ITC70_RFR~1.docx

REQUEST FOR RESPONSE

Operational Term Leasing Services RFR #ITC70 / COMMBUYS Bid# BD-19-1080-OSD03-SRC01-30287

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Operational Term Leasing Services

Agency Document Number: ITC70

COMMBUYS Bid#: BD-19-1080-OSD03-SRC01-30287

August 15, 2018

** Updated 8/28/2018 Training date corrected

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

Introduction and Bid Overview Description or Purpose of Procurement The Commonwealth of Massachusetts and the ITC70 Operational Term Lease Services Strategic Sourcing Team (SST) are soliciting responses from Bidders for the acquisition of Operational Leases for equipment. The resulting Contract will be the primary Statewide Contract used by Executive Agencies of the Commonwealth for Operational Term Leasing Services. 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 Leasing Services acquired from this Statewide Contract. Contractors will be responsible for marketing their 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 equipment authorized by the ITC70 Strategic Sourcing Team (SST) and the Operational Services Division. The resulting Statewide Contract for Operational Term Lease Services is not intended to be used to purchase equipment, rather it is intended only for term leasing of equipment. The Commonwealth has other Statewide Contracts for the outright purchase of equipment and for Tax Exempt Lease Purchases (TELP) of equipment.

Estimated Procurement Calendar

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training Dates and Times Available: 9/19/2018 10:00AM to 11:00AM Location: Live Webinar (Online) Limited seating – reserve your seat now at: How to Locate and Respond to Bids

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.

Submission of Bid Questions The “Bid Q&A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. All questions must be submitted through the Bid Q&A found on COMMBUYS (See “Locating Bid Q&A,” below). Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Bidder are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q&A page.

Questions submitted to the SST outside of COMMBUYS will not be answered.

Content entered must be suitable for public viewing. Bidders must not include inappropriate content, including but not limited to, information that could be considered personal, security sensitive, inflammatory, incorrect, or collusory. The SST reserves the right to edit or delete any inappropriate content.

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

Bidders and awarded Contractors are required to view the COMMBUYS requirements located in Section H.1, Appendix 1 and elsewhere in this bid and are responsible for compliance with those requirements.

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.

Bid Amendment Deadline The SST reserves the right to make amendments to the Bid after initial publication. It is each Bidder’s responsibility to check COMMBUYS for any amendments, addenda or modifications to this Bid, and any Bid Q&A records related to this Bid. The SST and the Commonwealth accept no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

Late Bids will not be Considered Bid responses must be received in full by the posted due date and time. Proposals received after the deadline will be late and ineligible for consideration and deemed as non-responsive. Each offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete the online forms and upload documents. The solicitation will end at the closing time listed in the RFR. If you are in the middle of uploading your proposal at the closing time, the system will stop the process and your quote will not be completed and received by the system.

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

Acquisition Method:

The acquisition method to acquire goods and/or services from this Bid is Operational Term Lease.

Anticipated Contract Awards:

Proposals may be submitted and may be evaluated by the SST at any time prior to the Bid Opening Date (submission deadline). Contracts may be awarded, if appropriate, upon receipt and evaluation of proposals.

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 interests of the Commonwealth to do so and dependent upon the total number of qualified Bidders, based upon their scored response.

Contract renewals will be offered at the sole discretion of OSD. At a minimum, offers to renew will be contingent upon satisfactory contractor performance, compliance with reporting requirements, and adequate sales volume; OSD reserves the right to reduce the number of awarded contractors for the duration of the agreement.

Adding Contractors after initial Contract Award If, over the life of the contract, the SST determines that additional Contractors may be added, these may be drawn from qualified companies which responded to this Solicitation but were not awarded Contracts. If necessary to meet the requirements of the Commonwealth, the Solicitation may be reopened to obtain additional Bids. All contracts shall be awarded with coterminous end dates.

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 four (4) years beyond the final termination date of this Statewide Contract. No new leases may be executed after the Contract has expired. Any contractor entering into new engagements with eligible entities after contract expiration will be subject to remedial measures, including but not limited to mandatory point deduction for future bid submissions and suspension of other contracts with OSD.

