ITC80 RFR Final - V3 (6).pdf

Document Sensitivity Level: High during development; Low once published. Template v 3.0.0

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Imaging Devices, Supplies and Services

Agency Document Number: ITC80

COMMBUYS Bid#: BD-23-1080-OSD03-OSD03-79596

Initial Release: 10/06/2022 Amended:11/18/2022

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. Bidders are responsible for reviewing and complying with all Bid requirements. Bidders may contact the OSD Help Desk at OSDHelpdesk@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal and state holidays.

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFR information in an alternative format, must communicate such requests in writing to the contact person. Requests for accommodation will be addressed on a case-by-case basis. A Bidder requesting accommodation must submit a written statement which describes the Bidder’s disability and the requested accommodation to the contact person for the RFR. The SST reserves the right to reject unreasonable requests.

https://www.sec.state.ma.us/cis/cishol/holidx.htm https://www.sec.state.ma.us/cis/cishol/holidx.htm

REQUEST FOR RESPONSE ITC80 IMAGING DEVICES, SUPPLIES AND SERVICES

Revision History

Version Number

Date Author Brief Description

1.0 10/6/2022 MMacEvitt Initial release

2.0 10/20/2022 MMacEvitt General: All references to “inkjet toner cartridges” have been changed to “inkjet cartridges”.

RFR Section 1.1: Third paragraph, first sentence, first clause changed to read “Leasing, rental, or services agreements executed under ITC66 prior to the termination date of ITC66 will continue through the end dates of those agreements,”

2.0 10/20/2022 MMacEvitt RFR Section 1.3.5: Third paragraph: duplicated words removed

2.0 10/20/2022 MMacEvitt RFR Section 1.3.5: Fourth paragraph, “Awarded Category 1” changed to “NASPO OEM”

2.0 10/20/2022 MMacEvitt RFR Section 1.3.7: “Fee for Service” checked

2.0 10/20/2022 MMacEvitt RFR Section 4.1.2: Divided into two paragraphs and reworded to clarify that the statement “all toner cartridges must be remanufactured toner cartridges” applies only to current ITC66 OEMs and/or Colorado Solicitation #RFP-NP-18-001 vendors bidding on Category 2. All other bidders may bid both OEM and remanufactured supplies.

2.0 10/20/2022 MMacEvitt RFR Section 4.1.6: Third paragraph, bullet 5 has been modified to state that this specification does not apply to inkjet cartridges.

2.0 10/20/2022 MMacEvitt RFR Section 4.1.8: First paragraph is deleted and replaced with “If a toner cartridge fails within one year from the date of purchase due to defects in the cartridge, material used in the cartridge, workmanship or damage during shipping, the vendor shall provide a replacement within five business days of notification. Return of the failed cartridge will be at the vendor’s expense. ”

2.0 10/20/2022 MMacEvitt RFR Section 4.6.1: Third paragraph, second sentence has been deleted and replaced with “In addition, the percent discounts from MSRP/List Price for each manufacturer whose products are included in the bid must be provided on the “% Discount from MSRP/List Price” tab.

2.0 10/20/2022 MMacEvitt RFR Section 4.6.7: Second paragraph, second sentence deleted and replaced with “The pricing structure may not be modified from the previously accepted version, and the discount from MSRP/List Price may not be decreased.”

2.0 10/20/2022 MMacEvitt RFR Section 6.2: Bullet 1, sub bullet 1, “Percent discount from MSRP” has been deleted and replaced with “Supplies Cost.”

3.0 11/18/2022 BMcCue RFR Section 4.1.3 Has been modified to state that TAA Compliant products are desirable, not required.

3.0 11/18/2022 BMcCue Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS) revised to 11/29/2022.

Table of Contents Page 1 Document Sensitivity Level: High during development; Low once published.

