131-CANO_State+Contract+Summary-Updated.docx

STATE CONTRACT INFORMATION

One Canon Park Melville, NY 11747 Contact: Samantha Owens (Advisor, Contract Admin) 631-330-2754 sowens@cusa.canon.com

701-328-4912 aadschaak@nd.gov

CONTRACT INTRODUCTION

This contract is for the purchase, lease or rental of Multi-function Devices (MFD’s), Single-function Printers, Production and Industrial Print Equipment and Services, Large/Wide Format Equipment, Scanners, and Specialty Printers through NASPO. This contract also provides Managed Print Services (MPS) and software bundles that enable efficient workflows which enhance the productivity and capability of the Devices. North Dakota is entering into participating addenda with multiple contractors (more contractors to be added as agreements are executed). Each contractor has a website specifically for eligible North Dakota purchasers. The websites contain the following information:

· List of authorized dealers and contact information

· Equipment offerings

· Features and specifications of equipment

· Service/maintenance agreement information

· Price for equipment and services

OPEN MARKET ITEMS: Purchases for open market items (also known as Not Specifically price (NSP) items) that compliment or enhance the devices/services offered under this agreement must be approved by the Contract Administrator in the form of a Contract Exemption Request (SFN 54202 Contract Exemption Form) prior to order placement. Non-state agencies are not subject to this provision.

SUPPLEMENTAL DOCUMENTS (EULAS, CLICKWRAP AGREEMENTS, OR THIRD-PARTY SOFTWARE AGREEMENTS): Any End User License Agreements (EULA’s), clickwrap agreements, or third-party software agreements required for an Order placed must be submitted to the Contract Administrator for approval.

MANDATORY

***Only manufacturers currently listed under this contract are mandatory at this time. Purchases made from other manufacturers do not require an exemption but must follow the procurement process and be approved by NDIT.*** This is a mandatory state contract. If this state contract does not meet your needs, submit a SFN 54202 Contract Exemption Form for approval by the Contract Administrator using the Purchasing Work Request system or email. Procurement procedures apply if agencies elect not to use an optional state contract. Specialty printers that do not fall in the contracted groups described in the ordering section below may be purchased outside of this contract; however, the procurement process must be followed and be approved by NDIT.

CONTRACTOR INFORMATION

Check the State contract website for the contractor and contract administrator information.

COOPERATIVE PURCHASING

This contract is made available to all State agencies and other government entities such as counties, cities, townships, institutions under the jurisdiction of the State Board of Higher Education, public primary and secondary educational entities, governmental boards and commissions, and nonprofit entities established on behalf of public entities.

AUTHORIZED DEALERS

For sales, maintenance and customer assistance, please contact the authorized Contractor dealers found at each contractor’s website.

ORDERING

Mandatory for State Agencies: equipment purchases or leases by state agencies must be made according to the needs based on actual historical volumes. State agency requests for equipment placements outside the segment parameters require the advance, written approval from SPO before placing an order.

**If purchasing or leasing from Group A - Segments 6 through 7, Group B - Segment 6, any segment from Group C, Sub-Groups C1 and C2, Group D - Segment D4, the Participating Entity must have obtained advance written approval from the Contract Administrator in the form of a Contract Exemption Request prior to order placement. Non-state agencies are not subject to this provision.

CONTRACTED GROUPS

NDIT APPROVAL: NDIT approval is required for any Software as a Service purchase under this contract, except for non-state agencies or other entities that are not required to follow NDIT requirements.

XEROX SOFTWARE REVIEW REQUIREMENT: Any purchases being made for Nuvera, Versant, Iridesse, iGen, FreeFlow Software from Xerox will need to contact the contract administrator to review the terms related to the purchase.

Orders should reference State Contract #131 and the appropriate Master Agreement number and Participating Addendum number below:

Transactions by non-State agencies are not subject to “proper size of equipment”, trade-in or security requirements. Political subdivisions may contact an authorized dealer or the Contract Administrator at the State Procurement Office for more information.

CONTRACTED EQUIPMENT INFORMATION

A multifunction copier is a copier that also performs other functions such as printing, scanning and/or faxing. Some equipment has all these functions as standard; other equipment may have only some of the functions as standard, but the other functions are optional.

The North Dakota addenda allow North Dakota state agencies to purchase desktop and walk-up copiers (black and white & color) that are at the proper level of utility and quality for the purpose intended. The NASPO contract contains additional equipment including large production size equipment that produces black and white or color copies.

The multifunction equipment on the contract is broken into Groups and Segments. The NASPO contract covers equipment in Groups A-F; groups are differentiated by the overall type/size of equipment, as well as software, consumable supplies, managed print services, and other specialty production devices and printers.

