Motor Coach Services bid specifications



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TRANSMISSION COVER LETTER

DATE: August 1, 2011

You may submit your bid through one of the following options: U.S. mail, special delivery, email or hand-delivery. Refer to “SUBMITTAL INSTRUCTIONS”. Regardless of the option used, your bid must be received and time stamped in by a Purchasing Office staff member, 1725 State Street, 125 Graff Main Hall, La Crosse, WI 54601, prior to 2:00 PM, CDT on the bid due date to be considered on time. Bids not so stamped shall be considered late. Late bids shall be rejected.

If you have any questions concerning these instructions, please contact the De Anne Otto (608)785-8724 or Gerry Hyzer (608) 785-8503 at the University of Wisconsin-La Crosse Purchasing Office.

A REQUEST FOR BID (RFB)

RFB #UWL-712

UNIVERSITY OF WISCONSIN – LA CROSSE

Request for bid for Motor Coach Service

Issued by:

STATE OF WISCONSIN

UNIVERSITY OF WISCONSIN – LA CROSSE

PURCHASING OFFICE

Issue Date:

August 2, 2011

NO PUBLIC OPENING

BIDS must be submitted by

August 23, 2011 - No later than 2:00 p.m. CDT

SUBMITTAL INSTRUCTIONS

A completed and signed bid response must be received and date/time stamped in the UW-La Crosse Purchasing Office prior to 2:00 p.m. CDT on the stated BID due date to be considered. BIDS not so date/time stamped in shall be considered late. Late BIDS shall be rejected. We have supplied you with a pre-addressed return label. Please fill in your vendor name and address on the return label to help us identify this transaction. Please use one of the options below for return of your BID.

MAILING:

Original mailed bids must be received at Purchasing Services, 1725 State Street; 125 Graff Main Hall; La Crosse, WI 54601, prior to 2:00 p.m. CDT on the stated bid due date.

HAND DELIVERY:

Original hand-delivered bids may be delivered by vendor or third-party/courier service. Bids must be received at Purchasing Services, 1725 State Street, 125 Graff Main Hall; La Crosse, WI 54601, prior to 2:00 p.m. CDT on the stated bid due date.

E-MAILING:

For your e-mailed bid to be considered valid by UW-La Crosse Purchasing Services:

1. Send a complete copy of the entire response prior to 2:00 p.m. CDT on the stated bid due date via e-mail to: dotto@uwlax.edu .Submitting a bid to any other e-mail address than dotto@uwlax.edu does not constitute receipt of a valid bid by Purchasing Services.

2. Original bid must to be delivered (via hand delivery, mail or courier) within one (1) business day after the stated bid due date and must be received at Purchasing Services, 1725 State Street; 125 Graff Main Hall; La Crosse, WI 54601 or it will not be considered as receipt of a valid bid.

Prior to the bid deadline, bidder is responsible for confirming that their e-mailed bid response has been successfully received. Proof of transmission doesn't constitute proof of receipt. The original e-mail submission must be supported by the last page of Section 5 “RFB Checklist and Submittal Page”. This page must be signed and returned via fax (608-785-8544) and must be received prior to 2:00 p.m. CDT on the bid stated due date.

RETURN ADDRESS LABEL:

|OFFICIAL SEALED BID |

|NUMBER: UWL-712 |

|DUE DATE: 8/23/2011 TIME: 2:00 PM CDT |

|NO PUBLIC OPENING |

|INSERT |

|VENDOR NAME HERE: _____________________________________ |

|ADDRESS: _______________________________________________ |

|_______________________________________________ |

|_______________________________________________ |

|UNIVERSITY OF WISCONSIN- LA CROSSE |

|PURCHASING SERVICES |

|1725 STATE STREET; 125 GRAFF MAIN HALL |

|LA CROSSE, WI 54601 |

TABLE OF CONTENTS

Page(s)

Section #1: General Information

1.1 Purpose 5

1.2 Organization of this Solicitation Document 5

1.3 Definitions 5

5 Incurring Costs 6

6 Affirmative Action 6

7 Minority Business Enterprise Preference 6

1.7 Wisconsin Sales and Use Tax Registration 6

1.8 VendorNet 6

1.9 Smoke Free Environment 6

1.10 Parking 6

Section #2: Instructions to Bidders

2.1 Applicable Dates 7

2.2 Clarifications and/or Revisions through Designated Contact 7

2.3 Preparing the bid 7

2.4 Conflict of Interest 7

2.5 Multiple bids 7

2.6 Withdrawal of Bids 7

2.7 Protests 8

Section #3: Performance and Contract Requirements

3.1 Contract Terms and Conditions 9

3.2 Scope 9

3.3 Payment Terms 9

3.4 Parties to the Contract 9

3.5 Contract Commencement/Term of Contract 9

3.6 Contract Termination 9-10

3.7 Subcontractors 10

3.8 Insurance 10-11

3.9 Executed Contract To Constitute Entire Contract 11

Section #4: Requirements of All BIDS 12

Section #5: RFB Checklist and Submittal Page 13-15

Attachment A – Project Scope Description/Specifications 16-20

Exhibit #1 21-26

Attachment B – Bid Form 27-30

Attachment D – Standard Terms and Conditions 31-33

Attachment E – Supplemental Terms and Conditions for Procurement for Services 34

Section #1: General Information

Requirements that include the word "must" or "shall” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification or mandatory requirement, Purchasing reserves the right to delete that specification or mandatory requirement. Failure to meet a mandatory requirement MAY disqualify your BID. This bid document and the awarded bidder’s (Contractor’s) response information shall become the Contract.

1.1        Purpose

The University of Wisconsin-La Crosse (UW-La Crosse), through its Purchasing Services Department desires to contract for Motor Coach Service for all of its campus-related trips, on a multi-vendor basis. This will include intra-state and inter-state transport of athletic teams, classes, and special activities, many with extended stays or layovers. The motor coach contractor must be capable of supporting multiple trips at one time and typical UW-La Crosse itineraries (Exhibit A). UW-La Crosse requires motor coaches that are safe and modern, with effective climate control, comfort, wireless internet availability and DVD/TV entertainment. Punctuality and motor coach availability are vitally important, as athletic teams must not be late or absent from scheduled events. State of Wisconsin Standard Terms and Conditions (DOA-3054) will apply to this request for bid and any subsequent contract for Motor Coach Service.

1.2 Organization of this Solicitation Document

This document is divided into five main sections. The sections also refer to “Attachments” when such organization assists in making this document more fluid. The five main sections are:

Section 1 General Information (generally states the intent of the solicitation)

Section 2 Instructions to Bidders (contains Information on the bid process)

Section 3 Performance and Contract Requirements (contains performance clauses that will become part of any awarded contract).

Section 4 Requirements of All bids (contains all information Bidders must submit as part of their bid).

Section 5 Checklist and Signature Page (contains check-off list)

1.3 Definitions

The following definitions are used throughout the Special Conditions of bid:

Contractor means successful vendor awarded the bid

Department means any UW-La Crosse department requesting Motor Coach Service

MBE means Minority Business Enterprise

BIDDER means a firm submitting a bid in response to this Request for bid

RFB means Request for bid

State means State of Wisconsin

University means University of Wisconsin-La Crosse

1.4 Incurring Costs

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

1.5 Affirmative Action

As a State agency, the University requires contractors issued any purchase order exceeding $25,000.00 to provide an Affirmative Action Plan. Failure to comply appropriately with these requirements may lead to your company being banned from doing business with any agency of the State of Wisconsin. Additionally, failure to comply with this requirement may result in termination of this contractor or withholding of payment. On the Bidder Response Sheet, page 15, please provide the requested information

6. Minority Business Enterprise Preference

The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The contracting agency is committed to the promotion of minority business in the state's purchasing program.

1.7 Wisconsin Sales and Use Tax Registration

No award can be made to a vendor who is not in compliance with Sec. 77.66 of the Wisconsin State Statutes (vendornet.state.wi.us/vendornet/wocc/certtax.asp) relating to sales and use tax certification.

If you have not established a certification for Collection of Sale and Use Tax status with the Wisconsin Department of Revenue, the University and any other state agency can not issue any purchase orders to your firm. For additional information see

1.8 VendorNet

The State of Wisconsin has implemented a registration service on the Internet called “VendorNet” to enable vendors to receive notice of all official sealed bids (over $25,000.00) as solicited by all state agencies.

To obtain information on the state’s bidder registration, please visit the VendorNet Web site at or call the VendorNet Information Center

(1-800-482-7813). In the Madison area, please call 264-7898.

1.9 Smoke-Free Environment

All University buildings are smoke-free buildings. No smoking shall be permitted.

1.10 Parking

A University-issued parking permit is required to park in any of the designated parking lots. Contractor is required to purchase a University parking permit at their own expense.

Section #2: Instructions to Bidders

2.1 Applicable Dates

|Date |Event |

| | |

|August 2, 2011 |Date of Issue of the RFB |

| | |

|August 23, 2011 -- 2:00 PM CDT |RFB Due Date (Local La Crosse Time) |

2.2 Clarifications and/or Revisions through Designated Contact

All communications and/or questions in regard to this request must be in writing and Bidders are encouraged to FAX or e-mail written questions to the Purchasing Office.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions will be provided to all recipients of this initial RFB.

