Amended Bid Document A-004-20

Amended Bid Document A-004-20
State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 N(R09/97)

BIDS MUST BE SEALED AND ADDRESSED TO:
AGENCY: Department of Natural Resources
ADDRESS: Attn: Konrad K. Plachetta
101 S. Webster St., Box 7921
Madison, WI 53707-7921
THIS IS NOT
AN ORDER
REQUEST FOR BID
BIDDER (Name and 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 # _A-004-20___. Late bids will be rejected. Bids MUST be date and time
stamped by the soliciting purchasing office on or before the date and time that the bid is due.
Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail
system does not constitute receipt of a bid by the purchasing office. Any bid which is
inadvertently opened as a result of not being properly and clearly marked is subject to rejection.
Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid
openings are public unless otherwise specified. Records will be available for public inspection
after issuance of the notice of intent to award or the award of the contract. Bidder should contact
person named below for an appointment to view the bid record. Bids shall be firm for
acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached
terms and conditions apply to any subsequent award.
Bids MUST be in this office no later than
June 9, 2010 2:00 PM
Name (Contact for further information)
Konrad K. Plachetta [email protected]
Phone
Date
608-266-0311
May 14, 2010
Quote Price and Delivery FOB
Per Specifications
 Fax bids are accepted (608) 264-6277
Item
No.
Quantity
and Unit
Price
Per Unit
Description
Total
Road Killed Deer Pickup Bid: Pick up and disposal of vehicle killed
deer from the roadways and rights-of-way for the period of July 1, 2010
through June 30, 2011. Bidders may bid on any or all of the counties.
Contractor will be responsible for providing their own vehicle and will be
responsible for proper disposal of deer carcasses. Two one-year renewal
options are available upon mutual agreement of both parties.
Work to be performed per attached Special Conditions of Bid,
Specifications, Standard Terms & Conditions, and Contract. Bidders must
complete this Request for Bid form and bid price form (being sure to
indicate bid amount and sign/complete bottom portion of this form and
return it by June 9, 2010 by 2:00 p.m.
Enter bid amounts on attached Bid Price Form and be sure to sign and
return with this Request for Bid Form. Be sure to mark your bid envelope
or fax cover sheet as “Sealed Bid A-004-20” so that it is not inadvertently
opened.
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 qualified under Wis. Stats. s. 16.752. Questions concerning the qualification 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 fr ee 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)
REQUEST FOR BID A-004-20
BID PRICE FORM - PAGE 1 OF 2
You may bid on one county or multiple counties. Awards will be made on a county basis.
Counties
Monthly Rate
Total for one year
WEST CENTRAL REGION COUNTIES
Adams
$
$
Buffalo
$
$
Chippewa
$
$
Crawford
$
$
Eau Claire
$
$
Jackson
$
$
Juneau
$
$
La Crosse
$
$
Pierce
$
$
Portage
$
$
Counties
Monthly Rate
Total for one year
NORTHERN REGIONAL COUNTIES
Barron
$
$
Bayfield
$
$
Burnett
$
$
Forest
$
$
Langlade
$
$
Lincoln
$
$
Polk
$
$
Price
$
$
Rusk
$
$
Taylor
$
$
Vilas
$
$
Counties
Monthly Rate
Total for one year
SOUTH CENTRAL REGIONAL COUNTIES
Columbia
$
$
Dane
$
$
Dodge
$
$
Grant
$
$
Green
$
$
Iowa
$
$
Jefferson
$
$
Counties
Monthly Rate
Total for one year
Lafayette
$
$
Richland
$
$
Rock
$
$
Sauk
$
$
Counties
Monthly Rate
Total for one year
NORTHEAST REGIONAL COUNTIES
Manitowoc
$
$
Oconto
$
$
Green Lake
$
$
Waushara
$
$
Winnebago
$
$
Counties
Monthly Rate
Total for one year
SOUTH EAST REGIONAL COUNTIES
Kenosha
$
$
Milwaukee
$
$
Ozaukee
$
$
Racine
$
$
Sheboygan
$
$
Walworth
$
$
Washington
$
$
Waukesha
$
$
Include on attached sheet the name any subcontractors
NAME OF BIDDER: ______________________________________________________________
ADDRESS: ______________________________________________________________________
CITY, STATE, ZIP: _______________________________________________________________
PHONE NUMBER: ______________________________________________________________
CELL NUMBER: ______________________________________________________________
FAX NUMBER: ______________________________________________________________
E-MAIL ADDRESS: ______________________________________________________________
SIGNATURE OF ABOVE INDIVIDUAL: ______________________________________________
Fax the first and second page of this bid to 608-264-6277 attn: Konrad K. Plachetta
PAGE 2 OF 2
DEPARTMENT OF NATURAL RESOURCES
INQUIRY A-004-20
METHOD OF BIDDING:
Vendors must complete, sign and date the Request For Bid document and the attached Bid Price Sheet and return those by
the due time and date on the Request For Bid form.
