REQUEST FOR PROPOSAL (RFP) For FLIGHT MANAGEMENT SYSTEM RFP #262428 Issued by: STATE OF WISCONSIN DEPARTMENT OF TRANSPORTATION Division of Transportation Infrastructure Development Bureau of Technical Services Proposals must be submitted no later than 2:00 PM August 1, 2007 Important: See building security access restrictions in section 2.3 LATE PROPOSALS WILL BE REJECTED There will not be a public opening for this RFP For further information regarding this RFP contact Jane DeRosia at (608)266-2236 E-mail: email@example.com Issued: June 27, 2007 TABLE OF CONTENTS 1.0 GENERAL INFORMATION 1.1 Introduction 1.2 Definitions 1.3 Scope 1.4 Clarification and/or revisions of this RFP 1.5 Reasonable accommodations 1.6 Calendar of events 1.7 Contract term and funding 1.8 Certification for collection of sales and use tax 1.9 VendorNet registration 2.0 PREPARING AND SUBMITTING A PROPOSAL 2.1 General instructions 2.2 Incurring costs 2.3 Submitting the proposal 2.4 Proposal organization and format 2.5 Multiple proposals 2.6 Withdrawal of proposals 3.0 PROPOSAL SELECTION AND AWARD PROCESS 3.1 Evaluation committee 3.2 Preliminary evaluation 3.3 Right to reject proposals 3.4 Proposal scoring 3.5 Evaluation criteria 3.6 Interviews/presentations and/or site visits 3.7 Demonstrations 3.8 Final evaluation 3.9 Award and final offers 3.10 Notification award 3.11 Negotiate contract terms 4.0 PROPOSER INFORMATION 4.1 Organization capabilities 4.2 Staff qualifications 4.3 Proposer references 5.0 PROPOSER SOLUTIONS FOR CONTRACT REQUIREMENTS 5.1 Contract requirements 5.2 Proposer solutions 6.0 COST PROPOSAL 6.1 General instructions for the cost proposal and how it will be scored 6.2 Format for submitting cost proposal 6.3 Fixed price period 7.0 REQUIRED FORMS 7.1 Found in front section that precedes the Request for Proposal document: 7.2 Found in the back section of the Request for Proposal document: Attachment A - Proposer Information Sheet Attachment B - References Sheet Attachment C - WisDOT MBE Program Awareness, Compliance & Action Plan WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 3 of 23 1.0 GENERAL INFORMATION 1.1 Introduction The purpose of this document is to provide interested parties with information to enable them to prepare and submit a proposal for a Flight Management System. The State as represented by its Wisconsin Department of Transportation (WisDOT) intends to use the results of this Request for Proposal (RFP) to award a contract for the above listed Flight Management System. The WisDOT Purchasing Unit is the sole point of contact for the State of Wisconsin during the selection process. The person responsible for managing the procurement process is Jane DeRosia, Purchasing, e-mail: firstname.lastname@example.org. Contact with anyone else involved with this process without the prior authorization of WisDOT Purchasing may result in the disqualification of your proposal. 1.2 Definitions The following definitions are used throughout the RFP: Agency means the Wisconsin Department of Transportation AT means Analytical Triangulation CCNS means Computer Controlled Navigation System Contractor means proposer awarded the contract Department means the Wisconsin Department of Transportation DOT or WisDOT means the Wisconsin Department of Transportation MBE means Wisconsin-certified Minority Business Enterprise NAD means North American Datum NAIP means National Agriculture Imagery Program Proposer/Vendor means a company or individual submitting a proposal in response to this RFP SPCS means State Plane Coordinate System State means the State of Wisconsin UTM means Universal Transverse Mercator WCCS means Wisconsin County Coordinate System WISCRS means Wisconsin Coordinate Reference System Windows means Microsoft’s Windows XP Operating System 1.3 Scope 1.3.1 Project Description WisDOT requires a Flight Management System for the preparation, execution, editing and reporting of aerial photo missions. WisDOT would like to replace the current flight planning, target document, in-flight aerial photograph acquisition and post-flight aerial photograph database with an integrated Flight Management System. 1.3.2 Objectives/Needs At a minimum, the proposed flight management system would streamline the process of creating a flight plan and target document, and would provide input to a hardware system that would accurately trigger WisDOT’s Zeiss RMK Top15 camera for the acquisition of aerial photography. 1.3.3 Current Operations (history & background) WisDOT owns various software and hardware components, and uses a combination of digital and hard copy documents to accomplish flight planning and aerial photograph acquisition. Some or all are used for each aerial photography mission. A project begins when the Photogrammetry Unit receives a request from the WisDOT regional office. This request is usually digital but may also be provided as a hard copy. The digital files vary and may include BMP, JPG, DOC, or Delorme Street Atlas files. The Microsoft Word files may include maps from MapQuest, various WisDOT scanned images or plat book images. WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 4 of 23 Staff use NAIP geo-referenced aerial imagery and Delorme 3D Topo Quads as background maps within Delorme’s Xmap to create target documents and to generate text files containing the coordinates of the beginning and ending exposures that define each flight line. The text file is imported into IGI’s WinMP program, which is part of the CCNS. WinMP exports a digital file in the appropriate format for CCNS. This file for the CCNS is loaded onto a SRAM PCMCIA card. The flight for the acquisition of aerial photography is scheduled. The photo centers of the photography are captured in real time using a Trimble 4000 SSI NAV Beacon GPS unit. The photo center file is ASCII and uses an EXP (exposure) extension. The EXP file is used as input to an ArcView and Oracle database. The file must be separated into multiple files according to the individual transportation projects for input to the AT process. The film is developed and reviewed for quality and whether it meets other criteria for successful use in the photogrammetric process. The AT solution is used to export a model diagram or a flight index of the photo center coordinates. This file is imported to WisDOT’s County maps, which is a MicroStation DGN format. 