RFP Main Document



REQUEST FOR PROPOSAL #D21-015-OOfficial SealedNO PUBLIC OPENINGFOR: Supplemental Janitorial Services for Residence Halls Release date: 11/09 /20RFP Manager: Donna LumsdenEmail: uwmbids@uwm.edu See section 3.1 for rules regarding communications during a Proposal.Amendment Number (if applicable):Deadline for Questions: 11/30/20 at noonRFP Due Date: 12/9/20 at 1:00 PMAvailable submission methods:Email (See Section 3.3 for instructions)PROPOSAL RESPONSIVENESS: To be considered responsive, the Proposer must submit the following (unless otherwise indicated) FORMCHECKBOX Mandatory: Request for Proposal Cover Sheet (this page), signed by an authorized signatory. FORMCHECKBOX Mandatory: Proposal Response FORMCHECKBOX Mandatory: Revenue Proposal Exhibit A (Include as a separate email attachment.) FORMCHECKBOX Optional: Any exceptions to Contract Terms and Conditions. Please submit on a separate page properly labeled.The undersigned has legal authority to bind the RFP to this Proposal. FORMCHECKBOX Yes FORMCHECKBOX No Note: Failure to check “Yes” will result in the Bid being considered non-responsive and ineligible for award.The undersigned claims minority Proposer preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Proposer must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 101 E Wilson Ave, 6th Floor, Madison, WI 53703. 608-267-9550. FORMCHECKBOX Yes FORMCHECKBOX NoThe undersigned Proposer 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, WI 53703, (608) 266-5462. FORMCHECKBOX Yes FORMCHECKBOX NoThe undersigned Proposer claims disabled veteran owned business bidder preference [Wis. Stats. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may by granted to CERTIFIED Disabled Veteran Owned Businesses. Bidder must be certified by the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, WI 53703, (608) 267-9550. FORMCHECKBOX Yes FORMCHECKBOX NoWis. 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 Proposal were manufactured in whole or in substantial part within the U. S.. FORMCHECKBOX Yes FORMCHECKBOX No FORMCHECKBOX UnknownBy signing this, the undersigned certifies that Proposer has not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a Proposal; that this Proposal has been independently arrived at without collusion with any other Proposer, competitor or potential competitor; that this Proposal has not been knowingly disclosed prior to the opening of Proposals to any other Proposer or competitor; that the above statements are accurate under penalty of perjury. FORMCHECKBOX Yes FORMCHECKBOX NoThe undersigned and the respondent will comply with all terms, conditions and specifications set forth in this Bid. FORMCHECKBOX Yes FORMCHECKBOX No Name of Authorized Company Representative: Vendor/Company Name: Proposer’s phone number: ____________________________________________Signature of authorized Proposer representativeProposer’s email: Address of Proposer: Date: Federal Employer Identification No (or social security if sole proprietor) (voluntary) FORMTEXT ?????State of Wisconsin – UW-Milwaukee Wis. Statutes s.16.75This form can be made available in accessible formats upon request to qualified individuals with disabilities GENERAL INFORMATIONPurpose: The University of Wisconsin-Milwaukee issues this Request for Proposal 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, (hereafter “UWM”), invites vendors to submit a proposal in response to this RFP to provide supplemental janitorial services for UWM Residence anization of the RFP:Section 1: General Information/BackgroundSection 2: Scope of Work, Services and Requirement/Contract TermsSection 3: Preparing and Submitting your ProposalSection 4: Proposal Selection and Award Process Section 5: Supplemental Standard Terms and Conditions for Procurements for Services Revenue Proposal (Exhibit A) and Vendor Required Forms Definitions. The following definitions are used in the RFP: Bid Cover Sheet – The first page of this RFP BAFO - Best and Final Offer Committee - the Evaluation Committee which evaluates the Proposals Contractor, Successful Proposer – an awarder proposer MBE – Minority Business Enterprises. Must “Shall”, and “Will” are mandatory requirements Proposer, Supplier - a firm submitting a proposal in response to this RFP RFP –Request for Proposal. State – State of Wisconsin UWM – the University of Wisconsin – MilwaukeeQUARANTINE – Separated for possible exposure to Covid-19; likely completed in the resident’s assigned roomISOLATED - Tested positive for Covid-19 and been moved to another location STANDARD TASKS – Routine tasks performed by UWM Housing staff not part of isolation/quarantine tasks for Covid-19DISINFECT - “Disinfect” means to destroy harmful micro-organisms with cleaning products that meet hospital grade requirements and are EPA approved, specifically for Covid-19 in the case of this RFPContract Term: The contract will begin upon final executed contract date and cover a one-year period with an additional two one-year renewal options upon mutual agreement.Background: The purpose of this document is to provide interested parties with information to enable them to prepare and submit a RFP for Supplemental Janitorial Services for UWM Residence Halls. Primary purpose of a resulting contract