2020-459 RFP Electronic Scanners for Vote Tabulation.doc

CITY OF GARDNER

REQUEST FOR PROPOSALS (RFP)

for

ELECTRONIC SCANNERS FOR VOTE TABULATION

#2020-459 March 2020 Contact Information

Clarification and interpretations of this Request for Proposals must be requested in writing to:

Joshua Cormier, Chief Procurement Officer 95 Pleasant Street, Room 217

Gardner, MA 01440

Email: jcormier@gardner-ma.gov

CITY OF GARDNER

PURCHASING DEPARTMENT

REQUEST FOR PROPOSALS

ELECTRONIC SCANNERS FOR VOTE TABULATION

#2020-459 Required Submission Date

Tuesday, March 31st, 2020 at 11:00 am

Issue date: March 16th, 2020

TABLE OF CONTENTS

SEGMENT

PAGE NUMBER

Joshua Cormier

Chief Procurement Officer

95 Pleasant St., Room 217

Gardner, MA 01440

978-632-0426 jcormier@gardner-ma.gov

CITY OF GARDNER

PURCHASING DEPARTMENT

REQUEST FOR PROPOSALS

ELECTRONIC SCANNERS FOR VOTE TABULATION

#2020-459

Sealed proposals will be received at the office of the City Purchasing Agent, Room 217 City Hall, Gardner, MA until Tuesday, March 31st, 2020 at 11:00 am and at that time and place opened. A register of proposers will be created at the time of the opening.

As we are all aware, Governor Charles Baker has declared a state of emergency in Massachusetts to support the state’s response to Coronavirus. People should use their own judgment if they wish to attend meetings and events where there will be crowds. If you are ill or symptomatic you should not attend. At the present time, City meetings will continue to be held and open to the public as required by law, and the City can make no assurance of safety or assistance in preventing the transmission of illness.

The City of Gardner is seeking qualified vendors to submit proposals for electronic scanners for vote tabulation in accordance with the specifications set forth.

All proposals shall be sealed, addressed to the Chief Procurement Officer, City of Gardner, 95 Pleasant Street, Gardner MA 01440. One original and five (5) copies, plus one electronic file, of the technical proposal, is required. One (1) original plus one electronic file of the price proposal is required.

Proposers shall submit separate price and non-price (technical) proposals. The price proposal must be signed, placed in a sealed envelope. The price proposal must be submitted on the form provided in the RFP. This envelope is to be clearly marked with the Proposer’s name, due date and titled City of Gardner RFP 2020-459 Electronic Scanners for Vote Tabulation – Price Proposal.

The non-price (technical) proposals shall be signed, placed in a separate sealed envelope. All pages that require signatures must be signed where appropriate and submitted as part of the non-price proposal. This envelope is to be clearly marked with the Proposers name, due date and titled City of Gardner RFP 2020-459 Electronic Scanners for Vote Tabulation – Technical Proposal.

Bidding procedure and award shall be subject to the provisions of Chapter 30B of the General Laws of the Commonwealth, including all current amendments.

This contract will be awarded only to the responsive and responsible bidder whose proposal meets all of the requirements and offers the most advantageous proposal. The City of Gardner reserves the right to waive any informalities, to accept or reject, in part or in whole, any and all proposals or to take whatever action would be in the best interest of the City of Gardner. Proposals are to remain firm for at the minimum of sixty (60) days following the opening of proposals.

Specifications, Terms and Conditions and Proposal Forms may be obtained from the City website at www.gardner-ma.gov under Bid Opportunities.

City of Gardner by Joshua Cormier

Chief Procurement Officer

To appear in the Gardner News

March 16th, 2020

SECTION 1 – PROJECT OVERVIEW

The primary objective of this Request for Proposals is to seek qualified proposals for the provision of twelve scanners for vote tabulation and to replace older equipment. Updating the vote tabulation process allows both a better customer experience and a more efficient process. Through this procurement, the City intends to review a selection of the vote tabulation units as well as associated training, hardware/software support services, election night results reporting software and post-election auditing and recounts software. Trade-in of the old equipment will be required as a part of this RFP.

The City of Gardner anticipates that it will award one contract as a result of this RFP.

The City of Gardner has determined that price, although significant, is not the sole basis for decision making when considering the specialized experience of Vendors, their commitment to quality customer service, as well as the range of product suitability and quality. For these reasons, the City of Gardner believes that the RFP process will best achieve this end.

1.1 General Information

The City of Gardner is seeking responses from qualified vendors for the provision of twelve electronic scanners for vote tabulation to replace old equipment.

Proposal Due Date:

March 31st, 2020 at 11 am Proposal Subject:

Electronic Scanners for Vote Tabulation

RFP Number:

2020-459 RFP Availability:

The RFP may be obtained on March 16th, 2020 and until the due date by visiting www.gardner-ma.gov and searching Open Bids under Bid Opportunities.

