ITC49_RFR_160211~1.doc

The Commonwealth of Massachusetts

Executive Office For Administration and finance

Operational Services Division

One Ashburton Place, 10th Floor, Room 1017, Boston, Massachusetts 02108-1552

Request for Response (RFR)

Document Title: IT Asset Term Leasing Services ASK "RFR Number/Document Number" MERGEFORMAT \d Document Number: ITC49

February 11, 2016 Version 1.4

Revision History

Added Revision History page.

Incorporated Amendment 1:

Sec. 3.2.5: Deleted the first sentence of the third paragraph, “All Lease payments shall be due the 10th day of any month in which a Lease payment has been scheduled for payment.”

Added Sec. 3.2.6: Return of IT Assets.

Sec. 3.3: Replaced with updated language regarding the Supplier Diversity Program (SDP) Plan.

Sec. 5: Updated bid response instructions to remove on-line bid submission language.

Sec. 6.1.3: Deleted Comm-PASS SmartBid instructions.

Sec. 6.3.5: Replaced with updated language regarding COMMBUYS.

Sec. 7: Added new Appendix 2 - Required Terms for all information technology statewide RFRs. Renumbered succeeding appendices.

Sec. 1.3: Added section 1.3. Renumbered succeeding sections.

Sec. 1.6: Added section 1.6. Renumbered succeeding sections.

Sec. 1.10: Removed language regarding Comm-PASS.

Sec. 2: Updated the Procurement Calendar

Replaced language regarding Comm-PASS with language regarding COMMBUYS

Sec. 3.5.4: Replaced language regarding Comm-PASS with language regarding COMMBUYS.

Sec. 3.5.4.2.: Added section 3.5.4.2.

Sec. 5: Updated bid response instructions for COMMBUYS.

Sec. 6: Replaced language regarding Comm-PASS with language regarding COMMBUYS.

Sec. 10: Added new Appendix 3 – Instructions for Vendors Responding to Bids Electronically through COMMBUYS. Renumbered succeeding appendix.

Sec. 5.7.2: Updated file name guidelines

RFR Introduction and General Description

1.1 Procurement Scope and Description 1.2 Background information 1.3 Applicable Procurement Law 1.4 Number of awards 1.5 Adding Contractors after initial Statewide Contract award 1.6 Eligible Entities 1.7 Acquisition Method(s) 1.8 Contract Duration 1.9 Performance and payment time frames which exceed Contract duration 1.10 Estimated Value of the Contract 1.10.1 Basis for estimated dollar value for this Statewide Contract (including all options to renew) Procurement Calendar 2.1 Written questions via the Bid Q&A on COMMBUYS 2.2 Locating Bid Q&A 2.3 Debriefing Specifications 3.1 Bidder Qualifications 3.1.1 Minimum Bidder Requirements 3.1.1.1 Years Providing IT Equipment Leasing Services 3.1.1.2 IT Equipment Lease Financing Experience with Governments 3.1.1.3 Capacity 3.1.2 Acceptance of RFR Terms and General Terms and Conditions 3.2 Lease Financing Requirements 3.2.1 Eligible Assets 3.2.2 Maximum Lease Term 3.2.3 Lease Rate 3.2.4 Purchase Prohibition 3.2.5 Payments 3.2.6 Return of IT Assets 3.3 Supplier Diversity Program (SDP) Plan 3.4 Participation in the OSD’s Annual Marketing Event, MASSBUYS 3.5 Requirements for Doing Business After a Contract Has Been Awarded 3.5.1 Reporting Requirements 3.5.1.1 Quarterly Report Due Dates:

3.5.1.2 Audit:

3.5.1.3 Other Terms:

3.5.2 Minimum amount of business with this Contract 3.5.3 Security and confidentiality 3.5.4 Contract Management (Contractor’s interface with Commonwealth’s Contract Manager) 3.5.4.1 Change notification 3.5.4.2 Report Requirements and due dates 3.5.4.2.1 Report Templates will be published on COMMBUYS 3.5.4.2.2 Supplier Diversity Program Expenditure Report 3.5.5 Orders (Contractor’s Interface with Commonwealth Agencies) 3.5.5.1 Request For Quotes Evaluation criteria 4.1 Mandatory requirements 4.2 Desirable specifications 4.3 Alternatives 4.4 Evaluation Components and Process 4.4.1 Evaluation Components 4.4.2 Evaluation Process

