on Tuesday, May 18, 2010. Vendors interested in
participating in the vendor teleconference must register in advance for the event. Advance registration can be
accomplished by contacting Jacqueline Sommers Smith at [email protected] Registrants will be provided call
in instructions at the time of registration.
During the vendor teleconference, UWSA Procurement staff and UW Eau Claire employees will respond to
written questions and provide any needed additional instruction to vendors on the submission of Bids. All
vendors who intend to respond to this RFB are highly encouraged to participate in the vendor teleconference.
Failure to participate in the vendor teleconference shall in no way relieve the Contractor from the obligations
that may be required to carry out the intent of the contract.
If questions can be answered without a conference, Procurement may cancel the teleconference.
2.7.3
FORMAT OF BID: Vendors responding to this RFB must comply with the following format requirements:
SIGNED REQUEST FOR BID SHEET: Include here the signed Request for Bid sheet included with the bid
and those certifications required for submittal of a bid. 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.
ADDITIONAL INFORMATION: Include here any other forms required in the bid. Include all additional
information that will be essential to an understanding of the bid. This might include diagrams, excerpts from
manuals, or other explanatory documentation that would clarify and/or substantiate the bid document.
COST INFORMATION: Provide cost information on the Request for Bid Financial Considerations sheet.
Financial Considerations will be reviewed based on a one year contract period. Revenue and Expense
amounts applied to the evaluation will not consider projected revenues or expenses.
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2.8
CONTRACT CANCELLATION
2.8.1
The contract may be terminated by either party on the anniversary of the effective date in any subsequent
year of the contract, if either party provides the other party with written notice one hundred and twenty
(120) days prior to such anniversary date.
2.8.2
The University may cancel this contract for breach, as determined by the University, for failure to comply
with the terms and conditions of the contract. This may include any cessation or diminution of service
including but not limited to failure to maintain adequate personnel, whether arising from labor disputes, or
otherwise any substantial change in ownership or proprietorship of the contractor which in the opinion of
the University is not in its best interest.
2.8.3
The University shall provide ten (10) calendar days written notice of contract breach and unless within ten
(10) calendar days such neglect has ceased and arrangements made to correct, the University may cancel the
contract by giving one-hundred twenty (120) days notice in writing by registered or certified mail of its
intention to cancel this contract.
2.8.4
Should the University breach any terms or provisions of this contract, the contractor shall serve written
notice on the University setting forth the alleged breach and demanding compliance with the contract.
Unless within ten (10) calendar days after receiving such notice, the allegation shall be contested or such
breach shall cease and arrangements be made for corrections, the contractor may cancel the contract by
giving sixty (60) days notice, in writing, by registered or certified mail of its intention to cancel this
contract.
2.8.5
The University may discontinue this contract, in whole or in part, without penalty at any time due to
non-appropriation of funds.
2.8.6
If the contractor fails to maintain and keep in force required insurance, the University shall have the right to
cancel and terminate the contract without notice.
2.8.7
Contractor Agrees to Indemnify
The contractor agrees to indemnify, defend and hold harmless the Board of Regents of the University of
Wisconsin System, its officers, employees and agents from and against any and all claims, losses, liability,
costs or expenses (hereinafter collectively referred to as "claims") occurring in connection with or in 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 the negligence,
misconduct or other fault of the contractor, its agents, employees, subcontractors or contractors.
2.9
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-Eau Claire hereafter referred to as the "University" and the
successful bidder hereafter referred to as the "contractor" for the provision of Campus Card & ATM Service
according to the terms set forth herein. Jacqueline Sommers Smith, UWSA Procurement Specialist, is the
Contract Administrator responsible for overall solicitation and contract management. Malinda Hebert, Service
Operations Manager, is the representative of the University responsible for the day to day operational contract
activities and referred to herein as "campus contract administrator”. Any correspondence, price lists or other
documents must include reference to RFB JS-10-2486 and be sent to the Contract Administrator. The Contract
Administrator is authorized to give the approvals required under this contract on behalf of UW-Eau Claire.
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2.10 EXCUSED PERFORMANCE
If, because of riots, war, public emergency or calamity, fire, flood, earthquake, act of God, government restriction,
labor disturbance or strike, business operations at the University are interrupted or stopped, performance of this
contract, with the exception of monies already due and owing, shall be suspended and excused to the extent
commensurate with such interfering occurrence. The expiration date of this contract may be extended for a period
equal to the time that such default in performance is excused.
2.11 INSURANCE
The contractor shall bear the full and complete responsibility for all risk of damage or loss of premises, equipment,
products or money resulting from any cause whatsoever and shall not penalize the University for any losses incurred
related to this contract.
