ITC66_RFR_V1_3.doc

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ITC66 - Statewide Contract for Copiers, Printers, Scanners, and Related Equipment and Services
Solicitation number
BD-17-1080-OSD03-SRC01-00000009791
Issued by
Massachusetts

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This document is a Request for Response (RFR) issued by the Commonwealth of Massachusetts Executive Office For Administration and Finance Operational Services Division for a Statewide Contract for Copiers, Printers, Scanners and Related Devices and Services. The RFR is seeking bids from qualified vendors to provide equipment and services in four categories: 1) NASPO Copiers, Printers, and Related Devices, 2) Digital Duplicators, 3) Scanners, Facsimile and Micrographic Equipment, and 4) Maintenance Services and Supplies. The target maximum number of contract awards ranges from 3-7 per category. Bids are due by October 20, 2016 with an estimated contract start date of November 22, 2016. The initial contract term is through January 1, 2020 with two one-year renewal options.

The estimated contract value is $230 million over the maximum term. Eligible entities include state agencies, local governments, public schools, libraries, and other public institutions. Pricing terms include outright purchase, operational term lease, fee for service, rental, and licensing. Bidders must meet qualification requirements related to company certifications, experience, and references. Equipment specifications address performance, energy efficiency, environmental impact, and service requirements.

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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: Copiers, Printers, Scanners and Related Devices and Services ASK "RFR Number/Document Number" \* MERGEFORMAT Agency Document Number: ITC66 COMMBUYS Bid#: BD-17-1080-OSD03-SRC01-00000009791 October 4, 2016

Revision History

Version
Date
Author
Brief Description
1.0
9/12/2016
T. Kennedy
Initial release
1.1
9/22/2016
T. Kennedy
Title page: correction to Bid #

Section 2: Revised the Procurement Calendar

Section 3.1: Added authorized distributors

Section 3.2.3.1: Revised excluded products

Section 3.2.4.9: Replaced “Attachment D” with “Cost Tables”

Section 3.3.4.4: Added reference to clarification language

Section 3.6.1: Replaced “Attachment C” with “Attachment E”

1.2
9/30/2016
T. Kennedy
Section 2: Revised the Procurement Calendar
1.3
10/4/2016
T, Kennedy
Section 3.3.4.16: Renamed the ECF as Exhibit 1.