will be to perform cleaning of suites/rooms that have housed a student who has been quarantined or isolated due to Covid-19. (See definitions in Section 1.2). Included in this cleaning would be shared common living spaces, such as: bathrooms, kitchens, non-shared bedrooms, general living space, bedrooms, preparing bedrooms for reset (including linen), and working in conjunction with University Housing staff to perform Custodial Standard Tasks, as assigned and as time permits, after Contractor’s daily COVID 19 cleaning is completed. See included spreadsheet for tasks related to specific circumstances, defined as: Isolation Suite Clean, Quarantine Suite Clean, and Standard Tasks.UWM’s COVID-19 numbers fluctuate greatly and the award of this RFP is to provide flexibility of both staffing and tasks which are essential to the Contract. The link is to the dashboard that shows UWM’s current COVID-19 status is Evaluation Criteria: Proposals should be organized, addressing the following summary of criteria, detailed in Section 2.1, as these criteria will be evaluated and scored, for a maximum number of 1,000 available points, as noted: CriteriaDescriptionPotential PointsOrganizational Capabilities Staffing, Continuity of Positions, Increasing/Decreasing, Lead time and Response time to changes 200 Quality of ServicesReferences and experience with Covid-19 cleaning; In a residential setting; Size of facilities serviced 250 Technical RequirementsDetails of staff training program; Special training certifications; Types of PPE and disinfecting products to be used 300 Revenue ProposalExhibit A Cost 250 Scope of Services and RequirementsUW-Milwaukee Housing requires Covid -19 and general other cleaning services in the following residence halls:Sandburg Hall 3400 N. Maryland Ave. Cambridge Commons 2323 N. Cambridge Ave.Riverview 2340 N. Commerce St.Kenilworth Square 1925 E. Kenilworth PlacePurin Hall 2600 E. Kenwood Blvd.See the included building floor plans for reference.Services required Monday – Friday, 8:00 am – 5:00 pm Number of staff required – Contractor to begin service by providing five (5) staff, one of which should be a lead worker or supervisor, to be placed in the residence halls noted above, located both on and off the main campus; not in one central building location. The exception will be Purin Hall, which is an apartment building with fewer than 50 residents, which will only be included, if identified by the UWM Contract administrator for a specific situation. Staff needs will likely change based on occupancy/workload, as the Contract proceeds.The Cost Proposal, Exhibit A, must be the monthly cost for service, meeting all requirements of this RFP, for the five (5) staff members required at the start of the awarded Contract. In addition, Proposers must show specifics of the pricing basis that the Proposer would use to determine adjustments, increases or decreases, in staffing levels, using specific pricing or percentages of the monthly rate bid. UWM will negotiate final contract terms with the highest scoring Proposer, to allow adjustments to the daily staff counts, as needed, based on future isolation/quarantine needs. Service is to start as soon as possible, as agreed upon between UW-Milwaukee and the successful Proposer, during Contract negotiations. Significant delay of the Proposer’s ability to start service. may be a reason to not award to that Proposer. UWM will be the sole authority of what constitutes “significant” delay.Vendor would be responsible for the following:Providing all appropriate staff training and oversight for Covid 19 contaminated or suspected contaminated surfaces of residential spaces. Contractor will be required to provide daily updates on rooms completed, inspected, available for reassignment, including any areas of repair that need attention. All UW-Milwaukee's suites have bathrooms shared with a small group of 2-6 residents. Due to the configurations of suites (upgraded kitchens, extra bathrooms) some locations will require cleaning of a common kitchen and bathroom spaces, while others will require just a common bathroom and bedroom touchpoints. Each day University Housing will communicate the needs of the isolation and quarantine space cleans. Please see attached for sample drawings of some of our residential spaces. Specific cleaning tasks to be completed per the included spreadsheet, which defines tasks as, Isolation Suite Clean, Quarantine Suite Clean, and Standard Tasks.Using appropriate products and procedures, per current, and any future, CDC guidance in response to Covid-19, to accomplish hospital grade cleaning of spaces. Naming a Contract Administrator; to act with full authority on the Contractor’s behalf in all matters pertaining to the University and this Contract. Contractor’s staff must wear an identification badge and will be issued a guest pass to allow admittance to specific areas of the buildings.Be prepared to complete the included “Criminal Background Check” form which would need to be completed, before starting work, for each employee, who would be working on site.Contractor will be provided with access to the residence hall Key Watch system and will be responsible for the replacement costs for any lost keys. Abiding by the requirements