2.11.1 COVERAGE AND MINIMUM LIMITS
Coverage
Minimum Limits
Worker's Compensation (WC)
Employer's Liability
Coverage (B)
Statutory
$100,000/500,000/100,000
Commercial General Liability (CGL)
General Aggregate incl. prdt/co
Each Occurrence
$2,000,000
$1,000,000
Automobile Liability (including hired & non-owned)
Combined Single Limit
$1,000,000
Additional Insured Provision
The contractor shall add the Board of Regents of the University of Wisconsin System, its officers, agents
and employees as an additional insured under the commercial general and automobile liability policies.
Remodeling or Renovation
The above insurances are required to be in effect during the course of any remodeling, renovation or
construction done by or at the direction of the contractor.
2.11.2 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.
2.11.3 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.
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2.11.4 Covenant Requiring Notice
These policies shall contain a covenant requiring sixty (60) days written notice by the insurer to University
of Wisconsin System Office of Procurement, 780 Regent Street, Madison, WI 53715, before cancellation,
reduction or other modifications of coverage. The insurance certificate shall be for the initial contract
period of one (1) year and shall be extended by the contractor for each subsequent renewal period of the
contract. The contractor shall advise each insuring agency to automatically renew all policies and coverage
in force at the start of and resulting from this contract until specified coverage requirements are revised.
2.11.5 Evidence of new Insurance
In the event of non-renewal, cancellation or expiration of insurance, the contractor shall provide the
University evidence of the new source(s) of required insurance within twenty-one (21) calendar days after
the University's receipt of the sixty (60) day notice. In the event the contractor fails to maintain and keep in
force the insurance herein required, the University shall have the right to cancel and terminate the contract
without notice.
2.11.6 University Right to Cancel
In the event the contractor fails to maintain and keep in force the insurance herein required, the University
shall have the right to cancel and terminate the contract without notice. The contractor shall advise each
insuring agency to automatically renew all policies and coverage in force at the start of and resulting from
this contract until specified coverage requirements are revised.
2.12 The contractor agrees that items relative to Campus Card and ATM Service, which are not covered herein but
which do not change the scope of services specific to this bid, may be added to this bid and resulting contract by the
University without voiding the provisions of the existing contract. The University intends to acquire Campus Card
Service exclusively from the contractor. The University reserves the right to offer ATM services through other
financial institutions and therefore ATM services obtained through this bid will remain non-exclusive for the
duration of the contract.
2.13 Recognizing that the successful performance of this contract is dependent on favorable response from the users, the
contractor shall meet regularly with the Campus Contract Administrator and/or authorized student committees to
discuss potential adjustments in operations, and shall cooperate at all times to maintain maximum efficiency and
good public relations with students, faculty and staff. The contractor will also be expected to meet with UWSA
Office of Procurement upon request. All adjustments shall be proposed in writing by the University to System
Office of Procurement for approval prior to becoming effective.
2.14 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.
2.15 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.
2.16 The contractor shall furnish all supplies, equipment, management and labor necessary for the efficient operation of
the specified services included in this contract, subsequent extensions and amendments.
2.17 The contractor shall occupy and use the premises, as defined by the University, only for Campus Card and ATM
service. The University shall not guarantee an uninterrupted supply of electricity or heat. The University shall be
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diligent in reporting service following an interruption. The University shall not be liable for any loss that may result
from the interruption or failure of any such utility services.
2.18 The University shall have the right to make reasonable regulations on the safety, sanitation, maintenance and use of
ATM Service areas and the contractor agrees to comply with such regulations. Authorized representatives of the
University shall have the full right of access to all service areas at all times with prior notice to the contractor.
With respect to the University’s right to approve modifications or improvements to the premises, to inspect the
premises to or take any action within the premises, including cleaning and maintenance, the University agrees that
all of University’s actions with respect thereto shall be taken after due consideration of Contractor’s for security
and for maintaining the confidentiality of Contractor’s records with respect to its customers and its internal affairs.
Nothing herein shall be deemed to grant University, its agents or employees, unlimited access to Contractor’s
records kept within the premises, including computer records, and no such records shall be deemed public records
because of any rights granted The University herein. Access to Contractor’s premises shall be granted only to
those agents, contractors or employees of the University who are required to have access to Contractor’s premises
in order to fulfill the obligations of University hereunder. The University shall maintain at all times a complete and
accurate list of all persons who have keys to Contractor’s premises and who may be granted access to Contractor’s
premises during non-business hours. Said list shall be furnished to the Contractor upon contractor’s request.
2.19
Assignment
The contractor cannot assign this contract, sublease the premises nor to permit the use of the premises by anyone
other than the contractor unless prior written approval by the University has been received.