Entities Eligible to Use the Resulting Contract Statewide Contract – Open for Use by All Eligible Entities. Any Contract(s) resulting from this Bid will be open for use by the following 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 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.

Anticipated Contract Duration The initial term of this Contract is approximately four years, with an estimated End Date of 8/31/2022. In addition, this Contract has one option to renew of up to one year with a maximum Contract End Date of 8/31/2023 (including the initial term and all possible renewal options).

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is $40 million. 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.

This Estimated Value was derived by reviewing ITC49 Statewide Contract data from the Massachusetts Management Accounting and Reporting System (MMARS) and reported Contractor sales to Commonwealth of Massachusetts Eligible Entities.

Procurement Scope and Description The Commonwealth of Massachusetts and the Operational Lease Financing Services Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of operational lease financing services for equipment and other assets, primarily in the area of Information Technology (IT).

The resulting Contract will be the primary Statewide Contract used by Executive Agencies of the Commonwealth for the 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 services acquired from this Statewide Contract. Contractors will be responsible for marketing their services to Commonwealth Agencies and other Eligible Entities.

Bidder Qualifications Company Experience Bidders must have been in the business of providing Equipment Lease services for at least the three (3) most recent consecutive years prior to the date of submission. In the case of companies formed fewer than three years ago via merger, acquisition or some other means, the SST may consider the experience of all companies involved in the merger or acquisition.

Bidders must have acted as an Equipment Lease financier in at least three (3) Operational Term Lease Agreements with Local, State, or Federal Government entities.

Bidders must complete Attachment 3: Recent Experience listing relevant work performed within the last three years, the scope of the work and the types of entities for whom the work was performed.

Business Profile Bidders must provide a brief business profile, not to exceed one (1) page in length, outlining the Bidder's overall operations, qualifications and organizational capabilities related to performing to the requirements of the Statewide Contract. The business profile should outline the overall qualifications and experience relevant to Lease financing. Discuss how the performance of prior similar projects will enhance performance of the Bidder. The business profile must be uploaded as an attachment to the Bidder’s COMMBUYS quote in response to this Bid.

The business profile must:

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

· State the number of years the firm, under its present tax identification number (TIN/FEIN), has provided equipment lease financing.

· State the location of the office(s) from which the work is to be managed and the location from which the work will be performed

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

· Describe the Bidder’s financial stability and capability to finance the broad range of equipment Lease Services needs across the Commonwealth

· Identify any Subcontractors the Bidder intends to utilize in the performance of this contract, if awarded. Note: No subcontractors may use underwriters.

Financial stability including capacity, bankruptcy, litigation and contract defaults Capacity The minimum dollar amount of 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.

Intent to Assign Lease Schedules The Statewide Operational Term Leasing Contract is executed with approved vendors not only to provide financing but to provide a full suite of related financing services through the life of a lease. It is expected that to the full extent possible and financially practicable, the Statewide Operational Lease Financing Vendor will provide both the initial lease financing for any Lease Schedule, and manage receipt of payments through the life of the lease and not assign any interest in payments or in potential title rights of Lease Schedules to a third party.

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

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

Bankruptcy, litigation, and contract defaults Bidders must provide a list of any outstanding contingencies, such as lawsuits or other claims or charges against the Bidder related to performance of the services sought under this RFR.

Bidders must provide:

· a list of all criminal convictions within the last five years relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related entity.

· A list of all civil penalties, judgments, consent decrees and other sanctions within the last five years, as a result of any violation of any law, rule, regulation or ordinance in connection with its business activities relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related entity.

· A list of all actions occurring within the last five years which have resulted in revocation or suspension of any permit or authority to do business in any jurisdiction relating to the submitting entity, any officer, director, partner or member thereof, any affiliate or any related entity.

· A list of all actions occurring within the last five years that have resulted in the barring from public bidding relating to the Bidder, an officer, director, partner or member thereof, any affiliate or any related entity.