Added new Section 6.3.3.1: Contractor Forms Prohibition

RFR Introduction and General Description

11.1 Procurement Scope and Description

11.1.1 Category 1 – Copiers, Printers, and Related Devices

11.1.2 Category 2 – Digital Duplicators

11.1.3 Category 3 – Scanners, Facsimile and Micrographic Equipment, and Scanning Services

21.1.4 Category 4 –Maintenance Services and Supplies

21.1.5 Exclusions

21.2 Background information

21.3 Applicable Procurement Law

21.4 Number of awards

21.5 Adding Contractors after initial Statewide Contract award

21.6 Eligible Entities

31.7 Acquisition Method(s)

31.8 Contract Duration

31.9 Performance and payment time frames which exceed Contract duration

31.10 Estimated Value of the Contract

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

Estimated Procurement Calendar

42.1 Written questions via the Bid Q&A on COMMBUYS

52.2 Locating Bid Q&A

52.3 Debriefing

Specifications

63.1 Bidder Qualifications

63.1.1 Company certifications and affiliations

73.1.2 Company experience

73.1.3 References and reference information and/or requirements

73.1.4 Background/CORI check requirements

83.2 Commodity Specifications

83.2.1 Performance specifications, durability, disclosures and recalls

83.2.2 Category 2 - Digital Duplicators

83.2.3 Category 3 – Scanners, Facsimile, Micrographic Equipment, and Related Services

93.2.4 Category 4 – Services and Supplies

153.2.5 Approvals and standards (UL, CE, FCC, FDA, ASTM, IEEE)

153.2.6 Warranties and guarantees

153.2.7 Availability guarantees of service, service parts, accessories and supplies

153.2.8 Operating manuals

153.2.9 New in the box, most current version and not discontinued by the manufacturer

153.2.10 Remanufactured supplies / Recycled paper provisions

163.3 Service Specifications

163.3.1 Meter Credits

163.3.2 Hard Drive Removal / Data Erasure

163.3.3 Rental

173.3.4 Lease

223.3.5 Upgrade or Replacement of Non-Defective Equipment During Period of Term Lease or Rental

233.3.6 Tax Exempt Lease Purchase (TELP)

233.3.7 Loaner Equipment

233.3.8 Maintenance Service and Technical Support

243.3.9 Equipment Performance (Lemon Clause)

243.3.10 Replacement or Repair of Defective Equipment

253.3.11 Supply Problems

263.3.12 Emergency response plans/preparedness

263.3.13 Pre-installation

263.3.14 Installation

273.3.15 Post-installation

273.3.16 Training & training materials

273.4 Environmental Specifications

273.4.1 Executive Order 515, Establishing an Environmental Purchasing Policy

283.4.2 Environmental plan

283.4.3 Energy Efficiency

293.4.4 EnergyStar® Service and Maintenance

303.4.5 Equipment and Supply Packaging

303.4.6 Equipment Design

303.4.7 Toxics Reduction

313.4.8 End-of-Life Management

323.4.9 Electronic Equipment Emissions

323.4.10 Disclosure of Flame Retardants:

323.5 License Agreements and Service Agreements

323.6 Compensation Structure/Pricing

323.6.1 Cost tables

343.6.2 Travel expenses and all other expenses

343.7 Supplier Diversity Program (SDP) Plan

353.7.1 Supplier Diversity Program Subcontracting Policies

363.8 Participation in the OSD’s Annual Marketing Event, MASSbuys

363.9 Requirements for Doing Business after a Contract Has Been Awarded

363.9.1 Statewide Contract Administration Fee and Report

393.9.2 Minimum amount of business with this Contract

393.9.3 Security and confidentiality

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

403.9.5 Orders (Contractor’s Interface with Commonwealth Agencies)

Evaluation criteria

424.1 Mandatory requirements

424.2 Desirable specifications

424.3 Alternatives

424.4 Evaluation Components

424.4.1 Price

434.4.2 Supplier Diversity Plan (formerly Affirmative Market Plan) (minimum of 10% weight)

434.4.3 Company certifications and affiliations

434.4.4 Company experience

434.4.5 References and reference information and/or requirements

434.4.6 Environmental specifications

434.4.7 Other desirable or optional specifications

HOW TO SUBMIT A QUOTE / RESPOND TO THIS BID

445.1 Quote Submission Method

445.2 COMMBUYS Quote Submission Training and Instructions

445.3 COMMBUYS Support

455.4 Bid Opening Date/Time

455.5 Quote Contents

455.5.1 RFR Submission Checklist

455.5.2 Additional attachments

455.5.3 Bidder Response Form

455.6 Quote Materials

455.6.1 Electronic Signatures

455.6.2 Ink Signatures

465.7 Limits and Restrictions

465.7.1 File Naming Conventions

465.7.2 File Size Limits

465.7.3 File Format Restrictions

475.8 Withdrawing a Quote

475.8.1 Prior to Bid Opening Date/Time

475.8.2 After Bid Opening Date/Time

APPENDIX 1 – Required Terms for all Statewide RFRs

486.1 General Procurement Information

486.1.1 Alterations

486.1.2 Bidder’s Contact Information

486.1.3 COMMBUYS Market Center

486.1.4 COMMBUYS Subscription

496.1.5 Multiple Quotes

496.1.6 Quote Content

496.1.7 Costs

496.1.8 Electronic Funds Transfer (EFT)

496.1.9 Executive Order 509, Establishing Nutrition Standards for Food Purchased and Served by State Agencies

506.1.10 Minimum Quote Duration

506.1.11 Ownership of Submitted Quotes

506.1.12 Prohibitions

506.1.13 Public Records Law

506.1.14 Reasonable Accommodation

506.2 Evaluation – Best Value Selection and Negotiation

516.3 Terms and Requirements Pertaining to Awarded Statewide Contracts

516.3.1 Commonwealth Tax Exemption

516.3.2 Contractor’s Contact Information

516.3.3 Contractual Status of Orders and Service Contracts

516.3.4 Emergency Standby Commodities and/or Services

516.3.5 HIPAA: Business Associate Contractual Obligations

526.3.6 Pricing: Federal Government Services Administration (GSA) or Veteran’s Administration Supply

526.3.7 Pricing

526.3.8 Publicity

526.3.9 SaveSmart Program ($ave$mart)

526.3.10 Statewide Contractor Marketing Requirements

536.3.11 Subcontracting Policies

536.3.12 Transaction Fee

APPENDIX 2 – Required Terms for all INFORMATION TECHNOLOGY Statewide RFRs

547.1 Enterprise Policy and Standards

547.2 Clarification of Language in Section 11, Indemnification of the Commonwealth Terms and Conditions

557.3 Executive Order 504 Information Technology System and Data Security Disclosure and Commitment Form

APPENDIX 3 - Instructions for Execution and Submission of Commonwealth Standard Forms

568.1 Commonwealth Standard Contract Form

568.2 Commonwealth Terms and Conditions

578.3 Request for Taxpayer Identification Number and Certification (Mass. Substitute W9 Form)

578.4 Contractor Authorized Signatory Listing

588.5 Supplier Diversity Program (SDP) Plan Form #2 – Declaration of SDP Partners

588.6 Supplier Diversity Program (SDP) Plan Form #1 – SDP Plan Commitment

588.7 Additional Environmentally Preferable Products / Practices

588.8 Prompt Payment Discount Form

588.9 Business Reference Form

APPENDIX 4 - Instructions for Vendors Responding to Bids Electronically through COMMBUYS

GLOSSARY

1 RFR Introduction and General Description

1.1 Procurement Scope and Description

The Commonwealth of Massachusetts and the Copiers, Printers, and Related Devices and Services Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of Copiers, Printers, Digital Duplicators, Scanners, and Related Services and Supplies. 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.

