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State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 (R08/2003)
BIDS MUST BE SEALED AND ADDRESSED TO: Remove from bidder list for this commodity/service. (Return this page only.)
AGENCY ADDRESS: Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid
number. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting
Department of Administration purchasing office on or before the date and time that the bid is due. Bids dated and time stamped
Division of Enterprise Operations in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of
a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being
SBOP/CAPS properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not
101 East Wilson Street, 9th Floor included with sample packages or other bids. Bid openings are public unless otherwise specified.
Madison, WI 53703 Records will be available for public inspection after issuance of the notice of intent to award or the
If using PO Box, P.O. Box 7867, 53707-7867 award of the contract. Bidder should contact person named below for an appointment to view the
bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless
otherwise noted. The attached terms and conditions apply to any subsequent award.
REQUEST FOR BID # VA0950198
THIS IS NOT AN ORDER Bids MUST be in this office no later than
BIDDER (Name and Address) September 16, 2008 2:00 PM CT
Name (Contact for further information)
DAVID MARCUM
Phone Date
608-264-9590 August 19, 2008
Quote Price and Delivery FOB
Destination at King
Fax bids are accepted Fax bids are not accepted
Item Quantity Price
Description
No. and Unit Per Unit Total
1 1 each The Wisconsin Veterans Home at King is requesting bids for
fluid milk, dairy, ice cream and related products per Use cost Attachment A
specifications and conditions of bid and cost sheets. sheets
(Attachment A)
Bidders should carefully read all sections of this bid prior to
submitting a bid response.
FAX BIDS WILL NOT BE ACCEPTED.
EMAIL BIDS WILL NOT BE ACCEPTED.
Payment Terms Delivery Time
We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be
certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington
Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids.
We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center
Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.
Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in
our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United
States.
Yes No Unknown
In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free
competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder,
competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of
perjury.
We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.
Name of Authorized Company Representative (Type or Print) Title
Phone ( )
Fax ( )
Signature of Above Date e-mail.
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
STATE OF WISCONSIN
REQUEST FOR BIDS (RFB) # VA0950198
FOR:
Fluid Milk, Dairy and Related Products
TABLE OF CONTENTS
1.0 INTRODUCTION AND PURPOSE
2.0 BID PROCEDURE AND INSTRUCTIONS
3.0 BID ACCEPTANCE, REVIEW AND AWARD
4.0 SPECIFICATIONS
5.0 COST INFORMATION
6.0 REQUIRED FORMS
Request for Bid Form (DOA-3070), completed and signed
Cost Sheets (two pages) – Attachment A
Vendor Information (DOA-3477) – Attachment B
Vendor Reference (DOA-3478) – Attachment C
7.0 STANDARD TERMS AND CONDITIONS
DEFINITIONS
The following definitions are used throughout the Special Conditions of Bid:
Bidder means a firm submitting a bid in response to this Request for Bid
CAPS means Consolidated Agency Purchasing Services
Contractor means successful vendor awarded the bid
Department means Department of Veterans Affairs (WDVA)
DOA means Department of Administration
MBE means Minority Business Enterprise
RFB means Request for Bid
State means State of Wisconsin
WVH-K means Wisconsin Veterans Home at King
1.0 INTRODUCTION AND PURPOSE:
1.1 PURPOSE OF THE REQUEST FOR BIDS
The Department of Administration (DOA) through its Consolidated Agency Purchasing Services, (CAPS),
acting on behalf of the Department of Veterans Affairs, request bids for fluid milk, dairy, ice cream and
related products for the Wisconsin Veterans Home at King (WVH-K).
Conditions of bid that include the word “must” or “shall” describe a mandatory requirement. All
specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is
able to comply with a given specification, condition of bid or item, Purchasing reserves the right to delete
that specification, condition of bid or item.
The Wisconsin Department of Administration issues this Request for Bid (RFB) and is the sole point of
contact for the State of Wisconsin during the selection process. The person responsible for managing the
RFB procurement process is David Marcum.
1.2 REASONABLE ACCOMMODATIONS
The Department will provide reasonable accommodations, including the provision of informational material
in an alternative format, for qualified individuals with disabilities upon request. If you think you need
accommodations at a bid opening/vendor conference, contact David Marcum at 608-264-9590 (voice) or
608-264-9500 (FAX).
1.3 CONTRACT TERM AND RENEWAL
The State of Wisconsin Department of Administration, CAPS section intends to utilize the results of this bid
to award a contract on behalf of the Department of Veterans Affairs. This contract will be a one-year period
with the option to renew for two additional one-year periods by mutual agreement of the Wisconsin
Department of Veterans Affairs and Contractor.
1.4 CANCELLATION AND TERMINATION
The State reserves the right to cancel the resulting contract/agreement, for any reason, by giving written
notice to Contractor of such cancellation and specifying the effective date thereof, at least ten (10) days
before the effective date of such cancellation.
1.5 VENDORNET REGISTRATION
Only vendors registered with the State of Wisconsin’s VendorNet will receive future official notice for this
service/commodity. 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.
1.6 MINORITY PREFERENCE
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. 15.10(2), 16.75(4), 16.75(5) and 560.03(2), Wisconsin Statutes.
The contracting agency is committed to the promotion of minority business in the state’s purchasing
program.
Bids from certified Minority Business Enterprises may have points weighted by a factor of 1.00 to 1.05 to
provide up to a five percent (5%) preference to these businesses.
1.7 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’s policy provides that minority owned business enterprises certified by the
Wisconsin Department of Commerce, Bureau of Minority Development should have the maximum
opportunity to participate in the performance of its contracts. The awarded vendor 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 requested service or contract, with a
goal of awarding at least 5% of the award amount of this request for bid/proposal to such enterprises.
A listing of certified minority businesses, as well as the services and commodities they provide, is available
from the Department of Administration, Office of Minority Business Program, (608) 267-7806. The list is
published on the Internet at: http://www.doa.state.wi.us/deo/mbe/minority_search.asp
1.8 AFFIRMATIVE ACTION
As a State agency, the Department of Veterans Affairs requires contractors issued a purchase order
exceeding $25,000 to provide an Affirmative Action Plan. Failure to comply appropriately with these
requirements can lead to your company being banned from doing business with any agency of the State of
Wisconsin. Additionally, failure to comply can result in termination of this contract, or withholding of
payment. On the Vendor Information Sheet (DOA-3477) please provide the requested information.
1.9 TAX EXEMPTIONS AND CERTIFICATION OF COLLECTION OF SALES AND USE TAX
The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any
existing contract, if the vendor or contractor has not met or complied with the requirements of s.77.66 Wis.
Stats., and related statutes regarding certification for collection of sales and use tax.