3.0
GENERAL CAMPUS CARD AND ATM SERVICE TERMS
3.1 Scope and Background
The contractor shall furnish the services and requirements of this contract in accordance with the provisions embodied
herein. In order to assure consistent and integrated financial services on campus there are two service requirements
contained in this RFB:


Campus Cards Agreement, and,
Campus Automated Teller Services.
The University wishes to establish a contract with a bank or credit union to utilize the University’s Campus Card as an
instant issue signature based bank debit card. This program will further enhance the value and convenience of the
Campus Card and offer students and the campus community the potential advantage of a fully integrated and
convenient financial services package.
ATM Service shall be available to all students, faculty, staff and visitors. It is understood that the Contractor has no
control over any restrictions or limits that any individual financial institution may impose upon any person having
access to ATMS, including persons who would otherwise be considered eligible users. The University’s Institutional
Banking Services and Institutional Credit Cards are not part of this bid.
This contract does not include Student Loans and/or Student Credit Cards. The University will not endorse these
products, offer preferred promotional opportunities, allow promotion in the general areas of the Student Union, or any
other special access or channel beyond those available to other merchandisers of these products except those
specifically noted.
Blugold Card Office Background: The Blugold Card Office administers campus card services for the campus.
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Campus Card Services: The University has 14,000 Campus Cardholders and the ID office annually prints over 4,400
new and replacement cards. The University currently participates in the MAXX program and issues the MAXX Card
to all students, faculty, staff, and affiliates and anticipates a comparable program resulting from this solicitation.
The University uses three printers and the ID Works card production system. The Campus Card is known as the
Blugold Card and is used for door access as well as a variety of campus services. The Campus Card can also be used
as a form of payment at over 20 on campus locations. The Blugold Card does not have any ties to a banking institution
and is not part of this RFB.
The University currently offers a one card solution which connects the Blugold Card to an optional student/faculty
checking account which can be used as a signature based VISA debit card on and off campus. The one card is the card
included in this RFB. The University currently uses the Black Board System for dining, laundry, copying, vending,
and printing.
Automated Teller Machines: UW-Eau Claire currently has four ATMs on campus, two of which are included as part
of the services being procured in this RFB. This agreement expires June 30, 2010. Detailed information for the two
current ATMs included in this RFB can be found in Appendix 1.
3.2 Goods and Services Offered
In addition to the primary elements identified above, The University has also identified a number of objectives that are
expected to be met through this contract:








Provide high quality and convenient Campus Card and ATM services to students and staff.
Allow a student or staff member to opt in and link their University Campus Card to a personal bank account
so that the Campus Card can be used as a signature based ATM and debit card.
Allow the signature based ATM and debit Campus Card to be instantly issued on site and in cooperation with
the Blugold Card Office.
Allow for direct deposit of payroll checks.
Provide integrated Automated Teller Services (ATM) across campus.
Provide marketing assistance to promote Campus Card and ATM services.
Provide programming to educate students on financial management principles.
Provide revenue to support on-campus programming and development.
The automated teller machines to be installed are to be certified by a banking affiliate or other major provider as approved
by the University and handicapped accessible.
“Full Service” ATM machines shall provide customers with at least the following functions:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Cash withdrawal from checking
Cash withdrawal from Savings Accounts
Cash advance from credit card
Transfer from checking to savings
Transfer from savings to checking
Payment to credit card or loan
Balance Inquiry
Braille Keypad Access
Deposits to Financial Institutions
“Limited Service” ATM machines shall provide customers with the following functions:
1.
2.
3.
4.
5.
6.
7.
Cash withdrawal from checking
Cash withdrawal from Savings Accounts
Cash advance from credit card
Transfer from checking to savings
Transfer from savings to checking
Balance Inquiry
Braille Keypad Access
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It is the University's desire to provide ATM users access to several financial institutions through a national ATM
network. Bidders shall state their affiliation(s) or their intent to affiliate with networks as part of the bid submittal
information.
3.3
On Campus Personnel, Employment and Staffing
Contractor must provide knowledgeable individuals, acceptable to the University, who will provide the following
administrative support functions:
The Contractor shall appoint a Contract Administrator to consult with the Service Operations Manager on current
and future services and act with full authority on the Contractor's behalf in all matters pertaining to the University
and Contract requirements.
As part of bid response, bidder must identify the person(s) responsible for the Contractor’s Affirmative Action
Bids.
Contractors shall have in their employ, sufficient qualified and competent personnel to perform work promptly
and in accordance with Contract requirements.
The Contractor, its officers, agents and employees, in the performance of this Contract shall act in the capacity of
an Independent Contractor and not as an officer, employee or agent of The University. Contractor agrees that it
shall take such steps as may be necessary to ensure that each subcontractor or 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 University.
Contractor shall be responsible for personnel relations of payrolled employees. Contractor shall comply with all
applicable government regulations related to employment, compensation and payment of personnel.
