Request For Bid: Ka15-4-o

Transcript

State of Wisconsin – UW-Milwaukee Wis. Statutes s.16.75 DOA-3070 (R08/2003) UWM-3070 (R10-13) REQUEST FOR BID: KA15-4-O THIS IS NOT AN ORDER The University of Wisconsin – Milwaukee (UWM) would like to enter into a contract for supply and delivery of data center racks and accessories. The contract shall be for an initial one year period with up to four (4) additional one-year extension periods upon mutual agreement of parties. Release date: August 25, 2014 Due date for questions: Monday, September 8, 2014 Contact Name for further information: Kathy Kercheck Due Date: Wed, September 10, 2014 2:00 pm cst Email: [email protected] Available submission methods: Physical Receipt by Purchasing Office (See Section 3.6.1. for instructions) Email (See Section 3.6.2 for instructions) Fax (See Section 3.6.3 for instructions) BID RESPONSIVENESS: To be considered responsive, the Bidder must submit the following (Bidder must check the respective boxes to indicate compliance with each requirement): Request for Bid Cover Sheet (this page), signed by an authorized signatory. Price Sheet (attached) Any exceptions to Contract Terms and Conditions. See section 4.1. Descriptive literature brochure. See section 3.9 Confidentiality Form, if desired (http://vendornet.state.wi.us/vendornet/doaforms/doa-3027.doc; DOA-3027) The undersigned has legal authority to bind the Bidder to this Bid. Yes No Note: Failure to check “Yes” will result in the Bid being considered non-responsive and ineligible for award. The undersigned claims 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 Administration. If you have questions concerning the certification process, contact the Wisconsin Department of Administration, 101 E. Wilson Street, 6th Floor, Madison, WI 53707 (608) 267-7806. Yes No The undersigned bidder is 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. Yes No 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 By signing this, the undersigned also certifies that neither bidder nor any person or entity associated with the bidder has, 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 statements are accurate under penalty of perjury; that false, misleading or missing information may disqualify the bid; and that neither the bidder nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency (see www.sam.gov and https://acquisition.gov/far/current/html/Subpart%209_4.html). Yes No The undersigned and the respondent will comply with all terms, conditions and specifications set forth in this Bid. Yes No Note: Failure to check “Yes” will result in the quote/Bid being considered non-responsive and ineligible for award. Name of Bidder:: Date: Bidder’s phone number: Address of Bidder: Full name and Title of authorized Bidder’s representative: Bidder’s email: City, State, Zip Code of Bidder: ____________________________________________ Signature of authorized Bidder representative Federal Employer Identification No (or social security if sole proprietor) (voluntary) This form can be made available in accessible formats upon request to qualified individuals with disabilities 1.0 GENERAL INFORMATION 1.1 ISSUING AGENT: University of Wisconsin-Milwaukee issues this Bid on behalf of the Board of Regents of the University of Wisconsin System as an agency of the State of Wisconsin. The University of Wisconsin--Milwaukee is hereafter referred to as “UWM”. 1.2 DEFINITIONS: 1.2.1 “Bidder” means a firm submitting a Bid in response to this Request for Bid. May be referred to as “Vendor” or “Supplier” or “Contractor.” 1.2.2 “Contract” means the document(s) constituting the agreement resulting from this Bid award. 1.2.3 “Bid Cover Sheet” means the first page of this Bid. 1.2.4 “State” means State of Wisconsin. UWM is an agency of the State and any legal obligations that run to the benefit of the State apply equally to UWM. 1.2.5 “RFB” or “Bid” means this Request for Bid. 1.2.6 “Successful Bidder” means the Bidder to whom this Bid is awarded. May be referred to as “Contractor”, “Vendor” or “Supplier” or “Contractor.” 2.0 SPECIFICATIONS – Mandatory Technical Requirements Scope: Blanket Contract for data center racks and accessories, to include delivery. See Page 10 of this document for details. 2.1 CONTRACT LENGTH: The contract will be for a ONE -year period with FOUR one-year extensions possible by mutual consent. 2.2 DELIVERY: Delivery is desired at the earliest possible date, after order placement. Vendor must be able to guarantee delivery within 45 days of order. See section 4.2: Prices shall be FOB Destination—no shipping to be charged to UWM. 2.3 AUTHORIZATION: Bidder must be an original manufacturer, authorized distributor, or dealer authorized by the manufacturer. 2.4 WARRANTY/SERVICE 2.4.1 Successful Bidder must provide at least a one-year warranty against defects in materials and workmanship. 