AWARD:
The contract will be awarded to the lowest responsive, responsible bidder. Law Enforcement staff will contact the apparent low
bidder to confirm the vendor's understanding of and conformity to the bid requirements before the actual award is made. The
Department reserves the right to reject any or all bids not deemed in the best interest of the State. The renewal option that is
part of this contract is not automatic. Any renewal may be negotiated as the end of the first contract period nears and is upon
mutual agreement of both parties.
MULTIPLE COUNTY AWARDS
Bidders may bid on more than three counties but if a bidder is the low bid on more than three counties(or if the bidder already is
the contractor for some counties) the Department may, due to logistical realities, choose to award no more than three total
counties or portions of counties to any one bidder. Factors the Department may consider are: coverage area, number and
location of employees or sub-contractors, past history of bidder, volume of deer pick-ups, size of counties and other relevant
factors. Bidder wishing to obtain awards for more than three counties should include evidence that they have the
capability of doing the additional work. The Department shall be the sole determiner of awarding multiple counties.
CONTRACT:
Do not sign the enclosed copy of the contract. Do not return it with your bid response. The awarded vendor will be required to
sign and return the contract.
PAYMENTS:
The awarded vendor must invoice the DNR on a monthly basis in order to receive payment. Payments are not sent
automatically. Payment terms are net 30. New contractors will not receive their checks until work for that month has been
completed.
APPEALS PROCESS
The appeals procedure applies to only those requests for bids for services that are over $25,000. Notices of intent to protest
and protests must be made in writing. Protestors should make their protests as specific as possible and should identify statutes
and Wisconsin Administrative Code provisions that are alleged to have been violated. For the purpose of this bid each County
is considered a separate award. If one bidder received multiple Counties and the total exceeds $25,000 that would be
considered one award and may be protested. If a protest is made on one award the remaining awards may go forward without
needing to go through the process below.
The written notice of intent to protest the intent to award a contract must be filed with Matt Frank, Secretary, in care of Jane
Launderville, Department of Natural Resources, Room 161, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707,
telephone 608 267-9534, and received in his office no later than five (5) working days after the notices of intent to award are
issued.
The written protest must be received within ten (10) working days after the notice of intent to award is issued.
The decision of the head of the procuring agency may be appealed to the Secretary of the Department of Administration within five
(5) working days of issuance, with a copy of such appeal filed with the procuring agency. The appeal must allege a violation of a
statute or a provision of a Wisconsin Administrative Code.
STATISTICS:
There are usually some cases when a carcass will be reported, but by the time you arrive it is no longer at the scene. You will
need to consider the cost of deer that are not found when determining your bid amount. The Department does not have
complete pick-up records available for this bid. Attached is information the Department does have for pick-up information.
SUBMITTAL OF BIDS:
Bids may be mailed in or faxed in. Be aware that fax lines are often busy and it may take over a day for mail to be routed
internally once it has been received at the building. Write “Sealed Bid A-004-20” “Due Date June 9, 2010 2:00 PM” so that
prompt attention is given to routing your bid. All bid responses will remain sealed until the date and time of the bid opening. Use
the name and address as it appears on the Request for Bid form when addressing your bid envelope.
FAX BIDDING:
Faxed bids shall be sent to the Department in the following manner:
Faxed bid responses will have a facsimile transmission cover letter. This letter will include:
a.
b.
c.
d.
e.
f.
g.
h.
Date
Agency fax number (608-264-6277)
Agency name (DNR)
Agency contact person and telephone number (Konrad K. Plachetta)
Bidder fax number (if available)
Bidder name
Bidder contact person and telephone number
Number of pages (including cover) being transmitted
Faxed replies to bid requests will be signed. Each page will be initialed and numbered "page 1 of 5, page 2 of 5," etc.
That faxed bids will be rejected if they do not arrive on time, i.e., the last page of the fax transmission must be completed prior
to the bid opening due date and time.
BID OPENING: The bid opening will take place at 101 S. Webster Street, Madison, WI , 2nd floor , June 9, 2010 2:00 PM.
HOW TO GET ON THE STATE OF WISCONSIN’S BIDDERS LIST
The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations
that want to sell to the state. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information
on state purchasing practices and policies, goods and services that the state buys, and tips on selling to the state. Vendors
may use the same Web site address for inclusion on the bidders list for goods and services that the organization wants to sel l
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 thei r
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.
CERTIFICATION FOR COLLECTION OF SALES AND USE TAX.
The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract, if the
vendor or contractor has not met or complied with the requirements of s. 77.66, Wis. Stats., and related statutes regarding
certification for collection of sales and use tax.
MINORITY PREFERENCE
The Department may give a 5% bid preference to certified minority business enterprises currently certified by the Department of
Commerce.
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. 15.107(2),
16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The contracting agency is committed to the promotion of minority
business in the state's purchasing program.