Return RFPs to:

Joshua Cormier, Chief Procurement Officer

95 Pleasant Street, Room 217

This procurement conforms to the requirements of M.G.L. c. 30B.

Please read the entire document before responding or submitting questions.

1.2 General Submission Requirements

Competitive sealed proposals for the goods and services specified will be received by the City of Gardner, at the above specified location, until the time and date cited. Faxed or emailed submissions will not be accepted. Late proposals will not be considered.

All vendors must submit all materials requested in accordance with the exact specifications of this request for proposals and in the order and format requested, in order to be considered complete and responsive. Vendors whose proposals are complete and meet the minimum quality requirements and general proposal requirements does not mean that a vendor will be selected for the project.

It is mandatory that price and technical proposals be submitted in separate sealed envelopes. Failure to submit proposals in separate sealed envelopes will result in rejection of the proposal. Proposals must include the following:

· One original price proposal and one electronic copy of the price proposal on a CD/DVD or USB memory stick in a sealed envelope, clearly marked with the words: “City of Gardner #2020-459 Electronic Scanners for Vote Tabulation – Price Proposal” as well as the Proposer’s name and due date. Please use the Price Proposal page provided in this RFP (Section 9).

· One original technical proposal, five (5) hard copies, and one electronic copy of the technical proposal on a CD/DVD or USB memory stick, in a sealed envelope or box clearly marked with the words: “City of Gardner Electronic Scanners for Vote Tabulation – Technical Proposal” as well as the Proposer’s name and due date.

1.3 Key Project Dates and Schedule

The following are target dates for tasks to be completed.

03/16/2020 RFP Issued

03/16/2020 Advertise in The Gardner News, COMMBUYS and on the City Website

03/25/2020 Last day for questions

03/31/2020 Responses Due

04/14/2020 Committee recommends finalists

TBD/2020

Committee interviews finalists, if applicable

Committee recommends award of contract

Receipt of Electronic Scanners for Vote Tabulation Proposals must include the signed forms provided in this RFP.

1.4 Minimum Qualifications

A. System proposed must meet or exceed U.S. Election Assistance Commission standards.

B. System proposed must have an active certification letter issued by the Secretary of the Commonwealth of Massachusetts. (A copy of the certification will be required as part of the bid package.)

SECTION 2 – PROPOSAL SUBMITTAL INSTRUCTIONS

2.1 Instructions to Proposers

a. The City of Gardner may cancel this RFP in whole or in part, or may reject all submittals, or may procure only some of the products and/or services outlined in this RFP when such action is determined to be fiscally advantageous to the City of Gardner, or if it is otherwise in the best interest of the City of Gardner.

b. The City of Gardner may request that supplementary information be furnished to assure the City of Gardner that a proposer has the technical competence, the business and technical organization, and the financial resources adequate to successfully perform the necessary work.

c. Questions or clarifications rising from these documents shall be submitted to the Purchasing Agent in writing and in accordance with Key Project Dates and Schedule.

d. Each proposer shall acknowledge receipt of any and all addenda issued to the RFP by so indicating in the Cover Letter/General Response. Failure to do so shall be cause to reject the submittal.

e. Proposers may correct, modify, or withdraw the original submittals on or before the date and time as stated in the legal advertisement. Corrections or modifications shall be in sealed envelopes, clearly marked to indicate the contents, with the name and address of the proposer. Any late corrections or modifications to the submittal will not be accepted. A proposer who wishes to withdraw a submittal must make a request in writing.

f. Each proposer shall be presumed to have read and be thoroughly familiar with these documents. Unfamiliarity with documents shall in no way relieve any obligation in respect to submittal.

g. It is understood that the proposer’s submittal will remain valid for 90 days past the submission deadline. The successful proposer’s submittal shall be attached hereto and become a part of the Agreement between the City of Gardner and the proposer the same as though therein written out in full.

h. The proposer’s attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over these services shall apply to the Agreement throughout, and they shall be deemed to be included in the contractual Agreement the same as through herein written out in full.

i. It is understood that the proposer has submitted the Proposal submittal in good faith and without collusion or fraud with any other individuals, firms or corporations in creating the Proposal submittal to subvert the market process. See attached Certificate of Non-Collusion.

j. All costs involved in preparing the Proposal submittal will be borne by the proposer; the City of Gardner will not be liable for any costs associated with the creation of the Proposal submittal. The proposer shall be familiar with all state, local and other laws relating to this type of work and shall obtain all permits required and shall pay all expenses for same.

k. All responses are to include a statement that the Proposal submittal is in accordance with this Request for Proposals and that the proposer has read and understands all sections and provisions herein. Exceptions, if any, are to be clearly stated.