HOW TO SUBMIT A BID RESPONSE

5.1 Bid Response Method 5.2 COMMBUYS Quote Submission Training and Instructions 5.3 COMMBUYS Support 5.4 Bid Opening Date/Time 5.5 Quote Contents 5.5.1 RFR Submission Checklist 5.5.2 RFR Response Template 5.5.3 Supplier Diversity Plan Form #1 5.5.4 Commonwealth Terms and Conditions 5.5.5 Commonwealth Standard Contract Form 5.5.6 Contractor Authorized Signatory Listing 5.5.7 Electronic Funds Transfer (EFT) Form 5.5.8 Prohibition regarding contract terms 5.6 Bid Response Materials 5.6.1 Electronic Signatures 5.6.2 Ink Signatures 5.7 Limits and Restrictions 5.7.1 Document Pages 5.7.2 File Naming Conventions 5.7.3 File Size Limits 5.7.4 File Format Restrictions 5.8 Withdrawing a Response 5.8.1 Prior to Bid Opening Date/Time 5.8.2 After Bid Opening Date/Time Appendix 1 – Required Terms for all Statewide RFRs 6.1 General Procurement Information 6.1.1 Alterations 6.1.2 Bidder’s Contact Information 6.1.3 COMMBUYS Market Center 6.1.4 COMMBUYS Subscription 6.1.5 Multiple Quotes 6.1.6 Quote Content 6.1.7 Costs 6.1.8 Electronic Funds Transfer (EFT) 6.1.9 Minimum Quote Duration 6.1.10 Ownership of Submitted Quotes 6.1.11 Prohibitions 6.1.12 Public Records Law 6.1.13 Reasonable Accommodation 6.2 Evaluation – Best Value Selection and Negotiation 6.3 Terms and Requirements Pertaining to Awarded Statewide Contracts 6.3.1 Commonwealth Tax Exemption 6.3.2 Contractor’s Contact Information 6.3.3 Contractual Status of Orders and Service Contracts 6.3.4 COMMBUYS eProcurement System 6.3.5 Emergency Standby Commodities and/or Services 6.3.6 HIPAA: Business Associate Contractual Obligations 6.3.7 Pricing: Federal Government Services Administration (GSA) or Veteran’s Administration Supply 6.3.8 Pricing 6.3.9 Publicity 6.3.10 Save Smart Program ($ave $mart) 6.3.11 Statewide Contractor Marketing Requirements 6.3.12 Subcontracting Policies 6.3.13 Transaction Fee Appendix 2 – Required Terms for all INFORMATION TECHNOLOGY Statewide RFRs 7.1 Enterprise Policy and Standards 7.2 Clarification of Language in Section 11, Indemnification of the Commonwealth Terms and Conditions 7.3 Executive Order 504 Information Technology System and Data Security Disclosure and Commitment Form APPENDIX 2 - Instructions for Execution and Submission of Commonwealth Standard Forms 8.1 Forms located on the Solicitation’s Forms & Terms tab 8.1.1 Commonwealth Standard Contract Form 8.1.2 Commonwealth Terms and Conditions 8.1.3 Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form) 8.1.4 Contractor Authorized Signatory Listing 8.1.5 Supplier Diversity Program (SDP) Plan Form #2 – Declaration of SDP Partners 8.2 Forms located on the Solicitation’s Specifications tab 8.2.1 Supplier Diversity Program (SDP) Plan Form #1 – SDP Plan Commitment APPENDIX 3 - Instructions for Vendors Responding to Bids Electronically through COMMBUYS APPENDIX 4 - glossary

1 RFR Introduction and General Description

1.1 Procurement Scope and Description

The Commonwealth of Massachusetts and the ITC49 Strategic Sourcing Team (SST) are soliciting responses for the acquisition of Leasing Services. The resulting Contract will be the primary Statewide Contract used by Executive Agencies of the Commonwealth for Term Leasing Services for IT Assets. The resulting Contract will be the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The Statewide Contract will also be available for use by other eligible entities listed below. Each Commonwealth Agency and Eligible Entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Statewide Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other Eligible Entities.

Items to be leased under the contract resulting from this RFR include Information Technology Equipment, associated software and peripheral equipment, and other IT Assets authorized by the ITC49 Strategic Sourcing Team (SST) and the Operational Services Division. The resulting Statewide Contract for Term Leasing Services for IT Assets is not intended to be used to purchase Assets, rather it is intended only for term leasing of IT Assets. The Commonwealth has other Statewide Contracts for the purchase of IT Assets and for Tax Exempt Lease Purchases (TELP) of IT Equipment.

1.2 Background information

The Commonwealth of Massachusetts has been using IT leasing programs for at least 20 years. This program has been very successful. Prior Statewide Leasing Contracts were established as a method to allow departments to finance IT asset purchases minimizing the impact to the Commonwealth stakeholders.

Commonwealth IT Term Leasing payments are based on a level payment structure and made on a fixed schedule in arrears. The payment and frequency of payment is fixed, between contractor and Commonwealth, through a “Request for Quotation” (“RFQ”) process offered to IT Asset Lease Financing Contractor/Lessors for a quote on the proposed lease, as prescribed in the ITC49 OSD Contractor Users Guide (i.e., Instructions on How to Use Statewide Contract ITC49).

The Commonwealth IT Asset Lease Financing Contractor provides the Eligible Entity with a fixed schedule of billing statements detailing contract payment amounts individualized by each discreet IT Asset Lease written agreement.

