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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 #. 27857 Late bids will be rejected. Bids MUST be date and time stamped by the soliciting
                                                                                                       purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in
                                                                                                       another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a
                                                                                                       bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly
                                                                                                       and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with
                 Madison, WI 5370                                                                      sample packages or other bids. Bid openings are public unless otherwise specified. Records will
If using PO Box, P.O. Box                                                                              be available for public inspection after issuance of the notice of intent to award or the award of the
                                                                                                       contract. Bidder should contact person named below for an appointment to view the bid record.
                                                                                                       Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise
                         REQUEST FOR BID                                                               noted. The attached terms and conditions apply to any subsequent award.

                            THIS IS NOT AN ORDER                                                       Bids MUST be in this office no later than
BIDDER (Name and Address)                                                                              March 12, 2007 2:00 pm
                                                                                                       Name (Contact for further information)

                                                                                                       Bill Epp
                                                                                                       Phone                                                              Date

                                                                                                       608-266-1954                                                       February 20, 2007
                                                                                                       Quote Price and Delivery FOB


                                                                                                                    Fax bids are accepted                          X Fax bids are not accepted
   Item              Quantity                                                                                                                                  Price
                                                                                       Description
    No.              and Unit                                                                                                                                 Per Unit                 Total


                                          Bid # 27857


                                          Mainframe Tape Library Replacement with remote copy
                                          functionality
                                                                    AND

                                          Mainframe Virtual Tape Replacement




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.
1.0   GENERAL INFORMATION

      1.1   Introduction and background

            The purpose of this document is to provide interested parties with information to enable them to prepare
            and submit a bid for mainframe tape replacement and mainframe disk.

            The State as represented by Department of Administration intends to use the results of this solicitation to
            award a contract.

      1.2   Scope of the project

            The intent of this procurement is to expand the State of Wisconsin’s disaster recovery capabilities
            by implementing remote copy technology for data which currently resides on tape. As part of the
            procurement, the State of Wisconsin will be replacing older tape technologies with more efficient
            tape or disk technologies which are more efficient, provide greater storage capacity, and achieve
            the required remote copy functionality.

            This Bid is for the products specified on the part templates attached to this bid. Only the exact parts from
            the manufactures specified may be bid.


1.3         Procuring and contracting agency

            This Request for Bid (RFB) is issued by the Wisconsin Department of Administration State Bureau of
            Procurement which is the sole point of contact for the State of Wisconsin during the selection process. The
            person responsible for managing the procurement process is Bill Epp Procurement Manager.

            The contract resulting from this RFB will be administered by the Wisconsin Department of Administration
            State Bureau of Procurement. The contract administrator will be Bill Epp.


      1.4   Contract term

            The contract shall be effective on the date indicated on the purchase order or the contract execution date and
            shall run for one year from that date, with an option by mutual agreement of the agency and contractor, to
            renew for two additional one-year periods. The Department of Administration reserves the right to use this
            solicitation and any award resulting to purchase like items as they are needed during a period of one year
            from the date of award.



      1.5   Clarification and/or revisions to the specifications and requirements

            Any questions concerning this RFB must be submitted in writing on or before February 26, 2007 at
            3:00

            to:

                     Bill Epp
                     Procurement Manager
                     Wisconsin Department of Administration
                     State Bureau of Procurement
                     101 E. Wilson St.
                     1-608-266-1954 (phone)
                     Email bill.epp@wisconsin.gov


                                                         2
            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 notify immediately the
            above named individual by Email of such error and request modification or clarification of the RFB.

            In the event that it becomes necessary to provide additional clarifying data or information, or to revise any
            part of this RFB, revisions/amendments and/or supplements will be Posted on Vendornet and registered
            vendors will be notified via e-mail. If you are not registered on VendorNet it is imperative that you check
            VendorNet for Amendments/Supplements prior to submitting your bid.

            Any contact with State employees concerning this RFB is prohibited, except as authorized by the RFB
            manager during the period from date of release of the RFB until the notice of intent to contract is released.


      1.6   Calendar of events

            Listed below are specific dates and times of actions related to this Request for Bid (RFB). The actions with
            specific dates must be completed as indicated unless otherwise changed by the State. In the event that the
            State finds it necessary to change any of the specific dates and times in the calendar of events listed below,
            it will do so by issuing a supplement to this RFB.

                    DATE                                                    EVENT
            February 20, 2007                   Date of issue of the RFB.
            February 27, 2007 3:00 pm           Last day for submitting written inquires.
            March 5, 2007                       Notification to vendors of supplements or revisions to the RFB.
            March 12, 2007 2:00 pm              Bids due from vendors and bid opening.


      1.7   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, contact Bill Epp at 1-608-266-1954 (voice).