2.3 Preparing the BID

To be considered, bidders must respond to each of the requirements listed in Section #4 and per the Submittal Instructions on page 2 on this document.

2.4 Basis of Bid Evaluation

The University reserves the right to accept or reject any and all bids and to waive any technicality in any bid submittal. The award shall be made based on the lowest rates and other charges from qualified bidders and which are judged by the University to be in the University’s best interest. The award may be given to more than one contractor. Based upon information provided by the bidder, the University will determine the bidder's demonstrated financial, managerial and operational ability and resources to serve the University. Only bids from financially responsible organizations or individuals, as determined by the University, presently engaged in the business of Motor Coach Service and which have the capability to perform as specified and provide professional services shall be considered. Representatives from the University reserve the right to inspect the bidder's facilities and other operations under the contractor's management prior to award of this bid.

2.5 Conflict of Interest

By submitting a bid, the bidder certifies that no relationship exists between the bidder and the University that interferes with fair competition or is a conflict of interest, and no relationship exists between such bidder and another person or firm that constitutes a conflict of interest that is adverse to the University.

2.6 Multiple BIDS

Bidders who wish to submit more than one bid may do so, provided that each bid stands alone and independently complies with the instructions, conditions and specifications of the request. If multiple responses are submitted, the University reserves the right to select the most advantageous bid to the University. Each such bid must be submitted separately and labeled as BID #1, BID #2, etc. on each page included in the response.

2.7 Withdrawal of BIDS

Bids shall be irrevocable until contract award unless the bid is withdrawn. Bidders may withdraw a bid in writing at any time up to the bid closing date and time. The written request must be signed by an authorized representative of the bidder and submitted to the UW-La Crosse Purchasing Director. If a previously submitted bid is withdrawn before the bid due date and time, the bidder may submit another bid at any time up to the bid closing date and time.

2.8 Protests

Any protest of the University's solicitation or intent to award must be made as provided by the Wisconsin Administrative Code and the State Procurement Manual.

No later than five working days after the notice of intent to award is issued by the University, written notice of intent to protest must be received by:

Robert J. Hetzel

Vice Chancellor for Administration and Finance

University of Wisconsin-La Crosse

1725 State Street

La Crosse, WI 54601

with a copy to: De Anne Otto

Purchasing Director

University of Wisconsin-La Crosse

1725 State Street

La Crosse, WI 54601

Protesters should make their protests as specific as possible and should identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated.

The complete protest must be received by the Vice Chancellor and the Purchasing Director no later than ten working days after the date the intent to award is issued. The protest must be in writing. Protesters must make their protests as specific as possible and must identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated.

The decision of the University regarding the protest may be appealed to the Secretary of the Department of Administration within five working days of the issuance, with a copy of such appeal filed with the procuring agency, and provided the appeal alleges a violation of a statute or a provision of a Wisconsin Administrative Code.

Section #3: Performance and Contract Requirements

3.1 Contract Terms and Conditions

A contract will be awarded based on the criteria established in this RFB. The terms and conditions of the contract will minimally contain:

1. The minimum contract requirements identified in this Section #3.

2. The bidder’s commitments identified in their responses to Section #4.

3. The Standard Terms and Conditions for State of Wisconsin as provided in Attachment C and the Supplemental Terms and Conditions for Procurement for Services as provided in Attachment D.

3.1.4 Any finally negotiated terms and conditions.

3.2 Scope

See Project Scope Description (Attachment A)

3.3 Payment Terms

The University will pay the Contractor net 30 days and as accepted by the University.

3.4 Parties to the Contract

The contract shall be between the Board of Regents of the University of Wisconsin System doing business as the University of Wisconsin-La Crosse, hereafter referred to as the "University," and the successful bidder, hereafter referred to as the "contractor," for the provision of Motor Coach Service according to the terms set forth herein. The Purchasing Director, UW-La Crosse, shall be the representative of the University responsible for the administration of the contract and referred to herein as "the appropriate campus authority."

3.5 Contract Commencement/Term of Contract

It is the University’s expectation to commence the resulting contract on or about September 1, 2011.

The contract shall be effective on the date indicated in the letter of award and shall run for one (1) year from that date, with an option of the University, and by mutual agreement of the University and contractor, to renew for four (4) additional one-year periods, subject to the University's availability of funds. The contract may run for a period of five (5) years. This contract shall automatically be extended into its second (2nd), third (3rd), fourth (4th), and fifth (5th) years unless either the University or the contractor notifies the other, in writing, by certified or registered mail, at least ninety (90) calendar days prior to expiration of the initial or a succeeding contract period of intent not to renew.

3.6 Contract Termination

The University may discontinue this contract, in whole or in part, without penalty at any time due to non-availability of funds.

The University may cancel this contract for breach, as determined by the University, which shall consider such items as, but not limited to: insufficient insurance coverage, evidence of financial insolvency, failure to enforce required standards of sanitation, significant failure to meet travel schedules, or unsatisfactory service quality. This may include any cessation or diminution of service including but not limited to failure to maintain adequate personnel, whether arising from labor disputes, or otherwise any substantial change in ownership or proprietorship of the contractor which in the opinion of the University is not in its best interest or failure to comply with the terms of the contract.

The University shall provide ten (10) calendar days written notice of contract breach and unless within ten (10) calendar days such neglect has ceased and arrangements made to correct, the University may cancel the contract by giving sixty (60) days notice in writing by registered or certified mail of its intention to cancel this contract.

Should the University breach any terms or provisions of this contract, the contractor shall serve written notice on the University setting forth the alleged breach and demanding compliance with the contract. Unless within ten (10) calendar days after receiving such notice, the allegation shall be contested or such breach shall cease and arrangements be made for corrections, the contractor may cancel the contract by giving sixty (60) days notice, in writing, by registered or certified mail of its intention to cancel this contract.

All notices of performance failure shall be submitted in writing to Purchasing Services, 1725 State Street, La Crosse, WI 54601. Purchasing will be the final authority for all grievances filed.

3.7 Subcontractors

3.7.1 Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any other Contractor without prior written approval by Purchasing. Should such approval be granted, the contractor will possess automobile liability for hired and non-owned coaches in the amounts listed in paragraph 2.9.1 and will provide certification of such to UW-L Purchasing Services. Any sub-contracting or assignment without prior, written authority could result in immediate cancellation of this contract, without notice.

3.7.2 The Contractor 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

3.7.3 Subcontractors must abide by all terms and conditions under this Contract.

3.7.4 If subcontractors are to be used, the Contractor must clearly explain their participation.

3.8 Insurance

The contractor shall bear the full and complete responsibility for all risk of damage or loss of equipment, products or money resulting from any cause whatsoever and shall not penalize the University for any losses incurred related to this contract.

3.8.1 Coverage and Minimum Limits

Coverage Minimum Limits

Workers Compensations Statutory

Employer’s Liability $100,000/$500,000/$100,000

Commercial General Liability $1,000,000

General Aggregate incl. Prdt $1,000,000

Each Occurrence $1,000,000

Automobile Liability (inc. Hired and non-owned)

Combined Single Limit $2,000,000

Automobile Liablility – inter-state and outside Wisconsin

Combined Single Limit $5,000,000

3.8.2 Upon notification of award and prior to issuance of a contract, the contractor shall provide the University a Certificate of Insurance with the required kinds and limits of insurance issued by an insurance company licensed to do business in the State of Wisconsin and possessing an A.M. Best rating of at least A- (Excellent) and signed by an authorized agent of that insurance company. The University of Wisconsin-La Crosse shall be named as an "additional insured" on the Certificate of Insurance.

3.8.3 Commercial General Liability includes, but is not limited to, consumption or use of products, existence of equipment or machines on location, and contractual obligations to customers. The contractor shall bear the full and complete responsibility for all risk of loss of premises, or damage to equipment, products or money resulting from any cause including that of sub-contractors and shall not penalize the University for any losses incurred related to this contract.

3.8.4 These policies shall contain a covenant requiring sixty (60) days written notice by the insurer to UW-La Crosse Purchasing Services, 1725 State Street, La Crosse, WI 54601, before cancellation, reduction or other modifications of coverage. The insurance certificate shall be for the initial contract period of one (1) year and shall be extended by the contractor for each subsequent renewal period of the contract.

3.8.5 In the event of non-renewal, cancellation or expiration, the contractor shall provide the University evidence of the new source(s) of required insurance within twenty-one (21) calendar days after the University's receipt of the sixty (60) day notice. Failure to maintain the required insurance in force may be cause for immediate contract termination.

3.8.6 In the event the contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to cancel and terminate the contract without notice. The contractor shall advise each insuring agency to automatically renew all policies and coverage in force at the start of and resulting from this contract until specified coverage requirements are revised.