1.4 Clarification and/or revisions of this RFP. Proposers are expected to raise any questions, noted errors, discrepancies, ambiguities, exceptions, additions or deficiencies they have concerning this proposal in writing by July 9, 2007, to: Jane DeRosia, Purchasing WI Dept. of Transportation PO Box 7396 Madison, WI 53707-7396 E-mail: email@example.com If a proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this proposal after the above date, they shall immediately notify the above named individual of such error and request modification or clarification of the proposal document before the proposal opening date. If the proposer fails to notify the WisDOT prior to the proposal due date of any condition stated above that reasonably should have been known to the proposer, and if a contract is awarded to that proposer, the proposer shall not be entitled to additional compensation or time by reason of the error or its correction. Revisions to this request for proposal will be made only by an official written amendment issued by Purchasing. Proposers may attach additional relevant information to their proposal response. 1.5 Reasonable accommodations WisDOT 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/proposer conference, contact Jane DeRosia, Purchasing, at (608) 266-2236 (voice) or Wisconsin Telecommunications Relay System (TTY) at 1-800-947-3529. 1.6 Calendar of events Listed below are specific and estimated dates and times of actions related to this Request for Proposal (RFP). The actions with specific dates must be completed as indicated unless otherwise changed by WisDOT. In the event that WisDOT finds it necessary to change any of the specific dates and times, it will do so by issuing amendments to this RFP. There may or may not be a formal notification issued for changes of the estimated dates and times. WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 5 of 23 DATE EVENT June 25, 2007 RFP issuance date July 9, 2007 Last day for submitting written questions July 18, 2007 Mail and post amendments to proposers, which include answers to questions, supplements and/or revisions to the RFP August 1, 2007 Proposals due on or before 2:00 p.m. September 5, 2007 Demonstrations (estimated date, if needed) September 12, 2007 Contract award (estimated) September 17, 2007 Contract start date (estimated) 1.7 Contract term and funding A contract term and funding is not applicable to this one-time purchase. 1.8 Certification for collection of sales and use tax The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract, if the vendor or contractor has not met or complied with the requirements of s.77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. 1.9 VendorNet registration The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies, goods and services that the state buys, and tips on selling to the state. Vendors may use the same Web site address for inclusion on the bidders list for goods and services that the organization wants to sell to the state. A subscription with notification guarantees the organization will receive an e-mail message each time a state agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for 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. If questions exist about VendorNet, call the VendorNet Information Center at 1-800-482-7813 or, for Madison area organizations, call 264-7898. Also, register for WisDOT’s vendor database by accessing our Purchasing web site: http://www.dot.wisconsin.gov/business/purchase/index.htm or by contacting via e-mail at firstname.lastname@example.org or via telephone at 608-267-7723. 2.0 PREPARING AND SUBMITTING A PROPOSAL 2.1 General instructions The evaluation and selection of a contractor will be based on the information submitted in the proposal plus references and any required on-site visits, interviews/presentations or demonstrations. Proposers should respond clearly and completely to all requirements. Failure to respond to each of the requirements in the RFP may be the basis for rejecting a proposal. Elaborate proposals (e.g. expensive artwork), beyond that sufficient to present a complete and effective proposal, are not necessary or desired. 2.2 Incurring costs The State of Wisconsin is not liable for any cost incurred by proposers in replying to this RFP. 2.3 Submitting the proposal WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 6 of 23 Proposers must submit, in a sealed package, One Original (identify) PLUS six (6) copies of all materials required for acceptance of their proposal on or before 2:00 p.m., August 1, 2007 to: U.S. Mail: UPS, Fed Ex, Airborne, etc.: Jane DeRosia Jane DeRosia Purchasing Purchasing WI Department of Transportation WI Department of Transportation 4802 Sheboygan Ave., Room 751 4802 Sheboygan Ave., Room 751 PO Box 7396 Madison, WI 53705 Madison, WI 53707-7396 A proposer can hand deliver their proposal package on or before the date and time listed above. Because of increased building security, access to the WisDOT Purchasing Office is restricted and may cause delay if hand delivering your proposal. Allow ample time for security clearance to room 751. All proposals must be time-stamped by the WisDOT Purchasing Office by the stated time. Proposals not so stamped will not be accepted. Receipt of the proposal by the State mail system does not constitute receipt of the proposal by the WisDOT Purchasing Office. WisDOT does not accept facsimile machine or e-mail submitted proposals. All proposals must be packaged, sealed, and show the following information on the outside of the package: -- Proposer's Name and Address -- Request for Proposal Title -- Request for Proposal Number -- Proposal Due Date COST PROPOSAL: Submit Original plus one (1) copy of Bid Sheet (page 8). Seal in an envelope and submit within the proposal package. The outside of the envelope should clearly state ―Cost Proposal‖ and the name of proposer. 