1.1.1 Category 1 – NASPO Copiers, Printers, and Related Devices

Category 1 – NASPO Copiers, Printers, and Related Devices will be based upon Participating Addenda to be negotiated by the Commonwealth with vendors on the National Association of State Procurement Officials (NASPO) cooperative procurement RFP 3091 for Copiers, Printers and Related Devices. NASPO Vendors under this category are manufacturers of equipment organized under the following NASPO Product Groups:

Group A: Convenience Copiers

Group B: Production Copiers

Group C: Wide Format

Group D: Printers

Group E: Digital Duplicators

Group F: Scanners

The type of equipment each vendor may sell under this Category 1 is limited to their NASPO contract award, and as listed on the Participating Addendum executed with the Commonwealth.

The remaining categories 2 – 4 will be bid according to the specifications and requirements of this RFR. NASPO vendors must respond to these categories and be awarded in order to offer products and/or services in these categories that are not included in their NASPO awards. NASPO vendors awarded Category 1 contracts need not submit a response to Categories 2, 3, or 4 of this RFR in order to sell the goods and services included in their NASPO awards which otherwise would qualify in one of these categories.

1.1.2 Category 2 – Digital Duplicators

High production devices that make use of templates to create a large quantity of documents quickly at the lowest cost per copy. Such devices are commonly equipped with a medium that serves as a stencil, ink, and a drum, however new digital duplicating technologies are also allowed. Software, supplies, and maintenance services are allowed under this category.

1.1.3 Category 3 – Scanners, Facsimile and Micrographic Equipment, and Scanning Services Devices and services which convert paper or microfiche documents into digital images in high volume (production) quantities. Software, supplies, maintenance, and related services are allowed under this category.

1.1.4 Category 4 –Maintenance Services and Supplies

Maintenance services and Remanufactured, Generic, and OEM Supplies provided by authorized dealers.

1.1.5 Exclusions

Not included in this RFR are Managed Print Services and software that is not essential to the primary functionality of the equipment. Such services and ancillary software may be available from other Commonwealth Statewide Contracts, if any.

1.2 Background information

This RFR is intended to create the successor statewide contract to OFF32 – Photocopier, Facsimile, Digital Duplicator Equipment and Service; Photocopier, Facsimile, Digital Duplicator and Printer Supplies and OFF27 – Document Solutions, Microfiche/Microfilm and Imaging Equipment, Software, Supplies, and Services.

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

The target maximum number of Contractors for each Category is as follows.

Category 1 - NASPO Copiers, Printers, and Related Devices: seven (7) awards Category 2 – Digital Duplicators: three (3) awards Category 3 – Scanners, Facsimile and Micrographic Equipment, and Scanning Services: five (5) awards

Category 4 – Maintenance Services and Supplies: five (5) awards per manufacturer brand These are target numbers; the SST may award more or fewer Statewide Contracts if it is in the best interests of the Commonwealth to do so.

1.5 Adding Contractors after initial Statewide Contract award

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 Bid but were not awarded contracts. If necessary to meet the requirements of the Commonwealth, the Bid may be reopened to obtain additional Quotes.

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 Bid are outright purchase, Operational Term Lease (Not to exceed 60 months), Fee for Service, Rental (Not to exceed 6 months), and License.

1.8 Contract Duration

The initial term of this Contract ends January 1, 2020. In addition, this Contract has two options to renew of up to one year each with a maximum Contract End Date of January 1, 2022 (including the initial term and all possible renewal options).

1.9 Performance and payment time frames which exceed Contract duration All term leases, rentals, maintenance or other agreements for services 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 60 months 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 $230,000,000 over the maximum term of the contract. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid 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 Contractor sales reports to Commonwealth of Massachusetts eligible entities for FY2014 – FY2016.

FY2014
FY2015
FY2016
Equipment and Services
$38,080,110
$37,589,142
$51,476,086
Supplies
$4,476,330
$4,408,049
$4,759,154
Total
$42,556,440
$41,997,191
$56,235,240

2 Estimated Procurement Calendar

EVENT
DATE
Announcement of Intent to Procure
6/16/2016
Bid Release Date
9/12/2016
Deadline for submission of written questions through COMMBUYS “Bid Q&A”
9/29/2016, 5 PM
Official answers for Bid Q&A published (Estimated)
10/3/2016

Training for Online Submission Locate and Respond to Bids in COMMBUYS (1 hour webinar) Dates and Times Available:

September 28, 2016

2 – 3 PM

Bid Amendment Deadline. Online Quote submission begins. Bid documents will not be amended after this date.
10/4/2016
Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)
10/20/2016, 3 PM
Notification of Apparent Successful Bidder(s) (Estimated)
11/8/2016
Completion of Online Catalogs (Estimated)
11/15/2016
Estimated Contract Start Date
11/22/2016

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q&A, on COMMBUYS for Procurement Calendar updates.