3.8.7 The contractor agrees to indemnify, defend and hold harmless the Board of Regents of the University of Wisconsin System, its officers, employees and agents from and against any and all claims, losses, liability, costs or expenses (hereinafter collectively referred to as "claims") occurring in connection with or in anyway incidental to or arising out of the occupancy, use, service, operations or performance of work in connection with this contract, but only to the extent that such claims are caused by the negligence, misconduct or other fault of the contractor, its agents, employees, subcontractors or contractors.

3.9 Executed Contract to Constitute Entire Contract

The University's Request for bid, the bid responses, written communications and this Contract constitute the entire Contract between the parties. The hierarchy of documents in descending order for resolution is as follows:

A. Official Purchase Order or Contract

B. Request for bid Number UWL-710, dated 4/14/2011, amendments/attachments

C. Standard Terms & Conditions for State of Wisconsin Printing

D. Supplemental Terms & Conditions for Procurements for Services

D. Response received

E. Written communications

Any conflict in terms shall be governed by the highest listed document.

Section #4: Requirements of All BIDS

NOTE: Failure to respond to all items in this section may be deemed as sufficient reason to reject any bid.

4.1 Bidders must complete the RFB Checklist and Submittal Page in Section #5 of this RFB, and sign in ink.

4.2 Bidders must complete and submit their bid on the enclosed Bid Submittal Form (ATTACHMENT B). Bidders must submit the cost per mile for each bus type on the bid form. Prices listed should be in US dollars unless otherwise indicated. Bidder(s) may reference any attachments giving further price breakdown if necessary. All bids must conform in every respect to the Bid Documents and all applicable spaces shall be filled in. Failure to fill in all applicable spaces can be grounds for rejections of bid.

4.3 Bidders must complete a written response to items 6.3.1 through 6.3.8 of Attachment A

4.3 Bidder must provide contact information for the following:

| |NAME |PHONE NUMBER |FAX NUMBER |

|Contract / |_________________ |_______________ | |

|Cancellation/Problems | | | |

|Invoice Information |_________________ |_______________ |_____________ |

| | | | |

|AFFIRMATIVE ACTION: | |PHONE NUMBER |FAX NUMBER |

|Contact Name: |__________________________ |_______________ |_____________ |

|Address: |__________________________ | | |

| |__________________________ | | |

| |__________________________ | | |

| |__________________________ | | |

Section #5: RFB Checklist and Submittal Page

5.1 Bidder has responded to all items in Section # 4,” Requirements of All BIDS”. ___________(Initial)

5.2 In accordance with Wisconsin Statutes 16.75(3m), 16.752 and 560.035(1)(c), (see website: please indicate if you are a Wisconsin Certified minority business, sheltered workshop center or woman owned business:

____ Minority (MBE) ____Sheltered Workshop ____ Woman Owned Business (WBE) ____ Not applicable

(If no answer is indicated on the above, we will assume you are none of the above when making the award)

5.3 Pursuant to Public Law 95-507, indicate which of the following classifications apply to your organization. All vendors are considered Large Business unless otherwise indicated (see website: ). (Check √ all that apply.)

____________ LARGE BUSINESS (LG)

____________ SMALL BUSINESS (SB)

____________ VETERAN OWNED SMALL BUSINESS (VOSB)

____________ SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB)

____________ HISTORICALLY UNDER UTILIZED BUSINESS ZONE (HUBZONE)

____________ SMALL DISADVANTAGED BUSINESS (SDB)

____________ WOMAN-OWNED SMALL BUSINESS (WOSB)

5.4 In preparing this RFB, this bidder has not been assisted by any current or former employee of the State of Wisconsin whose duties relate to this RFB and who was assisting in other than his or her official capacity. Neither does such a person or any member of his or her immediate family have any financial interest in the outcome of this RFB. ____________(Initial)

5.5 AMERICAN MADE: Wisconsin Statutes 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. “Substantially equal” means when bids are tied or bid scores are equal. Indicate whether the material covered in your 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

5.6 Bidder agrees to make the terms of the resulting contract available on a convenience use basis for other state agencies located on or off-campus.

____________ YES ____________ NO

5.7 Contract Administration

Any correspondence, price lists or other documents must include reference to Contract number UWL-712 and be sent to the Purchasing Director. The Contract Administrators are authorized to give the approval required under this contract on behalf of the University.

A. University

The Contract Administrator for the University is:

De Anne Otto

Purchasing Director

Budget and Finance

University of Wisconsin-La Crosse

1725 State Street

La Crosse, WI 54601

B. Contractor

Contractor must provide knowledgeable individuals, acceptable to the University, who will provide the following administrative support functions:

The Contract Administrator for the Contractor who is authorized to give the approvals required under this Contract is:

__________________________________________________________________________

Name

__________________________________________________________________________

Company Name

__________________________________________________________________________

Company Address

______________________ ____________________

Telephone Fax Number

__________________________________________________________________________

E-Mail

C.Debarment

The bidder certifies by submission of the bid that neither it 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. ___________ (Initial)

In signing this bid, we have read and fully understand and agree to all terms, conditions and specifications and acknowledge that the University of Wisconsin-La Crosse bid document on file shall be controlling. We certify that we have not, either directly or indirectly, entered into any contract 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 stated statement is accurate under penalty of perjury.

_____________________________________________________________________________

Name and Title of Signing Officer (print)

_____________________________________________________________________________

Company Name and Address

______________________ ____________________ __________________

Telephone Fax Number Tax I.D. Number

_____________________________________________________________________________

Signature Date

ATTACHMENT A: PROJECT SCOPE DESCRIPTION/SPECIFICATIONS

1.0 Scope

The University of Wisconsin-La Crosse desires to contract for Motor Coach Service for all of its campus-related trips, on a multi-vendor basis. This will include intra-state and inter-state transport of athletic teams, classes, and special activities, many with extended stays or layovers. The motor coach contractor must be capable of supporting multiple trips at one time and typical UW-La Crosse itineraries (Exhibit 1). UW-La Crosse requires motor coaches that are safe and modern, with effective climate control, comfort, wireless internet availability and DVD/TV entertainment. Punctuality and motor coach availability are vitally important, as athletic teams must not be late or absent from scheduled events. State of Wisconsin Standard Terms and Conditions (DOA-3054) will apply to this request for bid and any subsequent contract for Motor Coach Service.

2.0 General Information

2.1 It is specifically understood and agreed that such items relative to Motor Coach Service which are not herein covered may be added to this bid and resulting contract by the University without voiding in any manner the provisions of the existing contract. Such additional coverage shall be furnished the University by the contractor with such additional consideration as is necessary to make it legally enforceable. It is the University’s intent to acquire the Motor Coach Service exclusively from the awarded contractors. A multi-vendor award may be made, however, under the conditions described in paragraphs 2.1 and 4.2.

2.2 With recognition that the successful performance of this contract is dependent on favorable response from the users, the contractor shall meet regularly with the appropriate campus authority to effect adjustments in operations and shall cooperate at all times to maintain maximum efficiency and good public relations with students, faculty, and staff.

2.3 After the initial contract year, the parties, upon mutual agreement, may adjust the specific terms of this contract where circumstances beyond the control of either party require adjustments. The terms shall not be renegotiated to the disadvantage of the University. All required contract amendment(s) shall be issued by UW-La Crosse Purchasing Services. At each contract anniversary, the contractor may, with the mutual agreement of the University, propose rate changes to reflect changes in operating costs. Any such changes must be reasonable and justifiable, preferably related to an established index, e.g., Consumer Price Index.

2.4 The contractor shall be financially responsible for obtaining all required permits, licenses, and bonding to comply with pertinent Board of Regents and University of Wisconsin System regulations and municipal, county, state, and federal laws, and shall assume liability for all applicable taxes including but not restricted to sales and property.

2.5 The University shall have the right of inspection of all motor coach vehicles and their operators with respect to the quality and quantity of Motor Coach Service, the method of service, safety, and sanitation, and maintenance, all of which shall be maintained at a level satisfactory to the University. The University shall have the right to make, from time to time, reasonable regulations with regard to such matters, and the contractor agrees to comply with such regulations. Authorized representatives of the University shall have the full right of access to all areas of said premises at any and all times.

2.6 The University shall determine that which is in the University's best interest regarding all such matters of Motor Coach Service.

2.7 When appropriate, The University shall advise the contractor of campus functions that require additional Motor Coach Service to maximize service and revenue potential. Athletic tournaments, large conferences, and department sponsored activities are examples of such functions.

3.0 Personnel, Employment Practices, and Staffing

3.1 Personnel relations of employees on the contractor's payroll shall be the contractor's responsibility. The contractor shall comply with all applicable government regulations related to the employment, compensation, and payment of personnel.

3.2 The contractor shall at all times maintain on duty for the University an adequate staff of employees for efficient operation. The contractor shall provide headquarters management staff, made known to the University by name, to routinely review and inspect operations, fill staff vacancies if necessary, consult with the University on current and future Motor Coach Service programs, and to act with full authority on the contractor’s behalf in any and all matters pertaining to this contract’s specifications.

3.3 Contractor personnel shall observe all University regulations. Failure to do so may be grounds for dismissal. Dismissed contractor employees shall not be transferable to another University of Wisconsin System campus or facility serviced by the contractor.