      1.8   VendorNet registration

            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 bid in their designated commodity/service area(s) with an estimated value over $25,000. Increasingly,
            state agencies also are using VendorNet to post simplified bids valued at $25,000 or less. Vendors also
            may receive e-mail notices of these simplified bid opportunities.


2.0   PREPARING AND SUBMITTING A BID

      2.1   General instructions

            The selection of a contractor and the contract will be based on the information submitted in the vendor's bid
            plus references. Failure to respond to each of the requirements in the RFB may be the basis for rejecting a
            response.

            Elaborate bids (e.g., expensive artwork), beyond that sufficient to present a complete and effective bid, are
            not necessary or desired.

                                                         3
2.2   Incurring costs

      The State of Wisconsin is not liable for any cost incurred by bidders in replying to this RFB.

2.3   Submitting the bid

      Bidders must submit an original and 3 copies of all materials required for acceptance of their bid by 2:00
      pm on March 12, 2007 to:

               Bill Epp
               Procurement Manager
               State Bureau of Procurement
               6th Floor
               101 E. Wilson St
               Madison Wisconsin, 53707

      Bids must be received in the above office by the specified time stated above. All bids must be time-
      stamped as accepted by the Purchasing Office by the stated time. Bids not so stamped will not be accepted.
      Receipt of a bid by the State mail system does not constitute receipt of a bid by the Purchasing Office, for
      purposes of this RFB.

      To ensure confidentiality of the document, all bids must be packaged, sealed and show the following
      information on the outside of the package:

               —Bidder's name and address
               —Request for bid title
               —Request for bid number
               —Bid due date

2.4   Bid organization and format

      Bids should be typed and submitted on 8.5 by 11 inch paper bound securely. Bids should be organized and
      presented in the order and by the number assigned in the RFB. Bids must be organized with the following
      headings and subheadings. Each heading and subheading should be separated by tabs or otherwise clearly
      marked. The RFB sections which should be submitted or responded to are:

                                          (EXAMPLE)

      Cover page ( )
      Introduction
               Each bid shall stipulate that it is predicated upon the requirements, terms, and conditions of this
               RFB and any supplements or revisions thereof.
      Response to general requirements ( 4.1 )
               Organizational qualifications ( 4.2 )

      Response to technical requirements ( 5.0 )
      Cost proposal ( 6.0 )
      Required forms ( 9.0 )
              Designation of Confidential and Proprietary Information
              Vendor Information
              Vendor Reference
              (and any other forms included in 9.0)

      The vendor must submit its Cost Proposal on the form provided according to the instructions provided.
      Failure to provide any requested information in the prescribed format may result in disqualification of the
      bid.

                                                   4
      2.5   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 submitted separately and labeled as Bid #1, Bid #2, etc. on each
            page included in the response. Alternate acquisition plans do not constitute multiple bids.


      2.6   Withdrawal of bids

            Bids shall be irrevocable until contract award unless the bid is withdrawn. Bidders may withdraw a bid in
            writing at any time up to the bid closing date and time. To accomplish this, the written request must be
            signed by an authorized representative of the bidder and submitted to the RFB project manager Bill Epp. If
            a previously submitted bid is withdrawn before the bid due date and time, the bidder may submit another
            bid at any time up to the bid closing date and time.



3.0   BID SELECTION AND AWARD PROCESS


      3.1   Review Mandatory General Requirements and Technical Specifications (4.0 &5.0)

            The bids will be reviewed initially to determine if mandatory requirements are met. Failure to meet
            mandatory requirements will result in rejection of the bid. In the event that all vendors do not meet one or
            more of the mandatory requirements, the State reserves the right to continue the review of the bids and to
            select the bid which most closely meets the requirements specified in this RFB.


      3.2   Cost Proposals / Pricing Information

            Provide cost information on the Request for Bid cost sheets included in this RFB. All costs for furnishing
            the product(s) and/or service(s) listed in the bid, in accordance with the terms and conditions in this RFB,
            must be included in the costs listed..

            The state may review references, request oral presentations, and/or conduct on-site visits and use the results
            in determining if the vendor is responsive and responsible. Bids from certified Minority Business
            Enterprises may have cost proposal weighted by a factor of 1.00 to 1.05 to provide up to a five percent (5%)
            preference to these businesses (Wis. Stats. 16.75(3m)). The cost proposal will be tabulated and bids ranked
            based on the total costs.


      3.3   Award

            The award will be granted in one or two parts based on the two parts lists attached. The state may award
            each part to a different vendor or if in the best interest of the state may award both parts to the same vendor
            if they are the lowest-cost, responsive and responsible bidder.

      3.4   Right to reject bids and negotiate contract terms

            The State reserves the right to reject any and all bids. The State may negotiate the terms of the contract,
            including the award amount, with the selected bidder prior to entering into a contract. If contract
            negotiations cannot be concluded successfully with the lowest cost bidder, the agency may negotiate a
            contract with the next higher cost bidder.