1.3 Applicable Procurement Law

This Bid is issued under MGL c. 7, § 22; c. 30, § 51, § 52; and 801 CMR 21.00 (Goods and Services)

1.4 Number of awards

Multiple Awards - The goal of the SST is to award contracts to as many Bidders as meet the qualifications of the RFR and who demonstrate a commitment to partner with the Commonwealth to ensure a seamless program. The SST reserves the right to restrict or expand the total number of awards if it is in the best interest of the Commonwealth to do so and dependent upon the total number of qualified Bidders, based upon their scored response.

1.5 Adding Contractors after initial Statewide Contract award

This Statewide Contract is considered an "open enrollment" Contract. If, over the life of the Contract, the SST determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Solicitation but were not awarded contracts. It is the intent of the SST to reopen the Solicitation to obtain additional bids at the following intervals: (1) within 10 business days of the initial Close Date of the Solicitation; (2) bi-monthly during the first year of the Contract; (3) upon the annual anniversary date of the initial contract award; and/or (4) upon a decision at any time of the SST to open the Solicitation up for more bid responses if it is in the best interest of the Commonwealth to do so. The SST intends to close the enrollment period twelve (12) months prior to the End Date of the Contract. All contracts shall be awarded with coterminous end dates.

1.6 Eligible Entities

Any Contract resulting from this Bid will be open for use by the following types of entities:

1. Cities, towns, districts, counties and other political subdivisions;

2. Executive, Legislative and Judicial Branches, including all Departments and elected offices therein;

3. Independent public authorities, commissions and quasi-public agencies;

4. Local public libraries, public school districts and charter schools;

5. Public hospitals owned by the Commonwealth;

6. Public institutions of higher education;

7. Public purchasing cooperatives;

8. Non-profit, UFR-certified organizations that are doing business with the Commonwealth;

9. Other states and territories with no prior approval by the State Purchasing Agent; and

10. Other entities when designated in writing by the State Purchasing Agent.

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

1.7 Acquisition Method(s)

The acquisition method(s) to acquire goods and/or services from this Solicitation are Term Lease only through the process outlined herein.

1.8 Contract Duration

The initial term of this Contract is four (4) years. In addition, this Contract has one (1) option to renew of up to one (1) year with a maximum Contract term of five (5) years (including the initial term and all possible renewal options).

1.9 Performance and payment time frames which exceed Contract duration

All term leases entered into during the duration of this Contract and whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No written agreement shall extend more than three (3) years beyond the final termination date of this Statewide Contract. No new leases, rentals, maintenance or other agreements for services may be executed after the Contract has expired.

1.10 Estimated Value of the Contract

The estimated value of purchase(s) resulting from this Bid is $64 million. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Solicitation. Any estimates or past procurement volumes referenced in this Solicitation are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

1.10.1 Basis for estimated dollar value for this Statewide Contract (including all options to renew)

This Estimated Value was derived by reviewing ITC02 data from the Massachusetts Management Accounting and Reporting System (MMARS) and Contractor sales reports to Commonwealth of Massachusetts eligible entities for the life of the ITC02 Statewide Contract, 7/20/1998 – 11/30/2012.

2 Procurement Calendar

Solicitation: Initial Release Date Current Release Date 01/30/2013

02/11/2016

OPTIONAL Trainings COMMBUYS Essentials for Sellers

COMMBUYS: How to Locate and Respond to Bids 02/23/16

Bid: Open Date/Submission Deadline (RFR Responses Due)

Note that the submission requirements for this reopening of the solicitation have changed. Bidders must refer to the instructions in Section 5 of this RFR.

03/07/2016, 3 PM

Times are Eastern Standard/Daylight Savings (US), as applicable. If there is a conflict between the dates in this Procurement Calendar and dates on the Solicitation’s Summary tab or Q&A pages, the dates in this Procurement Calendar shall prevail.

2.1 Written questions via the Bid Q&A on COMMBUYS

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from the SSST regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (See “Locating Bid Q&A,” below). Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify that the questions entered into the Bid Q&A are recorded in COMMBUYS and appear on the Bid Q&A page.

Please note that any questions submitted to the SSST using any other medium (including those that are sent by mail, fax, email or voicemail, etc.) will not be answered. To reduce the number of redundant or duplicate questions, Bidders are asked to review all questions previously submitted to determine whether the Bidder’s question has already been posted.

Bidders are responsible for entering content suitable for public viewing, since all of the questions are immediately accessible to the public. Bidders must not include any information that could be considered personal, security sensitive, inflammatory, incorrect, collusive, or otherwise objectionable, including information about the Bidder’s company or other companies. The SSST reserves the right to edit or delete any submitted questions that raise any of these issues or that are not in the best interest of the Commonwealth or this Bid.

All answers are final when posted. Any subsequent revisions to previously provided answers will be dated.

