Copiers and MPS RFP.docx

State of Colorado State Purchasing & Contracts Office

In conjunction with

Request for Proposal

Colorado Solicitation # RFP-NP-18-001

NASPO ValuePoint Master Agreement For:

COPIERS AND MANAGED PRINT SERVICES

Release Date: October 2, 2018 Deadline for Submission: January 17, 2019 @ 1:00 PM MDT

Refer to Subsection 1.3, Schedule of Events, for the complete RFP timeline

TABLE OF CONTENTS

REQUEST FOR PROPOSAL

Copiers and Managed Print Services

Solicitation # RFP-NP-18-001

SECTION 1: Solicitation Overview

1.1 Purpose

1.1.1 The State of Colorado, Department of Personnel & Administration, State Purchasing & Contracts Office (“Lead State”) is requesting Proposals for Copiers and Managed Print Services (MPS) in furtherance of the NASPO ValuePoint Cooperative Purchasing Program. The purpose of this Request for Proposal (RFP) is to establish Master Agreements with qualified Contractors to provide Multi-function Devices (MFD’s), Single-function Printers, Production Equipment, Large/Wide Format Equipment, Scanners, and MPS and software bundles that enable and enhance the productivity and capability of the Devices. The Equipment that will be available under the resulting Master Agreement(s) will be grouped as follows:

1.1.2 There will be a separate Evaluation component for MPS; however, it will not be awarded by itself. In order for an Offeror to be eligible to provide MPS, they must submit a response to the MPS component of this RFP. Refer to Section 5 (Proposal Submission Instructions) and Section 6 (Evaluation and Award Selection Process) for additional information.

1.1.3 The objective of this RFP is to obtain best value, and in some cases achieve more favorable pricing, than is obtainable by an individual state or local government entity because of the collective volume of potential purchases by numerous state and local government entities. The Master Agreement(s) resulting from this procurement may be used by state governments, including departments, agencies, institutions of higher education, political subdivisions (i.e., school districts, counties, cities, etc.), eligible non-profit organizations, and the District of Columbia, subject to approval of the individual Chief Procurement Officer and compliance with local statutory and regulatory provisions.

1.1.4 This RFP is designed to provide interested Offerors with sufficient information to submit Proposals meeting minimum requirements, but is not intended to limit a Proposal's content or exclude any relevant or essential data. Offerors are encouraged to expand upon the specifications to add service and value consistent with Lead State requirements.

1.1.5 All information contained within this RFP, and any amendments and modifications thereto, reflect the best and most accurate information available to the Lead State at the time of RFP preparation. No inaccuracies in such data shall constitute a basis for legal recovery of damages or protests, either real or punitive, except to the extent that any such inaccuracy was a result of intentional misrepresentation by the Lead State.

1.2 Lead State, Solicitation Number and Lead State Contract Administrator

1.2.1 The State of Colorado, Department of Personnel & Administration, State Purchasing & Contracts Office, is the Lead State and issuing office for this document and all subsequent addenda relating to it. The reference number for the transaction is Solicitation # RFP-NP-18-001. This number must be referenced on all Proposals, correspondence, and documentation relating to the RFP.

1.2.2 The Lead State Contract Administrator identified below is the single point of contact during this procurement process. Offerors and interested persons shall direct to the Lead State Contract Administrator, all questions concerning the procurement process, technical requirements of this RFP, contractual requirements, requests for brand approval, clarification, the Award process, and any other questions that may arise related to this Solicitation and the resulting Master Agreement(s). The Lead State Contract Administrator designated by the State of Colorado is:

1.3 Schedule of Events

1.4 Pre-Proposal Meeting

A Pre-Proposal Meeting will be held on October 12, 2018 at 9:00 AM (MDT). Manufacturers’ that meet the mandatory requirements of Subsection 3.6.1, and are interested in attending, must email Nikki Pollack at nikki.pollack@state.co.us, no later than 3pm (MDT) on October 5, 2018, and request additional information. Attendance is optional; however, Offerors who do not attend will still be responsible for ensuring their Proposal meets the requirements of the RFP. Answers to questions asked during the Pre-Proposal Meeting will be provided via a notice posted in Colorado VSS.

1.5 Contract Term

1.5.1 The initial term of the Master Agreement shall be two (2) years with the option to renew for up to three (3) consecutive one year periods.