in the included document entitled “UWM COVID-19 Safety Practices and Guidance for Visitors” for working on the UWM campus.PROPOSAL RESPONSE ORGANIZATIONAL CAPABILITIES:Proposer is to provide a description of its company structure and staff. Proposer to name a Contract Administrator; to act with full authority on the Contractor’s behalf in all matters pertaining to the University and this Contract.Proposer to describe how they will accomplish the requirements; include process for continuity of staffing positions, willingness/ability to increase or decrease number of staff positions based on workload requirements, and response time to implement a change in number. DO NOT INCLUDE COSTS IN THIS SECTION. COSTS SHOULD BE PROVIDED IN EXHIBIT A COST PROPOSAL. QUALITY OF SERVICES:References and experience – A minimum of three references, including contact information and email addresses, where your company has provided service in a similar capacity as this RFP requires, especially those references, for which you have provided Covid-19 cleaning, during the current pandemic. Provide individual staff and company experience performing services in residential settings such, colleges, universities, assisted living facilities, etc. State the size and capacity of these facilities and length of time performing these services. Include operations in both occupied and unoccupied spaces.TECHNICAL REQUIREMENTS:Detail the Proposer’s general cleaning protocol and training plans. Provide information as to any special certifications that have been obtained by staff members, who will work on-site or are providing training. Assigned staff must be trained in how to work with blood borne pathogens.Knowing that the lead worker/supervisor will not necessarily be working in the same building with other Contractor staff, how does your organization plan to effectively and efficiency communicate assigned tasks and completed tasks, including completion of tasks listed as “Isolation Suite Clean”, among each other and then the University Contract Manager, once inspected and signed off on. What kind of documentation will be provided and shared with the UWM Contract Manager.List the types of PPE you would be providing to your staff. List the brand names and product formulas for disinfecting chemicals that you would be using.NOTE: Proposers should include in their narrative any additional information, even if not specifically addressed, which supports the proposer’s abilities to meet the scoring criteria noted in Section 1.5.EXHIBIT A COST PROPOSALCost proposal should reflect the monthly cost for the five (5) staff members that will be required at the start of service. Include a pricing basis, using specific pricing or percentages that would be used to calculate any changes in staff levels.The Contractor, its officers, agents, and employees, in the performance of this Contract shall act in the capacity of an Independent Contractor and not as an officer, employee or agent of the University. Contractor agrees that it shall take such steps as may be necessary to ensure that each subcontractor or contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venture or partner of the University.Contractor shall be responsible for personnel relations of the employees on its payroll. Contractor shall comply with all applicable government regulations related to employment, compensation, and payment of personnel.Contractor’s personnel shall observe all regulations of the University. Failure to do so may be grounds for UWM to require Contractor to reassign Contractor’s staff.Proposers should include in their narrative, information and documentation which supports how the proposer will fulfill the criteria listed in Section 1.5. SITE INSPECTION: Typical drawings of suite/room configurations are included with this RFP. A mandatory site inspection of spaces is not required; however, failure to adequately inspect, shall not relieve the bidder from the responsibility of furnishing, without additional cost to the University, any materials and equipment, or performing any labor that may be required to carry out the requirements of the contract.If a site inspection of one or more locations is desired, interested proposers must contact Ajay Dorn at 414-416-5787, or ajaydorn@uwm.edu, to schedule. Proposers would meet Ajay at the site(s) they wish inspect. If you plan to attend, you are required to wear a mask and adhere to social distancing guidelines. Any questions unrelated to a site inspection, should be directed to uwmbids@uwm.edu. INSUFFICIENT SERVICE: Contractor must return to UWM to service missed, or insufficiently cleaned areas, within 24 hours of notification from the UWM Contract Administrator, communicated via e-mail and/or call. FIRM PRICING:. Monthly costs are to remain firm for the first year of the contract, subject to any increases or decreases in service levels, in accordance with the pricing basis provided in Contractor’s Cost Exhibit A. After the first year, Contractor may request a price increase. Any proposed price increases must be forwarded to the purchasing agent for approval within 60 days of the end of the first contract year. With the proposed request for increase, a justification must be provided showing an industrywide increase in pricing. CAMPUS CONTACT ADMINISTRATOR: Ajay Dorn, ajaydorn@uwm.edu; (414) 416-5787; Back-up contact is Jan Heflin, kerkenbu@uwm.edu; (414) 229-6592CONTRACT CANCELLATION: This Contract may be terminated by either party for the following conditions:2.17.1 After the initial term of the Contract, the University may terminate the Contract at any time, without cause, by providing 30 days written notice to the Contractor. If the Contract is so terminated, the Contractor is liable only for payments for items/services provided or performed up to the date of the termination. 