PRINTING BID REQUEST – UNIVERSITY OF WISCONSIN-STOUT
DATE: 4/11/11 BID REQ. # 110873-BT DUE DATE: 4/28/11 2:00PM
THIS IS NOT AN ORDER
Bids are accepted based on Standard Terms and Conditions for State of Return to:
Wisconsin Printing, October, 2005 and the specifications. Signing and
Brent Tilton, Director of Procurement
submitting this form indicates awareness and acceptance of those provisions.
& Materials Management
University of Wisconsin-Stout
140 University Services Building
Menomonie, WI 54751
ATTN: PHONE: 715/232-2346
Description: University of Wisconsin-Stout Campus Informational Directory
Size: 8-3/8” x 10-7/8”
Number of Pages: Approximately 224 pages. (See Payment Schedule for *increase/decrease signature* notation)
Adobe Indesign file on CD ROM furnished by UW-Stout or sent to FTP site.
Quantity: 4500 copies delivered to UW-Stout. This figure does not include “proof of publication” copies sent by the
Publisher to the advertisers.
Binding: Perfect binding
Ink: Outside cover 4 color process and overall gloss varnish. Inside cover: black only.
Stock: Cover 010 caliper C1S, white. Text: white newsprint. Newsprint to have recycled content of at least 50%.
Publisher may use a colored stock for advertising sections.
Copy: UW-Stout will provide the vendor with CD-Rom (or send to FTP site) containing 224 text pages, and a Adobe
Illustrator document for outside cover. Film negatives are to be produced by the vendor. The selling of all
advertising, writing of all ad copy and development of all ad art is the responsibility of the Publisher.
Proof: Laminated proof of cover produced by the vendor. No proofs required for text pages.
The Publisher can expect to receive copy on the following schedule:
On or about: June 15, of contract year – Electronic document: outside front cover
On or about: September, of contract year – Camera copy for 224 text pages
Delivery/Production Time: The Publisher will deliver directories to the University within 20 working days after
receipt of final copy. (See XI. Penalty clause covering late delivery penalty).
Delivery: On pallets shrink wrapped in bundles of 20 and brick stacked on pallets to 2 different locations. Memorial
Student Center and University Services Building.
Terms: This contract is for (1) year with two (2) one year extensions optional, and is limited to the production of
the University of Wisconsin-Stout Campus Informational Directory. During the term of this agreement, the Publisher
shall have exclusive right to publish the University of Wisconsin-Stout Campus Informational Directory, exclusive right
to sell advertising for the directory and exclusive right to advertising revenue to cover costs of production, margin of
profit and amount of profit sharing with the University.
This clause does not restrict the University of Wisconsin-Stout from publishing an interim or supplement directory for
use while the general directory is in production. Interim directories may contain services office information, an
abbreviated faculty/staff listing, and other items as needed by the university community. The interim directory will
have no paid advertising.
Advertising: In selling advertising, the Publisher will first offer to sell advertising space to Menomonie Advertisers
before offering sale of space to advertisers outside of Menomonie.
The University has the right to review and reject advertising which the University feels is not in the best interests of
the University. Ads which will be rejected automatically are:
a. Competing post-secondary educational institutions.
b. Research services: firms selling term papers and examinations.
c. “Head Shops” and establishments selling paraphernalia for the consumption of illegal drugs.
d. Marijuana plant sellers
e. Alcoholic beverages: Manufacturers and distributors of alcoholic beverages (please see conditional
approval list for restaurants holding liquor licenses).
1. Establishments featuring exotic/nude dancers.
2. Bookstores specializing in pornographic magazines and other materials.
3. Sexual aid productions.
4. Sex therapy products.
5. Pornography magazines, defined as those featuring nudity and/or sexual acts.
6. Adult entertainment establishments specializing in pornographic video and printed
materials or live shows.
7. Massage parlors (we have no way to separate legitimate massage parlors from
those which are not).
Ads which will generally be considered acceptable include:
a. Restaurants with liquor licenses when the major emphasis is on the food service.
b. Ads involving political groups and/or candidates if they are sponsored by a University recognized
c. Copy, printing and photocopying services: advertising is restricted to those services which do not
involve application of the “Fair Use” doctrine.
Awarding of Contract: This contract will be awarded as soon as possible after the closing date. The contract will
be awarded based upon the dollar amount of profit returned to the University, quality of samples supplied and
agreement/fulfillment of contract terms.
Payment will include 4,500 total University of Wisconsin-Stout Campus Informational Directories and an
annual cash guarantee to the University of:
1st year guarantee: $
Optional 2 year: $
Optional 3 year: $
Total 3 year cash guarantee if both 1 year options are renewed after the 1 year contract: $
* Increase/Decrease Signature: Based on 224 pages each 4-page signature increase or decrease would
change payment by: +/- $______ respectively
Cash guarantee payment is due 45 days after delivery of the directories to the University.
Bidding Company: FEIN:
Address: City, State, Zip:
Contact/Phone: Mfg. Co. (if different):
Authorized Representative Signature:
In signing this bid, you certify that you 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 approved 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.
