BIDS MUST BE SEALED & ADDRESSED TO: UNIVERSITY OF WISCONSIN-PLATTEVILLE INSTRUCTIONS This request for bid form must be completed, typed or in ink, signed and PURCHASING OFFICE, 2201 ULLSVIK HALL returned. Bid envelope must be sealed and plainly marked in lower corner with 1 UNIVERSITY PLAZA due date and Request for Bid No. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date PLATTEVILLE WI 53818-3099 and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid THIS IS NOT AN ORDER 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 sample packages or other bids. REQUEST FOR BID NO. CR-2667 Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to Bidder Name & Address: 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 noted. The attached terms and conditions apply to any subsequent award. DUE DATE and TIME: Purchasing Agent: Carol Rauch JUNE 12, 2008 – 2:30 p.m., C.T. (608) 342-1221 Quote Price and Delivery FOB: Platteville, Wisconsin Item Qty No. and Unit Description Price FLUID MILK AND DAIRY PRODUCTS to be delivered to University of Wisconsin – Platteville, Wisconsin per the attached Conditions of Bid and specifications on the bid forms. Order period: July 1, 2008 through June 30, 2009 with four (4) possible one (1) year renewal options. Notice: Quantities shown on the bid sheets are estimated thirty (30) day quantities based on usage during a nine month academic school (August 15 through May 15). They are strictly for bid evaluation purposes. Actual quantities will be determined by the University at the time of order placement. Unit prices quoted should be for the unit of purchase as shown in the quantity and unit column i.e., lb., cs. It is the bidder’s responsibility to read and note the Special Conditions of the Bid. Failure to do so does not exempt the bidder from complying with those conditions. Bidders shall complete and return this form and two (2) copies of the Itemized Bid List. 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 Development (DOD). If you have questions concerning the certification process, contact DOD, 8th Floor, 123 W. Washington Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids ______________________________________________________________________________________________________________________________________________________ We are a sheltered work center qualified under Wis. Stats. s. 16.752. Questions concerning the qualification process should be addressed to the Sheltered 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 Email Phone ( ) Fax ( ) Signature of Above Date Federal Employer Identification # Social Security No. if Sole Proprietor (Voluntary) UNIVERSITY OF WISCONSIN-PLATTEVILLE REQUEST FOR BID NO. CR-2667 SPECIAL CONDITIONS OF BID 1. SCOPE Furnish fluid milk and dairy products as listed on the Itemized Bid List attached and like items for the Dining Services at the University of Wisconsin-Platteville at Platteville, Wisconsin. All products shall be furnished in accordance with the specifications and provisions embodied in this inquiry. All correspondence regarding this Bid must refer to #CR-2667. After an award is made any correspondence, documents, price information, etc. concerning this contract must include this bid number and must be sent to the University Purchasing Office to be acknowledged. No revisions to this bid may be made unless in the form of an official addendum issued by the University of Wisconsin-Platteville Purchasing Office. 2. PARTIES TO THE CONTRACT The contract shall be between the State of Wisconsin, Board of Regents of the University of Wisconsin System, on behalf of the University of Wisconsin-Platteville, known as the "University" and the successful bidder known as the "contractor" for the provision of dairy products according to the terms set forth herein. The Executive Director of Auxiliary Services, James Mueller shall be the representative of the University responsible for the administration of the contract and referred to herein as "the contract administrator". Only the University of Wisconsin-Platteville Dining Services Departments listed in Section 28 shall be eligible to purchase from this contract. 3. CONTRACT TERM Contract term shall be for the period July 1, 2008 through June 30, 2009 with four (4) possible one (1) year extension options. Thus, the contract may be for a maximum of five (5) years. 3.1 Automatic Renewal Clause This contract shall automatically be extended into each of the successive four years unless the University of Wisconsin-Platteville Purchasing Office is notified, in writing, by the contractor, or notifies the contractor, in writing, one hundred twenty (120) days prior to expiration of the initial and/or succeeding contract period of intent to not renew. 3.2 The University reserves the right to discontinue this contract, in whole or in part, without penalty due to non-appropriation of funds, non-approval of price changes, or failure of the contractor to comply with the terms, conditions, and specifications of this contract. 