4.0 Motor Coach Service Specifications

4.1 For the purpose of this contract, a motor coach or coach-type bus shall be defined as a long-range, highway touring bus. It is not a school bus such as that used by school districts to transport students to and from school, and which is commonly called a " yellow school bus."

4.2 UW-L will have requirements for various sized motor coaches to accommodate groups as small as ten to fifteen people or as large as ninety or more. A contractor for Motor Coach Service shall have a variety of coach sizes to match the various size groups, so as to be efficient and economical for the University. For example, it would be appropriate for a contractor to have coaches smaller than 47 passengers in order to accommodate the smaller groups. Failure to have coaches in sizes to accommodate these needs will not necessarily exclude a bidder from contract consideration. See paragraph 2.1, Basis of Bid Evaluation.

4.3 The contractor shall furnish all coaches, drivers, fuel, maintenance, and materials necessary to provide motor coach service as required by UW-L for the term of this contract. The service may be required on any day of the week, and more than one coach may be required on the same day at the same time. The contractor must have sufficient fleet depth to accommodate simultaneous requirements and to compensate for mechanical breakdowns.

4.4 Layover time at destination sites may be as much as seventy-two (72) hours. UW-L will not be responsible for arranging food and housing for drivers during such layovers, though such accommodations will be made by the University whenever possible or practicable.

4.5 All trip mileage charges shall begin and end on the UW-L campus unless other arrangements are mutually agreed upon by the contractor and by the appropriate campus authority. "Deadhead" charges to and from the UW-L campus will not normally be allowed for this contract.

4.6 The contractor shall, provide a detailed quotation including all expected costs for the requested trip to include: mileage and/or daily costs, departure dates and times, destinations and fuel surcharge. It is understood that some unexpected expenses could occur in the course of the trip due to alterations in the schedule, etc.

4.7 The University will attempt to provide the contractor a minimum of five (5) working days notice of an upcoming trip requirement and shall at that time advise the contractor of the destination, departure date and time, return date and time, number of passengers to be transported, coach size desired, and a destination itinerary if transport is required at the destination. The contractor will attempt in good faith to meet requirements for which less than five working days notice is provided. Notice is defined to mean delivery to the contractor by hand, facsimile, or mail a coach request in a format determined or provided by the contractor. Telephonic notification may be accepted by the contractor at the contractor’s discretion.

4.8 At all times, an official state purchase order or purchase order number will be provided to the contractor prior to the trip’s start. The contractor will not begin the trip without having received either a purchase order or a purchase order number. Failure to obtain a purchase order could result in non-payment of the trip by the University.

4.9 All motor coach vehicles shall be equipped in accordance with all applicable state regulations and safety standards, and all drivers shall be properly licensed for intra-and inter-state driving. Drivers shall have prior knowledge of the trip itinerary. All Federal Motor Carrier Safety Commission regulations shall be obeyed by the contractor.

4.10 All motor coaches shall be equipped to modern standards of service for long-distance travel, to include heating and air-conditioning, restrooms if forty-seven (47) passenger or greater, AM/FM stereo radios, wireless internet and televisions and movie players (DVD or VCR). All motor coaches shall be seasonally equipped and serviced for passenger comfort and reliability, particularly during temperature extremes. Drivers shall be knowledgeable of preventive measures to keep inclement weather from adversely affecting trip schedules.

4.11 The University reserves the right to inspect all vehicles used in executing this contract. Such inspection may include a review of state required maintenance records, safety equipment, tires, glass, general appearance and cleanliness, and any other area than could affect the safety and comfort of the passengers.

4.12 The University will make an evaluation form available to each trip director to be completed at the trip’s finish. A copy of the completed evaluation form will be provided to the contractor by UW-La Crosse Purchasing Services, 1725 State Street, La Crosse, WI 54601, upon request. The evaluation form will be designed by the University to allow the trip director to rate and comment on the following areas at a minimum: Overall satisfaction, coach and driver promptness, coach cleanliness, coach mechanical condition, driver knowledge and professionalism, and driver safety.

4.13 The deadhead mileage rate on the bid submittal form (Attachment B) would only apply in cases where it is determined that layover charges would exceed deadhead charges.

5.0 Accounting and Payments

5.1 Accounting

5.1.1 The contractor shall maintain complete and accurate records in accordance with accepted industry accounting practices, and shall keep in a safe place all such financial records, invoices and other records pertaining to motor coach operations at the University for a period of three (3) years from the close of each year's operation.

5.1.2 The contractor’s route mileage/daily charge per coach and employee time records shall be used as the basis to compute charges to The University. These records shall not be co-mingled with other non-University mileage or time records. These records shall be kept for each trip and indicate departure and return date and time, destination, layover time, driver, and passenger numbers.

5.1.3 All records pertaining to the operations of this Motor Coach Service shall be open for inspection and/or audit by the State of Wisconsin or UW-La Crosse at any or all reasonable times.

5.2 Payments

5.2.1 The contractor shall invoice the University per trip. The invoices shall reference the applicable purchase order(s) by number, state the miles traveled, be at the rates specified per bid submittal and accompanied by a detailed explanation of each type of service and labor charge. Fuel surcharges will be separately noted on the invoices. Causes of abnormal charges will be explained on the invoices.

5.2.2 Invoices shall be submitted to Accounts Payable, UW-La Crosse, 1725 State Street, La Crosse, WI 54601 and are required to be itemized. Standard terms are Net 30.

5.2.3 All other correspondence shall be sent to Purchasing Services at the University of Wisconsin-La Crosse.

5.3 Upon request of the University, the contractor shall meet with the University and review invoices, explain deviations, discuss problems, and mutually agree on courses of action to improve the results of the required services included in the contract.

6.0 BIDDER'S QUALIFICATIONS AND INFORMATION

6.1 This Request For Bid shall require complete data from each bidder to enable the University to determine which bidders are qualified according to the criteria in this contract. Bidders shall furnish complete descriptions of their capabilities in the field of Motor Coach Service.

Award shall be made on the basis of the lowest lot totals from responsive and responsible bidders that are judged to be in the best interests of the University of Wisconsin-La Crosse. Life cycle cost methods, extended warranty, and timeliness of delivery may be used in the evaluation of bids.

Responsive Bidder: Provides all information and materials requested.

Responsible Bidder: Demonstrates ability to satisfy required specifications.

Failure in either of these two areas will be cause to reject a bid.

The terms "should," "shall,", and "will" indicate mandatory requirements and specifications for purposes of determining a responsible bid.

Representatives from the University reserve the right to inspect the bidder's facilities and other operations under the contractor’s management prior to award of this bid.

6.2 Bidders shall provide a written response to all of the following bidder's information (paragraphs 6.2.1 through 6.2.8). Each response shall be numbered to coincide with the bidder's information numbering and presented in the sequence listed. The bidder's information shall be prepared simply and economically, providing straightforward, concise information and descriptions as required. Emphasis should be on completeness and clarity of content.

Required Information. Omission, inaccuracy or misstatement may be sufficient cause for rejection of bid:

6.2.1 Name and address of operating company.

6.2.2 Duration (years) and extent of experience in the operation of a Motor Coach Service, particularly in the UW-La Crosse vicinity.

6.2.3 Provide a description of at least three other operations in which you provide Motor Coach Service similar to that which will be provided to UW-La Crosse. Include length of time with the account and an account contact person’s name and telephone number. UW-La Crosse may also conduct independent reference checks and employ them in evaluating bidder responsibility.

6.2.4 Financial capacity of the contractor must be sufficient to support the specified service. Provide a complete balance sheet or annual report as of the last previous fiscal year of operation. Certified Public Accountant certification may be required.

6.2.5 The bidder's response must clearly demonstrate the capacity to handle the requirements of this contract in addition to current workload. Provide a fleet listing with the following minimum information for each vehicle: date of manufacture, passenger capacity, and special features (restroom, A/C and heat, DVD, TV, etc.). Indicate the bidder’s average daily commitment during the months of September 2000 through May 2001. Note: If the bidder has operations in multiple locations, do not provide the sum fleet total for all of those locations. Provide information only for the fleet that would be considered available within the UW-La Crosse vicinity.

6.2.6 Provide a description of the bidder’s preventive maintenance program, including replacement policy for worn or defective equipment. Include a description of how the bidder deals with breakdowns on the road or at destination sites away from the home facility. Provide a description of the bidder's maintenance facility and maintenance staffing.

6.2.7 Provide a description of the accounting and invoice procedures to be used to comply with the contract specifications. Include sample forms.

6.2.8 Fuel Surcharge Calculation. The US commercial carrier industry typically establishes a baseline or benchmark price for fuel from which it determines an applicable fuel surcharge. Usually this baseline is $1.10 per gallon. The fuel surcharge is then calculated by subtracting the baseline amount from the actual cost per gallon of fuel (or a regional cost published weekly by the Department of Energy) and dividing the difference by the vehicle's average miles per gallon of fuel. The result is multiplied by the trip miles to determine the fuel surcharge to be applied to the trip.