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Commonwealth assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

2.2 Locating Bid Q&A

Log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q&A” button allows Bidders access to the Bid Q&A page.

2.3 Debriefing

The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of notification of an unsuccessful bid. The SST will provide debriefing guidelines in advance of each debriefing.

3 Specifications

Additional required terms appear in the Appendices to this RFR.

3.1 Bidder Qualifications

3.1.1 Minimum Bidder Requirements

Years Providing IT Equipment Leasing Services

Bidders must have been in the business of providing IT Equipment Leasing services for at least the three (3) most recent consecutive years prior to the submission or provide alternative documentation supporting adequate experience or qualifications.

IT Equipment Lease Financing Experience with Governments

Bidders must have acted as an IT Equipment Lease financier in at least three (3) Operational Term Lease Agreements with Government entities.

Capacity

The minimum dollar amount of IT Equipment Lease Financing that a Bidder must be willing to provide pursuant to this Statewide Contract is $2 million for each year of the life of the contract, including extensions.

3.1.2 Acceptance of RFR Terms and General Terms and Conditions See Appendix 4 for ITC49 General Terms and Conditions, which are incorporated by reference into this RFR. Bidders responding to this RFR understand and agree that the General Terms and Conditions will apply to all selected Contractors and will not be negotiated with individual Contractors to include vendor specific terms. The General Terms and Conditions have been drafted to address language requested by interested Bidders and the unique characteristics of government contracts. It is intended that there will be no protracted negotiation on these terms with any Bidders selected for award. Therefore, Bidders’ responses to this RFR may not condition the submission of their Response on the Commonwealth’s acceptance of additional or different submitted terms. Any exceptions or changes made by Bidders to any of the RFR terms will subject their bid response to possible disqualification.

Please note that the SST and Eligible Entities/Lessees that use the final contract that results from this Solicitation process will NOT be executing any vendor documents, nor will we be modifying terms to match vendor documents. The RFR, General Terms and Conditions, and other attachments are designed to apply to more than one contractor and therefore need to meet the terms and needs of the Commonwealth and all Contractors.

3.2 Lease Financing Requirements

3.2.1 Eligible Assets

Assets eligible for Term Lease Financing under this Contract are limited to Information Technology (IT) Equipment, including Telecommunications Equipment; associated software and peripherals, and other IT Assets authorized by the IT Term Leasing Services SST and the Operational Services Division (OSD).

3.2.2 Maximum Lease Term

The maximum duration for a Lease under this contract is limited to the lesser of; four (4) years, or the useful life of the Asset.

3.2.3 Lease Rate

The Lease rate will be fixed for each Lease for the duration of the Lease. Variable Lease rates may not be used for any Lease.

3.2.4 Purchase Prohibition

All Leased Assets are expected to be returned to the IT Asset Lease Services Contractor at the termination of the Lease. Leases may not include any options for purchase, upgrade, buyout, Fair Market Value Lease Purchase, or transfer of title during the Lease Term. Lease Purchase is prohibited under this Contract, even if requested by an Eligible Entity. Asset purchase may be negotiated separate and apart from the Lease after the termination of the Lease and settlement of all Lease payments as a transaction subject to applicable procurement regulations and policies.

3.2.5 Payments

Lease Payments will be made in accordance with the payment schedules outlined in the Lease Schedule and must not be more frequent than once monthly or less frequent than once annually. Eligible Entities and Contractors may negotiate a progressive payment schedule with larger payments during the beginning of a Lease and lesser payments at the end of a Lease.

Balloon payments, which have smaller payments at the beginning of a Lease and larger payments at the end of a Lease, are prohibited.

If the IT Asset is accepted after the fixed rate date (30 days or other specified period) in the Lease Schedule, the Contractor must provide the Eligible Entity with a new schedule of payments based on a new Lease rate, if applicable.

3.2.6 Return of IT Assets

Unless otherwise agreed, de-installation, packaging, and return of the IT Asset(s) is the responsibility of the Eligible Entity (Lessee). The Contractor (Lessor) must identify the nearest return center located in the contiguous United States for that type of IT Asset.

3.3 Supplier Diversity Program (SDP) Plan

Massachusetts Executive Order 524 established the Supplier Diversity Program within the Supplier Diversity Office of the Operational Services Division in order to promote the award of State Contracts in a manner that develops and strengthens Minority and/or Women Business Enterprises (M/WBEs). More recently, Executive Order No. 546 established the Service-Disabled Veteran Owned Business Enterprise Program (“SDVOBE Program”), which is designed to promote access and equity of opportunity to Commonwealth business opportunities to SDVOBE qualifying businesses. As a result, M/WBEs and SDVOBEs are strongly encouraged to submit bid Responses to this RFR, either as prime vendors, joint venture partners or subcontractors. All Bidders, regardless of their certification status, are required to submit a completed SDP Plan Form #1 – SDP Plan Commitment as part of their Response for evaluation. It is required that Supplier Diversity Program participation accounts for no less than 10% of the total points in the evaluation.

