ITC49_ITAssetLease_RFRResponse_Template_160211.doc

RESPONSE SUBMITTED FOR THE REQUEST FOR RESPONSES (RFR)

RFR NUMBER: ITC49 IT ASSET LEASE SERVICES

Bidder Name:

COMMONWEALTH OF MASSACHUSETTS

RESPONSE SUBMITTED FOR THE

REQUEST FOR RESPONSES (RFR) ITC49 FOR

IT ASSET LEASE SERVICES

STATEWIDE CONTRACT

RFR RESPONSE TEMPLATE

BIDDER NAME:

February 11, 2016 Version 1.3

Sec. B.2.B: Corrected minor typos

Sec. B.7: Replaced “Office of the Comptroller” with “Strategic Sourcing Team”.

Updated instructions for COMMBUYS

INSTRUCTIONS:

1. The Written RFR Response must be submitted using this “RFR Response Template” as posted on the “Attachments” tab of COMMBUYS. This Template is being used so that all Responses appear uniform and consistent for selection purposes and to enable posting on COMMBUYS once selection is completed.

2. This Microsoft Word document must be used and may not be altered, reformatted or changed in any way or the Response will be subject to rejection.

3. Bidders must enter, or copy and paste information into the spaces provided for each question. The space will expand to accommodate the data entered. The Bidder may open the “header” (above) and add the Bidder’s Name to print on each page of the Response.

4. Bidders may not refer to outside attachments for key information related to answering the questions unless the Attachment is one of the Required Attachments for the RFR Response or is an attachment that must be completed as specified under the “Attachments” tab for this RFR on COMMBUYS.

5. Each item must be addressed specifically by entering information in the required space. If an item is inapplicable, the Response must indicate "N/A" or “Not applicable” or other appropriate explanation.

6. Bidders are responsible for reviewing the “Attachments” tab under this RFR in COMMBUYS for all the listed specifications and the required Forms that must be submitted with the RFR Response (in order to be considered for selection) or upon contract award and execution. Failure to submit the required Forms with the RFR Response, as specified, will be considered sufficient grounds for rejection of the Bidders Response.

7. This document must be submitted along with other required forms via COMMBUYS online bid submission functionality, pursuant to Section 5, How to Submit a Bid Response, of the RFR.

RFR RESPONSE PART A

BIDDER AUTHORIZED CONTACT, INTRODUCTION AND CERTIFICATIONS

A.1 Authorized Representative and RFR Contact. Please complete the information below for the Individual who is an Authorized Representative of the Bidder, who can legally bind the Bidder during the RFR Interview and subsequent negotiations, and who shall serve as the RFR Contact for any questions or communication necessary during the procurement. Legal Name and Address must match the W-9 and Commonwealth Terms and Conditions submitted for this Contract (or already on file with the Commonwealth).

Bidder Legal Name:

Legal Address:

Authorized Representative (Contact) Name:

Telephone:

Email Address:

Fax:

A.2 INTRODUCTION – Please provide in the space below, not to exceed 2 pages in length, the Bidder's understanding of the request, the requirements of the work the firm is bidding on, the work to be performed and bid upon, and provide an overview summary of the Bidders' qualifications and experience to perform the work requested.

Bidder’s Introduction:

A.3 PRIOR LEGAL REVIEW OF DOCUMENTS.

Pursuant to RFR Section 3.1.2, Acceptance of RFR Terms and General Terms and Conditions, Bidders responding to this RFR understand and agree that the RFR and General Terms and Conditions will apply to all selected Contractors and will not be negotiated with individual Contractors to include vendor specific terms. The RFR and General Terms and Conditions have been drafted to address the general needs of the industry as identified during the Draft RFR process and the unique characteristics of government contracts. Bidders’ responses to this RFR may not condition the submission of their Response on the Commonwealth’s acceptance of additional or different submitted terms.

Since this is a Statewide Contract, with potentially multiple selected contractors, the terms that apply to all Contractors must be consistent and one Contractor cannot be given preferential language to the disadvantage of another Contractor. Bidders may be disqualified if the extent of requested additions, modifications or clarifications are prohibitive or demonstrate an unwillingness to work within the Commonwealth’s standard framework which has been identified as non-negotiable or otherwise demonstrates a need for protracted negotiations or a lack of willingness to partner with the Commonwealth without significant compromises or conditions.