The State of Wisconsin policy provides that minority-owned business enterprises certified by the Wisconsin Department of
Commerce, Bureau of Minority Business Development should have the maximum opportunity to participate in the performance
of its contracts. The supplier/contractor 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 services incidental to this agreement,
with a goal of awarding at least 5% of the contract price to such enterprises.
Current Contract Rates:
Below are the contract rates for the period July 1, 2009 through June 30, 2010
West Central
County
Northern
PO Amt
County
PO Amt
Adams
$11,332.56
Barron
$15,100.80
Buffalo
$10,093.08
Bayfield
Chippewa
$14,592.96
Burnett
Crawford
$5,211.96
Eau Claire
South Central
County
PO Amt
Columbia
$13,972.92
$14,400.00
Dane
$16,499.52
$8,400.00
Dodge
$12,117.60
Florence
$2,100.00
Grant
$10,012.32
$8,736.00
$15,465.48
Forest
$5,700.00
Green
Jackson
$7,841.52
Langlade
$9,300.00
Iowa
$8,384.40
Juneau
$5,262.36
Lincoln
$9,300.00
Jefferson
$12,974.40
$11,530.44
Polk
$10,500.00
Lafayette
$7,300.80
La Crosse
Pierce
Portage
$10,082.76
Price
$6,300.00
Richland
$8,078.40
$9,360.00
Rusk
$7,200.00
Rock
$8,384.40
Taylor
$9,300.00
Sauk
$11,275.20
Vilas
$11,700.00
North East
County
South East
PO Amt
County
Manitowoc
$9,720.00
Oconto
PO Amt
Kenosha
$9,000.00
$19,659.60
Milwaukee
$8,100.00
Ozaukee
$9,000.00
Green Lk
$10,200.00
Waushara
$9,146.40
Winnebago
$17,056.80
Racine
$8,400.00
Sheboygan
Walworth
$18,000.00
$9,000.00
Washington
$12,000.00
Waukesha
$13,500.00
Deer pick up numbers
West Central Region – 2008/2009
County
Adams
Jul08
Aug08
Sep08
Oct08
Nov08
Dec08
Jan09
Feb09
Mar09
Apr09
May09
Jun09
Total
s
13
11
30
15
20
19
13
34
36
44
32
20
287
Buffalo
16
11
16
35
23
4
6
15
25
31
21
24
227
Chippewa
Crawford
28
18
18
38
71
20
7
17
51
46
50
54
418
3
4
2
16
20
1
0
1
15
23
15
7
107
Eau Claire
Jackson
13
20
39
59
77
7
9
19
31
42
49
41
406
15
10
19
25
45
4
2
22
9
26
29
20
226
Juneau
13
4
5
0
8
4
7
9
14
21
14
10
109
LaCrosse
17
16
20
48
47
14
24
26
34
41
45
37
369
Pierce
5
5
12
41
30
8
7
9
22
20
24
14
197
Portage
20
18
20
59
36
10
11
21
46
39
32
24
336
Jul09
Aug09
Sep09
Oct09
Nov09
Dec09
Jan10
Feb10
Mar10
Total
s
West Central Region – 2009/2010
County
Adams
19
15
19
13
31
14
21
15
35
182
Buffalo
10
16
16
31
39
10
8
6
25
161
Chippewa
Crawford
15
9
19
34
98
29
12
11
41
268
4
4
0
2
17
5
0
6
Eau Claire
Jackson
22
16
19
51
70
51
12
4
42
287
14
7
17
19
48
30
6
10
27
178
Juneau
38
7
8
9
7
20
14
9
15
20
109
19
14
19
49
53
20
10
20
45
249
5
11
9
39
37
17
12
12
16
158
29
19
31
34
38
15
17
9
23
215
Jul08
Aug08
Sep08
Oct08
Nov08
Dec08
Jan09
Feb09
Mar09
Apr09
May09
Jun09
Total
s
7
7
10
18
33
15
10
11
19
27
24
18
199
Bayfield
Burnett
10
15
22
26
26
13
17
11
30
45
24
45
284
7
7
11
23
24
2
5
7
35
13
8
7
149
Forest
Langlade
22
12
12
15
12
11
11
14
21
13
14
24
181
7
10
17
22
13
15
13
10
22
16
21
25
191
Lincoln
9
11
9
24
15
12
14
9
16
11
25
24
179
LaCrosse
Pierce
Portage
Northern Region – 2008/2009
County
Barron
Polk
17
17
32
51
50
20
14
27
25
48
39
23
363
Price
14
14
12
22
28
14
19
13
27
19
30
27
239
Rusk
34
25
32
44
46
17
28
33
38
47
27
42
413
Taylor
19
22
27
42
35
20
18
15
28
27
33
26
312
Vilas
19
23
30
28
15
19
22
15
27
24
16
31
269
Jul09
Aug09
Sep09
Oct09
Nov09
Dec09
Jan10
Feb10
Mar10
Total
s
Northern Region – 2009/2010
County
Barron
12
14
19
10
31
21
11
12
12
142
Bayfield
Burnett
30
17
17
17
34
17
17
17
17
183
7
5
7
4
11
17
17
14
20
102
Forest
Langlade
10
7
10
21
20
5
6
6
9
94
18
17
18
23
21
18
9
8
16
148
Lincoln
24
14
16
24
45
16
7
6
10
162
Polk
37
23
30
23
21
Price
20
13
17
22
20
14
7
6
13
132
Rusk
32
25
22
40
37