Describe how the bidder calculates a fuel surcharge. Include the baseline price per gallon used in the calculation and the percentage or fraction of the fuel cost above the baseline that is added per mile driven. As an example, provide the average amount per mile driven that the bidder charged its customers during the months of February, March, and April 2006 and show how this was calculated. These figures may be used in conjunction with Section 7 proposals to determine lowest cost bidders.

6.3 After bid submission the University may request supplementary information as necessary, in the University’s opinion, to assure that the bidder's competence, business organization, and financial

Exhibit #1 Prior Year’s Trips

|Date |Trip Information |

|7/31/09 | MADISON, WI 54 PASSENGER |

|7/17/09 | MINNEAPOLIS, MN 54 PASENGER |

|unknown |TRAVEL TO HARMONY., MN (AMISH AND NIAGARA CAVE) - 54 PASSENGER |

|7/19/09 |TO MILWAUKEE-36 PASSENGER DELUXE BUS |

|7/24/09 | TO MILWAUKEE -36 PASSENGER DELUXE BUS |

|7/26/09 |TO SILVER CITY, MI AND LAC DU FLAMBEAU - PER QUOTE, |

|7/26/09 |TO CHICAGO RETURN ON 7/30/09--COACH BUS |

|9/12/09 |LOCAL TRANSPORATION OF ESL STUDENTS--72 PASSENGER S |

|08/28/09 |LOCAL BUS SERVICE FOR NEW FACULTY ORIENTATION TOUR |

|8/27/09 |TO ST. MARYS UNIVERSITY WINONA MN. |

|9/19/09 |UW SUPERIOR, SUPERIOR, WI |

|9/23/09 |CARLETON COLLEGE, NORTHFIELD,MN |

|9/30/09 |LORAS COLLEGE DUBUQUE, IA |

|10/06/09 | WARTBURG COLLEGE, WAVERLY, IA |

|10/28/09 | CARROLL UNIVERSITY, WAUKESHA, WI |

|8/27/09 |ST. OLAF NORTHFIELD, MN |

|9/11/09 |WARTBURG COLLEGE, WAVERLY, IA |

|9/18/09 | UW SUPERIOR/ UW EAU CLAIRE -RETURN 9/19/09 6:00PM |

|9/25/09 |UW-WHITEWATER. WHITEWATER, WI RETURN 9/26/09 8:00P |

|9/30/09 |UW WHITEWATER, WHITEWATER, WI LOAD |

|8/25/09 |TO La CROSSE AIRPORT - 72 PASSENGER |

|8/26/09 |TO La CORSSE AIRPORT 72 PASSENGER |

|8/27/09 |TO La CROSSE AIRPORT - 72 PASSENGER |

|8/28/09 |TO La CROSSE AIRPORT 72 PASSENGER |

|8/30/09 |TO La CROSSE VALLEYVIEW MALL AREA 72 PASSENGER |

|8/30/09 |TO LAcROSSE SOUTHSIDE WALMART 72 PASSENGER |

|8/30/09 |TO La CROSSE NORTHSIDE SHOPKO 72 PASSENGER |

|09/04/09 |TO AIRPORT MINNEAPOLIS MN 2-47 PASSENGER BUSES: DE |

|9/5/09 |DEADHEAD TO MINNEAPOLIS, MN AIRPORT PICK UP TEAM |

|9/12/09 | LUTHER COLLEGE, DECORAH IOWA |

|9/19/09 | TO UW WHITEWATER, WHITEWATER, WI |

|9/26/09 | LES BOHLS GOLF COURSE, MINNEAPOLIS, MN |

|10/10/09 |TO WARTBURG COLLEGE, WAVERLY, IA |

|10/23/09 | TO UWEC-LAKE WISOTA STATE PARK, CHIPPEWA FALLS, |

|10/31/09 | TO UW WHITEWATER, WHITEWATER, WI |

|9/19/09 | UW WHITEWATER, WHITEWATER, WI |

|10/10/09 | WARTBURG, WAVERLY, IA |

|10/31/09 | UW WHITEWATER, WHITEWATER, WI |

|10/02/09 | WINONA STATE, WINONA, WI 48 PASSENGER SCHOOL BUS |

|11/13/09 | UW STEVENS POINT, STEVENS POINT, WI |

|11/21/09 | AUGSBURG, MINNEAPOLIS, MN |

|1/02/10 | , CORNELL COLLEGE, MT. VERNON, IA |

|Various dates |MONDAYS TO NORWALK, X 9 TRIPS |

|Various dates |TUESDAYS (LOCAL-EMERSON SCHOOL) X 2 BUSES X 10 DATES |

|Various dates |WEDNESDAY (HOLMEN) X 7 DATES |

|10/02/09 | PASSENGER BUS - LEADERSHIP DEVELOPMENT WEEKEND, U |

|10/04/09 | PASSENGER BUS - LEADERSHIP DEVELOPMENT WEEKEND - |

|11/06/09 | LOCAL TRANSPORTATION--72 PASSENGER |

|11/06/09 | LOCAL TRANSPORTATION--72 PASSENGER |

|11/02/09 | WINONA STATE-WINONA,MN |

|11/18/09 | ST. MARY'S UNIVERSITY, WINONA, MN |

|12/09/09 | UW STOUT, MENOMONIE FALLS,, WI |

|2/17/09 | UW RIVER FALLS--RIVER FALLS, WI |

|11/10/09 | ST. MARY'S UNIVERSITY, WINONA, MN |

|11/20/09 | , RETURN 11/22/09 ST. NORBERT COLLEGE, DEPERE, W |

|1/13/10 |UW RIVER FALLS, RIVER FALLS, WI |

|1/27/10 | UW STOUT, MENOMONIE, WI |

|1/9/10 |UW STEVENS POINT, STEVENS POINT, WI |

|11/7/09 | ST. OLAF/CARLETON, NORTHFIELD, MN |

|12/3/09 |UNIVERSITY OF MINNESOTA, MINNEAPOLIS, MN |

|12/12/09 | UW EAU CLAIRE, EAU CLAIRE, WI |

|01/21/10 |1/21/10, RETURN: 1/23/10 UW STEVENS POINT, STEVENS POINT, WI |

|1/30/10 | UW STEVENS POINT, WI |

|2/10/10 |2/10/10 AND 2/13/10 ROUND TRIPS TO MINNEAPOLIS, MN. |

|01/23/10 |1/23/10, RETURN 1/24/10 ILLINOIS STATE, BLOOMINGTON/NORMAL, IL |

|2/28/10 | HAMINE UNIV., SAINT PAUL, MN |

|11/18/09 | UW-WHITEWATER, WHITEWATER, WI - 47 PASSENGER BU |

|1/30/10 | MINN. STATE - MANKATO, MN - 47 PASSENGER |

|2/5/10 |WARTBURG COLLEGE, WAVERLY, IA - 55 PASSENGER |

|04/03/10 |ARTBURG COLLEGE, WAVERLY, IA 55 PASSENGER |

|5/7/10 | UW-RF, RIVER FALLS, WI 55 PASSENGER |

|11/21/09 | TO BLOOMINGTON, MN - MALL OF AMERICA - |

|11/19/09 | TO AIRPORT, LA CROSSE, 72 PASSENGER SCHOOL BUS |

|11/21/09 | LOCAL TRANSPORTATION 72 PASSENGER SCHOOL BUS |

|3/13/10 |TO O'HARE AIRPORT--CHICAGO, IL |

|3/21/10 |FROM OHARE AIRORT-CHICAGO, IL BACK TO La CROSSE |

|12/11/09 | TO MADISON 47 PASSENGER BUS |

|03/18/10 | RETURN 3/20/10 METRODOME, MINNEAPOLIS, MN - 4 |

|3/27/10 | METRODOME, MINNEAPOLIS, MN 47 PASSENGER BUS |

|3/30/09 | METRODOME, MINNEAPOLIS, MN 47 PASSENGER BUS |

|4/7/10 |UW-STOUT, MENOMONIE, WI 47 PASSENGER |

| 4/9/10 | ST. MARY'S UNIV, WINONA, MN 72 PASSENGER SCHOOL |

|4/14/10 |UW-STOUT, MENOMONIE, WI 47 PASSENGER |

|4/23/10 |, RETURN: 4/25/10 UW-SUPERIOR, SUPERIOR, WI 47 P |

|05/01/10 | RETURN 5/2/10 UW-STEVENS POINT, WI 47 PASSSENGE |

|unknown |BUS SERVICE (ROUND TRIP) FOR NEW INTERNATIONAL STUDENTS TO PURCHASE SUPPLIES FOR SCHOOL--LOCAL SERVICE |

|2/12/10 |LOCAL TRANSPORTATION--72 PASSENGER BUS |

|Various dates |PRECOLLEGE TRIPS MONDAYS TO NORWALK |

|Various dates |TUESDAYS - LOCAL - EMERSON SCHOOL 2 BUSES |

|Various dates |WEDNESDAYS - HOLMEN X 9 DATES |

|Various dates |THURSDAYS - LOCAL - WIMBERLY X10 DATES |

|unknown |48 PASSENGER TO SPRINGFIELD, IL H340 PER THE ATTACHED - LIR TRIP FOR SEPTEMBER 7-10, 2010 |