2.4.2 The warranty must offer replacement for that part of the product that proves defective because of improper workmanship and/or material under normal installation use, service or maintenance with no additional charge for parts, labor, travel or any other any other charge. If Successful Bidder is unable to provide a replacement or repair in a timely manner, UWM may require refund of the purchase price in exchange for return of the product at no extra expense to UWM. 3.0 BID PROCEDURES AND INSTRUCTIONS: METHOD OF BID: Bidder must submit unit bid prices and quantity prices as specified in Price Sheet. Prices listed must be in US dollars and include delivery FOB Destination. UWM does not guarantee any dollar amount or quantity of purchase. METHOD OF AWARD: The award will be based upon the lowest responsive, responsible bid judged to be in the best interests of UWM. Formula for governing Bid evaluation will be based on total of extended price. Multiple contract blanket orders or individual orders may be used to order items from this contract. Any contract to be awarded shall be a blanket contract for the supply of specified items from the Bid Form. The University makes no commitment with respect to the amount of funds that will be spent during any contract period. 3.1 UWM may make awards to certified Minority Business Enterprise, or Disabled Veteran-Owned Business firms submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low bid. Authority for this program is found in ss. 16.75(3m)(b)2,3, 16.75(3m)(c)(4) and 560.0335(1)(b)(3), 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. 3.2 BID RESPONSIVENESS: Bids may be evaluated by the Purchasing Agent and program manager to verify that bids meet all specified requirements in this RFB and that they comply with all instructions of this Bid. The verification process may include requesting reports on the Bidder’s financial stability, requiring verbal presentations or product demonstrations at UWM or vendor location, and/or reviewing results of past awards to the vendor by the State of Wisconsin or any of its agencies. Failure of a Bidder to comply with verification requests may result in rejection of the bid. The verification process cannot be used as an opportunity to alter bids submitted. UWM shall be the sole judge of the results of the verification process. All specifications are mandatory minimum requirements unless otherwise stated. Failure to meet a mandatory requirement shall result in the Bid being deemed non-responsive. Bidders are encouraged to ask questions to resolve any ambiguities in Bid specifications (specs that are written too restrictively, are internally inconsistent, etc.). Bidders are also encouraged to submit responses even if all mandatory requirements are not met because Purchasing reserves the right to delete specifications, conditions of Bid or items not Bid if no Bidder is able to comply with the requirement. UWM reserves the right to (1) reject all Bid responses and make no award; (2) waive irregularities or technicalities in Bid responses; (3) request clarifying information from Bidders; (4) make a partial award; and (5) accept or reject all or part of any Bid submitted. 3.3 COMMUNICATION/QUESTIONS: From the date of release of this RFB until Bid award, the only permissible method of communication regarding this Bid is via email to [email protected]. Violation of this condition may be considered sufficient cause for Bid rejection. The subject line of the email shall read “Bid Number KA15-4-M Question” It is incumbent upon bidders to point out any possible discrepancies, omissions or ambiguities using the process outlined above. This includes alerting UWM to any non-standard specifications. By failing to do so, bidders waive the right to claim any provision of this Bid is ambiguous or unnecessarily restrictive. Any clarifying addendum will be posted as set forth herein. The deadline for any questions concerning this RFB is as set forth on the cover sheet of this Bid. Any questions received after that time may not result in an addendum answering the question. 3.4 BID SUBMISSION: The method of submission shall be as set forth on the Bid Cover Sheet: By physical delivery to the Purchasing Office; by email or by fax. Details with respect to each method of submission are provided below. All bids must be signed on the Bidder Signature block or they may be deemed non-responsive and be rejected. Bid openings are public unless otherwise specified. The names of the bidders may be read aloud at Bid opening. Records will be available for public inspection after award of the contract. Bidder should contact the Purchasing Agent named on the Bid Cover Sheet for an appointment to view the Bid record. 3.4.1 Delivery to Purchasing Office If Bidder is submitting a Bid by delivery to the Purchasing Office, Bidder shall submit one (1) original Bid with a wet signature. The delivery address of the Purchasing Office is as set forth below: Engelmann Hall Room 180 2033 E. Hartford Ave Milwaukee, WI 53211 Bids shall be deemed accepted when physically received in the UWM Purchasing Office as evidenced by a time stamp by the UWM Purchasing Office. Receipt of a Bid by the mail system or by another office shall not constitute receipt of a Bid by the Purchasing Office and such bids shall be rejected. Late bids shall be rejected. 