      3.5   Notification of intent to award


                                                         5
            All vendors who respond to this RFB will be notified of the State's intent to award the contract(s) as a result
            of this RFB.

            After notification of the intent to award is made, and under the supervision of agency staff, copies of bids
            will be available for public inspection from 8:00 a.m. to 4:30 p.m. at 101 E Wilson St Madison Wisconsin.
            Vendors should schedule reviews with Bill Epp at 608-266-1954.



      3.6   Appeals process


            Notices of intent to protest and protests must be made in writing to the head of the procuring agency.
            Protestors should make their protests as specific as possible and should identify statutes and Wisconsin
            Administrative Code provisions that are alleged to have been violated.

            Any written notice of intent to protest the intent to award a contract must be filed with


                     Helen McCain - Director
                     State Bureau of Procurement
                     101 E. Wilson St.
                     Madison, Wisconsin 53707

            and received in her office no later than five (5) working days after the notices of intent to award are issued.

            Any written protest must be received within ten (10) working days after the notice of intent to award is
            issued.

            The decision of the head of the procuring agency may be appealed to the Secretary of the Department of
            Administration within five (5) working days of issuance, with a copy of such appeal filed with the procuring
            agency. The appeal must allege a violation of a Wisconsin statute or a section of the Wisconsin
            Administrative Code.




4.0   GENERAL BID REQUIREMENTS


      4.1   Mandatory requirements

            The following requirements are mandatory and the bidder must agree.


                   4.1.1   Vendors planning to propose upgrades to current subsystems, or propose
            subsystems that can be upgraded in the future, must agree that for all upgrades from this
            point forward, a maximum of four hours downtime or configuration lockout time will be
            acceptable and it will be scheduled at our discretion.



      4.2   Organization capabilities

                                                          6
                  Describe the firm's experience and capabilities in providing similar product(s) and service(s) to those
                  required. Be specific and identify projects, dates, and results.

                  Bidders must be an authorized distributor or dealer with service and repair capabilities for the equipment.

                  Bidders must maintain an inventory of replacement parts, consumable supplies and accessories as specified
                  by the manufacturer. It is expected that an adequate parts inventory will be maintained to service all
                  machines purchased as a result of this bid.

                  The successful bidder(s) must be prepared to honor the manufacturer's standard warranty.


5.0      TECHNICAL REQUIREMENTS

                  The manufacturer part templates which are part of this bid are required to be the
                  basis of your proposal. All proposals must be based on one of the approved parts
                  lists. The requirements outlined below were the basis of developing and presenting
                  to the State for approval the parts lists attached to this bid.


You must include in your proposal this table with an indication of your proposed solution’s ability to meet each item listed in
each section on this table.

                            Solution Feature/
                                                                                                Not
                             Objective Name                                     Included
                                                                                             Included

      1. Mainframe Tape Library Replacement with remote copy
         functionality– Hardware that connects to z9 CPU using
         ESCON or FICON that appears as tape to zOS and
         provides a remote copy of all of the data to a second
         location. Hardware implementation may be virtual tape
         with a tape library as back-end technology or disk
         technology which appears as tape to zOS..
         Configuration requirements:

              A. the devices must be shared between 8 LPARs

              B. have a minimum of 128 tape device addresses

              C. appear as a 3590H or 9840B, and 3490E tape
                 drive images to zOS

              D. Support SMS managed tape.    The product
                   supplied supports SMS and SMS ACS
                   routines for management, maintenance
                   and verification of tape volumes and tape
                   libraries in a tape storage environment.
                   MTL implementations are acceptable.
              E. Lower performing disk is acceptable, including
                 ATA, but it must be RAID protected.


              F. Interfaces with Hierarchical Storage
                 Manager (HSM) and Removable Media
                                                               7
            Manager (RMM) without the extensive
            use of:
             Operating System "hooks".
             Operating System Module "front ends".
             Operating System Module
               replacements.
             Operating System Exits.
             RMM or HSM "hooks".
             RMM or HSM Module "front ends".
             RMM or HSM Module replacements.
             RMM or HSM Exits.

       G. All data must be mirrored using remote copy
          technology to a second location physically
          separated by up to 35 km. The communication
          between the two locations must be transmitted on
          dark fiber provided by the State of WI. The State of
          Wisconsin can provide the long distance Fiber
          Channel connectivity between locations through
          ISL’d McData i10k Directors
       H. The solution must be able to sustain an IO rate of
          300 MB/s.

       I.   Total Storage on the back-end of this virtualized
            tape must be 380 TB usable (total of 760 TB, 380
            TB at each location)

       J.   The Disaster Location implementation must be able
            to be used with an attached DR CPU in the event of
            a disaster without having to re-build catalog data on
            zOS in the case of a disaster.