With this in mind, Bidders should identify below their acceptance of the terms of the RFR and the General Terms and Conditions. Bidders may identify below any requests for consideration of additions of non-conflicting terms or clarifications to specific RFR Terms or General Terms and Conditions, provided that the Response may not modify the RFR Terms or General Terms and Conditions or be conditioned upon the acceptance of these additions or clarifications, and the Bidder must identify the legal or other basis for the requested addition or clarification and how each proposed addition or clarification would be necessary not only for the Bidder but applicable to other Bidders as well, since the General Terms and Conditions must be used by all Bidders.

ANSWER:

A.4 Provide a listing of the Bidder’s concurrent material engagements, as well as its current outstanding proposals or bids that could impact the available resources to perform this engagement.

ANSWER:

A.5 Litigation, Penalties and Bankruptcy: List any outstanding contingencies, such as lawsuits or other claims or charges against the Bidder related to performance of the services sought under this RFR. The Bidder shall submit a description of any and all investigations, indictments or pending litigation by any federal, state or local jurisdiction relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related company. A list of all criminal convictions within the last five years relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related entity. A list of all civil penalties, judgments, consent decrees and other sanctions within the last five years, as a result of any violation of any law, rule, regulation or ordinance in connection with its business activities relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related entity. A list of all actions occurring within the last five years which have resulted in revocation or suspension of any permit or authority to do business in any jurisdiction relating to the submitting entity, any officer, director, partner or member thereof, any affiliate or any related entity. A list of all actions occurring within the last five years that have resulted in the barring from public bidding relating to the Bidder, an officer, director, partner or member thereof, any affiliate or any related entity. A list of all bankruptcy and other similar proceedings within the past five years relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related entity. Failure to identify such contingencies as part of a Response will be considered sufficient cause for immediate termination from the Statewide Contract if such information is discovered during the lift of the Contract.

ANSWER:

A.6 Defaults: The Bidder shall provide a description, in detail, of any situation in which the Bidder’s firm (either alone or as part of a joint venture), or a subsidiary of the Bidder’s firm, defaulted or was deemed to be in noncompliance of any contractual obligations, explaining the situation, its outcome and all other relevant facts associated with the event described. Please also provide the name, title and telephone number of the principal manager of the contract user who asserted the event of default or noncompliance.

ANSWER:

A.7 Other Adverse Situations and Conflict of Interest:

The Bidder shall provide a description of any present facts known to the Bidder that might reasonably be expected to affect adversely either its ability to perform any aspect of a consulting agreement or the viability of any affiliated entity that might reasonably be expected to supply financial support.

Disclose in writing all actual, potential or perceived conflicts of interest relating to this RFR. If none are disclosed, the Bidder affirms none exist by responding to this section.

ANSWER:

A.8 Contract Execution: Bidder must confirm here that if selected as an Apparently Successful Bidder that they will execute the Standard Contract Form.

ANSWER:

A.9 RESPONSE CERTIFICATION: By signing in the space provided below, the Bidder through its Authorized Representative certifies that the Response will remain in effect for a period of 120 days from the submission deadline and thereafter until either the Bidder withdraws it, a Contract is executed, or the procurement is canceled, whichever occurs first, and that this Response is being submitted in good faith and without any collusion or fraud, and that the information provided is accurately represented and that the Bidder is ready, willing and able to perform the work required as specified in any resulting contract or schedule.

Authorized Representative Signature*:

Date:

*By submitting this document and your entire bid response electronically via SmartBid, you will electronically sign these documents. Therefore, you may opt to electronically sign this box by simply typing the name of the Bidder’s Authorized Representative. By doing so, submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

RFR RESPONSE PART B - BIDDER QUALIFICATIONS

B.1 Firm Profile

Provide a brief firm profile, not to exceed one (1) page in length, outlining the Bidder's overall operations, qualifications and organizational capabilities related to providing the Statewide Contract.

a) State whether the firm is local, national, or international and the total number of professional employees.

b) State the location of the office(s) from which the work is to be managed and the location from which the work will be performed and the number of principals/ partners, managers, supervisors, or other seniors and professional staff employed at the office

c) State the types of work performed by the office and the percentage of effort devoted to each type.

d) State the total staff available for this Contract at the location of this office from which the work is to be managed.

e) Demonstrate the Bidder’s financial stability and capability to finance the broad range of IT Asset Lease Services needs across the Commonwealth.

ANSWER:

B.2 Overall Qualifications. This section should outline the overall qualifications and experience relevant to Lease financing. List relevant work performed within the last five years, the scope of the work and for whom the work was performed. Discuss how the performance of prior similar projects will enhance performance of the Bidder. The Bidder may list specific projects and contracts including other government contracts. List all of the firm's government contracts within the last five years and a contact person for each.