· A list of all bankruptcy and other similar proceedings within the past five years relating to the Bidder, any officer, director, partner or member thereof, any affiliate or any related entity.

Failure to identify such contingencies as part of a Response will be considered sufficient cause for immediate termination from the Statewide Contract if such information is discovered during the lift of the Contract.

In addition, Bidders must provide a description, in detail, of any situation in which the Bidder’s firm (either alone or as part of a joint venture), or a subsidiary of the Bidder’s firm, defaulted or was deemed to be in noncompliance of any material contractual obligations, explaining the situation, its outcome and all other relevant facts associated with the event.

Contingencies and defaults must be uploaded as an attachment to the Bidder’s COMMBUYS quote in response to this Bid.

Lease Service Specifications Acceptance of RFR Terms and General Lease Terms and Conditions See Appendix 4: ITC70 General Lease Terms and Conditions, which are incorporated by reference into this RFR. Bidders responding to this RFR understand and agree that the General Lease Terms and Conditions will apply to all selected Vendors and will not be negotiated with individual Vendors to include vendor specific terms. The General Lease 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 may subject their bid response to a delay in evaluation and/or 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 Lease Terms and Conditions, and other attachments are designed to meet the terms and needs of the Commonwealth and all Vendors, and therefore need to apply to more than one vendor.

Bidders must agree to accept the use of the ITC70 Lease Quote Form (Attachment 1) and the ITC70 Equipment Listing, Acceptance Certification, Essential Use Certification, and Certification of Appropriation Form (Attachment 2) in order to process transactions under the resulting contract as described in this RFR and Appendix 4: General Lease Terms and Conditions.

Eligible Assets Assets eligible for Operational Lease Financing under this Contract include computing equipment, such as desktop and laptop computers, servers, and storage devices; networking and telecommunications equipment; dedicated devices such as database servers; associated software and peripherals; and other assets authorized by the Operational Lease Services SST and the Operational Services Division (OSD).

Leases for vehicles and any other type of motorized equipment are prohibited under this contract.

Maximum Lease Term The maximum duration for a Lease under this contract is limited to the lesser of; five (5) years, or 75% of the useful life of the asset.

Maximum Lease Value The maximum present value of the payments for a Lease under this contract is limited to 90 percent (90%) of the fair market value of the asset.

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 under this contract.

Purchase Prohibition All Leased Assets are expected to be returned to the Operational Lease Vendor 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. Purchase of the asset(s) 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.

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 equipment/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.

Return of Leased Assets Unless otherwise agreed, de-installation of the Asset(s) is the responsibility of the Eligible Entity (Lessee). It is the Lessee's responsibility to remove any data from the leased devices prior to return. The Contractor (Lessor) will be responsible for packaging and pick up the Assets and must notify the Eligible Entity (Lessee) in writing 90 days prior to the asset(s) pickup. Assets must be picked up by the contractor within thirty (30) days of the end of the lease unless otherwise agreed by the parties in writing.

The Eligible Entity (Lessee) will allow the Contractor (Lessor) access to the leased asset(s) for pickup.

Environmental Practices Bidders must complete the Current Environmental Practices Form, Attachment 4 to this RFR, and submit it with their Quote. The form allows Bidders to communicate existing business practices that foster a sustainable approach to conducting their operations and reduce detrimental impacts on the environment or public health. Bidders may receive additional points in the evaluation phase of the RFR for the environmental initiatives they identify; however, bidders must substantiate all answers in order to receive additional points.

Supplier Diversity Plan Massachusetts Executive Order 565 reaffirmed and expanded the Commonwealth’s policy to promote the award of state contracts in a manner that develops and strengthens certified Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Minority and Women Nonprofit Organizations (M/WNPOs), Veteran Business Enterprises (VBEs), Service-Disabled Veteran-Owned Business Enterprises (SDVOBEs), Disability-Owned Business Enterprises (DOBEs), and Lesbian, Gay, Bisexual and Transgender Business Enterprises (LGBTBEs).

