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UW Green Bay i of 40 07/26/2012 RFP GB 6175 UNIVERSITY OF WISCONSIN Green Bay A REQUEST FOR PROPOSAL (RFP) FOR ELECTRONIC CARD ACCESS SYSTEM ISSUED BY UNIVERSITY OF WISCONSIN-Green Bay Date: 02/13/2007 REQUEST FOR PROPOSAL NUMBER: GB6175 Mandatory Vendor Meeting: 10 a.m. February 26, 2007 PROPOSAL DUE DATE: 2:00 p.m. (CDT), March 9, 2007 THERE WILL BE NO PUBLIC OPENING SUBMIT PROPOSALS IN ACCORDANCE WITH SECTION A., 3.1 THROUGH 3.14 OF THIS RFP UNSIGNED and/or LATE PROPOSALS WILL BE REJECTED UW Green Bay ii of 40 07/26/2012 RFP GB 6175 SECTION CONTENT PAGE A. PROPOSAL RESPONSE REQUIREMENTS 1 1.0 GENERAL INFORMATION 1 1.1 Introduction 1 1.2 Scope of Project 1 1.3 Definitions 2 1.4 Calendar of Events 3 1.5 Inspection of Premises 3 1.6 Procuring and Contracting Agency 3 1.7 Clarification and/or Revisions to the Specifications And Requirements 3 1.8 Mandatory Vendor Conference 4 1.9 Reasonable Accommodations 4 1.10 Contract Term 4 1.11 VendorNet Registration 4 2.0 PROPOSAL 5 3.0 PREPARING AND SUBMITTING A PROPOSAL 5 3.1 Proposed Contract 5 3.2 Proprietary Information 5 3.3 Proposal Response Submission Requirement 6 3.4 Proposal Organization and Format 6 3.5 Proposal Response Submission Deadline 6 3.6 Certification of Independent Offer Determination 6 3.7 Proposal Signatory Authority 7 3.8 Conflict of Interest 7 3.9 Proposal Costs 7 3.10 Multiple Proposals 7 3.11 Withdrawal of Proposals 7 3.12 Oral Presentations, Interviews & Site Visits 8 4.0 PROPOSAL ACCEPTANCES, EVALUATION and AWARD 9 4.1 Preliminary Evaluation 9 4.2 Right to Reject Proposals and Negotiate Contract Terms 9 4.3 Proposal Scoring 9 4.4 Evaluation Criteria 9 UW Green Bay iii of 40 07/26/2012 RFP GB 6175 SECTION CONTENT PAGE 4.5 Award, Best and Final Offers 10 4.6 Notification of Intent to Award 10 4.7 Appeals Process 10 4.8 Executed Contract to Constitute Entire Agreement 11 5.0 General Requirements 11 6.0 Technical Requirements 13 7.0 Cost Proposal 18 8.0 Special Terms and Conditions 18 8.1 Parties to the Contract 18 8.2. Applicable Law 18 8.3 Term of Contract 18 8.4 Excused Performance 19 8.5 Disclosure 19 8.6 Prime Contractor & Minority Business Subcontractors 19 8.7 Incorporation of Documents 20 8.8. News Releases 20 8.9. Insurance Requirements 20 8.10 Performance Bond or Irrevocable Letter of Credit 21 8.11 Promotional Materials 22 8.12 Hold Harmless 22 8.13 Nondiscrimination & Affirmative Action 23 8.14 Safety Requirements 23 8.15 General Conditions 23 8.16 Contract Cancellation 24 8.17 Contract Administration 25 8.18. Miscellaneous 25 8.19 Counterparts 26 8.20 Standard Terms and Conditions 26 8.21 Executed Contract Signature Page 26 UW Green Bay 1 of 40 07/26/2012 RFP GB 6175 SECTION CONTENT PAGE ATTACHMENTS 1. Vendor Information 27 2. Vendor Reference 28 3. Credit Line Reference 29 4. Bidder Information 30 5. Designation of Confidential & Proprietary Info. 31 APPENDIX 1. Standard Terms and Conditions (DOA-3054) 32 2. Supplemental Standard Terms and Conditions for Procurements for Services 36 UW Green Bay 1 of 40 07/26/2012 RFP GB 6175 PROPOSAL RESPONSE REQUIREMENTS 1.0 GENERAL INFORMATION 1.1 INTRODUCTION The University of Wisconsin Green Bay is requesting bids for an integrated online and offline campus-wide Electronic Card Access System, including automated interfaces with RMS (Residential Management System), Blackboard, and PeopleSoft. In addition to new installations, this system will replace existing Simplex I- Secure & Continuum and Blackboard electronic card access systems. 1.2 Scope of Project o The results of this bid will be available to other UW campuses. o The vendor will be responsible for training university personnel to enable them to perform additional installations. This will be accomplished by having university staff shadow and be trained by the vendor personnel during the installation process. o Provide a single software application that manages all online and offline door access systems. o Provide hardware and installation services to implement new online Electronic Door Access System (controllers and readers but use existing wiring) in the following area: Kress Events Center Card Access = 10 o Provide hardware to implement new online Electronic Door Access System (controllers and readers) in the following area: Wood Hall Card Access = 2 o Provide hardware to convert current online Blackboard Electronic Door Access System (controllers and readers where applicable, but use existing wiring if possible) in the following areas: University Union Card Access = 2 Residence Life Card Access = 31 Monitored Doors (no reader) = 9 Doors currently monitored to be converted/upgraded to include card access = 5 o Provide hardware to add online Electronic Door Access System (controllers as needed, readers, wiring, door hardware, and installation services) in the following areas: Residence Life Card Access Doors = 2 o Provide door hardware to implement new offline lock system in the following area: Residence Life 9 apartment buildings with 19 doors on each UW Green Bay 2 of 40 07/26/2012 RFP GB 6175 o Provide 171 locks with brush satin finish (US26D) o Provide key cores matching current specification installed in Tom Haever’s Hall – (Best 7 pin) o Provide hardware and installation services to convert current online Simplex I-Secure System (controllers, but use existing readers and wiring if possible) in the following areas: Studio Arts (SA) Card Access = 3 Cofrin Library Elevators Card Access = 10 o Provide hardware to convert current online Simplex I-Secure System (controllers, but use existing readers and wiring if possible) in the following areas: MAC Hall Card Access = 11 Lock/Unlock = 25 Lab Sciences (LS) Card Access = 5 o Provide hardware and installation services to convert current online Simplex Continuum System (controllers, but use existing readers and wiring if possible) in the following areas: MAC Hall Third Floor Card Access = 1 Lock/Unlock = 4 o Provide three self service network multi-track encoders (read ID from track 2 and encode track 3) o Provide spare hardware: Online – Academic Buildings / Kress Events Center 1 of each controller, door hardware, and reader model Online – Residence Life 2 of each controller, door hardware, and reader model Offline 4 backup locks for inventory (2 Left and 2 Right, if applicable) 1.3 DEFINITIONS As used in this RFP, the following terms, whether used in the singular or plural, shall have the following meanings: Agency means the University of Wisconsin Green Bay Contract means the written agreement that will be entered into by the University and the successful Proposer and will be based on RFP GB 6175 Contract Period means three years with four (4) additional one-year periods. Contractor means proposer awarded the contract. Fiscal Year means a consecutive 12 month period commencing on July 1 and ending on June 30. UW Green Bay 3 of 40 07/26/2012 RFP GB 6175 Proposal means the package on which the Proposers will bid and is more fully described in RFP GB 6175. Proposer means an entity submitting a proposal in response to this RFP in accordance with the requirements specified herein. RFP means the Request for Proposal requested herein. State means State of Wisconsin. University means the Board of Regents of the University of Wisconsin System on behalf of the University of Wisconsin Green Bay. 1.4 CALENDAR OF EVENTS Event Completion Date RFP to prospective Proposers February 13, 2007 Written questions from Proposers February 22, 2007 Mandatory Vendor Meeting February 27, 2007 Proposers response due March 9, 2007 Evaluation of RFP March 12, 2007 Presentations (if necessary) March 22, 2007 Best and Final Offers (if necessary) March 26, 2007 Evaluation complete (estimated) April 2, 2007 Proposer notification (or earlier) April 5,2007 Contract start date May 11, 2007 1.5 INSPECTION OF PREMISES Bidders may inspect the project sites prior to submitting the RFP at the time of the Vendor Conference to determine all needs associated with the contract. Failure to inspect shall in no way relieve the contractor from the necessity of furnishing and installing, without additional cost to the University, any materials and equipment or performing any labor that may be required to carry out the intent of the contract. 1.6 PROCURING AND CONTRACTING AGENCY The University of Wisconsin Green Bay issues this RFP, which is the sole point of contact for the University of Wisconsin during the selection process. The person responsible for managing the procurement process is Michael Barry, Director of Institutional Support. The University of Wisconsin Green Bay will administer the contract resulting from this RFP. The contract administrator will be Michael Barry, Director of Institutional Support. 1.7 CLARIFICATION AND/OR REVISIONS TO THE SPECIFICATIONS AND REQUIREMENTS Any questions concerning this RFP must be submitted in writing on or before UW Green Bay 4 of 40 07/26/2012 RFP GB 6175 February 21, 2007 Michael Barry University of Wisconsin Green Bay 2420 Nicolet Drive Green Bay, Wisconsin 54311-7001 TELEPHONE: 920/465-2522 FAX: 920/465-5649 EMAIL: firstname.lastname@example.org Vendors are expected to raise any questions, exceptions, or additions they have concerning the RFP at this point in the process. If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this RFP, the vendor should immediately notify the above named individual of such error and request modification or clarification of the RFP. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of the RFP, revisions, amendments, and/or, supplements will be provided to all recipients of this initial RFP. Each proposal shall stipulate that it is predicated upon the requirements, terms, and conditions of this RFP and any supplements or revisions thereof. If the proposer fails to notify the University prior to the proposal due date of a known error in the RFP, an error that reasonably should have been known to the proposer, and if a contract is awarded to that proposer, the proposer shall not be entitled to additional compensation or time by reason of the error or its correction. Any contact with University employees concerning this RFP is prohibited, except as authorized by the RFP manager during the period from date of release of the RFP until the notice of intent to contract is released. 1.8 MANDATORY VENDOR CONFERENCE A mandatory vendor conference will be held on February 27, 2007, at 10 a.m. in at the University of Wisconsin Green Bay, Residence Community Center / Office of Residence Life,Conference Room #228, 3350 Sports Center Drive, Green Bay, WI 54311 to respond to written questions and provide any needed additional instruction to vendors on the submission of proposals. A vendor tour will follow the meeting. 1.9 REASONABLE ACCOMMODATIONS The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. Requests for accommodations at the vendor conference or proposal openings should be addressed to Mike Barry 920/465-2522. 1.10 CONTRACT TERM The contract shall be effective on the date indicated in the letter of award and shall be for three years from that date, with an option of the institution, and by mutual agreement of the University and Contractor, to renew for four (4) additional one- year periods, subject to the State Legislature’s appropriation of funds. . This contract shall automatically be extended into the next contract year unless Purchasing Services is notified, in writing, by the Contractor; or, University notifies UW Green Bay 5 of 40 07/26/2012 RFP GB 6175 the Contractor, in writing, ninety (90) days prior to expiration of the initial and /or succeeding contract periods(s). 1.11 VENDORNET REGISTRATION VendorNet: The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies, goods and services that the state buys, and tips on selling to the state. Vendors may use the same Web site address for inclusion on the bidders list for goods and services that the organization wants to sell to the state. A subscription with notification guarantees the organization will receive an e-mail message each time a state agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $25,000. Organizations without Internet access receive paper copies in the mail. Increasingly, state agencies also are using VendorNet to post simplified bids valued at $25,000 or less. http://vendornet.state.wi.us/vendornet/asp/reginfo.asp 2.0 PROPOSAL In order to meet the current needs of the University of Wisconsin Green Bay, the proposal presented is to consist of providing an Electronic Card Access System for University of Wisconsin Green Bay for three years from effective date with four (4) one-year renewal options mutually agreed to by University and Contractor. The evaluation and selection of a contractor and the contract will be based on the information submitted in the vendor’s proposal plus references and any required on- site visits or oral interviews/presentations if necessary. Failure to respond to each of the requirements in the RFP may be the basis for rejecting a response. Elaborate proposals (e.g., expensive artwork), beyond that sufficient to present a complete and effective proposal, are not necessary or desired. 3.0 PREPARING AND SUBMITTING A PROPOSAL 3.1 PROPOSED CONTRACT The PROPOSED CONTRACT in Section 8.0 provides the terms and conditions the University expects to be in the contract between all parties of the contract. Any changes to a proposed term or condition a Proposer wishes the University to consider must be submitted separately with the proposal clearly identifying each change to section and article number. The University may modify any portion of this proposed contract prior to final award. 3.2 PROPRIETARY INFORMATION As the University is a state agency, any proprietary restrictions on the data contained within a proposal submitted must be clearly stated on the Proprietary Form, Attachment 6. Proprietary information submitted will be handled in UW Green Bay 6 of 40 07/26/2012 RFP GB 6175 accordance with applicable State of Wisconsin law. It is the Proposer’s responsibility to defend the determination in the event of an appeal or litigation. Excessive designation of information as proprietary may result in disqualification of your proposal. 3.3 PROPOSAL RESPONSE SUBMISSION REQUIREMENT In order to be considered in the evaluation process and to ensure confidentially of this RFP, all proposals must be submitted in hard copy packaged, sealed and show the following information on the outside of the package: Proposer’s Name, Title and Address, RFP GB6175 due. The ORIGINAL proposal and 5 copies must be delivered to: Michael Barry, Director of Institutional Support University of Wisconsin-Green Bay IS1038 2420 Nicolet Drive Green Bay, Wisconsin 54751 TELEPHONE: 920/465-2522 FAX: 920/465-5649 EMAIL: email@example.com 3.4 PROPOSAL ORGANIZATION AND FORMAT Proposals should be typed and submitted on 8.5 x 11 inch paper and bound securely. Proposals should be organized and presented in order and by the number assigned in the RFP. Proposals must be organized with the following headings and subheadings. Each heading and subheading should be separated by tabs or otherwise clearly marked. The RFP sections, which should be submitted or responded to will contain the following sections: Cover page Introduction History Required Proposer Information (Section 5.0) Response to Technical Questions (Section 6.0) Cost Proposal (Section 7.0) Contract Administrator (Section 8.17) Executed Contract Signature Page (Section 8.21) Vendor Information ( Attachment #1) Vendor Reference ( Attachment #2) Bank Reference (Attachment #3) Bidder Information (Attachment #4) Designation of Confidential and Proprietary Information (Attachment #5) Appendix 3.5 PROPOSAL RESPONSE SUBMISSION DEADLINE Proposals must be received, date and time stamped no later than 2:00 p.m., March 9, 2007. Proposers must allow sufficient time for delivery of their proposal by the time specified. Proposals not received on time will be rejected,specifically in the Purchasing Office and Date Stamped. UW Green Bay 7 of 40 07/26/2012 RFP GB 6175 3.6 CERTIFICATION OF INDEPENDENT OFFER DETERMINATION By submitting a proposal, the Proposer certifies, and in the case of a joint proposal, to its own firm, that in connection with this RFP: 3.6.1 Independent Offer. The proposal has been arrived at independently, without consultation, communication or contact with any competitor for the purpose of restricting competition, and; 3.6.2 Offer Disclosure. Unless otherwise required by law, the offer cited in this RFP has not been and will not be knowingly disclosed by the Proposer prior to opening directly or indirectly to any other Proposer, and 3.6.3 Restriction of Competition. No attempt has been made, nor will be made by the Proposer, to induce another person or firm to submit or not submit a proposal for the purpose of competition restriction. 3.7 PROPOSAL SIGNATORY AUTHORITY Each person signing this proposal certified that: 3.7.1 Offer Responsibility: S/he is the person responsible for the decision to the offer and has not nor will not participate, in any action contrary to 3.6.1 through 3.6.3; or 3.7.2 Agent Authorization. S/he is not the person responsible for the decision to the offer, but has been authorized in writing to act as agent to quote for the persons responsible for such decisions; has the authority to certify that such persons have not and will not participate in any action contrary to 3.6.1 through 3.6.3, and as their agent certifies this; and has not participated nor will not participate, in any action contract to 3.6.1 through 3.6.3. 3.8 CONFLICT OF INTEREST By submitting a proposal, the Proposer certifies that no relationship exists between the Proposer and the University that interferes with fair competition or is a conflict of interest; and no relationship exists between such Proposer and another person or firm that constitutes a conflict of interest that is adverse to the University. 3.9 PROPOSAL COSTS The University is not liable for any cost incurred by Proposers in replying to this RFP. 3.10 MULTIPLE PROPOSALS Multiple proposals from a vendor will be permissible, however, each proposal must conform fully to the needs for proposal submission. Each proposal must be submitted separately and labeled as Proposal #1, Proposal #2, etc., on each page included in the response. Alternate acquisition plans do not constitute multiple proposals. 