The SST requires Bidders to make a significant commitment to partner with certified Minority-, Women-, and Service Disabled Veteran-Owned Businesses in order to be awarded a Contract. Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with a Certified Partner(s), using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract.

Please note that no Bidder will be awarded a Contract unless and until they submit a completed SDP Plan Form #1.

After contract execution, if any, Contractors must submit a completed SDP Plan Form #2 – Declaration of SDP Partners, which can be found under the Forms & Terms tab of the solicitation, identifying a Certified Partner(s) no later than 30 days after contract execution. Failure to submit a completed SDP Plan Form #2 by the deadline may result in penalties including contract suspension, termination, and/or award to the next apparent successful bidder.

Once an SDP Plan is submitted, negotiated and approved, the SST will then monitor the Contractor’s performance.

Resources available to assist Prime Bidders in finding potential Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) partners can be found at: www.mass.gov/sdp Resources available to assist Prime Bidders in finding potential Service-Disabled Veteran-Owned Business Enterprises (SDVOBE) partners can be found on the SDO webpage at: www.mass.gov/sdo The Supplier Diversity Program offers training on the SDP Plan requirements. The dates of upcoming trainings can be found at: http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/training/osd-event-calendar.html. In addition, the SDP Webinar can be located on the SDP website at: www.mass.gov/sdp.

3.4 Participation in the OSD’s Annual Marketing Event, MASSBUYS

OSD hosts an annual marketing and training trade show, usually in late April or early May, to educate public purchasers and contract end-users on the commodities and services available on statewide contracts, highlight innovative environmentally preferable (green) products and provide marketing and networking opportunities to the business community. The event, recently renamed MASSBUYS, represents the blending of two highly successful long running OSD trade shows, the Statewide Training And Resource (STAR) Exposition and the Environmentally Preferable Products (EPP) Vendor Fair and Conference.

The attendees at these events have included public purchasers and contract end users representing all Commonwealth agencies, cities and towns across the state, independent authorities, higher education and eligible not for profit human and social service organizations. The venue for MASSBUYS has significant marketing value and is extremely cost effective as it provides exceptional opportunities for statewide contractors to market directly to thousands of attendees.

The MASSBUYS Exposition is scheduled each year at either the Boston Convention & Exhibition Center (BCEC) or the DCU Center in Worcester and is 100% supported by statewide contractors as exhibitors. The cost to exhibit is approximately $1100. OSD believes that the show is important because it provides public purchasers and end users with an opportunity to meet over 300 statewide contractors and receive important information on new products, particularly those that save energy, conserve water or other resources, reduce waste as well as the use of toxic substances and may also contain recycled materials. It provides statewide contractors with the unparalleled opportunity to establish and renew business relationships with existing customers and to market their business to approximately 2,000 attendees, many of whom represent potential new customers.

Please note that exhibiting at the MASSBUYS Exposition is not required and no points will be awarded to those Bidders who commit to participate. However, Bidders who indicate their willingness to exhibit at MASSBUYS in their RFR Response will be required to honor their commitment for the duration of their contract, if awarded a contract.

3.5 Requirements for Doing Business after a Contract Has Been Awarded

The requirements below are specific to the Statewide Contract, if any, awarded as a result of this Solicitation. Awarded Bidders (Contractors) must also comply with the requirements stated in Terms and Requirements Pertaining to Awarded Statewide Contracts.

3.5.1 Reporting Requirements

The following shall be reported to the Commonwealth Contract Manager within the timeframes defined below:

· Identification and approval of subcontractors & joint ventures (see Subcontracting Policies and the Commonwealth Terms and Conditions) shall be reported immediately to the Commonwealth Contract Manager.

· Quarterly Performance Report: The IT Equipment Lease Financing Contractor/Lessor shall provide quarterly performance measurement reports to the Commonwealth Contract Manager. Details on projects or equipment funded shall include: name of Lessee, description of equipment, total cost of equipment, payments received, balance due, interest rate, start date and end date of payment schedules, and frequency of payments, as well as any pending projects or issues within the Commonwealth. These reports shall be submitted by the Quarterly Report Due Dates listed in the table below.

· Quarterly SDP Report: The IT Equipment Lease Financing Contractor/Lessor shall submit quarterly SDP reports to the Commonwealth Contract Manager, including details of subcontracted and Ancillary Uses of M/WBE certified firm(s) pursuant to the commitment made in the Contractor’s SDP Plan form, including: name of SDP partner, type of partnership, certification type (MBE and/or WBE), certification expiration date and actual expenditures made to each SDP partner. These reports shall be submitted by the Quarterly Report Due Dates listed in the table below.

Contractor shall submit Quarterly Reports for each Statewide Contract for each Reporting Period, even if there is no reportable activity for the Reporting Period. Contractors who do not comply with these reporting requirements will be considered to be in default and risk contract cancellation.