       K. Software solutions have been determined to be
          unacceptable due to the CPU overhead required.




2. Mainframe Virtual Tape Replacement – For replacing
   current Virtual Tape systems with new technologies
   providing remote copy functionality for all of the stored
   data.

       A. Virtual Tape or Disk Implementations are
          acceptable.
       B. Disk Implementations can contain lower performing
          Disk including ATA disk

       C. Disk implementations must emulate 3390 mod 27
          disk

       D. All data must be mirrored to a second location
          using remote copy technologies. The remote copy
          technology must support two locations separated by
          up to 35 km. The communication between the two
          locations must be transmitted on dark fiber

                                                    8
                provided by the State of WI. The State of
                Wisconsin can provide the long distance Fiber
                Channel connectivity between locations through
                ISL’d McData i10k Directors.

            E. The solution must be able to sustain an IO rate of
               70 MB/s.




            F. Total Storage on the back-end of this virtualized
               tape or disk implementation must be 40 TB usable
               (total of 80 TB, 40 TB at each location)

            G. The Disaster Location implementation must be able
               to be used with an attached DR CPU in the event of
               a disaster without having to re-build catalog data on
               zOS in the case of a disaster.




6.0   COST PROPOSAL


      6.1      General instructions on preparing cost proposals

               The bid will be reviewed and the bid with the lowest cost from a responsive and responsible bidder will be
               awarded individual sections of the contarct..

      6.2      Format for submitting cost proposals

               The cost proposal should indicate that the cost of the equipment includes delivery to both sites and
               installation and warranty for 12 months.

               The cost proposal must indicate separately the cost for optional maintenance for year 2 and year 3.

               This equipment is to be delivered to two sites selected by the state, located in the Madison Wisconsin area,
               FOB Destination. Bid prices are to include all packing, transportation, insurance, instructional and manual
               charges.


      6.3      Fixed price period

               All prices, costs, and conditions outlined in the bid shall remain fixed and valid for acceptance for ninety
               (90) calendar days starting on the due date for bids.




                                                           9
                                                 Cost Proposal Form
                                                     Bid # 27857



Vendor Name__________________________________

Date ________________________________


Section 1 Mainframe Tape Replacement                        $___________________________



Section 2 Mainframe Disk                                    $___________________________




Additional discount percentage for purchasing sections _1__ & _2__                     _________%


Proposed cost for all equipment, installation,
        1 year warranty, delivery and training              $____________________

Optional maintenance for years 2 & 3                        $____________________


Other costs please explain                                      $___________________
                                                           10
7.0   SPECIAL CONTRACT TERMS AND CONDITIONS

      7.1   Payment requirements

            Payment for items included on this bid will be made within the standard state rules following the delivery,
            installation and acceptance testing.



      7.2   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 bidder must clearly explain their participation.

      7.3   Executed contract to constitute entire agreement


            In the event of contract award, the contents of this RFB (including all attachments), RFB addenda and
            revisions, and the bid of the successful bidder, and additional terms agreed to, in writing, by the agency and
            the contractor shall become part of the contract. Failure of the successful bidder 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
                    State Request for Bid Dated February 20, 2007
                    Standard Terms and Conditions
                    Vendor's Bid Dated March 12, 2007

      7.4   Termination of contract



                                                         11
               The agency may terminate the contract at any time at its sole discretion by delivering 10 business days
               written notice to the contractor. Upon termination, the agency's liability will be limited to the pro rata cost
               of the services performed as of the date of termination plus expenses incurred with the prior written
               approval of the agency. In the event that the contractor terminates the contract, for any reason whatsoever,
               it will refund to the agency within 10 business days of said termination, all payments made hereunder by the
               agency to the contractor for work not completed or not accepted by the agency. Such termination will
               require written notice to that effect to be delivered by the contractor to the agency not less than 10 business
               days prior to said termination.



8.0   STANDARD TERMS AND CONDITIONS



      The State of Wisconsin reserves the right to incorporate standard State contract provisions into any contract
      negotiated with any bid submitted responding to this RFB (Standard Terms and Conditions (DOA-3054)). Failure of
      the successful bidder to accept these obligations in a contractual agreement may result in cancellation of the award. )