3.4.2 Delivered via Email If Bidder is submitting a Bid via email, Bidder shall submit to [email protected]. Such email (and all Bid documents) must be received prior to the Bid due date set forth on the cover sheet of this bid. The subject line of bidder’s submission must contain the following: “Bid response” followed by “Bid number, date due, and bidder’s company name.” Any attachments to electronic submissions must be in Microsoft Word, Microsoft Excel, Microsoft Powerpoint, Adobe PDF, or ZIP file formats and under 10MB in size. UWM will not accept responsibility for any network or power outages that may occur during the transmission of bids. Electronic or digital signatures are acceptable, but subject to verification. Submitting a Bid to an e-mail address other than [email protected] will not constitute receipt of a valid Bid by the Purchasing Office. 3.4.3 3.5 Delivered via Fax If Bidder is submitting a Bid via fax to Purchasing Office, Bidder shall fax to (414) 906-8406. INSPECTION OF PREMISES: DELETED 3.6 ADDENDUM: DELETED 3.7 BIDDING EQUAL OR BETTER: Bids on alternate or substitute items “equal or better” will be considered if indicated in the Bid specifications. To be considered responsive, full descriptive literature must be included and bidder must specifically highlight or direct UWM to the precise place in the literature that demonstrates all of the specifications are equal or better. Bidder must specifically circle and explain any deviations from the Bid specifications. The Purchasing Director shall be final judge as to whether an item meets the specifications for the bid. 3.8 FAIR PRICE ANALYSIS: Purchases made pursuant to this awarded Bid may require a fair price analysis. Bidders should identify on the Bidder Response Sheet the type of documentation they will provide (i.e. published price list, list of previous buyers, etc.) to allow UWM to complete this analysis. The awarded Bidder will be required to provide this documentation prior to the order being issued. 3.9 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. 3.10 JOINT BIDS: DELETED 3.11 INCURRING COSTS: UWM shall not be liable for any cost incurred by a Bidder in the process of responding to this RFB. 3.12 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 UWM. 3.13 SHALL AND MUST ARE MANDATORY: “Must” or “shall” are mandatory requirements. 3.14 REASONABLE ACCOMMODATIONS: UWM will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities, upon request. 3.15 PROPRIETARY INFORMATION: Any information contained in the Bidder’s response that is proprietary must be detailed separately on form DOA-3027 and submitted as set forth on the Bid Cover Sheet. Marking of the entire response as proprietary will neither be accepted nor honored. UWM cannot guarantee that all such material noted remains confidential, particularly if it becomes a significant consideration in contract award. Information will only be kept confidential to the extent allowed by State of Wisconsin Public Disclosure Law (refer to Standard Terms and Conditions, Section 4.14.23). A copy of the form needed to designate portions of your submission as proprietary can be found at: http://vendornet.state.wi.us/vendornet/doaforms/doa-3027.doc 4.0 TERMS AND CONDITIONS 4.1 ENTIRE CONTRACT: A contract will be awarded to the successful Bidder/s based on the criteria established in this Request for Bid, including attachments and any amendments issued. The RFB, the Bidder’s response, and any written communications incorporated into the contract constitute the entire contract between the parties. The order of priority in interpreting the contract shall be as follows: (1) This Bid document, including any amendments/attachments; (2) Official Purchase Order; and (3) the successful Bidder’s response to RFB. Any Contract terms and conditions provided by the Bidder, including but not limited to click-on/click-through agreements; shrink wrapped agreements; or terms submitted with bid, order acknowledgements, or invoices; shall be considered null and void and will not be enforceable by the Successful Bidder unless agreed to in a written amendment signed by UWM’s Purchasing Office. Any exceptions to the Contract Terms and Conditions must be clearly identified. Specific objections or additions must be listed. 4.2 F.O.B.: All deliveries shall be FOB Destination or FOB Destination and Installed if installation is required. Delivery (and installation charges, if applicable) risk of loss shall be borne by the successful Bidder. Bid prices must include all packing, freight, insurance, set-up, instruction, per diem and operation manual charges, excluding any import costs. 