Request for Bid package

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VENDOR NET TRANSMISSION COVER LETTER
DATE:
May 24, 2006
When using Vendor Net, you may submit your bid through one of the following options: U.S. mail,
hand-delivery, fax or e-mail. Refer to “SUBMITTAL INSTRUCTIONS”. Regardless of the option
used, your bid must be received and time stamped in by Purchasing Services, 750 University
Avenue, 2nd Floor Reception, Madison, WI 53706-1490, prior to 2:00 PM on the bid due date to be
considered on time. Bids not so stamped shall be considered late. Late bids shall be rejected.
If you have any questions concerning these instructions, please contact the University of
Wisconsin-Madison Purchasing Services (Bid Processing) at (608) 262-6121.
PURCHASING SERVICES
University of Wisconsin-Madison  750 University Avenue  Madison, WI 53706
608/262-6121  (Fax) 608/262-4467  www.bussvc.wisc.edu  bids@bussvc.wisc.edu
RETURN TO: University of Wisconsin-Madison
Purchasing Services
750 University Ave, 2nd Floor Reception
Madison, WI. 53706-1490
INSTRUCTIONS
This original REQUEST FOR BID form must be completed,
typed or in ink, signed and returned to: Purchasing Services,
750 University Avenue, 2nd Floor Reception, Madison, WI
53706-1490 (see Submittal Instructions page).
Refer to section titled “SUBMITTAL INSTRUCTIONS”.
REQUEST FOR BID
All correspondence must reference the bid number.
THIS IS NOT AN ORDER
Unless otherwise noted, public openings will be on the date
and time specified. Award(s), if any, will be made as soon
thereafter as possible.
The bid abstract will be on file and is open to public inspection
only after award determination has been made.
OFFICIAL SEALED
BID NUMBER: 07-5880
AGENT: Judy Millard at (608) 262-6335
ISSUE DATE: 05/24/06
FAX NUMBER: (608) 262-4467
DUE DATE:
06/19/06
E MAIL: jmillard@bussvc.wisc.edu
2:00 PM CDT
_________________________________________________
Bid prices and terms shall be firm for sixty (60) days from the
date of bid opening, unless otherwise specified in this Request
for Bid by the UW-Madison Purchasing Services.
If NO BID (check here)
and return.
DELIVERY
DAYS ARO
DESCRIPTION
The University of Wisconsin-Madison request bids for
__________
CHLAMYDIA/GONORRHEA TEST KIT
for the period July 1, 2006 through June 30, 2007 or one year after date of award, with options to
renew for two additional one-year terms, in accordance with the attached in this order: Special
Conditions of Bid, Bidder Response Sheet, Specifications, Itemized Bid List, Minority Business
Enterprise (MBE) Awareness, Compliance & Action Plan and Standard Terms and Conditions. The
University reserves the right to extend beyond the Contract Term if deemed to be in the best interest of
the University.
Questions regarding this bid will be answered by the following:
ADMINISTRATIVE: Judy Millard at (608) 262-6335 jmillard@bussvc.wisc.edu
TECHNICAL: Roberta McDonald at (608) 262-6505 bobbie@mail.slh.wisc.edu
In signing this bid, we have read and fully understand and agree to all terms, conditions and specifications and acknowledge that the UW-Madison
Purchasing Services bid document on file shall be controlling. We certify that we have not, either directly or indirectly, entered into any agreement or
participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm
to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that
this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the stated statement is accurate under penalty of
perjury.
SIGNATURE: _____________________________________________________________________________DATE ____________________
TYPE OR PRINT NAME: _____________________________________________________________________________________________
TITLE: _______________________________________________________ TELEPHONE NUMBER: (_______) _____________________
FEIN NUMBER: _________________________________
FAX NUMBER:
(_______) _____________ ________
EMAIL ADDRESS: __________________________________________________________________________________________________
SECTION A. - VENDOR NOTE
THIS SECTION MUST BE COMPLETED AND THIS FORM RETURNED WITH YOUR BID RESPONSE
1. In accordance with Wisconsin Statutes 16.75 (3m) & 16.752, please indicate if you are a Wisconsin Certified
minority business or sheltered workshop center:
____________ Minority (MBE)
____________ Sheltered Workshop Center
____________ Not applicable
(if no answer is indicated, we will assume you are neither when making the award.)
2. Pursuant to Public Law 95-507, indicate which of the following classifications apply to your organization. All
vendors are considered large business unless otherwise indicated (see website: www.sba.gov/). (Check all that
apply.)
___________ LARGE BUSINESS (LG)
____________ SMALL BUSINESS (SB)
____________ VETERAN OWNED SMALL BUSINESS (VOSB)
____________ SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB)
____________ HISTORICALLY UNDER UTILIZED BUSINESS ZONE (HUBZONE)
____________ SMALL DISADVANTAGED BUSINESS (SDB)
____________ WOMAN-OWNED SMALL BUSINESS (WOSB)
3. AMERICAN MADE: Wisconsin Statutes 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. “Substantially equal” means
when bids are tied or proposal scores are equal. Indicate whether the material covered in your bid/proposal were
manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof
were manufactured in whole or in substantial part in the United States.
____________ YES
____________ NO
____________ UNKNOWN
4. MINORITY BUSINESS PARTICIPATION: As a mandatory component of this proposal (or bid), you must complete
the “Minority Business Enterprise (MBE) Awareness, Compliance & Action Plan” form that is a part of this document.
I have reviewed and completed The “MBE Awareness, Compliance & Action Plan” form.
____________ YES
____________ NO
5. RECYCLED PRODUCTS/PACKAGING/DISPOSAL TECHNIQUES: The University is committed to promote
environmentally sound procurement, usage and disposal methods which are in compliance with State of Wisconsin
County, and Municipal regulations. Currently the University has a recycling program for starch and Styrofoam
packing peanuts. The University’s preference is to receive starch peanuts whenever possible. The Contractor shall
not use INSTAPAK or mix starch and Styrofoam peanuts under any circumstances. Each product shall be
separately pre-packed in accordance with commercially accepted methods. Small products may be packaged in
protective envelopes (Mail-Lite or Bubble-Jet packs).
SUBMITTAL INSTRUCTIONS
A completed bid response must be received and time stamped in by UW-Madison Purchasing Services prior to
the stated opening time to be considered. Bids not so stamped shall be considered late. Late bids shall be
rejected. We have supplied you with a return label. Please fill in your vendor name on the return label to help us
identify this transaction. Not using the pre-addressed label to submit your bid properly and clearly marked is
subject to rejection. Please use one of the options below for return of your bid.
All bids must be time stamped in by UW-Madison Purchasing Services prior to the stated opening time. Bids not
so stamped shall be considered late. Late bids shall be rejected.
MAILING:
Mailed bids must be received at Purchasing Services, 750 University Ave, 2nd Floor Reception,
Madison, WI. 53706-1490. Cut out and tape/glue return label on your return envelope.
