-+Universal+Services+Contract.pdf

STATE OF NORTH DAKOTA

INVITATION FOR BID (IFB)

(July 2021)

PROCUREMENT OFFICER

The Procurement Officer is the point of contact for this IFB. Bidders shall direct all communications regarding this IFB to the Procurement Officer. Please do not add the Procurement Officer to any marketing distribution lists.

PURCHASING AGENCY (STATE): ND State Procurement Office PROCUREMENT OFFICER: Abigail Dschaak EMAIL: aadschaak@nd.gov

PHONE: 701-328-4912

TTY Users call: 7-1-1

Engaging in unauthorized communication or seeking to obtain information about an open solicitation with any state employee or official other than the responsible Procurement Officer or designee is sufficient grounds for suspension or debarment. [N.D.A.C. § 4-12-05-04(7)]

BID QUESTION DEADLINE

Bidders should carefully review the IFB including all attachments. Bidders may ask questions to obtain clarification and request additional information, or object to material in the IFB. Questions and objections must be submitted to the Procurement Officer in writing by the deadline identified in the IFB. If no deadline is specified, questions or objections must be received at least seven days prior to the Bid Response deadline. The Procurement Officer may elect to respond to questions received after the deadline.

Email is the preferred method of submission with the IFB number and title cited in the email subject line. Responses to questions will be distributed as a solicitation amendment unless the question can be answered by referring the bidder to a specific section of the IFB.

A person or firm interested in submitting a proposal should ensure all communications related to the procurement are only with the designated point of contact. This section does not restrict communication with state officials or any member of the legislative assembly unless the state official or member of the legislative assembly is involved directly with the procurement for which the person is interested or has submitted a bid or proposal (N.D.C.C. § 54-44.4-01.1).

STATE PROCUREMENT WEBSITE (SPO ONLINE)

This IFB and any related amendments and notices will be posted on the North Dakota OMB website using the State Procurement Online system (SPO Online). Bidders are responsible for checking this website to obtain all information and documents related to this IFB: https://apps.nd.gov/csd/spo/services/bidder/main.htm

Select Recent Solicitations and find this solicitation. Recent solicitations are listed by close date.

Bidders not having completed the Bidders List registration may request to receive notices related to this IFB by contacting the Procurement Officer in writing with the following information: IFB title, business name, contact person, mailing address, telephone number, and email address.

DATE ISSUED September 26, 2022 BID NUMBER 110.7-22-079

BID TITLE Toner & Printer Products, OEM

COMMODITY

CODE(S) 203-72, 204-76, 205-76, 207-72

BID QUESTION

DEADLINE

October 4, 2022 at

12:00 PM CT CONTRACT NUMBER 010

BID RESPONSE

DEADLINE

October 13, 2022 at 2:00 PM CT CONTRACT PERIOD October 31, 2022 to

October 31, 2023 http://www.legis.nd.gov/information/acdata/pdf/4-12-05.pdf?20130319105642 https://apps.nd.gov/csd/spo/services/bidder/main.htm

SECTION 1

BIDDERS INSTRUCTIONS

1. Bidder Checklist. Have you remembered to?

a. Ensure your Bid Response complies with all instructions, terms and conditions, delivery requirements, and specifications.

b. Prepare your price in the specified unit of measure, FOB: Destination to the shipping location.

c. Sign your bid, and initial any changes or corrections

d. Ensure your Bid Response is received by the Procurement Officer by the Bid Response deadline. Called to confirm receipt.

e. If using a delivery service, check tracking to ensure the Bid Response will be delivered on time. Contact the

Procurement Officer as soon as possible in the event of delays due to weather, etc.

f. Submit any required samples or documents.

g. Supply HP reseller ID with bid response.

2. Definitions.

a. Bid Response: the executed document submitted by a Bidder in response to a solicitation.

b. Bidder: any person or firm submitting a competitive bid in response to a solicitation.

c. Commodities: all property, including equipment, supplies, materials, printing, insurance, and the lease of equipment.

d. Contractor: any person or firm having a contract with a governmental body.

e. Counterfeit Toner Cartridges: Counterfeit print cartridges are predominantly refilled or remanufactured print cartridges packed in unauthorized or fake reproductions of OEM packaging.

f. Current Production Product: Toner and printer or component products must have a minimum of 12 months of shelf life. State will be sole determiner if toner or related product is current production from OEM.

g. Grey Market: The purchase by intermediaries of product which is not supplied to them by the “authorized” or

OEM distribution channels.

h. ISO: The International Organization for Standardization, widely known as ISO, is an international standard-setting body composed of representatives from various national standards organizations. Founded in 1947, the organization promulgates world-wide industrial and commercial Standards.

i. ISTA: International Safe Transit Association providing testing for the strength and robustness of the product and package combination.

j. N.D.A.C.: North Dakota Administrative Code; rules with the force and effect of law.

k. N.D.C.C.: North Dakota Century Code; state laws.

l. New OEM Toner Cartridge: Produced by Original Equipment Manufacturer; not a compatible remanufactured product. OEM ISO standard for monochrome toner cartridge yield (ISO/IEC 19752)

m. OEM Compatible Remanufactured Toner Cartridge: OEM compatible laser toner cartridges have been fully certified as compatible to, equal to, or exceeding the Original Equipment Manufacturer (OEM) cartridge specifications as a remanufactured approved OEM compatible cartridge industry standards. See Special Terms.