2.17.2 Should either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing by mail of such failure and demand that the same be remedied within 10 calendar days. Should the defaulting party fail to remedy the same within said period, the other party shall then have the right to terminate this Contract immediately. Performance failure can be defined as, but not limited to: multiple failures to provide adequate cleaning, as required, after being notified, repeated invoicing errors and failure to provide service in agreed upon time frames, or failure to meet any of the Terms, Conditions, Specifications or Special Conditions of this RFB.2.17.3 If at any time the Contractor performance threatens the health and/or safety of the University, its staff, students or others who may be on campus, the University has the right to cancel and terminate the Contract without notice.2.17.5 Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in Section L, below, of this RFB, the University has the right to cancel and terminate the Contract without notice.2.17.6 If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed and such appointment is not vacated within 90 calendar days, the University has the right, in addition to any other rights of whatsoever nature that it may have at law or inequity, to terminate this Contract by giving 10 calendar day notice in writing of such termination. 2.17.6 All notices of performance failure must be submitted in writing to Purchasing Office, University of Wisconsin – Milwaukee, P.O. Box 966, Milwaukee, WI 53201. Purchasing shall be final authority for all performance failure determinations not resolved through the ordering department.2.17.7 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 orderly 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.Upon termination or expiration of this Contract, the Contractor will remove all equipment and supplies from the premises. Contractor’s property not removed from all University locations within 10 days after written notice of termination or expiration may be removed and placed in storage by the University. Contractor shall assume all costs of removal, storage and product and revenue loss. MINIMUM YEARS IN BUSINESS: Bidder or its principals must currently be in the business of providing requested services and item must have been in this line of business for the past three (3) years. PREPARING AND SUBMITTING A RESPONSECommunication/Questions: From the date of release of this RFP until award, the only permissible communication regarding this RFP is in writing to uwmbids@uwm.edu. Violation of this condition may be considered cause for RFP rejection. Proposers are expected to raise any questions, exceptions, or additions they have concerning the RFP. If a Proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the Proposer should immediately notify the RFP manager of such error and request modification or clarification the RFP. By failing to do so, proposers waive the right to claim any provision of this Bid is ambiguous. Addendum: Addendum(s) shall be posted on the State of Wisconsin Vendor Net website . Proposers are responsible for checking this website for any future addenda or proposal information prior to the proposal closing date. Submission of the Proposal: Delivered via Email; Proof of transmission does not constitute proof of receipt.Bidder shall submit to uwmbids@uwm.edu. Such email (and all proposal documents) must be received prior to the due date set forth on the cover sheet of this proposal. The subject line of proposer’s submission must contain the following: “Response” followed by “Proposal #D21-015-O. 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. If submitting more than one proposal, subsequent responses must be emailed separately and noted as alternate #1, alternate #2, etc. Revenue Proposal (Exhibit A) must be included as a separate pdf or Word attachmentA public RFP opening will be held via Teams meeting on December 9, 2020 at 1:00 PM. Call in information is as follows: Teleconference phone number 1-414-253-8850 and Conference ID#492 482 467#. The names of the responding proposers will be read aloud at RFP 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. 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 shall be deemed non-responsive and be rejected. A public bid opening will be held via Teams meeting on October 26, 2020 at 1:00 pm. Call in information is as follows: Teleconference phone number 1-414-253-8850 and Conference ID 623 525 117#. 