"Free Sample Safety Glasses Proposal Forms - DOC"
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 #27841 PA. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting Department of Administration purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in Bureau of Procurement another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a th bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly 101 East Wilson Street, 6 Floor and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with P.0. Box 7867 sample packages or other bids. Bid openings are public unless otherwise specified. Records will Madison, WI 53707-7867 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) November 3, 2006 2:00 P.M. CT Name (Contact for further information) Peter Ansay Phone Date 608-266-0462 October 09, 2006 Quote Price and Delivery FOB Any Wisconsin Destination Fax bids are accepted Fax bids are not accepted Item Quantity Price Description No. and Unit Per Unit Total Prescription Safety Glasses for State of Wisconsin Agencies. Payment Terms Delivery Time We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids. We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605. Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States. Yes No Unknown In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid. Name of Authorized Company Representative (Type or Print) Title Phone ( ) Fax ( ) Signature of Above Date e-mail. This form can be made available in accessible formats upon request to qualified individuals with disabilities. STATE OF WISCONSIN REQUEST FOR BIDS (RFB) # 27841 PA FOR: Prescription Safety Glasses TABLE OF CONTENTS 1.0 INTRODUCTION AND PURPOSE 2.0 BID PROCEDURE AND INSTRUCTIONS 3.0 BID ACCEPTANCE, EVALUATION AND AWARD 4.0 TECHNICAL REQUIREMENTS 5.0 PERFORMANCE REQUIREMENTS 6.0 ADMINISTRATIVE SUPPORT REQUIREMENTS 7.0 COST INFORMATION - BID FORM 1 (BF1) - BID FORM 2 (BF2) - BID FORM 3 (BF3) 8.0 REQUIRED FORMS - REQUEST FOR BID FORM (#3070) (BID COVER PAGE) - VENDOR INFORMATION FORM (#3477) - BID CHECKLIST & OTHER REQUIRED ADDITIONAL INFORMATION (#3477A) - VENDOR REFERENCE FORM (#3478) - CONRACT FORM (2 COPIES) (#3049) - DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION (#3027) - WISCONSIN COOPERATIVE PURCHASING AGREEMENT (#3333) 9.0 TERMS AND CONDITIONS - SPECIAL TERMS AND CONDITIONS - STANDARD TERMS AND CONDITIONS APPENDIX 1 1.0 INTRODUCTION AND PURPOSE: 1.1 PURPOSE OF THE REQUEST FOR BID: The purpose of this document is to provide interested parties with information to enable them to prepare and submit a bid for supplying State of Wisconsin state agencies and Institutions with Prescription Safety Glasses. The State as represented by its Department of Administration intends to use the results of this process to award a contract for Prescription Safety Glasses. 1.2 REASONABLE ACCOMMODATIONS: The Department will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations at a bid opening, contact Peter Ansay at 608-266-0462 (voice) or 608-267-0600 (FAX). 1.3 SCOPE: The Department of Administration, State Bureau of Procurement (DOA/SBOP) intends to utilize this bid to purchase prescription safety glasses on an as needed basis for all State of Wisconsin agencies through either agency dispensing or retail outlets. Wherein this request for bid (RFB), a reference is made to the State of Wisconsin, it is intended to refer to all state agencies and Institutions and the University of Wisconsin System Campuses. The policy for supplying prescription safety glasses to employees is determined by each ordering agency based on the respective agencies interpretation of the State of Wisconsin collective bargaining agreements. Each agency may set limits on what they will provide and pay for in regards to prescription eyewear. Agencies participating in this contract will include: Department of Corrections, Department of Transportation, Department of Health and Family Services, University of Wisconsin System, and the remaining agencies. Any contract resulting from this request for bid (RFB) will establish uniform pricing to include but not limited to the following categories: Lenses, Frames, Coatings, Misc. add-ons and Accessories. To adequately protect employees and to conform to OSHA and ANSI standards all safety glasses ordered on the resulting contract will come with either permanently attached or detachable side-shields. Sales Volume: The estimated sales volume per year is approximately $300,000. No guarantee can be made on the amount of purchases to be made during the forthcoming contract period. The successful contractor will be responsible for the furnishing of any and all quantities in any and all sizes required. 1.4 OVERVIEW OF PROCURING AGENCY: The Department of Administration performs administrative and executive functions for the State of Wisconsin. The Department of Administration, State Bureau of Procurement (DOA/SBOP) will administer the contract resulting from this RFB. The contractor and the respective ordering agencies will work together to resolve any problems and issues related to the purchase of goods such as ordering, delivery, or return. The contractor shall communicate or meet with the designated ordering agency representative, as requested, to resolve problems. Any problems that cannot be resolved between the ordering agency representative and the contractor will be referred to the Bureau Contract Administrator. The Contract Administrator will inform the contractor in writing of the unresolved issues and the contractor will respond with proposed corrective actions within ten (10) business days of receipt of this letter. Either the Bureau or the contractor may request meetings to address unresolved contract issues. 1.5 CONTRACT LENGTH AND EXTENSIONS: The contract effective date shall be on or around December 1, 2006. The contract term will be for two (2) years, with options to extend the contract for three additional one (1) year terms. These are not automatic extensions. Contracts will be reviewed by the Bureau before a decision to renew is made. Any extension(s) must be authorized by mutual written agreement of the contractor and the Bureau. 1.6 METHOD OF AWARD: One award will be made to the lowest responsive responsible bidder for all items on Section I on BF1 & Section 2 on BF2. These forms are located in Section 7. Bid prices in Section III on BF3 are subject to negotiation with the low bidder. 1.7 CANCELLATION AND TERMINATION: The State reserves the right to cancel the resulting contract/agreement, for any reason, by giving written notice to contractor of such cancellation and specifying the effective date thereof, at least ten (10) business days before the effective date of such cancellation. Contractor shall, in the event of such cancellation, be entitled to receive compensation for any work accepted hereunder in accordance with the State's order(s). Contractor may also be compensated for partially completed work in the event of such cancellation. The compensation for such partially completed work shall be no more than the percentage of completion of each work effort, as determined within the sole discretion of the State, times the corresponding payment for completion of such work as set forth in the State's order(s). Upon cancellation, termination or other expiration of the resulting contract/agreement, each party shall forthwith return to the other all papers, materials, and other properties of the other held by each for purposes of execution of the contract/agreement. In addition, each party will assist the other party in the orderly termination of this contract/agreement and the transfer of all aspects hereof, tangible or intangible, as may be necessary for the orderly, non-disruptive business continuation of each party. 