In planning their SDP commitment, certified Bidders must note that the commitment cannot be met by making expenditures within their own company or with parent or wholly owned subsidiary companies.

All bidders are required to make a significant financial commitment to partner with certified M/WBEs, M/WNPOs, VBEs, and/or SDVOBEs, DOBEs and/or LGBTBEs certified or verified by the Supplier Diversity Office (SDO). Bidders must identify a commitment in the form of a specific percentage of sales made under the resulting contract that will be spent with an SDP Partner(s) on a Massachusetts fiscal year basis, using SDP Plan Form #1 – SDP Plan Commitment. This percentage commitment will extend for the life of any resulting contract.

This requirement extends to all bidders regardless of their certification status, and no bidder will be awarded a Contract unless and until the above requirement is met. Bidders may not list themselves or affiliates as SDP Partners. In order to ensure compliance with this section and encourage bidder participation, SDP Plans will be evaluated at 10% or more of the total evaluation score.

Evaluation Criteria Contractors must submit responses that meet all the submission requirements of the RFR. Only responsive proposals that meet the submission requirements will be evaluated, scored and ranked by the SST according to the evaluation criteria. Additional information may be requested for evaluation purposes.

Any submission which fails to meet the submission requirements of the RFR will be found non-responsive without further evaluation unless the evaluation team, at its discretion, determines that the non-compliance is insubstantial and can be corrected. In these cases, the evaluation team may allow the contractor to make minor corrections to the submission.

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.

Mandatory Requirements Mandatory Specifications must be met in order for a Quote 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.

Bid 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.

Evaluation Components The following components will be some of the criteria considered by the team when evaluating each Quote:

· Business Profile

· Operational Term Equipment Lease Experience, including:

number of years providing equipment Lease Financing

· Minimum equipment Lease Financing Commitment

· Intent to Retain Lease Schedules

· Supplier Diversity Program (minimum 10% weight)

· Willingness to execute Contract without protracted negotiations Best Value Selection and Negotiation The SST may select the Quotes(s) which demonstrates the best value overall, including proposed alternatives, which will achieve the goals of the procurement. The SST and a selected Bidder may negotiate a change in any element of Contract performance or cost identified in the original RFR or the selected Bidder’s Quote which results in lower costs or a more cost effective or better value than was presented in the selected Bidder’s original Quote.

Statewide Contract Standard Requirements Use of COMMBUYS Bidders and awarded Contractors are required 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. Awarded contractors must comply with applicable COMMBUYS requirements outlined in Appendix 1 and elsewhere in this bid.

Fiscal Terms Bill Payment All invoices issued pursuant to this contract are payable in accordance with the Comptroller’s Bill Payment Policy: http://www.macomptroller.info/comptroller/docs/policies-procedures/accounts-payable/po-ap-commonwealth-bill-paying.pdf

Late Payment fees may be assessed only as authorized by the Office of the Comptroller as described also in the Bill Payment Policy.

Electronic Funds Transfer (EFT) All Bidders must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments. The EFT application can be found in the .zip file “Standard State Forms” on the Attachments tab of this Bid in COMMBUYS. Additional information about EFT is available on the Comptroller’s VendorWeb site located at: https://massfinance.state.ma.us/VendorWeb/vendor.asp

Upon notification of award, Contractors are required to enroll in EFT by completing and submitting the “Authorization for Electronic Funds Payment Form” to the SST for review, approval and forwarding to the Office of the Comptroller, unless already enrolled in EFT. A link to the EFT application can be found on the Comptroller’s VendorWeb site (see above link). This form, and all information contained on this form, shall not be considered a public record and shall not be subject to public disclosure through a public records request.

Creditworthiness No public entity utilizing this contract shall be required, as a condition of purchase, to undergo any creditworthiness review or application process.

Tax Exemption Payment vouchers or invoices submitted to Massachusetts government entities must not include sales tax.

Instructions for Submission of Responses Responses must be sent via the “Create Quote” functionality contained in COMMBUYS. For instructions concerning how to submit a Quote, please see Appendix 3.