Some contractors have set up a website for equipment, software, and services available for qualified North Dakota purchasers. The links are on the State Term Contract #131 web page.

Service Requirements: Each contractor offers service on equipment placements through their local dealer network. Some highlights of the service agreements are:

· Pricing can be a base charge for a minimum number of impressions, OR, may have a zero-base charge with a per impression charge to be invoiced based on actual usage.

· All copier equipment shall have the ability to submit meter readings electronically; if this feature is not employed by using an agency, the agency may be required to submit meter readings manually to the dealer.

· Technicians - All technicians must be factory trained by the OEM and certified to Service the Devices.

· Standard Service Agreements (SLA) – At a minimum, SLAs must adhere to the following:

· End-user Training

· Purchasing Entity may request an initial free one-hour training session for each Device ordered. Contractor shall provide this initial training, free of charge, via one of the following delivery methods: On-site, web-based, or on-line.

· Purchasing Entity may also request an additional one-hour training session for technical support at a mutually agreed upon price, which shall include network connectivity and print driver installation.

· If Purchasing Entity elects to exercise the training option, then Contractor shall provide the training within ten (10) Business Days of Purchasing Entity’s request.

· Contractor may offer additional on-site, one-hour training sessions for a flat rate fee. Additional charges for travel and per diem, if applicable, must be disclosed to the Purchasing Entity, and mutually agreed upon, prior to Order placement.

· Contractor shall provide Device literature, user-manuals, and access to on-line resources, if available, at no charge to the Purchasing Entity.

· For Groups A, B, C, D, E, and Sub-Groups C1, C2, and D1, Contractor shall provide a no charge, toll-free end-user technical support number that Purchasing Entities can utilize for everyday minor troubleshooting (i.e. this does not include network connectivity or print driver installation). A Purchasing Entity must be able to obtain assistance during Normal Business Hours.

· Preventative Maintenance - Contractor must perform all Preventative Maintenance Services at the Manufacturer’s suggested intervals, or as specified in an Order. Preventative Maintenance shall not be a requirement on desktop Devices.

· Device Performance

· Device Downtime shall be computed from the time the Contractor is notified of Device failure until the time in which the Device is fully operational.

· Device Downtime due to lack of consumable Supplies is not acceptable.

· Contractor must provide daily communication to the Purchasing Entity regarding inoperable Devices, including updates regarding resolution timeframe, and any parts, Accessories, or Devices on back-order.

· Loaner Device - If any Device in Group A or Group B is inoperable for two (2) Business Days, due to Device malfunction, as reasonably determined by Contractor, then Contractor shall provide the Purchasing Entity with:

· A loaner Device of similar speed and capabilities until such time as the inoperable Device is now operable; or

· At the discretion of the Participating State or Entity, provide the Purchasing Entity with off-site manned production capabilities, at the sole cost to the Contractor, to accomplish the work of the Device that is inoperable.

· If any Device in Group C or Sub-Groups C1 and C2 are inoperable for two (2) Business Days, due to Device malfunction, as reasonably determined by Contractor, then Contractor shall provide access to an off-site manned production facility as an accommodation to the Purchasing Entity.

· Repair Parts

· Contractor shall guarantee the availability of repair parts for a minimum of five (5) years after the Purchasing Entity’s Acceptance of any Device.

· All Device components, spare parts, application software, and ancillary Devices that are supplied under any resulting Master Agreement must conform to Manufacturer specifications.

· Contractor shall be responsible for ensuring that any repair parts are operable and installed in accordance with Manufacturer specifications.

· Repair parts may be new, reconditioned, reprocessed or recovered.

· Service Zones

· Contractor shall adhere to the following Service Call Response Times by Service Zone based on the distance that their Service Base Location is from the Purchasing Entity:

· Urban (within 60 miles) – 4-6 hours

· Rural (60-120 miles) – 1-2 business days

· Remote (120+ miles) – 4-5 business days

· Repair or replacement of parts and/or Devices shall occur within four (4) Business Days of Contractor arriving at Purchasing Entity’s location, with the following exception - If Contractor is drop-shipping a new Device to replace a defective Device, then Purchasing Entity must receive the new Device within three (3) Business Days.

· Contractor(s) may charge different rates according to each Service Zone.

· Device Relocation

· Device relocation Services include dismantling, packing, transporting, and re-installing Device.

· Contractor may charge for this Service based on the Service Zones in the following table: However, additional relocation charges may be charged for Group C and Sub-Group C1 and C2 Devices.

· Within the same building – No charge allowed, unless special riggings are needed

· Up to 50 miles from building in which Device is currently placed – Flat fee, plus per mile or hourly fee

· More than 50 miles from the building in which Device is currently located - Flat fee, plus per mile or hourly fee

· Contractor may not charge for any fees incurred due to fuel or tolls.