1.8 VENDORNET REGISTRATION: Only vendors registered with the State of Wisconsin’s VendorNet will receive future official notice for this service/commodity. The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies, goods and services that the state buys, and tips on selling to the state. 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. 2.0 BID PROCEDURES AND INSTRUCTIONS: 2.1 METHOD OF BID: Vendor must submit an original, marked as such, and one copy of all materials required for acceptance of their bid by the deadline shown on the Request for Bid form to: USPS ADDRESS COMMON CARRIER ADDRESS Peter Ansay Peter Ansay State Bureau of Procurement State Bureau of Procurement th P.O. Box 7867 101 East Wilson Street, 6 Floor Madison, WI 53707-7867 Madison, WI 53702 (608)-266-0462 Bids must be received and time-stamped by the State Bureau of Procurement above prior to the stated opening time. Bids not so stamped will be considered late. Receipt of a bid by the State mail system does not constitute receipt of a bid by the State Bureau of Procurement, for purposes of this request for bids. All bids must be packaged, sealed, and show the following information on the outside of the package: Vendor's Name and Address: Request for Bid Title: Prescription Safety Glasses for State of Wisconsin Request for Bid Number: 27841 PA Bid Due Date and Time: November 3, 2006 2:00pm CT When sending the bid via express or overnight mail, complete the information requested on the outside of the overnight envelope. Bureau personnel will open and time stamp the internal envelope. The Bureau is not responsible for improperly labeled bids. Vendors risk rejection of improperly labeled bids. 2.2 FAX BIDS: Fax bids are not accepted. 2.3 CALENDAR OF EVENTS: Listed below are important dates and times by which actions related to this Request for Bid (RFB) must be completed. In the event that the State finds it necessary to change any of these dates and times it will do so by issuing a supplement to this RFB. DATE EVENT October 9, 2006 Date of issue of the RFB. October 19, 2006 Last day for submitting written inquires. October 25, 2006 Answers to questions posted on Vendornet November 3, 2006 Bids due from vendors. December 1, 2006 (est) Contact Start Date 2.4 FORMAT OF BID: Vendors responding to this RFB must comply with the following format requirements: a) Signed request for bid sheet (DOA Form 3070 – Bid Cover Page): Bids submitted in response to this RFB must be signed by the person in the vendor's organization who is responsible for the decision as to the prices being offered in the bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices. By submitting a signed bid, the vendor's signatories certify that in connection with this procurement: (a) the vendor's organization or an agent of the vendor's organization has arrived at the prices in its bid without consultation, communication or agreement with any other respondent or with any competitor for the purpose of restricting competition, (b) the prices quoted in the bid have not been knowingly disclosed by the vendor's organization or by any agent of the vendor's organization and will not be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor, and (c) no attempt has been made or will be made by the vendor's organization or by any agent of the vendor's organization to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. (b) State of Wisconsin Terms and Conditions: These standard and supplemental terms and conditions shall govern this proposal and subsequent award. Vendors must accept these terms and conditions or submit point-by-point exceptions along with proposed alternative or additional language for each point, including any vendor contracts. Submission of any standard vendor contracts as a substitute for language in the terms and conditions is not a sufficient response to this requirement and may result in rejection of the vendor's proposal. The State reserves the right to negotiate contractual terms and conditions other than those in the State of Wisconsin Contract when it is in the best interest of the State to do so. (c) Required Forms: Vendor must completely fill out and sign all required forms listed in Section 8.0 of this bid document. (d) Cost Information: Provide cost information on the cost sheets included in Section 7.0 of this RFB. All costs for furnishing the product(s) and/or service(s) included in the bid in accordance with the terms and conditions in this RFB must be included. 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 separately submitted and labeled as Bid #1, Bid #2, etc. on each page included in the response. Alternate acquisition plans do not constitute multiple bids. 2.6 INCURRING COSTS: The State of Wisconsin is not liable for any cost incurred by a vendor in the process of responding to this RFB. 2.7 QUESTIONS: Any questions concerning this RFB must be submitted in writing (via E-mail or faxed document) on or before the end of day October 19, 2006 to: FAX: 608-267-0600 EMAIL: email@example.com All questions must be in writing (DO NOT CALL WITH QUESTIONS) and the answers will be posted on Vendornet October 25, 2006 by the end of the day. Vendors are expected to raise any questions, exceptions, or additions they have concerning the RFB document or the attached State of Wisconsin Contract at this point in the RFB process. If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the vendor should immediately notify the above named individual, in writing, of such error and request modification or clarification of the RFB document. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions will be posted on VendorNet. From the date of release of this RFB, until a Letter of Intent is issued, all contacts with Department of Administration Personnel regarding this RFB shall be made through the Procurement Manager, th Peter Ansay. All contacts shall be made in writing by the October 19 deadline. Phone calls will not be acknowledged. Violation of this condition may be considered sufficient cause for rejection of a proposal, irrespective of any other considerations. Each bid shall stipulate that it is predicated upon the terms and conditions of this RFB and any supplements or revisions thereof. 2.8 NEWS RELEASES: News releases pertaining to the RFB or to the acceptance, rejection, or evaluation of bids shall not be made without the prior written approval of the State. 3.0 BID ACCEPTANCE, EVALUATION AND AWARD: 3.1 BID OPENING: Bids will be opened on November 3, 2006 at 101 E. WILSON ST., 6th floor, room 6D. Names of the vendors will be read aloud at that time. 3.2 BID ACCEPTANCE: Bids which do not comply with instructions or are unable to comply with specifications contained in this RFB may be rejected by the State. The State may request reports on a vendor's financial stability and if financial stability is not substantiated may reject a vendor's bid. The State retains the right to accept or reject any or all bids, or accept or reject any part of a bid deemed to be in the best interest of the State. The State shall be the sole judge as to compliance with the instructions contained in this RFB. 3.3 BID EVALUATION: Bids will be evaluated by the Bureau of Procurement to verify that they will meet all specified requirements in this RFB. This verification may include requesting reports on the vendor's financial stability, conducting demonstrations of the vendor's proposed products(s) and/or service(s), and reviewing results of past awards to the vendor by the State of Wisconsin. Bids from certified Minority Business Enterprises may be provided up to a five percent (5%) bid preference in accordance with Wis. Stats. s. 16.75(3m). 3.4 NOTIFICATION OF INTENT TO AWARD: Any vendor who responds to this RFB, with a bid, will be notified in writing 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 8:30 a.m. to 4:30 p.m. at 101 E. Wilson St., 6th floor, Madison WI. Vendors should schedule reviews with Peter Ansay at 608-266-0462 to ensure that space is available for the review. 