Quarterly Report Due Dates:

For each quarter, Contractor shall submit Quarterly Performance Report and a Quarterly SDP Report. All reports will be based on calendar quarters (Reporting Periods) and must be received by OSD on or before 45 days after the last day of the Reporting Period (as specified below) or a contractor will be considered in breach of contract:

Audit:

During the term of this Agreement and for a period of six years thereafter, the Operational Services Division, its auditors, the Office of the Inspector General or other authorized representatives shall be afforded access at reasonable times to Contractor's accounting records, including sales information on any system, reports or files, in order to audit all records relating to goods sold or services performed pursuant to this Agreement. If such an audit indicates that Contractor has materially under-reported OSD, then the Contractor shall be responsible for payment of any costs associated with the audit.

Other Terms:

In the event of the Contractor’s breach of this policy including, but not limited to, non-reporting, late reporting, and under-reporting, the Commonwealth reserves the right to pursue any and all recourse and penalties available including, but not limited to, contract suspension and contract termination. The Commonwealth is allowed to suspend, terminate or debar pursuant to Massachusetts General Laws Chapter 29, Section 29F, as amended, and pursuant to Section 4 of the Commonwealth Terms and Conditions.

3.5.2 Minimum amount of business with this Contract

In order to remain on this Statewide Contract, Bidders must meet the following requirements regarding the amount of business conducted under the Statewide Contract:

Contractors that conduct less than $100,000 in business under this Contract during a twelve (12) month period may have their contract suspended. A Contractor suspended under this clause may request to have their contract reactivated at the next contract renewal or reopening provided the request includes a credible and specific business plan that demonstrates to the satisfaction of the SST the ability of the Contractor to achieve and maintain at least $100,000 in business in a twelve month period.

3.5.3 Security and confidentiality

The Contractor shall comply fully with all security procedures of the Commonwealth and Commonwealth Agencies in performance of the Statewide Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Commonwealth Agency.

3.5.4 Contract Management (Contractor’s interface with Commonwealth’s Contract Manager)

The individual listed in the Purchaser field in the Header Information section of the Master Blanket Purchase Order is the Commonwealth Contract Manager. All Statewide Contract questions must be directed to the Commonwealth Contract Manager.

All Contractors are required to have an established Contract Manager for this contract to be listed as the contact for the Contractor for this contract (if awarded). Bidders must identify this Contract Manager in their responses.

The Contract Manager will be responsible for operation and administration of the contract by the Contractor. The Contract Manager must respond in a timely manner and in writing unless instructed otherwise, to all information requests from OSD’s Procurement Manager(s). The Contract Manager must attend meetings at OSD or at other sites, as requested and determined necessary by the SSST. The Contract Manager will be responsible for reports required in the RFR and will serve as liaison between the Contractor and OSD and any other eligible entity. The SSST may require the Contractor to remove the Contract Manager from work on this contract, if in its opinion, it is apparent that the Contract Manager does not deliver work that conforms to performance standards stated in this RFR or hinders effective use of the contract.

Change notification Changes to the Contractor’s contact information, including Contractor’s Contract Manager, Customer Service and other Key Personnel, company name, legal address, payment address, tax identification number, authorized signatories, SDO-certification status, or EFT information must be promptly reported via email to the Commonwealth Contract Manager. In some cases additional paperwork will be required to effect the change.

Report Requirements and due dates

3.5.4.1.1 Report Templates will be published on COMMBUYS

The Sales and Supplier Diversity Plan Spend Report template specific to this contract will be posted as an attachment on the ITC49 MBPO record on COMMBUYS.com.

3.5.4.1.2 Supplier Diversity Program Expenditure Report

As part of the Sales/SDP quarterly reporting, Awarded Bidders must report spend with the SDO-certified partners as named on the Bidder’s SDP Plan Form #2. See section 3.3 for more detailed information about the Supplier Diversity Plan forms and requirements. Awarded Bidders must list the organization names, certification types, and associated spend with each, for the reporting period.

3.5.5 Orders (Contractor’s Interface with Commonwealth Agencies) Request for Quotes

Commonwealth Agencies are required to obtain quotes from multiple Statewide Contractors prior to issuing an order.

4 Evaluation criteria

Bidder scores will be used to rank Bidders and will determine which Bidders will proceed to subsequent stages of the evaluation and/or enter into negotiations with the Commonwealth to receive a Contract award.

4.1 Mandatory requirements

Mandatory Specifications must be met in order for a Bid to be evaluated and may be used to disqualify Bidders. In addition, certain mandatory specifications have desirable components to them that may be evaluated by the SST. The SST reserves the right, in its discretion, to determine if non-compliance with a Mandatory Specification is insignificant or can be easily corrected.