Contractor’s personnel shall observe all regulations of The University. Failure to do so may be grounds for the
University to request reassignment of the Contractors staff. Once a Contractor’s employee has been reassigned,
they shall not be transferable to another UW System campus serviced by the Contractor and cannot be used for
any other The University services provided by the Contractor in the future.
Contractor shall provide identification of employees that is mutually acceptable by the University.
3.4
Parking
If parking is required, contract employee parking fees shall be paid directly to the University by the employee
or Contractor and shall not be expensed to the Blugold Card Office.
3.5
Advertising and Promotion
The contractor shall provide $18,000 toward marketing to include: marketing activities and materials, website
advertising and special events specific to contracted services. The University shall cooperate by providing space for
display and/or pickup of promotional materials. The University also agrees to include information about Branch
Campus Banking Services and Programs, where appropriate, in its various brochures and publications.
The contractor shall pay all costs of newspaper advertisements, brochure printing, and similar publicity costs of
materials developed and mutually agreed upon. Posting or distribution of handbills or other printed matter in or on
the University building is subject to existing building rules and regulations. Examples of specific past marketing
materials are included in Appendix A.
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The Contractor may not use the University of Wisconsin-Eau Claire or UW- Eau Claire logo or other UW- Eau
Claire symbols in advertising its goods and/or services or in any way imply sponsorship of the contractor by the
University.
The Contractor agrees that use of the facilities does not in any way constitute an endorsement of Contractor’s
business by the University or the State. The Contractor agrees not to use promotional or marketing material which
state expressly or by fair implication that the University endorses either the Contractor or any sponsor of such material.
Contractor agrees to work with the Service Operations Manager to provide access to ATM terminal displays for inhouse advertising messages. Contractor may at any time preempt these messages to instruct eligible users on how to use
ATM equipment. No third party advertising shall be allowed on any ATM covered under this contract. The Service
Operations Manager shall approve all advertising on the ATM terminal.
The University acknowledges that the Contractor has no control and is not responsible for any promotional activities
by other group financial institution or firms. The University shall provide and assist the Contractor with means of
presenting promotional display information to eligible users on ATM equipment. Nothing herein shall limit the right
of the Contractor, any financial institution, or network provider to include the designation of ATM equipment on
any list of automatic banking facilities distributed or published by such institution.
Equipment bearing UW- Eau Claire marks, logos or other indicia of the UW-Eau Claire must be purchased from
University licensees.
3.6
Requirements of the Card Agreement
Participation in the program allowing use of the Blugold as an instant issue, signature based VISA debit card shall
be an opt-in agreement. Cardholder must choose to enroll with the financial institution in order to establish an account.
UW-Eau Claire shall retain ownership of any personal cardholder data collected by UW-Eau Claire
and will only exchange data that would be available to any other merchant in accordance with UW-Eau Claire policy.
UW-Eau Claire shall retain control of all aspects of the ID including design, ID numbers, issuance
and card technology.
Contractor shall provide cardstock, card film and ink to be used for the instant issue, debit Campus Card. There are
currently 13,500 University Campus Cards in use. Approximately 4,500 ID’s are currently partnered with the
University’s banking contractor. We provide roughly 1,300 replacement ID’s for the current instant issue signature
based VISA debit card. The contractor will need to provide card stock, film and ink for roughly 5,800 ID’s for the
first year of the contract and should use this quantity in developing the bid response.
Contractor will work under the direction and approval of the University with respect to marketing requirements.
Contractor is also required to provide supporting documentation detailing the marketing activities and associated
expenditures.
No replacement fees will be charged by the contractor for replacement Campus Cards.
Direct deposit to the optional student or employee checking account shall be available, but not mandatory.
The new contractor will be required to re-card all current holders of the bank partnered cards. A staff of four contractor
staff will be required for the re-carding for a two week time period. Re-carding would take place within the first month
of contract issuance.
At the end of the contract term, Contractor shall not require the University to re-issue cards regardless
of any vendor logo remaining on the Campus Card. (Cards are valid for five years from issuance.)
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3.7
ATM Requirements
The University shall not provide, design, issue, control and pay for the user identification transaction plastic cards
authorizing individual use of the ATM.
The Contractor must provide full service ATM service at two locations: Hilltop Location 1 and Davies Center Location
2.
All ATM locations will be surcharge free or otherwise maintained free of any Service Charges assessed at the terminal
for any user.
The successful contractor must maintain at least two ATMs, without expense to the University, for the length of the
contract, regardless of experienced volume. These will be terminals in locations where the University believes it is
critical to provide ATM service.
The contractor shall provide each ATM location with operating instructions and information on how malfunction
reports may be made. The University shall approve the display of all required permits, licenses, price regulation, or
other information.