l. Proposal submittals, which are incomplete, conditional or obscure, will be rejected. No award will be made to any proposer who cannot satisfy the Awarding Authority that he/she has sufficient ability and sufficient capital to enable him/her to meet the requirements of these specifications. The Awarding Authority’s decision or judgment on these matters shall be final, conclusive and binding.

m. Any Proposal submittal received after the due date and time stated in the legal advertisement will be deemed non-responsive and shall be returned unopened to the proposer.

n. Evaluation of the submitted proposals will be conducted by the Purchasing Agent. The judgment of the evaluators will be based will be based upon the evaluation criteria set forth in this RFP and shall be final.

o. The submittals will be opened on the date and at the time state and the name of the proposer will be read and recorded. The contents of all submittals will be opened privately and not be disclosed to the public or competing proposers until the evaluation process is completed.

p. Any Agreement resulting from this RFP shall be awarded to the proposer whose submittal is deemed to be the most highly advantageous to the City of Gardner. The evaluators, along with the Purchasing Agent, will determine whether a proposer’s submittal satisfies the requirements of this RFP and whether or not the submittal will prove advantageous to the City of Gardner. The selected proposer is expected to enter into an Agreement, with the City of Gardner, which shall be provided by the City.

q. Response to this Request for Proposals acknowledges the proposer’s acceptance of all sections and requirements of this document. If the proposer’s submittal does not comply with the requirements of this Request for Proposals, or if an item is not understood in any way, a copy of that section of the request for proposals must then be included in the submittal and all its copies must clearly state the deviation, additions, or other comments.

2.2 Questions and Clarifications

Questions requiring clarification shall be submitted, in writing, to the Purchasing Agent only, prior to the deadline stated, in order to afford the City of Gardner adequate time to respond with a correction or additional information prior to the deadline for submission of qualifications. Should it be found necessary, a written addendum will be incorporated into the RFP and will become part of the Agreement. Those who have registered on the City’s website and received a copy of the RFP will be notified of such changes via e-mail or fax. Proposers are responsible for ascertaining that questions have been received prior to the deadline listed. No addenda will be issued later than March 27th, 2020.

2.3 Insurance and Indemnification

The selected firm/individual shall, before commencing performance of the contract, be responsible for providing and maintaining insurance coverage in force for the life of the contract of the kind and in adequate amounts to secure all of the obligations under the contract and with insurance companies licensed to write insurance in the Commonwealth of Massachusetts. All such insurance carried should not be less than the kinds and amounts designated herein, and the contractor agrees that the stipulation herein of the kinds and limits of coverage shall in no way limit the liability of the vendor to any such kinds and amounts of insurance coverage. Under all insurance coverage, required or not by the City, the provider shall indemnify and defend and hold harmless the City of Gardner, its elected or duly appointed officers, directors and employees, against liability, losses, damages or expenses (including legal expense) resulting from any claim based upon negligent or intentional acts or omissions of the provider, its employees or its agents in providing its services to employees of the City of Gardner or their dependents pursuant to the agreement.

Proposer will indemnify and save harmless the City of Gardner and its employees against any and all claims for damages on account of personal injury, death and/or property loss by any act of omission due to negligence of the Proposer, its agents, or employees, to any property of or under the control of the City of Gardner during the term of, or any extension of the resultant agreement, and in case of any action or actions or other legal proceedings which shall be brought or instituted against the City of Gardner on account of any such claims, Proposer shall indemnify and save harmless the City of Gardner. However, should the claim be due to the negligence of the City of Gardner, and/or its employees, Proposer will be held harmless.

If, at any time while this contract is in effect, any of the above insurance coverages should lapse, the Contractor shall immediately notify the City of Gardner.

2.4 Interview

At the discretion of the City of Gardner, an applicant selected as a candidate for an Agreement may be required to interview prior to Contract Award. This interview will be used to further enhance the selection process. Reimbursement for expenses incurred for this interview will not be forthcoming to either awarded proposer or any other candidate asked to be interviewed.

2.5 Licenses and Permits

Proposer is responsible for attaining and holding, in good standing, all relevant licenses/certificates associated with completion of this project. Evidence of these requirements is to be provided with submittal. Licenses must be in force throughout the terms of the services as contractually agreed upon.

2.6 Miscellaneous Information

All records, data files, computer records, work sheets, deliverable products, both complete and incomplete, and all other types of information prepared or acquired by the proposer for delivery to the City of Gardner shall be, and will remain, the property of the City of Gardner.

The Proposer agrees to use this information only as required in the performance of this Agreement and will not, before or after the completion of this Agreement, otherwise use said information, or copy, nor reproduce the same in any form except pursuant to the sole written instructions of the City of Gardner.