The State of Wisconsin is exempt from payment of all federal tax and Wisconsin state and local taxes on its
purchase except Wisconsin excise taxes as defined in 12.0 of the Standard Terms and Conditions.
1.10 PAYMENT TERMS
The State agencies must meet a statutory mandate to pay or reject invoices within 30 days of receipt.
Before payment is made, the ordering agency must verify that all invoiced charges are correct and financial
conditions are in compliance with the contract and corresponding Purchase Order. Only properly submitted
invoices will be officially received for payment. Prompt payment requires that invoices be clear, complete
and in compliance with conditions of this Request for Bid and subsequent purchase orders.
Each invoice shall be itemized and must include any applicable purchase order number. Payment for
invoices that do not include detailed pricing information may be delayed until this information is received.
The original invoice and two (2) copies must be sent to the address on the purchase order.
1.11 INSURANCE
The contractor must maintain insurance coverage in accordance with section 23.0 Insurance
Responsibility, of the Standard Terms and Conditions. Certificate of Insurance must be provided, if
requested by the State.
2.0 BID PROCEDURES AND INSTRUCTIONS
2.1 SUBMITTAL OF BID
Vendors must submit an original, marked as such, and one (1) copy of all materials required for
acceptance of their bid by the deadline shown on the Request for Bid (DOA-3070) form to:
US POSTAL SERVICE ADDRESS COMMON CARRIER STREET ADDRESS
David Marcum, Procurement Specialist David Marcum, Procurement Specialist
Wisconsin Department of Administration Wisconsin Department of Administration
Div. of Enterprise Operations/CAPS Division of Enterprise Operations/CAPS
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P.O. Box 7867 101 E. Wilson Street, 9 Floor
Madison, Wisconsin 53707 7867 Madison, Wisconsin 53703-3405
Bids must be received by the receptionist in the above office. All bids must be time-stamped in by the
State Purchasing Office prior to the stated opening time. Bids not so stamped will be considered late.
Receipt of a bid by the State mail system does not constitute receipt of a bid by the State Purchasing
Office, for purposes of this request for bids.
All bids must be packaged, sealed, and show the following information on the outside of the package:
Vendor’s Name and Address
Request for Bids Title
Request for Bids Number
Bid Due Date
2.2 CALENDAR OF EVENTS
Listed below are important dates and times by which actions related to this Request for Bids (RFB) must be
completed. In the event that the State finds it necessary to change any of these dates and times it will do
so by issuing a supplement to this RFB.
DATE EVENT
August 19, 2008 Date of Issue of the RFB.
August 27, 2008 Vendor Questions Due.
September 4, 2008 Responses to Questions Posted.
September 16, 2008 Bids Due from Vendors.
2.3 FORMAT OF BID
Vendors responding to this RFB must comply with the following format requirements:
a) Signed Request For Bid Sheet: Bids submitted in response to this RFB must be signed by the
person in the vendor’s organization who is responsible for the decision as to the prices being offered in the
bid or by a person who has been authorized in writing to act as agent for the person responsible for the
decision on prices.
By submitting a signed bid, the vendor’s signatories certify that in connection with this procurement: (a) the
vendor’s organization or an agent of the vendor’s organization has arrived at the prices in its bid without
consultation, communication or agreement with any other respondent or with any competitor for the
purpose of restricting competition, (b) the prices quoted in the bid have not been knowingly disclosed by
the vendor’s organization or by any agent of the vendor’s organization and will not be knowingly disclosed
by same, directly or indirectly, to any other respondent or to any competitor, and (c) no attempt has been
made or will be made by the vendor’s organization or by any agent of the vendor’s organization to induce
any other person or firm to submit or not to submit a bid for the purpose of restricting competition.
b) Additional Information: Include the completed Vendor Information Sheet and Vendor Reference
Sheet and any other forms required in the bid. Include all additional information that will be essential to an
understanding of the bid. This might include diagrams, excerpts from manuals, or other explanatory
documentation that would clarify and/or substantiate the bid document.
c) Cost Information: Provide cost information on the Cost Sheets (Attachment A). All costs for
furnishing the product(s) must be included. Prices listed should be in US dollars unless otherwise
indicated.
2.4 MULTIPLE BIDS
Multiple bids from a vendor will be permissible; however each bid must conform fully to the requirements
for bid submission. Each such bid must be separately submitted and labeled as Bid #1, Bid #2, etc. on
each page included in the response. Alternate acquisition plans do not constitute multiple bids.
2.5 INCURRING COSTS
The State of Wisconsin is not liable for any cost incurred by a vendor in the process of responding to this
RFB.
2.6 CORRESPONDENCE AND QUESTIONS
All correspondence regarding this bid must refer to Request for Bid # VA0950198. All questions or inquiries
concerning this bid request must be submitted in writing to David Marcum no later than August 27, 2008.
USPS ADDRESS COMMON CARRIER STREET ADDRESS
David Marcum, Procurement Specialist David Marcum, Procurement Specialist
Wisconsin Department of Administration Wisconsin Department of Administration
Div. of Enterprise Operations/CAPS Division of Enterprise Operations/CAPS
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P.O. Box 7867 101 E. Wilson Street, 9 Floor
Madison, Wisconsin 53707 7867 Madison, Wisconsin 53703-3405
FAX # 608-264-9500 david.marcum@wisconsin.gov
Vendors are expected to raise any questions, exceptions, or additions they have concerning the RFB
document at this point in the RFB process. If a vendor discovers any significant ambiguity, error, conflict,
discrepancy, omission, or other deficiency in this RFB, the vendor should immediately notify the above
named individual of such error and request modification or clarification of the RFB document.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any
part of this RFB, supplements or revisions will be posted on VendorNet.
If a vendor attempts to contact, orally or in writing, any employee of the Department of Veterans Affairs,
other than David Marcum or other Purchasing staff, on any matter related to the bid, the vendor may be
disqualified. Violation of this condition may be considered sufficient cause for rejection of a proposal,
irrespective of any other considerations.
2.7 NEWS RELEASES
News releases pertaining to the RFB or to the acceptance, rejection, or evaluation of bids shall not be
made without the prior written approval of the State.
2.8 VENDOR REFERENCES
Bidder must include in its bid response a completed Vendor Reference form, which is attached, listing at least three
(3) vendors with whom the bidder has done business like that required by this solicitation within the last three (3)
years. For each client/customer/buyer/organization listed, the bidder must include the company name, address,
contact person and telephone number along with a brief description of the product, which was the basis for the
business relationship.
3.0 BID ACCEPTANCE, REVIEW AND AWARD
3.1 METHOD OF BID
Bidder must submit a completed, two-page Cost Sheet (Attachment A). For each item shown on the Cost
Sheets, the bidder is to supply pack size, number of packs required to meet our estimated annual use,
pack price, and total. The bid sheet for each group (A and B) must be completed in its entirety. Partial
submissions per sheet are unacceptable. Bidders desiring to submit bids for only one group may do so
by indicating “Not Applicable” on the non-bid Cost Sheet.