HAND
Hand-delivered bids may be done by vendor or third-party/courier service. Bids must be received
DELIVERY: at Purchasing Services, 750 University Ave, 2nd Floor Reception, Madison, WI. 53706-1490. Cut
out and tape/glue return label on your return envelope.
FAXING:
Include return label with your fax transmission at (608) 262-4467 (AVAILABLE 24 HOURS A DAY).
The last page of the fax transmission must be completed prior to the bid opening due date and
time.
E-MAILING: Prior to the bid deadline, bidder is responsible for confirming that their e-mailed bid response has
been successfully received. Proof of transmission doesn't constitute proof of receipt. In addition,
the REQUEST FOR BID form (cover page) must be signed and returned via mail or fax within one
(1) business day after the bid due date. Include return label with your e-mail transaction to
bids@bussvc.wisc.edu.
Receipt of a bid by the University e-mail system does not constitute receipt of a bid by UWMadison Purchasing Services for purposes of this request for bid unless a REQUEST FOR BID
form is signed and returned.
RETURN ADDRESS LABEL:

OFFICIAL SEALED
NUMBER: 07-5880
DUE DATE: 06/19/06
TIME: 2:00 PM CDT
INSERT
VENDOR NAME HERE: ____________________________________
ADDRESS: ________________________________________________
________________________________________________
________________________________________________
UNIVERSITY OF WISCONSIN-MADISON
PURCHASING SERVICES
750 UNIVERSITY AVE., 2ND FLOOR RECEPTION
MADISON, WI 53706-1490
UNIVERSITY OF WISCONSIN
CONTRACT NO.: 07-5880
TABLE OF CONTENTS
SECTION
SUBJECT
INTRODUCTION
PURPOSE
SCOPE
AFFIRMATIVE ACTION
WISCONSIN SALES AND USE TAX REGISTRATION
DEBARMENT
VENDORNET
ELECTRONIC COMMERCE/ONLINE ORDERING
PARKING
SMOKE-FREE ENVIRONMENT
PROMOTIONAL MATERIALS
ENERGY STAR
SPECIAL CONDITIONS OF BID
1.
CLARIFICATIONS AND/OR REVISIONS THROUGH DESIGNATED CONTACT
2.
CONTRACT TERM
3.
FIRM PRICES AND DISCOUNTS
4.
FOB DESTINATION, FREIGHT PREPAID AND ALLOWED (Consumable) -ANDF.O.B. DESTINATION FREIGHT PREPAID INCLUDED AND INSTALLED (Instrumentation Systems) -AND-
ON SITE SERVICE
5.
CAMPUS DELIVERY REQUIREMENTS
6.
TIMELINESS OF DELIVERY
7.
ORDERS
8.
INVOICING REQUIREMENTS
9.
ADDITIONAL ITEMS
10.
ELIGIBLE PURCHASERS
11.
SHIPMENTS, DUPLICATES AND OVERSHIPMENTS
12.
ITEM RETURN POLICY
13.
CONTRACT TERMINATION
14.
METHOD OF BID
15.
METHOD OF AWARD
16.
MBE PREFERENCE
17.
QUALIFICATIONS
18.
SPECIFICATIONS OF ITEMS TO BE PROVIDED
19.
BID RESPONSE REQUIREMENTS
20.
BIDDER RESPONSE SHEET
21.
ITEMIZED BID LIST
22.
MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM AWARENESS, COMPLIANCE & ACTION PLAN
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53706-1490
CONTRACT NO.: 07-5880
PAGE 1 OF 19
INTRODUCTION
PURPOSE:
The University of Wisconsin-Madison, hereinafter referred to as the "University", through its Purchasing Services
Department, hereinafter referred to as "Purchasing," on behalf of Wisconsin State Laboratory of Hygiene, hereinafter
referred to as "WSLH," requests bids for the purchase of chlamydia/gonorrhea test kit
Conditions of bid that include the word "must" or "shall" describe a mandatory requirement. All specifications are defined
as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification or
condition of bid, Purchasing reserves the right to delete that specification or condition of bid. FAILURE TO MEET A
MANDATORY REQUIREMENT SHALL DISQUALIFY YOUR BID. This Contract bid document and the awarded
bidder’s (Contractor’s) response information shall become the Contract.
SCOPE:
The estimated annual item quantities identified on the "ITEMIZED BID LIST" are for bid purposes only. The University
does not guarantee to purchase any specific quantity or dollar amount.
AFFIRMATIVE ACTION:
As a State agency, the University requires contractors issued a purchase order exceeding $25,000.00 to provide an
Affirmative Action Plan. Failure to comply appropriately with these requirements can lead to your company being
banned from doing business with any agency of the State of Wisconsin. Additionally, failure to comply can result in
termination of this contract, or withholding of payment. On the Bidder Response Sheet please provide the requested
information.
For additional information see section 17.0 of the Standard Terms and Conditions
(www.bussvc.wisc.edu/purch/stdterms1.html ). Some exceptions may apply, and instructions for completing a plan are
available upon request.
WISCONSIN SALES AND USE TAX REGISTRATION:
No award can be made to a vendor who is not in compliance with Sec. 77.66 of the Wisconsin State Statutes
(vendornet.state.wi.us/vendornet/wocc/certtax.asp) relating to sales and use tax certification.
If you have not established a certification for Collection of Sale and Use Tax status with the Wisconsin Department of
Revenue, the University and any other state agency can not issue any purchase orders to your firm. For additional
information see www.dor.state.wi.us/html/vendlaw.html
DEBARMENT:
Federal Executive Order (E.O.) 12549 “Debarment“ requires that all contractors receiving individual awards, using
federal funds, and all subrecipients certify that the organization and its principals are not debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with
the Federal Government. As a part of this bid document there is debarment language and a signature block for you to
self certify your debarment status on the Bidder Response Sheet. Failure to supply this information may disqualify your
bid. Information on debarment is available at the following websites: www.epls.gov and www.arnet.gov/far/.
VENDORNET:
The State of Wisconsin has implemented a registration service on an internet system called “VendorNet” to enable
vendors to receive notice of all official sealed bids/proposals (over $25,000.00) as solicited by all state agencies.
To obtain information on the state’s bidder registration, please visit the VendorNet Web site at vendornet.state.wi.us
or call the VendorNet Information Center (1-800-482-7813). In the Madison area, please call 264-7898.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53706-1490
CONTRACT NO.: 07-5880
PAGE 2 OF 19
ELECTRONIC COMMERCE/ONLINE ORDERING:
Customers of this contract may want to take advantage of electronic ordering and “E-Commerce opportunities that may
be offered by the Contractor. If electronic ordering methods are used, the following conditions will apply:
The terms of this RFB will take precedence over any auxiliary or ancillary agreement that may be accepted by any
employee of the University or State. Any terms, conditions, clauses or specifications that are not consistent with the
terms, conditions, or specifications of the RFB will be considered null and void and will not be enforceable by the
contractor unless agreed to in a written amendment format signed by the Contract Administrator. These agreements
include, at a minimum, “Wrap Around”, “Click and Wrap”, Electronic Commerce agreements, auxiliary or ancillary service
agreements, or any other additional agreements that further define or add additional service elements to the master
contract.