SECTION 3 – PRODUCTS

3.3 General Requirements

All products must be new and fully serviceable, and suited to their intended use consistent with the manufacturers’ specifications and representations, and any additional representations made by the vendor.

Used and refurbished items will not be accepted without the prior written consent of a representative of the City of Gardner or the City’s Purchasing Agent. Pricing for such items must be further discounted from contract prices and agreed to by buyer, in writing, prior to shipping. Buyer may reject deliveries of such items if not satisfied with their delivered condition.

3.4 Additional Equipment and Services

Any additional equipment or services not itemized in the specifications list, but are required for use in the vendor’s product, and would generate an additional cost to the City, must be specified in the proposal submittal.

SECTION 4 – RFP PROCESS

4.1 Overview

This procurement process is comprised of the following elements:

· This solicitation

· Receipt of Proposals

· Qualification of Proposers

· Evaluation of Proposers and Technical Proposals

· Product Presentations, if applicable

· Evaluation of Price Proposals

· Determination of Award

· Contract Executions

· Program Implementation

· Contract Extension, if applicable

While it is the intention of the City of Gardner to award one contract as a result of this solicitation, the City of Gardner reserves the right to cancel all or any part of this solicitation if, in its judgment, doing so is in the best interest of the City of Gardner.

4.2 Procurement Timeline

1. Advertise in the Gardner News

March 16th, 2020

2. Advertise on COMMBUYS

3. Post to the City of Gardner’s Website

4. RFP Available

March 16th, 2020 – March 31st, 2020

5. Last Date to Submit Written Questions

March 25th, 2020

6. Last Day Addenda Issued

March 27th, 2020

7. Proposal Due Date

March 31st, 2020

8. Product Presentations

TBD – April, 2020

9. Anticipated Notice of Award

TBD – April 2020 All questions and other communications related to this RFP should be directed to Joshua Cormier, Chief Procurement Officer of the City of Gardner, at jcormier@gardner-ma.gov or 978-632-0426.

4.3 Rule for Award

The City of Gardner has determined that identification of the most highly advantageous proposal for the good and services called for in this RFP requires comparative judgement of factors in addition to cost. A contract will be awarded to the eligible, responsive and responsible vendor whose proposal is determined to be the overall most highly advantageous taking into consideration minimum quality requirements, comparative evaluation criteria, set forth in the RFP, and composite ratings, as well as price.

An Evaluation Committee, selected by the Chief Procurement Officer, will evaluate the proposals and recommend an award to the most responsive and responsible vendor whose proposal was determined to be the most overall highly advantageous of those received. The City of Gardner, as the contracting authority, will make the final determination of award.

Only those Vendors who submit all required forms and materials and whose proposals conform to the requirements set out in this Request for Proposals will be considered responsive. Determination that a Vendor is responsible (i.e. Proposer has the integrity, capability, and reliability to do the work) will be based upon financial stability and an evaluation of references. The City of Gardner reserves the right to perform whatever additional due diligence they deem necessary to determine that the Proposer is responsible including, but not limited to, acting as their own reference.

The City of Gardner may request additional clarifying information from a Proposer during this evaluation process.

The City of Gardner will promptly notify the selected Vendor upon conclusion of the evaluation process. If the City and the selected vendor cannot come to an agreement on contract terms, a contract may be offered to the company offering the next most advantageous proposal.

The City of Gardner is required, by law, to overlook “minor technical formalities” such as misspellings and other non-material errors. The City may, at its sole discretion, waive strict compliance with the RFP requirements that are not required by law, when it determines that so doing is in the best interest of the City. The City is further required to correct arithmetic errors where the intent is obvious, but cannot do so where the intent is not obvious.

4.4 Selection Process

In accordance with M.G.L. Chapter 30B, Technical Proposals must be evaluated by a committee selected by a representative of the City of Gardner. This procurement will employ an evaluation committee. The names of evaluators are not a matter of public record prior to, or during the evaluation process.

Committee members will independently review all proposals that meet the Minimum Quality Requirements listed in this document. They will evaluate the proposals based on the evaluation criteria set out in this document. Each Evaluation Committee member will assign a rating to each evaluation criterion. The committee will then convene to review their evaluations and attempt to arrive at an agreement on composite ratings for each proposal.

The Evaluation Committee will assign each responsive Technical Proposal submitted by Vendors one of the following composite ratings:

· Highly Advantageous

· Advantageous

· Not Advantageous

Proposers may be invited to give product presentations to the Evaluation Committee in person. The City reserves the right to invite select Proposers based on superior evaluations of the Technical Proposals.

After a rating has been determined for each Technical Proposal, the Chief Procurement Officer, or his designee, will open and review the Price Proposals and determine the most highly advantageous Proposals, taking into consideration the composite ratings and price.