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. Amending a Proposal: A Proposer desiring to amend its Proposal before the RFP due date may do so by filing an amended Proposal at the email address set forth in Section 3.1. All conditions and provisions of the original Proposal will be in effect.Withdrawal of Proposal: Withdrawal of a Proposal, must be in writing, at any time up to the Proposal closing date and time. To accomplish this, the written request must be signed by an authorized representative of the Proposer. If a previously submitted Proposal is withdrawn before the Proposal due date and time, the Proposer may submit another Proposal at any time up to the Proposal closing date and time.Reasonable Accommodations: UWM will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations at a proposal opening/vendor conference, contact the RFP Manager set for herein at uwmbids@uwm.edu.VendorNet: The State’s Vendor Notification System recently changed from VendorNet to eSupplier. UW agencies still use VendorNet to post information regarding solicitations, which is accessible to vendors. However, VendorNet no longer provides vendors with automatic notifications. Vendors are also no longer able to register with VendorNet. If you prefer to receive automatic updates when new solicitations are posted, or when a change to an existing solicitation is posted, please register with eSupplier at . There is also a link to the esupplier portal within Vendornet.MBE Participation: With this procurement, the Proposer is encouraged to purchase services and supplies from Minority Business Enterprises (MBEs) that are certified by the State of Wisconsin, Department of Commerce, Bureau of Minority Business Development. UWM may require the Service Provider to meet with the University to identify MBE Subcontractors for the provision of services for this Contract. A list of Certified MBEs and the services and commodities that they provide is available from the RFP Manager. The list is also published on the internet at: For more information, call (608) 267-3293.Proposal Organization and Format: Proposals must be organized and presented in the order set forth below: Signed RFP Cover Sheet (Optional) Any exceptions to contract terms and conditions Response to RFP – Organizational Capabilities Quality of Services/References Technical Requirements Separate Email Attachment Revenue Proposal Total points of proposers may be weighted by 105% to allow for a 5% preference to a certified minority business enterprise under s. 16.75(3m), Wis. Stats.PROPOSAL SELECTION AND AWARD PROCESSEvaluation: The evaluation and selection of a Proposer and the contract will be based on the information submitted in Proposer’s Proposal, including references UWM collects, and any required onsite visits or verbal interviews. Proposers should create a narrative response to each of the evaluation criteria listed in Section 4.4. Provide as much detail, as you believe is necessary to demonstrate that you can meet/exceed, the requirements and qualifications which have been outlined in this document.The Proposals will be reviewed initially to determine if the mandatory requirements are met. Mandatory Requirements are noted on the cover page of the RFP. Failure to meet the Mandatory Requirements will result in rejection of the Proposal. If all Proposers do not meet one or more of the Mandatory Requirements, UWM reserves the right to continue the evaluation of the Proposals and to select the Proposal which most closely meets the requirements specified in this RFP. Proposal Scoring: Accepted Proposals will be reviewed by an Evaluation Committee (“Committee”), consisting of members who have been selected because of their professional expertise and knowledge of the service(s) that are the subject of this RFP. Proposers may not contact members of the Committee except at the RFP Manager’s specific direction.The Committee will score all accepted Proposals against the criteria stated herein. Proposals from Certified Minority Business Enterprises (“MBE”) may have points weighted by a factor of 1.00 to 1.05 to provide up to a five percent (5%) preference to these businesses (Wis. Stats. 16.75(3m). The Committee's scoring will be tabulated, and Proposals ranked based on the numerical scores received. Revenue Proposal Scoring: The Purchasing Agent will score the cost proposals. Cost points will be calculated, using a pre-determined formula. The result of this formula will determine the proposer with the lowest cost, which will be awarded the allotted 250 points All other Proposers will receive points based on a ratio of their cost based upon the formula, against the highest revenue proposal.Evaluation Criteria: The Proposals will be scored using the following criteria, as detailed in Section 2.1: CriteriaDescriptionPotential PointsOrganizational Capabilities Staffing Model, Continuity of Positions, Increasing/Decreasing, Lead time and Response time to changes (See Section 2.1)200 Quality of ServicesReferences and experience with Covid-19 cleaning; in a residential setting; Size of facilities serviced (See Section 2.1) 250 Technical RequirementsDetails of staff training program; Special training certifications; Types of PPE and Disinfecting products to be used (Section 2.1)300 Revenue ProposalExhibit A Cost250 Verbal Presentation/Interview of Top Scoring Proposers: Top scoring Proposers based on an evaluation of the written