4. CONTRACT CANCELLATION This Contract may be terminated by either party for the following conditions: 4.1 Shall either party fail to perform under the terms of this Contract, the aggrieved party may notify the other party in writing via certified mail of such failure and demand the problem be remedied within three (3) calendar days. Should the defaulting party fail to remedy the same with said period, the other party shall then have the right to terminate this Contract by giving the other party 15 days written notice. Performance failure can be defined as, but not limited to, frequent substitutions, failure to communicate with University personnel, improper invoicing (auditor’s questions), or failure to provide any of the conditions of the specifications or conditions of bid. 4.2 If at any time a petition in bankruptcy shall be filed against the contractor and such petition is not dismissed within 90 days, or if a receiver or trustee of contractor’s property is appointed and such appointment is not vacated within 90 days, the University shall have right, in addition to any other rights of whatsoever nature that it may have at law or inequity, to terminate this Contract by giving 90 days notice in writing of such termination. 5. DELIVERY POINTS Deliveries will be required to the cooler in the three (3) locations, Platters & Greenwood Avenue Market in Glenview Commons, and the Pioneer Student Center Kitchen. Minimum delivery charges or stop charges are not acceptable and bids for any item so designated may be rejected. Authorized University personnel must sign all delivery invoices. 6. DELIVERY FREQUENCY AND QUANTITIES All deliveries will be FOB destination cooler with stock rotated by contractor. The contractor will pick up any outdated product and issue a credit for product returned. Standard delivery days will be Monday, Wednesday, and Friday. Deliveries shall be made to the building Glenview Commons for the locations (accounts) Platters & Greenwood Avenue Market between 8:00 a.m. and 9:00 a.m. Deliveries shall be made to the Pioneer Student Center between 9:00 a.m. and 10:00 a.m. Should an emergency situation occur, the contractor should contact the purchasing locations at numbers designated in Section 28 prior to 8:00 a.m. for late delivery approval. Delivery service is required to be available five (5) days per week for emergency deliveries which may become necessary. Quantities listed are one-month total estimates based on usage during an 8-month academic school year (August 20th through December 20th and January 10th through May 10th). Contractor should be advised that University requirements vary drastically during vacation periods (Summer, Winter Break, Spring Break, etc.). University Dining Services will, whenever possible, give the contractor advance notice when usage of a particular item substantially increases from the amount specified, or what the norm has been for the bid period. Delivery requirements will be determined weekly for three (3) delivery locations at the University. Quantities for the following delivery shall be ordered between 2:00 p.m. and 4:00 p.m. Monday for Wednesday delivery, Wednesday for Friday delivery, and Friday for Monday delivery unless mutually agreed upon. The quantity of each product delivered shall not exceed, or fall short, of the quantity ordered by more than five percent (5%). The receiving location may, at its option, reject such portions of a shipment that exceed five percent (5%) of the amount ordered. Items short more than the allowable five percent (5%) will be subject to non-delivery penalty. Minimum orders or delivery charges are not acceptable. An itemized packing slip and/or invoice must be provided to receiving personnel at the time of delivery. The University shall inspect items at the time of receipt, noting any discrepancies or visible damage on the contractors delivery receipt. Discrepancies or damages noted must be initialed by the contractor’s delivering agent. When satisfied that the shipment is in proper order and/or all discrepancies have been properly noted and initialed, the receiving person shall sign the contractor’s delivery receipt and keep one copy. The University reserves the right to reject all or part of a delivery. 7. NON-DELIVERY PENALTY The contractor shall notify the University by telephone a minimum of twenty-four (24) hours prior to delivery as to any ordered item being out of stock or shorted. Balance of incomplete deliveries may be cancelled. Shorted items that cannot be supplied by the contractor by date required may be purchased elsewhere by the University. The contractor shall be liable for the difference in cost between the contract price and the price of such emergency purchases. To liquidate the effect of such costs, the contractor agrees that such costs may be deducted from invoices payable to the contractor. Any amount outstanding over and above the amounts deductible from invoices will be promptly tendered by check by the contractor to the University. 8. EQUIPMENT TO BE PROVIDED BY THE CONTRACTOR 8.1 The contractor shall provide six (6) dispensing units that are 2007 models or newer as described below. These dispensing units shall remain the property of the contractor, and all repairs and/or service required for these dispensing units shall be the responsibility of the contractor. 