|2/13/10 | MONMOUTH COLLEGE, MONMOUTH, IL 47 PASSENGER |

|05/07/10 |W RIVER FALLS, RIVER FALLS, WI 47 PASSENGER |

|05/08/10 |W RIVER FALLS, RIVER FALLS, WI 47 PASSENGER |

|2/26/10 |TO BLOOMINGTON, MN 2 EACH 72 PASSENGER BUSES |

|unknown |NGER BUS TO TAKE STUDENTS TO THE 2010 CHINESE NEW YEAR CELEBRATION AT LOGAN HIGH SCHOOL |

|02/11/10 | RETURN 2/13/10 TO CHICHAGO, IL 2-36 PASSENGER BU |

|03/03/10 |TO LA FARGE, WI 72 PASSENGER SCHOOL BUS |

|03/04/10 |TO La CROSSE AIRPORT |

|03/02/10 |LOCAL TRANSPORTATION 72 PASSENGER SCHOOL BUS |

|03/04/10 |LOCAL TRANSPORTATION--72 PASSENGER SCHOOL BUS |

|03/03/10 |TO HO-CHUNK NATION, BLACK RIVER FALLS |

|03/04/10 |TO DRIFTLESS FARM IN STODDARD, WISCONSIN 72 PASSE |

|02/26/10 |2/26/10, RETURN: 2/28/10 SUPERIOR DOME, MARQUETTE, MI |

|03/05/10 |3/5/10 , RETURN 3/6/10 AUGSBURG COLLEGE , MINNEAPOLIS, MN |

|4/10/10 | UW OSHKOSH, OSHKOSH, WISCONSIN |

|4/17/10 |4/17/10 , RETURN 4/18/10 UW STEVENS POINT, STEVENS POINT, WI |

|4/22/10 | UW STEVENS POINT, STEVENS POINT, WI |

|05/06/10 |5/6/10, RETURN: 5/8/10 UW OSHKOSH, OSHKOSH, WI |

|unknown |72 PAS. LOCAL BUS TRANSPORTATION FOR 16 STUDENTS TO VISIT GUNDERSEN-LUTHERAN MEDICAL CENTER |

|unknown |1 72 PAS. LOCAL BUS - LONGFELLOW MIDDLE SCHOOL FOR ESL 250 STUDENT SPEACHES PER THE ATTACHED |

|3/13/10 | TO FRONTIER AIRLINES, MINNEAPOLIS, MN DEADHEAD BACK TO LA CROSSE--47 PASSENGER |

|3/21/10 | DEADHEAD TO FRONTIER AIRLINES MINNEAPOLIS, MN , RETURN TO La CROSSE-- 47 PASSENGER |

|03/04/10 |TO MINNEAPOLIS, MN-- 2 - 56 PASSENGER BUSES |

|04/05/10 |TO UW-STEVENS POINT, STEVENS POINT, WI--72 PASSENGER BUS |

|3/24/10 | - MILWAUKEE AIRPORT, MILWAUKEE, WI - 47 PASSENGER |

|3/28/201 | - MILWAUKEE AIRPORT - DEADHEAD TO MKE AIRPORT - MILWAUKEE, WI - 47 PASSENGER |

|04/10/10 |-MILWAUKEE, WI--47 PASSENGER |

|4/15/10 | TO LA CROSSE AIRPORT-- 72 PASSENGER |

|4/18/10 | TO La CROSSE AIRPORT - 72 LOCAL |

|Various dates |TUESDAYS (LOCAL-EMERSON SCHOOL) X 2 BUSES X 10 DATES |

|4/3/10 | WARTBURG COLLEGE, WAVERLY, IA 55 PASSENGER |

|05/07/10 |5/7/10, RETURN 5/8/10 UW-RF, RIVER FALLS, WI 55 PASSENGER |

|04/07/10 |UW-STOUT, MENOMONIE, WI 47 PASSENGER |

|04/09/10 |ST. MARY'S UNIV, WINONA, MN 72 PASSENGER SCHOOL BUS |

|4/14/10 | UW-STOUT, MENOMONIE, WI 47 PASSENGER |

|4/23/10 | UW-SUPERIOR, SUPERIOR, WI 47 PASSENGER |

|05/01/10 |UW-STEVENS POINT, WI 47 PASSSENGER |

|05/07/10 |UW RIVER FALLS, RIVER FALLS, WI 47 PASSENGER |

|05/08/10 |UW RIVER FALLS, RIVER FALLS, WI 47 PASSENGER |

|5/12/10 | TO UW WHITEWATER 47 PASSENGER BUS |

|8/18/10 | TO MADISON |

|07/10/09 |BUS FOR UPWARD BOUND FIELD TRIP ON 7.10.09 PER THE ATTACHED: TO WINONA, MN 72 |

|7/0/09 |BUS FOR UPWARD BOUND FIELD TRIP ON 7.10.09 PER THE ATTACHED: TO WINONA, MN 72 |

|7/18/09 | TO WINONA, MN 47 PASSENGER MOTOR COACH |

|11/10/09 |: 47 PASSENGER MOTOR COACH (SWAN WATCH) - PER THE ATTACHED: TO BROWNSVILLE, MN |

|09/03/09 | 47 PASSENGER MOTOR COACH (CRANE FOUNDATION) IN BARABOO, WI |

|09/04/09 |ST. MARYS U - WINONA, MN |

|09/05/09 |ST MARYS U, WINONA, MN |

|10/08/09 | WASHINGTON U ST. LOUIS, MO |

|9/16/09 |UW-PLATTEVILLE, PLATTEVILLE, WI |

|10/03/09 | UW-EAU CLAIRE, EAU CLAIRE, WI |

|10/23/09 | UNIV OF CHICAGO, HYDE PARK, IL |

|unknown |BUS RENTAL TO TAKE IMPACT SUTDENTS TO CAMP PEPIN IN STOCKHOLM, WI ON 10/16/09 2 BUSES |

|unknown |BUS RENTAL TO RETURN STUDENT TO UWL FROM CAMP PEPIN IN STOCKHOLM, WI 10/18/09 2 BUSES |

|9/19/09 |TO GERMANTOWN, WI. |

|9/12/09 |TO LUTHER, DECORAH, IA |

|10/23/09 | TO LUTHER, DECORAH, IA |

|10/14/09 | UW PLATTEVILLE, PLATTEVILLE, WI 47 PASSENGER BUS |

|9/22/09 |LOCAL TRANSPORTATION--72 PASSENGER SCHOOL BUS (3 TRIPS) |

|10/01/09 | LOCAL TRANSPORTATION--72 PASSENGER SCHOOL BUS (3 TRIPS) |

|10/20/09 | -LOCAL TRANSPORTATION--72 PASSENGER BUS |

|11/10/09 | -LOCAL TRANSPORTATION--72 PASSENGER BUS |

|12/03/09 |--LOCAL TRANSPORTATION--72 PASSENGER SCHOOL BUS |

|9/26/09 |LOCAL TRANSPORTATION --5-45 PASSENGER SCHOOL BUSES |

|10/10/09 | UW PLATTEVILLE, PLATTEVILLE, WI, 2 BUSES |

|10/17/09 | UW RIVER FALLS, RIVER FALLS, WI, 2 BUSES |

|11/7/09 | UW EAU CLAIRE, EAU CLAIRE, WI, 2 BUSES |

|10/10/09 | TO La CROSSE AIRPORT (2 BUS) |

|10/17/09 | LOCAL TRANSPORTATION--72 PASSENGER SCHOOL BUS |

|10/30/09 | TO UW-MILWAUKEE, MILWAUKEE, WI |

|11/04/09 |: 31 PASSENGER MINI COACH TO METRODOME MINNEAPOLIS MN |

|11/2/09 |ROCHESTER CC, ROCHESTER, MN |

|12/2/09 |UW WHITEWATER, WHITEWATER, WI |

|2/10/10 |UW OSHKOSH, OSHKOSH, WI |

|11/28/09 | RETURN 11/29/09 DAKOTA WESLEYAN/GUSTAVUS, MITCHELL SD AND ST. PETER, MN |

|12/27/09 | , RETURN: 1/2/10 MARY HARDIN-BAYLOR, BELTON, TEXAS |

|1/20/10 |UW-OSHKOSH, OSHKOSH, WI |

|02/03/10 |W-WHITEWATER, WHITEWATER, WI |

|12/5/09 |UW-EAU CLAIRE, EAU CLAIRE, WI |

|12/5/09 |UW-EAU CLAIRE, EAU CLAIRE, WI |

|1/30/10 |UW PLATTEVILLE, PLATTEVILLE, WI |

|1/30/10 |UW PLATTEVILLE, PLATTEVILLE, WI |

|02/06/10 |W SUPERIOR, SUPERIOR, WI |

|02/06/10 |W SUPERIOR, SUPERIOR, WI |

|01/09/10 |O DEKALB, IL |

|1/16/10 | WILLIAMS CENTER, WHITEWATER, WI |

|2/12/10 |JOHNSON FH, MENOMONIE, WI |

|03/07/10 |USTAVUS, ST. PETER, MN |

|1/15/10 |UW-EC, EAU CLAIRE, WI |

|1/23/10 |UW STOUT, MENOMONIE, WI |

|1/30/10 | UW STOUT, MENOMONIE, WI |

|2/12/10 |ST. MARY'S UNIV, WINONA, MN |

|2/27/10 |UW-P - PLATTEVILLE, WI |

|03/05/10 |W-W - WHITEWATER, WI |

|04/09/10 |W-PLATTEVILLE, PLATTEVILLE, WI |

|4/24/10 |ST. MARYS UNIV - WINONA, MN |

|5/1/10 |WINONA STATE - WINONA, MN |

|3/12/10 |TO THE MINNEAPOLIS AIRPORT--MINNEAPOLIS, MN |

|3/20/10 |BUS RETURNING FROM MINNEAPOLIS AIRPORT |

|01/08/10 | TO MINNEAPOLIS AIRPORT |

|01/14/10 |PICK UPAT MINNEAPOLIS AIRPORT AND RETURN TO La CROSSE |

|5/10/10 |RED WING, MINNESOTA-- 55 PASSENGER MOTOR COACH |