2.4 Proposal organization and format Proposal should be typed and submitted on 8.5 by 11 inch paper and bound securely. Proposers responding to this RFP must comply with the following format requirements: (a) Tab 1 - COVER LETTER, RFP SIGNATURE PAGES, DESIGNATION OF CONFIDENTIAL & PROPRIETARY INFORMATION FORM, and PROPOSER INFORMATION SHEET: Include here any cover letter, the RFP signature pages 1 & 2, any addendum/amendment signature pages, the designation of confidential & proprietary information form found in the front section of the RFP; and completed Attachment A--Proposer Information Sheet found at the end of this RFP. The Vendor Agreement form is not required; inclusion is the proposer’s decision. Proposals submitted in response to this RFP must be signed by the person in the proposer's organization who is responsible for the proposal submittal, including prices. Each proposal shall stipulate that it is predicated upon the requirements, terms, and conditions of this RFP and any addendums/amendments thereof. (b) Tab 2 - RESPONSE TO PROPOSER INFORMATION REQUIREMENTS: Responses to the proposer information requirements must be in the same sequence and numbered as they appear in this RFP. Include here completed Attachment B--References Sheet found at the end of this RFP. (c) Tab 3 – RESPONSE TO PROPOSER SOLUTIONS TO CONTRACT REQUIREMENTS: Responses to the mandatory, desired and value-added capabilities and solutions section must be in the same sequence and numbered as they appear in this RFP. WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 7 of 23 (d) Tab 4 - WISDOT MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM AWARNESS, COMPLIANCE & ACTION PLAN: Proposers must detail their action plan for potential MBE subcontracts and/or MBE second-tier agreements. Include here completed Attachment C found at the end of this RFP. (e) Separate Envelope - COST PROPOSAL—Bid Sheet (page 8) All costs, as requested, for furnishing the product(s) and/or service(s) must be included in this proposal. No mention of the cost proposal may be made in the response to the general, technical, performance, or support requirements of this RFP. 2.5 Multiple proposals Multiple proposals from a proposer will be permissible, however each proposal must conform fully to the requirements for proposal submission. Each such proposal must be separately submitted and labeled as Proposal #1, Proposal #2, etc. on each page included in the response. 2.6 Withdrawal of proposals Proposals shall be irrevocable until contract award unless the proposal is withdrawn. Proposers may withdraw a proposal, in writing, at any time up to the proposal due date and time or upon expiration of 180 days after the due date and time. The written withdrawal notice must be received by the Purchasing Agent or Purchasing Supervisor managing this RFP process. The notice must be signed by an authorized representative of the proposer. If a previously submitted proposal is withdrawn before the proposal due date and time, the proposer may submit another proposal at any time up to the proposal due date and time. 3.0 PROPOSAL SELECTION AND AWARD PROCESS 3.1 Evaluation committee WisDOT's evaluation committee will consist of members who have been selected because of their special expertise and knowledge of the service(s) and/or product(s) that are the subject of this RFP. Proposers may not contact members of the evaluation committee except at the WisDOT's request. 3.2 Preliminary evaluation The proposals will be initially reviewed to determine if mandatory requirements are met. Failure to meet mandatory requirements shall result in the proposal being rejected. In the event that all proposers do not meet one or more of the mandatory requirements, WisDOT reserves the right to continue the evaluation of the proposals that most closely meet the mandatory requirements of this RFP. 3.3 Right to reject proposals The agency reserves the right to reject any and all proposals. 3.4 Proposal scoring Accepted proposals will be reviewed by an evaluation committee and scored against the stated criteria. The committee may review references, request interviews/presentations, conduct demonstrations and/or conduct on-site visits. The resulting information will be used to score the proposals. Proposals from state-certified Minority Business Enterprises (MBE) may have points weighted by a factor of 1.00 to 1.05 to provide up to a five percent (5%) preference to these businesses. The evaluation committee's scoring will be tabulated and proposals ranked based on the numerical scores received. WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 8 of 23 3.5 Evaluation criteria The proposals will be scored using the following criteria: Description Points A. Proposer Information (section 4.0) 100 4.1 Organization capabilities 50 4.2 Staff qualifications 50 B. Proposer Solutions to Contract Requirements (section 5.0) 800 5.1 Contract requirements - 5.1.1 Flight Planning Software Input 100 5.1.2 Flight Planning Software Use 100 5.1.3 Flight Planning Output 100 5.1.4 In-flight requirements 100 5.1.5 The Flight Management Database 100 5.1.6 Hardware for the Flight Management System 100 5.2 Proposer solutions - 5.2.1 Innovations in the flight management software to 50 streamline the process 5.2.2 Identify any necessary changes and/or 50 enhancements in the hardware requirements in the flight management 5.2.3 Detail Training of the Flight Management System 50 5.2.4 Define standard warranty provided and length and 50 cost of extended maintenance and warranties for the Flight Management System Components C. Cost (section 6.0) 100 TOTAL 1000 3.6 Interviews/presentations and/or site visits Top-scoring proposers, based on the evaluation of the written proposal, may be required to have interviews/presentations to support and clarify their proposals, if requested by the State. The State will make every reasonable attempt to schedule each interview/presentation at a time and location that is agreeable to the proposer. Failure of a proposer to complete a scheduled interview/presentation to the State may result in rejection of that proposer's proposal. The WisDOT may conduct site visits of proposer and/or references’ facilities to clarify or confirm proposal information. 3.7 Demonstrations The WisDOT may require the installation and demonstration of products and/or services at a state site. If required, product(s) being demonstrated must be delivered to the state site by the date specified in 1.6. WisDOT will furnish details concerning the demonstration site and evaluate the proposer's products and/or services. Failure of a proposer to furnish the products and/or services it has proposed for demonstration will result in rejection of that proposal. Failure of any products and/or services to meet the requirements during the demonstration may result in rejection of the proposer's proposal. Successful demonstration of the proposer’s product(s) and/or service(s) does not constitute acceptance by the State. Any products and/or services furnished by the proposer for the purposes of this demonstration must be identical in every respect to those that will be furnished if a contract results. Any exceptions must be requested in writing and be accepted by Purchasing prior to the demonstration. 