n. OMB: Office of Management and Budget (OMB); a North Dakota state agency.

o. Page Yield: The number of pages that a printer cartridge will produce. The yield is directly related to the estimate of the cost per page (CPP) for that cartridge.

p. Procurement Officer: an individual duly authorized to enter into and administer purchasing contracts and make written determinations with respect thereto; also includes an authorized representative acting with the limits of designated purchasing authority.

q. Purchasing Agency (STATE): the entity on which the purchase is being made on behalf of.

r. SAE: Society of Automotive Engineers. Nationally recognized standards for identification of plastics by numerical designation to guide recycling process.

s. Services: the furnishing of labor, time, or effort by a Contractor, not involving the delivery of a specific end product other than reports that are merely incidental to the required performance.

t. Solicitation: a document to notify prospective Bidders of a bidding opportunity.

u. SPO Online: a procurement information website maintained by the State Procurement Office pursuant to

N.D.C.C. § 54-44.4-14.

v. SPO: State Procurement Office, a division of the Office of Management and Budget.

w. STMC: Standardized Test Methods Committee (STMC). Nationally recognized standardized methods of testing for toner cartridges performance to meet OEM compatibility standards.

x. Toner Cartridge or Printer Product or Component: may be used interchangeably to indicate related products within this solicitation and contract.

http://en.wikipedia.org/wiki/Standards_organizations http://www.legis.nd.gov/cencode/t54c44-4.pdf

3. Bidders List and Secretary of State Registration Requirements. Bidders must comply with requirements related for OMB Bidders List application and Secretary of State registration [N.D.C.C. § 54-44.4-09]. Bidders Lists are used to notify vendors when solicitations are issued on the State Procurement Office Online system (SPO Online).

Bids will be accepted from bidders that are not on the Bidders List. The successful bidder must complete the Bidders List application process and comply with Secretary of State registration requirements within 60 calendar days from the date a notice of intent to award is issued. If the successful bidder does not register within this time, its bid may be rejected.

Bidders List and Secretary of State Information

1. Secretary of State Registration and Online Bidder Registration instructions are available online at Bidder

Registration.

2. Offeror should check the Bidders List to determine if Offeror is already registered.

3. An Offeror that needs to complete the registration process shall:

a. Register with the Secretary of State (fees apply) and obtain a “System ID” number.

b. Complete the On-line Bidder Registration including selecting commodity codes. Notices related to this

RFP will be sent to the Bidders List for the needed commodity or service and other known potential Offerors. The commodity codes used for this solicitation are: 203-72, 204-76, 205-76, 207-72.

commodity codes

4. The successful Offeror may be required to register as a new supplier to receive payment from the STATE. New vendors (suppliers and individuals) looking to receive payment from the STATE should use the online Supplier Registration.

4. Submission Instructions. Please follow these instructions to submit your Bid Response. Bid Responses must be received by the Procurement Officer by the Bid Response deadline. Bidders assume the risk of the delivery method selected. Late Bid Responses will be rejected.

Upload Response Through the State Procurement Online System (SPO Online):

Bidders must electronically submit Bid Responses through the State Procurement Office Online system (SPO Online) by the Bid Response deadline.

DO NOT WAIT UNTIL THE “LAST MINUTE” TO SUBMIT A RESPONSE. Recommend uploading response 24 hours prior to the Bid Response deadline.

Bidder must begin the electronic submission process well in advance of the Bid Response deadline to allow for transmission and resolution of any technical difficulties. Be advised that the STATE is not responsible for a Bidder’s failure to timely submit a Bid Response due to any technical difficulties. If you experience any technical difficulties contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701.328.2740.

If documents are in the process of being uploaded when the Bid Response deadline occurs, the upload process will stop. The attempted submission will not be uploaded successfully and is ineligible for consideration. The STATE takes no responsibility for electronic submissions that are captured, blocked, filtered, quarantined, or otherwise prevented from uploading by any anti-virus or other security software.

1. This solicitation is posted on SPO Online at: https://apps.nd.gov/csd/spo/services/bidder/main.htm

2. Select “Recent Solicitations” and find this solicitation. Solicitations are listed by close date.

3. Use “Upload Response” to upload a maximum of five (5), clearly labeled documents before the Bid Response deadline.

4. Offerors must upload their Bid Response as requested in the Bid Response section of this IFB.

5. The maximum file size allowed is 50mb per file.

6. There is a 50 character file name limitation for the document being uploaded.

7. There is 75 character limit in the TITLE field within SPO Online.

8. All SPO Online field entries must be alphanumeric. Dashes and underscores are allowed; however, the system does not accept other special characters such as apostrophe, & symbol, quotation marks, etc.