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 SST 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 SST 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, collusory, or otherwise objectionable, including information about the Bidder’s company or other companies. The SST 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 the resulting Master Blanket Purchase Order being posted on COMMBUYS. 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

Category 1: NASPO Copiers, Printers, and Related Devices Category 1 is open to awarded vendors on the National Association of State Procurement Officials (NASPO) cooperative procurement RFP 3091 for Copiers, Printers and Related Devices that negotiate and execute Participating Addenda with the Commonwealth in a process separate from this RFR. The remainder of this RFR applies to Categories 2 – 4 only.

Category 2: Digital Duplicators and Category 3: Scanners, Facsimile, Micrographic Equipment, and Related Services Bidders must be manufacturers or manufacturer Authorized Dealers of Digital Duplicators, Scanners, Facsimile, or micrographic equipment in order to propose products and services for Category 2 or Category 3. Bidders must offer maintenance and service for the proposed equipment.

Category 4: Maintenance Services and Supplies Bidders proposing maintenance services in Category 4 must be an equipment manufacturer or an Authorized Dealer authorized by the equipment manufacturer to provide service.

Bidders proposing Supplies in Category 4 must be: manufacturers or manufacturer Authorized Dealers authorized to provide supplies. Authorized Dealers must be authorized by the manufacturer or by the manufacturer’s authorized distributor.

Manufacturers Bidding with Authorized Dealers Manufacturers bidding on Categories 2, 3, or 4 must ensure complete coverage of service throughout the Commonwealth of Massachusetts. Manufacturers intending to utilize authorized dealers as subcontractors to support this contract must include in their response a list of authorized dealers authorized to represent them per the terms and conditions of this RFR and indicating in which Massachusetts counties the authorized dealer is authorized (Attachment B).

The Manufacturer, as an awarded Contractor, shall be fully responsible for meeting all of the terms of this RFR. The awarded Contractor will have full responsibility for the performance of their authorized dealer(s). Contractors will be responsible for the training and education of authorized dealers to ensure contract compliance.

3.1.1 Company certifications and affiliations

3.1.1.1 Authorization letters

Awarded vendors must notify the OSD Contract Manager, within 30 days and in writing, of changes in their manufacturer authorizations. Such changes include increased restrictions, expiration, or cancellation of the authorization. Vendors agree to provide proof of manufacturer authorization upon request during the term of the contract.

Category 2 and Category 3

All authorized dealers must submit a scanned copy of the manufacturer’s authorization for each equipment manufacturer brand for which the bidder proposes to provide equipment.

Category 4 Remanufactured, Generic, and OEM Supplies

Category 4 bidders must submit with their bid a scanned copy of the manufacturer’s authorization for each manufacturer brand for which the bidder proposes to provide supplies. Manufacturer authorization letters must: bear the letterhead of the manufacturer; be dated no more than three months prior to the Bid Opening date; be current as of the Bid Opening date, confirm the manufacturer has been in business providing remanufactured and/or generic supplies for no less than three (3) years preceding the Bid Opening date, be current as of the Bid Opening date; and identify the bidder using the bidder’s company legal name.

Category 4 Maintenance Services Category 4 bidders must submit with their bid a scanned copy of the equipment manufacturer’s authorization for each equipment manufacturer brand for which the bidder proposes to provide service. Equipment manufacturer authorization letters must: bear the letterhead of the equipment manufacturer; be dated no more than three months prior to the Bid Opening date; be current as of the Bid Opening date; and identify the bidder using the bidder’s company legal name.

3.1.2 Company experience

3.1.2.1 Years in the industry of the Bid

All bidders must have been in the business of providing the goods and/or services sought in this RFR for at least three (3) years preceding the Bid Opening date of this RFR. Points may be awarded based upon the number of years greater than three years.

In case of vendors which have new Tax ID numbers as a result of a merger or acquisition, the SST wishes to consider the experience and qualifications of the companies which combined to create the new entity.

In the response to this section, Bidders must identify any changes to the company’s Tax ID which took place as a result of a merger or acquisition within the past 3 years. Provide a sufficient description for each merger or acquisition to enable the SST to easily determine the years of experience of the combined entity.

3.1.3 References and reference information and/or requirements

Bidders must include in the Response ten (10) customer references for the products and/or services that they have supplied within the past two (2) years and that are the most relevant and comparable to those being proposed. Two of the references must be the two largest customers, based upon purchase dollar volume, in Massachusetts.

The SST reserves the right to verify references included in the Response and to conduct other reference checks as deemed appropriate.

3.1.4 Background/CORI check requirements

The Commonwealth maintains strict building and property security requirements. This may require Contractors to obtain permission from the designated Eligible Entity representative prior to Contractor personnel attempting to access the site. The Bidder must provide personnel who will agree to all security requirements including, but not limited to, background checks, physical search, etc., prior to entering or exiting Eligible Entity sites that require such (i.e. schools, the Dept. of Corrections, etc.). The Commonwealth reserves the right to conduct a security background check or otherwise approve any employee, Subcontractor or agent furnished by the Bidder and to refuse access to or require replacement of any personnel for cause based on, including but not limited to, professional, technical or training qualifications, quality of work or change in security status or non-compliance with the Eligible Entity’s security or other requirements. Such approval shall not relieve the Bidder of the obligation to perform all work in compliance with the Contract terms.