Campus Informational Directory
SPECIAL CONDITIONS OF BID
CONFLICT OF INTEREST
By submitting a bid, the bid submitter certifies that no relationship exists between the bid submitter and
the University that interferes with fair competition or is a conflict of interest, and no relationship exists
between such bid submitter and another person or firm that constitutes a conflict of interest that is
adverse to the University.
METHOD OF AWARD
A Contract shall be awarded to the bid submitter who, in the sole judgment of the University, meets all
RFB (Request For Bids) requirements and provides the highest total payment amount to the University.
The University will review submitted samples, narratives and references. Only those bidders submitting
acceptable samples, narrative and references will be considered.
The award shall be made on the basis of the highest payment and submitted samples which are judged
to be in the best interest of the University of Wisconsin-Stout.
PROPOSED CONTRACT FOR STUDENT AND STAFF DIRECTORIES:
I. PARTIES TO THE CONTRACT
This agreement, hereinafter referred to as “the Contract”, shall be between the University of
Wisconsin-Stout, hereinafter referred to as the “University” and the successful bid submitter
hereinafter referred to as the “Provider and/or Contractor” for the provision of Campus
Informational Directories, according to the terms set forth in this Contract.
II. APPLICABLE LAW
This Contract shall be governed and interpreted under the laws of the State of Wisconsin. The
Contractor shall at all times comply with and observe all federal and local laws, ordinances, and
regulations in affect during the period of this contract which affect the work or its conduct.
III. TERM OF CONTRACT
It is the intent of the University to start the resulting contract on or about May 1, 2011 for one
(1) year with the option to renew for two additional one-year periods, on or about May 1 each
year. The effective date will be confirmed in writing by the Contract Administrator.
If a public official as defined in Section 19.42 Wisconsin Statutes, or an organization in which a
State public official holds at least 10% interest, is a party to this bid, the Contract is voidable by
the University unless appropriate written disclosure is made to the State of Wisconsin Ethics
Board, 125 South Webster St., MADISON, WI 53703.
V. EXECUTED CONTRACT TO CONSTITUTE ENTIRE AGREEMENT
Contents of RFB, including all attachments and addenda, and the bid response of the successful
plan submitter, shall become part of the Contract.
VI. NEWS RELEASES
News releases pertaining to this Contract or any part of RFB shall not be made without the prior
written approval of the University.
VII. HOLD HARMLESS
The Board of Regents of the University of Wisconsin System agrees to provide liability protection
for its officers, employees and agents while acting within the scope of their employment.
The Board of Regents further agrees to hold harmless its officers, agents and employees from
any and every kind of description (including death), or damages to persons or property arising
out of or in connection with or occurring during the course of this agreement where such liability
is founded upon or grows out of the acts or omissions of any of the officers. Employees or agents
of the University of Wisconsin system while acting within the scope of their employment where
protection is afforded by ss. 893.82 and 895.46(1), Wis. Statutes.
VIII. CONTRACT CANCELLATION
The Contract may be terminated by either party on the anniversary of the effective date in any
subsequent year of the Contract by providing the other party with written notice at least 90 days
prior to such anniversary date.
In the event that either party fail to perform under the material terms of this contract or to
maintain or keep in force any of the material and conditions 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 10 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 by giving the
other party 60 days written notice. In addition, if at any time a petition in bankruptcy shall be
filed against the Contractor and such petition is not dismissed within 90 days, the University shall
have the right, in addition to any other rights of whatsoever nature that it may have at law or in
equity, to terminate this Contract by giving 30 days notice in writing of such termination.
IX. GENERAL CONDITIONS
A. SERVICE REQUIREMENTS
1. The Contractor shall provide the Campus Information Directory.
2. Contractor agrees that items relative to the Campus Informational Directory not
covered herein may be added by the University to this Contract without voiding
provisions of the existing Contract.
Additional services shall be furnished to the University by the Contractor with
additional consideration as needed to make it legally enforceable. The University
intends to acquire the Campus Informational Directory exclusively from the
3. After the initial one year contract term, the parties may upon mutual agreement
adjust the specific terms or payments of this contract. All adjustments shall be
proposed in writing to the Contract Administrator. All required Contract
amendments shall be issued by the Purchasing Office.
4. Contractor shall be financially responsible for obtaining all required permits
(including parking), licenses, and bonds to comply with pertinent Board of
Regents, University of Wisconsin System regulations, and municipal, county,
state and federal laws, and shall assume liability for all applicable taxes including
but not restricted to sales and property.
5. Contractor shall furnish all supplies, equipment, management and labor
necessary for the efficient operation of producing informational directories
included in this Contract.
B. FISCAL REQUIREMENTS
1. Accounting Contractor shall maintain complete and accurate records of all
transactions in accordance with accepted industry accounting practices and keep
in a safe place all such financial records and statements pertaining to the
operation of this institution for a period of five years from the close of each
The Contractor shall make available such records for inspection by the University.