8.2 The University shall provide electric wall outlets, 115 volts, single phase, 60 cycle, and the electricity for the operation of these dispensing units. 8.3 The size of the dispensing units must conform fairly close to the models specified herein due to space limitations. The appearance of the units shall be compatible with the decor of the dining areas, and the University reserves the right to approve all equipment prior to installation. 8.4 It is not the intent of the University to dictate the exact equipment required; however, the following guidelines are set forth. 8.4.1 Dispensing units shall operate with their own electric refrigeration unit sufficient to serve the beverage ice cold. Bidders shall indicate the type of dispensing units they propose to furnish, with a brochure and/or description of the units to be included with their quotation. Control thermostat should be located on the back of the unit. 8.4.2 Gravity Flow dispensing units shall accommodate 5-gallon single service box and bag containers. 8.4.3 The dispensing units shall be designated for ease of cleaning and sanitizing. 8.4.4 The contractor is to supply new and clean plastic keeper cases with lids to hold the milk in an upright position in the milk dispensing units. Approximately 40 keeper cases will be needed to be supplied by the contractor for initial startup. 9. GRADE AND REGULATIONS (QUALIFIED PRODUCTS) Fluid Milk and Dairy Products furnished hereunder 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. Those establishments outside the State of Wisconsin need to be licensed and inspected by the appropriate state authority. Merchandise delivered must be guaranteed to comply in all respects to all applicable Federal Pure Food Laws and Regulations, and Wisconsin Laws. 10. PACKAGING, LABELING, AND DATE CODING Products shall be labeled and 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. Packages found to be leaking, shall be held for credit or exchange. The University, as its option, may request that the Wisconsin Department of Agriculture, Weights and Measures Division, inspect any packages of product that are suspected to be “short filled”. Should any product be judged to be “short filled” the contractor shall replace or financially reimburse the University for all such delivered product. Product labeling shall conform to the Wisconsin Administrative Code Chapter Ag. 80.16. All products furnished shall be dated with the last date product may be sold. Products shall have minimum of seven (7) days shelf life at the time of delivery. If product dating is coded, the coding key shall be furnished to the using University. 11. PRODUCT IDENTIFICATION Individual packages shall be plainly marked with the kind, variety, count, net content of the individual containers therein, and the name of the manufacturer or packer. Only one brand for each item may be furnished. Unless otherwise specified in the bid, mixed lots varying in brand, origin, or trademark will not be acceptable. Shipping containers shall be plainly marked with the kind, variety, number, and net content of the individual containers therein. Any shipped containers received which are not properly marked, as per the instruction above, can be cause for automatic rejection. 12. DETAILED PRODUCT SPECIFICATION 12.1 Milk, homogenized, pasteurized, 3.25% minimum milk fat fortified with 400 U.S.P. units of Vitamin D per quart. Item 1,2,3,4. 12.2 Milk, Low Fat, homogenized, pasteurized, 2% minimum milk fat fortified with 400 U.S.P. units of Vitamin D and 2000 U.S.P. units of Vitamin A per quart. Item 5,6,7,8,9. 12.3 Milk, Low Fat, homogenized, pasteurized, 1% milk fat, fortified with 400 U.S.D. units of vitamin D and 2000 units of Vitamin A per quart. Item 10,11. 12.4 Milk Skim, homogenized, pasteurized, maximum .5% milk fat, minimum 8.25% milk solids, non fat, fortified with 400 U.S.P. units of Vitamin D and 2000 U.S.P. units of Vitamin A per quart. Item 12, 13, 14, 15. 12.5 Milk, Chocolate Flavored, pasteurized, homogenized, maximum 1% milk fat, minimum 8.5% milk solids, natural cocoa flavoring. Item 16, 17, 18. 12.6 Milk, skim chocolate flavored, homogenized, pasteurized, maximum .5% milk fat, minimum 8.25% milk solids, non fat fortified with 400 USP units of Vitamin D and 2000 USP units of Vitamin A per quart. Item 19. 12.7 Milk, strawberry flavored, pasteurized, homogenized, maximum 1% milk fat, minimum 8.5% milk solids, fortified with 400 USP units of Vitamin D and 2000 USP units of Vitamin A per quart. Item 20. 12.8 Buttermilk, cultured, pasteurized, minimum 8.25% milk solids, maximum 1% milk fat, produced from milk or skim milk as previously specified. Item 21. 12.9 Cream, Half and Half, UHT, ultra pasteurized, needing no refrigeration, minimum 10.5% milk fat but less than 18% milk fat. Item 30, 31. 12.10 Cream, Sour, cultured, minimum 18% milk fat, maximum acidity 0.20% expressed as lactic acid. Item 22. 12.11 Cream, Sour, cultured, minimum 7% milk fat, maximum acidity .20% expressed as lactic acid. Item 23. 