1.5.2 The estimated Contract start date of August 1, 2019 will be the beginning of a transition period from the current state of Nevada Copiers, Printers and Related Devices (RFP 3091), and the state of New Mexico Managed Print Services (RFP 40-000-14-00107) Master Agreements to the new State of Colorado Copiers and Managed Print Services (RFP NP-18-001) Master Agreement(s). During this transition period, which will be effective through December 31, 2019, Participating States and Entities may continue to use the Master Agreements that are in effect as of the issuance of this RFP. Purchasing Entities may begin purchasing from the Awarded Vendor(s) when new Participating Addenda are executed, or as directed by the Participating State or Entity.

1.6 NASPO ValuePoint Background Information

NASPO ValuePoint (formerly known as WSCA-NASPO) is a cooperative purchasing program of all 50 states, the District of Columbia, and the territories of the United States. The program is facilitated by the NASPO Cooperative Purchasing Organization LLC, a nonprofit subsidiary of the National Association of State Procurement Officials (NASPO), doing business as NASPO ValuePoint. NASPO is a non-profit association dedicated to strengthening the procurement community through education, research, and communication. It is made up of the directors of the central purchasing offices in each of the 50 states, the District of Columbia and the territories of the United States. For more information, consult the following websites http://www.naspo.org and http://www.naspovaluepoint.org.

1.7 Participating States and Entities

1.7.1 In addition to the Lead State conducting this Solicitation, Exhibit A (Participating States) lists the states that have requested to be named in this RFP as potential users of the resulting Master Agreement(s). This list however, is not necessarily inclusive of all states or government entities that will utilize the resulting Contract(s). NASPO ValuePoint permits other states or entities to become Participating States or Entities after Award of the Master Agreement(s).

1.7.2 Some states have included state specific terms and conditions that will govern their Participating Addendum. These terms and conditions are provided as a courtesy to Offerors, and will not be addressed or negotiated by the Lead State; rather, the Participating States shall negotiate these terms and conditions directly with the Awarded Vendor(s). State specific terms and conditions are listed in Exhibit D (Participating State Terms and Conditions).

1.7.3 Since Participating States and Entities have widely varying needs, this RFP has been designed to encompass all of these needs. As such, each Participating State or Entity may, through a Participating Addendum, limit:

a) The number of Awarded Vendors;

b) Available financial vehicles;

c) Device Groups, Segments, Products, Services (including MPS); and

d) Any additional items as deemed necessary by the Participating State or Entity.

1.7.4 A Participating State or Entity must sign a new Participating Addendum with an Awarded Vendor, regardless of whether that Awarded Vendor has signed Participating Addenda under a prior Master Agreement(s).

1.8 Historical Usage

Exhibit B (2017 Participating States Sales Volumes), contains calendar year 2017 estimated sales volume from those states listed in Exhibit A. No minimum or maximum level of sales volume is guaranteed or implied.

1.9 Selection of Successful Proposals

1.9.1 Should the Lead State determine at any time during the term of the resulting Master Agreements that the number of Awarded Vendors is not adequate to properly fill the needs of the Participating States and Entities, it may re-issue the Solicitation and/or make additional Awards as necessary.

1.9.2 An Evaluation will be conducted and Awards made to Offerors whose Proposals are determined to be most advantageous considering the Evaluation factors set forth in Section 6 (Evaluation and Award Selection Process).

1.10 Pricing

1.10.1 MSRP/List Price and discount percentages must be guaranteed throughout the term of the Master Agreement, including any renewal terms; however, Awarded Vendor may increase its discount percentage at any time. The Lead State must be notified of any such discount percentage increase, and provided with a copy of the new Group Price List(s).

1.10.2 Pricing must include all shipping, delivery, and installation costs associated with the Products. Refer to Subsection 4.11.5 for exceptions to this requirement.

1.10.3 The proposed discount percentages for the Pricing Items listed on the ‘Discount from MSRP’ tab in the Group Price Lists, will apply to the Awarded Vendor(s) full catalog of approved Products.

1.10.4 The proposed pricing shall be Ceiling Pricing. Awarded Vendor(s) may offer lower pricing on a per Order basis to Purchasing Entity’s; likewise, Purchasing Entity’s may request lower pricing on a per Order basis from Awarded Vendor(s).