3.2 BID OPENING
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Bids will be opened on September 16, 2008 at 2:00 PM CT, on the 9 floor of the Department of
Administration building located at 101 East Wilson Street, Madison, Wisconsin. Names of the bidders may
be read aloud at that time.
3.3 BID ACCEPTANCE
Bids which do not comply with instructions or are unable to comply with specifications contained in this
RFB may be rejected by the State. The State may request reports on a vendor’s financial stability and if
financial stability is not substantiated may reject a vendor’s bid. The State retains the right to accept or
reject any or all bids, or accept or reject any part of a bid deemed to be in the best interest of the State.
The State shall be the sole judge as to compliance with the instructions contained in this RFB.
3.4 BID REVIEW
Bids will be reviewed by the Department’s purchasing agent and program manager to verify that they will
meet all specified requirements in this RFB. This verification may include requesting reports on the
vendor’s financial stability, conducting demonstrations of the vendor’s proposed products(s) and/or
service(s), and reviewing results of past awards to the vendor by the State of Wisconsin.
Bids from certified Minority Business Enterprises may be provided up to a five percent (5%) bid preference
in accordance with Wis. Stats. s. 16.75(3m).
3.5 METHOD OF AWARD
Awards will be based upon the lowest total cost for each group (Group 1 and Group 2) from the lowest
responsive, responsible bidder to meet or exceed the specifications in Section 4. There will be two awards
that may or may not be to the same contractor. The State is the sole judge of acceptability of bids
submitted.
3.6 NOTIFICATION OF AWARD
Any vendors who respond to this RFB, with a bid, will be notified in writing of the State’s intent to award of
this RFB.
After notification of an award is made, and under the supervision of agency staff, copies of bids will be
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available for public inspection from 8:30 a.m. to 4:00 p.m. at 101 E. Wilson St., 9 floor, Madison WI.
Vendors should call 608-266-0312 to ensure that space is available for the review.
4.0 SPECIFICATIONS
All specifications in this section are mandatory.
Specifications may not be revised without an official written amendment being issued.
4.1 GENERAL:
Delivery Location: Wisconsin Veterans Home at King, Central Kitchen Cooler, N2665 County Rd
QQ, King, WI 54946
Type Delivery Required: To cooler & rotated
Number of Delivery Locations: One
Number of Deliveries Required per week: Three
Deliveries to be made between 5:45 a.m. and 2:00 p.m.
All perishable products shall be delivered in enclosed, clean, refrigeration equipped delivery
vehicles at appropriate temperatures, 35 degrees F or below for chilled foods and 0 degrees F or
frozen hard for frozen foods.
Items and quantities listed on the following pages are annual estimates based on State of Wisconsin
fiscal year 2007-2008 consumption. These estimates are for bidding and evaluation purposes only and
do not guarantee any level of service.
Institutional requirements may vary during holiday periods. Delivery quantities shall be based on
actual daily needs as determined by an authorized representative of the WVH-K. The WVH-K may
issue written or telephone orders a minimum of two (2) days in advance of the required delivery
date. "Keep fill" service to be available on request.
Current
Group 1: FLUID MILK, DAIRY & RELATED PRODUCTS Pack Size Est. Annual Use
Item
Milk, reduced-fat, homogenized, pasteurized, fortified, 2% milk fat, 1 gallon 1 gallon 500 gallons
container
Milk, homogenized, pasteurized, fortified, minimum 3.25% milk fat, 1 gallon 1 gallon 2,200 gallons
container
Milk, Nonfat, pasteurized, fortified, minimum 0.5% milk fat, 1 gallon container 1 gallon 20 gallons
Milk, homogenized, pasteurized, fortified, 3.25% milk fat, 1/2 pint carton 1/2 pint carton 110,000 cartons
Milk, nonfat, homogenized, pasteurized, fortified, 0.5% milk fat, 1/2 pint carton 1/2 pint carton 185,000 cartons
Milk, reduced-fat, homogenized, pasteurized, fortified, 2% milk fat, 1/2 pint 1/2 pint carton 380,000 cartons
carton
Milk, Chocolate, reduced-fat, homogenized, pasteurized, fortified, 1% milk fat, 1/2 pint carton 11,000 cartons
1/2 pint carton
Milk, Chocolate, reduced-fat, homogenized, pasteurized, fortified, 1% milk fat, ½ ½ gallon 2,200 containers
gallon container
Buttermilk, cultured, homogenized, pasteurized, fortified,minimum 8.25% milk 1/2 gallon 1,400 containers
solids, 1/2 gallon container
Cottage cheese, creamed, reduced fat, 2% milk fat, by weight, small or large 5# container 1,200 containers
curd, 5# container
Cream, Sour, cultured, 5# container 5# container 275 containers
Cream, Light Sour, cultured, 5# container 5# container 150 containers
Coffee Creamer, half and half, ultrapasteurized, 1/2 oz. Portion pack 352 count case 400 cases
Cream, Sour, acidified, 1 oz. Portion Pack 96 count case 60 cases
Empty Gallon Jugs, Plastic 48 count bag 150 bags
Empty 1/2 gallon jugs, Plastic 108 count bag 80 bags
Plastic caps for jugs 2400 count bag 6 bags
Current Estimated (Usage
Pack Size Annual Usage Equivalents)
Group 2: ICE CREAM, ETC.