· Moves must be performed within thirty (30) calendar days of the Purchasing Entity request. Request may be verbal or written, but Contractor must confirm the request in writing and provide a date that the move will occur. Written confirmation must be sent to the Purchasing Entity within three (3) Business Days of request. In the event that there will be a delay in these Services, Contractor shall communicate with Purchasing Entity and agree on a mutually beneficial timeframe.

· Contractor is required to offer Device relocation services for all leased Equipment.

Trade-In Equipment: State agencies may dispose of existing copier/multifunctional equipment in one of two ways:

· Direct equipment to the North Dakota State Surplus Property (http://www.nd.gov/surplus/) which will ensure proper disposal via the E-Waste Program; or

· Trade-in equipment

· A Purchasing Entity shall have the option, at the Contractors sole discretion, and based upon Participating State or Entity regulations and laws, and Purchasing Entity policies, to do a Device Trade-In, when placing a purchase or lease Order.

· The value for the Device Trade-In shall be negotiated by the Purchasing Entity and the Contractor and shall not include any disposal or shipping fees.

*State agencies must ensure that all data has been removed from equipment prior to transferring the equipment to North Dakota State Surplus Property or any Contractor.

Warranty: In general, the Contractors warrant:

· The products:

· will do what the salesperson said it would do;

· will live up to all specific claims that the Contractor makes in their advertisements;

· will be suitable for the ordinary purposes for which the product is used;

· will be suitable for any special purposes that the Buyer has relied on the Contractor’s skill or judgment to consider; and

· Any Device that fails (except due to operator error) to function in accordance with the Manufacturer’s published performance specifications, four (4) times in any four (4) week period and/or is subject to recurring related problems, shall be replaced with a like-for-like Device (i.e. similar usage, remaining useful life, etc.) that meets or exceeds the requirements of the original Device, at no cost to the Purchasing Entity, except if (a) Supplies or parts are used in the Devices that were not manufactured, provided, or authorized by the Contractor, (b) Service was provided by someone other than Contractor or their Authorized Dealer, or (c) The Device has been subject to abuse or neglect by Purchasing Entity.

· The services, deliverables and/or work product shall be completed in a workmanlike manner consistent with standards in the industry.

Shipping, Delivery, Inspection, and Acceptance:

· With the exception of Group C and Sub-Groups C1 and C2 Devices, all Products must be shipped F.O.B. destination, standard freight pre-paid by the Contractor, to the Purchasing Entity’s specified location. Group C and Sub-Groups C1 and C2 shipping charges shall be quoted to the Purchasing Entity prior to Order confirmation.

· Devices that are in stock or otherwise not subject to supply-chain shortages or issues, shall be delivered within thirty (30) calendar days after receipt of Order, unless otherwise specified by the Purchasing Entity.

· Contractor shall provide a minimum of semi-monthly updates to the Purchasing Entity regarding the status of all Devices that are, or will be expected to go, on backorder

· Software related to the Device must be installed within five (5) Business Days of the Device installation, or as otherwise stated in an Order.

· All deliveries shall be made during Normal Business Hours, which may vary for each Purchasing Entity of each Participating State. The Purchasing Entity shall not be responsible for any additional charges should the Contractor fail to observe specific delivery days and receiving hours. The delivery days and delivery hours shall be established by each individual Purchasing Entity upon Order placement.

· All deliveries, with the exception of drop-shipped or desktop Devices, shall be made to the interior location specified by the Purchasing Entity. Specific delivery instructions will be noted on the Order. Any damage to the building interior, scratched walls, damage to the freight elevator, etc., will be the responsibility of the Contractor. If damage does occur, it is the responsibility of the Contractor to immediately notify the Purchasing Entity placing the Order.

· Products shall be packaged and labeled so as to satisfy all legal and commercial requirements applicable for use by any Purchasing Entity, and shall include, without limitation and if applicable, OSHA material safety data sheets, and shall conform to all statements made on the label. Packages that cannot be clearly identified may be refused and/or returned at no cost to the Purchasing Entity.

· With the exception of drop-shipped Devices, Purchasing Entity shall confirm delivery, installation and Acceptance of all Devices covered by each purchase or lease Order.

· Failure to confirm or reject the Device(s) within the foregoing five (5) day period shall be deemed as Acceptance by the Purchasing Entity; however, it does not relieve the Contractor of liability for material (nonconformity that substantially impairs value) defects subsequently revealed when Devices are put to use.

· All Devices are subject to inspection at reasonable times and places before Acceptance.