3.11 WITHDRAWAL OF PROPOSALS UW Green Bay 8 of 40 07/26/2012 RFP GB 6175 Proposals shall be irrevocable until contract award unless the proposal is withdrawn. Proposers may withdraw a proposal in writing at any time. To accomplish this, the written request must be signed by an authorized representative of the proposer and submitted to the RFP project manager. If a previously submitted proposal is withdrawn before the proposal due date and time, the proposer may submit another proposal at any time up to the proposal closing date and time. 3.12 ORAL PRESENTATIONS, INTERVIEWS AND SITE VISITS Top scoring vendors based on an evaluation of the written proposal may be required to participate in oral presentations and/or site visits to support and clarify their proposals, if requested by the University. Submission of a proposal does not guarantee a proposer the opportunity to make an oral presentation and/or an equipment demonstration. If required, these will be scheduled after the initial review and as part of the overall evaluation of proposals. Proposers may be required to answer questions from the RFP Evaluation Committee during an oral presentation or an equipment demonstration; such questions may or may not be submitted to a proposer in advance. The Director of Institutional Support will schedule the time and location of the presentation. Failure of a proposer to interview or permit a site visit on the date scheduled may result in rejection of the vendor’s proposal. If the demonstration site (site is where proposer has an established laptop computer program in place) proposed is further than 200 miles from University, the vendor shall be responsible for providing transportation both to and from the demonstration site and accommodations for up to a maximum of 7 representatives. The demonstration site must be in the State of Wisconsin. All oral presentations will be documented with written copy handed out at time of presentation. A minimum of 6 copies shall be provided. If information is received during the oral presentation, which is not included in the original proposal or during the oral presentation, proposer will submit all information in written form within five days after oral presentation. A minimum of 5 copies shall be provided. Confidentiality Confidentiality of proposals shall be maintained until after contract negotiations are completed and the award has been made Clarification The University reserves the right to request clarification or additional information. Negotiation The University reserves the right to negotiate terms and conditions with the top contenders. The University reserves the right to negotiate modifications to the proposal with a single vendor without obligation to negotiate similar modifications with other vendors. The University must request modifications. Unsolicited modifications without prior request by the University will not be accepted. UW Green Bay 9 of 40 07/26/2012 RFP GB 6175 4.0 PROPOSAL ACCEPTANCES, EVALUATION AND AWARD 4.1 PRELIMINARY EVALUATION The proposals will be reviewed initially to determine if mandatory requirements are met. Failure to meet mandatory requirements will result in rejection of the proposal. In the event that all vendors fail to meet one or more of the mandatory requirements, the University reserves the right to continue the evaluation of the proposals and to select the proposal, which most closely meets the requirements, specified in this RFP. 4.2 RIGHT TO REJECT PROPOSALS AND NEGOTIATE CONTRACT TERMS The University reserves the right to accept or reject any part of any proposal, or to request modification or clarification of any part of a proposal, and to accept or reject any or all proposals without penalty. The University may negotiate the terms of the contract, including the award amount, with the selected proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer, the agency may negotiate a contract with the next highest scoring proposer. 4.3 PROPOSAL SCORING Accepted proposals will be reviewed by an evaluation committee and scored against the stated criteria. A proposer may not contact any member of an evaluation committee except at the Director of Institutional Support direction. The committee may review references, request presentations, interviews, and/or conduct on-site visits and use the results in scoring the proposals. Proposals from certified Minority Business Enterprises may have points weighted by a factor of 1.00 to 1.05 to provide up to a 5% preference to these businesses (Wis. Stats. 16.75(3m)). The evaluation committee’s scoring will be tabulated and proposals ranked based on the numerical scores received. 4.4 EVALUATION CRITERIA The University will evaluate accepted proposals. Evaluation and selection of a proposal will be based on the analysis of the product pricing, financials, warranty, vendor qualifications, product quality, delivery, equipment, software, services and supplies at the facilities for the time period specified in the Proposal. Oral presentation/interviews will be required after the written proposals are received. Failure to attend an oral interview will result n rejection of the Proposer’s proposal. Points Matrix Maximum Points Available Mandatory General Requirements 100 (Section 5.0) Technical Requirements 700 (Section 5.0) UW Green Bay 10 of 40 07/26/2012 RFP GB 6175 Software 450 Hardware 250 Cost Proposal (Section 7.0) 300 TOTAL POINTS 1,100 points The evaluation committee will evaluate the General Requirements and Specification Requirements prior to having the Cost Proposal scored. Only the highest scoring proposals will be eligible for further consideration. 4.5 AWARD, BEST AND FINAL OFFERS The University will compile the final scores for each proposal. The award will be granted in one of two ways. The award may be granted to the highest scoring responsive and responsible proposer. Alternatively, the highest scoring proposal or proposers may be requested to submit Best and Final Offers (BAFO). If BAFOs are requested by the University and submitted by the vendor, they will be evaluated against the stated criteria, scored and ranked by the evaluation committee. The University may require more than one series of BAFOs and discussions. If more than one BAFO is requested, a proposer’s immediate previous offer shall be construed as the proposer’s BAFO unless the proposer submits a timely notice of withdrawal or another BAFO. The Director of Institutional Support shall notify each qualified proposer of the scope of the requested BAFO and shall establish a date and time for their submission. However, a proposer should not expect that the University would request a BAFO. 4.6 NOTIFICATION OF INTENT TO AWARD A contract shall be awarded to the Proposer who, in the sole judgment of the University, best meets the RFP needs and is awarded the highest amount of points based on the POINTS MATRIX described more fully in Section 4.4 and Section 6.0. All Proposers shall be notified in writing by the Office of Procurement of the awarded result. After notification of the intent to award is made, and under the supervision of Purchasing Office, University of Wisconsin Green Bay, staff, copies of proproals will be available for public inspection from 8 a.m. to 4:30 p.m. at Purchasing Office, University of Wisconsin Green Bay. 4.7 APPEALS PROCESS Notice of intent to protest and protests must be made in writing. Written protest must fully identify any contested issue. Protestor should make their protests as specific as possible. A notice of intent to protest the award of a contract must be submitted in writing to Vice Chancellor Thomas Maki, in care of Michael Barry, Director of Institutional Support, University of Wisconsin Green Bay, 2420 Nicolet Drive, Green Bay, WI 54311, telephone 920/465-2522, and received in h1s office within five days after the notices of intent to award are issued. The protest will be submitted in writing to his office within 10 working days after the notices of intent to award are issued. 4.8 EXECUTED CONTRACT TO CONSTITUTE ENTIRE AGREEMENT UW Green Bay 11 of 40 07/26/2012 RFP GB 6175 In the event of contract award, the contents of this RFP (including all attachments), RFP addenda and revisions, the proposal of the successful proposer, and additional terms agreed to, in writing, by the university and the contractor shall become part of the contract. Failure of the successful proposer to accept these as a contractual agreement may result in a cancellation of award. See Section 8.16. 5.0 GENERAL REQUIREMENTS The proposers response to this subsection must clearly demonstrate the capacity to handle the needs stated in this RFP in addition to the Proposer’s current workload. The University reserves the right to request supplementary information deemed pertinent to assure proposers competence, business organization, and financial resources are adequate to successfully perform services. Provide on company letterhead a concise, detailed description of the following. 5.1 Name and address of operating firm, names of owners or principles of your firm. If a corporation, provide date of incorporation and President’s name. If other than corporation or partnership, describe organization and names of principals. If individuals or partnership, provide date of organization and name and address of all partners (state whether general or limited partnership). Complete and return Attachment #1 5.2 Provide three references from locations where your Electronic Card Access System has been installed in universities of similar size of the University of Wisconsin Green Bay and your client list from the last year. Complete and return Attachment #2. The University will determine which, if any, reference to contact. The results of the references will be provided to the evaluation committee and used in scoring the proposal. 5.3 Provide historical background and capabilities of proposer’s company with special emphasis on Electronic Card Access Systems and related support services to universities of comparable size and complexity to the University of Wisconsin Green Bay. 5.4 List and describe any claims or lawsuits that have been made against proposer’s firm for non-performance or inadequate performance as a provider of Electronic Card Access Systems. 5.5 List three firms where credit lines have been established and the value of each credit line where proposer’s firm is currently transacting business. Complete and return, Attachment #3. 5.6 Describe proposer’s firm’s willingness to agree to as written and your firm’s approach to meeting the terms and conditions specified in Section 8. Complete and return Attachment #4. 5.7 Describe the lead-time requirements for all purchase orders. 5.8 Describe warranty process. 