3.2 Commodity Specifications

3.2.1 Performance specifications, durability, disclosures and recalls

All equipment and supplies available under this contract must perform to the manufacturer’s specifications. Vendors must provide notice in writing of any recalls for equipment or supplies during the term of the contract to the OSD Contract Manager and purchasing Eligible Entities.

All equipment must be compatible with the use of at least 50% total recycled and 30% post-consumer recycled content paper. Equipment malfunctions may not be blamed on recycled paper.

3.2.2 Category 2 - Digital Duplicators

The minimum specifications of Digital Duplicators are as follows:

· Resolution: 300 x 300 DPI, minimum

· Printing speed: 60 PPM, minimum

· Image area/Input size/Output size: Letter and Legal Size, minimum

· Paper Weight: 13 lbs – 110 lbs, minimum

· Paper Tray Capacity: 1,000 sheets, minimum

· Automatic Master Disposal

· Image Shifting Controls: Side to Side, Top to Bottom

· Imaging Process: Scanning, creating a master and producing a copy

· Master Impressions: 200 master cuts per roll, minimum

3.2.3 Category 3 – Scanners, Facsimile, Micrographic Equipment, and Related Services

Scanning equipment must allow you to process various size documents with an automatic document feeder. [Ttt Encourage bidders to offer a wide range of scanner capabilities.] Scanning equipment can be both black and white and/or color with optional duplex capabilities. The associated software must have the capability to manage the input and search and retrieval needs of the Customer.

Bidders proposing scanning equipment must be able to design, develop, implement, and/or operate a scanning solution. Vendors will be able to supply complete systems solutions for an enterprise. The scanning solution may be for a “turnkey” (standardized system design) or custom-built for a single customer to meet the client’s requirements.

The minimum specifications of Facsimile equipment are as follows:

· Monthly volume: 1,000 sheets, minimum

· Printing system: LED or Laser, minimum

· Memory: 1 MB, minimum

· Coding/Data Compression: MH, MR, MMR minimum. JBIG desirable

· Scan Resolution (lines per inch):

· Standard – 203 x 98

· Fine – 203 x 196

· Extra Fine – 203 x 392

· Output Resolution:

· Low: 300 x 300 dpi

· Medium: 400 x 400 dpi

· High: 600 x 600 dpi

· Automatic document feeder: 30 pages, minimum

· Recycled paper capacity (Letter and/or Legal size):

· Low: 150 sheets

· Medium: 250 sheets

· High: 500 sheets

· Quick Scan: 5 seconds (Low/Medium), 2 seconds (High)

· Broadcasting: 100 locations (Low/Medium energy), 200 locations (High)

· 256 Gray Scale

· Speed Dial

· Redials: 2, minimum

· Group Dialing: 5 groups, minimum

· Energy Star compliant

Micrographic equipment must display images from any microfilm or microfiche media format on screen. It is desirable that the micrographic equipment include an optional PC interface to allow the user the ability to scan to PC at up to 800 dpi resolution.

Bidders proposing micrographic conversion services must agree to pick up/accept and return any size document from/to a Customer.

3.2.3.1 Copier, Printer Exclusion

Copiers and printers, including multifunction devices, are not allowed under Category 3

3.2.3.2 Proprietary Software/File Format Restriction

Bidders may not offer proprietary software or solutions that store files in proprietary electronic formats without first executing an Escrow Agreement with the Customer. The Escrow Agreement must provide for the release of the source code and related documentation of an appropriate version to the Customer in the event of contract default, bankruptcy, insolvency, other inability to perform the contract, or if the Vendor ceases to support the proprietary software. The Escrow Agreement must name an independent escrow agent that meets the approval of the Customer.

3.2.4 Category 4 – Services and Supplies

In compliance with Executive Order 515 it is the recommendation of the Commonwealth and the SST to promote the purchase of remanufactured supplies by Eligible Entities as a sound environmental and economic practice. Pursuant to this goal, a comprehensive list of cartridges for which OEM sales are prohibited and, thus, can only be sold as a remanufactured product will be included as a separate file on the Attachments tab on www.commbuys.com for this contract. Commonwealth contract users will be made aware of this list at the time of the contract award.

Starting from the first anniversary date of the contract and throughout the rest of its duration, OEM and generic supplies may be transitioned a year after a remanufactured alternative for the specific OEM or generic supply becomes available from at least one of the Contractors. The SST reserves the right to adjust the transition dates based on supply availability, cost and other factors. The OSD Contract Manager, in consultation with the SST will be responsible for updating the list of Remanufactured Only Items periodically as needed.

3.2.4.1 OEM, Generic and Remanufactured Toner Cartridges

All toner cartridges must be clearly labeled to identify the manufacturer of the cartridge. The label must be affixed to the cartridge and capable of withstanding normal use and handling in the equipment environment.