In selecting a proposal that is not the lowest in cost, the City of Gardner will explain, in writing, why the added benefits of the selected Proposal justify the higher prices. The evaluation team is permitted to recommend that a contract be awarded to a Vendor if it determines that such an award will best serve the intent of this RFP and the interests of the City of Gardner.

4.5 Contract

A sample copy of the City of Gardner’s standard contract can be found in Section 10 of this RFP. Proposers must be willing to sign the City’s contract. The City will not accept a Proposer’s own terms and conditions.

Contract term will be for the period as set out in Article 6 of Section 10 of this RFP.

The City of Gardner will make all reasonable efforts to award contracts within sixty (60) days of the Proposal Due Date. The time for award may be extended for up to an additional thirty (30) days, for a total of ninety (90) days.

The selected Vendor must return the executed, original contracts, to the City of Gardner within seven (7) business days of their receipt of the contract documents. This RFP document, any Addenda issued, all included forms and requirements, and Vendor’s proposal will be incorporated, by reference, into any resulting Contract.

All relevant correspondence giving rise to obligations of the parties or clarification of the business relationship defined by the aggregation of RFP related documents will also be incorporated by reference into any resulting contract.

Except, as provided elsewhere in this RFP, there will be no change in terms and conditions, proposal prices, or product specifications during the Contract term.

Vendor refusal to execute contracts, or failure to return executed originals within the specified timeframe, without the City of Gardner’s written consent, will result in cancellation of the award and a negative reference regarding future City procurements.

4.6 Notice to Proceed

Upon receipt of executed contracts from Vendor, the City of Gardner will issue a written “Notice to Proceed”. The Vendor will be required to implement, without undue delay, all commitments required by the RFP and their contract.

SECTION 5 – PROPOSAL PREPARATION

5.1 General Requirements

The following general requirements and cautions apply to Proposal preparation.

· For purposes of this RFP, the Proposer is the vendor who submits a proposal in response to this solicitation and will be the party executing a contract.

· Proposals must be received by the City of Gardner, Office of the Purchasing Agent, 95 Pleasant Street, Room 217, Gardner, MA 01440, no later than 11:00 AM on March 31st, 2020, as indicated on the time clock in the Office of the Purchasing Agent.

· Price Proposals and Technical Proposals MUST be submitted in separate, sealed packages. Proposals not meeting this requirement must be rejected automatically.

· Proposers MUST submit all required documents, forms, and materials as instructed in this RFP in the order and format specified and meet the Minimum Quality Requirements in order to be considered responsive. Proposals of the Proposers who have done so, will be evaluated, but are not guaranteed a contract.

· All Proposals MUST contain all originally completed and signed Forms provided in this RFP. Faxed or emailed pages will not be considered.

· The Proposal document MUST be submitted with original ink signatures by the person authorized to sign the Proposal (blue ink is preferred but not required).

· Proposals MUST indicate the responsible entity, which must also be the signatory on all documents.

· Consortiums, joint ventures, or teams submitting proposals will not be considered responsive unless it is established that all contractual responsibility rests solely with one contractor or one legal entity.

· Proposers should be aware that joint responsibility and liability will attach to any resulting contract and failure of one party in a consortium, joint venture, or team, to perform, will not relieve the other party, or parties, of total responsibility for performance.

· All forms MUST be signed by the same authorized person for the Proposer who will be signing the contract.

· Erasures, between the lines insertions or other modifications to a proposal MUST be initialed in original ink by the authorized person signing the proposal.

· Periods of time, stated as a number of days, shall be calendar days unless otherwise indicated.

· It is the responsibility of all Proposers to examine the entire RFP packet and seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a Proposal. Negligence in preparing an offer confers no right of withdrawal after the Proposal Due Date.

· Electronic copies should be submitted on properly labeled portable media (CD/DVD or USB memory stick). Electronic versions MUST mirror paper versions exactly.

· Accuracy and completeness are essential. Omissions and ambiguous or equivocal statements will be viewed unfavorable and will be weighed as such in the evaluation phase.

· Since all, or a portion, of the successful RFP response may be incorporated into any ensuing Contract, all prospective Proposers are further cautioned not to make claims or statements that cannot be subsequently included in a legally binding agreement.

· In all cases where a Proposer offers a product or service, including, but not limited to warranty, that exceeds any standards or specifications or requirements set out in this RFP, such offers will be considered binding obligations requiring performance by the Proposer.

· The City of Gardner assumes no liability for and will not reimburse any costs or expenses incurred by any Proposer (whether selected or not selected) in developing Proposals in response to this RFP.

· Proposals will remain in effect for a period of 60 days from the deadline for submission of proposals, until a contract is executed, or this RFP is canceled, whichever comes first.

5.2 Technical Proposal Preparation

Technical Proposals MUST be submitted in the following required format.