Industry improvements on ATM equipment occurring during the life of this contract may be incorporated by the
contractor on the originally installed equipment and subsequent installations where it is deemed feasible by the
University and mutually agreed by the contractor. Such improvements may include the ability for students to access
information or make payments to the University via ATM or University Debit Card use.
The contractor shall keep the University informed of new industry security measures in use. The University may, at its
option, institute or execute new measures required to accomplish maximum property, product and revenue security
when presented in writing by the contractor.
3.8
University Educational programs
The Contractor shall with prior approval of the Service Operations Manager provide a minimum of
two programmatic activities during the fall and two programmatic activities during the spring semesters;
concentrating on areas such as successful financial habits and budget planning. This includes contractor
responsibility for educational seminars and workshops on financial wellness.
4.0 EQUIPMENT, SPACE AND UTILITIES
4.1
Equipment Requirements
It is the responsibility of the contractor to obtain all necessary authorizations to install and operate the ATM
equipment specified in the chosen network. Equipment must be maintained throughout the life of the
Contract free and clear of liens, mortgages, and encumbrances unless otherwise agreed by the University and
UWSA.
The University shall require the Contractor to install ATMs.
Contractor shall install equipment at all locations. Any used equipment provided shall perform like new
equipment and shall be inspected by the Service Operations Manager to determine acceptance prior to
installation.
The University and Contractor shall mutually agree on installation location of the required equipment when
and if relocation of ATMs is needed. The Contractor shall assume sole expense and risk to place, install and
maintain all ATS equipment. Contractor shall clean and service the ATS equipment. All installation and
alterations to the existing space and facilities shall have prior approval of Service Operations Manager. The
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University shall assume the costs of decorating the area including, but not limited to painting, carpet, and wall
covering.
At regular intervals during the Contract period, the amount of required equipment shall be examined by the
Service Operations Manager and Contractor with the objective of providing the best possible service to
eligible users.
Repairs. Contractor shall make every reasonable effort to optimize ATM up-time.
1.
Preventative Maintenance. Contractor shall institute and maintain a program of preventive
maintenance and regular replacement of worn, damaged, or malfunctioning ATS equipment.
Contractor shall refrain from performing preventative maintenance during times of peak usage.
2.
Unanticipated Repairs. Contractor must provide repairs within three hours of notification, during the
hours of 7:00 a.m. to 10:00 p.m., Monday through Friday, excluding University holidays. Repairs on
weekends and holidays must be responded to within 24 hours of notification.
3.
Total Replacement. In the event of major failure or malfunction, when equipment will be out of
service for more than 24 hours, Contractor shall install replacement equipment or obtain permission
from the Service Operations Manager to extend down-time and post notification of alternate ATMs.
As "state of art" ATS capabilities evolve, the University intends to discuss with the Contractor the feasibility
of necessary equipment and programs for new technological developments at mutually agreed locations.
Such developments may include ability for students to access information and to make payments to the
University via ATS. Terms of such new installations shall be by mutual agreement of the University and
Contractor.
Contractor shall keep the University informed of new industry security measures in use. The University may
institute or execute such measures required to accomplish maximum property, product and revenue security
when presented, in writing, by the Contractor and mutually agreed by the University.
Removal of Equipment Upon Termination of Contract
1.
Upon termination or expiration of this Contract, Contractor shall vacate and return the premises to the
University in the same condition at the time the Contractor entered the premises, reasonable wear is
expected.
2.
3.
4.
4.2
The University may retain intact any leasehold improvements, except the ATS equipment or its
identification sign, or require that the Contractor remove such leasehold improvements within fifteen
days from the termination of this Contract.
ATS equipment not removed from the University locations on termination of this Contract after 10
days written notice to the Contractor may be removed and treated as abandoned property by the
University. Contractor shall assume all costs of removal, storage and product and revenue loss.
To ensure the continuation of ATS, the Contractor shall honor the University’s request to extend the
Contract to allow for delivery and installation of new equipment for start of the new Contract.
Space Requirements
Contractor shall occupy and use the premises of the University only for ATS operations and any other areas
designated for contractor operations.
Contractor shall provide building staff access behind ATMs for cleaning at least twice a year.
4.3
Utilities
Where necessary, utilities shall be brought to the equipment by the University. Contractor shall be
responsible for paying connection costs from the equipment to the provided utility source. Contractor shall
13
provide all communication lines, security and alarm circuits including necessary conduit whether on or off the
premises. Installation and routing of these circuits and conduit must be approved by the University.
Telephone service including computer connection circuits shall be available at the Contractor's expense
subject to availability of circuits.
Contractor shall be responsible for costs of all telephone line installations and hookups to ATS equipment
including alarm installations from the ATS locations to the campus alarm system located at Police and
Security Facility.