4.0 TECHNICAL REQUIREMENTS: 4.1 SAFETY STANDARDS All safety prescription eyewear (lenses, frames, and side-shields) must satisfy requirements of Wisconsin Code COMM 32.50 and the latest OSHA and ANSI standards (29 CFR and ANSI Z80.1 and Z87.1-2003). All lenses and frames are to be marked permanently to identify them as safety eyewear. Special consideration should be made to OSHA regulation 1910.133(2). 4.2 APPROVED BRANDS Aearo AO Safety and Titmus are approved brands and frame numbers are indicated on the bid form for reference only. Vendor may offer an alternate brand but samples will be required for evaluation if low bid after bid opening. 4.3 SIDE SHIELDS: All Prescription safety glasses will come with either permanently attached or detachable side shields. Ordering agencies may require side shields to be permanently attached. (See section 5.5 for order form requirements) 4.4 MISCELLANEOUS SPECIFICATIONS Glasses/Lenses should be inspected with at least a 40 watt light, increased wattage is encouraged. Physical appearance of lenses should be free of aberrations within a 20 mm radius from the major reference point or optical center. Lenses should be tight in frame so as they will not fall out or be turned by regular cleaning. Frames should be in proper alignment. Temple tips should be adjusted in such a way to not make contact with the back surface of the lens. Frames are to be available in all colors, eye sizes (including child sizes for small individuals), bridge sizes and temple lengths as available from manufacturers. 4.5 PACKAGING AND EYEGLASS CASE Each prescription must be individually boxed and “bubble” wrapped. Included with each prescription shall be an eyeglass case with a non-metallic clip. 5.0 PERFORMANCE REQUIREMENTS: 5.1 VENDOR QUALIFICATIONS: Because of the widespread distribution of product throughout the state, vendors must meet the following criteria: Vendor must currently be in business, supplying similar goods and services to customers similar to the State of Wisconsin for a minimum period of one (1) year. Only give references that meet this requirement on Vendor Reference Form (#3478) in Section 8 of required forms. Vendor must have ample dispensing centers that have full safety frame sets, at locations identified in Appendix 1. As required in Section 6.5. Vendor must be capable of supplying the entire state. 5.2 RETURNS: Prescription errors by doctors are to be returned and replaced at no charge if returned within 60 days. 5.3 CONTRACT PRICE INCREASES: The prices shall not be subject to increase for a period of one (1) year from the date of contract award. Any proposed price increases shall be submitted in writing to the State thirty (30) calendar days before the proposed effective date of increase. Requested increases shall be limited to direct cost increases to the contractor, which are demonstrated to be industry wide. Full documentation of such increases shall be submitted with any request for increase. The State may accept, negotiate, or reject any requested price increases. Should the State reject the request for increase, the contractor may elect to cancel the contract, provided they notify the State in writing 120 days prior to the cancellation date. Should the contractor’s cost decrease during the term of the contract, the contractor shall immediately notify the State. Such cost decreases shall become effective to the State the same date the decrease is effective to the contractor, however, contractor will not be responsible for refunding price differences until new pricing is posted to the contract by the contract manager. 5.4 PLACEMENT OF ORDERS Model 1 Agency Dispensing: Where an individual requires eye protection, the individual will bring a prescription to the ordering agency, the agency will fill out a customized Prescription Eyewear order form (as described in 5.5 of Performance requirements) supplied by the contractor. The agency will submit the order form to the contractor and the contractor will in turn fill the order then ship and invoice the glasses to the ordering agency. Model 2 External Dispensing: Where an individual requires eye protection, the individual will receive a customized order form from the ordering agency. The individual will take the order form and his/her prescription to a qualified dispenser supplied by the contractor. The dispenser will help the individual select the proper safety glasses and fill out the order form. The dispenser will have the option to 1.) submit the order form to the contractor or 2.) at the request of the agency have the individual take the order form back to his/her agency and the agency will submit the order form to the contractor. The contractor will complete the order then ship the glasses to the dispenser, and pay the dispensing fee to the dispenser (see section 5.8). The contractor will then invoice the ordering agency, including the dispensing fee. The individual will return to the dispenser for final fitting of his/her safety glasses. Vendor should have the capability to store information on each Agencies policy on what they will pay for and provide to employees. 5.5 ORDER FORMS Order forms must be available electronically and in printed format at the request of the ordering agencies. The State would like full catalog availability, but individual agencies may restrict some of the choices available or require certain items (ie: permanently attached side shields). The electronic version should be customized by the contractor to allow for these restrictions or requirements. The order form should include: Ordering Agency/ Account Number Bill to Ship to Payment information (Credit card, PO, etc) Vision type: Single, Bifocal, Trifocal, Occupational, Progressive, etc Prescription Information Frame type Misc. Options: Tint, Coating, Scratch Resistance, etc Dispensing fee if other than agency dispensing (see section 5.4) Special Instructions Customized pricing section that shows cost and also allows the employee to self pay any additional amount if necessary 5.6 MINIMUM ORDERS No minimum order size. 5.7 SHIPPING TERMS All orders shall be F.O.B. destination freight prepaid and included in the prices. 5.8 PAYMENT TO DISPENSING CENTERS Under section 5.4, Model 2: External Dispensing, the dispensing fee will be charged and included on the invoice to the ordering agency but be paid to the dispensing center by the contractor. The dispensing fee is to be the same for all dispensers. The dispensing fee should not exceed $20. 5.9 DELIVERY Must be within eight (8) business days ARO. The contractor must inform the ordering agency when a delivery will be delayed past the delivery schedule of eight (8) business days ARO and specify an estimated delivery date. If the ordering agency considers the delivery period excessive, the order may be cancelled and purchased from another source. 5.10 DEFECTIVE PRODUCT: The State of Wisconsin reserves the right to reject any shipments that it deems to be faulty. Such shipments shall be returned at the contractor’s expense. The state will not be responsible for charges incurred as a result of the defective product. If the contractor is then unable to furnish an acceptable product, the State of Wisconsin may elect to purchase from another vendor such quantities as may be needed to fulfill the immediate requirement(s). Any difference in costs between the contract price and the price of such shipments(s) from another vendor shall be deducted from any monies which may be due to the contractor. 