42
23
21
33
275
Taylor
20
12
21
50
42
16
9
7
23
200
Vilas
22
21
21
27
22
16
10
13
22
174
Jul08
Aug08
Sep08
Oct08
Nov08
Dec08
Jan09
Feb09
Mar09
Apr09
May09
Jun09
Total
s
134
South Central Region – 2008/2009
County
Columbia
0
29
36
59
72
19
22
46
70
69
70
34
526
Dane
52
33
80
193
187
55
47
61
119
155
94
84
1160
Dodge
Grant
40
24
33
77
86
49
48
54
96
90
72
55
724
29
19
17
56
57
21
20
20
20
47
58
38
402
Green
0
11
11
37
52
7
13
12
26
44
33
23
269
Iowa
19
11
14
30
45
15
25
19
23
48
32
25
306
Jefferson
Lafayette
24
16
23
36
45
27
25
31
100
61
25
32
445
0
5
9
33
46
9
22
14
27
25
21
4
215
Richland
16
13
44
26
25
8
22
21
26
39
23
15
278
Rock
33
16
33
42
64
19
18
26
34
42
43
38
408
Sauk
0
16
13
28
57
2
3
32
44
44
44
26
309
Jul09
Aug09
Sep09
South Central Region – 2009/2010
County
Columbia
Oct09
Nov09
Dec09
Jan10
Feb10
Mar10
Total
s
27
15
31
39
97
20
24
38
114
405
Dane
56
41
39
118
189
67
61
61
132
764
Dodge
Grant
37
12
36
96
97
61
64
50
98
551
18
14
19
47
71
17
18
19
40
263
Green
14
12
15
27
26
11
17
8
31
161
Iowa
20
9
10
29
46
20
23
12
33
202
Jefferson
Lafayette
17
13
14
38
58
36
45
38
64
323
6
5
10
14
25
15
19
19
19
132
Richland
18
7
10
25
32
13
23
22
35
185
Rock
35
8
15
50
62
24
24
14
35
267
Sauk
6
4
5
25
48
14
14
51
167
County
Jul08
Aug08
Sep08
Oct08
Nov08
Dec08
Jan09
Feb09
Mar09
Apr09
May09
Jun09
Total
s
Green Lk*
15
4
10
14
14
8
5
7
19
10
17
12
135
North East Region – 2008/2009
Manitowoc
40
34
33
54
33
12
13
22
33
51
43
46
414
Oconto
25
17
22
26
31
12
9
32
24
49
43
52
549
Waushara
20
17
45
57
49
17
25
38
74
5
134
33
514
9
11
13
15
29
8
9
22
34
38
* Estimated quantities since Green lk S was combined with parts of Fond du Lac County
31
23
242
Winnebago
North East Region – 2009/2010
Jul09
Aug09
Sep09
Oct09
Nov09
Dec09
Jan10
Feb10
Mar10
Total
s
Green Lk
Manitowoc
16
13
17
22
42
10
16
30
39
205
17
12
22
23
46
23
15
15
31
204
Oconto
28
22
13
35
60
18
14
18
45
253
Waushara
23
13
25
26
61
21
17
26
51
263
8
6
7
14
29
9
17
15
46
151
Jul08
Aug08
Sep08
Oct08
County
Winnebago
South East Region – 2008/2009
County
Kenosha
Nov08
Dec08
Jan09
Feb09
Mar09
Apr09
May09
Jun09
Total
s
10
8
11
17
6
21
11
11
14
12
21
18
160
Milwaukee
18
4
14
18
18
13
13
18
12
17
27
35
207
Ozaukee
Racine
21
12
9
29
31
11
9
15
12
19
16
27
211
38
23
19
53
74
17
16
45
73
49
67
51
525
Sheboygan
25
15
19
66
51
16
28
45
44
26
56
41
432
Walworth
28
12
16
54
112
29
30
46
83
63
120
62
655
Washingto
n
Waukesha
62
47
85
115
136
48
80
95
96
74
141
104
1083
7
14
11
16
18
10
9
14
13
15
35
37
199
Jul08
Aug08
Sep08
Oct08
Nov08
Dec08
Jan09
Feb09
Mar09
Apr09
May09
Jun09
Total
s
South East Region – 2008/2009
County
Kenosha
10
8
11
17
6
21
11
11
14
12
21
18
160
Milwaukee
7
14
11
16
18
10
9
14
13
15
35
37
199
Ozaukee
Racine
21
12
9
29
31
11
9
15
12
19
16
27
211
18
4
14
18
18
13
13
18
12
17
27
35
207
Sheboygan
38
23
19
53
74
17
16
45
73
49
67
51
525
Walworth
25
15
19
66
51
16
28
45
44
26
56
41
432
Washingto
n
Waukesha
28
12
16
54
112
29
30
46
83
63
120
62
655
62
47
85
115
136
48
80
95
96
74
141
104
1083
Jul09
Aug09
Sep09
Oct09
Nov09
Dec09
Jan10
Feb10
Mar10
Total
s
13
12
10
10
108
13
12
4
138
21
12
21
194
7
17
4
96
South East Region – 2009/2010
County
Kenosha
14
6
6
14
23
Milwaukee
18
13
13
28
37
Ozaukee
Racine
21
7
13
24
48
8
10
14
36
Sheboygan
20
16
25
66
89
28
29
42
353
Walworth
24
12
22
35
76
44
37
17
267
Washingto
n
Waukesha
43
44
34
108
137
67
26
26
485
85
54
61
111
169
67
93
34
674
27
38
The information above indicates how many deer carcasses were picked up during the period above. This is no guarantee of
the number of deer carcasses which will need to be picked up during the next contract period.