                                                           12
Wisconsin Department of Administration
Chs. 16, 19, 51
DOA-3054 (R10/2005)
Page 1 of 3
                                               Standard Terms And Conditions
                                                (Request For Bids / Proposals)
1.0   SPECIFICATIONS: The specifications in this request are                    7.0    UNFAIR SALES ACT: Prices quoted to the State of
      the minimum acceptable. When specific manufacturer and                           Wisconsin are not governed by the Unfair Sales Act.
      model numbers are used, they are to establish a design,
      type of construction, quality, functional capability and/or               8.0    ACCEPTANCE-REJECTION:            The State of Wisconsin
      performance level desired.           When alternates are                         reserves the right to accept or reject any or all
      bid/proposed, they must be identified by manufacturer, stock                     bids/proposals, to waive any technicality in any bid/proposal
      number, and such other information necessary to establish                        submitted, and to accept any part of a bid/proposal as
      equivalency. The State of Wisconsin shall be the sole judge                      deemed to be in the best interests of the State of
      of equivalency. Bidders/proposers are cautioned to avoid                         Wisconsin.
      bidding alternates to the specifications which may result in
      rejection of their bid/proposal.                                                 Bids/proposals MUST be date and time stamped by the
                                                                                       soliciting purchasing office on or before the date and time
2.0   DEVIATIONS AND EXCEPTIONS: Deviations and excep-                                 that the bid/proposal is due. Bids/proposals date and time
      tions from original text, terms, conditions, or specifications                   stamped in another office will be rejected. Receipt of a
      shall be described fully, on the bidder's/proposer's letter-                     bid/proposal by the mail system does not constitute receipt
      head, signed, and attached to the request. In the absence                        of a bid/proposal by the purchasing office.
      of such statement, the bid/proposal shall be accepted as in
      strict compliance with all terms, conditions, and specifica-              9.0    METHOD OF AWARD: Award shall be made to the lowest
      tions and the bidders/proposers shall be held liable.                            responsible, responsive bidder unless otherwise specified.

3.0   QUALITY: Unless otherwise indicated in the request, all                   10.0   ORDERING: Purchase orders or releases via purchasing
      material shall be first quality. Items which are used,                           cards shall be placed directly to the contractor by an
      demonstrators, obsolete, seconds, or which have been                             authorized agency.    No other purchase orders are
      discontinued are unacceptable without prior written approval                     authorized.
      by the State of Wisconsin.
                                                                                11.0   PAYMENT TERMS AND INVOICING:                  The State of
4.0   QUANTITIES: The quantities shown on this request are                             Wisconsin normally will pay properly submitted vendor
      based on estimated needs. The state reserves the right to                        invoices within thirty (30) days of receipt providing goods
      increase or decrease quantities to meet actual needs.                            and/or services have been delivered, installed (if required),
                                                                                       and accepted as specified.
5.0   DELIVERY: Deliveries shall be F.O.B. destination freight
      prepaid and included unless otherwise specified.                                 Invoices presented for payment must be submitted in
                                                                                       accordance with instructions contained on the purchase
6.0   PRICING AND DISCOUNT: The State of Wisconsin quali-                              order including reference to purchase order number and
      fies for governmental discounts and its educational institu-                     submittal to the correct address for processing.
      tions also qualify for educational discounts. Unit prices shall
      reflect these discounts.                                                         A good faith dispute creates an exception to prompt
                                                                                       payment.
      6.1    Unit prices shown on the bid/proposal or contract
             shall be the price per unit of sale (e.g., gal., cs., doz.,        12.0   TAXES: The State of Wisconsin and its agencies are
             ea.) as stated on the request or contract. For any                        exempt from payment of all federal tax and Wisconsin state
             given item, the quantity multiplied by the unit price                     and local taxes on its purchases except Wisconsin excise
             shall establish the extended price, the unit price shall                  taxes as described below.
             govern in the bid/proposal evaluation and contract
             administration.                                                           The State of Wisconsin, including all its agencies, is
                                                                                       required to pay the Wisconsin excise or occupation tax on
      6.2    Prices established in continuing agreements and                           its purchase of beer, liquor, wine, cigarettes, tobacco
             term contracts may be lowered due to general market                       products, motor vehicle fuel and general aviation fuel.
             conditions, but prices shall not be subject to increase                   However, it is exempt from payment of Wisconsin sales or
             for ninety (90) calendar days from the date of award.                     use tax on its purchases. The State of Wisconsin may be
             Any increase proposed shall be submitted to the                           subject to other states' taxes on its purchases in that state
             contracting agency thirty (30) calendar days before                       depending on the laws of that state. Contractors perform-
             the proposed effective date of the price increase, and                    ing construction activities are required to pay state use tax
             shall be limited to fully documented cost increases to                    on the cost of materials.
             the contractor which are demonstrated to be indus-
             trywide. The conditions under which price increases                13.0   GUARANTEED DELIVERY: Failure of the contractor to
             may be granted shall be expressed in bid/proposal                         adhere to delivery schedules as specified or to promptly
             documents and contracts or agreements.                                    replace rejected materials shall render the contractor liable
                                                                                       for all costs in excess of the contract price when alternate
      6.3    In determination of award, discounts for early                            procurement is necessary. Excess costs shall include the
             payment will only be considered when all other con-                       administrative costs.
             ditions are equal and when payment terms allow at                  14.0   ENTIRE AGREEMENT:             These Standard Terms and
             least fifteen (15) days, providing the discount terms                     Conditions shall apply to any contract or order awarded as
             are deemed favorable. All payment terms must allow                        a result of this request except where special requirements
             the option of net thirty (30).                                            are stated elsewhere in the request; in such cases, the
                                                                                       special requirements shall apply. Further, the written