5.11 INVOICING: Contractor must agree that all invoices and purchasing card charges shall reflect the prices established for the items on this contract for all orders placed by State Agencies even though the contract number and/or correct prices may not be referenced on each order. State agencies must meet a statutory mandate to pay or reject invoices within 30 days of receipt. Before payment is made, the agency must verify that all invoiced charges are correct as per this contract. Only properly submitted invoices will be officially processed for payment. Prompt payment requires that your invoices be clear and complete in conformity with the instructions below. All invoices must be itemized showing: Employee Name Order Number Order Date Shipping Date Ship to Address Bill to Address Type of Lens & Lens material Frame Style, Color, Size Prescription Dispensing Fee (if applicable see section 5.8) 5.12 COOPERATIVE PURCHASING AGREEMENT The vendor must agree to provide these services to Wisconsin municipalities including local health departments and tribal clinics under the terms and conditions of this contract. Agreement should be indicated using the Vendor Agreement -- Wisconsin's Cooperative Purchasing Service Form (Form #3333) attached under Section 8.0 Required Forms of this bid. 5.13 PURCHASING CARD The State of Wisconsin has implemented an US Bank/VISA Purchasing Card program to reduce the volume of purchase orders issued and supplier invoices that must be processed. While some agencies will continue to use purchase orders with this contract, many will use the Purchasing Card. Vendor must complete the relevant sections of the Bid Checklist & Other Required Additional Information Form (Form 3477A) (Section 8.0 – Required Forms) regarding acceptance of credit cards. If your company already accepts VISA, you may not need to do anything more. If you do not accept VISA, contact your local banking institution to be set up as a merchant, or contact the State’s Purchasing Card Coordinator, Cheryl Edgington, at 608/267-6922. It is desired that all contractors agree to use the State Purchase Card (P-Card) system. Bid requirement for contractors using the State P-Card System: Package labels and packing slips for purchasing card orders must indicate “Paid” or “Credit Card Order” or other language to identify that no payment is due. Contractors are not allowed to charge additional costs for use of the purchasing card. 6.0 ADMINISTRATIVE SUPPORT REQUIREMENTS: 6.1 VENDOR CONTACTS Vendor must clearly designate a person to provide on-going communication, coordinate servicing, answer questions and expedite deliveries. Indicate the names, addresses and phone numbers on Vendor Information Form (Form 3477) attached under section 8.0 indicating contact persons for: Affirmative Action Program (if contract is over $25,000) Ordering/Expediting Instruction and Set-Up Invoice Information Contract Renewal/Cancellation Contract Problems Returns/Order Errors Customer Service 6.2 RECORDKEEPING AND RECORD RETENTION: The contractor shall establish and maintain adequate records of all expenditures incurred under the contract in accordance with generally accepted accounting principles. Duly authorized representatives of the state and the Wisconsin Legislative Audit Bureau shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents relating to any contract resulting from this RFB. The contractor shall retain all documents associated with this contract for a period of not less than four (4) years after final payment is made. The State of Wisconsin reserves the right to inspect any facilities used in support of this contract. The contractor shall supply, at the minimum, quarterly product sales reports as requested by the procuring agency (SBOP) regarding such items as product ordered, quantity ordered and shipped, quantities of items on backorder, and net price, with totals for each reporting period. These reports must contain the contract number, ordering agency and address, and department/campus/agency name. Reporting capabilities must produce the following reporting levels: State of Wisconsin – all agencies combined By agency/campus/department By ordering agency location By all municipalities combined The State Bureau of Procurement will approve the format. Contractor must provide these reports within fifteen (15) business days of state’s request. The Bureau or a designated ordering agency representative may request reports. Reporting periods and due dates will be determined by the Bureau. Failure to submit these reports on a timely basis can be construed as noncompliance with the terms of the contract. 6.3 FRAMES, WALL CHARTS, & CATALOGS/BROCHURES When requested by ordering agencies, the contractor will be required to furnish up to 250 copies of frame catalogs/brochures, at no cost, showing the frame styles and listing colors and sizes available and 250 copies of standard tint wall charts for glass, plastic, and polycarbonate lenses. The frame catalogs, brochures and tint charts should be available in electronic form also. The contractor will be required to furnish full frame set samples, at no cost, to major users of the contract (Agencies placing 50+ orders annually), and kept supplied with new models as they become available. The contractor will be required to ship the above items direct to requesting agencies. 6.4 UPDATED FRAMES Annually, the contractor must evaluate the current styles of frames on contract, and update the frames with more stylish frames, if available. The new frames must be approved by the State Bureau of Procurement. The new frames must be provided at contract prices. There must be at least the minimum number of frames available in the various categories (Basic thru Titanium) as were available initially on the contract. 6.5 DISPENSING CENTERS Upon notification of an award, the contractor must furnish the State Bureau of Procurement a listing of names and addresses of dispensing centers that have full safety frame sets, at locations identified on the attached Appendix I. Additional locations may be added during the contract period. The dispensing locations are to be updated regularly by the contractor. At a minimum they should be checked on an annual basis. Notifications of changes will be submitted to the State Bureau of Procurement. Failure to ensure annual update of dispensing locations or maintaining required dispensing locations will be considered failure to meet contract terms and conditions. 7.0 COST INFORMATION 7.1 Pricing. Vendor must fully complete the following cost sheets. All bids must be submitted on the attached Bid Price Sheets or in the same format. Bids failing to meet this requirement may be rejected. 7.1.1 Bid Form 1: BF1 Safety Glass Frames 7.1.2 Bid Form 2: BF2 Lenses (To be priced per pair of lenses) 7.1.3 Bid Form 3: BF3 Coatings and Miscellaneous Items (Form BF1) Section I Safety Glass Frames Est. Annual Unit Total Item Quantity Description &Ref. No. Alt. No’s. Price Price 1. 4500 pr Basic Plastic Frames (w/o spring hinges), ________ $_________ Falcon, Black Hawk, F9900, F9800, F4000, F5000 2. 150 pr Fashion Plastic Frames (w/o spring hinges), ________ $_________ Eagle, F6000 3. 140 pr High Fashion Plastic (w/o spring hinges) ________ $_________ C4600, EC100 4. 20 pr High Fashion Plastic Frames with spring hinges ________ $_________ C470, EC450 5. 340 pr Standard Metal Frames (w/o spring hinges) ________ $_________ FC701, FC707 6. 260 pr Standard Metal Frame with spring hinges ________ $_________ DP720, 780, 740, 730 7. 380 pr Fashion Metal Frame with spring hinges ________ $_________ PC 250/SW, Steel 400, Steel 300, Steel 200, Steel 100 PC 264, YP15, YP20 8. 830 pr High Fashion Metal Frame with spring hinges ________ $_________ EX 275S, TR301S, TR302S, Attitude 2, Attitude 1, Urban 1, Urban 2, Urban 3, CC27 9. 220 pr Corrosion Resistant Frames, Titanium and/or Stainless Steel with spring hinges ________ $_________ XSS1001, SW03, SW02, EXT10, DT-4, DT-3, EXT 5, DT-2, DT-1 10. 