2. Payments. Condition shall remain unchanged during the entire extension period
unless adjustments are requested by the Contractor or the University, and
approved in writing by the University. Cash guaranteed payments are due 45
days after delivery of the directories to the University. Payments not received by
the University within 45 days shall be paid by the Contractor plus a minimum
interest penalty on the payment due at the prevailing interest percentage and
conditions the State of Wisconsin uses for delinquent income tax.
3. Audit. All records pertaining to directory and production sales operations shall be
open for inspection and/or audit by the State of Wisconsin and/or the University
at any reasonable time. The Contractor shall advise the Contract Administrator
and University’s internal audit of the Contractor’s schedule of records and
operations at the University. The University shall have the option to participate
in the Contractor audits and may request a full report of these audits.
X. CONTRACTOR OBLIGATIONS
As part of publishing the directory, the contractor shall:
1. Agree to use all furnished materials (camera ready copy, photographs, magnetic tapes,
etc.) for the sole purpose of publishing the University directories and will not disclose
these materials or this information to any other business or individual for any other use.
2. Recruit, train, supervise, and compensate salespeople for the sale of advertising in the
directory. The successful contractor shall provide a list of all employees selling
3. Set rates for advertising and handle all correspondence with advertisers and be solely
responsible for all collection policies and any disputes with advertisers which may arise
due to any error on the part of the Publisher.
4. Compose all yellow pages, insert pages, cover ads, and other advertising.
5. Be responsible for all negotiation with printers, binders, and transporters.
Pay all costs involved in publishing and delivering the directories to a mutually agreed
upon receiving area(s) in Menomonie, Wisconsin. Shipping F.O.B. Destination Loading
Dock, UW-Stout, 1110 S Broadway and 817 South Broadway, Menomonie, WI
6. Furnish the University for approval a listing of all advertisers before the directories are
printed. The University reserves the right to reject any ads that violate University
guidelines for advertising on campus and will notify the contractor in writing of such
rejections within seven (7) days after receipt of the listing.
7. Furnish each advertiser one copy of each directory. Copies furnished to advertisers shall
not constitute any portion of the copies to be furnished to the University.
XI. PENALTY CLAUSE
Contractor will increase payment to the university by 1% per day of the contracted income for
each day beyond 20 working days after receipt of final copy.
1. SEPARABILITY. If any provision of this Contract shall be, or shall be adjudged to be,
unlawful or contrary to public policy, then that provision shall be deemed null and separable
from the remaining provision, and shall in no way affect the validity of this contract.
2. WAIVER. A waiver by either party of any terms or conditions, provisions, or covenants of this
Contract in any instance shall not be deemed or construed to be a waiver of any such term,
condition, provision, or covenant for the future, or of any subsequent breach of same. All
remedies, rights, undertakings, obligations, and agreements contained in this Contract shall
be cumulative and shall not be in limitation of any other right, remedy, undertaking,
obligation, agreement of either party.
3. AMENDMENTS. This Contract may be modified or amended in writing signed by authorized
signatories of the Contractor and University.
4. ADVERSE INTERESTS. During the term of this Contract and any renewals, the Contractor will
not provide services nor enter into any agreement to provide services to a person or
organization that has interests that are adverse to the University.
If the University believes that the Contractor is violating this paragraph, the University will
notify the Contractor in writing by certified mail. The University and the Contractor will meet
and discuss the alleged violation within 30 days of such notice and, in good faith, seek a
mutually acceptable resolution.
5. ASSIGNMENT. Contractor shall not assign or subcontract any of its rights or obligations
under this Contract in whole or in part without prior written consent of the University. Any
attempted assignment of subcontracting without consent shall be void and of no effect.
1. The Contract Administrator for the University is:
Brent Tilton, Director of Procurement & Materials Management
University of Wisconsin-Stout
140 University Services Building
817 S. Broadway
Menomonie, WI 54751
2. The Contract Administrator for the University is authorized to give the approvals required
under this Contract on behalf of the University.
3. Day to day operations will be handled by the Marketing and Design Manager:
XIV. EXECUTED CONTRACT SIGNATURE PAGE
IN WITNESSES WHEREOF, the parties here to have caused this contract to be executed by
the duly authorized representatives.
University of Wisconsin-Stout
CONTRACT NO. 110873-BT
DATE: Xxxxxx xx, 2011
SERVICE: University of Wisconsin-Stout Campus Informational Directory
CONTRACT PERIOD: March 28, 2011 for publication of September 2011 Directory
March 28, 2012 for publication of September 2012 Directory
March 28, 2013 for publication of September 2013 Directory
REFERENCES: Attach specifications and vendor’s response to our Request for Bid
COMMISION AND 1st year:
GUARANTEE: 2nd year:
COMMISION AND Cash guarantee payments is due 45 days after delivery of the
PAYMENTS: directories to the University.
TERMINATION DATE: After delivery of September 2013 Directory
DISTRIBUTION: Karen Lund
FOR FURTHER INFORMATION CONTACT:
Brent Tilton, director of Procurement & Materials Management
University of Wisconsin-Stout
817 S. Broadway
Menomonie, WI 54751