PARKING:
University parking is very limited. Each Contractor and/or employee(s) shall make their own arrangements for parking
through UW Transportation Services in Room #120 WARF Building, 610 Walnut Street, Madison, WI (608) 263-6666.
No additional costs will be allowed for parking fees or violations. Unauthorized vehicles parking in University lots or
loading docks without permits will be ticketed and or towed.
SMOKE-FREE ENVIRONMENT:
All University buildings are smoke-free buildings. No smoking shall be permitted.
PROMOTIONAL MATERIALS:
Contractor agrees to not use promotional or marketing material which states expressly or by fair implication that the
University endorses either the Contractor or any sponsor of such material.
ENERGY STAR:
The State encourages the use of equipment which meets the Environmental Protection Agency (EPA) Energy Star
requirements. The Energy Star Program is a voluntary agreement between an OEM and the EPA. It is not mandatory
that every device offered meet Energy Star requirements but the bulk of the product line should be energy efficient.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53706-1490
CONTRACT NO.: 07-5880
PAGE 3 OF 19
SPECIAL CONDITIONS OF BID
1. CLARIFICATIONS AND/OR REVISIONS THROUGH DESIGNATED CONTACT:
All communications and/or questions in regard to this request should be in writing and bidders are encouraged to
FAX or e-mail written questions to the Purchasing Office. Verbal questions, when permitted, must be directed to
Judy Millard (608) 262-6335.
If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB,
they have five (5) business days before the bid due date and time to notify, in writing, Judy Millard at the address
shown below of such error and request modification or clarification of the RFB document. All written questions will
be responded to in writing and provided to all bidders.
Judy Millard
UW Purchasing
750 University Ave
Madison, WI 53706-1490
E-mail: jmillard@bussvc.wisc.edu
PHONE (608) 262-6335 -- FAX (608) 262-4467 – TTY (608) 262-0825
Roberta McDonald
Wisconsin State Lab of Hygiene
465 Henry Mall
Madison, WI 53706
E-mail: bobbie@mail.slh.wisc.edu
PHONE: (608) (608) 262-1617
If a Bidder fails to notify the Purchasing Office of an error in the RFB document which is known to the Bidder, or
which must have reasonably been known to the Bidder, then the Bidder shall submit a response at the Bidder’s risk
and if awarded a contract, shall not be entitled to additional compensation or time by reason of the error or its later
correction.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this
RFB, supplements or revisions will be provided to all recipients of this initial RFB.
DEFINITIONS:
The following definitions are used throughout the Special Conditions of bid:
Bidder means a firm submitting a bid in response to this Request for Bid.
Contractor means successful vendor awarded the contract.
Department means UW-Madison Wisconsin State Laboratory of Hygiene.
MBE means Minority Business Enterprise.
P-Card means Procurement Card (State credit card).
RFB means Request for Bid.
State means State of Wisconsin.
University means University of Wisconsin-Madison.
2.
CONTRACT TERM:
The initial term of this contract shall be July 1, 2006 (CONTRACT START DATE), through June 30, 2007
(CONTRACT END DATE). This contract will be automatically renewed for two additional one-year terms. The
University reserves the right to extend beyond the Contract Term if deemed to be in the best interest of the
University.
The University has the option to automatically extend this contract into its second and third years unless Purchasing
is notified, in writing, by the Contractor; or notifies the Contractor, in writing, 90 calendar days prior to expiration of
the initial and/or succeeding Contract term(s).
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53706-1490
CONTRACT NO.: 07-5880
PAGE 4 OF 19
3. FIRM PRICES AND DISCOUNTS:
Pricing for this bid is in two categories. First category is for specific items listed on Itemized Bid List. Second
category is for non-listed, related items from manufacturer's catalog or product list.
3.1
Specific Items Listed on Itemized Bid List:
3.1.1 For specific items prices must remain firm for the initial contract term. Prices established may be
lowered due to general market conditions.
3.1.2 Price increase requests proposed after the initial Contract term must be received by Purchasing in
writing 60 calendar days prior to the beginning of the next contract term for acceptance or rejection.
Proposed price increases are limited to fully documented cost increases submitted with the request. If
Purchasing deems cost increases are not acceptable, it reserves the right to re-bid the Contract in whole
or part. Acceptance of the price increases shall be in the form of an amendment to the Contract
publication.
3.1.3 Price increases must be labeled with the contract number and be submitted in the same format as the
original Itemized Bid List. Any price increase requested that is not submitted in the proper format may
be rejected.
3.2
Non-Listed, Related Items:
3.2.1 The University requests that all non-listed, related items in the manufacturer's catalog or product list be
made available at a single percentage discount from the manufacturer's current price list identified by the
Bidder on the ITEMIZED BID LIST.
3.2.2 Percentage discount for non-listed, related items must remain firm during the initial and each
succeeding Contract term; or may be renegotiated to the advantage of the University.
3.2.3 Three copies of the price list for the non-listed, related items should accompany your bid response.
After award, Contractor must also provide copies to Purchasing and University departments upon
request.
3.2.4 Should price lists change for non-listed, related items during the Contract term, it is the responsibility of
the Contractor to submit a letter, referencing the Contract number, and send three (3) copies of the new
price list or revised portions, to Purchasing, 30 days prior to any price increase becoming effective.
Invoices shall be audited using the most current price list on file in Purchasing on the date order was
placed. An acceptance of the price list change will be in the form of an amendment to the Contract
publication.
3.2.5 Price lists should be labeled with the contract number.
4. F.O.B. DESTINATION, FREIGHT PREPAID AND ALLOWED (vendor responsible for freight costs):
Consumable deliveries will be made by common carrier or bidder's truck, with unloading to be performed by the
carrier/bidder and carton(s) transported to the interior/ground floor or inside dock at 2015 Linden Drive, Madison WI.
Bid prices must include all packing, freight, insurance charges and installation/operation manuals.
If bidding other than F.O.B. Destination, as stated above, F.O.B. point and shipping charges must be identified on the
Itemized Bid List. This cost will be added to the bid total for determining the award.
(CFR/CPT) - DDU Delivered Duty Unpaid. Bidders must include costs from bidders door to port of destination and
local delivery charges. The University will be responsible for all United States duty fees, port of entry documentation
fees, custom clearance, tax, etc., if applicable.
NOTE: Awarded contractor must use the University's contracted customs broker, Scarbrough International Ltd.
(formerly BM&P), at port of entry (Chicago, Illinois or Milwaukee, Wisconsin - to be identified on the purchase order).
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53706-1490
CONTRACT NO.: 07-5880
PAGE 5 OF 19
Custom duty costs and forms (if applicable) will be handled by the University through the University’s contracted
customs broker, Scarbrough International Ltd. (formerly BM&P). (See Method of Award, Custom Duty Costs.)
Failure to bid F.O.B. DESTINATION, FREIGHT PREPAID AND ALLOWED in bid price or discount may disqualify
your bid.