3.8 Final evaluation WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 9 of 23 Upon completion of any interviews/presentations and demonstrations by proposers, the WisDOT's evaluation team will review their evaluations and make adjustments to the requirements scores based on the information obtained in the interview/presentation, demonstration, possible reference checks, and any other pertinent proposer information. 3.9 Award and final offers Award will be granted in one of two ways. The award may be granted to the highest scoring responsive and responsible proposer. Alternatively, the highest proposer or proposers may be requested to submit best and final offers. If best and final offers are requested by WisDOT, they will be evaluated against the stated criteria, scored and ranked by the evaluation committee. The award will then be granted to the highest scoring proposer if contract negotiations are successfully concluded. However, a proposer should not expect that the WisDOT will request a best and final offer. 3.10 Notification of award All proposers who respond to this RFP will be notified in writing of WisDOT's award of the contract as a result of this RFP. After notification of the award is made, and under the supervision of agency staff, copies of proposals will be available for public inspection from 7:00 a.m. to 3:00 p.m., in the WisDOT Purchasing Section, Room 751, 4802 Sheboygan Avenue, Madison, Wisconsin. Proposers should make appointments to ensure that space and time are available for the review. Contact the Purchasing Agent managing this RFP process. 3.11 Negotiate contract terms. The agency reserves the right to negotiate the terms of the contract, including the award amount, with the selected proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer, the agency may negotiate a contract with the next highest scoring proposer. 4.0 PROPOSER INFORMATION Submit response under Tab 2 of proposal--see section 2.4 above for proposal submittal format. 4.1 Organization capabilities (50 points) Describe the firm's experience and capabilities providing similar services to those required. Be specific and detail no more than five projects: description of work, dates, and results. 4.2 Staff qualifications (50 points) Identify key staff your company will assign to fulfill the contract requirements. Detail who would be contract manager(s), etc. Provide resumes describing the educational and work experiences for each of the key staff who would be assigned to the WisDOT project. Detail the number of hours for each key staff member that you estimate will be needed to fulfill the contract requirements. Detail the subcontractors, if any, that be used. 4.3 Proposer references Proposer must include in their proposal a list of organizations and/or clients (but no more than five) with whom the proposer has done business in the last five years similar to that required by this solicitation. Include points of contact (person’s name, company name, address, and telephone number) and a brief description of the project or assignment that was the basis for the business relationship. If contacted, all references must verify that a high level of satisfaction was provided. The procuring agency will determine which, if any, references to contact and/or to visit to assess the quality of work performed, the personnel assigned to the project, and/or see the product in use. The proposer will not be present during any reference check site visits. The results of any reference checks will be provided to evaluation committee and used when scoring the written proposal. (NOTE: Potential subcontractors or WisDOT staff cannot be references.) WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 10 of 23 Attachment B--References Sheet will be considered your response to this section. Attach extra sheets if necessary. The WisDOT may also utilize other sources of information about the product(s) and/or service(s) provided by the proposer. 5.0 PROPOSER SOLUTIONS FOR CONTRACT REQUIREMENTS 5.1 CONTRACT REQUIREMENTS Submit response under Tab 3 of proposal--see section 2.4 above for proposal submittal format. The following contract requirements are expected to be fulfilled by the Contractor: The proposed Flight Management System shall contain software and hardware combined with WisDOT’s Zeiss RMK Top15 camera to operate as an integrated system. 5.1.1 Flight Planning Software Input: (100 points) Provide a point-by-point response to each and every technical requirement specified in this section. Responses to technical requirements must be in the same sequence as they appear in this RFP. Responses must indicate that either the vendor's proposal "does comply" with specifications or that it "does not comply." A succinct explanation of how each requirement can be or cannot be met must be included. Mandatory- The flight planning portion of the software shall import ASCII files containing the coordinates of desired flight lines (as indicated by the photo center of the beginning and ending exposures) and the coordinates of a polygon depicting a desired flight area. The vendor shall provide descriptions and examples of acceptable file formats. The software shall allow the user to key in coordinates of desired flight lines and a polygon of a desired flight area. The software shall allow the user to use a standard commercially available digitizing tablet to digitize flight lines and the outline of an area to be flown. WisDOT would like to be able to utilize an existing large format digitizer in addition to a small digitizing tablet. The software shall allow the user to interactively draw single strips and polygon areas. The software shall allow import of an AutoCAD DXF or ESRI shape file, which may delineate desired flight lines or a polygon for a flight area. The software shall accept WCCS and WISCRS coordinates. The 72 counties in the State of Wisconsin have been defined as 59 separate coordinate zones in these two systems. WisDOT can provide the parameters for the respective systems to the vendor. Desired- WisDOT has a Microsoft Access Database which contains the project name, project limits, highway name, the 8-digit project ID and the desired mapping scale ratio. WisDOT would like to be able to use this information as input to the flight planning system using an import function instead of re-keying all of the information. WisDOT desires the ability to import the photo center coordinates in latitude/longitude, Wisconsin SPCS, WCCS and WISCRS. 