Solicitation sections that include terms such as: “must”, “shall”, “will” and “required” are “mandatory.” Failure to meet the requirements of a mandatory specification without providing an alternate that is acceptable to the evaluators may result in the disqualification of a Bidder's proposal.

4.2 Desirable specifications

Desirable specifications will be scored according to the Evaluation Criteria.

RFR specifications prefaced with language such as: "desirable", "could," "can," "should," "preferably," "prefers," "suggested," and "requested" identify a desirable or discretionary item or factor that is considered by the issuer to be "desirable." The issuer has listed all desirable specifications which will receive points in the evaluation criteria.

4.3 Alternatives

A Response which fails to meet any material term or condition of the Solicitation, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, Bidders may submit Responses proposing alternatives which provide equivalent, better or more cost effective performance than achievable under the stated Solicitation specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the Contract. The Response should describe how any alternative achieves substantially equivalent or better performance to that of the Solicitation specifications.

The SST will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this Solicitation is to provide the best value of commodities and/or services to achieve the goals of the procurement.

4.4 Evaluation Components and Process

4.4.1 Evaluation Components

The following components will be some of the criteria considered by the team when evaluating each Response/bid:

· Business Profile

· Business References

· IT Asset Leasing Experience, including:

Number of years providing IT Asset Lease Financing; and Prior IT Asset Lease Financing agreements with Government entities

· Minimum IT Asset Lease Financing Commitment

· Supplier Diversity Program (minimum 10% weight)

· Willingness to execute Contract within the Procurement Calendar timeline without protracted negotiations

4.4.2 Evaluation Process

The SST will follow the steps below in evaluating the Bid Responses:

· Log all Responses, reviewing mandatory information, including RFR Response Template and other forms described in RFR.

· Prescreen the Responses, tabulating the results of this review. The tabulation will gauge if responses meet the minimum required qualifications and specifications sections of the RFR.

· Evaluate the Responses based upon the Best Value presented for both the qualifications and specifications. Bidders will be ranked to determine which Responses provide the best fit for the RFR needs. This ranking is considered only a preliminary ranking and is not binding upon the SST.

· Based upon the results of the ranking, the SST will determine if interviews (optional in-person or telephonic) will be necessary and how many Bidders will be offered an opportunity for an Interview. Interviews must be attended by key personnel who will be assigned to the contract and individuals authorized to answer questions about the offered services and who are authorized to negotiate the terms of the Response. Bidders may be asked if they would submit a Best and Final offer or if they want to negotiate the Best and Final offer as part of the Interview.

· Offer a Best and Final offer, if warranted.

· Based upon the results of the Interview and the Best and Final offer (if any), the SST will re-rank the Bidders and make the final decision for selection.

· Contract Execution. The selected Bidders will be required to execute all required documents prior to the start of performance.

5 HOW TO SUBMIT A BID RESPONSE

Bidders must submit a response no later than the date and time noted on the Procurement Calendar in Section 2 of this RFR.

5.1 Bid Response Method

Online Quote Submission via COMMBUYS is required to eliminate direct and indirect costs associated with the production, delivery/receipt, storage and management of traditional paper bids incurred by Bidders, the Operational Services Division, and the Commonwealth of Massachusetts. Bids submitted via COMMBUYS tools also promote environmental conservation and preservation by eliminating printed materials as well as fossil-fuel consumption associated with delivery. All Bidders must submit Quotes online using tools available only to Sellers registered in COMMBUYS.

COMMBUYS provides Seller registration functionality at no charge. To register, go to www.COMMBUYS.com and click on the “Register” link on the front page. All Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active account during the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

5.2 COMMBUYS Quote Submission Training and Instructions

The following resources are provided to assist Bidders in submitting Quotes:

· Appendix 3 - Instructions for Vendors Responding to Bids Electronically through COMMBUYS, which is part of this document;

· Training sessions focused on online Quote submission, if offered, are noted in the Estimated Procurement Calendar;

· An online job aid on how to create a quote;

· Webcast video on How to Find Bids (Solicitations) and Submit Quotes (Responses) through COMMBUYS.

5.3 COMMBUYS Support

Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

Website: Go to www.mass.gov/osd/commbuys and select the COMMBUYS Resource Center link offered under Key Resources.

Email: Send inquiries to the COMMBUYS Helpdesk at COMMBUYS@state.ma.us Telephone: Call the COMMBUYS Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

5.4 Bid Opening Date/Time

All Bids must be received by the Operational Services Division before the specified date, month, year and time displayed as the Bid Opening Date/Time in the Header Information section of the Bid in COMMBUYS. Times are Eastern Standard/Daylight Savings (US), as applicable. All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. OSD is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.

5.5 Quote Contents

Bidders must comply with the requirements below.

5.5.1 RFR Submission Checklist

Strategic Sourcing Teams seek to reduce the number of Bidder disqualifications based on incomplete submissions. Therefore, Bidders must complete and submit the RFR Submission Checklist and all documents referenced in the Checklist.