Item
Ice Cream Cups, Vanilla, pasteurized, minimum 10% 24 1499 boxes 35,976 cups
milk fat, 4 oz. Styrofoam cups, 24 cups/box cups/box
Ice Cream Cups, Chocolate, pasteurized, minimum 24 550 boxes 13,200 cups
10% milk fat, 4 oz. Styrofoam cups, 24 cups/box cups/box
Ice Cream Cups, Strawberry, pasteurized, minimum 24 420 boxes 10,080 cups
10% milk fat, 4 oz. Styrofoam cups, 24 cups/box cups/box
Ice Cream, Chocolate Sundae Cups, pasteurized, 24 450 boxes 10,800 cups
minimum 10% milk fat, assrted flavors, 4 oz. Styrofoam cups/box
cups, 24 cups/box
Ice Cream, Butterscotch Sundae Cups, pasteurized, 24 380 boxes 9,120 cups
minimum 10% milk fat, 4 oz. Styrofoam cups, 24 cups/box
cups/box
Ice Cream, Strawberry Sundae Cups, pasteurized, 24 50 boxes 1,200 cups
minimum 10% milk fat, 4 oz. Styrofoam cups, 24 cups/box
cups/box
Milk Sherbet Cups, Lemon, pasteurized, minimum 1% 24 210 boxes 5,040 cups
milk fat, 2% milk solids, 4 oz. Styrofoam cups, 24 cups/box
cups/box
Milk Sherbet Cups, Orange, pasteurized, minimum 1% 24 300 boxes 7,200 cups
milk fat, 2% milk solids, 4 oz. Styrofoam cups, 24 cups/box
cups/box
Milk Sherbet Cups, Lime, pasteurized, minimum 1% 24 200 boxes 4,800 cups
milk fat, 2% milk solids, 4 oz. Styrofoam cups, 24 cups/box
cups/box
Milk Sherbet Cups, Raspberry, pasteurized, minimum 24 155 boxes 3,720 cups
1% milk fat, 2% milk solids, 4 oz. Styrofoam cups, 24 cups/box
cups/box
Frozen Yogurt Cups, Chocolate, pasteurized, 4 oz. 24 60 boxes 1,440 cups
Styrofoam cups, 24 cups/box cups/box
Frozen Yogurt Cups, Peach, pasteurized, 4 oz. 24 325 boxes 7,800 cups
Styrofoam cups, 24 cups/box cups/box
Frozen Yogurt Cups, Strawberry, pasteurized, 4 oz. 24 150 boxes 3,600 cups
Styrofoam cups, 24 cups/box cups/box
Frozen Yogurt, Vanilla, pasteurized, low fat, 3 gallon 3 gallon 70 cartons
carton carton
Ice Cream Cups, Holiday flavors: Eggnog, Pumpkin, 24 Each Total:
Candy Cane, Mint 'N Fudge, Choc o Malt, cups/box flavor: 9,600 cups
pasteurized, minimum 10% milk fat, 4 oz. Styrofoam 400 boxes
cups, 24 cups/box
4.2 GRADE AND REGULATIONS: Fluid Milk and Dairy Products supplied in this contract shall be Grade A
and shall be produced in accordance with all applicable Federal and State Regulations. Products shall also
meet the requirements of the Wisconsin Administrative Code, Rules of the State Department of Agriculture
and/or City Health Department (if applicable) and be produced in accordance with the rules of and certified
by the State Division of Health.
All products supplied shall be dated with either the date of manufacture or the last date product may be
sold. Products shall have a minimum of seven (7) days shelf life at the time of delivery. If product dating is
coded, the coding key shall be furnished to Wisconsin Veterans Home in King.
4.3 SPECIFICATION COMPLIANCE INSPECTION, TEST PROCEDURES, AND DEVIATION: In the event of
questionable products, inspection and tests to assure product specification compliance may be used. Cost
of the inspection for private laboratory analysis including transportation of samples to the laboratory will be
paid by the losing party. The laboratory findings shall be binding. If a problem of wholesomeness or
noncompliance with a specification is verified, the contractor agrees to replace all the product with product
that is wholesome and meets specifications within 72 hours of notification, all at contractor's expense. If
this is not done, the institution may purchase from any vendor locally and charge the vendor the difference
above contract price for replacement product. Failure to correct shall subject the contractor to possible
cancellation of contract and removal from the State's eligible bidders list.
4.4 PRODUCT PACKAGING AND DATE CODING: Products shall be packaged in accordance with the
Wisconsin Administrative Code, Chapters Ag. 80.08 and Ag. 80.15 and shall be furnished as stated on the
attached bid forms. Cartons are to be delivered free of dust and dirt. Cartons/cases rejected for not
meeting standards of cleanliness shall be replaced within 24 hours. Packages found to be leaking shall be
held for credit or exchange. The Wisconsin Veterans Home at King, at its option, may request the
Wisconsin Department of Agriculture, Weights and Measures Division, to inspect any packages of product
which are suspected to be "short filled". Should any package be judged to be "short filled", the contractor
shall replace or financially reimburse the institution for all such delivered product. Product labeling shall
conform to the Wisconsin Administrative Code Chapter Ag. 80.16.
4.5 GUARANTEED DELIVERY: Deliveries, which are incomplete after 2:30 p.m. on Friday of the scheduled
delivery week, may be canceled. The institution will call vendor to cancel order and also send written
notification of cancellation. Product required on said canceled orders may be purchased elsewhere with
the contractor to bear any cost in excess of the contract price including delivery and/or pickup cost.
Continued back orders may cause cancellation of contract and removal from the State's eligible bidders list.
To liquidate the effect of such damages, the contractor agrees that such damages may be deducted from
invoices payable to the contractor at the option of the State, and that any amount outstanding over and
above the amounts deductible from invoices will be promptly tendered by check by the contractor to the
State, upon written declaration of damage liquidation by the State.
4.6 BACK ORDERS: The contractor shall promptly notify the institution by telephone as to expected delivery
date for any item indicated as "back ordered". Failure to deliver "back ordered" items by Friday of the
scheduled delivery week shall subject these items to the non-delivery penalty.
4.7 FIRM PRICES: Bidders shall use the formula based on CMPC (Central Milk Producers Cooperative) prices
for items in Class I (fluid milk) and Class II (cottage cheese, cultured sour cream and yogurt) products.
Prices for products covered by formulas and market indicators shall remain firm for the initial contract
month; thereafter, prices shall be adjusted on a monthly basis per the Escalation Formula as outlined
herein under Paragraph 4.8.
After the initial contract month, price adjustments shall be made monthly when the Class I and/or Class II
costs per hundred weight change based on CMPC producers direct delivery to an order 30 buyer, Chicago
Metropolitan raw milk prices, including shipping, handling and administrative fees, as announced by the
Central Milk Producers Co-op, Schaumberg, IL, per the formulas found in Paragraph 4.8
The contractor shall be responsible for notifying the Wisconsin Veterans Home at King of changes to the
CMPC format which determines the monthly Class I and Class II price announcements. Documentation of
changes in the format must accompany this notification. Upon review of the new format, new base prices
will be established for the use in the contract formulas by the contractor and the Home.
4.8 ESCALATION FORMULA: After the initial contract month (thirty (30) days), price adjustments shall be
made monthly when the Class I and/or II costs per hundred weight change based on CMPC producers
direct delivery to an order 30 buyer, Chicago Metropolitan raw milk prices including shipping, handling, and
administrative fees, as announced by the Central Milk Producers Cooperative, Schaumberg, Illinois, per the
following formula:
Base Month CMPC prices for calculating future prices is as follows: (August 2008 price announcement)
Class I Class II Butterfat
$18.67 per cwt. $13.96 per cwt. $171.85 per cwt.