4.3 CONTRACT PRICING HELD FIRM: Firm fixed prices are to be entered on the Bid Form for each item that Bidder desires to supply. Except as provided herein, Contract resulting from this Bid must remain firm for the initial one-year contract period. No price increases can be proposed or considered during the initial term of the contract. Requests for consideration of price adjustments for an upcoming contract extension period must be submitted for review by UWM at least thirty (30) days in advance of the beginning of the period. Agreement on price adjustments, if any, is required in order to accomplish mutual agreement of the parties to extend the contract for an additional year. Discounts off standard list prices: Discount(s) shall be firm for the life of the contract and will be computed on the list prices in effect on the day the order is entered online, postmarked, faxed, emailed, or phoned in to the contractor. Discounts shall be provided for each line item. Standard price list may change as issued by the mills/manufacturer(s) but the percentage of discount must remain firm throughout the life of the contract. 4.4 ESCALATION/DE-ESCALATION CLAUSE: Requests for price increase must be made in writing to the Purchasing Agent listed on the P.O. at least sixty days in advance of the effective date of the increase. The increase must be approved by the UWM Purchasing Office prior to its effective date in the form of a Change Order. Annual price increase shall not exceed 4%. 4.5 DISCONTINUED PRODUCTS: In the event an item subject to this Bid is/has been discontinued by the manufacturer or is/has been replaced or upgraded, UWM reserves the right to purchase the replacement and/or upgraded items at the same pricing structure as set forth in the Successful Bidder’s response to the Bid. 4.6 IDENTIFICATION WHILE ON CAMPUS: DELETED 4.7 ACCEPTANCE AND TESTING: Acceptance testing will occur within 30 days after the item has been installed. Acceptance testing will be performed by UWM and will consist of verification of the specifications and performance requirements. If the item does not meet specification or performance requirements, the Successful Bidder will have 15 days or as otherwise mutually agreed to meet requirements. If after this time period the item still does not meet specifications or performance requirements, the Successful Bidder agrees to remove the item and return any payments that may have been made. The Department Manager or his/her designee is the only authorized person who can sign an acceptance form. The warranty period will begin following the successful acceptance testing. 4.8 INVOICING PERFORMANCE. If a complaint is received by the contract manager from an Authorized User or UWM Accounts Payable regarding a billing error, the Successful Bidder will be notified in writing that the invoicing is not in compliance with the contract. The second time a documented billing problem is received by the contract manager the contractor may be required to meet with the contract manager. The Successful Bidder will be advised of the possible consequences, which may include cancellation of the contract, if there are any future billing problems. The third time a documented billing complaint is received by the contract manager, the contract may be cancelled. 4.9 SHIPMENTS, DUPLICATES AND OVERSHIPMENTS: Upon notification by UWM of a duplicated order or overshipment, the items identified must be removed at the Contractor's expense. If the duplicated or overshipment items are not removed within 30 days of written notification, UWM reserves the right to dispose of them as its own property and shall not be held liable for any cost for the items. 4.10 REPORTS: The Successful Bidder must be able to provide UWM with requested reports at agreed-upon intervals with agreed-upon details. 4.11 SUBCONTRACTING: Any Contract resulting from this Bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any Subcontractor without prior written approval by the UWM Purchasing Office. In the event of an approved subcontract, the Successful Bidder shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. UWM reserves the right to assess the successful bidder liquidated damages in excess of the contract amount for Subcontractor’s failure to perform or inability to complete required project milestones. Subcontractors must abide by all terms and conditions under this Contract. 4.12 CANCELLATION AND TERMINATION: UWM reserves the right to cancel any contract in whole or in part without penalty due to non-appropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract. UWM shall give notice, in writing, of such termination at least 10 days before the effective date of termination. Each party will assist the other party in the termination of this contract and the transfer of all aspects hereof, tangible or intangible, as may be necessary for the orderly, non-disruptive business continuation of each party. 