12.12 Chip Dip, milk fat maximum 15%, total solids minimum of 26.5%. Items 28, 29. 12.13 Cottage Cheese, Low Fat, Creamed, minimum 1% milk fat and not more than 2%, by weight, maximum 82.5% moisture, small curd as specified. Item 27. 12.14 Ice Milk Mix, Vanilla, pasteurized, minimum 3.5% milk fat and 11% milk solids, natural or artificial vanilla flavoring. Item 25. 12.15 Ice Milk Mix, Chocolate, pasteurized, minimum 3.5% milk fat and 11% milk solids, natural cocoa flavoring. Item 26. 12.16 Butter, U.S. Grade A. Item 34, 35, 36. 13. PRODUCTS SPECIFIED ON ITEMIZED BID LIST Products not herein listed under detailed product specifications in Section 12 are shown on the itemized bid forms. These products shall be furnished and produced according to standard commercial practices. 14. SAMPLES Bidders may be required to submit representative produce samples, three (3) each to the University prior to contract award. Product evaluation shall include, but not be limited to: general appearance, color, texture, flavor, usage performance, nutritional content, packaging, ingredients, and a blind taste test. Delivery location of samples will be designated at the time the samples are requested. Samples must be delivered within three (3) days of request at no charge to the University. Failure to submit requested samples will result in disqualification of your bid. If a brand is quoted which the University is currently using, a bid sample may not be required. All samples will be tested in an identical manner. Failure to submit samples required many result in disqualification of your bid. If you are interested in having, other products qualified for the next bid, provide a list of those products (in a separate letter from this bid) to: Pauline Smith, University of Wisconsin Platteville, University Centers, 1 University Plaza, Platteville, WI 53818. The University will, at the appropriate time in advance of the next bid, request no charge samples from you for testing. Bidders should clearly indicate the brand being bid for every item. 15. EMERGENCY PRODUCT SUBSTITUTIONS AND OUT OF STOCK ITEMS Product substitutions may be made upon mutual agreement of contractor and University prior to shipment. Such substitutions shall be made only by furnishing an equal or better quality and/or grade product than originally specified at no additional cost to the University. The contractor shall notify the University by telephone twenty-four (24) hours (minimum) prior to delivery as to any ordered item indicated as out of stock or shorted. Substitute equivalent products shall be offered to the University by the contractor when out of stock product situation occurs. Failure to provide substitute equivalent or better products for “out-of-stock” products shall subject the Contractor to the non-delivery penalty. Invoices to denote all items and quantities as ordered. Any shorted items to be noted as “out of stock” or “T.O.” 16. NEW AND DELETED PRODUCTS The contractor shall supply a copy of the current list of normally stocked products from which the University might purchase items. The contractor shall promptly notify University Dining Service of new or discontinued items. Additional items may be added to this contract at the discretion of the University of Wisconsin-Platteville Dining Service. Additional items shall be priced in a manner consistent with similar contract items. University Dining Service may delete products that are no longer manufactured, no longer used, or not being ordered in sufficient quantity. 17. ESTABLISHMENT INSPECTION All products furnished shall originate in either U.S. Department of Agriculture or State of Wisconsin, Department of Agriculture inspected establishments. The contractor shall adhere to the highest standards of cleanliness and sanitary practices to insure continual sanitation in all functions and matters related to this contract. Authorized representatives of the University shall have full right of access and cooperation of the contractor or their sources of supply on inspections which they may wish to conduct. The contractor shall be responsible for obtaining all required permits, licenses and bondings and shall comply with all municipal, county, State and Federal Laws. 18. COOPERAGE The University is not responsible for case/carton/can cooperages. The University will be diligent in returning empties. 19. PRICING STRUCTURE 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 (July 2008); thereafter, prices shall be adjusted on a monthly basis per the Escalation Formula as outlined herein under Section 20. 