5.9 Describe return policy of unopened over acquired product. UW Green Bay 12 of 40 07/26/2012 RFP GB 6175 6.0 Technical Requirements (Each of the requirements must be responded to in the format and order presented) General Requirements o Must be able to provide the hardware and software as a single integrated application for all of the following: Online locks that are programmed and controlled via a central computer which communicates via the network to controllers which are then wired to the individual door locations. Offline locks which are not directly connected to a central computer system, but are managed and programmed by the same software application. Software Minimum Requirements: The university desires that the software provided for the electronic card access system meet or exceed the following requirements. Describe how this will be accomplished. o Integration with RMS (Residential Management System) Must provide both real-time and batch interfaces between the access control software and RMS (Residential Management System). This should allow users to make room booking additions, deletions and changes within the RMS application and have that automatically change the lock permissions assigned to the cardholder within the access control system. This would have to include functionality for the users to encode cards using RMS as well as updating cards from within RMS. This will allow users to stay within the RMS application to handle almost all scenarios without having to go into a separate software application. The batch interface will keep everything updated and synchronized so that encoding could occur based upon RMS data in either the housing office or the ID card office. Preference will be given to RMS preferred partners. o Integration with Blackboard (Unix and future Windows based version) Must provide an interface between the access control database and Blackboard that can maintain the ID information (including incremental Issue Number) and keep synchronized within a period of less than 5 minutes. This also includes allowing for the ID office (using their own software) to be able to encode offline lock permissions onto track 3 (simultaneously as they are encoding track 2 as they normally do) using a multi-track encoder. This would prevent the cardholder from having to come to the housing office every time they get a new card (providing that we have their lock access defined) o Integration with PeopleSoft Student Information System (SIS) Must provide an interface between the access control database and PeopleSoft SIS so that course roster information could be utilized to allow online door access to certain classrooms and labs. Automated, specific additions, deletions, and changes to an individual’s online lock permissions must be possible based upon the data maintained in PeopleSoft SIS. This update must be able to be run on-demand or on an hourly automated schedule as desired by the university. UW Green Bay 13 of 40 07/26/2012 RFP GB 6175 Specific requirement for interface to the UWGB PeopleSoft Student Information System. Automate the assignment and maintenance of card access times to doors of individual cardholders based on their class enrollments in PeopleSoft. Automate the assignment and maintenance of card access times to “all cardholders” for certain rooms. (Note: The access times may be different for “all cardholders” versus the times of cardholders who are enrolled in a particular class). o The card system software must be able to handle the UWGB campus magnetic stripe ID card, which includes a 16 digit ID number plus a one digit issue number. The campus ID number assigned to individuals will not change when a card is lost, rather, the issue number on the card will change. System should be able to recognize the individual with this updated issue number, not affecting history or profile for the individual as set in system. o Software interface though Client and Browser Setup and other system administration using the software should be completed via a client interface or web browser. Day-to-day operations should be handled through a web browser interface. o Software must have ability to partition control of the system by user id. Allow multiple administrators with partition control. Allow a minimum of 16 administrators with ability to create security levels per operator. The cardholder database must be shareable across partitions. Must be able to create cardholders that are only accessible from a single partition. Hardware components (locks, readers, controllers, etc.) must be able to be assigned to a particular partition or shared across multiple partitions. o Should allow cardholders to be assigned additional offline doors that are not part of a predetermined access pattern (i.e. add office doors for student employees). o Batch mode / conference mode should be included in software so we can encode larger batches of cards quickly for conference guests by just feeding cards into the encoder without lengthy data entry. o Ability to generate temporary unlock codes for offline doors – on demand from the software without having to communicate with the lock itself - that will work for a user defined length of time (to unlock the door without a card) for letting residents in who locked their card in the room, or for tours, or any other non-card temporary access. o Ability to use Personal Identification Number (for dual authentication locks). PINs should be completely cardholder-defined per cardholder so it is a true PIN and there should be an automated way to allow cardholders to manage their PIN without manual intervention by users. o Should include archive/purge and backup utilities for database maintenance. o Must allow for customizable, multiple cardholder types, timetables, and access patterns. o It must be possible to add, delete, or merge a specific person’s door permissions (online or offline) in an automated fashion (through use of interfaces to other systems) UW Green Bay 14 of 40 07/26/2012 RFP GB 6175 for each door or door group the person has access to without impacting other doors / door groups the person has access to. o Should be able to encode “Invalidation” keycards that will lock out a particular cardholder from offline door(s) without locking out all authorized cardholders or reprogramming the lock. o Should be able to set an extended unlock time for ADA rooms. o Minimum of 4 concurrent, simultaneous users o Ability to control minimum of 128 door controllers o Supports the following card readers and technologies: Proximity, Magnetic Stripe, and Keypads / Pinpads o Supports on-line, off-line, and/or wireless locks / readers from the same software application. o Supports future Biometrics o Permits secure lock operation and maintains audit trail, even when the server or the wired / wireless network is unavailable. o Simple to install and operate with user-friendly, windows, graphical interface o Automatic backup procedure (daily) o Ability for replacement card to invalidate lost card by cardholder at reader site o Ability to utilize Holiday schedules o Print out card privileges for a particular building or person o Alarm inputs to monitor door ajar; latch not engaged; etc. o Capable of utilizing horns, sirens, etc. o Ability to design customized reports. o Capable of loading building floor plans into software – so when an alarm goes off, it can be instantly pinpointed o Software must provide multiple access rights for an individual o Audit trail available historically or in real time, including standard reports that include, but not limited to Invalid access attempts Time and attendance A door reader location A group of readers An individual cardholder Operator console activity Other (Describe) o Automatic daylight savings time UW Green Bay 15 of 40 07/26/2012 RFP GB 6175 o Automatic validation or invalidation for off-line units o Application must have context sensitive help. o Vendor must be able to provide remote support within a two hour response time during regular business hours (7:45 am – 4:30 pm, Monday – Friday, excluding state holidays). OPERATING SYSTEM o Operating System: Windows Server 2003, Windows XP SP2 o Relational Database: Must be Oracle 9.x or higher or Microsoft SQL 2005 Hardware Minimum Requirements: The University desires that the hardware provided for the electronic card access system meets or exceeds the following requirements. Describe how this will be accomplished. o Controllers must run on 10 /100 / 1000 megabit switched Ethernet. o University personnel should be allowed to install and repair locks on our own. o Vendor must be able to provide on-site support within a two hour response time during regular business hours (7:45 am – 4:30 pm, Monday – Friday, excluding state holidays). o Access by Proximity, magnetic strip, keypads and future Biometric applications o System must be able to support wireless online locks. o Should have the option for a future upgrade from an offline door lock to an online wireless lock without a complete hardware replacement. o Reliable hardware (including readers) that will withstand all weather conditions. Optional heated reader for external installations. o Battery should be housed on the interior side of the lock mechanism to prevent tampering. o Lock should provide a dual authentication method – both magnetic stripe card swipe access plus PIN (PIN should be unique and editable per cardholder). o Encoders should be network encoders so that they operate in a self service mode without a PC and be used as an auto-updating encoder that would read the Blackboard ID# (including issue #) off of track 2, use that to verify their identity and then encode their offline door permissions onto track 3. o Indicate length of warranty on all hardware. o Individual door controllers/readers to have capability of operating “stand alone” with memory support for a minimum of 24 hours in the event of AC power loss o Utilize current Best core system o Override capability using existing master key UW Green Bay 16 of 40 07/26/2012 RFP GB 6175 o Capable of accepting add-on relay boards, or equivalent e.g. alarm systems and/or elevators and parking gates. o Remote capability to monitor system activity. Ability to control and record access – in real time to any location. o Use existing UWGB card magnetic stripe coding on Track 2. Any additional encoding for new system must utilize Track 3 o Capable of utilizing both door lock and door strike release o System should utilize motor-operated lock release o Minimum reader capacity of 10,000 o Method of determining amount of battery life left in an off-line unit (i.e. colored light to indicate low battery, or easy test by staff) ALARM MONITORING o Alarms can appear on one or multiple selected workstations and/or via email. o Must have the ability to escalate unacknowledged alarms to another user and/or via email. o Alarm Systems available: Latch not engaged alarm Door ajar alarm Lock tamper/vandalized alarm SERVER / Workstation REQUIREMENTS o Application must run on Gateway / Intel server(s) and workstations provided by the university. Vendor must provide specifications for needed server and workstation hardware to support the application. Describe the System Access/Magnetic Strip Card Readers and manufacturer, model, length of time in production and card reader dimensions. Describe Tamper-Proof Hardware Describe the Electric Locking Devices and indicate manufacturer, model, length of time in production and warranty. Describe the Door Control Units and indicate manufacturer, model, length of time in production and warranty. Describe the Elevator Control Unit and indicate manufacturer, model, length of time I production and warranty. 