5.5.2 RFR Response Template

Bidders must complete and submit.

5.5.3 Supplier Diversity Plan Form #1

Bidders must complete and submit.

5.5.4 Commonwealth Terms and Conditions

Bidders must complete and submit hardcopy upon contract award.

5.5.5 Commonwealth Standard Contract Form

Bidders must complete and submit hardcopy upon contract award.

5.5.6 Contractor Authorized Signatory Listing

Bidders must complete and submit hardcopy upon contract award.

5.5.7 Electronic Funds Transfer (EFT) Form

Bidders must complete and submit hardcopy upon contract award.

5.5.8 Prohibition regarding contract terms

Bidders must not, as part of their bid Responses, propose additional contractual terms, or supplemental or clarifying language pertaining to contractual terms, even if the proposed additions/clarifications are not in conflict with the Commonwealth Terms and Conditions, the Standard Contract Form, or other documents comprising this RFR. It is essential for Contracting Departments that all contractors’ Statewide Contracts can be depended upon to incorporate the same terms and only those terms. Contractors who wish to propose additional non-conflicting contractual terms, or supplemental or clarifying language, may do so ONLY on a case-by-case basis, negotiated for each specific engagement and memorialized in the Project Statement of Work.

5.6 Bid Response Materials

5.6.1 Electronic Signatures

Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab of the Bid in COMMBUYS. By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, the 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.

5.6.2 Ink Signatures

Original ink signatures are required only after contracts have been awarded. The Commonwealth of Massachusetts requires Contractors to submit original ink-signature versions of the following forms:

· Standard Contract Form

· Commonwealth Terms and Conditions

· Contractor Authorized Signatory Listing

· Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form)

· Electronic Funds Transfer Sign Up Form

Successful Bidders who agreed to the terms and conditions of these forms electronically via COMMBUYS online Quote submission tool must still submit the above forms with ink signatures within seven (7) calendar days of award notification or their contract may not be executed by the Commonwealth. Bidders who have previous contract(s) with the Commonwealth and have up-to-date, ink-signature versions of the Commonwealth Terms and Conditions and Request for Taxpayer Identification and Verification (Mass. Substitute W9 Form) on file with the Office of the State Comptroller may submit copies of the signed forms. However, a new Standard Contract Form and Contractor Authorized Signatory Listing with original ink signatures must be submitted for each new contract with the Commonwealth.

5.7 Limits and Restrictions

5.7.1 Document Pages

Bidders should submit no more than two (2) double-sided pages (excluding the required forms, templates and attachments) of narrative if they would like to provide additional information not requested on the required forms, templates and attachments. If Bidders exceed the page limits, the SST may decide to only read and evaluate only those pages up to the page limit referenced above or take other steps as determined by the SST.

5.7.2 File Naming Conventions

Files submitted via COMMBUYS must follow the file naming convention specified below. The Description entered during the file upload process ensures each file is readily identified by Company Name and content. The File Name assigned by the Bidder as stored on their computer or network must be structured such that each file can be processed by the upload tool. The upload tool will reject any file name that includes spaces or symbols, like the brackets [ ] some systems apply when files are downloaded from the Internet.

RFR Section or

Quote Component Description

Enter in COMMBUYS during upload File Name

Assign when creating files

5.7.3 File Size Limits

The system will not accept files that approach or exceed 10 MB. If a large file fails to upload, the Bidder must save the contents as multiple files. Note the naming convention used above which illustrates distinguishing multi-part files through use of Part 1, Part 2, etc.

5.7.4 File Format Restrictions

All scanned documents must be in .pdf or .gif format, and must be scanned in such a way that they can be read on a computer monitor and printed on 81/2” x 11” paper, unless otherwise specified. Forms provided for the Bidder to complete, with the exception of the forms requiring ink signatures, must be completed and submitted in their original formats, NOT scanned and submitted as PDF or other file types.

5.8 Withdrawing a Response

5.8.1 Prior to Bid Opening Date/Time

Quotes may be withdrawn using the “Withdraw Quote” button offered under the Summary tab of a submitted Quote.

5.8.2 After Bid Opening Date/Time

No Quote can be withdrawn after the Bid Opening Date/Time. If the Bidder wants to remove a Quote from consideration, contact the Strategic Sourcing Services Lead for guidance.

6 Appendix 1 – Required Terms for all Statewide RFRs

The terms of 801 CMR 21.00: Procurement of Commodities and Services are incorporated by reference into this RFR. Words used in this RFR shall have the meanings defined in 801 CMR 21.00. Additional definitions may also be identified in this RFR. Unless otherwise specified in this RFR, all communications, Responses, and documentation must be in English and all cost proposals or figures in U.S. currency. All Responses must be submitted in accordance with the specific terms of this RFR.

6.1 General Procurement Information

6.1.1 Alterations

Bidders may not alter (manually or electronically) the Solicitation language or any Solicitation component files, except as directed in the RFR.