-AND4. F.O.B. DESTINATION FREIGHT PREPAID INCLUDED AND INSTALLED:
Instrumentation System(s) are to be installed at 2015 Linden Drive. F.O.B. DESTINATION FREIGHT PREPAID
INCLUDED AND INSTALLED. Bid prices must include all packing, freight, insurance, set-up, instruction and
operation manual charges. Items must be set in place in an area designated by University personnel, demonstrated
to be in operating condition, and approved by University personnel. All debris must be removed from the University
premises and properly disposed of by the contractor. Upon installation all operating instructions, operating and
maintenance manuals, must be furnished to the University personnel identified on the purchase order.
The contractor is required to maintain insurance in compliance with "Standard Terms and Conditions 22.0
Insurance."
-AND4.
ON SITE SERVICE:
In carrying out the scope of this Contract, the Contractor may be required to perform services on University property.
Bidders cost must include all transportation and insurance charges.
The contractor is required to maintain insurance in compliance with "Standard Terms and Conditions 22.0
Insurance."
5.
CAMPUS DELIVERY REQUIREMENTS:
5.1 Delivery of orders shall be made to University departments five days per week, Monday through Friday, during
normal University business hours.
5.2
The University of Wisconsin-Madison no longer permits access to trucks over 30 ft. in length on several
designated streets on this campus. The exceptions are trucks necessary for the delivery or pick up of
perishable commodities, private construction vehicles, vehicles carrying radioactive materials, and campus
service vehicles.
For specific policy language, a campus map and restrictions, see the University Transportation Services
website at www.fpm.wisc.edu/trans/
6.
TIMELINESS OF DELIVERY:
Delivery is desired as soon as possible after receipt of a purchase order. Please state on the Bidder Response
Sheet when delivery can be made.
The contractor is required to notify the ordering department of any back order, discontinuation of item(s) or other
delays in shipping within 8 hours of receipt of order or release order.
7.
ORDERS:
Specific order(s), Contract blanket order(s), or Purchasing Card orders may be issued to the Contractor(s).
7.1
Specific order(s): issued as one-time orders.
7.2
Contract blanket order(s): issued for a specified period of time, to allow departmental personnel to issue
releases against the Contract blanket order(s) as needed.
7.3
Purchasing Card order(s): issued as one-time order.
7.4
Bidder should identify method by which you will accept orders against this contract (e.g. phone, fax, internet,
etc.).
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53706-1490
CONTRACT NO.: 07-5880
PAGE 6 OF 19
8. INVOICING REQUIREMENTS:
Invoices for Purchase Orders:
8.1 Contractor must agree that all invoices and purchasing card charges shall reflect the prices and discounts
established for the items on this contract for all orders placed by the University even though the contract
number and/or correct prices may not be referenced on each order.
The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt by University
Accounts Payable. Before payment is made, it also must verify that all invoiced charges are correct as per this
Contract. Only properly submitted invoices will be officially processed for payment. Prompt payment requires
that your invoices be clear and complete in conformity with the instructions below. All invoices must be
itemized showing:








Contractor name
remit to address
purchase order number
release number if given
date of order/release
item manufacturer’s name or abbreviation (if applicable)
complete item description including catalog, model and/or stock number(s) identical to those stated in bid
prices per the Contract
The original invoice and two copies must be sent to University Accounts Payable, 750 University Avenue,
Madison, WI 53706-1490.
Invoices for Purchasing Card: Invoices shall contain the same detail as listed in Section 8.1 and mailed to the
billing address given at the time of the order is placed.
9.
ADDITIONAL ITEMS:
Additional manufacturers related products may be added to this Contract at the discretion of Purchasing. Prices
and discounts shall be in line with the Contract prices and discounts for like products currently included in the
Contract.
Contractor should promptly notify Purchasing of new or discontinued items.
10. ELIGIBLE PURCHASERS:
All University of Wisconsin-Madison campus locations must be eligible to purchase from this contract. In addition,
other U.W. System campuses, State of Wisconsin agencies, and Wisconsin municipalities may desire to purchase
from this contract. Bidders are to state on the Bidder Response Sheet whether they will agree to provide items to
these other locations.
A Wisconsin municipality is defined by Wisconsin Statute 16.70(8) to include counties, cities, villages, towns, school
boards, sewage, drainage, vocational, technical and adult education districts, and other bodies with the power to
award public contracts.
This contract must not be construed as mandatory upon any University campus, State agency or municipality. The
University reserves the right to issue a separate bid when deemed in the best interest of the University.
11. SHIPMENTS, DUPLICATES AND OVERSHIPMENTS:
Upon notification by the University of a duplicate or overshipment, item must be removed at the contractor's
expense. If such goods are not removed within 30 days of written notification, the University reserves the right to
dispose of them as its own property and shall not be held liable for the cost.
12. ITEM RETURN POLICY:
Contractor should provide for return of items ordered in error for up to 30 calendar days from receipt with the
University paying only the return shipping costs. Indicate in detail on the Bidder Response Sheet your return policy.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53706-1490
CONTRACT NO.: 07-5880
PAGE 7 OF 19
13. CONTRACT TERMINATION:
This Contract may be terminated by either party for the following conditions:
13.1 After the initial term of the Agreement, the University may terminate the Agreement at any time, without
cause, by providing 30 days written notice to the Contractor. If the Agreement is so terminated, the
University is liable only for payments for product or services provided or performed, to date of the
termination.
13.2 Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the other
party in writing via certified mail of such failure and demand that the same be remedied within 30 calendar
days. Should the defaulting party fail to remedy the same within said period, the other party shall then
have the right to terminate this Contract immediately. Performance failure can be defined as but not
limited to failure to provide any of the conditions of the Specifications or Special Conditions of Bid.
13.3 If at any time the contractor performance threatens the health and/or safety of the University, the
University has the right to cancel and terminate the Contract without notice.
13.4 Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for
Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in
#22 of the University's Standard Terms and Conditions, the University has the right to cancel and
terminate the Contract without notice.
13.5 If at any time a petition in bankruptcy shall be filed against the contractor and such petition is not
dismissed within 90 calendar days, or if a receiver or trustee of contractor's property is appointed and
such appointment is not vacated within 90 calendar days, the University has the right, in addition to any
other rights of whatsoever nature that it may have at law or inequity, to terminate this Contract by giving
10 calendar days notice in writing of such termination.
13.6 All notices of performance failure must be submitted in writing to Purchasing, 750 University Avenue,
Madison, WI 53706-1490. Purchasing shall be final authority for all performance resolutions not
resolved through the ordering department.
14. METHOD OF BID:
Bidder must submit a net unit price and extended net total for each item and a total price by lot as designated.
Prices listed should be in US dollars unless otherwise indicated.
-ANDCustom charges/fees should not be included in the bid price. The University will be responsible for obtaining custom
charges/fees and will determine the customs broker to be used for entry into the United States. Failure to eliminate
these costs from your bid may result in disqualification of your bid.