BUY, RENT AND LEASE OPTIONS

All contractors offer a variety of financial vehicles: lease, rent or purchase. Agencies may enter into a lease, rental or purchase agreement with the contractors, OR, agencies may elect to lease through an unrelated third-party leasing company. The types of leases and rental agreements available through the Contractors are summarized below (not all contractors offer all terms for all financial vehicle options for all Groups):

· Penalty = remaining lease payments

· Cancellable

· Penalty = remaining lease payments

Capital Lease ($1 Buyout Lease)3

· Cancellable

· Penalty = remaining lease payments

· Penalty = up to 3 months lease payments

· Cannot exceed a term of 18 months.

· Lease rates are available at the manufacturer’s websites or by requesting current rates from an authorized dealer for each contractor (see the state contract listing for contact information).

· On leasing agreements:

· All Renewal Terms shall be billed on a monthly basis.

· If a Purchasing Entity elects to enter into a month-to-month Renewal Term, they may cancel at any time, without penalty, by giving Contractor thirty (30) days advance, written notice.

· If a Purchasing Entity elects to enter into a 12-month Renewal Term, the Renewal Term will automatically terminate at the end of the 12-month period, unless the Purchasing Entity has notified the Contractor that they wish to enter into a new Renewal Term. If a Purchasing Entity wants to cancel their 12-month Renewal Term early, then early termination fees shall apply, and will be equivalent to the remaining stream of equipment payments only (i.e. less maintenance).

· With the exception of a Capital Lease ($1 Buyout Lease) arrangement, or unless exercising the purchase option on an FMV Lease, a Purchasing Entity shall return the Device at the end of the Initial Lease Term, or at the end of the Renewal Lease Term, or the Contractor may pick the Device up, without any further financial obligations to the Purchasing Entity.

· All accessories and software leases must be coterminous with the copier’s original lease term even if added to equipment configuration after initial placement.

1 For purposes of this contract and these contractors, FMV Lease has the following characteristics:

· A lease in which the Purchasing Entity can either

· 1) Take title to the Device at the end of the Initial Lease Term by paying the residual value to Contractor

· 2) Enter into a Renewal Term for the Device, or

· 3) Return the Device to Contractor at the end of the Initial Lease Term.

2 For purposes of this contract and these contractors, Straight Lease has the following characteristics:

· Upon the expiration of the Initial Lease Term, a Purchasing Entity may do one of the following:

· Renew the lease on a month-to-month basis, or a 12-month basis, at the discretion of the Participating State or Entity; or

· Return the Device to the Contractor, or have the Contractor pick the Device up.

3 For purposes of this contract and these contractors, Capital Lease must meet one or more of these criteria:

· Upon the expiration of the Initial Lease Term, the Contractor shall provide title to the Device to the Purchasing Entity, or as otherwise determined in a Participating Addendum or an Order, and the Purchasing Entity shall not be subject to any additional expense in order to assume possession of the Device.

4 For purposes of this contract, Cancelable Rental shall allow a Purchasing Entity to have the option to cancel the rental at any time throughout the term of the agreement, by providing the Contractor with a thirty (30) day prior written notice.

· Upon the expiration of the Initial Lease Term, a Purchasing Entity may do one of the following:

· Renew the lease on a month-to-month basis, or a 12-month basis, at the discretion of the Participating State or Entity; or

· Return the Device to the Contractor, or have the Contractor pick the Device up.

5For purposes of this contract, Short-Term Rentals allow the Purchasing Entity to return the Device to the Contractor, or have the Contractor pick the Device up upon the expiration of the Rental Term. Short-Term Rentals are not permitted to be renewed beyond the Initial Rental Term.

PAYMENT TERMS

Payment will normally be made within thirty days after delivery and acceptance of commodities or services under this contract and receipt of a correct invoice. All invoices and payment inquiries must be directed to the Purchasing Agency or Entity.

PRICING

Pricing can be found under the state contract listing attachments. For pricing for Managed Print Services (MPS) or Software, please reach out to the contract administrator.

ITD MANAGED PRINT SERVICES

NDIT is shifting agencies to Managed Print Services (MPS) with Hewlett Packard (HP). Agencies can enroll their devices now. The intent is to have most agencies that receive End User Compute & Collaborate Services (Desktop Support) from NDIT integrated by July 1, 2023.

The project will allow HP to manage the printer fleet. Items managed by the vendor will be printers, ink, toner, maintenance, repairs and customer support. Each participating agency will be individually billed directly from HP for cost per page to print. Ink cartridges in the supply closet will be a thing of the past as the vendor will see real time data letting them know when to ship the needed supply to agency.

It does not include high-capacity print jobs, which are the responsibility of State Print and Mail.

More communication about this new MPS from ITD can be found here https://www.ndit.nd.gov/services/infrastructure/managed-print-services image1.png