The University will not be responsible for any other charges not listed in this document.
4.4
ATM Ownership
Ownership of all ATM equipment shall remain with the contractor. The University agrees to take such
measures as may be reasonably required, as defined by the University, for the protection against loss by
pilferage or destruction. Required equipment repair expense is the contractor's responsibility.
4.5
Equipment Installation and Test Period
The equipment shall be placed, installed and maintained at the sole expense and risk of the contractor. Testing of
by the Contractor shall be coordinated with the Service Operations Manager, or designee. The Contractor shall
work under the direction of the Services Operations Manager, or designee, to determine the testing schedule and
acceptance of the results within a mutually agreed upon time frame.
Permits, Licenses, Operating Instructions
4.6
The contractor shall provide each ATM location with operating instructions and information on how malfunction
reports may be made. The University shall approve the display of all required permits, licenses, price regulation,
or other information.
5.0 ACCOUNTING AND PAYMENTS
5.1
ATM Accounting
5.1.1
Record Retention
The contractor shall maintain complete and accurate records of ATM transactions for each machine
following accepted industry accounting practices. All financial records and statements of University
operations shall be retained for three years from the close of each year's operation.
5.1.2
Transaction Definition
An ATM transaction is defined as a single credit or debit of funds to cardholder's accounts. This
includes cash advance from a credit card, payment to credit card or loan transfer of funds from one
account to another and other debit or credit transactions accepted and recorded by the national ATM
network specified.
Under some circumstances, a balance inquiry may be defined as a transaction resulting from a card
holder requesting the balance in their account.
5.1.3
Monthly statement
The contractor shall provide the University with a monthly statement detailing the number of ATM
transactions and commissions (if applicable) per ATM for the month and cumulative for the contract
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year. The contractor shall provide a method to independently verify the transaction counts each period
to the satisfaction of the University. This method shall be developed jointly by the University and the
contractor and agreed to prior to the start of the contract. The contractor is required to send a copy of
the monthly statement to UWSA Procurement Services.
Statement Review
On request of the University the contractor shall meet with the University and review each monthly
statement, explain deviations, discuss problems, and mutually agree on courses of action to improve the
results of the required services included in this contract. If applicable, monthly statement adjustments
required because of review and/or audit shall be identified and reflected on the next monthly statement.
5.1.4
Transaction count disclosure
The contractor shall provide a method to independently verify the transaction counts each period to the
satisfaction of the University. This method shall be developed jointly by the University and the
contractor and agreed to prior to the start of the contract The contractor shall not be required to verify
transaction counts by any method which might result in the disclosure of confidential information to the
University which is proprietary to the contractor, any other financial institution, or group of financial
institutions and would violate any applicable law or regulation, including the joint rules of the
Commissioner of Banking and the Commissioner of Savings and Loan.
5.1.5
Malfunction Report
The contractor shall provide the University with a monthly report for each machine listing all system
malfunctions. This report shall list the date and time of each malfunction, the time of service
restoration, and the nature of the malfunction, and uptime percentage per location.
5.2
Payments
Section 9.0 Bid Submittal Form is comprised of the following three sections and is to be used by Bidders when submitting
financial bids:
Market Participation Payments
The preferred method of compensation for the instant issue, signature based VISA debit card program is with Market
Participation Points. The participation percentage will be determined by dividing the number of active checking accounts
attached to the Instant issue, signature based debit card by the universe of potential prospects (estimated at 11,000 total
students). An active checking account is any account that is open, has funds, and is attached to a University BluGold
Card. The table is “scalable” based upon adjustments to the University community members as defined above.
Participation%
Annual Royalty Payment
Account Range
Annual Contractor market participation payments to the University will be based on the actual
participation rate on each contract anniversary date and payable to the University within 30 calendar days.
15
For reference purposes, the table below was used for compensation purposes in the prior contract.
Participation%
1-15%
16-25%
26-35%
36-45%
46-55%
56-65%
66%+
Annual Royalty Payment
$15,000 lump sum payment
$30,000 lump sum payment
$50,000 lump sum payment
$75,000 lump sum payment
$100,000 lump sum payment
$130,000 lump sum payment
$175,000 lump sum payment
Account Range
0-1,700
1,701-2,800
2,801-3,900
3,901-5,000
5,001-6,100
6,101-7,200
7,201-11,000
The contract payments began in the 1% to 15% participation rate. Years four and five of the contract have
been paid at the 26% to 35% participation rate.
Other Costs/Revenue
Bidders are to use Bid Submittal Form on which to complete and submit other costs and revenue.
In addition to completing the Form, bidders should provide supporting narrative.
Revenue Sharing
Detail all revenues to the University related to the products and services proposed in the above sections of this bid.