15. METHOD OF AWARD:
Award shall be made on the basis of the lowest net lot total (Lot 1 and 2), which is judged to be in the best interest
of the University. Prices listed should be in US dollars unless otherwise indicated. Bids that state the University shall
guarantee a specific quantity or dollar amount will be disqualified.
15.1 A demonstration/evaluation of product and instrumentation may be required before contract award. See
Specifications section.
16. MBE PREFERENCE:
Bids meeting mandatory requirements will be reviewed and scored against the stated criteria. Bid from certified
Minority Business Enterprises may have points weighted by a factor of 1.00 to 1.05 to provide up to a five percent
(5%) preference to these businesses.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53706-1490
CONTRACT NO.: 07-5880
PAGE 8 OF 19
17. QUALIFICATIONS:
To be eligible for a Contract award, you must be qualified and able to provide the following as required or your bid will
be disqualified (respond on "Bidder Response Sheet".)
17.1 Purchases made under this contract may require further fair price analysis. Bidders must identify on the
Bidder Response Sheet the type of documentation they will provide (i.e. published price list, list of previous
buyers, etc.) to allow the University to complete this analysis. The awarded contractor will be required to
provide this documentation prior to the order being issued.
17.2 Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer.
17.3 Bidder must designate a person(s) to provide information on: Contract Problems, Contract Renewal/
Cancellation, Invoice Information, Ordering/Expediting, Returns, Minority Business, Affirmative Action and
Sales Representative.
17.4 Bidder must supply upon request a client list of 3 firms to which similar products have been provided during the
past 3 year(s) to a comparable sized institution or company. If contacted, information received from those
clients will be used to determine whether bidder meets QUALIFICATIONS in Section 17.
17.5 Contractor must be able to report on a semi-annual basis all items purchased against this Contract.
17.6 The Contractor shall maintain insurance levels as required in STANDARD TERMS AND CONDITIONS,
SECTION 22.0. A certificate of insurance must be provided upon request and provided on an annual basis.
The Contractor shall have added the “Board of Regents of the University of Wisconsin System, its
officers, employees and agents” as an additional insured under the commercial general, automobile and
Contractor’s liability policies on any insurance certificate provided.
18. SPECIFICATIONS OF ITEMS TO BE PROVIDED: (see additional attachment)
See SPECIFICATIONS and/or ITEMIZED BID LIST for the minimum acceptable specifications for items desired.
Failure to provide product specifications and information for item(s) bid may disqualify your bid. The University will
be the sole judge of equivalent acceptability.
UW Specifications may not be revised without an official written amendment issued by Purchasing.
18.1 Subcontracting:
18.1.1
Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or
otherwise transferred to any other Contractor without prior written approval by Purchasing.
18.1.2
The Contractor shall be directly responsible for any subcontractor's performance and work quality
when used by the Contractor to carry out the scope of the job
18.1.3
Subcontractors must abide by all terms and conditions under this Contract.
18.1.4
If subcontractors are to be used, the Contractor must clearly explain their participation.
18.2 Employee Identification: All contractor’s employees, while working on University property, must wear a
clearly displayed photo identification badge (provided by the Contractor at the Contractor’s cost) showing they
are employees of the contractor. Badges must be available but will not be required to be worn when protective
clothing and respiratory protection is required.
18.3 Contractor must provide designated campus personnel with instructions on set-up and operation of the system
and/or items.
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53706-1490
CONTRACT NO.: 07-5880
PAGE 9 OF 19
19. BID RESPONSE REQUIREMENTS:
In order for your bid to be considered, the following forms/information must be completed and submitted as part of
your bid response. Please send two (2) complete sets of your bid. Failure to provide these forms/information with
your bid submittal may disqualify your bid.
1.
2.
3.
4.
5.
6.
7.
Request for Bid Form
Vendor Note (Section A)
Three copies of price list required in Section 3.
Specifications, descriptive brochure and detail for the item(s) bid (Section 18)
Bidder Response Sheet (including attachments as requested on Bidder Response Sheet) (Section 20)
Itemized Bid List (Section 21)
Minority Business Enterprise (MBE) Awareness, Compliance & Action Plan (Section 22)
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53706-1490
CONTRACT NO.: 07-5880
PAGE 10 OF 19
20. BIDDER RESPONSE SHEET: Note: this form must be returned with your bid response. Numbers identified
correspond to those shown in the SPECIAL CONDITIONS OF BID. Bidder may attach additional relevant
information to their bid response; identify sections to which information applies.
Minority Business Participation:
Bidder understands requirements that if they are awarded the contract, they agree to provide
(when requested) a MBE Participation Semi-Annual Report of all dollars spent with all minority
subcontractors?
YES
NO
____
____
==========================================================================================
Do you have the capability of putting the University’s specific pricing on a WEB site that is
accessible to University Purchasers through a unique logon ID?
____
____
If yes, does your Website provide a means of on-line ordering with our specific
pricing being applied automatically?
____
____
If yes, does your Order System accept Purchasing Cards for payment?
____
____
If yes, does your Order System provide a self service means for the customer to track
their order via Internet?
____
____
3.1.1
FIRM PRICES AND DISCOUNTS
Specific Items: Do you agree to firm prices as stated?
____
____
3.2.1
Non-listed, Related Items: Do you agree to firm discounts as stated?
____
____
3.2.4
Do you agree with process and timeframe identified for accepting price increases?
____
____
4.
Consumables: Are you bidding all prices F.O.B. Destination, Freight Prepaid and Allowed?
(Be sure to read Section 4. carefully)
____
____
Instrumentation: Are you bidding all prices F.O.B. Destination Freight Prepaid Included
and Installed? (Be sure to read Section 4. carefully)
____
____
-AND4.
Are you bidding all prices On Site Service? (Be sure to read Section 4. carefully)
____
____
6.
Can you meet delivery requirement?
____
____
Will you notify ordering department of backorders, discontinuation or delays
as stated?
____
____
-AND4.
7.4
What order method will you accept orders against this contract:
___ Phone
___ Fax
___ Internet
___ Other: ______________________________________________
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53706-1490
CONTRACT NO.: 07-5880
PAGE 11 OF 19
YES
NO
____
____
____
____
____
____
____
____
____
____
If YES, indicate whether other charges will be added and what those
charges would be:
____
____
11.
Do you agree to terms regarding duplicates and overshipments?
____
____
12.
Do you agree with return policy? If not, state your return policy in detail.
_________________________________________________________________________
_________________________________________________________________________
____
____
15.1
Do you agree to a demonstration of the instrumentation and products bid?
____
____
17.1
What type of documentation (i.e. published price list, list of previous buyers, etc.)
have you provided to assist the University in its fair price analysis?
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
____
____
17.2
Are you an original manufacturer, authorized distributor, or dealer authorized
by manufacturer?
____
____
17.3
Bidder must designate a person(s) to provide information on: Contract Problems,
Contract Renewal/Cancellation, Invoice Information, Ordering/Expediting, Returns,
Minority Business, Affirmative Action and Sales Representative.
8.
Will you agree that all invoices will reflect prices established for products on this Contract
for all orders placed by UW-Madison campus even though the Contract number and/or
correct prices may not be referenced on each order?