7.0 Cost Proposal Detailed cost proposal including: UW Green Bay 17 of 40 07/26/2012 RFP GB 6175 o Software costs o Software installation costs o Software maintenance and support costs o Integration Costs to automate interfaces with PeopleSoft, Blackboard, and RMS systems. o Training costs o Discount for Future Purchases o Hourly support labor rate(s) for software support and/or hardware installation services Detailed cost proposal by building including: o Itemized hardware purchase and maintenance costs (manufacturer, model, quantity, and unit cost) o Itemized installation costs (supplies and labor) 8.0 PROPOSED CONTRACT FOR ELECTRONIC CARD ACCESS SYSTEM 8.1 PARTIES TO THE CONTRACT This agreement, hereinafter referred to as “the Contract”, shall be between the Board of Regents of the University of Wisconsin System on behalf of the University of Wisconsin Green Bay, hereinafter referred to as the “university”, and the successful Proposer, hereinafter referred to as the “Contractor”, for the privilege of the Contractor to designate the brand of laptop computers and services to the University of Wisconsin Green Bay for the laptop computer program. 8.2 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 effect during the period of this Contract which affect the work or its conduct. 8.3 TERM OF CONTRACT It is the intent of the University to start the resulting Contract on May 1,2007. The Contract Administrator will confirm the effective date in writing. Contract term shall be for one year from the effective date with four (one year renewal options) mutually agreed to by University and Contractor. 8.4 EXCUSED PERFORMANCE UW Green Bay 18 of 40 07/26/2012 RFP GB 6175 If, because of riots, war, public emergency or calamity, fire, flood, earthquake, act of God, government restriction, labor disturbance or strike, business operations at the University are interrupted of stopped, performance of this contract, with the exception of monies already due and owing, shall be suspended and excused to the extent commensurate with such interfering occurrence. The expiration date of this contract may be extended for a period of time equal to the time that such default in performance is excused. 8.5 DISCLOSURE 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 proposal, the Contract is void able by the University unless appropriate written disclosure is made to the State of Wisconsin Ethics Board, 125 South Webster St., Madison, WI 53703. 8.6 PRIME CONTRACTOR AND MINORITY BUSINESS SUBCONTRACTORS The prime contractor will be responsible for contract performance when subcontractors are used. However, when subcontractors are used, they must abide by all terms and conditions of the contract. If subcontractors are to be used, the proposer must clearly explain their participation. The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The contracting agency is committed to the promotion of minority business in the state's purchasing program. The State of Wisconsin policy provides that minority-owned business enterprises certified by the Wisconsin Department of Commerce, Bureau of Minority Business Development should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority-owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises. The supplier/contractor shall furnish appropriate quarterly information about its effort to achieve this goal, including the identities of such enterprises certified by the Wisconsin Department of Commerce and their contract amount. The supplier/contractor shall submit a quarterly report indicating subcontracts awarded to minority business and dollar amount in association with this contract to: Michael Barry, Director of Institutional Support University of Wisconsin Green Bay IS1038 2420 Nicolet Drive Green Bay, Wisconsin 54751 TELEPHONE: 920/465-2522 FAX: 920/465-5649 EMAIL: firstname.lastname@example.org A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Office of the Minority UW Green Bay 19 of 40 07/26/2012 RFP GB 6175 Business Program, 608/267-7806. The listing is published on the Internet at: http://www.doa.state.wi.us/dsas/mbe/index.asp. 8.7 INCORPORATION OF DOCUMENTS In the event of contract award, the definitive contract will constitute the entire agreement of the parties and will supersede any representations, commitments, conditions, or agreements made orally or in writing prior to execution of the contract. (or) In the event of contract award, the contents of this RFP (including all attachments), RFP addenda and revisions, and the proposal of the successful proposer, and additional terms agreed to, in writing, by the agency and the contractor shall become part of the contract. Failure of the successful proposer to accept these as a contractual agreement may result in a cancellation of award. The following priority for contract documents will be used if there are conflicts or disputes. Official Purchase Orders Signed contract Best and Final Offer Written communications Vendor's Proposal State Request for Proposal Standard Terms and Conditions 8.8 NEWS RELEASES News releases pertaining to this Contract or any part of RFP No. GB6175 shall not be made without the prior written approval of the University. 8.9 INSURANCE REQUIREMENTS The contractor shall bear full and complete responsibility for all risk of damage or loss of equipment, products or money resulting from any cause whatsoever and shall not penalize the University for any losses incurred related to this contract. COVERAGE AND MINIMUM LIMITS Coverage Minimum Limits Worker’s Compensation (WC) Statutory Employer’s Liability $100,000/500,000/100,000 Coverage (B) Commercial General Liability (CGL) General Aggregate incl. Prdt/co $2,000,000 UW Green Bay 20 of 40 07/26/2012 RFP GB 6175 Each Occurrence $1,000,000 Automobile Liability (including hired & non-owned) Combined Single Limit $1,000,000 Additional Insured Provision The contractor shall add the Board of Regents of the University of Wisconsin system, its officers, agents and employees as an additional insured under the commercial general liability policies, for purpose of this contract. Remodeling or Renovation The above insurances are required to be in effect during the course of any remodeling, renovation or construction done by or at the director of the contractor. Upon notification of award and prior to issuance of a contract, the contractor (vendor) shall provide the University a Certificate of Insurance with the required kinds and limits of insurance issued by an insurance company licensed to do business in the State of Wisconsin and signed by an authorized agent. Commercial General Liability includes, but it not limited to: consumption or use of products, existence of equipment or machines on location and contractual obligations to customers. The contractor shall bear the full and complete responsibility for all risk of damage or loss of premises, equipment, products or money resulting from any cause including that of sub-contractors and shall not penalize the University for any losses incurred related to this contract. These policies shall contain a covenant requiring 60 days written notice by the insurer to University of Wisconsin Green Bay Purchasing, before cancellation, reduction or other modifications of coverage. The insurance certificate shall be for the initial contract period of one year and shall be extended by the contractor for each remaining years of the contract. In the event of non-renewal, cancellation or expiration, the contractor shall provide the University evidence of the new source(s) of required insurance within 21 calendar days after the University’s receipt of the 60-day notice. Failure to maintain the required insurance in force may be cause for contract termination. In the events the contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to cancel and terminate the contract without notice. The contractor shall advice each insuring agency to automatically renew all policies and coverage in force at the start of and resulting from this contract until specified coverage needs is revised. 