1 INTRODUCTION AND BID OVERVIEW

1.1 SUMMARY DESCRIPTION OF PROCUREMENT

1.2 ESTIMATED PROCUREMENT CALENDAR

1.2.1 SUBMISSION OF BID QUESTIONS

1.2.2 BID AMENDMENT DEADLINE

1.2.3 BIDDERS CONFERENCE

1.2.4 LATE BIDS WILL NOT BE CONSIDERED

1.2.5 DEBRIEFING

1.3 ADDITIONAL BID INFORMATION

1.3.1 ANTICIPATED CONTRACT DURATION

1.3.2 PERFORMANCE AND PAYMENT TIME FRAMES WHICH EXCEED CONTRACT DURATION

1.3.3 APPLICABILITY OF BID SPECIFICATIONS

1.3.4 ESTIMATED VALUE OF THE CONTRACT

1.3.5 ESTIMATED NUMBER OF AWARDS

1.3.6 ADDING CONTRACTORS AFTER INITIAL CONTRACT AWARD

1.3.7 ACQUISITION METHOD(S) (SUPPLIES ONLY):

1.3.8 ENTITIES ELIGIBLE TO USE THE RESULTING CONTRACT (“ELIGIBLE ENTITIES”)

2 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

2.1 PROCUREMENT EXCLUSIONS

3 BIDDER QUALIFICATIONS

3.1 COMPANY EXPERIENCE

3.1.1 YEARS IN THE INDUSTRY OF THE BID

3.2 AUTHORIZED DEALER AUTHORIZATION LETTERS

3.3 SUPPLIES REMANUFACTURER CERTIFICATIONS

3.4 SUPPLIES MANUFACTURERS BIDDING WITH AUTHORIZED DEALERS

3.5 EMERGENCY RESPONSE CAPABILITIES

3.6 FINANCIAL STABILITY INCLUDING BANKRUPTCY AND LITIGATION

3.7 REFERENCES

3.8 BACKGROUND/CORI CHECK REQUIREMENTS

4 COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

4.1 COMMODITY SPECIFICATIONS

4.1.1 “CLONE” OR “COMPATIBLE” TONER CARTRIDGES PROHIBITION

4.1.2 REMANUFACTURED TONER CARTRIDGE REQUIREMENT

4.1.3 TRADE AGREEMENT ACT (TAA) COMPLIANCE

4.1.4 EXECUTIVE ORDER 515 PERTAINING TO REMANUFACTURED SUPPLIES

4.1.5 PERFORMANCE SPECIFICATIONS, DISCLOSURES AND RECALLS

4.1.6 OEM AND REMANUFACTURED TONER CARTRIDGE STANDARDS

4.1.7 ALL TONER CARTRIDGE FAILURE, DEFECT AND RETURN RATE REPORTING

4.1.8 ONE-YEAR WARRANTY ON TONER CARTRIDGES

4.1.9 REMANUFACTURED TONER CARTRIDGE SPECIFICATIONS

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4.1.10 REMANUFACTURED TONER CARTRIDGE CERTIFICATIONS (DOES NOT APPLY TO INKJET

CARTRIDGES)

4.1.11 INKJET CARTRIDGES

4.1.12 ADDITIONAL SUPPLY TECHNICAL REQUIREMENTS

4.1.13 SUPPLIES PACKAGING: OEM AND REMANUFACTURED TONER CARTRIDGES

4.1.14 RETURN AND RECYCLING OF SUPPLIES

4.1.15 USED CARTRIDGE TRADE-IN ALLOWANCE

4.1.16 DELIVERY TERMS

4.2 SERVICE SPECIFICATIONS

4.3 GEOGRAPHIC COVERAGE

4.4 ORDERING AND QUOTES

4.5 ENVIRONMENTAL SPECIFICATIONS

4.5.1 ENVIRONMENTAL BENEFIT CLAIMS/LABELING

4.5.2 BIDDER CURRENT ENVIRONMENTAL PRACTICES FORM

4.5.3 ENVIRONMENTAL PLAN

4.6 COMPENSATION STRUCTURE/PRICING

4.6.1 COST TABLES

4.6.2 BUSINESS EXPENSES

4.6.3 SHIPPING FOB DESTINATION

4.6.4 VOLUME PURCHASE DISCOUNTS (VPD)

4.6.5 DOCK DELIVERY DISCOUNTS (DDD)

4.6.6 PROMPT PAY DISCOUNT

4.6.7 UPDATES TO SUPPLIES PRICING

4.6.8 TIME LIMITED SPECIALS

5 SUPPLIER DIVERSITY PLAN (SDP)

6 EVALUATION CRITERIA

6.1 MANDATORY REQUIREMENTS

6.2 EVALUATION COMPONENTS

6.2.1 SUPPLIER DIVERSITY PLAN (MINIMUM OF 25% WEIGHT OF THE TOTAL AVAILABLE 100%

EVALUATION POINTS)