Fluid Milk Products (Class I): For each $0.10 per hundred weight increment or fraction thereof that
Class I, skim milk, advances or declines, prices for individual fluid products shall be adjusted as follows,
with fractional increments prorated:
Half pints:
Vit. D Whole $0.00052 unit
Red. Fat 2% $0.00053 unit
Fat Free Skim $0.00054 unit
Half gallons (all) $0.0048 unit
Gallons (all) $0.0096 unit
For each $0.10 per hundred weight increment or fraction thereof that Class 1 butterfat advances
or declines, prices for individual fluid products shall be adjusted as follows, with fractional
increments prorated.
Half pints:
Vit. D Whole $0.0018 unit
Red. Fat 2% $0.0011 unit
Fat Free Skim $0.0001 unit
Half gallons (all) $0.0088 unit
Gallons (all) $0.0176 unit
CMPC New Price (cwt), Class 1 Skim Milk
- CMPC Base Price (cwt), Class 1 Skim Milk
= Price Difference
Price Difference ÷ $.10 x unit allowance = Amount of Skim Milk
Adjustment per unit
CMPC New Price (lb), Class 1 Butterfat
- CMPC Base Price (lb), Class 1 Butterfat
= Price Difference
Price Difference ÷ $.10 x unit allowance = Amount of Butterfat
Adjustment per unit
Skim Milk Adjustment + Butterfat Adjustment = Total Adjustment
Cottage Cheese Products (Class II – cultured sour cream, yogurt, ice milk mix): For each
$0.12 per hundred weight increment or fraction thereof that milk, Class II (3.5% butterfat test), advances or
declines, prices shall be adjusted $0.01 per pound with fractional increments prorated.
CMPC New Price
- CMPC Base Price
= Price Difference
Price difference ÷ $.12 x $.01 = Amount of Adjustment
Resulting product price changes shall be effective on the date of the revision to the cost per hundred
weight of Class I and Class II Products.
NOTE: CMPC (country plants) price includes handling charge (C) and Federal Order 30
4.9 SAMPLES & TESTING: Bidders may be required to submit samples of products that have been bid for
testing against the specifications of this bid. Samples requested after bid opening must be delivered to the
designated location within the time specified. All samples will be evaluated by the Wisconsin Veterans
Home at King in an identical manner to determine whether the products conform to the specifications of the
bid. Samples not meeting bid specifications will be rejected by the Home. The bidder will be notified,
in writing, to pick up the rejected samples at the bidder’s expense, within five (5) working days of the date
of such notification. Any rejected samples not picked up in the designated time period will be disposed of
as the Wisconsin Veterans Home at King sees fit.
4.10 ADDITIONAL INFORMATION: All products requested in ½ pint containers are to be furnished in what is
commonly known in the industry as either “economy” or “slim pack” containers, and are to be delivered in
standard 13” x 13” x 11” plastic milk crates. These requirements are necessary as product must conform to
existing meal delivery and dispensing equipment. Samples of packaging and product shall be submitted
for sampling and testing.
4.11 Specifications may not be revised without an official written amendment issued by the Department of
Administration, CAPS section
Failure to provide product specifications and information for item(s) bid may disqualify your bid. The State
of Wisconsin will be the sole judge of equivalent acceptability.
5.0 COST INFORMATION
5.1 Pricing.
Bidder must complete the pricing information on the Cost Sheets (Attachment A).
6.0 REQUIRED FORMS
The following forms must be completed and submitted with the bid. Blank forms are attached.
Request for Bid Form (DOA-3070), completed and signed
Cost Sheets (two pages) – Attachment A
Vendor Information (DOA-3477) – Attachment B
Vendor Reference (DOA-3478) – Attachment C
Fluid Milk, Dairy & Related Products Due Date: September 16, 2008
RFB # VA0950198 STATE OF WISCONSIN
ATTACHMENT A
Cost Sheet
Group 1: Fluid Milk, Dairy & Related Products
Current Pack
Item Pack Est. Annual Use Pack No. packs req'd Total
Size size Price
Group 1: Fluid Milk, Dairy & Related Products
Milk, reduced-fat, homogenized, pasteurized, 1 gallon 500 gallons
fortified, 2% milk fat, 1 gallon container
Milk, homogenized, pasteurized, fortified, minimum 1 gallon 2,200 gallons
3.25% milk fat, 1 gallon container
Milk, Nonfat, pasteurized, fortified, minimum 0.5% 1 gallon 20 gallons
milk fat, 1 gallon container
Milk, homogenized, pasteurized, fortified, 3.25% milk 1/2 pint 110,000 cartons
fat, 1/2 pint carton carton
Milk, nonfat, homogenized, pasteurized, fortified, 1/2 pint 185,000 cartons
0.5% milk fat, 1/2 pint carton carton
Milk, reduced-fat, homogenized, pasteurized, 1/2 pint 380,000 cartons
fortified, 2% milk fat, 1/2 pint carton carton
Milk, Chocolate, reduced-fat, homogenized, 1/2 pint 11,000 cartons
pasteurized, fortified, 1% milk fat, 1/2 pint carton carton
Milk, Chocolate, reduced-fat, homogenized, ½ 2,200 containers
pasteurized, fortified, 1% milk fat, ½ gallon container gallon
Buttermilk, cultured, homogenized, pasteurized, 1/2 1,400 containers
fortified, minimum 8.25% milk solids, 1/2 gallon gallon
container
Cottage cheese, creamed, reduced fat, 2% milk 5# 1,200 containers
fat, by weight, small or large curd, 5# container contain
er
Cream, Sour, cultured, 5# container 5# 275 containers
contain
er
Cream, Light Sour, cultured, 5# container 5# 150 containers
contain
er
Coffee Creamer, half and half, ultrapasteurized, 1/2 352 400 cases
oz. Portion pack count
case
Cream, Sour, acidified, 1 oz. Portion Pack 96 60 cases
count
case
Empty Gallon Jugs, Plastic 48 150 bags
count
bag
Empty 1/2 gallon jugs, Plastic 108 80 bags
count
bag
Plastic caps for jugs 2400 6 bags
count
bag
Total Cost $_________________
Name: ___________________________________________________
Company Name: ___________________________________________
Date: ____________________________________________________
Signature: ________________________________________________
ATTACHMENT A
Cost Sheet
Group 2: Ice Cream, Etc.
Current Estimated (Usage Pack # Packs Unit Total
Pack Size Annual Usage Equivalents) Size Required Price
Item
Group 2: ICE CREAM, ETC.