9. DO NOT submit documents that are embedded (zip files), movies, wmp, encrypted, or mp3 files.

https://www.omb.nd.gov/doing-business-state/procurement/registration-and-maintenance-bidders https://www.omb.nd.gov/doing-business-state/procurement/registration-and-maintenance-bidders https://apps.nd.gov/csd/spo/services/bidder/searchBidder.htm http://www.nd.gov/sos/businessserv/registrations/vendor.html https://www.cnd.nd.gov/psp/supplier_1/SUPPLIER/ERP/c/AUC_BIDDER_REGISTRATION.AUC_BIDDER_REGISTR.GBL?Action=U&SUP_OB_TEMPLATE_ID=BIDDER https://apps.nd.gov/csd/spo/services/bidder/searchCommodity.htm https://apps.nd.gov/csd/spo/services/bidder/searchCommodity.htm https://www.cnd.nd.gov/psp/supplier_1/SUPPLIER/ERP/c/SUP_OB_MENU.AUC_BIDDER_REGISTR.GBL?Action=U&SUP_OB_TEMPLATE_ID=SUPPLIER https://www.cnd.nd.gov/psp/supplier_1/SUPPLIER/ERP/c/SUP_OB_MENU.AUC_BIDDER_REGISTR.GBL?Action=U&SUP_OB_TEMPLATE_ID=SUPPLIER mailto:infospo@nd.gov

10.Bidder will receive an email confirmation from infospo@nd.gov that the upload response was received including the

“File Description” for the uploaded files. Review this email to ensure all files were successfully uploaded. If Bidder do not receive an email confirmation, the upload was not successful, and you will need to upload the files again. If Bidder does not receive an email confirmation after the reattempt, contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701.328.2740.

Visit https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf for the SPO Electronic Response Job Aid which describes how to submit an electronic response.

5. Additional Terms and Conditions. Additional terms and conditions submitted with a Bid Response are of no effect unless accepted in writing by the Procurement Officer. Bid Responses with additional terms and conditions may be rejected as non-responsive. (N.D.A.C. § 4-12-11-06).

6. Assistance to Bidders with a Disability. Bidders with a disability that need an accommodation must contact the

Procurement Officer prior to Bid Response deadline so reasonable accommodation can be made.

7. Bid Response Held Firm. Bid Responses are not awarded at the bid opening. Bidders must hold their Bid

Responses firm for 30 days, unless otherwise specified by the Procurement Officer in writing.

8. Bid Response Opening. A public Bid Response opening will be held by the Procurement Officer. The Bid

Response opening will be held:

Webinar or Conference Call Participation Instructions:

Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 234 732 793 230 Passcode: fDZdmv Download Teams | Join on the web Join with a video conferencing device teams@join.nd.gov Video Conference ID: 113 494 156 3 Alternate VTC instructions Or call in (audio only) +1 701-328-0950,,305665335# United States, Fargo Phone Conference ID: 305 665 335# Find a local number | Reset PIN

9. Bid Response Results. Interested parties may contact the Procurement Officer to obtain a summary of all Bid

Responses received and the award. Bid Response results may be posted on SPO Online:

10. Bidders List - Suspension and Debarment. Placement on the Bidders List does not guarantee a vendor will receive notice of every solicitation. A vendor may be removed from the Bidders List if a solicitation notice is undeliverable. Vendors may be suspended or debarred from the Bidders List for cause. (N.D.A.C. ch. 4-12-05)

11. Changes/Corrections. Bidders must initial any changes or corrections to the Bid Response, such as erasures and crossed out/rewritten prices. The Procurement Officer may confirm the Bid Response when changes are not initialed.

https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWUwZjc1OTItNzU1OC00OGE0LTg2ZTMtYTQwYTI1OWI5YzVl%40thread.v2/0?context=%7b%22Tid%22%3a%222dea0464-da51-4a88-bae2-b3db94bc0c54%22%2c%22Oid%22%3a%228ed73df3-71d1-4703-a208-f1defbfd49ec%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting https://itdpexipconfnd1.join.nd.gov/teams/?conf=1134941563&ivr=teams&d=join.nd.gov&w tel:+17013280950,,305665335#%20 https://dialin.teams.microsoft.com/b55e1684-2d28-41f4-ba9d-69c288a879dd?id=305665335 https://dialin.teams.microsoft.com/usp/pstnconferencing http://www.legis.nd.gov/information/acdata/pdf/4-12-05.pdf

12. Multiple Bid Responses. Bidders may submit more than one Bid Response in response to this solicitation. Each Bid Response submitted must be prepared in accordance with the Bid Response instructions and meet the stated requirements.

13. Open Records Requests. Bid Responses are exempt records until the date and time of the Bid Response opening. After the Bid Response opening, all Bid Responses are subject to North Dakota open records laws.

Interested parties may contact the Procurement Officer to request information related to this solicitation.

14. Packaging. All packaging must be strong and secure in accordance with accepted commercial practices.

15. Protests. Protests of the solicitation must be received by the Procurement Officer within seven days before the Bid

Response deadline. Protests of the award or Notice of Intent to Award must be received by the Procurement Officer within seven days after receiving notice of award. Seven calendar days after award or issuance of the Notice of Intent to Award it will be assumed that all interested parties knew or should have known all the facts surrounding the award. Protests must be made in writing to the Procurement Officer and include the basis for the protest. (N.D.C.C. § 54-44.4-12; N.D.A.C. ch. 4-12-14.)