6.3 BEST VALUE SELECTION AND NEGOTIATION

7 INSTRUCTIONS FOR SUBMISSION OF RESPONSES

7.1 ELECTRONIC SIGNATURES

7.2 ACCEPTABLE FORMS OF SIGNATURE

7.3 LIMITS AND RESTRICTIONS

7.3.1 FILE FORMAT RESTRICTIONS

7.3.2 FILE NAMING CONVENTIONS

7.4 GENERAL QUOTE REQUIREMENTS, PROVISIONS, AND PROHIBITIONS

7.4.1 QUOTE CONTENT

7.4.2 NON-COLLUSION

7.4.3 MULTIPLE QUOTES

7.4.4 MINIMUM QUOTE DURATION

7.4.5 BIDDER’S CONTACT INFORMATION

7.4.6 OWNERSHIP OF SUBMITTED QUOTES

7.4.7 PROHIBITIONS

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7.4.8 PUBLIC RECORDS LAW

7.4.9 REASONABLE ACCOMMODATION

8 REQUIREMENTS FOR DOING BUSINESS AFTER CONTRACT AWARD

8.1 REQUIRED FORMS (RFR ATTACHMENT F)

8.2 USE OF COMMBUYS

8.3 STATEWIDE CONTRACT VENDOR COMMUNICATIONS PROTOCOL

8.3.1 CHANGES TO CONTRACTOR’S INFORMATION

8.3.2 SINGLE POINT OF CONTACT

8.3.3 REPLACEMENT OF CONTRACTOR STAFF

8.3.4 ADDING COMMODITIES AND/OR SERVICES ONLY IN ACCORDANCE WITH THE STATEWIDE

CONTRACT

8.3.5 REQUESTING PRICE ADJUSTMENTS ONLY IN ACCORDANCE WITH STATEWIDE CONTRACT

8.4 PERFORMANCE MEASURES

8.4.1 MINIMUM AMOUNT OF BUSINESS WITH THIS CONTRACT

8.4.2 CONTINUED QUALIFICATION BASED ON PERFORMANCE

8.5 REPORTING REQUIREMENTS AND DUE DATES

8.5.1 REPORTING AND PAYMENT DUE DATES

8.5.2 QUARTERLY SALES, SUPPLIER DIVERSITY PROGRAM EXPENDITURE, AND ENVIRONMENTALLY

PREFERABLE PRODUCTS REPORT

8.5.3 STATEWIDE CONTRACT ADMINISTRATION QUARTERLY FEE PAYMENT AND REPORT

8.5.4 AUDIT

8.5.5 OTHER TERMS

8.5.6 AD HOC REPORTS

8.6 PAYMENT RELATED TERMS

8.6.1 BILL PAYMENT

8.6.2 LATE PAYMENT FEES

8.6.3 ELECTRONIC FUNDS TRANSFER (EFT)

8.6.4 CREDITWORTHINESS

8.6.5 TAX EXEMPTION

9 RFR APPENDICES

9.1 APPENDIX 1 – REQUIRED TERMS FOR ALL STATEWIDE RFRS

9.1.1 APPLICABLE PROCUREMENT LAW

9.1.2 GENERAL PROCUREMENT INFORMATION

9.1.3 TERMS AND REQUIREMENTS PERTAINING TO AWARDED STATEWIDE CONTRACTS

9.2 APPENDIX 2– REQUIRED TERMS FOR ALL INFORMATION TECHNOLOGY STATEWIDE

RFRS

9.2.1 ENTERPRISE POLICY AND STANDARDS

9.3 APPENDIX 3 - INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY

THROUGH COMMBUYS

10 GLOSSARY

RFR ITC80 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-79596 Page 1 Document Sensitivity Level: High during development; Low once published.

1 INTRODUCTION AND BID OVERVIEW

1.1 Summary Description of Procurement

The Commonwealth of Massachusetts and the Imaging Devices, Supplies and Service Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of imaging devices, including copiers, printers, scanners, multifunctional devices (MFDs), and digital duplicators, and related services and supplies. The resulting Contract will serve as the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The Contract will also be available for use by other Eligible Entities.

The resulting contract, ITC80, will replace the current Statewide Contract ITC66. Managed Print Services, currently available under ITS69, will also be available under ITC80.

Leasing, rental, or services agreements executed under ITC66 prior to the termination date of ITC66 will continue through the end dates of those agreements, provided that the agreements do not extend more than five (5) years after the termination date of the ITC66 Statewide Contract.

ITC80 will include the following Categories.