1.10.5 Awarded Vendor(s) may offer state-wide promotional discounts, customer location specific discounts, bulk discounts, or spot discounts. Awarded Vendor(s) must notify the Participating State or Entity Contract Administrator of special state-wide promotional discounts.

1.10.6 Any revisions to Product offerings (new Products, altered item or model numbers, etc.) must be pre-approved by the Lead State, and shall only be allowed once per calendar quarter.

1.10.7 Updated Group Price Lists are required by the 1st of the month and shall go into effect by the 15th of each month, or when the Lead State approves the Price List, whichever comes first.

1.10.8 Price Lists received after the 1st of the month may not be approved for up to thirty (30) days following submission. In addition, errors in the Awarded Vendor(s) Price Lists may delay the approval process further.

1.10.9 All approved Price Lists will be submitted by the Lead State to NASPO ValuePoint. Awarded Vendor(s) shall then update all applicable websites with the new Price Lists after the NASPO ValuePoint website has been updated.

1.10.10 Proposed pricing on all Products must be expressed as a discount from MSRP/List Price.

1.10.11 All inclusive Cost Per Copy (CPC) programs may be offered upon request by the Participating State or Entity, but pricing must not exceed Master Agreement pricing. Awarded Vendor(s) must provide the Participating State or Entity with their pricing breakdown which enables the Participating State or Entity to easily compare the pricing in the CPC structure against the pricing in the Master Agreement.

1.10.12 The proposed lease and rental rates must not include property tax; however, it may be billed separately to the Purchasing Entity, or as otherwise specified in a Participating Addendum. Refer to Subsection 4.6.5 for additional information on lease and rental rate calculations.

SECTION 2: Definitions

SECTION 3: RFP Requirements and Information

3.1 Colorado Vendor Self Service (VSS) and Registration

3.1.1 This Solicitation is published using the Colorado Vendor Self Service (Colorado VSS). Offerors are not required to be registered on Colorado VSS in order to download RFP documents and information. Colorado VSS information can be found through the State Purchasing & Contracts Office (SPCO) link at www.colorado.gov/VSS. The Colorado VSS Help Desk can be reached at 303-866-6464 for further assistance.

3.1.2 During the RFP process, all official communication with Offerors will be via notices on Colorado VSS. Notices may include any modifications to administrative or performance requirements, answers to inquiries received, clarifications to requirements, and the announcement of the apparent winning Offeror(s). It is incumbent upon Offerors to monitor Colorado VSS for any such notices, as the Lead State accepts no responsibility for a prospective Offeror not receiving RFP documents and/or revisions to the RFP.

3.2 Inquiries and Questions

3.2.1 Offerors may submit inquiries and questions concerning this RFP to obtain clarification on specifications and requirements. All inquiries must be submitted via email to Nikki Pollack at nikki.pollack@state.co.us, and are due no later than the time shown in Subsection 1.3 (3), or otherwise amended on Colorado VSS.

3.2.2 If Dealers have questions pertaining to this RFP, they must direct those questions through their Manufacturer.

3.2.3 Please limit inquiries to only those questions that are essential in order to submit a viable Proposal in response to this RFP. Requests for detailed, non-essential, or exhaustive information may receive a response of “This information is not available.”

3.2.4 Responses to questions will be published as a modification on Colorado VSS. Offerors should not rely on any other information if it is not published on Colorado VSS, either written or oral, that alter any specification or other term or condition of the RFP. Offerors are NOT to contact any other state office or individual regarding this RFP process, as doing so may result in Offeror being disqualified.

3.2.5 The identity of potential Offerors will not be published with the answers.

3.3 Incurring Cost

Any cost incurred by a potential Offeror in preparation, transmittal, and/or presentation of any Proposal or material submitted in response to this RFP shall be borne solely by the Offeror.

3.4 Cancellation of Procurement

This RFP may be cancelled at any time up until the time of execution of the Master Agreement(s), if the Lead State determines such action to be in the collective best interests of the Participating States and Entities, and in accordance with Section 24-103-301, C.R.S.

3.5 Governing Laws and Regulations

3.5.1 This procurement is conducted by the Lead State, in accordance with Colorado Procurement Code, which is available at https://www.colorado.gov/pacific/osc/procurement-resources.