Be sure to list all revenues for the following items in addition to other potential revenue stream:
-
Interest on debit campus card accounts
Commissions
Activation fees
Other revenue.
Direct Costs
Detail all costs to the University for the products and services proposed in the above sections of the bid. List all
costs included on Bid Submittal Form as well as other related costs. Where options are required or proposed, clearly
identify all options with complete costs. Direct costs apply only to those expenses currently incurred by the University
which will be assumed by the Contractor. This information must be verifiable.
Audit
Any records pertaining to the operations of this service including ATM shall be open for inspection and/or audit by
the State and/or University of Wisconsin at any or all reasonable times.
Nothing in this contract shall be construed to require the contractor to provide or perform any service or disclose any
information which is illegal or contrary to applicable law or regulation.
ATM Statement Review
On request of the University the contractor shall meet with the University and review each monthly statement, explain
deviations, discuss problems, and mutually agree on courses of action to improve the results of the required services
included in this contract. Monthly statement adjustments required because of review and/or audit shall be identified and
reflected on the next monthly statement.
16
8.0 BIDDER’S QUALIFICATIONS AND INFORMATION
It is the purpose of this invitation to bid to obtain complete data from each bidder to enable the University to determine
which bidder is best able to serve all of the criteria that are to be considered in the award of this contract.
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:
*
*
*
*
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.
Financial capacity of the bidder must be sufficient to support the specified service; provide initial equipment and
labor and cash flow to guarantee performance.
The bidder's response must clearly demonstrate the capacity to handle the requirements of this contract in addition
to current workload.
Management and staffing requirements for this contract are satisfied.
Required Bidder's Information is as follows:
8.1
Name and address of operating company and the names of all the owners or principles of the company or
corporation.
8.2
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 card and ATM services.
8.3
A table of company organization and a plan for the administrative management and staffing proposed under the
specifications of this contract.
8.4
Complete description of services your company will provide to the University.
8.5
A description in detail of your education and training programs for students, faculty and staff.
8.6
A representative listing of professional associations in which your company maintains membership relevant to
campus banking services.
8.7
A representative listing of banking related information your company intends to make available to the University
community.
8.8
Business Plan for marketing the Campus Card program include sample copies of promotional and advertising
literature to be used.
8.9
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.
17
9.0 BID SUBMITTAL FORM for CAMPUS CARD AND ATM SERVICES
SUBJECT: CAMPUS CARD and ATM Service for the University of Wisconsin – Eau Claire
We, the undersigned, in compliance with the Request for Bid Number JS-10-2486 for CAMPUS CARD and ATM Service
dated May 11, 2010, hereby bid the following payments to the University of Wisconsin for CAMPUS CARD and ATM as
follows. In making these bids acknowledge that we have read and understood this Request for Bid and hereby submit our
bid in accordance with the terms and conditions of the bid specifications and agree to fulfill our legal obligations pursuant to
the attached contractual provisions.
MARKET PARTICIPATION PAYMENTS
Participation%
Annual Royalty Payment
Account Range
OTHER COSTS/REVENUE
REVENUE SHARING
1
Other revenue (please provide additional information/description)
$ _____________
DIRECT COSTS
1
Campus cards
$ _____________
2
Campus card supplies
$ _____________
3
Campus card re-carding
$ _____________
TOTAL NET REVENUE
$ _____________
BY _______________________________________________
SIGNATURE ______________________________________
TITLE __________________________________ DATE __________________________
FIRM ______________________________________________ FEIN ____________________________
ADDRESS __________________________________________
CITY _____________________________ STATE __________ ZIP _____________
PHONE _____________________ FAX ___________________EMAIL _______________________________
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APPENDIX A
University of Wisconsin – Eau Claire
Date –May 10, 2010
1. Student Enrollment
University Population - Headcount (FTE)
Academic year
2008-2009
2009-2010
2010-2011 (est.)
Student Enrollment
10,418
10,615
10,700
Faculty/Staff
1110
1103.5
1105
Summer session
2008-2009
2009-2010
2010-2011 (est.)
Student Enrollment
2318
2392
2390
2. UW-Eau Claire Campus Community Information can be found at:
http://www.uwec.edu/ECarea.htm
3. Current advertising and promotional programs and expenditures
·
Plastic pencil pouches for new student orientation binders (approx. 5,000 per year)
·
Resident hall fliers using four color and black and white copy (approx. 8,000 per year)
·
Welcome letter for incoming freshman (approx. 2500 per year)
·
Tri fold campus banking brochures, four color (approx. 5,000 – 6,000 per year)
·
Brochure on one card (approx. 6,000 per year)
·
Banners
·
$400 per year for summer freshman orientation daily cash prize
·
Spectator advertising
19
4. Campus Map:
20
STANDARD TERMS AND CONDITIONS
1.0
SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model
numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired.