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 Section 20. Price adjustment proposals must be submitted to: Pauline Smith University of Wisconsin-Platteville University Centers, 1 University Plaza Platteville, WI 53818 Prices for products not covered by formula and market indicators (i.e. butter & juices) shall remain firm for the initial six (6) month contract period. Thereafter, price changes may be made at six (6) month intervals. Price change requests must be submitted not less than thirty days prior to the beginning of the six (6) month period in which they are to be effective. The request must be supported by a documented increase in the costs to the contractor which are demonstrated to be industry wide. Price change requests must be submitted to the University of Wisconsin-Platteville appropriate campus authority. If approved, an amendment incorporating the new prices shall be issued. The invoiced price will be the price in effect on the date of the shipment. If not approved, the item(s) or group(s) affected may be re-bid. 20. C.M.P.C. PRICING 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: The contractor is responsible to notify the University 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 University. 20.1 Base Month CMPC prices for calculating future prices is as follows: (June 2008 price announcement) Class I Class II Western Order 30 Outside Order 20 $23.66 per cwt. $13.37 per cwt. 20.2 Fluid Milk Products (Class I) Formula to be used for: Items 1-1 through 1-35 and 1-43 through 1-45 of the itemized bid list. For each $.05 per hundred weight increment or fraction thereof that Class I, Fluid Milk (3.5% Butter Fat) advances or declines from the base month’s CMPC price established per contract, prices for individual fluid products, as quoted per bid submitter, should be adjusted as follows, with fractional increments prorated. ½ Pints $.0003 unit Pints $.0006 unit Quarts $.0012 unit ½ Gallons $.0024 unit Gallons & Multiples of Gallon Units $.0048 unit/gallon Formula Application Example: Class I - Base Price $13.89 per cwt per contract New Price $14.64 per cwt $ + .75 per cwt $.75 ÷ $.05 = 15 ½ pt $.0003 x 15 = .0045 ½ gal $.0024 x 15 = .036 Price quoted per bid submittal (+/-) formula change equals new price. ½ pts, homo. - .1125 + .0045 = $.117 ½ pts, 2% - .1024 + .0045 = $.1069 ½ gal, homo. – 1.6414 + .036 = $1.6774 20.3 Cottage Cheese Products, Cultured Sour Cream (Class II Outside Order 30) Formula to be used for: Items 1-36 through 1-42 of the itemized bid list. For each $.12 per hundred weight increment or fraction thereof that Fluid Milk, Class II (3.5% Butter Fat) advances or declines, from the base month’s CMPC price established per contract, prices as quoted per bid submitted shall be adjusted $.01 per pound, with fractional increments prorated. 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. Formula Application Example: Class II - Base Price $12.12 per cwt per contract New Price $12.60 per cwt $ +.48 per cwt $.48 ÷ $.12 = $.04 per lb adjustment Price quoted per bid submittal (+/-) formula changes equal new price. Sour Cream - $.68/lb + $.04/lb = $.72/lb 20.4 Butter Pricing The Chicago butter market will be used as base for pricing on Items 2-1 through 2-3. Base price used for this bid will be from Friday, May 30, 2008. 21. BID SUBMISSION Bidders shall submit a written bid, using the forms provided, in a sealed envelope, and carry the bidder’s name and address. Bidders shall include the following information on the outside of the bid envelope or package: Request for bid number Date of opening Time of opening Description of commodity or services for which the bid is submitted 22. BIDDER QUALIFICATIONS To be eligible for a contract award you must be qualified and able to provide the following as required or your bid shall be disqualified: 22.1 Bidder must designate a person to provide on-going communication, coordinate servicing, answer questions, and expedite deliveries and service. Respond on “Bidder Information” sheet. 22.2 Bidder must be an original manufacturer, or distributor, or dealer authorized by manufacturer. 22.3 Bidder must be able to maintain an inventory or products required in this bid. 22.4 Bidder must be able to report on a monthly basis all products purchased against this contract. 23. METHOD OF BID Bidders must use the bid forms attached. Bidders are asked to quote on all items listed in a group in order that a “low lot total award” by group may be made if possible. 23.1 Unit price quotes must be for the unit of purchase as shown in the quantity and unit column as indicated on the Itemized Bid List Form, i.e., lb., case, etc. It is the bidder’s responsibility to read and note the Special Conditions of Bid and Standard Conditions of Bid. Failure to do so does not exempt the bidder from complying with said conditions. 23.2 Bidders should indicate a unit price and extended total for each item listed on the “Itemized Bid List” using the estimated monthly quantities. 23.3 Bidders shall indicate their firm name in the space provided at the top of the bid form. 23.4 Bidders must indicate, on the bid form, the brand and other identification (product code number) for each item they propose to furnish, and any deviation from the specified packaging or product description. 23.5 Any items on the “Itemized Bid List”, which cannot be supplied by the bidder, must be identified. 23.6 If you are not bidding exactly as specified, you must provide complete specifications and descriptive brochure or detail for the units your propose to furnish, clearly identified by manufacturers name and identification number. 