3.5.2 This RFP and the resulting Master Agreement(s) shall be governed by the laws of Colorado as the Lead State. The exclusive venue for any administrative or judicial action relating to this RFP shall be in the City and County of Denver, Colorado.

3.5.3 The provisions governing choice of law and venue for issues arising after Award and during Contract performance are specified in Exhibit C (NASPO ValuePoint Master Agreement Terms and Conditions).

3.6 Mandatory Requirements

To be eligible for consideration of Award, a potential Offeror must meet the following mandatory requirements. Failure to meet these mandatory requirements will result in disqualification of a Proposal.

3.6.1 Offeror must be a Manufacturer of A3 MFD’s, A4 MFD’s, Production Equipment, Single-function Printers, Large/Wide Format Equipment, or Scanners, as defined within this RFP.

3.6.2 Proposed Devices must be Newly Manufactured and meet the requirements of Subsection 4.4.2. Offerors are not permitted to submit Proposals for Remanufactured or Refurbished Equipment.

3.6.3 Offeror must submit Product and pricing information as detailed in Attachment E (Group Price Lists) for each of the Groups being proposed. Offeror will not be eligible to receive an Award for any Group it does not submit Product and pricing information for. The information contained in each of the Group workbooks is for Evaluation purposes only and will not be inclusive of Offeror’s awarded Product line for that Group(s). Refer to Section 5 (Proposal Submission Instructions) for additional requirements.

3.6.4 MSRP must be submitted with Offeror’s Proposal. MSRP will be verified with Buyer’s Lab. If the MSRP is not published on Buyer’s Lab, then the Offeror may submit its List Price. The List Price must be verifiable and published on the Manufacturer’s website.

3.6.5 In order to be eligible to provide MPS under a Group they are awarded, Offeror must submit pricing for MPS, and respond to all applicable questions in Attachment G (MPS Response).

3.6.6 Offeror must provide a leasing option for Group A, Group B, and Group C. Lease options for Group D, Group E, and Group F are encouraged, but not required.

3.6.7 Offeror must submit 36, 48, and 60 month lease rates for FMV and Capital Leases for Groups A, B, and C. 12, 18, and 24 month terms are optional. In addition, 72 and 84 month lease and rental rates for Group C are also optional.

3.6.8 Offeror must submit copies of all Supplemental Documents with their Proposal. The terms and conditions in these documents must reflect the applicable terms and conditions as outlined in Section 4 (Scope of Work) of this RFP. The Supplemental Documents will be included as Exhibits in the Awarded Vendor(s) subsequent Master Agreement(s), but it will be at the discretion of each Participating State or Entity to review, negotiate and/or utilize these documents in their Participating Addendum.

3.7 Confidential or Proprietary Information

Written requests for confidentiality shall be submitted by the Offeror with their Proposal for consideration and acceptance of confidential status by the Lead State. The Offeror must state specifically what elements of the Proposal are to be considered confidential/proprietary. Confidential and Proprietary Information must be readily identified, marked, and packaged in accordance with the instructions in Subsection 5.2. Neither a Proposal in its entirety, nor Proposal price information is considered confidential and proprietary. Any information that will be included in any resulting Master Agreement cannot be considered confidential. Colorado Open Records Act (CORA) (Section 24-72-201 et seq., C.R.S.) governs what Public Records are open for inspection.

3.8 Ownership or Disposition of Proposals and Other Materials Submitted The Lead State has the right to retain the original Proposal and other RFP response materials for its files received by the Solicitation closing and not withdrawn prior to the public opening. As such, the Lead State may retain or dispose of all copies as is lawfully deemed appropriate. The Lead State has the right to use any or all information/material presented in the reply to the RFP. Proposal materials may be reviewed after the “Notice of Intent to Award” has been issued, subject to the terms of Title 24, Article 72, Part 2, C.R.S., as amended.

3.9 Offeror’s Binding Offer and Acceptance

3.9.1 The contents of an Offeror’s submittal response to this RFP shall constitute a binding offer and will become contractual obligations of the successful Offeror. Acknowledgment of this condition shall be indicated by the Offeror’s signature on Attachment B (Response Sheet) or by an officer of the Offeror legally authorized to execute contractual obligations.

3.9.2 A submission in response to this RFP, unless specified otherwise, acknowledges acceptance by the Offeror of all terms and conditions, as set forth herein including its attachments and exhibits, without making its offer contingent.