Will you accept orders placed using a Purchasing Card?
If YES, orders placed using a purchasing card must reflect current contract pricing.
Any fees charged for use of your credit card program is not allowed according to Visa
card rules.
10.
Do you agree to extend the pricing on this contract to other:
University of Wisconsin System campuses?
State of Wisconsin Agencies?
Wisconsin Municipalities?
Contract Problems
Contract Renewal/Cancellation
Invoice Information
Ordering/Expediting
Returns
PHONE NO.
________________
________________
________________
________________
________________
FAX NO.
________________
________________
________________
________________
________________
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53706-1490
CONTRACT NO.: 07-5880
PAGE 12 OF 19
YES
MINORITY BUSINESS
Contact Name: _______________________
PHONE: ____________________________
FAX: _______________________________
E-MAIL:_____________________________
AFFIRMATIVE ACTION
Contact Name: _______________________
Address: ____________________________
__________________________________
__________________________________
PHONE: ____________________________
NO
SALES REPRESENTATIVE Name: ___________________________________________
Phone: ___________________ Fax: __________________
EMAIL: ________________________________________________________
WEBSITE: _____________________________________________________
17.4
Will you provide a client list?
____
____
17.5
Can you report on products purchased on this contract if requested?
____
____
17.6
Will you provide insurance certificate(s) indicating coverage and agree to maintain
coverage as required in 17.6?
____
____
18.1
Do you agree to subcontracting terms and conditions?
____
____
18.2
Will you agree to have all employees wear appropriate identification?
____
____
18.3
Will you provide instructions on set-up and operation as required?
____
____
19.
Have you included two (2) complete sets of your bid?
____
____
Have you completed and returned all forms required?
____
____
The Bidder certifies by submission of the bid that neither it nor its principals is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department
or agency. ___________ (Initial)
I certify that the information I have provided in this bid is true and I understand that any false, misleading or missing
information may disqualify the bid.
__________________________________________
Company Name (print or type)
______________________________________________
Bidder's name & title (print or type)
__________________________________________
Bidder's Signature
______________________________________________
Date
__________________________________________
E-mail address
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53706-1490
CONTRACT NO.: 07-5880
PAGE 13 OF 19
18. SPECIFICATIONS – ADDITIONAL ATTACHMENT
CHLAMYDIA/GONORRHEA TEST KITS AND INSTRUMENTATION
NOTE: In order to evaluate and confirm that the Products/ Instrumentation being bid meets WSLH protocol and
State/Federal regulations, vendor must agree to provide at no cost or obligation to the University:
a)
b)
c)
d)
An instrument for an evaluation period of at least one month
Accessories necessary for operation (i.e. computer, automatic pipettors, etc.)
Reagents, calibrators, controls necessary for evaluation and comparison studies
On-site training provided before start of evaluation period
The following specifications represent minimum acceptable requirements. For any No response, the bidder must provide
an explanation and explain how this difference in specification would affect the performance of the product being bid.
The University shall be the sole judge of acceptability.
MEET
SPECIFICATIONS
I.
GENERAL REQUIREMENTS
YES
NO
1.
Instrument must be able to provide Chlamydia Trachomatis and Neisseria Gonorrhea
testing on the same sample.
___
___
2.
Chlamydia-only test must be available.
___
___
3.
Instrument and assay kits must be FDA cleared.
___
___
4.
The method of analysis must be nucleic acid amplification (NAA).
___
___
5.
Calibrators, kits and controls must be stable for a minimum of 3 months.
___
___
6.
Required throughput of the instrument(s) must be at least 400 Chlamydia and
200 Gonorrhea tests or 200 combinations of tests (200 CT-GC and 200 CT only tests)
in an 8-hour shift using no more than 2 instruments.
___
___
___
___
Number of specimen throughput in an 8-hour shift per instrument: _________________
7.
Instrument must have interface capabilities.
Interface type: ____________________
8.
Is there a method to detect amplification inhibition?
If yes, is it required with all specimens?
YES / NO
YES / NO
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53706-1490
9.
CONTRACT NO.: 07-5880
PAGE 14 OF 19
MEET
SPECIFICATIONS
YES
NO
Assay and instrumentation must be FDA cleared for use with cervical swabs, male
___
___
urethral swabs and urine from males and females for both Chlamydia and Gonorrhea tests.
Please list all other anatomical sites, specimen types and appropriate gender cleared for
testing by the FDA.
Indicate below what is available from your company.
Site
Cervical
Urethral
Urine
Urine
_________________
_________________
_________________
_________________
_________________
_________________
SpecType
Swab
Swab
_____________
_____________
_____________
_____________
_____________
_____________
Gender
F
M
F
M
F/M
F/M
F/M
F/M
F/M
F/M
Chlamydia
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
Y/N
GC
Y/N
II.
1.
INSTRUMENTATION REQUIREMENTS
Vendor must provide all instrumentation, software, accessories and on-going support,
and maintenance/repair necessary to perform clinical assay and manage data sufficient
for volume indicated on Itemized Bid List.
2.
___
___
Contractor must include at least two (2) training slots for each piece of instrumentation.
___
___
3.
Instrument(s) provided must interface with an existing EPIC Laboratory Information
Management System (LIMS).
___
___
4.
Used or demonstrator equipment must be less than 10 years old and had been used in a ___
laboratory setting. Upon request vendor must be able to provide a record of all preventive
maintenance, repairs and upgrades that have been done to the instrument(s).
The laboratory user will determine the acceptability of the instrument(s).
___
5.
During the contract period any alternative or replacement instrumentation offered if used ___
or a demonstrator must meet the #4 requirements.
___
6.
Must provide 24 hour, Monday through Friday, excluding holidays trouble-shooting
consultation.
___
___
7.
On-site service must be performed within 24 hours of reporting the problem
___
___
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53706-1490
CONTRACT NO.: 07-5880
PAGE 15 OF 19
MEET
SPECIFICATIONS
YES
NO
II.
ACCEPTANCE TESTING OF INSTRUMENT AND TEST PRODUCTS:
Acceptance testing will occur after the Contractor states the Instrument is installed and
___
ready to perform in compliance with specifications. Acceptance of product and instrument
is contingent on demonstration of equivalent or superior performance in WSLH laboratory.
Performance characteristics to be considered include clinical and analytical sensitivity and
specificity, and positive/ negative predictive values as compared to the method currently in use.
If the system does not meet standard performance expectations, Contractor will have
30 days to meet standards or remove the System from the department. If the System is
brought into compliance within 30 days, department will have another full 30 days testing
period. If the System still does not perform to specifications, Contractor agrees to remove
the system and return all payments that have been made.
___
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53706-1490
CONTRACT NO.: 07-5880
PAGE 16 OF 19
21. ITEMIZED BID LIST
CHLAMYDIA/GONORRHEA TEST KITS WITH INSTRUMENTATION
NOTE: The “Number of Patient Results” per year of 60,000 patient results is based on historical information. Actual
usage may vary due to departmental workload. For bid comparison purposes the below quantities are being used.