                                                                           13
DOA-3054
Page 2 of 3


       contract and/or order with referenced parts and attach-                             regarding this clause are        available   from   the
       ments shall constitute the entire agreement and no other                            contracting state agency.
       terms and conditions in any document, acceptance, or
       acknowledgment shall be effective or binding unless                          19.2   The contractor agrees to post in conspicuous places,
       expressly agreed to in writing by the contracting authority.                        available for employees and applicants for employ-
                                                                                           ment, a notice to be provided by the contracting state
15.0   APPLICABLE LAW AND COMPLIANCE: This contract                                        agency that sets forth the provisions of the State of
       shall be governed under the laws of the State of Wisconsin.                         Wisconsin's nondiscrimination law.
       The contractor shall at all times comply with and observe all
       federal and state laws, local laws, ordinances, and                          19.3   Failure to comply with the conditions of this clause
       regulations which are in effect during the period of this                           may result in the contractor's becoming declared an
       contract and which in any manner affect the work or its                             "ineligible" contractor, termination of the contract, or
       conduct. The State of Wisconsin reserves the right to                               withholding of payment.
       cancel this contract if the contractor fails to follow the
       requirements of s. 77.66, Wis. Stats., and related statutes           20.0   PATENT INFRINGEMENT: The contractor selling to the
       regarding certification for collection of sales and use tax.                 State of Wisconsin the articles described herein guarantees
       The State of Wisconsin also reserves the right to cancel                     the articles were manufactured or produced in accordance
       this contract with any federally debarred contractor or a                    with applicable federal labor laws. Further, that the sale or
       contractor that is presently identified on the list of parties               use of the articles described herein will not infringe any
       excluded from federal procurement and non-procurement                        United States patent. The contractor covenants that it will
       contracts..                                                                  at its own expense defend every suit which shall be brought
                                                                                    against the State of Wisconsin (provided that such
16.0   ANTITRUST ASSIGNMENT: The contractor and the State                           contractor is promptly notified of such suit, and all papers
       of Wisconsin recognize that in actual economic practice,                     therein are delivered to it) for any alleged infringement of
       overcharges resulting from antitrust violations are in fact                  any patent by reason of the sale or use of such articles, and
       usually borne by the State of Wisconsin (purchaser).                         agrees that it will pay all costs, damages, and profits recov-
       Therefore, the contractor hereby assigns to the State of                     erable in any such suit.
       Wisconsin any and all claims for such overcharges as to
       goods, materials or services purchased in connection with             21.0   SAFETY REQUIREMENTS: All materials, equipment, and
       this contract.                                                               supplies provided to the State of Wisconsin must comply
                                                                                    fully with all safety requirements as set forth by the
17.0   ASSIGNMENT: No right or duty in whole or in part of the                      Wisconsin Administrative Code and all applicable OSHA
       contractor under this contract may be assigned or dele-                      Standards.
       gated without the prior written consent of the State of
       Wisconsin.                                                            22.0   WARRANTY: Unless otherwise specifically stated by the
                                                                                    bidder/proposer, equipment purchased as a result of this
18.0   WORK CENTER CRITERIA: A work center must be certi-                           request shall be warranted against defects by the
       fied under s. 16.752, Wis. Stats., and must ensure that                      bidder/proposer for one (1) year from date of receipt. The
       when engaged in the production of materials, supplies or                     equipment manufacturer's standard warranty shall apply as
       equipment or the performance of contractual services, not                    a minimum and must be honored by the contractor.
       less than seventy-five percent (75%) of the total hours of
       direct labor are performed by severely handicapped                    23.0   INSURANCE RESPONSIBILITY: The contractor perform-
       individuals.                                                                 ing services for the State of Wisconsin shall:

19.0   NONDISCRIMINATION / AFFIRMATIVE ACTION: In                                   23.1   Maintain worker's compensation insurance as
       connection with the performance of work under this                                  required by Wisconsin Statutes, for all employees
       contract, the contractor agrees not to discriminate against                         engaged in the work.
       any employee or applicant for employment because of age,
       race, religion, color, handicap, sex, physical condition,                    23.2   Maintain commercial liability, bodily injury and prop-
       developmental disability as defined in s. 51.01(5), Wis.                            erty damage insurance against any claim(s) which
       Stats., sexual orientation as defined in s. 111.32(13m), Wis.                       might occur in carrying out this agreement/contract.
       Stats., or national origin. This provision shall include, but                       Minimum coverage shall be one million dollars
       not be limited to, the following: employment, upgrading,                            ($1,000,000) liability for bodily injury and property
       demotion or transfer; recruitment or recruitment advertising;                       damage including products liability and completed
       layoff or termination; rates of pay or other forms of                               operations. Provide motor vehicle insurance for all
       compensation; and selection for training, including appren-                         owned, non-owned and hired vehicles that are used
       ticeship. Except with respect to sexual orientation, the                            in carrying out this contract. Minimum coverage shall
       contractor further agrees to take affirmative action to                             be one million dollars ($1,000,000) per occurrence
       ensure equal employment opportunities.                                              combined single limit for automobile liability and
                                                                                           property damage.
       19.1   Contracts estimated to be over twenty-five thousand
              dollars ($25,000) require the submission of a written                 23.3   The state reserves the right to require higher or lower
              affirmative action plan by the contractor. An exemp-                         limits where warranted.
              tion occurs from this requirement if the contractor has
              a workforce of less than twenty-five (25) employees.           24.0   CANCELLATION: The State of Wisconsin reserves the
              Within fifteen (15) working days after the contract is                right to cancel any contract in whole or in part without
              awarded, the contractor must submit the plan to the                   penalty due to nonappropriation of funds or for failure of the
              contracting state agency for approval. Instructions                   contractor to comply with terms, conditions, and specifica-
              on preparing the plan and technical assistance                        tions of this contract.


                                                                        14
DOA-3054
Page 3 of 3


25.0   VENDOR TAX DELINQUENCY: Vendors who have a                             30.0   MATERIAL SAFETY DATA SHEET: If any item(s) on an
       delinquent Wisconsin tax liability may have their payments                    order(s) resulting from this award(s) is a hazardous chemi-
       offset by the State of Wisconsin.                                             cal, as defined under 29CFR 1910.1200, provide one (1)
                                                                                     copy of a Material Safety Data Sheet for each item with the
26.0   PUBLIC RECORDS ACCESS: It is the intention of the                             shipped container(s) and one (1) copy with the invoice(s).
       state to maintain an open and public process in the solicita-
       tion, submission, review, and approval of procurement                  31.0   PROMOTIONAL ADVERTISING / NEWS RELEASES:
       activities.                                                                   Reference to or use of the State of Wisconsin, any of its
                                                                                     departments, agencies or other subunits, or any state offi-
       Bid/proposal openings are public unless otherwise speci-                      cial or employee for commercial promotion is prohibited.
       fied. Records may not be available for public inspection                      News releases pertaining to this procurement shall not be
       prior to issuance of the notice of intent to award or the                     made without prior approval of the State of Wisconsin.
       award of the contract.                                                        Release of broadcast e-mails pertaining to this procurement
                                                                                     shall not be made without prior written authorization of the
27.0   PROPRIETARY INFORMATION: Any restrictions on the                              contracting agency.
       use of data contained within a request, must be clearly
       stated in the bid/proposal itself. Proprietary information             32.0   HOLD HARMLESS: The contractor will indemnify and
       submitted in response to a request will be handled in                         save harmless the State of Wisconsin and all of its officers,
       accordance with applicable State of Wisconsin                                 agents and employees from all suits, actions, or claims of
       procurement regulations and the Wisconsin public records                      any character brought for or on account of any injuries or
       law. Proprietary restrictions normally are not accepted.                      damages received by any persons or property resulting
       However, when accepted, it is the vendor's responsibility to                  from the operations of the contractor, or of any of its
       defend the determination in the event of an appeal or                         contractors, in prosecuting work under this agreement.
       litigation.
                                                                              33.0   FOREIGN CORPORATION: A foreign corporation (any
       27.1   Data contained in a bid/proposal, all documentation                    corporation other than a Wisconsin corporation) which
              provided therein, and innovations developed as a                       becomes a party to this Agreement is required to conform
              result of the contracted commodities or services                       to all the requirements of Chapter 180, Wis. Stats., relating
              cannot by copyrighted or patented. All data, docu-                     to a foreign corporation and must possess a certificate of
              mentation, and innovations become the property of                      authority from the Wisconsin Department of Financial
              the State of Wisconsin.                                                Institutions, unless the corporation is transacting business
                                                                                     in interstate commerce or is otherwise exempt from the
       27.2   Any material submitted by the vendor in response to                    requirement of obtaining a certificate of authority. Any
              this request that the vendor considers confidential                    foreign corporation which desires to apply for a certificate
              and proprietary information and which qualifies as a                   of authority should contact the Department of Financial
              trade secret, as provided in s. 19.36(5), Wis. Stats.,                 Institutions, Division of Corporation, P. O. Box 7846,
              or material which can be kept confidential under the                   Madison, WI 53707-7846; telephone (608) 261-7577.
              Wisconsin public records law, must be identified on a
              Designation of Confidential and Proprietary Informa-            34.0   WORK CENTER PROGRAM:                       The successful
              tion form (DOA-3027).        Bidders/proposers may                     bidder/proposer shall agree to implement processes that
              request the form if it is not part of the Request for                  allow the State agencies, including the University of
              Bid/Request for Proposal package. Bid/proposal                         Wisconsin System, to satisfy the State's obligation to
              prices cannot be held confidential.                                    purchase goods and services produced by work centers
                                                                                     certified under the State Use Law, s.16.752, Wis. Stat.
28.0   DISCLOSURE: If a state public official (s. 19.42, Wis.                        This shall result in requiring the successful bidder/proposer
       Stats.), a member of a state public official's immediate                      to include products provided by work centers in its catalog
       family, or any organization in which a state public official or               for State agencies and campuses or to block the sale of
       a member of the official's immediate family owns or controls                  comparable items to State agencies and campuses.
       a ten percent (10%) interest, is a party to this agreement,
       and if this agreement involves payment of more than three              35.0   FORCE MAJEURE: Neither party shall be in default by
       thousand dollars ($3,000) within a twelve (12) month                          reason of any failure in performance of this Agreement in
       period, this contract is voidable by the state unless appro-                  accordance with reasonable control and without fault or
       priate disclosure is made according to s. 19.45(6), Wis.                      negligence on their part. Such causes may include, but are
       Stats., before signing the contract. Disclosure must be                       not restricted to, acts of nature or the public enemy, acts of
       made to the State of Wisconsin Ethics Board, 44 East                          the government in either its sovereign or contractual
       Mifflin Street, Suite 601, Madison, Wisconsin 53703                           capacity, fires, floods, epidemics, quarantine restrictions,
       (Telephone 608-266-8123).                                                     strikes, freight embargoes and unusually severe weather,
                                                                                     but in every case the failure to perform such must be
       State classified and former employees and certain                             beyond the reasonable control and without the fault or
       University of Wisconsin faculty/staff are subject to separate                 negligence of the party.
       disclosure requirements, s. 16.417, Wis. Stats.