All such supplies must meet the:

· Original Equipment Manufacturer (OEM) standards for performance and quality,

· Standardized Test Method Committee (STMC) guideline adopted for the appropriate OEM or Remanufactured Product,

· American Society for Testing and Materials (ASTM) Standards, including ASTM 1856-04 (Standard for Determining Toner Usage for Printer Cartridges), ASTM 335-03 (Terminology for Relating to Electrostatic Copying), ASTM F2036-05e1 (Evaluation of Large Area Density and background of Electrophotographic Printers), and

· International Safe Transit Association Integrity Procedure 1A Standard (ISTA 1A).

· Bidders can find information on these standards at http://www.astm.org/Standard/index.shtml and http://www.ista.org/forms/1Aoverview.pdf.

Bidders shall verify that their products have been tested in accordance with these standards and meet or exceed the criteria and must include documentation in their submission to confirm compliance. Such documentation may be a link to the cartridge manufacturer website confirming ASTM compliance or a letter from the manufacturer.

3.2.4.1.1 Cartridge Failure/Defect/Return Rate Reporting

Awarded Contractors will also be required to furnish documentation on the current failure rate of all toner cartridges supplied under this contract for purposes of customer education. Such documentation shall include the date of sale, the name of the manufacturer, type of cartridge and the reason for the cartridge return or failure.

3.2.4.2 Remanufactured Supplies Specifications

In compliance with Executive Order 515 (see information in this RFR Section 1.11), high quality remanufactured supplies are a preferred product under this contract and all Bidders are strongly encouraged to offer them in their product selections.

3.2.4.3 Remanufactured Laser Toner Cartridge Specifications

A remanufactured printer cartridge is a “used” cartridge that has been restored to its original OEM performance and function and is thereby diverted from the solid waste stream, retaining, to the extent practicable, components that have been through at least one life cycle and replacing consumable or normal wear components. All components used in the construction of remanufactured cartridges must equal OEM performance and function. (Also see the Definitions Section of this RFR). All components used in the construction of remanufactured cartridges shall be dismantled and examined for damage and/or excessive wear and must equal OEM performance and function. These include, but are not limited to:

· PCR Rollers must be new or recoated (If applicable)

· Cartridge must be sealed with a pressure sensitive seal that equals OEM performance and function; air tested at 2lbs for 30 seconds and leak proof. The seal shall be readily removable by the user at time of installation. Any cartridge that shows evidence of toner leakage through improper sealing shall be termed defective and replaced by the contractor. Hard card seals or equivalent are acceptable when products are hand deliveries.

· OEM drum must be replaced at the time of first cycle of remanufacture with a new long-life organophoto conductor (OPC) drum.

· Wiper blades may be treated to comply with OEM performance and function and are acceptable for reuse.

· Replace, included but not limited to, pins, clips foams, doctor blades, mag rollers, felts, as needed

· Print yield shall be equal to or exceed OEM stated yields for each cartridge. Yield shall be determined by the use of the standard pattern which features:

· 12% toner coverage Category 1 and 3

· 10% toner coverage Category 2 and Printers

· Serial number/lot number must be visible to the end user.

· Exterior surfaces shall be thoroughly cleaned, with all traces of old labels, and toner removed entirely.

3.2.4.4 Remanufactured Cartridge Certifications

The remanufacturer must be certified by the Standardized Test Methods Committee (STMC) of the Imaging Technology Council for having the test equipment, printers and trained personnel for testing to the SMTC guidelines, or agree to obtain such certification within 90 days of receiving a contract award. The certification signifies that the company’s employees are trained in and use STMC test methods. Any remanufacturer (and their supplies) that has not obtained and documented such certification within the indicated period of time may be removed from the contract.

The STMC was created by the International Imaging Technology Council (I-ITC) to promote standardized test methods for the printer cartridge industry. Verification that a potential contractor has obtained the STMC Certification will be determined by an examination of the directory listing of certified companies on the I-ITC’s internet website (http://www.i-itc.org/stmcompanies.htm). More information on the organization and the process can be found on the website. The Bidder may be requested to furnish documentation identifying the test equipment, printers and trained personnel at each location who are successfully trained in the STMC Guidelines. This includes the standardized testing certification for ASTM F 1856-04, ASTM F 2036-05, and any other appropriate standards indicated in this RFR.

It is desirable that remanufactured cartridges are third-party certified to meet the EcoLogo Standard CCD-039. This standard addresses the manufacturing processes, quality remanufactured cartridges and end-of-life management issues. www.ecologo.org

It is desirable that all remanufacturers of products offered on this contract be certified by the International Standard for Organization (ISO) 9001 series for Quality Management Systems and ISO 14001 series for Environmental Management Systems. If not certified at the time of bidding, the SST reserves the right to require such remanufacturers to obtain such a certification within a reasonable period of time during the contract term. Upon request by the SST, the contractor may be required to have cartridges tested by an independent third party laboratory, such as Rochester Institute of Technology (RIT), Buyers Lab, or equal at no charge to the Commonwealth or purchasing entity. See http://www.cims.rit.edu/facilities.aspx for details.