4.13 RECORD AND AUDIT: The Contractor shall establish, maintain, report as needed, and submit upon request records of all transactions conducted under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, State of Wisconsin and local ordinances. UWM shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents held by the Contractor related to this contract. The Contractor shall retain all applicable documents for a period of not less than five years after the final contract payment is made. UWM reserves the right to inspect any facilities used to support this Contract. 4.14 ADDITIONAL STATE TERMS AND CONDITIONS: The following terms and conditions originate from State of Wisconsin DOA-3054. 4.14.1 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, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. UWM shall be the sole judge of equivalency. Bidders are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid. 4.14.2 4.14.3 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the Bidder's letterhead, signed, and attached to the Bid. In the absence of such statement, the bid shall be accepted as in strict compliance with all terms, conditions, and specifications and the Bidder shall be held liable. 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 UWM. 4.14.4 QUANTITIES: The quantities shown on this request are based on estimated needs. UWM reserves the right to increase or decrease quantities to meet actual needs. 4.14.5 PRICING AND DISCOUNT: UWM qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts. 4.14.5.1 Unit prices shown on the Bid or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the Bid or contract. For any given item, the quantity multiplied by the unit or quantity price on bid awardee PRICE SHEET shall establish the extended price. Formula for governing Bid evaluation will be based on extended price. 4.14.5.2 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). 4.14.6 UNFAIR SALES ACT: Prices quoted to UWM are not governed by the Unfair Sales Act. 4.14.7 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by UWM authorized personnel. No other purchase orders are authorized. UWM may order items stocked by the vendor in broken cartons. The successful contractor(s) will be responsible for the furnishing of any and all quantities in any and all sizes requested. 4.14.8 PAYMENT TERMS AND INVOICING: UWM will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. A good faith dispute creates an exception to prompt payment. Bidders shall include discounts for early payment as a percent reduction of invoice. Invoice discounts shall be determined, where applicable, from the date of acceptance of goods and/or the receipt of invoice, whichever is later. Discounts for early payment terms stated on the Bid must be shown plainly on the invoice; discounts for early payment not shown on the invoice will be taken. 4.14.9 TAXES: UWM is exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. UWM 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. UWM 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. 4.14.10 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. 4.14.11 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. UWM 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. UWM 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. 4.14.12 ANTITRUST ASSIGNMENT: The contractor and UWM recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the contractor hereby assigns to UWM any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract. 4.14.13 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 UWM. 4.14.14 NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. 4.14.14.1 Contracts estimated to be over fifty thousand dollars ($50,000) 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 fifty (50) 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. 4.14.14.2 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. 4.14.14.3 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. 4.14.15 PATENT INFRINGEMENT: The contractor selling to UWM the articles described herein guarantees the articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe any United States patent. The contractor covenants that it will at its own expense defend every suit which shall be brought against UWM (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. 4.14.16 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to UWM must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards. 4.14.17 INSURANCE RESPONSIBILITY: Successful Bidder shall maintain the following insurance, naming the Board of Regents of the University of Wisconsin system to be an additional insured: 4.14.17.1 Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work. 4.14.17.2 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. 4.14.17.3 UWM reserves the right to require higher or lower limits where warranted. 