LOT 1 - TEST 1
Combination of Chlamydia Trachomatis & Neisseria Gonorrhea Test
Price must include kit, collection devices, diluents, calibrators & controls, and testing accessories.
ITEM ESTIMATED
DESCRIPTION
PATIENT
#
NUMBER OF
RESULT
PATIENT
UNIT PRICE
RESULTS
$__________
1.
20,000 results
Combination of Chlamydia Trachomatis & Neisseria
Gonorrhea Kit using Swabs
$__________
2.
10,000 results
TOTAL PRICE
$__________
$__________
Combination of Chlamydia Trachomatis & Neisseria
Gonorrhea Kit using Urine Specimens
LOT 1 TOTAL (Items 1 and 2)
$________________
LOT 2 - TEST 2
Chlamydia Trachomatis Only
Price must include kit, collection devices, diluents, calibrators & controls, and testing accessories.
ITEM ESTIMATED
DESCRIPTION
PATIENT
#
NUMBER OF
RESULT
PATIENT
UNIT PRICE
RESULTS
$__________
3.
25,000 results
Chlamydia Trachomatis Only Kit using Swabs
$__________
4.
5,000 results
TOTAL PRICE
$__________
$__________
Chlamydia Trachomatis Only Kit using Urine
Specimens
LOT 2 TOTAL (Items 3 and 4)
GRAND TOTAL (LOT 1 & 2)
$________________
$_______________
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53706-1490
CONTRACT NO.: 07-5880
PAGE 17 OF 19
Individual Components
List individual components/supplies needed to perform patient results (kits, collection devices, diluents, calibrators &
controls, and testing accessories)
ITEM CATALOG
DESCRIPTION
PACKAGING
UNIT PRICE
#
NUMBER
PER PKG
1.
Combination of Chlamydia Trachomatis & Neisseria
$__________
Gonorrhea Kit
2.
Chlamydia Trachomatis Only Kit
$__________
3.
$__________
4.
$__________
5.
$__________
6.
$__________
7.
$__________
8.
$__________
9.
$__________
10.
$__________
11.
$__________
12.
$__________
13.
$__________
14.
$__________
15.
$__________
16.
$__________
17.
$__________
18.
$__________
19.
$__________
20.
$__________
All other products and supplies needed at _______% off current list price
INSTRUMENTATION SYSTEM
Please list the instrumentation, software and accessories you will provide to do the test procedures listed
above. State the manufacture and model of the instrument and whether the instrument is new or used. Please
provide literature describing your instrument and products and specify all utility requirements for installation
and operation.


 Bench top – Dimension of Instrument ______________
 Floor Model – Dimension of Instrument______________

 New
[
 Used/Refurbished
[
 Demonstrator
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53706-1490
CONTRACT NO.: 07-5880
PAGE 18 OF 19
22.
MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM AWARENESS, COMPLIANCE & ACTION PLAN
CONTRACT NUMBER:
07-5880
DATE
As a matter of sound business practice, the University of Wisconsin-Madison is committed to supply diversity by
promoting the use of minority business whenever and wherever possible. Further, as an agency of the State of
Wisconsin, the University of Wisconsin-Madison shares in the state goal of placing five (5) percent of its total purchasing
dollars with certified minority businesses.
The State of Wisconsin policy provides that minority owned business enterprises (MBE) certified by the Wisconsin
Department of Commerce; Bureau of Minority Development should have the maximum opportunity to participate in the
performance of its contracts. You as a supplier, are 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 5% of the contract price to such enterprises.
Your complete response on this attachment, will address the following components; a) an indication that you
understand the University’s goal, b) a listing of any vendors with which you intend to subcontract, c) a description
of the various second tier MBE expenses you will be able to report to us that are in direct connection with the
administration of this contract, and d) a statement expressing your commitment to complete the required semi annual
reports that will reflect your subcontract and second tier expenditures for the period.
A listing of certified minority businesses, as well as the services and commodities they provide, is available on the web
at: http://www.doa.state.wi.us/deo/mbe/minority_search.asp or you can contact E. Aggo Akyea, Department of
Commerce, Office of Minority Business Development, 608/267-8379, aakyea@commerce.state.wi.us.
Information regarding certification of minority businesses is available at: http://commerce.wi.gov/BD/BD-FAX-0910.html
or you can direct further questions to Godwin Amegashie, Director, DOA Minority Business Program at 608/267-7806,
godwin.amegashie@doa.state.wi.us.
Authority for this program is found in Wisconsin Statutes 15.107(2), 16.75(4), and 16.755 and 560.036(2), and details
about the program can be found at: www.doa.state.wi.us/pagesubtext_detail.asp?linksubcatid=36
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53706-1490
CONTRACT NO.: 07-5880
PAGE 19 OF 19
Complete and sign the following form:
Failure to complete this form as a component of your proposal may result in rejection of your proposal.
1. Our company is a Wisconsin certified MBE.
_____ Yes
_____No
2. Our company is a minority business but has not yet received Wisconsin certification
(please provide details).
_____ Yes
_____No
3. We are aware of the University’s goal to spend 5% of their total purchasing dollars
with certified MBE firms.
_____ Yes
_____No
4. We are aware that if awarded this contract our company will receive semi annual
requests from the University report all expenditure activity directed to sub-contracted
vendors or second tier suppliers/providers that directly relate to this contract.
_____ Yes
_____No
5. Our company intends to subcontract the indicated dollar volume with the MBE firms listed below:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
In addition to direct subcontracting efforts, your company can help the University achieve the 5% goal by managing
your second tier minority purchases. Second tier business refers to incidental business expenses your company may
spend with MBE firms as it pursues the normal course of business supplying the University products or services. Here
are some examples:
 You may report a percentage of your inbound freight conducted with an MBE firm.
 You may report a percentage of the cleaning expenses for your facility.
 If you travel to maintain your business with us, you could use a MBE travel agency and report that
expense.
These expenses can only be reported to the extent that they relate to your business with the University. The
percentage of the expense you can report is determined by the amount of your University sales as it relates to your
total sales volume.
Per the terms of your contract you should actively pursue directing business towards these types of companies, and
report your efforts in this regard on a semi annual basis.
6. In paragraph form please describe your company’s action plan with regard to the planned use of MBE businesses in
subcontracting efforts, as well as developing second tier MBE providers. Please incorporate your specific
commitments.
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
SIGNATURE: ________________________________________________ DATE: ______________________________
PRINTED NAME & TITLE: __________________________________ COMPANY: ______________________________
MINORITY BUSINESS CONTACT NAME: _______________________________________________
PHONE: ________________________________
FAX: _______________________________
E-MAIL: __________________________________________________________________________
UNIVERSITY OF WISCONSIN - MADISON
STANDARD TERMS AND CONDITIONS
FOR REQUESTS FOR BIDS/PROPOSALS
1.0
SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and
model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or
performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number,
and such other information necessary to establish equivalency. The UW-Madison shall be the sole judge of
equivalency. Bidders/proposers are cautioned to avoid bidding alternates 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. Each deviation and
exception must be identified by the section, page and paragraph to which it applies. In the absence of such statement,
the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the
bidder/proposer 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 University .