16. Signature. The Bidder’s authorized representative must provide their printed name, title, and sign the Bid

Response. The lack of a signature may be waived as a minor informality, provided a signed Bid Response is submitted by the deadline established by the Procurement Officer. (N.D.A.C. ch. 4-12-10)

17. Specifications, Compliance. All Bid Responses must comply with the stated specifications, and the successful

Bidder will be held responsible. Bidders who desire to submit commodities or services that deviate from these specifications or have any objections to the stated specifications must contact the Procurement Officer by the deadline for questions or at least seven days before the Bid Response deadline, so the Procurement Officer can determine whether the specifications need to be amended.

18. Withdrawal or changes to a Bid Response prior to the Bid Response deadline. Before the Bid Response deadline, the Bidder’s authorized representative may withdraw or change a Bid Response by making a written request to the Procurement Officer.

19. Withdrawals or changes to a Bid Response after the Bid Response deadline. After the Bid Response deadline, no changes may be made to Bid Response, except as provided in N.D.A.C. ch. 4-12-10. The Bidder’s authorized representative may make a written request to withdraw the Bid Response.

http://www.legis.nd.gov/information/acdata/pdf/4-12-14.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf

SECTION 2

EVALUATION AND AWARD

1. Award. Award will be made to the responsible Bidder with the lowest priced Bid Response that is responsive to the specifications and all other requirements stated herein. Award will be made as follows:

• All or none.

2. Award – Preference Laws. If Bid Responses are received from nonresident (out-of-state) Bidders, the

Procurement Officer will apply reciprocal preference, if applicable, in accordance with N.D.C.C. §44-08-01. See Guidelines to North Dakota Purchasing Preference Laws.

3. Award – Tie Bid Response Preference. After applying any reciprocal preference, if a tie occurs between two or more Bidders with equal Bid Response prices or offerors with identical evaluation scores:

a. Preference must first be given to Bid Responses submitted by resident North Dakota vendors. (N.D.C.C. § 44-

08-01.1)

b. If a tie remains, preference is given to approved vendors on the Bidders List. (N.D.C.C. § 54-44.4-09(4))

c. If a tie still remains, award shall be made in accordance with N.D.A.C. § 4-12-11-05.

4. Late Bid Responses. Bid Response responses must be received by the Procurement Officer by the Bid Response deadline. Late Bid Responses will be rejected, regardless of the degree of lateness, unless the delay is due to the error of the Procurement Officer and discovered before the selection of the successful Bidder. (N.D.A.C. § 4-12-08- 13)

5. Responsiveness of the Bid Response. Any Bid Response that does not meet the requirements of the solicitation, other than mistakes determined to be minor informalities, will be rejected. (N.D.A.C. § 4-12-11-03)

6. Minor Informalities. The STATE reserves the right to waive minor informalities in Bid Responses. Minor informalities are insignificant omissions or nonjudgmental mistakes that are matters of form rather than substance, evident from the Bid Response document, with a negligible effect on price, quantity, quality, delivery, or contractual conditions that can be waived or corrected without prejudice to other Bidders. (N.D.A.C. ch. 4-12-10)

7. Mistakes. The Procurement Officer may confirm the Bid Response in the event of apparent errors, such as an unreasonably priced Bid Response. Mistakes will be handled in accordance with N.D.A.C. ch. 4-12-10.

8. Responsibility of the Bidder. The Procurement Officer, at any time, may make a supplementary investigation as to the responsibility of any Bidder, even though the Bidder may be on the Bidders List. If a Bidder is determined to be not responsible, that Bid Response will be rejected even if it is the lowest Bid Response, and the Bidder may be debarred or suspended from the Bidders List. (N.D.A.C. § 4-12-11-04)

9. Rejection. The STATE reserves the right to reject any and all Bid Responses in whole or in part. The Procurement

Officer will send a rejection notice, including the reason for rejection. Bid Responses will be rejected if:

a. the Bid Response is determined to be not responsive to the instructions, specifications, and other requirements of the solicitation, other than mistakes or omissions determined to be minor informalities;

b. the Bid Response is determined to be late;

c. the Bidder fails to comply with Bidders List Application requirements by the stated deadline;

d. the Bidder is determined to be not responsible, in accordance with N.D.A.C. § 4-12-11-04;

e. the Bid Response is not legible.

If all Bid Responses are rejected, the Procurement Officer will send written notice to Bidders, including the reason all Bid Responses were rejected. (N.D.A.C. § 4-12-11-09) http://www.legis.nd.gov/cencode/T44C08.pdf https://www.nd.gov/omb/agency/procurement/reciprocal-preference http://www.legis.nd.gov/cencode/T44C08.pdf http://www.legis.nd.gov/cencode/T44C08.pdf http://www.legis.nd.gov/cencode/t54c44-4.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-08.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-08.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-10.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-11.pdf

SECTION 3

SPECIAL TERMS AND CONDITIONS

1. State Contract. The contract resulting from this solicitation will be a State Contract made available to North Dakota state agencies and institutions.

2. Cooperative Purchasing. This contract is a cooperative purchasing contract established pursuant to N.D.C.C § 54-44.4-13. This contract is made available to state entities, institutions under the jurisdiction of the State Board of Higher Education, other government entities (including counties, cities, townships, public primary and secondary educational entities, governmental boards and commissions), nonprofit entities established on behalf of public entities, tribal agencies, transportation providers under N.D.C.C § 39-04.2, and the International Peace Garden (hereafter known as “Ordering Agencies”). Participation in this open-ended contract is not mandated; therefore, the estimated volume of this contract is not known. CONTRACTOR may contact the Procurement Officer for assistance in determining whether an entity is eligible to purchase under this contract.