8.10 PERFORMANCE BOND OR IRREVOCABLE LETTER OF CREDIT The successful bidder, hereafter referred to as “contractor”, shall be required to furnish a performance bond in the amount of $5,000. The University of Wisconsin Green Bay Purchasing Office prior to contract award must furnish such bond upon notification. In lieu of the performance bond, the contractor may provide an irrevocable letter of credit naming the University as beneficiary. The irrevocable letter of credit shall be in the amount specified for the performance bond and the format content required by the UW Green Bay 21 of 40 07/26/2012 RFP GB 6175 University. The performance bond or irrevocable letter of credit shall be furnished by a company licensed to do business in the State of Wisconsin. The performance bond or irrevocable letter of credit shall be fore the entire contract period. The performance bond or letter of credit shall provide that in the event of non- renewal, the Division of Procurement, and the contractor be notified in writing by the issuer a minimum of 60 days prior to the anniversary of the effective date of the contract. In the event of non-renewal, the contractor shall provide the University evidence of the new source of surety within 21 calendar days after the University’s receipt of the non- renewal notice. Failure to maintain the required surety in force may be cause for contract termination. Failure to provide the bond or irrevocable letter of credit within 21 days of notification of award may result in cancellation of contract award. 8.11 PROMOTIONAL MATERIALS Except as otherwise provided herein, the Contractor agrees not to use promotional or marketing materials, which state expressly or by fair implication that the University endorses either the Contractor or any sponsor of such material. Equipment bearing University of Wisconsin Green Bay marks, logos or other indicia of University of Wisconsin Green Bay must be purchased from University of Wisconsin Green Bay licensees. 8.12 HOLD HARMLESS 8.12.1 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 the Contractor, its officers, agents and employees from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and 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 of 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. Stats. 8.12.2 Contractor agrees to hold the University harmless from any loss, claim, damage or liability of any kind involving an employee, officer or agent of the Contractor arising out of or in connection with this Agreement except to the extent that it 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. Stats. 8.13 NONDISCRIMINATION AND AFFIRMATIVE ACTION 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 withhold of payment. UW Green Bay 22 of 40 07/26/2012 RFP GB 6175 8.13.1 In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s.51.01(5), Wis. Stats., sexual orientation 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 of training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. 8.13.2 The contractor agrees to post in conspicuous places, available for employee’s applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin nondiscrimination clause. 8.13.3 Failure to comply with the conditions of this clause may result in termination of the contract. 8.13.4 To the extent required by law, 41 CFR 60-1.4(a) and (b) are incorporated by reference in this contract. Additionally, Contractor certifies that the Contractor complies with 41 CFR 60-1.8 and does not and will not maintain any facilities provided for employees in a segregated manner. Contractor further agrees that he or she will obtain identical certifications from any subcontractors. 8.14 SAFETY REQUIREMENTS All material, equipment and supplies provided to the University must comply fully with all safety requirements set forth by the Wisconsin Administrative Codes, the Rules of the Industrial Commission on Safety and all applicable OSHA Standards. 8.15 GENERAL CONDITIONS 8.15.1 Service Requirements 22.214.171.124 The Contractor shall provide the services described in the RFP and Contractor’s response to the RFP. Contractor shall furnish all supplies, equipment, management and labor necessary to carry out the terms and conditions described. 126.96.36.199 Contractor agrees that items, relative to obtaining this contract, not covered herein may be added by the University to this Contract without voiding provisions of the existing Contract. The Contractor with additional consideration shall furnish additional services to the University. 188.8.131.52 Recognizing that successful performance of this Contract is dependent on favorable response, the Contractor shall meet periodically with the Contract Administrators or designee to review operations and make necessary adjustments. The Contractor agrees to maintain good public relations with the University of Wisconsin Green Bay. After the initial Contract year, the parties may upon mutual agreement adjust the specific terms of this Contract. All adjustments shall be proposed in writing to the Contract Administrator. All required the University UW Green Bay 23 of 40 07/26/2012 RFP GB 6175 of Wisconsin Green Bay Purchasing Office shall issue Contract amendments. 8.15.2 Invoice Requirements The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt at University of Wisconsin Green Bay Accounts Payable. Before payment is made, the University also must verify that all invoiced charges are correct and identified as being a part of this contract. Only properly submitted invoices shall be officially received for payment. Prompt payment requires that all invoices be clear and complete in conformity with the instructions below. All invoices must be itemized showing: a. Purchase order number b. Contractor name c. Remit to address d. Complete product description e. Product manufacturer’s name or abbreviation f. Contractor’s catalog, and/or stock number(s) g. Prices per the contract h. Manufacturer’s product number Each invoice should contain only those products covered by the purchase order designated on that invoice. All invoice prices are to be stated in the same units as the units shown on the bid form. Invoices accompanying deliveries will be in triplicate. Invoices not meeting the above criteria may disqualify bidder from future bids. 8.15.3 Retention of Records. The Contractor shall retain and maintain all records and documents relating to this Contract for three years after final payment by the University hereunder or any applicable statute of limitations, whichever is longer, and shall make them available for inspection and audit by authorized representatives of the University, including the procurement officer or designee, at all reasonable times.” 8.16 CONTRACT CANCELLATION 8.16.1 Failure to maintain the required Certificates of Insurance may be cause for contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in Section 8.9, the University shall have the right to cancel and terminate the Contract without notice. 8.16.2 In the event that either party shall fail to perform under the material terms of this Contract or to maintain or keep in force any of the material terms 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 UW Green Bay 24 of 40 07/26/2012 RFP GB 6175 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 any time a petition in bankruptcy shall be filed against the Contractor and such petition is not dismissed within 90 days, or if a receiver or trustee of Contractor’s property is appointed and such appointment is not vacated within 90 days, the University shall have the right, in addition to any other rights of whatsoever nature that it may have a law or in equity, to terminate this Contract by giving 30 days notice in writing of such termination. 8.16.3 After one year, either party may terminate the contract on the anniversary date of the effective date in any subsequent renewal period of the contract, if either party provides the other party with written notice 120 days prior to such anniversary date. 8.16.4 The University may discontinue this Contract, in whole or in part, without penalty at any time due to non-appropriation of funds. 8.17 CONTRACT ADMINISTRATION 8.17.1 CONTRACTOR Contract Administrator for the successful proposal Proposer will be listed here: NAME _______________________________________________ TITLE _______________________________________________ COMPANY NAME _____________________________________ STREET ADDRESS ____________________________________ CITY, STATE and ZIP CODE _____________________________ TELEPHONE _________________________________________ FAX _________________________________________________ EMAIL _______________________________________________ The Contract Administrator for the Contractor is authorized to give the approvals and negotiate changes required under this Contract on behalf of the Contractor. 8.18 MISCELLANEOUS 8.18.1 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 to be null and separable from the remaining provisions, and shall in no way affect the validity of this Contract. 8.18.1 Waiver. A waiver by either party of any terms or conditions, provision, 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, undertaking, obligation, or agreement of either party. 8.18.2 Amendments. This Contract may be modified or amended in writing signed by authorized signatories of the Contractor and University. UW Green Bay 25 of 40 07/26/2012 RFP GB 6175 8.18.3 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. 8.18.4 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 or subcontracting without consent shall be void and of no effect. 8.19 COUNTERPARTS This Contract may be executed in two counterparts, each of which shall be deemed an original, shall constitute a Contract. 8.20 STANDARD TERMS AND CONDITIONS The State of Wisconsin reserves the right to incorporate standard State contract provisions into any contract negotiated with any proposal submitted responding to this RFP (Standard Terms and Conditions (DOA-3054) (See Appendix 1) and Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681) (See Appendix 2)). Failure of the successful proposer to accept these obligations in a contractual agreement may result in cancellation of the award. 