· Sections must be separated using tabbed divider pages.

· Tabbed divider pages must be properly labeled with the required section headings.

· Include all detailed information and supporting documentation necessary to satisfy all requirements of this RFP and enable the evaluation of the Proposals against the Evaluation Criteria.

Proposers are reminded that all information and statements provided will be considered true, accurate, and binding representations of the Proposers intentions and commitment in responding to this RFP. Any such representations constitute legal obligations on the part of the Proposer to perform as stated and that failure to so perform may be used by the City of Gardner as grounds to terminate the contract.

Technical Proposals MUST be divided into the following tabbed parts:

· Part 1 – Introduction/Minimum Quality Requirements

· Part 2 – Qualifications and Experience

· Part 3 – References

· Part 4 – Products

Part 1

· Introduction/Minimum Quality Requirements:

In this Part, Proposer must complete and submit the required forms provided in the RFP in the following order:

· Cover Letter (to be typed on Proposer’s letterhead)

· Proposal Signature Page

· Non-Price Proposal Proposer must also provide the following additional forms or information:

· List of subcontractors, if any, with full contact information.

· Minimum Quality Requirements:

Proposers must meet certain minimum quality requirements in order to be considered for further evaluation and contract award under this RFP.

· State Certification Letter from the Commonwealth of Massachusetts Secretary of State

· Certificate of Non-Collusion

· Certificate of Tax Compliance

· Conflict of Interest Certification

· Certificate of Compliance with MGL Chapter 151B

· Additional Certifications

· Right to Know Law Page

Part 2

· Qualifications & Experience:

In Part 2, Qualifications & Experience, the Proposer must provide the following:

· A description of the experience of the vendor in providing the specified products.

· A descriptive listing of the vendor’s manufacturing and distribution capabilities that enable it to provide the quantities of products possible to be sold.

· A description of the vendor’s product warranties and satisfaction guarantee policy

· A description of the vendor’s service and support organizations and plans.

· A statement as to where products will be manufactured, from where they will be shipped to buyer, and from where invoices will be issued and payments made.

· Financial information sufficient to concisely represent the vendor’s financial stability in easily understood terms.

· A list of specific qualifications the Proposer has in supplying the services listed in this Proposal.

Part 3

· References

In this part, the Vendor shall provide references for a minimum of three (3) contracts/orders with governmental and/or commercial customers that demonstrate recent and relevant past performance of similar scope, size and complexity of services identified. Recent is defined as within the last three (3) years. Relevant is the provision of products and/or services similar in complexity, magnitude and type as described in this RFP.

The Vendor shall provide a detailed summary of the product and work performed for each past performance submitted. Where possible, the Evaluation Committee intends to interview each reference provided to verify project scope and dollar value and obtain additional past performance information. The Vendor shall provide telephone, fax, and email contact information for the key technical and contractual personnel for each referenced project as well as a description of the referenced contract/purchase order. Use the form below as a guide. Please submit one reference per page.

REFERENCES

Period of Contract

Contract Dollar Value

Technical Point of Contact (PoC) Name

Technical PoC Title

Technical PoC Email

Technical PoC Phone

Contractual PoC Name

Contractual PoC Title

Contractual PoC Email

Contractual PoC Phone

Detailed Summary of Services Provided:

Part 4

· Products:

In this part, the Proposer shall submit the following as an attached narrative with a maximum length of five (5) pages:

· A description of the proposed equipment, including a make and model, size, weight of tabulating machine, weight of carrying case, setup and storage features.

· A description of the features of the machine which facilitate accuracy.

· A description of the features of the machine which facilitate ease of use.

· A description of the initial delivery, training, and rollout plans.

· Your programming timeline for local, state, and national elections.

· A description of your maintenance plan and support operations, including the processes typically involved in returning and replacing, or repairing failed components of the equipment.

· A disclosure of any conditions (bankruptcy or other financial problems, pending litigation, planned office closures, impending merger) that may affect Proposer’s ability to perform contractually.

· A disclosure of whether or not the Proposer has been dismissed or disqualified from a bid/contract within the past five years, and if yes, the reason(s) why.

· Proven track record of the proposed hardware and software will be a consideration.

· Only ongoing products should be proposed. Vendor must state these products will NOT be discontinued for at least 18 months after delivery.

5.1 Price Proposal Preparation

Price Proposals MUST

· Include all detailed information and supporting documentation necessary to satisfy all requirements of this RFP.

· Be submitted in the following required format:

· Parts must be separated using tab divider pages.

· Tab divider pages must be properly labeled with the required section headings.

Price Proposals MUST be divided into the following tabbed parts:

· Part 1 – Introduction

· Part 2 – Pricing

· Part 1 – Introduction

In Part 1 of the Price Proposals, Proposers must provide the following required forms provided in this RFP.