3. Term of the Contract. The term of the contract issued as a result of this solicitation will be as follows:

a. Contract Period. This Contract term (Term) begins on October 31, 2022 and ends on October 31, 2023.

b. No Automatic Renewal. This Contract will not automatically renew.

c. Extension Option. STATE reserves the right to extend this Contract for an additional period of time, not to exceed twelve (12) months, beyond the current termination date of this contract.

d. Renewal Option. STATE may renew this Contract upon satisfactory completion of the initial Contract Term.

STATE reserves the right to execute up to four (4) options to renew this Contract under the same terms and conditions for a period of twelve (12) months each.

4. Billing Address. After delivery of commodities or services under contract, the CONTRACTOR must submit a correct invoice. Payment will be made after inspection and acceptance.

• Invoices must be addressed to the Purchasing Agency. All invoice and payment inquiries must be directed to the Purchasing Agency.

5. Contract Amendment – Unanticipated Amendment. After a binding contract has been entered into, no changes may be made, unless prior written approval has been obtained from the Purchasing Agency through execution of a contract amendment. The Contractor may request changes, such as substitutions of a product, by submitting a written request to the Procurement Officer. Unanticipated amendments must be within the scope of the original contract, authorized by the terms of the contract and due to legitimate, unforeseen circumstances. (N.D.A.C. ch. 4- 12-13)

6. Contract Estimated Volume. The volume of this contract is estimated. Estimates are not to be considered as either a minimum or maximum, but rather an estimate based upon past and anticipated usage. The CONTRACTOR or CONTRACTORs will be required to furnish actual requirements upon receipt of an order. This contract will not include items of a similar nature, which must be bought for emergency use.

7. Contract Sales Reports. The CONTRACTOR must maintain records of sales under the contract and furnish volume of sales information to the Procurement Officer. The CONTRACTOR must furnish reports listing all purchases made by all government entities using this contract. The report must be furnished within 5 days after the request by the Procurement Officer.

The report format will be determined by mutual agreement of the CONTRACTOR and the Procurement Officer.

8. Ordering Website. CONTRACTOR will be required to establish a secure website for online ordering under this contract. The ordering website must be limited to commodities offered under this contract.

9. Order Confirmation. The CONTRACTOR must confirm the receipt of orders by communicating with the Ordering Agency within 1 working day of the order placement.

http://www.legis.nd.gov/cencode/t39c04-2.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-13.pdf http://www.legis.nd.gov/information/acdata/pdf/4-12-13.pdf

10. Delivery Time Required. The CONTRACTOR must meet the specified delivery requirements. If delivery cannot be made within the specified time, the CONTRACTOR must notify the Ordering Agency in writing of the delay and the approximate date delivery may be expected. The expected delivery date must be updated promptly. Delivery failures may result in termination of the contract.

• Delivery must be made within 4 days after the CONTRACTOR receives an order from the Ordering Agency by issuance of a contract or purchase order or use of a purchasing card.

• Delivery cut off times for the day must allow orders to be placed and be shipped up to 3:00 P.M.

• State must receive notice 14 days prior to any planned closure that influences the Contractor’s ability to receive and ship orders.

11. Delivery Location - F.O.B. Point and Freight. Delivery, freight, and passage of title shall under this contract shall be as follows:

• F.O.B. Destination to any North Dakota location. All freight and handling is to be included in the item price.

Title will pass to Ordering Agency upon delivery to the specified destination. The CONTRACTOR will file any claims.

13. New Equipment and Materials. Unless otherwise indicated in the detailed specifications of this solicitation, all equipment and materials shall be new and under current production for use in the United States.

14. Inspection and Acceptance or Rejection. The STATE reserves the right to conduct inspections and investigations related to the Bidder and the offered commodities or services, including but not limited to the firm, personnel, qualifications, and the commodities and services offered to make determinations regarding compliance with the Bid Response requirements and responsibility of the Bidder. All material and workmanship are subject to inspection and testing by the STATE at the point of manufacturer, place of storage, or upon receipt. The STATE reserves the right to reject any commodities or services and terminate the contract if the CONTRACTOR fails to comply with the specifications, terms and conditions, or the seller’s express or implied warranties. Rejected commodities will be removed at the CONTRACTOR’s expense. Failure to satisfactorily perform may result in suspension or debarment from the Bidders List.

If commodities or services are rejected as being not compliant with the requirements of this solicitation, the STATE will inform the CONTRACTOR in writing. The Purchasing Agency may provide the CONTRACTOR with a reasonable opportunity to cure, whenever practicable, as set forth in writing by the Purchasing Agency.

15. Invoicing.

Orders will be placed by state agencies and institutions.

16. Pricing – Tax Exempt. All prices must be in United States currency. Bid Response prices must include all discounts and deductions, and to be less federal and state taxes. Bidders may contact the Procurement Officer to obtain the Purchasing Agency’s tax exemption number and tax-exempt certificate.