QUESTIONS:
Please contact either Konrad K. Plachetta with bid questions or if you have questions on specific regional conditions call the
regional enforcement leaders.
Konrad K. Plachetta
Rachel Lesczynski
608-266-0311
608-264-8544
Purchasing Agent
Contract Administrator
CWD ZONE COUNTIES
Portions of or all of the following counties are in the CWD Management Zone: Adams, Columbia, Crawford, Dane, Dodge,
Grant, Green, Iowa, Jefferson, Kenosha, Lafayette, Marquette, Racine, Richland, Rock, Sauk, Vernon, Walworth and
Waukesha. Car killed deer carcasses from the portion of these counties within the CWD area shall be disposed of at a
licensed landfill that will take deer carcasses from this zone. If there is not a landfill available that will accept deer carcasses
from this zone, the contractor will be responsible for pick up and delivery of the carcasses to a DNR designated location for the
Department to dispose of. From September – March, contractors can dispose of deer at the Black Earth and Barneveld DNR
deer registration stations by placing carcasses into 20yd dumpsters (one dumpster provided at each location). The dumpster
will be removed from the Barneveld location in March/April and returned in Sept. The dumpster at the Black Earth location will
be closed from April – September, at which time carcasses shall be placed into a semi trailer.
During warm weather months, the DNR will provide a refrigerated semi trailer and materials for cold-storage of deer delivered
by the contractor. The contractor will place deer in lined metal barrels and close the liner prior to placing them inside the
refrigerated trailer. If multiple deer will fit inside a barrel it is acceptable to put more than one deer in each barrel. The semi
trailer will be kept at the Black Earth DNR deer registration station all year, but only operated during warmer months from
March/April – September.
Effective September 1, 2009 Wisconsin restricts the movement of both whole wild-deer carcasses and certain parts of
those carcasses from the CWD Management Zone (CWD-MZ) to elsewhere in the state. Whole carcasses and certain
portions of those carcasses may only be transported within the CWD-MZ and from this zone to adjacent Deer Management
Units (see map and list below).
Additional rules may come into effect during the life of this contract. The contractor will be obligated to follow the requirements
of those changes. If the changes cause a significant increase in cost to the vendor the Department will adjust the contract price
accordingly.
2009 CWD Management Zone
SPECIAL CONDITIONS OF BID
The successful bidder will be required to sign the Department's standard deer removal contract. A
copy is enclosed with this request for bid.
The contract period is for one year from July 1 through June 30. The contract may be renewed for up
to two additional one-year periods upon mutual agreement of the Department and the Contractor.
This is not an automatic renewal. The contractor's performance will be evaluated and rates
negotiated prior to exercising the renewal option.
The successful bidder shall assume and agree to protect, indemnify and save harmless the
Department, its agents, officers and employees from and against any and all claims, suits, causes for
action liability, costs and expenses arising out of any action or inaction of the successful bidder, its
agents, officers and employees, regarding any property damage or personal injury, including death,
and the successful bidder shall agree to defend the Department in any such cause of action, claim,
demand or suit.
A performance bond will not be required of the successful bidder.
SPECIFICATIONS
1.
Deer shall be picked up by the Contractor within 24 hours of the request to remove during the
period from April 1st through November 30th and within 48 hours of the request to remove during
the period from December 1st through March 31st.
2.
The successful bidder shall be responsible for all labor, materials, licenses, signs and other
equipment in performing or accomplish the work.
3.
All deer shall be tagged by the successful bidder or his/her employees, with a non-salvage tag
provided by the Department prior to pick up. The tag shall be attached so that it will remain
affixed to the hide after the carcass is skinned and processed.
4.
A properly tagged hide may be sold, bartered, offered for sale or barter, or given away.
5.
Any hide that is sold shall remain tagged until the tanning process has begun.
6.