23.7 Any information held to be proprietary by a bidder must be plainly marked as such on the itemized bid list. The University of Wisconsin-Platteville and the Board of Regents will not be responsible for information that has not been plainly designated as proprietary prior to the bid opening. 23.8 Bid prices are to include all packing, transportation, and insurance costs. 23.9 Special order conditions for bid should be indicated and will be considered in evaluation and may be cause for non-award of item and/or bid. 23.10 Bids not submitted on the “Itemized Bid List” may be rejected. Bidders are advised to make their bids as complete as possible. Incomplete bids will be considered only if in the University’s best interest. 23.11 Complete and return the following: a. Request for Bid Form – 2 copies required b. Itemized Bid List – 2 copies required c. Bidder Information Form – 2 copies required d. Nutritional Analysis for each product – 1 copy required e. One sample of invoice 24. METHOD OF DETERMINATION AND AWARD 24.1 Determination Determination of award will be based on low dollar total of each group as shown on the bid forms. Evidence of bidder’s ability to supply all items of a group, as specified, will enter in the final determination through evaluation of bids submitted. Potential volume of early pay discounts that bidders may offer will not be part of the discrimination process for this inquiry. However, this does not preclude the awarded bidder from offering discounts or rebates to the University during the length of the contract period. 24.2 Award Award shall be made on the basis of the lowest lot total which is judged to be in the best interest of the University of Wisconsin System. The right is reserved, however, to award on a group basis or to cancel all or part of this bid. 25. REFERENCES Following the bid opening bidders may be requested to supply to the University names of customers with contracts of similar volume. 26. NOTIFICATION OF AWARD The successful bidder will be notified of the award by University of Wisconsin – Platteville Purchasing Office. 27. PURCHASE ORDERS Blanket purchase orders will be issued for product group awards by the University for the period specified. University Dining Service Areas will be notified as to the name of the successful bidder or bidders. Blanket Orders will be issued by each Dining Services Unit to cover their requirement for the twelve (12) month contract period. Each unit will place “as needed” orders directly with the vendors. 28. METHOD OF ORDERING Each delivery location will designate one person to place orders. Only the University of Wisconsin – Platteville Dining Services shall be eligible to purchase from this contract. Reference phone numbers for orders: Glenview Commons (2 accounts) Platters – Nora – 608-342-1776 Greenwood Avenue Market – Karin – 608-342-1778 Pioneer Student Center – Doug – 608-342-1341 29. METHOD OF INVOICING The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt of UW-Platteville Accounts Payable. Before payment is made, the University must also verify that all invoiced charges are correct and identified as being a part of this contract. Only properly submitted invoices shall be officially received for payment. All invoices must be itemized showing: a. Purchase order number h. Quantity shipped b. Contractor name i. Pack size/unit c. Remit to address j. Complete product description d. Delivery account designated in Section 28.0 k. Brand name or abbreviation (if applicable) e. Delivery date l. Contractor’s product number(s) f. Invoice number m. Unit price per the contract g. Quantity ordered n. Invoice total Please submit a sample invoice with your bid showing how you shall meet these requirements. Failure to meet these requirements may result in disqualification of your bid or cancellation of your contract. Each delivery point shall be invoiced separately. Each invoice should contain only those products covered by the purchase order designated on that invoice. All invoice prices are to be stated in the same units as the units shown on the bid form. Invoices accompanying deliveries will be in duplicate. 30. DELIVERY CONDITIONS Delivery is to be made in clean, enclosed, odor free, temperature controlled truck. Temperatures of products at the time of delivery are to be: Refrigerated products 35 - 40º F Frozen products 0º F or frozen hard Non-compliance will result in refusal of product and replacement at vender’s expense. 31. FAX BIDS FAX bids are acceptable by UW-Platteville; it is your option. Faxed bids will be rejected if they are not received in the Purchasing Office on time. You may FAX your bid to the attention of Carol Rauch at 608-342-1222. 