3.9.3 An Offeror may withdraw its Proposal upon written notification (email is acceptable) submitted to and received by the Lead State, prior to the established RFP Proposal opening date and time, in accordance with Section 24-103-202, C.R.S. and procurement rules R-24-103-202a-04 and R-24-103-202a-09.

3.10 NASPO ValuePoint Master Agreement Statement of Compliance

3.10.1 NASPO ValuePoint Master Agreement(s) resulting from this RFP will constitute the final agreement except for negotiated terms and conditions specific to a Participating State or Entity’s Participating Addendum.

3.10.2 The Master Agreement will include, but not be limited to, Exhibit C (NASPO ValuePoint Master Agreement Terms and Conditions), the requirements as referenced in Section 4 (Scope of Work), and selected portions of the Offeror’s Proposal.

3.10.3 Insurance. The Offeror agrees to acquire and keep in force Worker’s Compensation, Commercial General Liability and Automobile Liability insurance coverage from an insurance carrier or carriers licensed to conduct business in each Participating Entity’s state at the prescribed levels set forth in Exhibit C (NASPO ValuePoint Master Agreement Terms and Conditions), and as required by law.

3.10.4 Reporting Requirements. To be eligible for Award, the Offeror must agree to provide specific summary and detailed usage reports as prescribed by Exhibit C (NASPO ValuePoint Master Agreement Terms and Conditions), and in Exhibit I (NASPO ValuePoint Detailed Sales Reporting Template).

3.10.5 Administrative Fee

a) The Awarded Vendor(s) will remit to NASPO ValuePoint, an Administrative Fee of one-quarter of one percent (0.25% or 0.0025) no later than sixty (60) days following the end of each calendar quarter.

b) The NASPO ValuePoint Administrative Fee is not negotiable.

c) The Awarded Vendor(s) will report on all actual Equipment sales, and on estimated Service and Supply sales. This method will no longer require the Awarded Vendor to capture the actual Service and Supply revenues that are billed to the customer each month.

d) Industry research has shown close to a 1:1 ratio between sales price on a piece of Equipment and the actual amount of Service and Supply costs required to operate that Equipment over its Useful Life. Therefore, to simplify the reporting process and remove the burden to capture the actual Service and Supply costs, the Awarded Vendor(s) shall report as follows:

i) Purchased Equipment: Awarded Vendor(s) shall report the actual amount invoiced (less any taxes) for all Equipment sold under the reporting period (calendar quarter). In addition, the Awarded Vendor(s) shall report an additional amount equal to the invoice amount and identified as “Estimated Service and Supplies,” providing the customer elects to enter into a Maintenance Agreement. Thus, in the Awarded Vendor’s Detailed Sales Report, for each item sold, there will be two-line items: one for the actual piece of Equipment, and one for the Estimated Service and Supplies. The amounts reflected for these line items must be equal.

ii) Lease and Rental Equipment: Awarded Vendor(s) shall report the actual amount invoiced (less any taxes) for the lease or rental during the reporting period (calendar quarter). In addition, the Awarded Vendor(s) shall report an additional amount equal to the invoice amount and identified as “Estimated Service and Supplies). Thus, in the Awarded Vendor’s Detailed Sales Report, for each item leased or rented, there will be two-line items: one for the invoice amount to the customer, and one for the Estimated Service and Supplies. The amounts reflected for these line items must be equal.

e) The NASPO ValuePoint Administrative Fee must be included as part of the pricing submitted with the Proposal. No other estimated fees or blended fees may be included in the proposed pricing.

f) Some Participating States may require a fee be paid directly to the Participating State on sales made by Purchasing Entities within that state. For all such requests, the fee level, payment method, and schedule for such reports and payments will be incorporated into the Participating Addendum. The Awarded Vendor may adjust the Master Agreement pricing accordingly for sales made by Purchasing Entities within the jurisdiction of the Participating State requesting the additional fee.

3.10.6 eMarket Center. To be eligible for Award, the Offeror agrees, by submission of a Proposal, to cooperate with NASPO ValuePoint and SciQuest, doing business as JAGGAER (and any authorized agent or successor entity to JAGGAER) to integrate its presence in the NASPO ValuePoint eMarket Center either through an electronic catalog (hosted or punch-out site) or unique ordering instructions. Refer to Exhibit C (NASPO ValuePoint Master Agreement Terms and Conditions) for the prescribed requirements.