A report shall be submitted by the tenth of the month, Department Form 4100-79, Contract Deer
Removal Report form, indicating all car-killed deer removed in the previous month.
7.
The successful bidder shall equip all vehicles used with lights or lamps required by Section
347.26, Stats., and shall operate such lights or lamps when stopping on or adjacent to a public
highway.
8.
The successful bidder will comply with all Wisconsin Department of Agriculture, Trade and
Consumer Protection rules concerning the transporting and disposing of car-killed deer at a
rendering plant pursuant to section 95.72, Stats.
The successful bidder shall be licensed by the Wisconsin Department of Agriculture, Trade and
Consumer Protection if he/she hauls deer to a renderer or mink/fox farm. If the successful
bidder is licensed, he/she shall comply with the following Wisconsin Department of Agriculture,
Trade and Consumer Protection rules pertaining to dead animal collectors.
a.
The successful bidder shall obtain a free permit for the deer-hauling vehicle.
b.
The successful bidder shall display on the side of the vehicle his/her name and
the name of the rendering plant which will receive the deer. (Magnetic signs are
acceptable.)
c.
The successful bidder shall transport deer in a closed vehicle or container
provided it is leak proof or covered with a tarp, The bed of a pickup is acceptable
provided is not rusted through.
d.
The successful bidder shall, as necessary, clean or sanitize his/her equipment.
State of Wisconsin
Natural Resources
CONTRACT FOR DEER REMOVAL Department of
Section 16.705 and 16.71, Wis. Stats.
Rev. 4-05
This contract is entered into by and between the State of Wisconsin Department of Natural Resources, hereinafter referred to as the
Department and (insert contractor name), hereinafter referred to as the Contractor, subject to the terms and conditions herein, for the
purpose of handling and removing deer carcasses on or adjacent to roads.
1.
PERIOD OF AGREEMENT: The term of this contract shall be from the date both parties sign the contract until all services are
performed by the
Contractor, but no later than (contract end date). This contract shall have two one year renewal options
upon mutual agreement of both parties.
2.
ENTIRE CONTRACT, AMENDMENTS: This contract, together with the specifications in the bid request and referenced parts and
attachments, shall constitute the entire agreement and previous communications or agreements pertaining to this contract are hereby
superseded. Any contractual revisions including cost adjustments and time extensions shall be made by an amendment to this
contract or other written documentation, signed by both parties prior to the ending date of this contract.
3.
PAYMENT: The Contractor, for and in total consideration and payment for services rendered under this contract, shall receive:
$
/Month for removal of deer carcasses
4.
INDEMNIFICATION. The Contractor agrees to save, keep harmless, defend and indemnify the State of Wisconsin, Department of
Natural Resources and all its officers, employees and agents, against any and all liability, claims and costs of whatever kind and
nature, for injury to or death of any person or persons, and for loss or damage to any property (state or other) occurring in
connection with or in any way incident to or arising out of the occupancy, use, service, operation or performance of work in
connection with this contract or omissions of Contractor's employees, agents or representatives.
5.
DESCRIPTION OF WORK OR PRODUCTS: The Contractor agrees to remove vehicle or other killed deer on or adjacent to roads
designated by and upon the request of the Department, or other persons designated to the Contractor in writing by the Department,
in the following named counties:
(insert county location description)
Definition of Vehicle Killed deer: For purposes of this contract, vehicle killed deer is defined as any deer carcass or remnants
thereof, in any condition, located on or adjacent to the roadway, regardless of how the deer was killed (or died) or regardless of how
the carcass arrived at its location on, adjacent to, or near the roadway.
Deer shall be picked up by the Contractor within 24 hours of the request to remove during the period from April 1st through
November 30th and within 48 hours of the request to remove during the period from December 1st through March 31st.
The Contractor shall be responsible for all labor, materials, licenses, signs and other equipment in performing or accomplishing the
work hereunder.
Deer removed pursuant to this contract shall be tagged by the Contractor or his/her employees, with a nonsalvage tag provided by
the Department prior to pick up and transportation. The tag shall be attached so that it will remain affixed to the carcass after the
carcass is skinned and processed.
Any hide that is not a spotted hide and antlers that are not in the velvet, after removed from the rest of the carcass, may be sold,
bartered, offered for sale or barter, or given away.
If any deer or parts thereof are desired to be possessed, the requirements of ch. NR 19.13 Wis Adm. Code shall be followed.
Specifically, no other parts of a vehicle-killed deer may be retained or possessed for personal use unless first tagged with a vehiclekilled deer tag issued by a Law Enforcement officer or warden.
The Contractor shall submit by the tenth day of each month, Department Form 4100-79, Contract Deer Removal Report, indicating
all vehicle-killed deer removed in the previous month.
6.
The Contractor is authorized to use or dispose of the deer carcasses for the following purposes. (Any disposal method other than
those listed below must first be approved by the Department. Deer carcasses may not be used for human consumption. Antlers in
the velvet shall be destroyed and cannot be sold.) Check all that apply:
a.
b.
c.
d.
e
Rendering
Captive Wild animal feed
DNR licensed landfill
Hides, tarsal glands and antlers that are not in velvet may be sold
DNR approved private landfill
f.