17. Price Adjustment. Pricing during the term of the contract will be as follows:

• Pricing, Firm-Fixed with Adjustment Provisions. Pricing shall be firm for the first 6 months of the contract period. After the firm-fixed period, the CONTRACTOR may submit a request for a price increase to the Procurement Officer. Requests for a price increase must include a copy of the manufacturer's official notice or other evidence that the increase or decrease is applicable to all customers. The STATE reserves the right to accept or reject, within 30 days, or cancel the contract. The CONTRACTOR shall immediately inform the STATE of any price decreases. Price changes will become effective upon execution of a contract amendment.

All orders placed are to be billed at prices in effect at the time of the order, not the date the shipment is made.

18. Pricing, Unit of Measure. The unit prices is to be according to the unit of measurement specified in the solicitation. In the event of mathematical differences between the unit price and extended total, the unit price will prevail. (N.D.A.C. § 4-12-10-02)

19. Background Checks for CONTRACTOR Personnel. The Purchasing Agency requires all background checks to be performed on all CONTRACTOR Personnel who will access the facility. CONTRACTOR shall provide the Procurement Officer with the names of all individuals that will have access to the premises along with background checks for each individual for approval by the Purchasing Agency. This information must be received prior to the CONTRACTOR Personnel attempting to access the facility, and the CONTRACTOR must receive confirmation of approval. CONTRACTOR will be responsible for notifying the Procurement Officer or designee if any CONTRACTOR Personnel changes and provide background checks for any new CONTRACTOR Personnel.

Under no circumstance shall any CONTRACTOR Personnel have access to the facility without a background check and approval by the Purchasing Agency. All background check and supporting documentation shall be provided through the North Dakota Bureau of Criminal Investigation. The cost of the background checks will be the CONTRACTOR’s responsibility. At any time during the contract period, the Purchasing Agency may request the CONTRACTOR to provide updated background checks of any CONTRACTOR Personnel that have access to the premises.

20. OEM Toner Cartridge Warranty and Returns.

The respective OEM warranty shall apply for defective product and damages caused by toner cartridges. All product supplied to the State must meet current OEM specifications. In no case shall the Contractor place restrictions on the return period. All items will be allowed to be returned to the vendor within 90 days from the date of purchase.

21. Printer Damage Claims.

A. Printer damages will be the responsibility of the Contractor; if claims can be made that the toner cartridge or related products in this contract caused damage. The State will make the final determination of the claim.

B. Contractor will not warranty defects caused by the end user negligence, alternation, accident or misuse, failure to operate the printer according to manufacturer’s specifications, or failure to properly install the cartridge.

C. If a determination is made that the toner or printer product caused damage, the Contractor shall provide one of the following two remedies listed below:

1. A competent service technician will be sent to assess repairs for the printer.

a. The service technician must:

Be certified to perform repairs on designated printer OEM equipment.

Be on site no later than 2 business days after notification. Provide service during normal business hours of 8 a.m. to 5 p.m., Monday through Friday, with the exception of national and state holidays.

Resolve the problem on site or otherwise inform the purchasing agency contact of the status/timeframe of the solution to repair the printer.

Maintain a service log to verify response and the nature of cartridge problems to be sent to the State within 5 days following completion of the service work.

b. Contractor will come to an agreement for reimbursement of any printer service performed due to the Contractor’s printer product damage or abnormal wear to any part of the printer on printer damages with the purchasing agency

2. Contractor will replace printer or purchase it at fair market value if one of their cartridges damages the printer beyond repair within 30 days.

22. OEM Toner Cartridge Requirements.

Bidders must be authorized resellers of toner products being supplied to the State. New OEM toner cartridges shall meet or exceed the following requirements:

A. ISO standard for monochrome toner cartridge yield (ISO/IEC 24711, 24712 and ISO/IEC 19752) must be met by bidder for measuring cartridge yield and monochrome toner cartridge yield respectively. Packaging standards, International Safe Transit Association (ISTA).

B. Mono Toner (black and white laser printers) – ISO 19752 Methodology and Test Targets.

C. Color Toner (color laser printers) – ISO 19798 Methodology using ISO 24712 Test Suite, but ISO also allows the optional use of the ISO 19752 test target to test pure monochromatic printing.

D. Color Ink - ISO 24711 Methodology using the same ISO 24712 Test Suite that is used for color toner and the optional use of the ISO 19752 test target if someone wants to look at pure monochromatic printing.

23. Counterfeit Products, Grey Market Products or Non-current Toner Products.

• In no case shall any toner cartridge, printer product or components that would be considered in the judgment of State to be counterfeit, grey market or non-current products be shipped to State by any contractor or distributor. OEM representatives will be allowed to inspect shipped products at any time during the contract and in their sole judgment may reject, request replacement or refund product to the State.

• State reserves the right to request bidder to provide distribution sources for OEM quality assurance.

• Actions by the State as a result of a contractor shipping or delivering suspected grey market, counterfeit, or non-current toner cartridges or any related accessory product or component may include bidder debarment and termination of the contract.

24. Samples and Testing.

A. Samples are not required to be submitted with the bid response, but may be requested by State at any time during the contract or before contract award. If requested, samples must be furnished at no cost to State, including all shipping costs, within 5 business days of the request.