4.14.18 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by UWM. 4.14.19 OMNIBUS RECONCILIATION ACT: (Public Law 96-499) To the extent required by law, if this contract is for acquisition of services with a cost or value of $25,000 or more within any 12-month period, including contracts for both goods and services in which the services component is worth $25,000 or more within any 12-month period, the Contractor shall in accordance with 42 C.F.R., Part 420, Section 1861 of the Omnibus Reconciliation Act of 1980 (P.L. 96499) and permit the comptroller general of the United States, the United States Department of Health and Human Services, and their duly authorized representatives, access to the Contractor's books, documents and records until the expiration date of four (4) years after the approval of procurement activities. 4.14.20 PUBLIC RECORDS ACCESS: It is the intention of UWM to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities. Bid 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. 4.14.21 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request must be clearly stated in the Bid itself. Proprietary information submitted in response to a request will be handled in accordance with applicable UWM 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. Marking of the entire response as proprietary will neither be accepted nor honored. UWM cannot guarantee that all such material noted remains confidential, particularly if it becomes a significant consideration in contract award. 4.14.21.1 Data contained in a Bid, 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 UWM. 4.14.21.2 Any material submitted by the vendor in response to this request that the vendor considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary Information form (DOA-3027). Bidders may request the form if it is not part of the Request for Bid package. Bid prices cannot be held confidential. 4.14.22 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 UWM 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. 4.14.23 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. 4.14.24 ANTI-KICKBACK ACT of 1986: (41 USC 51 et. seq): To the extent required by law, the officer or employee responsible for submitting this Bid shall certify, in accordance with 48 CFR 52.203-7, to the best of their knowledge, that they have no information concerning the violation of the Anti- Kickback Act in connection with the submitted bid. Signing the Bid with a false statement shall void the submitted Bid and any resulting contract(s). 4.14.25 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). 4.14.26 HOLD HARMLESS: The contractor will indemnify and save harmless the State of Wisconsin, UWM and all of their respective 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. 4.14.27 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. 4.14.28 WORK CENTER PROGRAM: The Successful Bidder shall agree to implement processes that allow the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to purchase goods and services produced by work centers certified under the State Use Law, s.16.752, Wis. Stat. This shall result in requiring the Successful Bidder 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. 4.14.29 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. 4.14.30 CHILD ABUSE NOTIFICATION: Contractor, per Executive Order 54, is required to make a report of child abuse or neglect immediately if, in the course of service, the Contractor observes or learns of an incident or threat of child abuse or neglect, and the Contractor has reasonable cause to believe that child abuse or neglect has occurred or will occur. STATE OF WISCONSIN DOA-3027 N(R01/98) DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION The attached material submitted in response to Bid/Proposal # includes proprietary and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval. Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential. Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats. as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply: 1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. 2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances. We request that the following pages not be released Section Page # Topic _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE UNDERSIGNED HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSARY ASSISTANCE TO DEFEND THE DESIGNATION OF CONFIDENTIALITY AND AGREES TO HOLD THE STATE HARMLESS FOR ANY COSTS OR DAMAGES ARISING OUT OF THE STATE'S AGREEING TO WITHHOLD THE MATERIALS. Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response will be open to examination and copying. The state considers other markings of confidential in the bid/proposal document to be insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified above. Company Name ___________________________________________ Authorized Representative ___________________________________________ Signature Authorized Representative ___________________________________________ Type or Print Date ___________________________________________ This document can be made available in accessible formats to qualified individuals with disabilities. UWM KA-15-4-O SPECIFICATIONS The University of Wisconsin-Milwaukee would like to enter into a contract with a vendor to provide computer data center racks and accessories. The contract period will be for one year from date of award, with an option to renew for four (4) additional oneyear periods, if agreeable to both the University and the successful bidder. Prices would remain firm for the first year of the contract. Any requests for price increases must be submitted to the University within 30 days of expiration date of the contract period. 