DNR specified drop off location in CWD Zones
Composting or Land Spreading of Deer Carcasses in the CWD zone is prohibited.
7.
TERMINATION: In the event the Department determines there is any default on the part of the Contractor in the performance of
this contract, this contract terminates without notice and the Department may do or cause to be done anything which the Contractor
has failed or refused to do as required by this contract and may charge the costs thereof to the Contractor, who agrees to pay the
costs.
In this contract, the Department and the Contractor include their respective officers, employees, agents, directors, subcontractors,
assignees, partners, representatives, successors, heirs, members and servants. If the Contractor ceases to exist, in fact or by law, the
Department may immediately terminate this contract and, without any remedies available to the Contractor perform the contract.
If the Contractor is convicted of a violation of the law involving deer, this contract shall be deemed breached and terminated.
8.
CANCELLATION: The Department reserves the right to cancel this 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.
9.
INDEPENDENT CONTRACTOR: The Contractor is an independent contractor and not an employee or agent of the Department.
10. ASSIGNMENT. Neither this contract nor any right or duty in whole or in part by the Contractor under this contract may be
assigned, delegated or subcontracted without the written consent of the Department. If upon the written consent of the Department
this contract or any right or duty in whole or in part is assigned, the Assignee(s) shall expressly agree to assume and perform all
relevant obligations expressed under the terms of this contract and be bound by the terms and conditions of this contract.
Assignment in whole or in part of this contract does not absolve the Contractor of any liability or obligation expressed and agreed to
hereunder.
11. CONTRACT REQUIREMENTS: The Contractor shall equip all vehicles used under this contract with lights or lamps required by
Section 347.26, Wis. Stats., and shall operate such lights or lamps when stopping on or adjacent to a public highway.
The Contractor will comply with all Wisconsin Department of Agriculture, Trade and Consumer Protection rules concerning the
transporting and disposing of vehicle-killed deer at a rendering plant pursuant to section 95.72, Wis. Stats.
The Contractor shall be licensed by the Wisconsin Department of Agriculture, Trade and Consumer Protection if he/she hauls deer
to a renderer or mink/fox farm. If the Contractor is licensed, he/she shall comply with the following Wisconsin Department of
Agriculture, Trade and Consumer Protection rules pertaining to dead animal collectors.
a.
The Contractor shall obtain a free permit for the deer-hauling vehicle.
b.
The Contractor shall display on the side of the vehicle his/her name and the name of the rendering plant that will receive the
deer. (Magnetic signs are acceptable.)
c.
The Contractor shall transport deer in a closed vehicle or container provided it is leak proof or covered with a tarp. The bed of
a pickup is acceptable provided it is not rusted through.
d.
The Contractor shall, as necessary, clean or sanitize his/her equipment.
e.
The Contractor shall maintain records required by paragraph 5 of this contract.
12. INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall:
a)
Maintain worker’s compensation insurance for all employees engaged in the work.
b)
Maintain commercial liability and property damage insurance against any claim(s) which might occur in carrying out
this agreement/contract. Minimum coverage shall be one million ($1,000,000) liability for bodily injury and property
damage including products liability and completed operations. Provide motor vehicle insurance for all owned, nonowned, and hired vehicles that are used in carrying out the contract. Minimum coverage shall be one million
($1,000,000) per occurrence combined single limit for automobile liability and property damage.
c)
Provide an insurance certificate indicating this coverage, counter-signed by an insurer licensed to do business in
Wisconsin, covering the period of the agreement/contract. The insurance certificate is required to be presented prior
to issuance of the purchase order or before commencement of the contract.
d)
The state reserves the right to require higher or lower limits where warranted.
13. NONDISCRIMINATION. 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 section 51.01(5), Wis. Stats., sexual orientation 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. The Contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices
to be provided by the Department setting forth the provisions of this nondiscrimination clause. Failure to comply with the
conditions of this clause may result in the Contractor being declared an "ineligible" contractor, termination of the contract, or
withholding of payment.
14. AFFIRMATIVE ACTION. If this contract is for an amount of twenty-five thousand dollars ($25,000) or more the Contractor
agrees to submit a written affirmative action plan to the Department within 15 business days after the contract commences if an
acceptable plan is not already on file with the State of Wisconsin. (Contractors with an annual work force of fewer than twenty-five
employees are exempted from this requirement.) Failure to comply with the conditions of this clause may result in the Contractor
being declared an "ineligible" contractor, termination of the contract, or withholding of payment.
15. APPLICABLE LAW. This contract shall be governed by the laws of the State of Wisconsin. The Contractor shall at all times
comply with all federal, state and local laws, ordinances and regulations in effect during the period of this contract.