B. If samples are requested, all samples must be marked to show (1) bidder's name, (2) bid number and title,

(3) bid item number. The bidder may send a prepaid return label or on-site pickup within 10 days of notice from the State of availability after testing. Samples not retrieved as specified will become the property of State.

25. Toner Cartridge Packaging.

All commodities and equipment are to be delivered and packaged strongly and securely according to accepted commercial practices and ISTA, International Safe Transit Association. It is preferred that packing be composed of recycled materials, when possible.

A. The external carton shall identify toner cartridge type (make and model) and purchase order or order number. Contractor shall clearly identify each toner cartridge with OEM manufacturer’s toner model number.

B. The toner cartridge shall be placed in a factory heat-sealed or zip locked anti-static moisture proof bag.

The toner cartridge shall then be placed in a protective cradle prior to being packaged in an external carton. If the bag seal is broken or the toner cartridge is leaking upon receipt, the toner cartridge will be rejected and returned to contractor for replacement.

C. The external carton and packaging shall protect the toner cartridge from damage during shipping. To the maximum extent practicable, the protective cradle, external carton and packaging shall be recyclable, reusable and/or contain recycled material. No damaged or opened cartons will be accepted.

26. Toner Cartridge Installation Instructions.

Contractor shall provide concise toner cartridge installation instructions with every toner cartridge. The instructions shall contain directions for toner cartridge and fuser wand replacement (where applicable), directions for returning empty toner cartridges for remanufacturing, return label or procedure directions in the carton, and telephone customer service contact information if the toner cartridge is found to be defective or technical assistance is required.

27. Return of Spent Toner Cartridges.

A. Contractor shall arrange for return of all spent toner cartridges that correspond to the types and amount of toner cartridges sold to the State by the Contractor within this contract. No return freight or other fees for spent cartridge will be charged to the State. Return of spent toner cartridges may be accomplished by site pickup or provided prepaid return label. Failure or refusal to pick up spent cartridges may result in contract termination and the contractor being debarred.

B. A prepaid return label is preferred to be included in the shipping package for ease of the pre-paid of the toner cartridges.

C. On site pick up of spent toner cartridges must be made during the State’s regular business hours and within no more than ten calendar days allowed following a request for pickup of spend toner cartridges.

28. Defective Toner Cartridge Replacement and Returns.

A. State reserves the sole right to reject any product as defective and require replacement by the Contractor to arrive promptly following the request. The State will notify the Contractor for replacement of defective product by phone, email or fax. The Contractor will promptly acknowledge the request and solely manage the replacement of the product and shipment to the State. State may choose to have a complete credit issued for the defective toner cartridge, in lieu of replacement.

B. The method and expense of conducting returns for all defective toners or related product sold within this contract shall be the sole responsibility of the awarded contractor. No return freight or other fees for returns or replacement may be charged to the State. Contractor will arrange for shipping of replacement and return of the defective toner cartridge.

C. The Contract shall retrieve the defective product promptly. Contractor will provide a pre-paid return shipping label or on-site pickup, as agreed between the Contractor and the State for defective toner products. There shall be no time limitation for replacement of defective product sold during the contract.

D. A diagnostic analysis may be performed by Contractor, to determine the cause of the problem for any toner cartridge returned by State. A defective toner cartridge record shall be available from the Contractor, upon request by State, within 7 days. This report will contain the date of shipment, date of cartridge failure, the name of State Agency and contact, and the resolution of the defective toner cartridge with product number references.

E. Replacement toner cartridges shall be properly marked as ‘replacements’ and identified by the Order Number referenced on the original toner cartridge invoiced.

29. Recycling of Materials, Sustainability. State encourages toner cartridge manufacturers to comply voluntarily with the SAE recommended practice for marking of plastic parts per the latest revision of SAE J1344. Manufacturers are encouraged to use recycled plastics and materials in the manufacture of their products to conserve natural resources, energy and landfill space.

30. Plastics Recycling. State encourages manufacturers to comply voluntarily with the SAE recommended practice for marking of plastic parts per the latest revision of SAE J1344. All plastic components furnished to this specification should have an imprinted SAE symbol identifying the resin composition of the component so that the item can be recycled after its useful life. Manufacturers are encouraged to use recycled plastics and materials in the manufacture of their products to conserve natural resources, energy and landfill space.

31. Contract Representative and Customer Service. The bidder must provide a dedicated service representative and a high level of customer service support for the state users of this contract. Customer service and support may be provided through a group of contractor employees.

• Customer service will be available to respond promptly, and provide service for customer inquiries on ordering, tracking shipping, returns, invoicing, toner cartridge problems, and other concerns related to customer service and support.

32. HP Big Deal. Qualified resellers and distributors can contact Nick Jensen at nicholas.jensen@hp.com for HP Big

Deal pricing. The HP Big Deal pricing for this IFB is available on September 26, 2022.

33. REQUIRED BID RESPONSE FORMS: TONER AND PRINTER PRODUCTS:

• ATTACHMENT 1- NEW OEM LASER & INKJET BID RESPONSE FORM

mailto:nicholas.jensen@hp.com

SECTION 4

RISK MANAGEMENT REQUIREMENTS

Bidders are instructed to review the following provisions. Objections to these provisions must be made in writing to the Procurement Officer by the deadline for questions.

1. Indemnification. Indemnification provisions are incorporated and made part of this solicitation and resultant contract.