A Bidder must meet, or have personnel that meet, the following minimum qualifications to be considered for this Statewide Contract. Bidders submitting Responses which fail to demonstrate these minimum qualifications will be rejected from further review. Bidders must address each of the following qualifications specifically by letter. Bidders may subcontract with other individuals or firms to provide services under the Statewide Contract, but the Bidder will be fully responsible for performance and may not assign responsibility for any performance under this Contract. Bidders may be dropped from the Statewide Contract if they are qualified under the Statewide Contract due to subcontracted relationships and these subcontracts substantially change.

A. Years Providing Lease Services. State the number of years the Bidder has been in the business of providing IT Asset Lease Financing services. Bidders must have been in the business of providing Lease services for at least the five (5) most recent consecutive years prior to the submission or provide alternative documentation supporting adequate experience or qualifications.

ANSWER:

B. Listing of Prior Lease Financing Agreements. Bidders must have acted as a Lease financier in at least three (3) Government Lease Agreements. State the number of Lease Agreements and the amount financed by the Bidder in the past five (5) years.

ANSWER:

1. (Required) Name of Government and/or Sector:

Level of Government:

Material/service financed:

Date of financing:

Length of Lease finance agreement:

Was the process competitive?

Was the Lease assigned during the Lease period, to whom assigned and why assigned:

2. (Required) Name of Government and/or Sector:

Level of Government:

Material/service financed:

Date of financing:

Length of Lease finance agreement:

Was the process competitive?

Was the Lease assigned during the Lease period, to whom assigned and why assigned:

3. (Required) Name of Government and/or Sector:

Level of Government:

Material/service financed:

Date of financing:

Length of Lease finance agreement:

Was the process competitive?

Was the Lease assigned during the Lease period, to whom assigned and why assigned:

4. (Optional) Name of Government and/or Sector:

Level of Government:

Material/service financed:

Date of financing:

Length of Lease finance agreement:

Was the process competitive?

Was the Lease assigned during the Lease period, to whom assigned and why assigned:

5. (Optional) Name of Government and/or Sector:

Level of Government:

Material/service financed:

Date of financing:

Length of Lease finance agreement:

Was the process competitive?

Was the Lease assigned during the Lease period, to whom assigned and why assigned:

C. Minimum Lease Financing Commitment. Bidders must certify the dollar amount of Lease Financing which the Bidder would be willing to provide for both each year of the Statewide Contract and for the entire life of the Statewide Contract. The minimum amount for a Bidder should be $2 million for each year of the life of the contract, including extensions. Bidders using underwriters for financing will not be considered.

ANSWER:

D. Intent to Assign Lease Schedules. The Statewide IT Asset Lease Services Contract is executed with Approved IT Asset Lease Services Contractors/Lessors not only to provide Financing but to provide a full suite of related financing services through the life of a Lease. It is expected that to the full extent possible and financially practicable, the Statewide Lease Financing Contractor/Lessor will provide both the initial Lease financing for any Lease Schedule, and manage receipt of payments through the life of the Lease and not assign any interests in payments or in potential title rights of Lease Schedules to a third party.

Since the selection of approved and qualified Statewide IT Asset Lease Services Contractors/Lessors is rigorous, to ensure that only reputable and qualified financing vendors are selected, limiting the assignment or transfer of Lease Schedules to third parties must be limited to exceptional circumstances and not a routine business function of selling off Lease Schedules under the Statewide Contract once established. The Commonwealth has an expectation that it will maintain an ongoing relationship with the approved IT Asset Lease Services Contractors/Lessors for the life of each Lease Schedule and not be subjected to bi-furcating this relationship among other non-procured or non-approved IT Asset Lease Services Financing Contractors/Lessors. This preference will carry a significant weight in the evaluation and selection process.

Bidders must identify their plan to either retain Lease schedules for the duration of the schedule, or to assign Lease schedules and payments and the criteria used to make these determinations.

ANSWER:

B.3 DEMONSTRATION OF QUALIFICATIONS. Bidders must demonstrate what qualifications, service commitments or other considerations demonstrate that they are the most qualified and best candidate to perform this financing service on behalf of the Commonwealth, cities and towns and other Governmental entities in the Commonwealth.

ANSWER:

B.4 KEY PERSONNEL ASSIGNED TO CONTRACT. Bidders must document their ability to provide qualified staff and other personnel resources to successfully offer the proposed services listed on the Statewide Contract. Bidders should list the key personnel who will be responsible for performance under the Statewide Contract, including their qualifications, years of experience and how their qualifications will enhance and ensure adequate performance by the Bidder during the period of the Contract.