ITC80 Category 1, Imaging Devices, Supplies and Services, will be based upon Participating Addenda with vendors on the National Association of State Procurement Officials (NASPO) cooperative procurement, Colorado Solicitation # RFP-NP-18-001, an existing contract vehicle having an End Date of July 31, 2024. Awarded Vendors under ITC80 Category 1 will be manufacturers of equipment organized under the following NASPO Product Groups:

Multi-Functional Devices (MFDs), including Digital Duplicators if part of NASPO contract (Groups A and B) Production Equipment (Group C) Single Function Printers (Group D) Large/Wide Format Equipment (Group E) Scanners (Group F)

The types of equipment and services, including Managed Print Services, each vendor may sell under ITC80 Category 1 will be limited to their NASPO contract award, and as listed on the Participating Addendum executed with the Commonwealth.

ITC80 Category 2, Supplies, will be bid according to the specifications and requirements of this RFR. NASPO vendors currently awarded under ITC66 Category 1 and/or Colorado Solicitation # RFP-NP-18-001 may respond to this Category only if they wish to offer remanufactured supplies that are not included in their NASPO awards.

Authorized Dealers and Supplies Manufacturers (including remanufacturers) are eligible to bid on this Category.

This issuance of the RFR solicits quotes only for Category 2.

1.2 Estimated Procurement Calendar

Action Date

Announcement of Intent to Procure September 16, 2022

Bid Release Date October 6, 2022

Bidders Conference October 14, 2022, 9:00am - 10:00 am

Deadline for submission of written questions through COMMBUYS “Bid Q&A”

October 17, 2022

Official answers for Bid Q&A published (Estimated)

October 20, 2022 https://www.naspovaluepoint.org/portfolio/copiers-managed-print-services-2019-2024/

RFR ITC80 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-79596 Page 2 Document Sensitivity Level: High during development; Low once published.

Dates and Times Available for live webinars:

October 19, 2022 10:00 am – 11:30 am November 2, 2022 1:00 pm – 2:30 pm November 17, 2022 10:00 an – 11:30 am

Training for Online Submission – Contractors that have not previously submitted electronic quotes via COMMBUYS are strongly encouraged to attend training

Online Webinar:

This interactive webcast provides instructions on several activities:

Locating and responding to bids;

Using the bid Q&A feature; Creating a quote response; Revising a Quote response. Access the webcast here.

Bid Amendment Deadline. Bid documents will not be amended after this date.

October 20, 2022

Deadline for Quotes/Bid Responses (“Bid Opening Date/Time” in COMMBUYS)

November 29, 2022 2:00 pm

Notification of Apparent Successful Bidder(s) (Estimated)

December 7, 2022

Estimated Contract Start Date (actual start date will be the contract effective date, which is the date the contract is executed by the parties)

January 1, 2023

*See Register for Vendor Training for instructions on how to register for live webinars and additional trainings that may be helpful to prospective Bidders.

Visit https://www.mass.gov/doc/vendor-training-schedule/download for additional Instructor-Led Training and Webinar dates.

Times are Eastern Time (US), as displayed on the COMMBUYS system clock 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.

1.2.1 Submission of Bid Questions

The “Bid Q & A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. To locate the 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 Bidder’s access to the Bid Q & A page.

https://www.screencast.com/t/GMJLKkilF12 https://www.mass.gov/how-to/register-for-vendor-training https://www.mass.gov/doc/vendor-training-schedule/download

RFR ITC80 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-79596 Page 3 Document Sensitivity Level: High during development; Low once published.

All questions must be submitted through the Bid Q & A page. 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. Bidders 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.

1.2.2 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.

At the SST’s discretion, the Bid Amendment Deadline may be extended. Should this occur, the “Deadline for Quotes/Responses” shall be extended as well. As stated above, it is the responsibility of the Bidder for checking the Bid record in COMMBUYS for revisions and updates.

1.2.3 Bidders Conference

The Bidders Conference is a physical, web or telephone conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information. All questions related to the scope and technical requirements should be submitted using the Bid Q & A module in COMMBUYS.

Attendance is optional. Please refer to the Bidders Conference section of the Header Information for this Bid in COMMBUYS for any updated information, including the location, time, and date of the Bidders’ Conference.

1.2.4 Late Bids will not be Considered

Bid responses must be received in full by the bid opening date and time shown on COMMBUYS ("Bid Opening Date/Time", i.e., the Deadline for Quotes/Bid Responses). Proposals received after the deadline will be ineligible for consideration and deemed non-responsive. Each Bidder/offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete any online forms and upload documents. If you are in the middle of uploading your proposal when the deadline is reached, the system will stop the process and you will be unable to submit your Quote. It is recommended that Quotes be submitted as far in advance as possible before the deadline to allow time to obtain assistance from the OSD Help Desk if needed.