Proposal may be required to participate in an oral presentation/interview/demonstration to support and clarify their Proposals, if requested at no cost to UWM. UWM will make every reasonable attempt to schedule each presentation at a time and location that is agreeable to the Proposer. Failure of a Proposer to participate on the date scheduled may result in rejection of the Proposer's Proposal. Award and Best and Final Offers (BAFO): UWM will compile the final scores for each Proposal. The Award will be granted in one of two ways. The Award may be granted to the highest scoring responsive and responsible Proposer. Alternatively, the highest scoring proposer or proposers may be requested to submit final and best offers to further clarify the deliverables, contract language, or costs presented in the Proposer’s RFP.? If final and best offers are requested, they will be evaluated against the stated criteria, scored and ranked by the evaluation committee. All respondents will be treated equally, and no information will be transmitted from one respondent about the other respondent’s offer during the process. UWM reserves the right to apply additional criteria not listed in the original RFP to the BAFO process, but any additional criteria will be disclosed to Proposers in the BAFO request. The award then will be granted to the highest scoring proposer.? However, a proposer should not expect that the State will request a final and best offer.Right to Reject Proposals and Negotiate Contract Terms: UWM reserves the right, in its sole discretion, to reject all Proposals for any reason. UWM may negotiate the terms of the Contract, including the Award amount, with the selected Proposer prior to entering into a Contract. If Contract negotiations cannot be concluded successfully with the highest scoring Proposer, the agency may negotiate a Contract with the next highest scoring Proposer.Reference Checks References may be contacted to confirm the Vendor’s abilities and qualifications as stated in the Vendor’s response. UWM reserves the right to disqualify any Bidder whose references do not support their stated claim of qualifications in their response. UWM reserves the right to contact or visit any party not listed as a reference that has previously used or is presently using similar products or services. UWM also reserves the right to use other sources to obtain or verify information about the proposed products and services. Notification of Intent to Award: All Proposers who respond to this RFP will be notified in writing of UWM’s intent to award the Contract as a result of this RFP.After the Award is made, and Final Contract is signed by UWM and awarded vendor, records may be available for public inspection. Copies of proposals will be available for public inspection, in whole, except for any materials deemed to be confidential and proprietary information. Proposers must schedule reviews with the RFP Manager prior to inspecting accepted Proposals.Appeals Process: Notices of intent to protest and protests must be made in writing to the head procuring agency. Protestors should make their protests as specific as possible and should identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated.Any written notice of intent to protest the intent to award a contract must be filed with and received by Tom Scrivener no later than five (5) working days after the notices of intent to award are issued. Any written protest must be received within ten (10) working days after the notice of intent to award is issued.Tom Scrivener Procurement DirectorEngelmann Hall 2202033 East Hartford Avenue Milwaukee, WI 53211scrivene@uwm.eduThe decision of the head of the procuring agency may be appealed to the Secretary of the Department of Administration within five (5) working days of issuance, with a copy of such appeal filed with the procuring agency. The appeal must allege a violation of a Wisconsin statute or a section of the Wisconsin Administrative Code. Proprietary Information: Any information contained in the proposer’s response that is proprietary must be detailed separately on form DOA-3027 and submitted as set forth on the Proposal Cover Sheet. Marking of the 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. A copy of the form needed to designate portions of your submission as proprietary can be found at: STANDARD TERMS AND CONDITIONS FOR PROCUREMENTS FOR SERVICEEntire Contract: The contract will be awarded to the successful Proposer based on the criteria established in this RFP, including attachments and any amendments issued. The RFP, the Bidder’s response, and any written communications incorporated into the contract constitute the entire contract between the parties, and shall supersede all prior proposals, understanding, and all other agreements, oral and /or written, between the parties related to that subject matter. The order of priority in interpreting the contract shall be as follows: (1) The Contract (2) Any UWM issued purchase order (3) This RFP document, including any amendments/attachments; and (4) the Successful Proposer’s response to RFP. Any exception to UWM’s Contract Terms and Conditions, or any contract terms or conditions proposed by the Proposer must be provided in the Proposal response. Specific objections or additions must be listed. It is insufficient for the Proposer to cite to a document or incorporate a document by reference. 