The State and Contractor each agrees to assume its own liability for any and all claims of any nature including all costs, expenses and attorneys' fees which may in any manner result from or arise out of this agreement.

2. Insurance. Insurance provisions are incorporated and made part of this solicitation and resultant contract.

Bidders are instructed to review the Insurance Requirements. The Successful Bidder will be required to provide the required proof of insurance prior to contract award, and failure to provide evidence of insurance coverage is a material breach and grounds for award rescission. Failure of the CONTRACTOR to keep the required insurance in effect during the term of the contract is grounds for termination of the contract.

Contractor shall secure and keep in force during the term of this agreement, from insurance companies, government self-insurance pools or government self-retention funds, authorized to do business in North Dakota, the following insurance coverages:

• Commercial general liability, including premises or operations, contractual, and products or completed operations coverages (if applicable), with minimum liability limits of $2,000,000 per occurrence.

• Workers compensation coverage meeting all statutory requirements.

The insurance coverages listed above must meet the following additional requirements:

• This insurance may be in policy or policies of insurance, primary and excess, including the so-called umbrella or catastrophe form and must be placed with insurers rated “A-” or better by A.M. Best Company, Inc., provided any excess policy follows form for coverage. Less than an “A-” rating must be approved by the State. The policies shall be in form and terms approved by the State.

• The Contractor shall furnish a certificate of insurance to the undersigned State representative prior to commencement of this agreement.

• Failure to provide insurance as required in this agreement is a material breach of contract entitling State to terminate this agreement immediately.

• Contractor shall provide at least 30-day notice of any cancellation or material change to the policies or endorsements. An updated, current certificate of insurance shall be provided in the event of any change to a policy.

STATE OF NORTH DAKOTA

BID ACCEPTANCE AND CONTRACT AWARD

The parties to this contract (Contract) are the state of North Dakota, acting through the Purchasing Agency (STATE), and the above-named Bidder (CONTRACTOR). This Contract is not effective until fully executed by both parties. If no start date is specified in the Term of Contract, the most recent date of signatures of the parties shall be deemed the Effective Date.

NOTICE. All notices or other communications required under this Contract must be given by registered or certified mail and are complete on the date postmarked when addressed to the parties identified herein. Notice provided under this provision does not meet the notice requirements for monetary claims against the STATE found at N.D.C.C. § 32-12.2-04.

Acting through its Purchasing Agency:

BY: (Signature)

Printed Name:

Title:

Date:

State Procurement Office

Abigail Dschaak

Procurement Officer

11/2/22

SECTION 6

CONTRACT TERMS AND CONDITIONS

1. Scope of Work. CONTRACTOR, in exchange for the compensation paid by STATE under this Contract, shall provide the commodities and services described in this solicitation.

2. Compensation.

a. Contractual Amount

STATE shall pay for the accepted services provided by CONTRACTOR under this Contract an amount not to exceed the amount indicated on the Bid Response form (Contractual Amount). The Contractual Amount is firm for the duration of the Contract and constitutes the entire compensation due CONTRACTOR for performance of its obligations under this Contract, unless amended, regardless of the difficulty, materials or equipment required, including fees, licenses, overhead, profit and all other direct and indirect costs incurred by CONTRACTOR, except as provided by an amendment to this Contract.

b. Payment

1) Payment made in accordance with this Compensation section shall constitute payment in full for the services and work performed and the deliverables and work(s) provided under this Contract and CONTRACTOR shall not receive any additional compensation hereunder.

2) STATE shall make payment under this Contract within forty-five (45) calendar days after receipt of a correct invoice.

3) Payment of an invoice by STATE will not prejudice STATE’s right to object to or question that or any other invoice or matter in relation thereto. CONTRACTOR's invoice will be subject to reduction for amounts included in any invoice or payment made which are determined by STATE, on the basis of audits conducted in accordance with the terms of this Contract, not to constitute allowable costs. At STATE’s sole discretion, all payments shall be subject to reduction for amounts equal to prior overpayments to CONTRACTOR.

4) For any amounts that are or will become due and payable to STATE by CONTRACTOR, STATE reserves the right to deduct the amount owed from payments that are or will become due and payable to CONTRACTOR under this Contract.

3. Prepayment. STATE will not make any advance payments before performance by CONTRACTOR under this Contract.

4. Payment of Taxes by State. STATE is not responsible for and will not pay local, state, or federal taxes. STATE will furnish certificates of exemption upon request by the CONTRACTOR.

5. Purchasing Card. STATE may make a payment using a government credit card. CONTRACTOR will accept a government credit card without passing the processing fees for the government credit card back to STATE.

6. Termination.

a. Termination by Mutual Agreement

This Contract may be terminated by mutual consent of both parties executed in writing.

b. Early Termination in the Public Interest

STATE is entering into this Contract for the purpose of carrying out the public policy of the State of North Dakota, as determined by its Governor, Legislative Assembly, Agencies and Courts. If this Contract ceases to further the public policy of the State of North Dakota, STATE, in its sole discretion, by written notice to CONTRACTOR, may terminate this Contract in whole or in part.

c. Termination for Lack of Funding or Authority

STATE by written notice to CONTRACTOR, may terminate the whole or any part of this Contract under any of the…