16. ANTITRUST ASSIGNMENT. The Contractor and the Department recognize that in actual economic practice, overcharges
resulting from antitrust violations are in fact usually borne by the Department. Therefore, the Contractor hereby assigns to the
Department any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract.
17. PAYMENT TERMS AND INVOICING. Payment shall be considered timely if the payment is mailed, delivered, or transferred by
the later of the following: The date specified on a properly completed invoice for the amount specified in the order or contract, or
Within thirty (30) days after receipt of a properly completed invoice or receipt and acceptance of the property or service under the
order or contract or within thirty (30) days after receipt of an improperly completed invoice or receipt and acceptance of the
property or service under the order or contract, whichever is later if the Department does not notify the sender of receipt of an
improperly completed invoice within ten (10) working days after it receives the invoice of the reason it is improperly completed.
18. TAXES. The Department 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 all federal tax and
Wisconsin sales or use tax on its purchases. The State of Wisconsin does not issue a tax exempt number for state agencies. The
Department may be subject to other states' taxes on its purchases in that state depending on the laws and of that state. Contractors
performing construction activities are required to pay state use tax on the cost of materials.
19. TAX DELINQUENCY. Contractors who have a delinquent Wisconsin tax liability may have their payments offset by the State of
Wisconsin.
State of Wisconsin
Department of Natural Resources
For the Secretary
Date Signed ___________________________
By __________________________________________
Secretary
Date Signed ____________________________
By _________DRAFT___________________________
CONTRACTOR
Wisconsin Department of Administration
DOA-3054 (R10/2005)
Ch. 16, 19, 51, Wis. Stats.
Page 1 of 3
Standard Terms And Conditions
(Request For Bids / Proposals)
1.0
2.0
3.0
4.0
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.
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.
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.
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.
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
6.2
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.
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
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.
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
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
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.
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.
DOA-3054
Page 3 of 3
14.0
15.0
16.0
17.0
18.0
19.0
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.
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.
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 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.
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.
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.
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.
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.
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.
DOA-3054
Page 3 of 3
24.0
25.0
26.0
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.
VENDOR TAX DELINQUENCY: Vendors who have a
delinquent Wisconsin tax liability may have their payments
offset by the State of Wisconsin.
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.
rials 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 sub-units, 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) 267-7577.
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.
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 mate-
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
2.0
ACCEPTANCE OF BID/PROPOSAL CONTENT: The contents of the bid/proposal of the successful contractor will
become contractual obligations if procurement action
ensues.
3.2
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)
4.0
DUAL EMPLOYMENT:
Section 16.417, Wis. Stats.,
prohibits an individual who is a State of Wisconsin employee
or who is retained as a contractor full-time by a State of
Wisconsin agency from being retained as a contractor by the
same or another State of Wisconsin agency where the
individual receives more than $12,000 as compensation for
the individual’s services during the same year.
This
prohibition does not apply to individuals who have full-time
appointments for less than twelve (12) months during any
period of time that is not included in the appointment. It
does not include corporations or partnerships.
5.0
EMPLOYMENT:
The contractor will not engage the
services of any person or persons now employed by the
State of Wisconsin, including any department, commission
or board thereof, to provide services relating to this
agreement without the written consent of the employing
agency of such person or persons and of the contracting
agency.
6.0
CONFLICT OF INTEREST: Private and non-profit corporations are bound by ss. 180.0831, 180.1911(1), and 181.0831
Wis. Stats., regarding conflicts of interests by directors in
the conduct of state contracts.
7.0
RECORDKEEPING AND RECORD RETENTION:
The
contractor shall establish and maintain adequate records of
all expenditures incurred under the contract. All records
must be kept in accordance with generally accepted
accounting procedures.
All procedures must be in
accordance with federal, state and local ordinances.
He/she is not the person in the bidder's/proposer's
organization responsible within that organization for
the decision as to the prices being offered herein, but
that he/she has been authorized in writing to act as
agent for the persons responsible for such decisions
in certifying that such persons have not participated,
and will not participate in any action contrary to 2.1
through 2.3 above, and as their agent does hereby so
certify; and he/she has not participated, and will not
participate, in any action contrary to 2.1 through 2.3
above.
3.0
of the potential contractor will not be adverse to the
interests of the state.
Contractors shall agree as part of the contract for
services that during performance of the contract, the
contractor will neither provide contractual services
nor enter into any agreement to provide services to a
person or organization that is regulated or funded by
the contracting agency or has interests that are
adverse to the contracting agency. The Department
of Administration may waive this provision, in writing,
if those activities of the contractor will not be adverse
to the interests of the state.
The contracting agency shall have the right to audit, review,
examine, copy, and transcribe any pertinent records or
documents relating to any contract resulting from this
bid/proposal held by the contractor. The contractor will
retain all documents applicable to the contract for a period of
not less than three (3) years after final payment is made.
DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP:
8.0
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
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
Was this manual useful for you? yes no
Thank you for your participation!

* Your assessment is very important for improving the work of artificial intelligence, which forms the content of this project

Download PDF

advertisement