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. Under no circumstances will UWM sign Proposer’s contract or document. Any contract term or condition not set forth in the Proposer’s Response will not be negotiated or accepted. Even if an exception is set forth in Proposer’s Response, acceptance of the exception will be at the sole discretion of UWMNo price changes will be accepted throughout the term of the contract unless mutually agreed upon by UWM and Vendor in writing.Unfair Sales Tax: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales ActTaxes: 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.Applicable Law and Compliance: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at 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.Assignment: Neither party shall assign any of its rights, duties, or obligations under this Agreement without the express written consent of the non-assigning party, which consent shall not be unreasonably withheld, conditioned or delayed. Proposer shall not subcontract any of the Services to be provided under this Agreement without the prior written approval of the General Manager of WUWM. 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.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. 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. 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. Insurance Requirements: The contractor performing services for the State of Wisconsin shall: Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work, naming the Board of Regents of the University of Wisconsin System to be an additional insured. The State reserves the right to require higher or lower limits where warranted.Coverage TypeMinimum LimitWorker’s CompensationStatutory LimitsEach Accident$100,000Disease – Each Employee$100,000Disease – Policy Limit$500,000Commercial General LiabilityGeneral Aggregate & Products Liability$2 millionEach Occurrence$1 millionAutomobile LiabilityCombined single limit$1 millionExcess/Umbrella LiabilityEach Accident$1 millionAggregate$1 millionInsurance as detailed above is required to be in effect during the entire term of this contract. Contractor must provide proof of such coverage no less than 10 days prior to signing of Contract. 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.Discriminatory Boycotts of Israel: Effective October 27, 2017, consistent with 2017 Wisconsin Executive Order 261, contractor agrees it is not engaged in a boycott of the State of Israel and further, contractor will not during the term of the contract engage in a boycott of the State of Israel. State agencies may not execute a contract and reserve the right to terminate an existing contract with a business entity that is not complaint with this provision. This provision applies to all contracts of all values. Smoke & Tobacco Free Campuses: UWM is committed to maintaining a safe campus environment and to ensuring that it acts to the extent possible to shield its students and employees from harm. To mitigate the established health risks associated with the use of tobacco products and exposure to second- hand smoke, UWM prohibits smoking, including electronic delivery devices, and the use of tobacco on all campus property. More information is available at uwm.edu/smokefreeDual 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.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.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 venture, or partner of the state.Recordkeeping and 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 Contractor shall make available such records for inspection by the University upon request.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 Proposal/proposal held by the contractor. The contractor will retain all documents applicable to the contract for a period of not less than five (5) years after final payment is madeReport of Child Abuse and Neglect: If, in the course of providing services to UWM, contractor (or its agent or employee) observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the contractor (or its agent or employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, contractor must make a report of that abuse or neglect to law enforcement or to a county social service agency as provided in UWM’s Child Abuse and Neglect Policy. If the suspected child abuse or neglect involves UWM (see Section III.F. of UWM’s Child Abuse and Neglect Policy), the contractor shall also report that abuse to the UWM Office of Equity and Diversity Services.Promotional Materials/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 UWM. Release or distribution e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency.Hold Harmless: Proposer shall protect, defend, indemnify and hold WUWM, the Board of Regents of the University of Wisconsin System its officers, employees, agents, contractors and invitees harmless against all claims (including reasonable attorneys' fees and costs), for loss of, or damage to WUWM, its property or injury or death to any person arising from the negligence or misconduct of Proposer, its officers, directors, agents or employees under this Contract to the extent they occur, grow out of, are incident to, or result directly or indirectly from the performance of Services by Proposer hereunder; except that Proposer shall have no liability for damages or costs incident thereto to the extent caused by the sole negligence of WUWM..