31.1 All faxed bid responses will have a facsimile transmission cover letter which includes: a. Date b. Agency fax number c. Agency name d. Agency contact person and telephone number e. Bidder fax number (if available) f. Bidder name g. Bidder contact person and telephone number h. Number of pages (including cover) being transmitted 31.2 Faxed replies to bid requests will be signed. Each page will be initialed and numbered "page 1 of 5, page 2 of 5," etc. 31.3 Faxed bids will be rejected if they do not arrive on time, i.e., the last page of the fax transmission must be completed prior to the bid opening due date and time. It is the bidder’s responsibility to ensure the faxed bid has been received by the Purchasing Office. Fax bids must be confirmed in writing within two (2) days of transmission. 32. SMOKE-FREE ENVIRONMENT All University buildings are smoke-free. No smoking is permitted. 33. NOTIFICATION TO BIDDERS: 33.1 VendorNet: 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. Vendors may use the same Web site address for inclusion on the bidders list for goods and services that the organization wants to sell to the state. A subscription with notification guarantees the organization will receive an e-mail message each time a state agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $25,000. Organizations without Internet access receive paper copies in the mail. Increasingly, state agencies also are using VendorNet to post simplified bids valued at $25,000 or less. Vendors also may receive e-mail notices of these simplified bid opportunities. 33.2 Minority Businesses: The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The contracting agency is committed to the promotion of minority business in the state's purchasing program. The State of Wisconsin policy provides that minority-owned business enterprises certified by the Wisconsin Department of Commerce, Bureau of Minority Business Development should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority-owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises. The supplier/contractor shall furnish appropriate quarterly information about its effort to achieve this goal, including the identities of such enterprises certified by the Wisconsin Department of Commerce and their contract amount. A listing of certified minority businesses, as well as the services and commodities they provide is available from the Department of Administration, Office of the Minority Business Program, 608/267-7806. The listing is published on the Internet at: http://www.doa.state.wi.us/pagesubtext_detail.asp?linksubcatid=36 34. ADDITIONAL INFORMATION Please contact Carol Rauch 608-342-1221 if you have any questions regarding the bid process. Technical questions regarding the products to be bid should be directed to Pauline Smith 608-342-6048. UNIVERSITY OF WISCONSIN – PLATTEVILLE REQUEST FOR BID NO. CR-2667 FLUID MILK/DAIRY PRODUCTS/FRUIT JUICES BIDDER INFORMATION SHEET (Bidders must return this page with their bid response.) 1. Contractor _________________________________________________________________ Ordering/Expediting __________________________________________________________ Invoice Information ___________________________________________________________ Contract Renewal/Cancellation __________________________________________________ Contract Problems ___________________________________________________________ Returns ____________________________________________________________________ Phone No. ____________________________ Fax # _____________________________ 2. Can you meet delivery requirements on Monday, Wednesday, and Friday? Yes _______ No _________ 3. Can you supply emergency service on any day? If not state days of exception. Yes _______ No _________ 4. Did you include detailed information about the equipment you wish to supply? Yes ________ No _________ 5. Did you supply the nutritional analysis requested in Section 22? Yes _______ No __________ RETURN THIS PAGE WITH BID 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 the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The State of Wisconsin shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal. 2.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable. 3.0 QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the State of Wisconsin. 4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right to increase or decrease quantities to meet actual needs. 5.0 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified. 6.0 PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts. 6.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration. 6.2 Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be submitted to the contracting agency thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the contractor which are demonstrated to be industrywide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements. 6.3 In determination of award, discounts for early payment will only be considered when all other conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30). 7.0 UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act. 8.0 ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the State of Wisconsin. Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid/proposal is due. Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a bid/proposal by the purchasing office. 9.0 METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified. 10.