3.2.4.5 Other Ink Options – Ink Jet, Solid Ink

Solid ink technology used in solid ink sticks in lieu of the fluid ink or toner powder usually used in printers and multifunction devices and eliminates the need for a plastic cartridge. As a result, no recycling program is required for these products.

Inkjet cartridges are a replaceable component of an inkjet printer that contains the ink and sometimes the print-head itself. All such supplies must meet the ASTM Standards F2555 -06 Standard Practice for Determining Page Yield of Ink Jet Printer Cartridges and F2734 -08 Standard Practice for Testing the Shelf Life of Ink Jet Printer Cartridges. See details at: http://www.bing.com/search?q=injet+cartridge+ASTM+standard&FORM=CBPW&first=1.

Bidders shall verify that their products have been tested in accordance with these standards and meet or exceed the criteria and must include documentation in their submission to confirm compliance. Such documentation may be a link to the cartridge manufacturer website confirming ASTM compliance or a letter from the manufacturer.

Awarded Contractors will also be required to furnish documentation on the current and expected failure rate of all toner cartridges supplied under this contract for purposes of customer education. Bidders of these products must offer a recycling program as detailed in the RFR and are encouraged to offer remanufactured options for these items.

3.2.4.6 Supply Packaging: OEM, Generic and Remanufactured

Packaging for all supplies must comply with the following specifications:

· Must be packaged and sealed in a way that would adequately protect it from light, heat, moisture, vibration and static electricity while it is shipped, handled and stored by the Contractor, Eligible Entity and any third party. The packaging will be sealed so its contents are completely protected from the outside elements.

· Packaging must be constructed to permit users to re-package empty cartridges for return to contractor.

· It is desirable that the packaging components be made of a material that is accepted by most local recycling programs.

· It is desirable that all corrugated packaging contain a minimum of 35% post-consumer recycled content and that the recycled content be displayed on the box. Documentation from the package manufacturer should be included in the RFR submission to verify the recycled content.

All supply packages must include the following materials:

· All pertinent installation and maintenance instructions,

· Instructions for return of empty cartridges or other supply types including a phone number for resolving issues with supply recycling (where applicable),

· Labels affixed to the carton must include cartridge model number and compatible photocopier model # (for reference only),

· Name and address of the Contractor and toll free number for access to a technical/customer service representative must be visible on the carton,

· The external carton must identify cartridge type (make and model), the vendor’s name and it is highly desirable that the date of remanufacture and use by date for shelf life and inventory purposes also appear on the external carton.

· Pre-paid return labels (UPS/Postal Service) (where applicable).

3.2.4.7 Additional Supply Technical Requirements

In their submissions, Bidders must identify, on all supply cost sheets, all supplies containing so called “smart chips,” any computer code or any other design element that would:

· Disable the equipment or impair in any way its operation based on elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral, or any other self-destruct mechanism; or

· Permit access to the equipment to cause disablement or impairment.

· All Contractors must inform Eligible Entities about the above-mentioned supply features at the time of their purchase. It is desirable that all Contractors offer supplies without any impediments for their remanufacturing by third parties.

· The SST will educate all Eligible Entities with regards to the “smart chip” technology and the potential negative impact this technology may have on the environment and the total cost of the supplies.

· All Supply Yields indicated on the cost sheets for Copiers, Printers, and Digital Duplicators must be based upon 12% page coverage.

· All Supply Yields indicated on the cost sheets for Facsimile equipment must be based upon 10% page coverage.

3.2.4.8 Recycling of Supplies

The Commonwealth has established a goal to recycle empty cartridges and other recyclable supply items in order to reduce the volume of these products in the waste stream and to encourage the reuse of such materials. Pursuant to this goal, Bidders must offer customers an effective and reliable means of returning all recyclable empty supply items (O.E.M., generic and remanufactured) in accordance with the following requirements:

· The method and expense of conducting such supply item returns must be the sole responsibility of the awarded contractors and may be conducted by either contractor/subcontractor pick-up, prepaid return shipment label, or both.

· Pick up and deliveries must be made during regular business hours and within no more than seven (7) business days of request for pickup.

· Eligible Entities shall be responsible to return empty supply items with insert in the original packaging in which it was received, and/or as outlined in the contractors recycling program.

After contract award, all contractors must at the time of equipment delivery or first supply delivery and then consistently throughout the duration of the contract (also see Supply Packaging):

· Inform Eligible Entities about the procedure for recycling used supply items;

· Provide a phone number for resolving issues with supply recycling.

Bidders must also include in their response (complete Attachment C – Current Environmental Practices and attach supporting documentation):

· The proposed detailed plan for recovering used supply items, which must include:

· A sample instruction sheets and sample pre-paid freight labels (if a prepaid return shipment label program is offered); or

· A written statement guaranteeing that the Bidder will pick up used supply items from Eligible Entities (if a contractor pickup program is offered); or

· A written, signed and dated agreement between the Bidder and a subcontractor describing the recycling program and committing the subcontractor to performing used supply item pick-ups (if the recycling program is offered through a third party), and/or

· Any other proof that an effective recycling program will be offered.