|1/23/10 | JOHNSON FH, UW-STOUT, MENOMONIE, WI 55 PASSENGER |

|1/30/10 | JOHNSON FH, UW-STOUT, MENOMONIE, WI 47 PASSENGER BUS |

|1/30/10 | MANKATO STATE UNIVERSITY, MANKATO, MN 55 PASSENGER |

|4/14/10 |MINNEAPOLIS AIRPORT, MINNEAPOLIS, MN--47 PASSENGER BUS |

|4/17/10 |RETURN TRIP MINNEAPOLIS, MN TO UWL |

|02/06/10 |WARTBURG COLLEGE, WAVERLY, IA 55 PASSENGER |

|2/19/10 |UW MADISON SHELL, MADISON, WI 55 PASSENGER |

|2/27/10 |UW PLATTEVILLE, PLATTEVILLE, WI 55 PASSENGER |

|04/03/10 |WARTBURG COLLEGE, WAVERLY, IA 55 PASSENGER |

|04/09/10 |W PLATTEVILLE, WINONA, MN 55 PASSENGER |

|4/24/10 |ST. MARYS UNIVERSITY, WINONA, MN 47 PASSENGER |

|5/1/10 |WINONA STATE UNIVERSITY, WINONA, MN 55 PASSENGER |

|2/13/10 |MONMOUTH COLLEGE, MONMOUTH, IL (47 PASSENGER) |

|02/04/10 | 2 72 PAS. BUSES PICK UP AT 2:05PM AND 3:50PM LOCAL TRAVEL - |

|2/11/10 | 2 72 PAS. BUSES PICK UP AT 9:15AM AND 12:30PM LOCAL TRAVEL |

|2/25/10 | 2 72 PAS. BUSES PICK UP AT 2:05PM AND 3:50PM LOCAL TRAVEL |

|03/04/10 | 2 72 PAS. BUSES PICK UP AT 9:15AM AND 12:30PM LOCAL TRAVEL |

|03/04/10 | 2 72 PAS. BUSES PICK UP AT 2:05PM AND 3:50PM LOCAL TRAVEL |

|04/01/10 | PICK UP AT 2:05PM AND 3:50PM LOCAL TRAVEL |

|4/24/10 |1 BUS - PICK UP AT 10:00AM AND 5/01/10 PICK UP AT 10:00AM - DESTINATION TREMPEALEAU |

|2/12/10 |ST. MARY'S UNIVERSITY - WINONA, MN SCHOOL BUS |

|03/06/10 |47 PASSENGER MOTOR COACH FOR 03/06/10 TO MILWAUKEE ART MUSEUM |

|4/11/10 |ST MARY'S UNIVERSITY - WINONA, MN - 47 PASSENGER |

|03/06/10 |UW STEVENS POINT - STEVENS POINT, WI 47 PASSENGER BUS |

|3/10/10 | DEPAUW UNIVERSITY, GREEN CASTLE, INDIANA - 55 PASSENGER |

|04/16/10 |7/10 56 PAS.COACH BUS TO MADISON, |

|06/06/10 |45 PASSENGER SCHOOL BUS FOR LOCAL TRAVEL FOR JUNE 6-JUNE 9, 2010 |

|04/05/10 |LOCAL TRANSPORTATION--72 PASSENGER SCHOOL BUS |

|3/29/10 |LOCAL TRANSPORTATION--72 PASSENGER SCHOOL BUS |

|04/29/10 | RETURN 4/30/10 TO MILWAUKEE PUBLIC SCHOOLS-- 31 PASSENGER MINI COACH |

|04/09/10 |LAKE CITY, MN 47 PASSENGER BUS |

|unknown |MOTOR COACHES (60 STUDENTS) LOCAL TRAVEL FOR CONCERT CHOIR LOCAL TOURLEAVE UWL 8:30AM, - DRIVE TO LOGAN, CENTRAL AND|

| |HOLMEN HS'S - RETURN TO UWL: 2:30PM |

|4/22/10 | TO BYRON, MN--47 PASSENGER COACH |

|4/23/10 | TO SPARTA, WI--47 PASSENGER COACH |

|03/07/10 |GUSTAVUS, ST. PETER, MN |

|04/09/10 |UW-PLATTEVILLE, PLATTEVILLE, WI |

|4/24/10 | ST. MARYS UNIV - WINONA, MN |

|5/1/10 | WINONA STATE - WINONA, MN |

|5/10/10 | RED WING, MN--55 PASSENGER MOTOR COACH |

|4/14/10 | TO MINNEAPOLIS AIRPORT--47 PASSENGER BUS |

|4/17/10 | RETURN TRIP FROM MINNEAPOLIS AIRPORT |

|04/03/10 |WARTBURG COLLEGE, WAVERLY, IA 55 PASSENGER |

|04/09/10 |UW PLATTEVILLE, WINONA, MN 55 PASSENGER |

|4/24/10 | ST. MARYS UNIVERSITY, WINONA, MN 47 PASSENGER |

|05/01/10 |WINONA STATE UNIVERSITY, WINONA, MN 55 PASSENGER |

|05/07/10 |TO LANESBORO, MN --55 PASSENGER |

|7/24/10 | 47 PASSENGER MOTORCOACH TO WINONA MN |

|05/08/10 |TO La CROSSE AIRPORT--47 PASSENGER BUS |

|5/25/10 | TO MINNEAPOLIS AIRPORT- DEADHEAD BACK-- 47 PASSENGER |

|5/30/10 | RETUNR FRO MINNEAPOLIS AIRPORT TO LACROSSE-- 47 PASSENGER |

ATTACHMENT B: BID SUBMITTAL FORM FOR MOTOR COACH SERVICE

SUBJECT: Motor Coach Service for the University of Wisconsin - La Crosse

We, the undersigned, in compliance with the Request for Bid No. UWL-652 for Motor Coach Service dated June 18, 2001 hereby bid the following charges and rates to the University of Wisconsin - La Crosse for Motor Coach Service. In making this bid we acknowledge that we have read and understand this Request for Bid and hereby submit our bid in accordance with the terms and conditions of the bid specifications and agree to fulfill our legal obligations in accordance with the contract provisions.

7.1 Intra-State travel rates for service beyond a ten (10) mile radius of the University.

7.1.1 _____________ per mile for a coach carrying more than 47 passengers (Ex. 55).

7.1.2 _____________ per mile for a coach carrying 47 passengers.

7.1.3 _____________ per mile for a coach carrying 30 passengers.

7.1.4 _____________ per mile for a mini-coach carrying 24 passengers.

7.1.5 Hourly rate greater than 10 hours: ______________

7.2 Inter-State travel rates for service beyond a ten (10) mile radius of the University.

7.2.1 _____________ per mile for a coach carrying more than 47 passengers (Ex. 55).

7.2.2 _____________ per mile for a coach carrying 47 passengers.

7.2.3 _____________ per mile for a coach carrying 30 passengers.

7.2.4 _____________ per mile for a mini-coach carrying 24 passengers.

7.2.5 Hourly rate greater than 10 hours: ______________

Note: The above rates may be lower than ICC published tariff at time of bid.

7.3 Daily Flat Rate

7.3.1 47 passenger coach __________

7.3.2 55 passenger coach __________

7.3.3 30 passenger coach __________

7.3.4 24 passenger mini-coach ___________

7.4 Low-mileage travel rates for field trips or shuttle services.

7.4.1 Hourly rate per coach for _____hours minimum coach movement:

7.4.1.1 47 passenger coach __________

7.4.1.2 55 passenger coach __________

7.4.1.3 30 passenger coach __________

7.4.1.4 24 passenger mini-coach __________

7.4.2 _____________ per hour thereafter.

7.4.2.1 47 passenger coach __________

7.4.2.2 55 passenger coach __________

7.4.2.3 30 passenger coach

7.4.2.4 24 passenger mini-coach __________

7.5 Other Charges -- Services in addition to mileage rates.

7.5.1 Per mile deadhead charge. See paragraph 4.12.

7.5.1.1 47 passenger coach __________

7.5.1.2 55 passenger coach __________

7.4.1.3 30 passenger coach __________

7.4.1.4 24 passenger mini-coach __________

7.5.2 _____________ per driver overnight layover charge, excluding any room cost borne by the University.