5.1.2 Flight Planning Software Use (100 points) The flight planning software shall allow the user to create flight mission documents for strip (corridor) and block aerial photography. Provide a point-by-point response to each and every technical requirement specified in this section. Responses to technical requirements must be in the same sequence as they appear in this RFP. Responses must indicate that either the vendor's proposal "does comply" with specifications or that it WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 11 of 23 "does not comply." A succinct explanation of how each requirement can be or cannot be met must be included. Mandatory: The software shall allow the user to specify flying height. The software shall allow the user to specify overlap. The flight planning software shall allow the user to easily create target locations and names for ground control. The user shall be able to place data points on the flight document to designate the desired locations for targets. The user shall be able to import an ASCII file of desired locations for targets. The software shall allow the names of the targets to begin with the letters H, V and T to indicate horizontal, vertical and total. The software shall automatically increment the number of the target to prevent reusing the same number twice (e.g., H301, H302, H303, etc.). The flight planning software shall allow the user to modify a flight plan at any time. The user can go to a previous step in the process without losing the existing work. Corridor program: The software should allow the user to easily modify the location of a flight line after it has been placed. The user should be able to pick one end of the flight line and drag it to another location. The user should be able to select the line and rotate it. The user should be able to select either end of the line and extend it. Upon extending the line, the software should populate the line with additional photo center locations to complete the line. The software should allow the user to store a reverse copy of the flight lines by using one command. If four flights lines are initially laid out from north to south and automatically numbered 1 through 4 then the user shall be able to use a command that creates a copy of these same flight lines that could be flown from south to north and would be numbered 1 through 4 instead of 4 through 1. Block program: The software shall automatically create parallel flight lines to create a block of flight lines to cover an area designated by a polygon. The user shall be allowed to modify the direction of the whole block with one command. For instance, if the polygon is an irregular shape and the initial parallel lines are laid out with a west – east configuration, the user shall be able to change it to a north-south configuration in one step. The user shall be able to designate the percentage of side lap for the parallel strips. The software should have a utility to assure the photo centers of adjacent strips are truly parallel so the neat models of each strip perfectly overlap adjacent neat models. Desired: WisDOT desires the ability to state the initial numerical value of each sequence of the target names. For example, on one document, the user may start all total targets with T100 and all vertical targets with V200 and all horizontal targets with H300. Each series would increment from these starting points independent of the numbering of the other series. WisDOT desires the ability to add additional targets that do not follow the automatic scheme. For example, using target names from previous projects that overlap the new flight design. 5.1.3 Flight Planning Output (100 points) Provide a point-by-point response to each and every technical requirement specified in this section. Responses to technical requirements must be in the same sequence as they appear in this RFP. Responses must indicate that either the vendor's proposal "does comply" with specifications or that it "does not comply." A succinct explanation of how each requirement can be or cannot be met must be included. WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 12 of 23 Mandatory: The software shall allow the user to store the flight document as an digital file that can be opened again for review and for modification. The software shall provide the average ground elevation of the project. The rectangles that depict the neat model areas in the flight planning step shall be able to be displayed on the digital and hardcopy output of the flight document. The software shall allow the user to easily print or plot small and large flight documents on any printer or plotter. The software shall allow the user to automatically annotate the leading edge of the photographs. The software shall provide five separate fields to be populated with the exposure number, the flight line number, the roll number, the project name, and the planned scale ratio of the photography. As a minimum, the digital and hard copy target document shall contain a bar scale, a north arrow, the project name, the project ID, the project limits, the planned scale ratio, the average ground elevation, the number of exposures and the number of targets. The software shall easily create a post flight index with strip numbers and photo center numbers. The post-flight index shall allow for a choice of background, a raster image or vector file (e.g., an existing street map). Desired: WisDOT desires the ability of the software to provide the average ground elevation of each strip. WisDOT desires the ability to export the photo center coordinates in latitude/longitude, Wisconsin State Plane Coordinate System, WCCS and WISCRS. WisDOT desires to have the target document state the number of exposures by strip and the number of targets per type (e.g., 4 horizontal targets, 13 vertical targets and 22 total targets). 