· Information on :

· Which cartridges the Bidder is capable of recycling/remanufacturing;

· Any trade-in allowance offered for each brand;

· Any criteria which deems a cartridge unacceptable;

· If items are to be hand delivered, include box and other applicable labels;

· Repackaging instructions.

Providing a recycling program for used supply items is a requirement. Failure or refusal to pick up used supply items, provide prepaid return labels or inability to successfully resolve a pick up issue may result in a per-incident or other penalty determined by the SST.

It is also encouraged that Bidders develop creative ways of partnering with SOWMBA-certified woman and/or minority-owned businesses in order to provide the collection, transportation and/or remanufacturing of the used supplies.

3.2.4.9 Used Cartridge Trade-In Allowance

Bidders must accept all recyclable empty supply items for return (O.E.M., generic and remanufactured). It is desirable that Bidders develop incentives or otherwise encourage Eligible Entities to recycle used supplies. However, Bidders are strictly prohibited from implementing programs that impose any legal or other restrictions (including restrictions imposed at the time of supply purchase) as to which recycling program/service provider Eligible Entities utilize to send their cartridges for remanufacturing.

It is desirable for a Bidder to offer a trade-in allowance, and if offered, it must be indicated in their response (Cost Tables). Credit amounts on cartridge and/or other supply type returns will not be deducted until written confirmation of the credit is obtained from the Contractor. Such written confirmation must be given to the Eligible Entity within five business days of the Contractor’s receipt of the cartridge(s) and/or other supply type(s). Bidders must agree to work with OSD and the SST to determine the most efficient and cost effective means of handling the credit portion of the procurement for all parties concerned.

Bidders must also provide in their bid response specific details on how credit amounts will be transferred and communicated to Commonwealth customers. A contractor may reject any empty cartridge or other supply type for credit if it is cracked, shattered or is otherwise rendered unrecyclable.

3.2.5 Approvals and standards (UL, CE, FCC, FDA, ASTM, IEEE)

All equipment must meet applicable UL/CSA, ASTM, and FCC standards.

3.2.6 Warranties and guarantees

Equipment must carry a minimum 12 month warranty that it is free from defects in material and workmanship. It is desirable that bidders offer a warranty period greater than 12 months at no additional cost.

All manufacturer warranties will be passed through and shall be available to Customers leasing or renting equipment. Vendor hereby irrevocably appoints Customer its agent and attorney in fact during the Term Lease or Rental Term of every item of equipment, so long as the Customer shall not be in default thereunder, for the sole purpose of asserting from time to time whatever claims and rights, including warranties of the equipment, which the Vendor may have against the manufacturer of the equipment.

Rented equipment may be new, used or remanufactured. However, if the rented equipment is used or remanufactured, the rented equipment shall meet manufacturer’s published performance standards, and all other performance standards in this RFR.

3.2.7 Availability guarantees of service, service parts, accessories and supplies

Bidders must guarantee the availability of parts for all models proposed for a minimum period of seven (7) years from the last date of manufacture.

3.2.8 Operating manuals

Manufacturer’s operating manual(s) must be provided with delivery of equipment at no charge. It is desirable that vendors provide one additional operating manual, if requested, at a later date.

It is desirable that bidders commit to use a minimum of 30% post-consumer recycled content (PCRC) in all printed marketing materials and other literature for this contract.

3.2.9 New in the box, most current version and not discontinued by the manufacturer

Bids only for equipment currently in production and available for sale at the time of the bid opening date for this contract may be submitted. Discontinued equipment not being actively marketed by the OEM for domestic sales should not be submitted and will not be considered. The Commonwealth reserves the right to require OEM documentation to confirm equipment eligibility under this contract.

Equipment under this contract shall be new and unused and carry a maintenance guarantee for a period of at least seven (7) years from date of acceptance. All equipment shall be in excellent working condition and shall include new OEM equipment guarantee.

3.2.10 Remanufactured supplies / Recycled paper provisions

Remanufactured supplies are defined as products partially or fully manufactured from existing product materials where such materials are cleaned and repaired to the extent possible and reused in the new product or equipment in accordance with the original manufacturer’s specifications. All unusable parts are to be removed and replaced with new or remanufactured parts, which meet OEM standards and any governing standards/regulations Warranties and service contracts must not preclude the use of recycled paper and/or the use of remanufactured or generic supplies under this contract. Service Vendors may not fault the use of such recycled paper and/or supplies for equipment failures, as long as these products are on contract with the Commonwealth and/or meet the specifications for those products as established by the respective state contracts, unless the process described in the Supply Problems subsection is strictly followed.

Vendors are prohibited from affixing warning labels to equipment regarding the use of generic supplies. Agents of the Equipment Vendor may not communicate to any end user that a supply product selected on this contract should not be used, is…

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