Ice Cream Cups, Vanilla, pasteurized, minimum 10% 24 1499 boxes 35,976 cup
milk fat, 4 oz. Styrofoam cups, 24 cups/box cups/box s
Ice Cream Cups, Chocolate, pasteurized, minimum 24 550 boxes 13,200 cup
10% milk fat, 4 oz. Styrofoam cups, 24 cups/box cups/box s
Ice Cream Cups, Strawberry, pasteurized, minimum 24 420 boxes 10,080 cup
10% milk fat, 4 oz. Styrofoam cups, 24 cups/box cups/box s
Ice Cream, Chocolate Sundae Cups, pasteurized, 24 450 boxes 10,800 cup
minimum 10% milk fat, assorted flavors, 4 oz. cups/box s
Styrofoam cups, 24 cups/box
Ice Cream, Butterscotch Sundae Cups, pasteurized, 24 380 boxes 9,120 cup
minimum 10% milk fat, 4 oz. Styrofoam cups, 24 cups/box s
cups/box
Ice Cream, Strawberry Sundae Cups, pasteurized, 24 50 boxes 1,200 cup
minimum 10% milk fat, 4 oz. Styrofoam cups, 24 cups/box s
cups/box
Milk Sherbet Cups, Lemon, pasteurized, minimum 1% 24 210 boxes 5,040 cup
milk fat, 2% milk solids, 4 oz. Styrofoam cups, 24 cups/box s
cups/box
Milk Sherbet Cups, Orange, pasteurized, minimum 24 300 boxes 7,200 cup
1% milk fat, 2% milk solids, 4 oz. Styrofoam cups, 24 cups/box s
cups/box
Milk Sherbet Cups, Lime, pasteurized, minimum 1% 24 200 boxes 4,800 cup
milk fat, 2% milk solids, 4 oz. Styrofoam cups, 24 cups/box s
cups/box
Milk Sherbet Cups, Raspberry, pasteurized, minimum 24 155 boxes 3,720 cup
1% milk fat, 2% milk solids, 4 oz. Styrofoam cups, 24 cups/box s
cups/box
Frozen Yogurt Cups, Chocolate, pasteurized, 4 oz. 24 60 boxes 1,440 cup
Styrofoam cups, 24 cups/box cups/box s
Frozen Yogurt Cups, Peach, pasteurized, 4 oz. 24 325 boxes 7,800 cup
Styrofoam cups, 24 cups/box cups/box s
Frozen Yogurt Cups, Strawberry, pasteurized, 4 oz. 24 150 boxes 3,600 cup
Styrofoam cups, 24 cups/box cups/box s
Frozen Yogurt, Vanilla, pasteurized, low fat, 3 gallon 3 gallon 70 cartons
carton carton
Ice Cream Cups, Holiday flavors: Eggnog, Pumpkin, 24 Each Total:
Candy Cane, Mint 'N Fudge, Choc o Malt, cups/box flavor: 9,600 cup
pasteurized, minimum 10% milk fat, 4 oz. Styrofoam 400 boxes s
cups, 24 cups/box
Total Cost $________________
Name: ___________________________________________________
Company Name: __________________________________________
Date: ____________________________________________________
Signature: ________________________________________________
Bid / Proposal # VA0950198
STATE OF WISCONSIN
DOA-3477 (R05/98) Commodity / Service Fluid Milk and Dairy Products
VENDOR INFORMATION ATTACHMENT B
1. BIDDING / PROPOSING COMPANY NAME
Phone ( ) Toll Free Phone ( )
FAX ( ) E-Mail Address
Address
City State Zip + 4
2. Name the person to contact for questions concerning this bid / proposal.
Name Title
Phone ( ) Toll Free Phone ( )
FAX ( ) E-Mail Address
Address
City State Zip + 4
3. Any vendor awarded over $25,000 on this contract must submit affirmative action information to the
department. Please name the Personnel / Human Resource and Development or other person responsible
for affirmative action in the company to contact about this plan.
Name Title
Phone ( ) Toll Free Phone ( )
FAX ( ) E-Mail Address
Address
City State Zip + 4
4. Mailing address to which state purchase orders are mailed and person the department may contact
concerning orders and billings.
Name Title
Phone ( ) Toll Free Phone ( )
FAX ( ) E-Mail Address
Address
City State Zip + 4
5. CEO / President Name
STATE OF WISCONSIN Bid / Proposal # VA0950198
DOA-3478 (R12/96)
ATTACHMENT C
VENDOR REFERENCE
FOR VENDOR:
Provide company name, address, contact person, telephone number, and appropriate information on the
product(s) and/or service(s) used for four (4) or more installations with requirements similar to those included in
this solicitation document. If vendor is proposing any arrangement involving a third party, the named references
should also be involved in a similar arrangement.
Company Name
Address (include Zip + 4)
Contact Person Phone No.
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person Phone No.
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person Phone No
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person Phone No.
Product(s) and/or Service(s) Used
This document can be made available in accessible formats to qualified individuals with disabilities.
7.0 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 RFB (Standard Terms and Conditions (DOA-3054) and
Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681)). Failure of the
successful proposer to accept these obligations in a contractual agreement may result in cancellation of the award.
Wisconsin Department of Administration
DOA-3054 (R10/2005)
Ch. 16, 19, 51, Wis. Stats.
Page 1 of 3
Standard Terms And Conditions
(Request For Bids / Proposals)
1.0 SPECIFICATIONS: The specifications in this request are
the minimum acceptable. When specific manufacturer and 7.0 UNFAIR SALES ACT: Prices quoted to the State of
model numbers are used, they are to establish a design, Wisconsin are not governed by the Unfair Sales Act.
type of construction, quality, functional capability and/or
performance level desired. When alternates are 8.0 ACCEPTANCE-REJECTION: The State of Wisconsin
bid/proposed, they must be identified by manufacturer, stock reserves the right to accept or reject any or all
number, and such other information necessary to establish bids/proposals, to waive any technicality in any bid/proposal
equivalency. The State of Wisconsin shall be the sole judge submitted, and to accept any part of a bid/proposal as
of equivalency. Bidders/proposers are cautioned to avoid deemed to be in the best interests of the State of
bidding alternates to the specifications which may result in Wisconsin.
rejection of their bid/proposal.
Bids/proposals MUST be date and time stamped by the
2.0 DEVIATIONS AND EXCEPTIONS: Deviations and excep- soliciting purchasing office on or before the date and time
tions from original text, terms, conditions, or specifications that the bid/proposal is due. Bids/proposals date and time
shall be described fully, on the bidder’s/proposer’s letter- stamped in another office will be rejected. Receipt of a
head, signed, and attached to the request. In the absence bid/proposal by the mail system does not constitute receipt
of such statement, the bid/proposal shall be accepted as in of a bid/proposal by the purchasing office.
strict compliance with all terms, conditions, and specifica-
tions and the bidders/proposers shall be held liable. 9.0 METHOD OF AWARD: Award shall be made to the lowest
responsible, responsive bidder unless otherwise specified.