5.1.4 In-flight requirements (100 points) Provide a point-by-point response to each and every technical requirement specified in this section. Responses to technical requirements must be in the same sequence as they appear in this RFP. Responses must indicate that either the vendor's proposal "does comply" with specifications or that it "does not comply." A succinct explanation of how each requirement can be or cannot be met must be included. Mandatory: WisDOT owns the E. Coyote Enterprises, Inc., LOCKE-On System, which allows the operator to fly unplanned flights. It also allows the operator to override the planned flight and capture aerial imagery manually. The proposed flight management system shall allow this same function. WisDOT owns a CCNS. This system allows the operator to load a flight plan and the software states the distance from the project area. The proposed system shall allow this function. The CCNS continuously displays the number of satellites being accessed by the GPS, the amount of crab, the altitude, and the current tracking of the current flight line. The tracking is displayed numerically and graphically. The proposed system shall also provide these functions. The operator shall be able to choose which direction to fly a mission. If a corridor flight is being flown and the operator chooses the alternate flight direction, then WisDOT requires the ability to have the annotation of the photography follow the original design scheme. The triggering accuracy must be +/- 15 feet from the planned photo centers. Desired: The system may display aeronautic information such as restricted air space, danger areas that are within or near the limits of the project. WisDOT desires the ability to display the average ground elevation above mean sea level in the flight navigation viewer. WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 13 of 23 5.1.5 The Flight Management Database (100 points) Provide a point-by-point response to each and every technical requirement specified in this section. Responses to technical requirements must be in the same sequence as they appear in this RFP. Responses must indicate that either the vendor's proposal "does comply" with specifications or that it "does not comply." A succinct explanation of how each requirement can be or cannot be met must be included. Mandatory: The proposed system shall contain a flight management database. The flown photo center coordinates in the database shall not overwrite the planned photo center coordinates in the database. The system shall allow the operator to store the photo centers of flown planned and unplanned flight missions in the database in real time. The database shall allow the user to export an ASCII file containing the photo center coordinates. The vendor shall indicate the various file imports allowed in the flight management database. The database shall store the flown photo centers of planned and unplanned missions. The database shall allow the staff to track and update the status of projects. The database shall allow the user to log accepted or rejected photos during the film inspection. Desired: The user shall be able to choose the group of coordinates to be exported based on criteria provided by the user. The software shall allow the user to choose the project name as a criteria. WisDOT desires the ability for the user to choose other criteria. WisDOT desires the ability to extract data from the Microsoft Access database to import the data to the flight management database. 5.1.6 Hardware for the Flight Management System (100 points) Provide a point-by-point response to each and every technical requirement specified in this section. Responses to technical requirements must be in the same sequence as they appear in this RFP. Responses must indicate that either the vendor's proposal "does comply" with specifications or that it "does not comply." A succinct explanation of how each requirement can be or cannot be met must be included. Mandatory: The vendor shall indicate the minimum standards required of the laptop to be used in flight. The vendor shall state processor speed, hard drive size, RAM and amount of the video memory. The laptop shall run Windows XP. WisDOT will provide the laptop. The vendor shall allow WisDOT to install the software on multiple PCs using Windows XP. If the vendor uses hardware locks then the vendor shall propose the cost per lock. The aerial photographer uses WisDOT’s Elmo, a camera control unit, as a viewing system. It is drilled into the camera and the display unit rests on a mount. The vendor’s proposal shall integrate this viewing system function and hardware. The system is to be integrated with WisDOT’s Zeiss RMK Top15 aerial camera. The proposed system shall effectively trigger the camera at pre-determined GPS coordinates and record the photo positions within +/- 15 feet. The vendor shall state obtainable accuracy. The pilot and photographer displays shall be compact, and easy to see in bright daylight conditions. The pilot display shall be delivered as a yoke mount. The in flight systems must be capable of operating in: temperatures between –20 degrees F to 100 degrees F, humidity up to 95%, voltage between 12 and 30 volts, a maximum amperage of 8 amps and a maximum cabin altitude of 13,000. WisDOT’s aircraft is not pressurized. The aircraft contains a Trimble 4000 SSI NAV Beacon GPS receiver. The vendor shall integrate this hardware in the system. If the vendor proposes an additional GPS device then the additional device must not conflict with the existing avionics. WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 14 of 23 Desired: WisDOT owns a TTL that is a flight management laptop computer that operates the Zeiss RMK Top15 camera. The vendor shall indicate if it is possible to load this software and functionality onto the TTL to reduce the number of devices in the airplane. 5.2 PROPOSER SOLUTIONS Submit response under Tab 3 of proposal--see section 2.4 above for proposal submittal format. 