3.11 Offeror Exceptions to Terms and Conditions

3.11.1 The Lead State discourages exceptions to the terms and conditions in the RFP, including the exhibits and attachments. Exceptions may cause a Proposal to be rejected as non-responsive when, in the sole judgment of the Lead State (and its sourcing team); the Proposal appears to be conditioned on exceptions or correction and would require a substantial Proposal rewrite to correct. In addition, exceptions to the mandatory requirements are not permitted.

3.11.2 In the sole discretion of the Lead State, exceptions may be evaluated to determine: the extent to which the alternative language or approach poses unreasonable, additional risk to the Lead State; is judged to inhibit achieving the objectives of the RFP; or whose ambiguity makes Evaluation difficult and a fair resolution (available to all Offerors) impractical given the time-frame for the RFP.

3.11.3 Offerors should identify or seek to clarify any problems with contract language or any other document contained within this RFP through their written inquiries about the RFP using the process that is outlined in Subsection 3.2.

3.12 Certification of Independent Price Determination

3.12.1 By submission of its Proposal each Offeror certifies as to its own organization, that in connection with this procurement:

a) The prices in the Proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Contractor or with any competitor; and

b) Unless otherwise required by law, the prices which have been quoted in the Proposal have not been knowingly disclosed by the Offeror and will not knowingly be disclosed by the Offeror prior to opening, directly or indirectly to any other Contractor or to any competitor; and

c) No attempt has been made or will be made by the Offeror to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition.

3.12.2 Each person signing the Response Sheet of the Proposal certifies that:

a) They are the person in the Offeror’s organization responsible for the decision as to the prices being offered and that he/she has not participated, and will not participate, in any action contrary to 3.12.1(a) through 3.12.1(c); or

b) They are not the person in the Offeror’s organization responsible for the decision as to the prices being offered but that he/she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to 3.12.1(a) through 3.12.1(c), and as their agent does hereby so certify; and he/she has not participated, and will not participate, in any action contrary to 3.12.1(a) through 3.12.1(c).

3.13 Firm Offers

Responses to this RFP, including proposed costs, will be considered firm for one-hundred and eighty (180) days after the Proposal due date.

3.14 Right to Accept All or Portion of Proposal

Unless otherwise specified in the RFP, the Lead State may accept any item or combination of items as specified in the RFP or of any Proposal unless the Offeror expressly restricts an item or combination of items in its Proposal and conditions its response on receiving all items for which it provided a Proposal. In the event that the Offeror so restricts its Proposal, the Lead State may consider the Offeror’s restriction and evaluate whether the Award on such basis will result in the best value to the Lead State and NASPO ValuePoint. The Lead State may otherwise determine at their sole discretion that such restriction is non-responsive and renders the Offeror ineligible for further Evaluation.

3.15 Order of Precedence, Incorporated Documents, Conflict and Conformity

3.15.1 Incorporated Documents. Each of the documents listed below will be, by this reference, incorporated into any resulting Contract as though fully set forth herein:

a) The RFP document and all amendments thereto;

b) Awarded Vendor’s Proposal in response to the RFP; and

c) Awarded Vendor’s publications, written materials and schedules, charts, diagrams, tables, descriptions, other written representations and any other supporting materials Awarded Vendor makes available to Purchasing Entity, and uses to affect the sale of the Product to such Purchasing Entity.

3.15.2 Order of Precedence. In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the conflict shall be resolved by giving precedence in the following order:

a) A Participating State or Entity’s unique terms and conditions as presented in the Participating Addendum;

b) The executed NASPO ValuePoint Master Agreement, including all Exhibits and Attachments;

c) An Order issued against the Master Agreement;

d) RFP-NP-18-001), including all amendments; and

e) Awarded Vendor’s Proposal in response to RFP-NP-18-001, as revised (if permitted) and accepted by the Lead State.

3.15.3 Awarded Vendor’s terms and conditions that apply to the Master Agreement are only those that are expressly accepted by the Lead State, and incorporated into the Master Agreement.

3.15.4 Conformity. If any provision of the resulting Contract violates any federal or state statute or rule of law, it is considered modified to conform to that statute or rule of law.

3.16 Public Opening of Proposals

On the date and time shown in the “Public Opening of Proposals” in Subsection 1.3, the…