Key personnel designated or assigned to the valuation engagement must perform as designated in the absence of termination from the firm or other unavoidable circumstances. Bidders submitting a response to this RFR shall be considered to have accepted this condition. During the period of the Contract, key personnel assigned to the performance of the Contract services may be removed or replaced by the Contractor only upon the prior written approval of the engaging agency. A significant change in the key personnel listed in the Response prior to, or after, the execution of the Contract, which is unsatisfactory to the engaging agency, shall be grounds for disqualification of the Response or termination of the Contract. Key personnel designated or assigned to the engagement must perform as designated in the absence of termination from the firm or other unavoidable circumstances. Bidders in response to this RFR shall be considered to have accepted this condition. In the spaces provided below, list the key personnel who will be assigned to this project and identify the following information for each individual. Do not refer or attach resumes. All relevant information must be contained here:

Selected Contractors must ensure that Key Personnel, Contract Managers and Customer Service representatives will be familiar with, and ensure compliance with, the specific terms and conditions of the Statewide Contract, and will be able to provide accurate information and guidance on a Department's use of the Statewide Contract. Any change in key personnel requires notification and approval of SSST through the process outlined in section

CONTRACT MANAGER. Bidder must designate a Contract Manager who will be responsible for overall management and ensuring performance under the Statewide Contract. The Statewide Contractor may not replace identified key personnel or the Contract Manager without prior notification to OSD and the IT Asset Lease Services SST. Any replacement individual must have equal to, or greater qualifications and experience than the individual they will be replacing. As part of submitted attachments, in addition to the information below, please provide one (1) page resume of Contract Manager.

Contract Manager Name:

Title:

Telephone:

Email Address:

Fax:

List specific contract services to be performed by this individual and include the percentage of time devoted to the Contract or the number of hours anticipated to be performed for each specific service.

OTHER KEY PERSONNEL:

Individual Name:

Title:

Telephone:

Email Address:

List specific contract services to be performed by this individual and include the percentage of time devoted to the Contract or the number of hours anticipated to be performed for each specific service.

Individual Name:

Title:

Telephone:

Email Address:

List specific contract services to be performed by this individual and include the percentage of time devoted to the Contract or the number of hours anticipated to be performed for each specific service.

Individual Name:

Telephone:

Email Address:

List specific contract services to be performed by this individual and include the percentage of time devoted to the Contract or the number of hours anticipated to be performed for each specific service.

B.5 SPECIALISTS – CUSTOMER SERVICE. Identify other specialists or individuals within the firm who will be assigned to this contract, the functions they will perform during the single audit and hourly rates. Customer Service

The Bidder must describe below what customer services will be available to assist Departments with Lease financing and how and when these services will be made available. State if the Customer Service is part of a dedicated team, a general department, or automated queue. Describe what a caller should expect when calling Customer Service. What is a typical response time to resolve questions/issues? Provide ½ to ¾ page synopsis.

ANSWER:

Individual Name:

Telephone:

Email Address:

Fax:

List specific contract services to be performed by this individual and include the percentage of time devoted to the Contract or the number of hours anticipated to be performed for each specific service.

Individual Name:

Title:

Telephone:

Email Address:

List specific contract services to be performed by this individual and include the percentage of time devoted to the Contract or the number of hours anticipated to be performed for each specific service.

B.6 USE OF SUBCONTRACTORS. It is presumed that the selected Bidder will be responsible for and perform all the duties and requirements of this RFR. In this section, the Bidder must identify any subcontractors that will or may be used to conduct any of the work described in this RFR, including the names of subcontractors, summaries of their qualifications, experience and duties and responsibilities for performance. The Bidder will remain the sole point of contact and will be responsible for all performance under the contract and may not assign responsibility for any performance under this Contract. Bidders may be dropped from the Statewide Contract if they are qualified under the Statewide Contract due to subcontracted relationships and these subcontracts substantially change.

Subcontractors

The Bidder must identify any subcontractors, including affiliates or subsidiaries that will be used under the Statewide Contract including the names of subcontractors, summaries of their qualifications, experience and duties. Bidders must also indicate whether these subcontractors are necessary for performance (loss of subcontractor may affect the Bidder's ability to perform) or are easily replaceable as needed. No subcontractor will use underwriters on any Statewide Contract.

ANSWER:

B.7 References: The Response must include three (3) references for the most relevant, comparable. The Strategic Sourcing Team reserves the right to verify references included in the Response and to conduct other reference checks as deemed appropriate.

Reference name:

Firm:

Phone: # ( )

Internet address:

Description of Lease Financing and date(s) of services provided:

Reference name:

Reference name:

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