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.Severability:If any term, condition, or provision in the resulting Contract is found to be invalid, unlawful or unenforceable to any extent, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, the parties shall use their best efforts to agree to such amendments that shall preserve, as far as possible, the intentions expressed in the Contract.2019 Wisconsin Executive Order 1: Contractor agrees it will hire only on the basis of merit and will not discriminate against any persons performing a contract subcontract, subcontract or grant because of military or vendor status, gender identity or expression, marital or familial status, genetic information or political affiliation.UWM COVID-19 Safety Practices and Guidance for VisitorsRev. August 20, 2020BackgroundThe University of Wisconsin-Milwaukee (UWM) is committed to ensuring that it acts to the extent possible to shield its students, employees, and visitors from COVID-19. UWM is implementing prudent health and safety protocols that align with recommendations by local, state and national public health authorities. UWM is also asking campus community members to adhere to published health and safety guidelines and procedures outlined in the guidance document to minimize the prevalence of and exposure to COVID-19. However, UWM cannot guarantee that individuals will not get sick, as it cannot control all activities and movement within the UWM community.DefinitionVisitor: any guest, contractor, or agent on or in UWM Property or present at UWM activities.Safety Practices and GuidanceAll visitors to UWM shall:503364516192500Follow the UWM Interim COVID-Related Safety and Health Rules.Maintain 6-feet of social distancing.Wear a face covering indoors.Frequent hand washing and use of hand sanitizerCleaning of shared spaces and equipment, before and after useSelf-monitor for COVID-19 symptoms and use the Symptom Monitor () each day before coming on-site. For more information on COVID-19 symptoms please visit CDC COVID-19 information website.Contact COVID19-safety@uwm.edu to provide information if you are experiencing symptoms of or have tested positive for COVID-19 AND have been in UWM facilities 48 hours prior to symptoms or positive test.If you have previously experienced COVID-19 symptoms, received a positive COVID-19 test, or been a close contact with another person that has tested positive for COVID-19, please follow CDC guidance for when you can safely be around others.Follow additional posted or communicated rules.Individuals who violate this policy may be asked to leave UWM Property. This policy will remain in effect until rescinded by UWM’s Chancellor.Attention: UW-Milwaukee University Housing, Assistant Director- Housing I, _______________________________________ (name), certify that I have satisfied the criminal background check process conducted by a criminal background check vendor selected by my employer, __________________________________________ (employer’s name), that includes a check of the vendor’s proprietary national criminal background check database. My employer warrants that they will only assign employees or affiliates who have passed a criminal background check to perform work inside of UW-Milwaukee University Housing buildings. _______________________________________________ (Criminal Background Check Vendor) provided a background check report dated ___________________ that I have no convictions or pending criminal charges that would render me unsuitable for regular contact with children. Disqualifying convictions or charges include but are not limited to sexual offenses, violent offenses, and drug offenses. ______________________________________________________________________________Print and sign name above (Contractor)Date______________________________________________________________________________Print and sign name above (Contractor’s Supervisor)Date______________________________________________________________________________Print and sign name above (Contractor’s Manager)DateUWM-University Housing will also photograph employees or affiliates of the Contractor who will be occasionally unaccompanied by a UWM University Housing representative. Photographs will be used as part of the departmental security process of creating personal contractor ID cards which will need to be presented during entry into a UWM residence hall. EXHIBIT A: COST SHEET For Proposal responses to be considered, this Exhibit A must be filled out in its entirety. State the proposed monthly cost for your proposed model $_______________State the pricing basis for increasing and decreasing staff levels in your model. Be very specific using actual costs and/or Percentages of your proposed monthly cost so that UWM can calculate how staff levels would affect costs: _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ................
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