5.2.1 Describe Innovations in the flight management software to streamline the process: (50 points) Requests - WisDOT would be able to establish standards for the desired flight request exhibit it would like to receive from the regional offices. The vendor shall submit samples of exhibits that would enhance the flight planning process. Flight Document - The staff may use WisDOT County maps as exhibits, which are a Microstation DGN format. These maps have grid tics, which could be used to register the document to a coordinate system. The vendor shall demonstrate the use of the WisDOT County maps with the digitizing interface of the software. Flight Document - WisDOT owns LizardTech’s GeoExpress and has access to recent NAIP geo- referenced imagery. The imagery is currently stored in UTM NAD 27 coordinates. GeoExpress is used to extract the desired project area and translate it to the necessary coordinates. The vendor shall propose a stream-lined process for using geo-referenced NAIP photography in the flight management system. Flight Document - The vendor shall indicate the different digital formats possible as output of the flight document. The vendor shall indicate the ability to share digital versions of the flight documents without requiring the regional staff to own special software. The post-flight index shall allow for a choice of background, a raster image or vector file (e.g., an existing street map). The vendor shall propose sample index solutions. WisDOT currently has a standard ASCII file format that is used to import the data into an ArcVIew database. WisDOT will provide this format to the vendor so the vendor can propose an export routine from the Flight Management Database to allow WisDOT to continue to import data into the ArcView database. 5.2.2 Identify any necessary changes and/or enhancements in the hardware requirements in the flight management. Specifically address the following and describe any others: (50 points) WisDOT owns two CCNS viewers. The operator has a viewer and the pilot has a viewer. The vendor shall indicate if they propose to replace these viewers, how will they replace them and what trade in value is proposed. WisDOT would like a proposal for a mount for the laptop for the aerial photographer. If the vendor proposes an additional GPS device then the additional device must not conflict with the existing avionics. 5.2.3 Detail Training of the Flight Management System: (50 points) The vendor shall propose a training schedule for the appropriate components of the software for the staff. WisDOT has two pilots, three aerial photographers, and two flight planners that will require training. The training should accommodate up to ten people. 5.2.4 Define standard warranty provided and length and cost of extended maintenance and warranties for the Flight Management System Components. (50 points) 6.0 COST PROPOSAL 6.1 General instructions for the cost proposal and how it will be scored WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 15 of 23 The cost proposal must be submitted in a separate envelope within the written proposal package. All prices must be quoted in U.S. Dollars. The Purchasing Agent will score the cost proposals by prorating with the lowest cost proposal given the highest score. The formula is as follows: Calculation of points awarded to subsequent proposals will use the lowest dollar proposal amount as a constant numerator and the dollar amount of the firm being scored as the denominator. This number is then multiplied by the number of points given to the cost section of the RFP, resulting in the cost proposal score. Lowest Proposed Cost (constant) X Maximum evaluation points given to cost = Score Other Proposer's Cost (varies according to proposal being scored) 6.2 Format for submitting cost proposal. Use Bid Price Sheet (page 8) Submit one original plus one copy. 6.3 Fixed price period All prices, costs, and conditions outlined in the proposal shall remain fixed and valid for acceptance for ninety (90) days starting on the due date for proposals. The awarded contractor must hold the accepted prices and/or costs for the entire contract period. Any adjustment to prices and/or costs at the beginning of a contract renewal period will be negotiated between WisDOT and the Contractor. 7.0 REQUIRED FORMS The following forms must be completed and submitted with the proposal in accordance with the instructions given in Section 2.4. Blank forms are attached. Failure to submit all forms may result in rejection of your proposal. 7.1 Found in front section that precedes the Request for Proposal document: 7.1.1 Request for Proposal Signature Page 7.1.2 Designation of Confidential and Proprietary Information Page Submit these forms under Tab 1; see section 2.4 above. 7.2 Found in the back section of the Request for Proposal document: 7.2.1 Proposer Information Sheet--Attachment A. Submit under Tab 1; see section 2.4 above. 7.2.2 References Sheet--Attachment B. Submit under Tab 2; see sections 2.4 and 4.3 above. 7.2.3 WisDOT MBE Program Awareness, Compliance & Action Plan--Attachment C. Submit under Tab 4; see section 2.4 above. WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 16 of 23 STATE OF WISCONSIN DOA-3477 (R05/98) ATTACHMENT A PROPOSER INFORMATION--Submit this completed form under Tab 1 of proposal; see section 2.4 1. PROPOSING COMPANY NAME FEIN (Federal Employer ID Number) OR SOCIAL SECURITY NUMBER (if sole proprietorship) Phone ( ) Toll Free Phone ( ) FAX ( ) E-Mail Address Address City State Zip + 4 2. Name the person to contact for questions concerning this 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 WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 17 of 23 STATE OF WISCONSIN DOA-3478 (R12/96) ATTACHMENT B REFERENCES (Submit this completed form under Tab 2 of proposal; see sections 2.4 & 4.3 for instructions) PROPOSER: Provide company name, address, contact person, telephone number, and appropriate information on the product(s) used and/or service(s) provided for requirements similar to those included in this solicitation document. Potential subcontractors cannot be references. Any subcontractor arrangement for the completion of this work shall be listed on a separate proposal page. Company Name Address (include Zip + 4) Contact Person Phone No. Product(s) Used and/or Service(s) Provided Company Name Address (include Zip + 4) Contact Person Phone No. Product(s) Used and/or Service(s) Provided Company Name Address (include Zip + 4) Contact Person Phone No Product(s) Used and/or Service(s) Provided Company Name Address (include Zip + 4) Contact Person Phone No. Product(s) Used and/or Service(s) Provided WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 18 of 23 Attachment C WisDOT MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM AWARENESS, COMPLIANCE & ACTION PLAN As a matter of sound business practice, the Wisconsin Department of Transportation is committed to ―supply diversity‖ by promoting the use of minority business whenever and wherever possible. Further, as an agency of the State of Wisconsin, WisDOT shares in the state goal of placing five (5) percent of its total annual purchasing dollars with state- certified minority businesses. State of Wisconsin procurement policy