7.5.3 List any additional charges below (Ex. fuel surcharge)

.

Other Comments:

Name ______________________________________________

Signature _______________________ Date _______________

Title _______________________________________________

Company ___________________________________________

Note: Contact De Anne Otto, Director of Purchasing Services, at (608) 785-8724 if there are questions about completing this form.

|State of Wisconsin |[pic] |Division of State Agency Services |

|Department of Administration | |State Bureau of Procurement |

|DOA-3333 (R03/2004) | | |

|Vendor Agreement |

|Wisconsin’s Cooperative Purchasing Service |

| |

|Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts. Participating in the service |

|gives vendors opportunities for additional sales without additional bidding. Municipalities use the service to expedite purchases. A "municipality" is defined as|

|any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district,|

|or any other public body having the authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may|

|participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis.Stats. |

| |

|Interested municipalities: |

| |

|will contact the contractor directly to place orders referencing the state agency contract number; and |

| |

|are responsible for receipt, acceptance, inspection of commodities directly from the contractor, and making payment directly to the contractor. |

| |

|The State of Wisconsin is not a party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these |

|purchases. |

| |

|The State of Wisconsin will determine the contractor’s participation by checking a box below. |

| |

|MANDATORY: Bidders/Proposers must agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. Vendors should note any special |

|conditions below. |

| |

|OPTIONAL: Bidders/Proposers may or may not agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. A vendor’s decision on |

|participating in this service has no effect on awarding this contract. |

| |

|A vendor in the service may specify minimum order sizes by volume or dollar amount, additional charges beyond normal delivery areas, or other minimal changes for |

|municipalities. |

| |

|Vendor: please check one of the following boxes in response. |

| |

|I Agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities with any special conditions noted below. |

| |

|I Do Not Agree to furnish the commodities or services to Wisconsin municipalities. |

|Special Conditions (if applicable): |

|      |

|Signature |Date (mm/dd/ccyy) |

| |      |

|Name (Type or Print) |Title |

|      |      |

|Company |Telephone |

|      |(     )       |

|Address (Street) |City |State |ZIP + 4 |

|      |      |      |      |

|Commodity/Service |Request for Bid/Proposal Number |

|      |      |

Attachment D: Standard Terms and Conditions

1.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The State of Wisconsin shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal.

2.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable.

3.0 QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the State of Wisconsin.

4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right to increase or decrease quantities to meet actual needs.

5.0 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified.

6.0 PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts.

6.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.

6.2 Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be submitted to the contracting agency thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the contractor which are demonstrated to be industrywide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements.

6.3 In determination of award, discounts for early payment will only be considered when all other conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30).

7.0 UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act.

8.0 ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the State of Wisconsin.

Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid/proposal is due. Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a bid/proposal by the purchasing office.

9.0 METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified.

10.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized.

11.0 PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified.

Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing.

A good faith dispute creates an exception to prompt payment.

12.0 TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below.

The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The State of Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials.

13.0 GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs.

14.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority.

15.0 APPLICABLE LAW AND COMPLIANCE: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. The State of Wisconsin also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts.

16.0 ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser). Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract.

17.0 ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the prior written consent of the State of Wisconsin.

18.0 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals.

19.0 NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities.

19.1 Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor has a workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is awarded, the contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency.

19.2 The contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law.

19.3 Failure to comply with the conditions of this clause may result in the contractor's becoming declared an "ineligible" contractor, termination of the contract, or withholding of payment.

20.0 PATENT INFRINGEMENT: The contractor selling to the State of Wisconsin the articles described herein guarantees the articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe any United States patent. The contractor covenants that it will at its own expense defend every suit which shall be brought against the State of Wisconsin (provided that such contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit.

21.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the State of Wisconsin must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards.

22.0 WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the contractor.

23.0 INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall:

23.1 Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work.

23.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage.

23.3 The state reserves the right to require higher or lower limits where warranted.

24.0 CANCELLATION: The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract.

25.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin.

26.0 PUBLIC RECORDS ACCESS: It is the intention of the state to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities.

Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract.

27.0 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request, must be clearly stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted. However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation.

27.1 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the property of the State of Wisconsin.

27.2 Any material submitted by the vendor in response to this request that the vendor considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary Information form (DOA-3027). Bidders/proposers may request the form if it is not part of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential.

28.0 DISCLOSURE: If a state public official (s. 19.42, Wis. Stats.), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123).

State classified and former employees and certain University of Wisconsin faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis. Stats.

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

30.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s).

31.0 PROMOTIONAL ADVERTISING / NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its departments, agencies or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the State of Wisconsin. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency.

32.0 HOLD HARMLESS: The contractor will indemnify and save harmless the State of Wisconsin and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the contractor, or of any of its contractors, in prosecuting work under this agreement.

33. 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. WORK CENTER PROGRAM: The successful bidder/proposer shall agree to implement processes that allow the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to purchase goods and services produced by work centers certified under the State Use Law, s.16.752, Wis. Stat. This shall result in requiring the successful bidder/proposer to include products provided by work centers in its catalog for State agencies and campuses or to block the sale of comparable items to State agencies and campuses.

35.0 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this Agreement in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party.

Attachment E: Supplemental Standard Terms and Conditions for Procurement of Services

1.0 ACCEPTANCE OF BID/PROPOSAL CONTENT: The contents of the bid/proposal of the successful contractor will become contractual obligations if procurement action ensues.

2.0 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: By signing this bid/proposal, the bidder/proposer certifies, and in the case of a joint bid/proposal, each party thereto certifies as to its own organization, that in connection with this procurement:

2.1 The prices in this bid/proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/proposer or with any competitor;

2.2 Unless otherwise required by law, the prices which have been quoted in this bid/proposal have not been knowingly disclosed by the bidder/proposer and will not knowingly be disclosed by the bidder/proposer prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other bidder/proposer or to any competitor; and

2.3 No attempt has been made or will be made by the bidder/proposer to induce any other person or firm to submit or not to submit a bid/proposal for the purpose of restricting competition.

2.4 Each person signing this bid/proposal certifies that: He/she is the person in the bidder's/proposer's organization responsible within that organization for the decision as to the prices being offered herein and that he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above; (or)

He/she is not the person in the bidder's/proposer's organization responsible within that organization for the decision as to the prices being offered herein, but that he/she has been authorized in writing to act as agent for the persons responsible for such decisions in certifying that such persons have not participated, and will not participate in any action contrary to 2.1 through 2.3 above, and as their agent does hereby so certify; and he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above.

3.0 DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP:

3.1 Prior to award of any contract, a potential contractor shall certify in writing to the procuring agency that no relationship exists between the potential contractor and the procuring or contracting agency that interferes with fair competition or is a conflict of interest, and no relationship exists between the contractor and another person or organization that constitutes a conflict of interest with respect to a state contract. The Department of Administration may waive this provision, in writing, if those activities of

the potential contractor will not be adverse to the interests of the state.

3.2 Contractors shall agree as part of the contract for services that during performance of the contract, the contractor will neither provide contractual services nor enter into any agreement to provide services to a person or organization that is regulated or funded by the contracting agency or has interests that are adverse to the contracting agency. The Department of Administration may waive this provision, in writing, if those activities of the contractor will not be adverse to the interests of the state.

4.0 DUAL EMPLOYMENT: Section 16.417, Wis. Stats., prohibits an individual who is a State of Wisconsin employee or who is retained as a contractor full-time by a State of Wisconsin agency from being retained as a contractor by the same or another State of Wisconsin agency where the individual receives more than $12,000 as compensation for the individual’s services during the same year. This prohibition does not apply to individuals who have full-time appointments for less than twelve (12) months during any period of time that is not included in the appointment. It does not include corporations or partnerships.

5.0 EMPLOYMENT: The contractor will not engage the services of any person or persons now employed by the State of Wisconsin, including any department, commission or board thereof, to provide services relating to this agreement without the written consent of the employing agency of such person or persons and of the contracting agency.

6.0 CONFLICT OF INTEREST: Private and non-profit corporations are bound by ss. 180.0831, 180.1911(1), and 181.0831 Wis. Stats., regarding conflicts of interests by directors in the conduct of state contracts.

7.0 RECORDKEEPING AND RECORD RETENTION: The contractor shall establish and maintain adequate records of all expenditures incurred under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, state and local ordinances.

The contracting agency shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents relating to any contract resulting from this bid/proposal held by the contractor. The contractor will retain all documents applicable to the contract for a period of not less than three (3) years after final payment is made.

8.0 INDEPENDENT CAPACITY OF CONTRACTOR: The parties hereto agree that the contractor, its officers, agents, and employees, in the performance of this agreement shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the state. The contractor agrees to take such steps as may be necessary to ensure that each subcontractor of the contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the state.

-----------------------

| |

|AGENT: De Anne Otto (608)785-8724 |

| |

|If NO BID (check here) and return. |

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