1.0 General Requirements 1.1 The enclosure shall be designed to provide a secure, managed environment for computer, networking and storage equipment. 1.2 The enclosure shall conform to Electronics Industry Association (EIA) 310-D 19” standard for cabinets, racks, panels and associated equipment. 1.3 The enclosure shall be designed with four vertical posts that provide the structural integrity of the enclosure. Rack-mount equipment shall be installed on four separate vertical mounting rails. 1.4 The enclosure shall be available with vertical equipment space of 42U & 45U (1U=1.75”/44.45mm). 1.5 All metal parts shall be painted using a powder coat paint process for maximum appearance, durability and resistance. A variety of color choices shall be available. 1.6 All plastic components shall comply with Underwriters Laboratory Specification 94 with V-1 rating or better. 1.7 There shall be no burrs along any surface and any welded joints should be grinned and free from weld spatter. 1.8 The enclosure design shall be flexible to allow users to customize the enclosure by ordering every major component that is required in their application without having to order a prepackaged design. 1.9 Provisions shall be provided to tie all major enclosure components into the system ground. 1.10 All electrical options or accessories shall be UL/CSA recognized or approved. 1.11 Enclosure designs must meet or exceed all 3rd party rack requirements for the major server manufacturers (HP, Dell, and Sun/Oracle at the minimum). 2.0 Physical Specifications 2.1 2.2 2.3 2.4 2.5 2.6 External Height: The external height will depend on the U space required. External Depth: The external depth of the enclosure should be flexible to meet the specific field requirements. Standard product should have a depth (with front and rear doors attached) of 39.12”. External Width: The external width of the enclosure should be flexible to meet specific field requirements. Standard product should have a width of 30” (measured without side panels if they extend beyond the enclosure frame). Equipment Mounting Height: The enclosure design should allow for custom U heights. The vendor shall offer, as standard product, at least a 42U & 45U height enclosure. Equipment Mounting Width: The enclosure design should allow for mounting widths that conform to EIA-310-D standard for 19” rack-mount equipment. Weight Capacity: The enclosure shall support a static load (weight, evenly distributed, supported by the leveling feet) of at least 2,000 lbs. (909kg). The weight of the standard enclosure shall not exceed 300 lbs. (136kg). 3.0 Frames 3.1 3.2 3.3 3.4 The frame of the enclosure shall be shipped as a fully welded design to provide the 2,000 lbs. (909kg) load capacity. The frame shall be constructed with a minimum of 14-gauge steel. Aluminum frames shall not be allowed. The frame design shall allow the field attachment of front doors, rear doors, side panels and roofs without disrupting rackmount equipment or cables. The frame design shall ship with leveling feet preinstalled. 4.0 Vertical Mounting Rails 4.1 4.2 4.3 4.4 The vertical mounting rails shall be designed to meet EIA-310-D standard. The vertical mounting rails shall have infinite depth adjustment in the field up to a maximum of 33.12” on a 40” deep frame. The vertical mounting rails shall be constructed of sufficient gage steel to support the required equipment load and have equipment mounting holes using 0.375” (9.5mm) square holes as standard product. The vertical mounting rails shall have each U space identified by a line at the top and the bottom of each U. The number U space shall be marked on each U. Each U consists of three holes and measures 1.75” (44.45mm) high. UWM KA-15-4-O SPECIFICATIONS 5.0 Front door 5.1 5.2 5.3 5.4 5.5 5.6 The front door shall be designed with quick release hinges allowing for quick and easy detachment in the field by one person without the use of tools. The front door shall be designed to be reversible in the field so that it opens from either side. The front door shall open at least 120 degrees allowing unrestricted physical access to the interior. The front door shall be perforated to comply with the major server manufacturers’ requirements for proper airflow. At a minimum the perforation pattern shall be 63% open per square inch with at least 830 square inches of open area. The front door construction shall be rugged and reinforced to prevent wobbling when opened. The front door shall have a handle and lock using a key. Options for individual keyed locks with master override shall be available. 