· Proposal Signature Page

· Price Proposal Signature Page

· Part 2 – Pricing

In this section, the Proposer must provide the following:

· Proposer shall submit a Price Proposal for one or more of the Product types listed in Section 3 of the RFP that meet or exceed the Standard in Section 1 and Section 3 of this RFP. Vendors do not need to submit proposals for all Product Types to be considered in this RFP.

· Proposed Pricing must only appear as part of the Price Proposal. Inclusion of the proposed pricing in the Technical Proposal will cause vendor disqualification.

· Catalogs and price lists should contain product illustration and descriptions, item reference numbers, unit prices and quantity price variations (as normally applied), if applicable.

· Price Proposals should be submitted in a format that is clear, logical and easily interpreted.

· A spreadsheet bearing the title “Price Proposal in Response to RFP #2020-459 City of Gardner Electronic Scanners for Vote Tabulation” that sets out the pricing proposed by the vendor for all products offered in the general categories An electronic, editable version will be provided for Proposers to fill in with this information.

· Spreadsheet layout should clearing display the following information:

· Catalog reference number (or equivalent) for each of the solicited products

· Product description

· Catalog or list unit price for each product (including quantity discount pricing)

· Per-unit costs for:

a. Shipping

b. Installation

c. Initial training and ongoing periodic training

d. Maintenance and support

e. Recommended spare parts

· Warranty coverage and length

· All prices quoted must be exclusive of Massachusetts sales tax, use tax and federal excise tax.

SECTION 6 – PROPOSAL SUBMITTAL

6.1 Proposal Packages

By law, Price Proposals and Non-Price Proposals MUST be submitted in separate, clearly labeled, sealed packages.

Proposal submissions that do not conform to this protocol must, by law, be rejected.

Dealers may not submit separate proposals for multiple apparatus manufacturers.

The Sealed Technical Proposal display on all out and inner packaging, including shipping packaging:

RFP #

Proposer Name

Proposal Due Date

The Sealed Technical Proposal Contains:

One (1) unbound paper original

Five (5) bound paper copies

One (1) electronic single-file, searchable PDF copy on a properly labeled, portable media

The Sealed Price Proposal displays on all outer and inner packaging, including shipping packaging:

RFP #

Proposer Name

Proposal Due Date

The Sealed Price Proposal Contains:

One (1) unbound paper original

One (1) electronic, single-file, searchable PDF copy on a properly labeled, portable media.

6.2 Submittal

Submit Proposals to:

Attn: Joshua Cormier, Chief Procurement Officer No later than 11:00 AM on March 31st, 2020, as indicated on the time clock in the Office of the Purchasing Agent, Room 217.

If, at the time of scheduled Proposal due date, the designated site is unavailable due to circumstances beyond the control of the City of Gardner, the Proposal due date will be automatically postponed (with or without notice to potential proposers) until 11:00 AM at the same location on the next normal business day. In the event the same location cannot be used to accommodate a postponement, the Proposal due date will be formally postponed with notification to all parties provided documents by the City of Gardner. Proposals will be accepted until any postponement time.

By law, late proposals and proposals that are not submitted in separate, sealed Technical and Price proposal packages MUST be rejected. It is the sole responsibility of a Proposer to ensure that the Proposal arrives on time at the designated place. It is strongly recommended that Proposals are mailed or delivered in advance of the due date and time.

6.3 Questions and Addenda

Failure of any Proposers to read and become familiar with any portion of this RFP will not relieve them from any of the obligations described herein, whether they may be required during review of the proposals, or performance required under a contract as a Manufacturer or the Manufacturer’s authorized Dealer or Warranty Service Provider. The City of Gardner will not provide, authorize or honor any alleged oral responses.

Proposers are asked to notify the City of Gardner promptly of any ambiguities, inconsistencies or errors they discover upon examination of the RFP. Questions and inquires will not be answered directly. All questions and requests for clarification must be received in writing, via email, by March 25th, 2020, at 2:00 PM to jcormier@gardner-ma.gov.

If such requestor notifications are received after the “Addenda Issue” date, then the City of Gardner, in its sole discretion, will determine if additional addenda are required and whether to alter the proposal due date. The City of Gardner will advise all prospective Proposers of such activity.

The City of Gardner reserves the right to disqualify any Proposer that it believes to be interfering with this procurement by raising irrelevant, nuisance, or diversionary issues in order to delay or rend the procurement invalid, whether timely or not.

Responses to inquiries regarding interpretation or clarification that affect all Proposers and corrections or changes to the RFP will be issued as Addenda. Addenda will be distributed via email or fax to all parties that City of Gardner Staff are aware have obtained the RFP and/or who have registered through the City’s website, no later than the “Addenda Issued” date above, unless notification otherwise has been sent to all parties. In such an event, the City of Gardner may elect to alter the proposal due date.