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.

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 fourteen (14) 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.

Required Forms Responses to this RFR must include the following forms:

Limits and Restrictions Document Pages Bidders should submit no more than two double-sided pages (excluding the required forms and attachments) of narrative in response to the questions asked and information requested, unless otherwise specified. If Bidders exceed the page limits, the SST may make provisions to penalize the Bidder in the Evaluation Criteria, read and evaluate only those pages up to the page limit referenced above or take other steps as determined by the SST.

File Naming Conventions and Required Formats 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.

(Enter in COMMBUYS during upload) File Name (Assign when creating files)

File Size Limits If a large file fails to upload, the Bidder must save the contents as multiple files. If a large file fails to upload, bidders must break up the file and append _Part1, _Part2 to the end of the Description and File Name.

File Format Restrictions Bidders must submit file formats readable by MS Office 2010 or later, or by Adobe Acrobat Reader.

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 8-1/2” 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.

General Quote Requirements, Provisions, and Prohibitions Multiple Quotes Bidders may not submit Multiple Quotes in response to this Bid unless requested by the Issuer. If a Bidder submits multiple quotes in response to an RFR that does not authorize multiple responses, only the latest dated quote submitted prior to the bid opening date will be evaluated.

Minimum Quote Duration Bidders’ Quotes to this RFR must remain in effect for at least 90 days from the date of Quote submission.

Bidder’s Contact Information It is the Bidder’s responsibility to monitor the email address provided in the Quote for the Bidder’s contact person. The SST may need to contact the Bidder’s contact person with clarification requests or for other reasons. The SST and the Commonwealth assume no responsibility if a Bidder’s designated email address is not current, or if technical problems, including those with the Bidder’s computer, network or internet service provider (ISP), cause e-mail communications between the Bidder and the SST to be lost or rejected by any means including email or spam filtering.

Prohibitions Bidders are prohibited from communicating directly with any employee of the procuring Department or any member of the SST regarding this RFR except as specified in this RFR, and no other individual Commonwealth employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFR. Bidders may contact the contact person using the contact information provided in the Header Information this Bid in the event that this RFR is incomplete or information is missing. Bidders experiencing technical problems accessing information or attachments stored on COMMBUYS should contact the COMMBUYS Helpdesk (see the document cover page for contact information).

Non-Collusion By submitting a Quote, the Bidder certifies that the Quote has been arrived at independently and has been submitted without any communication, collaboration, or without any agreement, understanding or planned common course or action with, any other Bidder of the commodities and/or services described in the RFR.

Public Records Law All Quotes and information submitted in response to this RFR are subject to the Massachusetts Public Records Law, M.G.L., Chapter 66, Section 10, and to Chapter 4, Section 7, Subsection 26. Any statements in submitted Quotes that are inconsistent with these statutes shall be disregarded.

Ownership of Submitted Quotes OSD and the SST shall be under no obligation to return any Quotes or materials submitted by a Bidder in response to this RFR. All materials submitted by Bidders become the property of the Commonwealth of Massachusetts and will not be returned to the Bidder. The Commonwealth reserves the right to use any ideas, concepts, or configurations that are presented in a Bidder’s Quote, whether or not the Quote is selected for Contract award.

Quotes stored on COMMBUYS in the encrypted lock-box are the file of record. Bidders retain access to a read-only copy of this submission via their COMMBUYS account, as long as their account is active.

Requirements for Doing Business after a Contract Has Been Awarded The individual listed in the Purchaser field in the Header Information section of the Master Blanket Purchase Order is the Commonwealth Contract Manager. Awarded vendors will be expected to comply with the following:

a) All Statewide Contract questions must be directed to the Commonwealth Contract Manager.

b) Provide timely responses to requests

c) Maintain professionalism and courtesy in dealings with OSD and eligible entities.

d) Make appropriate staff available for periodic meetings with the Commonwealth Contract Manager

e) Provide electronic documents for up-to-date transparent pricing

f) Changes to the Contractor’s contact information, 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.

g) Vendors must designate a Single Point of Contact (Vendor Contract Manager) for communications with the Commonwealth Contract Manager

h) Promptly notify the Commonwealth Contract Manager regarding Replacement of Contractor staff Performance Measures:

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 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.