3.0 QUALITY: Unless otherwise indicated in the request, all
material shall be first quality. Items which are used, 10.0 ORDERING: Purchase orders or releases via purchasing
demonstrators, obsolete, seconds, or which have been cards shall be placed directly to the contractor by an
discontinued are unacceptable without prior written approval authorized agency. No other purchase orders are
by the State of Wisconsin. authorized.
4.0 QUANTITIES: The quantities shown on this request are 11.0 PAYMENT TERMS AND INVOICING: The State of
based on estimated needs. The state reserves the right to Wisconsin normally will pay properly submitted vendor
increase or decrease quantities to meet actual needs. invoices within thirty (30) days of receipt providing goods
and/or services have been delivered, installed (if required),
5.0 DELIVERY: Deliveries shall be F.O.B. destination freight and accepted as specified.
prepaid and included unless otherwise specified.
Invoices presented for payment must be submitted in
6.0 PRICING AND DISCOUNT: The State of Wisconsin accordance with instructions contained on the purchase
ompefies for governmental discounts and its educational order including reference to purchase order number and
institutions also qualify for educational discounts. Unit submittal to the correct address for processing.
prices shall reflect these discounts.
A good faith dispute creates an exception to prompt
6.1 Unit prices shown on the bid/proposal or contract payment.
shall be the price per unit of sale (e.g., gal., cs., doz.,
ea.) as stated on the request or contract. For any 12.0 TAXES: The State of Wisconsin and its agencies are
given item, the quantity multiplied by the unit price exempt from payment of all federal tax and Wisconsin state
shall establish the extended price, the unit price shall and local taxes on its purchases except Wisconsin excise
govern in the bid/proposal evaluation and contract taxes as described below.
administration.
The State of Wisconsin, including all its agencies, is
6.2 Prices established in continuing agreements and required to pay the Wisconsin excise or occupation tax on
term contracts may be lowered due to general market its purchase of beer, liquor, wine, cigarettes, tobacco
conditions, but prices shall not be subject to increase products, motor vehicle fuel and general aviation fuel.
for ninety (90) calendar days from the date of award. However, it is exempt from payment of Wisconsin sales or
Any increase proposed shall be submitted to the use tax on its purchases. The State of Wisconsin may be
contracting agency thirty (30) calendar days before subject to other states’ taxes on its purchases in that state
the proposed effective date of the price increase, and depending on the laws of that state. Contractors perform-
shall be limited to fully documented cost increases to ing construction activities are required to pay state use tax
the contractor which are demonstrated to be ompe- on the cost of materials.
trywide. The conditions under which price increases
may be granted shall be expressed in bid/proposal 13.0 GUARANTEED DELIVERY: Failure of the contractor to
documents and contracts or agreements. adhere to delivery schedules as specified or to promptly
replace rejected materials shall render the contractor liable
6.3 In determination of award, discounts for early for all costs in excess of the contract price when alternate
payment will only be considered when all other con- procurement is necessary. Excess costs shall include the
ditions are equal and when payment terms allow at administrative costs.
least fifteen (15) days, providing the discount terms
are deemed favorable. All payment terms must allow
the option of net thirty (30).
14.0 ENTIRE AGREEMENT: These Standard Terms and awarded, the contractor must submit the plan to the
Conditions shall apply to any contract or order awarded as contracting state agency for approval. Instructions
a result of this request except where special requirements on preparing the plan and technical assistance
are stated elsewhere in the request; in such cases, the regarding this clause are available from the
special requirements shall apply. Further, the written contracting state agency.
contract and/or order with referenced parts and attach-
ments shall constitute the entire agreement and no other 19.2 The contractor agrees to post in conspicuous places,
terms and conditions in any document, acceptance, or available for employees and applicants for employ-
acknowledgment shall be effective or binding unless ment, a notice to be provided by the contracting state
expressly agreed to in writing by the contracting authority. agency that sets forth the provisions of the State of
Wisconsin’s nondiscrimination law.
15.0 APPLICABLE LAW: This contract shall be governed under
the laws of the State of Wisconsin. The contractor shall at 19.3 Failure to comply with the conditions of this clause
all times comply with and observe all federal and state may result in the contractor’s becoming declared an
laws, local laws, ordinances, and regulations which are in “ineligible” contractor, termination of the contract, or
effect during the period of this contract and which in any withholding of payment.
manner affect the work or its conduct. The State of
Wisconsin reserves the right to cancel this contract if the 20.0 PATENT INFRINGEMENT: The contractor selling to the
contractor fails to follow the requirements of s. 77.66, Wis. State of Wisconsin the articles described herein guarantees
Stats., and related statutes regarding certification for the articles were manufactured or produced in accordance
collection of sales and use tax. The State of Wisconsin with applicable federal labor laws. Further, that the sale or
also reserves the right to cancel this contract with any use of the articles described herein will not infringe any
federally debarred contractor or a contractor that is United States patent. The contractor covenants that it will
presently identified on the list of parties excluded from at its own expense defend every suit which shall be brought
federal procurement and non-procurement contracts. against the State of Wisconsin (provided that such
contractor is promptly notified of such suit, and all papers
16.0 ANTITRUST ASSIGNMENT: The contractor and the State therein are delivered to it) for any alleged infringement of
of Wisconsin recognize that in actual economic practice, any patent by reason of the sale or use of such articles, and
overcharges resulting from antitrust violations are in fact agrees that it will pay all costs, damages, and profits recov-
usually borne by the State of Wisconsin (purchaser). erable in any such suit.
Therefore, the contractor hereby assigns to the State of
Wisconsin any and all claims for such overcharges as to 21.0 SAFETY REQUIREMENTS: All materials, equipment, and
goods, materials or services purchased in connection with supplies provided to the State of Wisconsin must comply
this contract. fully with all safety requirements as set forth by the
Wisconsin Administrative Code and all applicable OSHA
17.0 ASSIGNMENT: No right or duty in whole or in part of the Standards.
contractor under this contract may be assigned or dele-
gated without the prior written consent of the State of 22.0 WARRANTY: Unless otherwise specifically stated by the
Wisconsin. bidder/proposer, equipment purchased as a result of this
request shall be warranted against defects by the
18.0 WORK CENTER CRITERIA: A work center must be certi- bidder/proposer for one (1) year from date of receipt. The
fied under s. 16.752, Wis. Stats., and must ensure that equipment manufacturer’s standard warranty shall apply as
when engaged in the production of materials, supplies or a minimum and must be honored by the contractor.
equipment or the performance of contractual services, not
less than seventy-five percent (75%) of the total hours of 23.0 INSURANCE RESPONSIBILITY: The contractor perform-
direct labor are performed by severely handicapped ing services for the State of Wisconsin shall:
individuals.