provides that Minority Business Enterprises (MBE) 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/projects. You, as a contractor, are 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 (second-tier suppliers), with a goal of awarding 5% of the contract price to such enterprises. Monthly or Quarterly reports are requested to be submitted to the Department of Transportation Purchasing Unit’s Minority Business Specialist, itemizing the costs of services and goods provided by certified firms. Reports should state the costs for the previous contract/project month or quarter. Authority for the MBE program is found in Wisconsin Statutes 15.107(2), 16.75(4), and 16.755 and 560.036(2), and details about the program can be found at: Your complete response on the following form must address the following components of your company’s/organization’s commitment/action plan: a) Indication that you understand the WisDOT’s goal, b) Listing of any MBE vendors with which you intend to subcontract, c) Description of the various second tier MBE expenses (goods and services procured that are incidental to the contract/project; examples are: specific office supplies to perform the contract, percentage of cost for uniforms for contract staff, travel to perform the contract/project, percentage of facility maintenance services for your facility used directly by your staff during the contract/project period) your company/organization will be able to report that are in direct connection with the administration of this contract, d) Statement expressing your commitment to complete the required monthly or quarterly reports that will reflect your subcontracts and second-tier expenditures for the period. For information on certified State of Wisconsin minority business enterprises, please contact: E. Aggo Akyea Minority Business Program Specialist Wisconsin Department of Transportation 4802 Sheboygan Avenue, Room 751 P O Box 7915 Madison, WI 53707 (608) 267-2886 (608) 267-3609 fax Aggo.Akyea@dot.state.wi.us A complete listing of certified minority businesses, as well as the services and commodities they provide, is available on the web at: http://www.doa.state.wi.us/deo/mbe/minority_search.asp and Information regarding certification of minority businesses is available at: http://www.commerce.state.wi.us/ED/ED-MBD-Certification.html. WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 19 of 23 ATTACHMENT C WisDOT MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM AWARENESS, COMPLIANCE & ACTION PLAN Complete and sign--Submit under Tab 4 in the proposal; see section 2.4 above Failure to complete this form as a component of your proposal may result in rejection of your proposal. Our company/organization is a Wisconsin-certified Minority Business Enterprise (MBE). Yes No Our company/organization is a minority business but has not yet received Wisconsin certification (please provide details): _____________________________________________ Yes No We are aware of the WisDOT’s goal to spend at least 5% of their total annual purchasing dollars with state-certified MBE firms. Yes No We are aware that if awarded this contract/project our company/organization will provide monthly or quarterly reports to WisDOT reporting all expenditure activity directed to MBE Yes No subcontractors or second-tier MBE suppliers that directly relate to this contract. (Any non- certified minority businesses could be a potential subcontractor/second-tier supplier--indicate these on your plan. WisDOT will work with those businesses for possible certification.) Subcontractors: Our company/organization intends to subcontract at least 5% dollar volume with certified MBE firms listed below (names, addresses, telephone numbers): Yes No Second-tier Suppliers: In addition to direct subcontracting efforts, your company/organization can help WisDOT achieve the 5% goal by managing your second-tier minority purchases. Second-tier business refers to incidental business expenses your company may spend with Wisconsin-certified MBE firms as it pursues the normal course of business supplying the WisDOT-contracted products or services. Here are some examples: Percentage of your office supplies specifically used during the course of this contract/project. Percentage of uniform costs for staff performing this contract/project. If you travel to perform this contract/project, you could use a state-certified MBE travel agency and report that expense. Percentage of facilities maintenance services for facility(ies) directly used by your staff during the course of this contract/project. These second-tier expenses can only be reported to the extent that they directly relate to your business with WisDOT. The percentage of the expense you can report is determined by the amount of your WisDOT sales as it relates to your total sales volume. Per the terms of your contract, you should actively pursue directing business towards these types of companies, and report your efforts in this regard on a monthly basis. *************************************************************************************************************************************** In paragraph form, describe your company/organization’s commitment/action plan with regard to the planned use of state-certified MBE businesses in subcontracting efforts, as well as developing MBE second-tier suppliers. Please list your specific commitments (attach sheet, if necessary). SIGNATURE: ______________________________________ DATE: _____________________________ PRINTED NAME & TITLE: _______________________________________________________________ COMPANY: ____________________________________________________________________________ WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 20 of 23 Contract Appendix A STANDARD TERMS & CONDITIONS, DOA-3054 (R10/2005) 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. WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 21 of 23 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 followi ng: 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 WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 22 of 23 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 ident ified 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. WISCONSIN DEPARTMENT RFP #262428 OF TRANSPORTATION Page 23 of 23 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, W is. 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.
"Shell Sample Employee Contract - DOC"