Continued qualification based on performance The following measures will be considered when assessing vendor performance:

· The quality and quantity of Vendor responses to Requests for Quotes (RFQ) from Eligible Entities

· The quality of customer support as evidenced by a lack of customer complaints

· The timeliness of required vendor reports Reporting Requirements and Due Dates Reporting and Payment Due Dates

Quarterly Sales and SDP Report OSD has developed a centralized process for collecting sales and SDP data. Sales data is used by OSD to measure progress on contract spend from year-to-year. The reporting assists with forecasting future contract spend, evaluating Contractor performance, and tracking Contractor spend towards their SDP commitment. Reporting also assists with the development of new contracts and/or new categories of services under existing contracts. In the event the Commonwealth adopts an alternate reporting system, Contractors will be required to utilize such system, as directed by the OSD Contract Manager.

Completion and submission of the Quarterly Sales and SDP Report is a requirement for all awarded Contractors under this contract each quarter. An Awarded Contractor must submit a Quarterly Sales and SDP Report each quarter regardless of whether or not they have had sales during a quarter.

A report template will be provided to Contractors prior to the due date of the first report. Contractors must submit the report in accordance with instructions that will be provided at that time. Bidders must maintain records such that they are able to report, for all invoices submitted under the contract, the purchasing entity name, the invoice number, the invoice date, the product/service description, the unit of measure, the price per unit, the quantity, and the line total purchase amount.

Statewide Contract Administration Fee and Report This Statewide Contract is not subject to a 1% Contract Administration Fee.

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 underreported Sales, then the Vendor shall be responsible for payment of the costs associated with the audit.

Required Forms Responses to this RFR must contain the following documents:

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, Quotes, and documentation must be in English and all cost proposals or figures in U.S. currency. All Quotes must be submitted in accordance with the specific terms of this RFR.

General Procurement Information Alterations Bidders may not alter (manually or electronically) the Bid language or any Bid component files, except as directed in the RFR. Modifications to the body of the Bid, specifications, terms and conditions, or which change the intent of this Bid are prohibited and may disqualify a Quote.

Bidder’s Contact Information It is the Bidder’s responsibility to monitor the email address provided in the Quote for the Bidder’s contact person. The SST may need to contact the Bidder’s contact person with clarification requests or for other reasons. The SST and the Commonwealth assume no responsibility if a Bidder’s designated email address is not current, or if technical problems, including those with the Bidder’s computer, network or internet service provider (ISP), cause e-mail communications between the Bidder and the SST to be lost or rejected by any means including email or spam filtering.

COMMBUYS Market Center COMMBUYS is the official source of information for this Bid and is publicly accessible at no charge at www.commbuys.com. Information contained in this document and in COMMBUYS, including file attachments, and information contained in the related Bid Questions and Answers (Q&A), are all components of the Bid, as referenced in COMMBUYS, and are incorporated into the Bid and any resulting contract.

Bidders are solely responsible for obtaining all information distributed for this Bid via COMMBUYS. Bid Q&A supports Bidder submission of written questions associated with a Bid and publication of official answers.

It is each Bidder’s responsibility to check COMMBUYS for:

· Any amendments, addenda or modifications to this Bid, and

· Any Bid Q&A records related to this Bid.

The Commonwealth accepts no responsibility and will provide no accommodation to Bidders who submit a Quote based on an out-of-date Bid or on information received from a source other than COMMBUYS.

COMMBUYS Registration Bidders may elect to obtain a free COMMBUYS Seller subscription which provides value-added features, including automated email notification associated with postings and modifications to COMMBUYS records. However, in order to respond to a Bid, Bidders must register and maintain an active COMMBUYS Seller subscription account.

All Bidders submitting a Quote (previously referred to as Response) in response to…