4.0
QUANTITIES: The quantities shown on this request are based on estimated needs. The University reserves the right
to increase or decrease quantities to meet actual needs.
5.0
PRICING AND DISCOUNT: The University qualifies for governmental discounts and its educational institutions also
qualify for educational discounts. Unit prices shall reflect these discounts.
5.1
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.
5.2
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 University 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.
5.3
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).
6.0
UNFAIR SALES ACT: Prices quoted to the University are not governed by the Wisconsin Unfair Sales Act.
7.0
ACCEPTANCE-REJECTION: The University 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
interest of the State of Wisconsin.
8.0
ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the Contractor by University
. No other purchase orders are authorized.
9.0
PAYMENT TERMS AND INVOICING: The University 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.
9.1
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. Invoice
payment processing address is shown on the upper left corner of the purchase order. Send invoices to the
Accounts Payable address on the purchase order. Do not send invoices to the ship to address.
9.2
Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty (30) days after
receipt of a properly completed invoice, unless the vendor is notified in writing by the agency of a dispute before
payment is due.
9.3
Bidders/proposers shall include discounts for early payment (See 5.3) as a percent reduction of invoice. Invoice
discounts shall be determined, where applicable, from the date of acceptance of goods and/or the receipt of
invoice, whichever is later. Discounts for early payment terms stated on the bid/proposal must be shown plainly
on the invoice; discounts for early payment not shown on the invoice will be taken.
9.4
Invoices submitted not in accordance with these instructions will be removed from the payment process and
returned within ten (10) days.
9.5
Payment terms and invoicing for procurement card will be made in accordance with the procurement card
contact.
10.0 TAXES: The University , an agency of the State of Wisconsin, is exempt from payment of all federal tax and Wisconsin
state and local taxes on its purchases except Wisconsin excise taxes as described below. The Department of
Revenue of the State of Wisconsin does not issue a tax exempt number; however, University is exempt from State of
Wisconsin sales or use tax under s.77.54(9a)(a). Registration No. 39-73-1021-K, was issued by the Internal Revenue
Service to authorize tax-free transactions under Chapter 32 of the Internal Revenue Code.
10.1 The University , an agency of the State of Wisconsin, 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 University 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.
11.0 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.
12.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a
result of this request except where special requirements are stated elsewhere in the request; in such cases, the
special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments
shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or
acknowledgment shall be effective or binding unless expressly agreed to in writing by the University .
13.0 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 University reserves the
right to cancel any contract with a federally debarred Contractor or a Contractor that is presently identified on the list of
parties excluded from federal procurement and non-procurement contracts.
14.0 ANTITRUST ASSIGNMENT: The Contractor and the University recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the Contractor
hereby assigns to the University any and all claims for such overcharges as to goods, materials or services purchased
in connection with this contract.
15.0 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 University .
16.0 DISPUTES: Disputes should be addressed to the University Purchasing Office, Director of Purchasing Services, 750
University Avenue, Madison, WI 53706-1490.
17.0 NONDISCRIMINATION/ AFFIRMATIVE ACTION:
17.1 In connection with the performance of work under this contract, the Contractor agrees not to discriminate against
any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical condition,
developmental disability as defined in s.51.01(5), Wisconsin Statutes, 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.
17.2 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) employes. 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.
17.3 The Contractor agrees to post in conspicuous places, available for employes and applicants for employment, a
notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin
nondiscrimination law.
17.4 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.
17.5 To the extent required by law, 41 CFR 60-1.4(a) and (b) are incorporated by reference in these Standard Terms
and Conditions. Additionally, the Contractor certifies compliance with 41 CFR 60-1.8 and does not and will not
maintain any facilities provided for employees in a segregated manner. The Contractor further agrees to obtain
identical certifications from any subcontractors prior to the award of a subcontract exceeding $25,000 which is
not exempt and will retain such certification for audit purposes.
18.0 PATENT INFRINGEMENT: The Contractor selling to the University 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 University (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.
19.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the University must comply fully with
all safety requirements as set forth by the Wisconsin Administrative Code, Rules of the Industrial Commission on
Safety, and all applicable OSHA Standards.
20.0 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 to UW Safety Department, 30 N. Murray Street, Madison WI 53715-2609.
21.0 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.
22.0 INSURANCE RESPONSIBILITY: The Contractor performing services to the University shall:
22.1 Maintain worker's compensation insurance as required by Wisconsin Statutes for all employees engaged in the
work.
22.2 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.
22.3 The state reserves the right to require higher or lower limits where warranted.
22.4 Upon request by the University, the Contractor is required to provide a Certificate of Insurance with a minimum
60 day cancellation notice, from an insurance company licensed to do business in the State of Wisconsin, with a
minimum AM Best rating of A-, and signed by an authorized agent.
23.0 CANCELLATION: The University 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.
24.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments
offset by the State of Wisconsin.
25.0 OMNIBUS RECONCILIATION ACT: (Public Law 96-499) To the extent required by law, if this contract is for
acquisition of services with a cost or value of $25,000 or more within any 12-month period, including contracts for both
goods and services in which the services component is worth $25,000 or more within any 12-month period, the
Contractor shall in accordance with 42 C.F.R., Part 420, Section 1861 of the Omnibus Reconciliation Act of 1980 (P.L.
96499) and permit the comptroller general of the United States, the United States Department of Health and Human
Services, and their duly authorized representatives, access to the Contractor's books, documents and records until the
expiration date of four (4) years after the approval of procurement activities.
26.0 PUBLIC RECORDS ACCESS: It is the intention of University 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 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.
28.0 DISCLOSURE: If a state public official (s. 19.42, Wisconsin Statutes), 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 E. Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone
608-266-8123). State classified and former employes and certain University faculty/staff are subject to separate
disclosure requirements, s. 16.417, Wis. Stats.
29.0 ANTI-KICKBACK ACT of 1986: (41 USC 51 et. seq): To the extent required by law, the officer or employe
responsible for submitting this bid shall certify, in accordance with 48 CFR 52.203-7, to the best of their knowledge,
that they have no information concerning the violation of the Anti- Kickback Act in connection with the submitted
bid/proposal. Signing the bid/proposal with a false statement shall void the submitted bid/proposal and any resulting
contract(s).
30.0 RECYCLED MATERIALS: The University is required to purchase products incorporating recycled materials whenever
technically or economically feasible. Bidders/proposers are encouraged to bid/propose products with recycled content
which meet specifications.
31.0 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.
32.0 PROMOTIONAL ADVERTISING/NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its
departments, agencies (University) 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 University.
Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the
contracting agency.
33.0 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wisconsin Statutes, 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.
34.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which
becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats., relating
to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of Financial
Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the
requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of
authority should contact the Department of Financial Institutions, Division of Corporation, P.O. Box 7846, Madison, WI
53707-7846; telephone (608) 261-7577.
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