60 pr High Fashion Titanium frames with spring hinges ________$__________ Urban T5, Urban T4, EXTS3, EXTS2, EXTS1 Total Section I $_____________ (Form BF2) Section II Lenses Lens to include all spheres, cylinders, prism powers, oversize lens (except cataracts) Est. Annual Unit Total Item Quantity Description Price Price 1. 30 ea. Plano Lens ________ $_________ 2. Single Vision 400 ea. Glass, Plastic ________ $_________ 3600 ea. Polycarbonate ________ $_________ 3. Bifocals Including: Round, Flat Top 25 and 28 mm, Full line and 8x35 mm 400 ea. Glass and Plastic ________ $_________ 1800 ea. Polycarbonate ________ $_________ 4. Trifocals Including: 7x25 and 7x28 mm, Full line and 8x35 mm 80 ea. Glass and Plastic ________ $_________ 90 ea. Polycarbonate ________ $_________ 5. Double Segment Including: Flat Top 25 and 28 4 ea. Glass and Plastic ________ $_________ 6 ea. Polycarbonate ________ $_________ 6. 950 ea. Progressive Lens – Indicate Brand(s)_____________________ ________ $_________ Total Section II $____________ Total Sections I and II $ (Form BF3) Section III Coatings and Miscellaneous Items Add-on costs for the following: Item Description Price 1. Abrasive Coating-Plastic (both sides) $ _________ 2. Ultraviolet Coating-Plastic and Glass $ _________ 3. Other Coatings – All Lenses Anti-Reflective Coating $ _________ Video Terminal Coating $ _________ 4. Tints-Solid and Gradient $ _________ 5. Photo chromatic Lens $ _________ 6. Polarized Lens $ _________ 7. Transitions Lens $ _________ 8. Permanent Side Shields $ _________ 9. Detachable Side Shields $ _________ 10. Silicon Nose Pads $ _________ 11. Dispensing Fee $ _________ 12. Goggles Eye Protection Cat. No. ____________ $ _________ Goggles Chemical Cat. No. ____________ $ _________ Goggles Ant-Fog Cat. No. ____________ $ _________ 13. Visitor Specs Cat. No. ____________ $ _________ 14. Stylish Plano wrap around safety glasses Cat. No. _____________ $ _________ (Comparable to: AOSafety #11640) 15. Percentage of full frame price for: A Frame front only ___________% of frame price B. Pair of temples ___________% of frame price (Including spring temples and cable temples) 16. Percentage off catalog items not listed on these bid sheets: ___________% off of catalog 8.0 REQUIRED FORMS 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. Completed Request for Bid Form (#3070) (Bid Cover Page) Vendor Information Form (including email address) (#3477) Bid Checklist & Other Required Additional Information Form (#3477A) Vendor Reference Form (#3478) Two (2) Signed State Contracts (#3049) Designation of Confidential and Proprietary Information (#3027) Wisconsin Cooperative Purchase Agreement (#3333) Bid Forms (#BF1, BF2, BF3) (in Section 7) Catalog and Wall chart of Brand Bidding All vendors must complete the attached Bid Price Sheets (#BF1, BF2, BF3) in Section 7. All bids must be submitted on the attached Bid Price Sheets or in the same format. Bids failing to meet this requirement may be rejected. STATE OF WISCONSIN Bid / Proposal # 27841 PA DOA-3477 (R05/98) Commodity / Service PRESCRIPTION SAFETY GLASSES 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. (Form 3477A) Bid Checklist and Other Required Additional Information 1. Bidding Brand – (Approved brands are Titmus and Aearo AO). Other brands will require samples for evaluation after bid opening if low bid. _____ Titmus _____ Aearo AO Safety _____ Other (indicate brand)____________________ If requested, samples will be available 2. Address of laboratory where actual work will be performed: 3. Normal Delivery ____________ ARO 4. Does your company accept the Purchasing Card? Yes ______ No ______ 5. Does your company agree to replace doctor errors at no charge if returned within 60 days? Yes_____ No _____ Attach a copy of your return goods policy. 6. We have completed the following forms and have included them with our submission: (each form must be marked with an X) ______ Request for Bid (Form #3070) (Bid Cover Page) ______ Vendor Information (Form #3477) ______ Bid Checklist & Other Required Information (Form #3477A) ______ Vendor Reference (Form # 3478) ______ Contract Form 2 Copies (Form # 3049) ______ Designation of Confidential and Proprietary Information (Form #3027) ______ Vendor Agreement/Cooperative Purchasing Service (Form # 3333) ______ Bid Form (Form # BF1, BF2, BF3) ______ Catalog and Wall Chart of Brand Bidding Company Phone Signature Fax Title STATE OF WISCONSIN Bid / Proposal # 27841 PA 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. State of Wisconsin State Bureau of Procurement th Department of Administration 101 East Wilson Street, 6 Floor DOA-3049 (R01/2000) P. O. Box 7867 S. 51.01(5) Wis. Stats.; s. 111.32(13m) Wis. Stats. Madison, WI 53707-7867 Contract Commodity or Service: Prescription Safety Glasses Request for Bid/Proposal No: 27841 PA Contract Period: Contract No: 15-62526-601 1. This contract is entered into by and between the State of Wisconsin, Department of Administration, and the contractor whose name, address, and principal officer appears below; 2. Whereby the State Bureau of Procurement, Department of Administration, agrees to direct the purchase and the contractor agrees to supply the contract requirements cited above in accordance with the terms and conditions of the request for bid cited above, and in accordance with the contractor's bid submitted on this request for bid; which request for bid is hereby made a part of this contract; 3. 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. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause. 4. Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan. Contractors with an annual work force of less than twenty-five (25) employees are exempted from this requirement. Within fifteen (15) working days after the award of the contract, the plan shall be submitted for approval to the contracting agency. Technical assistance regarding this clause is provided by the Wisconsin Office of Contract Compliance, Department of Administration, P.O. Box 7867, Madison, WI 53707-7867, (608) 266-5462. For State of Wisconsin To be Completed by Contractor Department of Administration State Bureau of Procurement For Company Name By Peter S. Ansay Name Company Address Signature City, State, ZIP Title Procurement Manager By Name Phone (608) 266-0462 Signature Date Title (mm/dd/ccyy) Witnesses Date (mm/dd/ccyy) Witnesses This document can be made available in accessible formats to qualified individuals with disabilities. State of Wisconsin State Bureau of Procurement th Department of Administration 101 East Wilson Street, 6 Floor DOA-3049 (R01/2000) P. O. Box 7867 S. 51.01(5) Wis. Stats.; s. 111.32(13m) Wis. Stats. Madison, WI 53707-7867 Contract Commodity or Service: Prescription Safety Glasses Request for Bid/Proposal No: 27841 PA Contract Period: Contract No: 15-62526-601 1. This contract is entered into by and between the State of Wisconsin, Department of Administration, and the contractor whose name, address, and principal officer appears below; 2. Whereby the State Bureau of Procurement, Department of Administration, agrees to direct the purchase and the contractor agrees to supply the contract requirements cited above in accordance with the terms and conditions of the request for bid cited above, and in accordance with the contractor's bid submitted on this request for bid; which request for bid is hereby made a part of this contract; 3. 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. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause. 4. Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan. Contractors with an annual work force of less than twenty-five (25) employees are exempted from this requirement. Within fifteen (15) working days after the award of the contract, the plan shall be submitted for approval to the contracting agency. Technical assistance regarding this clause is provided by the Wisconsin Office of Contract Compliance, Department of Administration, P.O. Box 7867, Madison, WI 53707-7867, (608) 266-5462. For State of Wisconsin To be Completed by Contractor Department of Administration State Bureau of Procurement For Company Name By Peter S. Ansay Name Company Address Signature City, State, ZIP Title Procurement Manager By Name Phone (608) 266-0462 Signature Date Title (mm/dd/ccyy) Witnesses Date (mm/dd/ccyy) Witnesses This document can be made available in accessible formats to qualified individuals with disabilities. STATE OF WISCONSIN DOA-3027 (R01/98) DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION The attached material submitted in response to Bid/Proposal # 27841 PA 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 ___________________________________________ State of Wisconsin Division of State Agency Services Department of Administration State Bureau of Procurement DOA-3333 (R03/2004) Vendor Agreement Wisconsin’s Cooperative Purchasing Service Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts. Participating in the service gives vendors opportunities for additional sales without additional bidding. Municipalities use the service to expedite purchases. A "municipality" is defined as any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis.Stats. Interested municipalities: will contact the contractor directly to place orders referencing the state agency contract number; and are responsible for receipt, acceptance, inspection of commodities directly from the contractor, and making payment directly to the contractor. The State of Wisconsin is not a party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases. The State of Wisconsin will determine the contractor’s participation by checking a box below. MANDATORY: Bidders/Proposers must agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. Vendors should note any special conditions below. OPTIONAL: Bidders/Proposers may or may not agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. A vendor’s decision on participating in this service has no effect on awarding this contract. A vendor in the service may specify minimum order sizes by volume or dollar amount, additional charges beyond normal delivery areas, or other minimal changes for municipalities. Vendor: please check one of the following boxes in response. I Agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities with any special conditions noted below. I Do Not Agree to furnish the commodities or services to Wisconsin municipalities. Special Conditions (if applicable): Signature Date (mm/dd/ccyy) Name (Type or Print) Title Company Telephone ( ) Address (Street) City State ZIP + 4 Commodity/Service Request for Bid/Proposal Number Prescription Safety Glasses 27841 PA This form can be made available in accessible formats upon request to qualified individuals with disabilities. 9.0 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 vendor to accept these obligations in a contractual agreement may result in cancellation of the award. SPECIAL TERMS AND CONDITIONS 9.1 PRIME CONTRACTOR AND MINORITY BUSINESS SUBCONTRACTORS The prime contractor will be responsible for contract performance when subcontractors are used. However, when subcontractors are used, they must abide by all terms and conditions of the contract. If subcontractors are to be used, the proposer must clearly explain their participation. The State of Wisconsin is committed to the promotion of minority business in the state’s purchasing program and a goal of placing five (5) percent of its total purchasing dollars with certified minority businesses. Authority for this program is found in Wisconsin Statutes 15.107(2), 16.75(4), and 16.75(5) and 560.036(2). The Department of Administration is committed to the promotion of minority business in the department’s purchasing program. The State of Wisconsin’s policy provides that minority owned business enterprises certified by the Wisconsin Department of Commerce, Bureau of Minority Development should have the maximum opportunity to participate in the performance of its contracts. The awarded vendor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority owned business enterprises, or by using such enterprises to provide goods and services incidental to this requested service or contract, with a goal of awarding at least 5% of the award amount of this request for bid/proposal to such enterprises. Upon request the contractor shall furnish a subcontracting plan of action indicating appropriate information about its effort to achieve this goal, including identities of such enterprises certified by the Wisconsin Department of Commerce and their subcontract amount. The Department of Administration will require from the contractor a quarterly report of amounts spent with certified minority business enterprises. A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Office of Minority Business Program, (608) 267-7806. The list is published on the Internet at: http://www.doa.state.wi.us/dsas/mbe.htm 9.2 SALES AND USE TAX The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract, if the vendor or contractor has not met or complied with requirements of S. 77.66, Wis. Stats. and related statutes regarding certification for collection of sales and use tax. Wisconsin Department of Administration DOA-3054 (R10/2005) Ch. 16, 19, 51, Wis. Stats. Page 1 of 3 Standard Terms And Conditions (Request For Bids / Proposals) 1.0 SPECIFICATIONS: The specifications in this request are are deemed favorable. All payment terms must allow the minimum acceptable. When specific manufacturer and the option of net thirty (30). model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or 7.0 UNFAIR SALES ACT: Prices quoted to the State of performance level desired. When alternates are Wisconsin are not governed by the Unfair Sales Act. bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish 8.0 ACCEPTANCE-REJECTION: The State of Wisconsin equivalency. The State of Wisconsin shall be the sole judge reserves the right to accept or reject any or all of equivalency. Bidders/proposers are cautioned to avoid bids/proposals, to waive any technicality in any bid/proposal bidding alternates to the specifications which may result in submitted, and to accept any part of a bid/proposal as rejection of their bid/proposal. deemed to be in the best interests of the State of Wisconsin. 2.0 DEVIATIONS AND EXCEPTIONS: Deviations and excep- tions from original text, terms, conditions, or specifications Bids/proposals MUST be date and time stamped by the shall be described fully, on the bidder's/proposer's letter- soliciting purchasing office on or before the date and time head, signed, and attached to the request. In the absence that the bid/proposal is due. Bids/proposals date and time of such statement, the bid/proposal shall be accepted as in stamped in another office will be rejected. Receipt of a strict compliance with all terms, conditions, and specifica- bid/proposal by the mail system does not constitute receipt tions and the bidders/proposers shall be held liable. of a bid/proposal by the purchasing office. 3.0 QUALITY: Unless otherwise indicated in the request, all 9.0 METHOD OF AWARD: Award shall be made to the lowest material shall be first quality. Items which are used, responsible, responsive bidder unless otherwise specified. demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval 10.0 ORDERING: Purchase orders or releases via purchasing by the State of Wisconsin. cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are 4.0 QUANTITIES: The quantities shown on this request are authorized. based on estimated needs. The state reserves the right to increase or decrease quantities to meet actual needs. 11.0 PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor 5.0 DELIVERY: Deliveries shall be F.O.B. destination freight invoices within thirty (30) days of receipt providing goods prepaid and included unless otherwise specified. and/or services have been delivered, installed (if required), and accepted as specified. 