When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to
establish equivalency. The 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 industry wide. 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.
21
A good faith dispute creates an exception to prompt payment.
12.0
TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on
its purchases except Wisconsin excise taxes as described below.
The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer,
liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of
Wisconsin sales or use tax on its purchases. The State of Wisconsin may be subject to other states' taxes on its purchases 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
14.0
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.
ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this
request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply.
Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other
terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in
writing by the contracting authority.
15.0
APPLICABLE LAW: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times
comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of
this contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel any
contract with a federally debarred contractor or a contractor which is presently identified on the list of parties excluded from federal
procurement and non-procurement contracts.
16.0
ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin recognize that in actual economic practice, overcharges
resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser). Therefore, the contractor hereby
assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection
with this contract.
17.0
ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the
prior written consent of the State of Wisconsin.
18.0
WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged
in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent
(75%) of the total hours of direct labor are performed by severely handicapped individuals.
19.0
NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the
contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color,
handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s.
111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further
agrees to take affirmative action to ensure equal employment opportunities.
19.1
Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan by
the contractor. An exemption occurs from this requirement if the contractor has a workforce of less than twenty-five (25) employees.
Within fifteen (15) working days after the contract is awarded, the contractor must submit the plan to the contracting state agency for
approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state
agency.
19.2
The contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided
by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law.
19.3
Failure to comply with the conditions of this clause may result in the contractor's becoming declared an "ineligible" contractor,
termination of the contract, or withholding of payment.
22
20.0
PATENT INFRINGEMENT: The contractor selling to the State of Wisconsin the articles described herein guarantees the articles
were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles
described herein will not infringe any United States patent. The contractor covenants that it will at its own expense defend every suit
which shall be brought against the State of Wisconsin (provided that such contractor is promptly notified of such suit, and all papers
therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it
will pay all costs, damages, and profits recoverable in any such suit.
21.0
SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the State of Wisconsin must comply fully with
all safety requirements as set forth by the Wisconsin Administrative Code, the Rules of the Industrial Commission on Safety, and all
applicable OSHA Standards.
22.0
WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be
warranted against defects by the bidder/proposer for one (1) year from date of receipt. The equipment manufacturer's standard
warranty shall apply as a minimum and must be honored by the contractor.
23.0
INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall:
23.1
Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work.
23.2
Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out
this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and property damage
including products liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles
that are used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined
single limit for automobile liability and property damage.
23.3
The state reserves the right to require higher or lower limits where warranted.
24.0
CANCELLATION: The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty due to
nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract.
25.0
VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the
State of Wisconsin.
26.0
PUBLIC RECORDS ACCESS: It is the intention of the state to maintain an open and public process in the solicitation,
submission, review, and approval of procurement activities.
Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of
the notice of intent to award or the award of the contract.
27.0
PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request, must be clearly stated in the
bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable State of
Wisconsin procurement regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted.
However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation.
27.1
Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the contracted
commodities or services cannot by copyrighted or patented. All data, documentation, and innovations become the property of the
State of Wisconsin.
27.2
Any material submitted by the vendor in response to this request that the vendor considers confidential and proprietary information
and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the
Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary Information form (DOA-3027).
Bidders/proposers may request the form if it is not part of the Request for Bid/Request for Proposal package. Bid/proposal prices
cannot be held confidential.
28.0
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
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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) 266-3590.
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STATE OF WISCONSIN
DOA-3027 N(R01/98)
DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION
The attached material submitted in response to Bid/Proposal includes proprietary and confidential information which qualifies as a trade secret, as provided in
s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as
indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval.
Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential.
Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats. as follows: "Trade secret"
means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:
1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by
proper means by, other persons who can obtain economic value from its disclosure or use.
2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.
We request that the following pages not be released
Section
Page #
Topic
________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________
IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE UNDERSIGNED HEREBY AGREES
TO PROVIDE LEGAL COUNSEL OR OTHER NECESSARY ASSISTANCE TO DEFEND THE DESIGNATION OF CONFIDENTIALITY AND AGREES
TO HOLD THE STATE HARMLESS FOR ANY COSTS OR DAMAGES ARISING OUT OF THE STATE'S AGREEING TO WITHHOLD THE
MATERIALS.
Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response will be open to
examination and copying. The state considers other markings of confidential in the bid/proposal document to be insufficient. The undersigned agrees to hold
the state harmless for any damages arising out of the release of any materials unless they are specifically identified above.
Company Name
___________________________________________
Authorized Representative
___________________________________________
Signature
Authorized Representative
___________________________________________
Type or Print
Date
___________________________________________
This document can be made available in accessible formats to qualified individuals with disabilities.
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