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized. 11.0 PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. A good faith dispute creates an exception to prompt payment. 12.0 TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The State of Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials. 13.0 GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs. 14.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority. 15.0 APPLICABLE LAW AND COMPLIANCE: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. The State of Wisconsin also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts. 16.0 ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser). Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract. 17.0 ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the prior written consent of the State of Wisconsin. 18.0 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals. 19.0 NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. 19.1 Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor has a workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is awarded, the contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency. 19.2 The contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law. 19.3 Failure to comply with the conditions of this clause may result in the contractor's becoming declared an "ineligible" contractor, termination of the contract, or withholding of payment. 20.0 PATENT INFRINGEMENT: The contractor selling to the State of Wisconsin the articles described herein guarantees the articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe any United States patent. The contractor covenants that it will at its own expense defend every suit which shall be brought against the State of Wisconsin (provided that such contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit. 21.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the State of Wisconsin must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards. 22.0 WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the contractor. 23.0 INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall: 23.1 Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work. 23.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage. 23.3 The state reserves the right to require higher or lower limits where warranted. 24.0 CANCELLATION: The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract. 25.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin. 26.0 PUBLIC RECORDS ACCESS: It is the intention of the state to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities. Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract. 27.0 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request, must be clearly stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted. However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation. 27.1 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the property of the State of Wisconsin. 27.2 Any material submitted by the vendor in response to this request that the vendor considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary Information form (DOA-3027). Bidders/proposers may request the form if it is not part of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential. 28.0 DISCLOSURE: If a state public official (s. 19.42, Wis. Stats.), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123). State classified and former employees and certain University of Wisconsin faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis. Stats. 29.0 RECYCLED MATERIALS: The State of Wisconsin is required to purchase products incorporating recycled materials whenever technically and economically feasible. Bidders are encouraged to bid products with recycled content which meet specifications. 30.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s). 31.0 PROMOTIONAL ADVERTISING / NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its departments, agencies or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the State of Wisconsin. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency. 32.0 HOLD HARMLESS: The contractor will indemnify and save harmless the State of Wisconsin and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the contractor, or of any of its contractors, in prosecuting work under this agreement. 33.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of Corporation, P. O. Box 7846, Madison, WI 53707-7846; telephone (608) 261-7577. 34.0 WORK CENTER PROGRAM: The successful bidder/proposer shall agree to implement processes that allow the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to purchase goods and services produced by work centers certified under the State Use Law, s.16.752, Wis. Stat. This shall result in requiring the successful bidder/proposer to include products provided by work centers in its catalog for State agencies and campuses or to block the sale of comparable items to State agencies and campuses. 35.0 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this Agreement in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party.
Pages to are hidden for
"Vitamin Industry Sales Stats - DOC"Please download to view full document