Proposers should contact Joshua Cormier, Chief Procurement Officer, if they are concerned that they have not received an addendum.

The City of Gardner maintains a record of addenda sent to all parties who have received the RFP documents. Confirmation of a successfully sent (i.e. received) fax or the lack of a return email message that an email delivery failed, will be considered proof of delivery. To ensure that Proposers have taken all addenda into consideration, acknowledgement of receipt of each addendum issued must be noted in the space “Addendum #” provided on the Proposal Signature Page provided in this RFP.

6.4 Corrections, Modifications and Withdrawal of Proposals

Proposals must be unconditional. However, a Proposer may correct, modify, or withdraw a proposal by written notice if received by the City of Gardner prior to the proposal due date. Modifications must be submitted in a sealed envelope clearly labeled “Modification No. ____”. Each modification must be numbered in sequence and must reference the original RFP.

Proposers may not, after the proposal due date, change any provision of the proposal in a manner prejudicial to the interest of the City of Gardner, eligible entities, or fair competition. Minor informalities (e.g. minor deviations, insignificant mistakes, and matters of form rather than substance) will be waived or the Proposer will be allowed to correct them. If a mistake is obvious and the intended correct wording, figure or calculation is clearly evident on the face of the proposal document, the mistake will be changed to reflect the apparent correct meaning and the Proposer will be notified in writing; however, the Proposer may not withdraw the proposal. A Proposer may withdraw a proposal if a mistake is clearly evident on the face of the proposal document, but the intended correct wording, figure or calculation is not similarly evident.

6.5 Disclosing Responses to the RFP

A register of the names of vendors who have submitted will be open for public inspection following the opening of the technical proposals. Proposals will be confidential until the completion of the evaluations, or until the time for acceptance specified in the RFP, whichever is earlier. All submissions will be public records. Do not submit confidential materials.

6.6 Disclosure of Information

Submission of a Proposal shall be deemed acknowledgement that the Proposer is familiar with the Massachusetts Public Records Law, M.G.L. Chapter 66, Section 10 and is bound thereby. Disclosure of any information provided by a Proposer in connection with this RFP shall be in strict accordance with the laws and regulations regarding such disclosure pursuant to M.G.L. Chapter 66, Section 10. To review copies of the proposals after contracts have been awarded, submit a written request in compliance with the Massachusetts Public Records Law to the RFP contact person identified in this RFP.

6.7 No Obligation to Proceed

The City of Gardner is under no obligation to proceed with this project and may cancel this RFP at any time without the substitution of another, if such cancellation is deemed in the best interest of the City of Gardner. The City of Gardner reserves the right to reject any or all Proposals, as well as the right to waive informalities and minor irregularities in offers received. Furthermore, the City of Gardner may issue a new or modified RFP, if doing so is found to be in the best interest of the City of Gardner.

SECTION 7 – EVALUATION CRITERIA

Proposals that meet the Minimum Quality Requirements will be evaluated according to the following comparative evaluation criteria.

The Technical Proposals will be evaluated in the following categories:

· Ease Of Use

· Transport

· Service Technician

· Service Plan/Maintenance Agreement

· References

· Organization and Completeness

Described below are the characteristics that would make up a Highly Advantageous, Advantageous and Not Advantageous response in each of these categories.

7.1 Ease of Use

7.2 Transport

7.3 Service Technician

7.4 Service Plan/Maintenance Agreement

7.5 References

7.6 Organization and Completeness

7.7 Clarity

SECTION 8 – TERMS AND CONDITIONS

By responding to this solicitation, Proposers agree to accept the following terms and conditions as incorporated by reference into any resulting contracts.

8.1 Pricing

Prices stated in the proposal must include all charges. No additional charges or other prices, other than those stated in proposals, are authorized nor will the City be obligated to honor them.

Additional equipment not itemized in a Proposer’s proposal and which a Proposer will provide and/or install at additional cost to the City, must be otherwise acquired by the City in compliance with applicable Massachusetts procurement laws. Goods and/or services costing $10,000 or more must be competitively procured and must be separately invoiced. Inclusion of such items as part of a quote or invoice under this contact may be deemed a default by the Proposer and may void the subject purchase.

Any changes to product availability and pricing between the date of submittal and contract is subject to the City’s written approval.

Unless otherwise provided in this document, prices as proposed, shall remain firm for the duration of the contract.

8.2 Pricing Adjustments and Replacement Models

In the event a replacement model for any item proposed is introduced after the contract is signed, the Proposer may request an increase in the contract price for that model only. Such requests may not exceed 5% of the originally quoted price of the replaced model as listed in the Proposer’s proposal.

The City will only grant such requests only…