23.1 Maintain worker’s compensation insurance as
19.0 NONDISCRIMINATION / AFFIRMATIVE ACTION: In required by Wisconsin Statutes, for all employees
connection with the performance of work under this engaged in the work.
contract, the contractor agrees not to discriminate against
any employee or applicant for employment because of age, 23.2 Maintain commercial liability, bodily injury and prop-
race, religion, color, handicap, sex, physical condition, erty damage insurance against any claim(s) which
developmental disability as defined in s. 51.01(5), Wis. might occur in carrying out this agreement/contract.
Stats., sexual orientation as defined in s. 111.32(13m), Wis. Minimum coverage shall be one million dollars
Stats., or national origin. This provision shall include, but ($1,000,000) liability for bodily injury and property
not be limited to, the following: employment, upgrading, damage including products liability and completed
demotion or transfer; recruitment or recruitment advertising; operations. Provide motor vehicle insurance for all
layoff or termination; rates of pay or other forms of owned, non-owned and hired vehicles that are used
compensation; and selection for training, including appren- in carrying out this contract. Minimum coverage shall
ticeship. Except with respect to sexual orientation, the be one million dollars ($1,000,000) per occurrence
contractor further agrees to take affirmative action to combined single limit for automobile liability and
ensure equal employment opportunities. property damage.
19.1 Contracts estimated to be over twenty-five thousand 23.3 The state reserves the right to require higher or lower
dollars ($25,000) require the submission of a written limits where warranted.
affirmative action plan by the contractor. An exemp-
tion 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
24.0 CANCELLATION: The State of Wisconsin reserves the 29.0 RECYCLED MATERIALS: The State of Wisconsin is
right to cancel any contract in whole or in part without required to purchase products incorporating recycled mate-
penalty due to nonappropriation of funds or for failure of the rials whenever technically and economically feasible.
contractor to comply with terms, conditions, and specifica- Bidders are encouraged to bid products with recycled
tions of this contract. content which meet specifications.
25.0 VENDOR TAX DELINQUENCY: Vendors who have a
delinquent Wisconsin tax liability may have their payments 30.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an
offset by the State of Wisconsin. order(s) resulting from this award(s) is a hazardous chemi-
cal, as defined under 29CFR 1910.1200, provide one (1)
26.0 PUBLIC RECORDS ACCESS: It is the intention of the copy of a Material Safety Data Sheet for each item with the
state to maintain an open and public process in the solicita- shipped container(s) and one (1) copy with the invoice(s).
tion, submission, review, and approval of procurement
activities. 31.0 PROMOTIONAL ADVERTISING / NEWS RELEASES:
Reference to or use of the State of Wisconsin, any of its
Bid/proposal openings are public unless otherwise speci- departments, agencies or other sub-units, or any state offi-
fied. Records may not be available for public inspection cial or employee for commercial promotion is prohibited.
prior to issuance of the notice of intent to award or the News releases pertaining to this procurement shall not be
award of the contract. made without prior approval of the State of Wisconsin.
Release of broadcast e-mails pertaining to this procurement
27.0 PROPRIETARY INFORMATION: Any restrictions on the shall not be made without prior written authorization of the
use of data contained within a request, must be clearly contracting agency.
stated in the bid/proposal itself. Proprietary information
submitted in response to a request will be handled in 32.0 HOLD HARMLESS: The contractor will indemnify and
accordance with applicable State of Wisconsin procurement save harmless the State of Wisconsin and all of its officers,
regulations and the Wisconsin public records law. Proprie- agents and employees from all suits, actions, or claims of
tary restrictions normally are not accepted. However, when any character brought for or on account of any injuries or
accepted, it is the vendor’s responsibility to defend the damages received by any persons or property resulting
determination in the event of an appeal or litigation. from the operations of the contractor, or of any of its
contractors, in prosecuting work under this agreement.
27.1 Data contained in a bid/proposal, all documentation
provided therein, and innovations developed as a 33.0 FOREIGN CORPORATION: A foreign corporation (any
result of the contracted commodities or services corporation other than a Wisconsin corporation) which
cannot be copyrighted or patented. All data, docu- becomes a party to this Agreement is required to conform
mentation, and innovations become the property of to all the requirements of Chapter 180, Wis. Stats., relating
the State of Wisconsin. to a foreign corporation and must possess a certificate of
authority from the Wisconsin Department of Financial
27.2 Any material submitted by the vendor in response to Institutions, unless the corporation is transacting business
this request that the vendor considers confidential in interstate commerce or is otherwise exempt from the
and proprietary information and which qualifies as a requirement of obtaining a certificate of authority. Any
trade secret, as provided in s. 19.36(5), Wis. Stats., foreign corporation which desires to apply for a certificate of
or material which can be kept confidential under the authority should contact the Department of Financial
Wisconsin public records law, must be identified on a Institutions, Division of Corporation, P. O. Box 7846,
Designation of Confidential and Proprietary Informa- Madison, WI 53707-7846; telephone (608) 267-7577.
tion form (DOA-3027). Bidders/proposers may
request the form if it is not part of the Request for 34.0 WORK CENTER PROGRAM: The successful
Bid/Request for Proposal package. Bid/proposal bidder/proposer shall agree to implement processes that
prices cannot be held confidential. allow the State agencies, including the University of
Wisconsin System, to satisfy the State’s obligation to
28.0 DISCLOSURE: If a state public official (s. 19.42, Wis. purchase goods and services produced by work centers
Stats.), a member of a state public official’s immediate certified under the State Use Law, s.16.752, Wis. Stat.
family, or any organization in which a state public official or This shall result in requiring the successful bidder/proposer
a member of the official’s immediate family owns or controls to include products provided by work centers in its catalog
a ten percent (10%) interest, is a party to this agreement, for State agencies and campuses or to block the sale of
and if this agreement involves payment of more than three comparable items to State agencies and campuses.
thousand dollars ($3,000) within a twelve (12) month
period, this contract is voidable by the state unless appro- 35.0 FORCE MAJEURE: Neither party shall be in default by
priate disclosure is made according to s. 19.45(6), Wis. reason of any failure in performance of this Agreement in
Stats., before signing the contract. Disclosure must be accordance with reasonable control and without fault or
made to the State of Wisconsin Ethics Board, 44 East negligence on their part. Such causes may include, but
Mifflin Street, Suite 601, Madison, Wisconsin 53703 are not restricted to, acts of nature or the public enemy,
(Telephone 608-266-8123). acts of the government in either its sovereign or
contractual capacity, fires, floods, epidemics, quarantine
State classified and former employees and certain restrictions, strikes, freight embargoes and unusually
University of Wisconsin faculty/staff are subject to separate severe weather, but in every case the failure to perform
disclosure requirements, s. 16.417, Wis. Stats. such must be beyond the reasonable control and without
the fault or negligence of the party.