6.0 Rear doors 6.1 6.2 6.3 6.4 6.5 The rear doors shall be designed with quick release hinges allowing for quick and easy detachment in the field by one person without the use of tools. The rear door shall open at least 120 degrees allowing unrestricted physical access to the interior. Perforated rear door designs shall be perforated to comply with the major server manufacturers’ requirements for proper airflow. At a minimum the perforation pattern shall be 63% open per square inch with at least 700 square inches of open area. The rear door construction shall be rugged and reinforced to prevent wobbling when opened. The rear door shall have a handle and lock using a key. Options for individual keyed locks with master override shall be available. 7.0 Side panels 7.1 7.2 7.3 7.4 7.5 Side panels shall be removable in the field by one person without the use of tools. Side panels shall have a lock. The side panels shall not preclude cable routing along the side of installed rack-mount equipment. The side panel shall be offered in a solid form to maintain proper airflow. Optional divider panels shall be available for field retrofit and installed by the factory. These panels shall provide an added level of security between two bayed enclosures without adding any additional width. 8.0 Top Panels 8.1 8.2 Solid top panels shall accommodate an overhead cable trough system. Top panels shall provide multiple cable entry points for proper separation of power and data cables. 9.0 Stabilization 9.1 9.2 The enclosure shall ship with four adjustable leveling feet to help provide a stable base while installed on an uneven floor surface. The enclosure shall have provisions for adding an anti-tip foot at the factory or in the field. 10.0 Baying 10.1 Baying or ganging of enclosures shall be accomplished without disturbing any rack-mounted equipment or cables. 10.2 The baying method shall be accomplished quickly by one person using minimal hardware without having to move the enclosure in any special manner. 10.3 The baying hardware should be provided with every enclosure and not require the purchase of separate kits. 10.4 The baying or unbaying of an enclosure shall be possible only when access to the enclosure has been granted. External methods compromise security and should not be accepted. 10.5 Baying enclosures together shall not add any additional width to the layout. UWM KA-15-4-O SPECIFICATIONS 11.0 Miscellaneous 11.1 The enclosure should support a two vertical power distribution units (PDUs) on each side of the enclosure frame (for a total of four PDUs) via “tool-less” installation hardware. 11.2 The enclosure shall ship with hardware for the mounting of equipment inside the enclosure. Additional equipment mounting hardware kits shall be available as an option. 11.3 Outline drawings shall be available showing height, width depth, footprint and drill pattern for stabilization options. 11.4 A full line of rack-mount accessories (EIA 19”) shall be offered that include, but not limited to: a) Rack-mount fixed shelves with a 400 lbs. weight rating b) Rack-mount sliding shelves with a 150 lbs. weight rating c) Interior cable management devices d) Top panel cable management devices e) Filler panels f) Power distribution strips Price Sheet on next page KA 15-4-O PRICE SHEET Bidder’s Name________________________________ Pricing to include all delivery and shipping costs (see section 4.2) Est Annual Qty. 2 5 Item Description Unit Price Extended Price 42U x 30” x 40” Rack enclosure with end of row panels 42U x 30” x 40” Rack enclosure with any required panels installed on one side to extend an existing row 1 45U x 30” x 40” Rack enclosure with end of row panels 1 45U x 30” x 40” Rack enclosure with any required panels installed on one side to extend an existing row Discount from manufacturer’s list price for rack enclosure options and accessories under NIGP Code 204-64-59, including the items listed in section 11 of specifications 1 Manufacturer/Brand Please specify quantity discounts to offer on items above if any: Delivery: Please state typical delivery time frame upon order_____________ UWM Reserves the right to purchase like-items (for rack enclosure options and accessories under NIGP Code 204-6459) from the bid awardee/s provided they are given the same percentage discount from the manufacturer’s list price as items bid herein. Please list the percentage discount herein: ____________________________ Please confirm that the discount may be applied to like-items. Yes_______ No_______ Provide a manufacturer’s price list of current items that may be purchased under this bid showing manufacturer’s list price, discount %, and extended price. Other UW System campuses may use the results of this Request for Bid to issue Purchase Orders. Yes____________ No____________