6.0 PRICING AND DISCOUNT: The State of Wisconsin quali- fies for governmental discounts and its educational institu- Invoices presented for payment must be submitted in tions also qualify for educational discounts. Unit prices shall accordance with instructions contained on the purchase reflect these discounts. order including reference to purchase order number and submittal to the correct address for processing. 6.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., A good faith dispute creates an exception to prompt ea.) as stated on the request or contract. For any payment. given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall 12.0 TAXES: The State of Wisconsin and its agencies are govern in the bid/proposal evaluation and contract exempt from payment of all federal tax and Wisconsin state administration. and local taxes on its purchases except Wisconsin excise taxes as described below. 6.2 Prices established in continuing agreements and term contracts may be lowered due to general market The State of Wisconsin, including all its agencies, is conditions, but prices shall not be subject to increase required to pay the Wisconsin excise or occupation tax on for ninety (90) calendar days from the date of award. its purchase of beer, liquor, wine, cigarettes, tobacco Any increase proposed shall be submitted to the products, motor vehicle fuel and general aviation fuel. contracting agency thirty (30) calendar days before However, it is exempt from payment of Wisconsin sales or the proposed effective date of the price increase, and use tax on its purchases. The State of Wisconsin may be shall be limited to fully documented cost increases to subject to other states' taxes on its purchases in that state the contractor which are demonstrated to be indus- depending on the laws of that state. Contractors perform- trywide. The conditions under which price increases ing construction activities are required to pay state use tax may be granted shall be expressed in bid/proposal on the cost of materials. documents and contracts or agreements. 13.0 GUARANTEED DELIVERY: Failure of the contractor to 6.3 In determination of award, discounts for early adhere to delivery schedules as specified or to promptly payment will only be considered when all other con- replace rejected materials shall render the contractor liable ditions are equal and when payment terms allow at for all costs in excess of the contract price when alternate least fifteen (15) days, providing the discount terms procurement is necessary. Excess costs shall include the administrative costs. DOA-3054 Page 3 of 3 14.0 ENTIRE AGREEMENT: These Standard Terms and awarded, the contractor must submit the plan to the Conditions shall apply to any contract or order awarded as contracting state agency for approval. Instructions a result of this request except where special requirements on preparing the plan and technical assistance are stated elsewhere in the request; in such cases, the regarding this clause are available from the special requirements shall apply. Further, the written contracting state agency. contract and/or order with referenced parts and attach- ments shall constitute the entire agreement and no other 19.2 The contractor agrees to post in conspicuous places, terms and conditions in any document, acceptance, or available for employees and applicants for employ- acknowledgment shall be effective or binding unless ment, a notice to be provided by the contracting state expressly agreed to in writing by the contracting authority. agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law. 15.0 APPLICABLE LAW: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at 19.3 Failure to comply with the conditions of this clause all times comply with and observe all federal and state may result in the contractor's becoming declared an laws, local laws, ordinances, and regulations which are in "ineligible" contractor, termination of the contract, or effect during the period of this contract and which in any withholding of payment. manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel this contract if the 20.0 PATENT INFRINGEMENT: The contractor selling to the contractor fails to follow the requirements of s. 77.66, Wis. State of Wisconsin the articles described herein guarantees Stats., and related statutes regarding certification for the articles were manufactured or produced in accordance collection of sales and use tax. The State of Wisconsin with applicable federal labor laws. Further, that the sale or also reserves the right to cancel this contract with any use of the articles described herein will not infringe any federally debarred contractor or a contractor that is United States patent. The contractor covenants that it will presently identified on the list of parties excluded from at its own expense defend every suit which shall be brought federal procurement and non-procurement contracts. against the State of Wisconsin (provided that such contractor is promptly notified of such suit, and all papers 16.0 ANTITRUST ASSIGNMENT: The contractor and the State therein are delivered to it) for any alleged infringement of of Wisconsin recognize that in actual economic practice, any patent by reason of the sale or use of such articles, and overcharges resulting from antitrust violations are in fact agrees that it will pay all costs, damages, and profits recov- usually borne by the State of Wisconsin (purchaser). erable in any such suit. Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to 21.0 SAFETY REQUIREMENTS: All materials, equipment, and goods, materials or services purchased in connection with supplies provided to the State of Wisconsin must comply this contract. fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA 17.0 ASSIGNMENT: No right or duty in whole or in part of the Standards. contractor under this contract may be assigned or dele- gated without the prior written consent of the State of 22.0 WARRANTY: Unless otherwise specifically stated by the Wisconsin. bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the 18.0 WORK CENTER CRITERIA: A work center must be certi- bidder/proposer for one (1) year from date of receipt. The fied under s. 16.752, Wis. Stats., and must ensure that equipment manufacturer's standard warranty shall apply as when engaged in the production of materials, supplies or a minimum and must be honored by the contractor. equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of 23.0 INSURANCE RESPONSIBILITY: The contractor perform- direct labor are performed by severely handicapped ing services for the State of Wisconsin shall: individuals. 23.1 Maintain worker's compensation insurance as 19.0 NONDISCRIMINATION / AFFIRMATIVE ACTION: In required by Wisconsin Statutes, for all employees connection with the performance of work under this engaged in the work. contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, 23.2 Maintain commercial liability, bodily injury and prop- race, religion, color, handicap, sex, physical condition, erty damage insurance against any claim(s) which developmental disability as defined in s. 51.01(5), Wis. might occur in carrying out this agreement/contract. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Minimum coverage shall be one million dollars Stats., or national origin. This provision shall include, but ($1,000,000) liability for bodily injury and property not be limited to, the following: employment, upgrading, damage including products liability and completed demotion or transfer; recruitment or recruitment advertising; operations. Provide motor vehicle insurance for all layoff or termination; rates of pay or other forms of owned, non-owned and hired vehicles that are used compensation; and selection for training, including appren- in carrying out this contract. Minimum coverage shall ticeship. Except with respect to sexual orientation, the be one million dollars ($1,000,000) per occurrence contractor further agrees to take affirmative action to combined single limit for automobile liability and ensure equal employment opportunities. property damage. 