8.21 EXECUTED CONTRACT SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by the duly authorized representatives. CONTRACTOR BOARD OF REGENTS OF THE UNIVERSITY OF WISCONSIN SYSTEM By: _________________________ ______________________________ Printed name: Michael Barry Title: Director of Institutional Support, UWGB Date: ________________________ ________________________________ UW Green Bay 26 of 40 07/26/2012 RFP GB 6175 ATTACHMENT #1 VENDOR INFORMATION 8.19 BIDDING/PROPOSING COMPANY NAME ______________________________________ FEIN: __________________________ FAX: ___________________________________ Phone: ________________________ Toll Free Phone: _________________________ Address: _______________________________________________________________ City: __________________________ State: _______ Zip + 4: ____________________ 2. Name of person we may contact in the event there is questions about your bid/proposal. Name: _________________________ Title: ____________________________________ Phone: ________________________ Toll Free Phone: _________________________ Address: ______________________________________________________________ City: ____________________ State: ____ Zip + 4: ________ FAX: _______________ 3. Vendor who is awarded this contract will be required to submit affirmative action information to the University. Please name the person in your company we may contract about this plan. Name: _______________________ Title: ____________________________________ Phone: ________________________ Toll Free Phone: _________________________ Address: _______________________________________________________________ City: ________________ State: ____ Zip + 4: ________ FAX: ____________________ 4. Mailing address where state purchase orders are to be mailed. Name: ________________________ Title: _________________________________ Phone: ________________________ Toll Free Phone: _________________________ Address: ______________________________________________________________ City: _____________________ State: ____ Zip + 4: ________ FAX: _______________ RETURN THIS PAGE WITH RFP UW Green Bay 27 of 40 07/26/2012 RFP GB 6175 ATTACHMENT #2 VENDOR REFERENCE Company 1 Name: __________________________________________________________ Address (include Zip +4): _____________________________________________________ Contact Person: _________________________ Phone No.: _________________________ Products and/or Services used: ________________________________________________ __________________________________________________________________________ Company 2 Name: __________________________________________________________ Address (include Zip +4): _____________________________________________________ Contact Person: _________________________ Phone No.: _________________________ Products and/or Services used: ________________________________________________ __________________________________________________________________________ Company 3 Name: __________________________________________________________ Address (include Zip +4): _____________________________________________________ Contact Person: _________________________ Phone No.: _________________________ Products and/or Services used: ________________________________________________ __________________________________________________________________________ Company 4 Name: __________________________________________________________ Address (include Zip +4): _____________________________________________________ Contact Person: ________________________ Phone No.: _________________________ Products and/or Services used: ________________________________________________ __________________________________________________________________________ RETURN THIS PAGE WITH RFP UW Green Bay 28 of 40 07/26/2012 RFP GB 6175 ATTACHMENT #3 CREDIT LINE REFERENCE Bank 1 Name: ______________________________________________________________ Address (include Zip +4): _____________________________________________________ Contact Person: _________________________ Phone No.: _________________________ Products and/or Services used: ________________________________________________ __________________________________________________________________________ Bank 2 Name: ______________________________________________________________ Address (include Zip +4): _____________________________________________________ Contact Person: _________________________ Phone No.: _________________________ Products and/or Services used: ________________________________________________ __________________________________________________________________________ Bank 3 Name: ______________________________________________________________ Address (include Zip +4): _____________________________________________________ Contact Person: _________________________ Phone No.: _________________________ Products and/or Services used: ________________________________________________ __________________________________________________________________________ Bank 4 Name: ______________________________________________________________ Address (include Zip +4): _____________________________________________________ Contact Person: _________________________ Phone No.: _________________________ Products and/or Services used: ________________________________________________ __________________________________________________________________________ RETURN THIS PAGE WITH RFP UW Green Bay 29 of 40 07/26/2012 RFP GB 6175 ATTACHMENT #4 BIDDER INFORMATION Contractor _____________________________________________________ Phone # __________________________Fax # ________________________ Email: ________________________________ Ordering/Expediting _____________________________________________ Phone # __________________________Fax # ________________________ Email: ________________________________ Invoice Information _____________________________________________ Phone # __________________________Fax # ________________________ Email: ________________________________ Contract Renewal/Cancellation ____________________________________ Phone # __________________________Fax # ________________________ Email: ________________________________ Contract Problems ______________________________________________ Phone # __________________________Fax # ________________________ Email: ________________________________ Returns _______________________________________________________ Phone # __________________________Fax # ________________________ Email: ________________________________ RETURN THIS PAGE WITH RFP UW Green Bay 30 of 40 07/26/2012 RFP GB 6175 ATTACHMENT #5 DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION The attached material submitted in response to Request for Proposal # _________MM includes proprietary and confidential information which qualifies as a trade secret, as provided in Section 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval. We request that the following pages not be released: Section Page # Topic _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE UNDERSIGNED HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSARY ASSISTANCE TO DEFEND THE DESIGNATION OF CONFIDENTIALITY. This does not apply to bid or proposal prices. Prices are always open. Other information usually cannot be kept confidential unless it is a trade secret. Trade secret is defined in s.134.90(1)(c), Wis. Stats. as follows: “Trade secret” means information, including a formula, pattern, compilation, program, devise, method, technique or process to which all of the following apply: 1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. 2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances. Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response will be open to examination and copying. The state considers other markings of confidential in the bid/proposal document to be insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified above. _____________________________________________________________________________ Name Authorized Representative Company Name ___________________________________________ ______________________________ Signature Authorized Representative Date UW Green Bay 31 of 40 07/26/2012 RFP GB 6175 APPENDIX #1 STANDARD TERMS AND CONDITIONS (DOA-3054) 1.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The State of Wisconsin shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications, which may result in rejection of their bid/proposal. 2.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable. 3.0 QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the State of Wisconsin. 4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right to increase or decrease quantities to meet actual needs. 5.0 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified. 6.0 PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts. 6.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration. 6.2 Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be submitted to the contracting agency thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the contractor which are demonstrated to be industrywide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements. 6.3 In determination of award, discounts for early payment will only be considered when all other con- ditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30). 7.0 UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act. 8.0 ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the State of Wisconsin. Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid/proposal is due. Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a bid/proposal by the purchasing office. 9.0 METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified. UW Green Bay 32 of 40 07/26/2012 RFP GB 6175 10.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized. 11.0 PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. A good faith dispute creates an exception to prompt payment. 