29.0   RECYCLED MATERIALS: The State of Wisconsin is
       required to purchase products incorporating recycled mate-
       rials whenever technically and economically feasible.
       Bidders are encouraged to bid products with recycled
       content which meet specifications.




                                                                         15
9.0   REQUIRED FORMS

      9.1   Required Forms Listing

            The following forms must be completed and submitted with the bid in accordance with the instructions
            given in Section 2.4. Blank forms are attached.

            Designation of Confidential and Proprietary Information (DOA-3027)
            Vendor Information (DOA-3477)
            Vendor Reference (DOA-3478)

      9.2   Bidder references

            Bidders must include in their RFBs, a list of buyers with whom the bidder has done business like that
            required by this solicitation within the last year. For each client/buyer/organization, the bidder must include
            the name, title, address, and telephone number of a contact person along with a brief description of the
            project or assignment which was the basis for the business relationship. The procuring agency will
            determine which, if any, references to contact to assess the quality of work performed and personnel
            assigned to the project. The results of any references will be used to determine if the vendor is responsive
            and responsible.




                                                        16
STATE OF WISCONSIN
DOA-3027 N(R01/98)



                     DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION

The attached material submitted in response to Bid/Proposal #                                       includes proprietary and
confidential information which qualifies as a trade secret, as provided in s. 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.

Prices always become public information when bids/proposals are opened, and therefore cannot be kept
confidential.

Other information 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, device, 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.

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 AND AGREES TO HOLD THE STATE HARMLESS FOR ANY COSTS OR
DAMAGES ARISING OUT OF THE STATE'S AGREEING TO WITHHOLD THE MATERIALS.

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.

                                      Company Name                  ___________________________________________


                           Authorized Representative                ___________________________________________
                                                                                             Signature


                           Authorized Representative                ___________________________________________
                                                                                            Type or Print


                                                   Date             ___________________________________________

                          This document can be made available in accessible formats to qualified individuals with disabilities.



                                                                      17
STATE OF WISCONSIN                                                       Bid / Proposal #
DOA-3477 (R05/98)
                                                                     Commodity / Service
VENDOR INFORMATION
1.   BIDDING / PROPOSING COMPANY NAME

     FEIN

     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
                  This document can be made available in accessible formats to qualified individuals with disabilities.




                                                                    18
STATE OF WISCONSIN                                                         Bid / Proposal #
DOA-3478 (R12/96)


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.


                                                          19

								
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