19.1 Contracts estimated to be over twenty-five thousand 23.3 The state reserves the right to require higher or lower dollars ($25,000) require the submission of a written limits where warranted. affirmative action plan by the contractor. An exemp- tion occurs from this requirement if the contractor has a workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is 24.0 CANCELLATION: The State of Wisconsin reserves the Bidders are encouraged to bid products with recycled right to cancel any contract in whole or in part without content which meet specifications. penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifica- 30.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an tions of this contract. order(s) resulting from this award(s) is a hazardous chemi- 25.0 VENDOR TAX DELINQUENCY: Vendors who have a cal, as defined under 29CFR 1910.1200, provide one (1) delinquent Wisconsin tax liability may have their payments copy of a Material Safety Data Sheet for each item with the offset by the State of Wisconsin. shipped container(s) and one (1) copy with the invoice(s). 26.0 PUBLIC RECORDS ACCESS: It is the intention of the 31.0 PROMOTIONAL ADVERTISING / NEWS RELEASES: state to maintain an open and public process in the solicita- Reference to or use of the State of Wisconsin, any of its tion, submission, review, and approval of procurement departments, agencies or other sub-units, or any state offi- activities. cial or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be Bid/proposal openings are public unless otherwise speci- made without prior approval of the State of Wisconsin. fied. Records may not be available for public inspection Release of broadcast e-mails pertaining to this procurement prior to issuance of the notice of intent to award or the shall not be made without prior written authorization of the award of the contract. contracting agency. 27.0 PROPRIETARY INFORMATION: Any restrictions on the 32.0 HOLD HARMLESS: The contractor will indemnify and use of data contained within a request, must be clearly save harmless the State of Wisconsin and all of its officers, stated in the bid/proposal itself. Proprietary information agents and employees from all suits, actions, or claims of submitted in response to a request will be handled in any character brought for or on account of any injuries or accordance with applicable State of Wisconsin damages received by any persons or property resulting procurement regulations and the Wisconsin public records from the operations of the contractor, or of any of its law. Proprietary restrictions normally are not accepted. contractors, in prosecuting work under this agreement. However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or 33.0 FOREIGN CORPORATION: A foreign corporation (any litigation. corporation other than a Wisconsin corporation) which becomes a party to this Agreement is required to conform 27.1 Data contained in a bid/proposal, all documentation to all the requirements of Chapter 180, Wis. Stats., relating provided therein, and innovations developed as a to a foreign corporation and must possess a certificate of result of the contracted commodities or services authority from the Wisconsin Department of Financial cannot be copyrighted or patented. All data, docu- Institutions, unless the corporation is transacting business mentation, and innovations become the property of in interstate commerce or is otherwise exempt from the the State of Wisconsin. requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of 27.2 Any material submitted by the vendor in response to authority should contact the Department of Financial this request that the vendor considers confidential Institutions, Division of Corporation, P. O. Box 7846, and proprietary information and which qualifies as a Madison, WI 53707-7846; telephone (608) 267-7577. trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the 34.0 WORK CENTER PROGRAM: The successful Wisconsin public records law, must be identified on a bidder/proposer shall agree to implement processes that Designation of Confidential and Proprietary Informa- allow the State agencies, including the University of tion form (DOA-3027). Bidders/proposers may Wisconsin System, to satisfy the State's obligation to request the form if it is not part of the Request for purchase goods and services produced by work centers Bid/Request for Proposal package. Bid/proposal certified under the State Use Law, s.16.752, Wis. Stat. prices cannot be held confidential. This shall result in requiring the successful bidder/proposer to include products provided by work centers in its catalog 28.0 DISCLOSURE: If a state public official (s. 19.42, Wis. for State agencies and campuses or to block the sale of Stats.), a member of a state public official's immediate comparable items to State agencies and campuses. family, or any organization in which a state public official or a member of the official's immediate family owns or controls 35.0 FORCE MAJEURE: Neither party shall be in default by a ten percent (10%) interest, is a party to this agreement, reason of any failure in performance of this Agreement in and if this agreement involves payment of more than three accordance with reasonable control and without fault or thousand dollars ($3,000) within a twelve (12) month negligence on their part. Such causes may include, but are period, this contract is voidable by the state unless appro- not restricted to, acts of nature or the public enemy, acts of priate disclosure is made according to s. 19.45(6), Wis. the government in either its sovereign or contractual Stats., before signing the contract. Disclosure must be capacity, fires, floods, epidemics, quarantine restrictions, made to the State of Wisconsin Ethics Board, 44 East strikes, freight embargoes and unusually severe weather, Mifflin Street, Suite 601, Madison, Wisconsin 53703 but in every case the failure to perform such must be (Telephone 608-266-8123). beyond the reasonable control and without the fault or negligence of the party. 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 mate- rials whenever technically and economically feasible. APPENDIX 1 As indicated in Section 6.5 of Administrative Support Requirements, the contractor will be required to supply the State Bureau of Procurement a listing of dispensing centers with complete frame sets, located in or within the immediate graphical areas identified. Metropolitan areas will require multiple fitting centers. The following is a listing of cities/villages that will require full sets of frames at the locations listed. Additional locations may be required during contract period. Amery Fredonia Milwaukee Racine Antigo Franklin Minocqua Rhinelander Ashland Green Bay Monroe Rice Lake Arcadia Howards Grove Mosinee Richland Center Baraboo Holman Neenah River Falls Barron Jefferson Neilsville Schofield Beaver Dam Kenosha Nekoosa Sheboygan Berlin LaCrosse New Berlin Sparta Boscobel Ladysmith New Richmond Spooner Black River Falls Lancaster Oconomowoc Spring Green Chilton Madison Oconto Stevens Point Chippewa Falls Manitowoc Oregon Stoughton Clintonville Marinette Oshkosh Sun Prairie Cudahy Marshfield Phillips Superior Cumberland Mauston Platteville Tomah Darlington Mayville Plymouth Tomahawk Dodgeville Medford Portage Turtle Lake Eau Claire Menomonie Port Washington Wausau Fennimore Merrill Prairie du Chien Whitewater Fond Du Lac Mineral Point Prairie Du Sac Wisconsin Dells Wisconsin Rapids