12.0 TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The State of Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials. 13.0 GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs. 14.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority. 15.0 APPLICABLE LAW: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel any contract with a federally debarred contractor or a contractor which is presently identified on the list of parties excluded from federal procurement and non-procurement contracts. 16.0 ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser). Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract. 17.0 ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the prior written consent of the State of Wisconsin. 18.0 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals. 19.0 NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. 19.1 Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor has a workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is awarded, the contractor must submit the plan to the contracting state agency for UW Green Bay 33 of 40 07/26/2012 RFP GB 6175 approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency. 19.2 The contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law. 19.3 Failure to comply with the conditions of this clause may result in the contractor's becoming declared an "ineligible" contractor, termination of the contract, or withholding of payment. 20.0 PATENT INFRINGEMENT: The contractor selling to the State of Wisconsin the articles described herein guarantees the articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe any United States patent. The contractor covenants that it will at its own expense defend every suit which shall be brought against the State of Wisconsin (provided that such contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit. 21.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the State of Wisconsin must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code, the Rules of the Industrial Commission on Safety, and all applicable OSHA Standards. 22.0 WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the contractor. 23.0 INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall: 23.1 Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work. 23.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage. 23.3 The state reserves the right to require higher or lower limits where warranted. 24.0 CANCELLATION: The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract. 25.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin. 26.0 PUBLIC RECORDS ACCESS: It is the intention of the state to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities. Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract. 27.0 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request, must be clearly stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted. However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation. 27.1 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot by copyrighted or patented. All data, docu- mentation, 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. UW Green Bay 34 of 40 07/26/2012 RFP GB 6175 Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary Information form (DOA-3027). Bidders/proposers may request the form if it is not part of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential. 28.0 DISCLOSURE: If a state public official (s. 19.42, Wis. Stats.), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123). State classified and former employees and certain University of Wisconsin faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis. Stats. 29.0 RECYCLED MATERIALS: The State of Wisconsin is required to purchase products incorporating recycled materials whenever technically and economically feasible. Bidders are encouraged to bid products with recycled content which meet specifications. 30.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s). 31.0 PROMOTIONAL ADVERTISING / NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its departments, agencies or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the State of Wisconsin. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency. 32.0 HOLD HARMLESS: The contractor will indemnify and save harmless the State of Wisconsin and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the contractor, or of any of its contractors, in prosecuting work under this agreement. 33.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of Corporation, P. O. Box 7846, Madison, WI 53707-7846; telephone (608) 266-3590. APPENDIX #2 Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681) UW Green Bay 35 of 40 07/26/2012 RFP GB 6175 1.0 ACCEPTANCE OF BID/PROPOSAL CONTENT: The contents of the bid/proposal of the successful contractor will become contractual obligations if procurement action ensues. 2.0 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: By signing this bid/proposal, the bidder/proposer certifies, and in the case of a joint bid/proposal, each party thereto certifies as to its own organization, that in connection with this procurement: 2.1 The prices in this bid/proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/proposer or with any competitor; 2.2 Unless otherwise required by law, the prices which have been quoted in this bid/proposal have not been knowingly disclosed by the bidder/proposer and will not knowingly be disclosed by the bidder/proposer prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other bidder/proposer or to any competitor; and 2.3 No attempt has been made or will be made by the bidder/proposer to induce any other person or firm to submit or not to submit a bid/proposal for the purpose of restricting competition. 2.4 Each person signing this bid/proposal certifies that: He/she is the person in the bidder's/proposer's organization responsible within that organization for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above; (or) He/she is not the person in the bidder's/proposer's organization responsible within that organization for the decision as to the prices being offered herein, but that he/she has been authorized in writing to act as agent for the persons responsible for such decisions in certifying that such persons have not participated, and will not participate in any action contrary to 2.1 through 2.3 above, and as their agent does hereby so certify; and he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above. 3.0 DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP: 3.1 Prior to award of any contract, a potential contractor shall certify in writing to the procuring agency that no relationship exists between the potential contractor and the procuring or contracting agency that interferes with fair competition or is a conflict of interest, and no relationship exists between the contractor and another person or organization that constitutes a conflict of interest with respect to a state contract. The Department of Administration may waive this provision, in writing, if those activities of the potential contractor will not be adverse to the interests of the state. 3.2 Contractors shall agree as part of the contract for services that during performance of the contract, the contractor will neither provide contractual services nor enter into any agreement to provide services to a person or organization that is regulated or funded by the contracting agency or has interests that are adverse to the contracting agency. The Department of Administration may waive this provision, in writing, if those activities of the contractor will not be adverse to the interests of the state. 4.0 DUAL EMPLOYMENT: Section 16.417, Wis. Stats., prohibits an individual who is a State of Wisconsin employee or who is retained as a contractor full-time by a State of Wisconsin agency from being retained as a contractor by the same or another State of Wisconsin agency where the individual receives more than $12,000 as compensation for the individual’s services during the same year. This prohibition does not apply to individuals who have full-time appointments for less than twelve (12) months during any period of time that is not included in the appointment. It does not include corporations or partnerships. 5.0 EMPLOYMENT: The contractor will not engage the services of any person or persons now employed by the State of Wisconsin, including any department, commission or board thereof, to provide services relating to this agreement without the written consent of the employing agency of such person or persons and of the contracting agency. 6.0 CONFLICT OF INTEREST: Private and non-profit corporations are bound by ss. 180.0831, 180.1911(1), and 181.0831 Wis. Stats., regarding conflicts of interests by directors in the conduct of state contracts. 7.0 RECORDKEEPING AND RECORD RETENTION: The contractor shall establish and maintain adequate records of all expenditures incurred under the contract. All records must be kept in accordance with generally UW Green Bay 36 of 40 07/26/2012 RFP GB 6175 accepted accounting procedures. All procedures must be in accordance with federal, state and local ordinances. The contracting agency shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents relating to any contract resulting from this bid/proposal held by the contractor. The contractor will retain all documents applicable to the contract for a period of not less than three (3) years after final payment is made. 8.0 INDEPENDENT CAPACITY OF CONTRACTOR: The parties hereto agree that the contractor, its officers, agents, and employees, in the performance of this agreement shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the state. The contractor agrees to take such steps as may be necessary to ensure that each subcontractor of the contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the state.
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