1.2.5 Debriefing

The SST will conduct debriefings for unsuccessful Bidders, if requested within 14 calendar days of notification that your Quote has not been selected for an award. Debriefing guidelines will be provided in advance prior to the debriefing.

1.3 Additional Bid Information

1.3.1 Anticipated Contract Duration

For Category 1, the current expiration date of the contract is 7/31/2024. If the NASPO contract is extended past this date, the Commonwealth may elect to extend Category 1 to be coterminous with the NASPO contract.

The term of Category 2 will be seven years with no renewals.

1.3.2 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 five (5) years beyond the final termination date of this Statewide Contract. No new leases, rentals, maintenance, or other agreements for services may be executed after the Contract has expired. Any contractor entering new engagements with eligible entities after

RFR ITC80 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-79596 Page 4 Document Sensitivity Level: High during development; Low once published.

contract expiration will be subject to remedial measures, which may include but are not limited to mandatory point deduction for future bid submissions and suspension of other contracts with OSD.

This clause does not apply to Category 2, Supplies.

1.3.3 Applicability of Bid Specifications

Category 1 will be composed of Awarded Vendors on the National Association of State Procurement Officials (NASPO) cooperative procurement Colorado Solicitation # RFP-NP-18-001 that execute ITC80 contracts with the Commonwealth in a process separate from this RFR. The remainder of this RFR applies to Category 2 only.

1.3.4 Estimated Value of the Contract

The estimated value of purchase(s) from Category 2 resulting from this Bid is $40,000,000. 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 Contractor sales reports to Commonwealth of Massachusetts eligible entities for FY19 through the first 6 months of FY22 (42 months), multiplied by two for a seven (7) year estimate. It includes only those sales for vendors awarded under ITC66 Category 4 (Supplies and Maintenance Services), reported in the sale reports as “Supplies.” It does not include sales reported by vendors under Category 1, NASPO, as sales reports for ITC66 Category 1 did not generally break out supplies separately.

1.3.5 Estimated Number of Awards

The target maximum number of Authorized Resellers is five (5).

The target maximum number of Supplies Manufacturers is five (5), excluding Device OEMs currently awarded under Category 1 of ITC66 and/or Colorado Solicitation # RFP-NP-18-001.

There is no target maximum number for Device OEMs currently awarded under Category 1 of ITC66 and/or Colorado Solicitation # RFP-NP-18-001. These Device OEMs are limited to bidding remanufactured toner cartridges and supplies that are not available under their NASPO Colorado Solicitation # RFP-NP-18-001 contracts. Category 2 ITC80 contracts will be awarded to these Bidders if they meet the RFR mandatory requirements, provide satisfactory SDP Plans (see RFR Section 5, Supplier Diversity Plan), and execute a Participating Addendum with OSD.

The SST may award more or fewer contracts to Authorized Resellers and Supplies Manufacturers, if it is in the best interests of the Commonwealth to do so. For example, the SST prefers to have multiple sources of supplies for all OEM devices currently available under Category 1 and may increase the number of contract awards if needed to accomplish this. NASPO OEM vendors are:

MFD’s Production Equipment

Single Function Printers

Large/Wide Format Equipment

Scanners Managed Print Services

Canon x x x x x x

HP Inc x x x x x

Konica Minolta x x x x x x

Kyocera x x x

Lexmark x x x

Ricoh x x x x x x

Sharp Electronics x x x x x

Toshiba x x x x x x

Xerox x x x x x

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1.3.6 Adding Contractors after initial Contract Award

If, over the life of the Contract, the SST determines that additional Contractors should be added to meet the requirements of the Commonwealth, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts and/or the Bid may be reopened to obtain additional Quotes.

1.3.7 Acquisition Method(s) (Supplies only):

Check All

Applicable (“X”):

Category x Fee-For-Service x Outright Purchase Rental (not to exceed 6 months) Term Lease License Other:

1.3.8 Entities Eligible to Use the Resulting Contract (“Eligible Entities”) Any Contract(s) resulting from this Bid will be open for use by the following entities:

Cities, towns, districts, counties, and other political subdivisions

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

Independent public authorities, commissions, and quasi-public agencies

Local public libraries, public school districts and charter schools

Public hospitals owned by the Commonwealth

Public institutions of higher education

Public purchasing cooperatives

Non-profit organizations that are doing business with the Commonwealth;

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

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.

2 ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

2.1 Procurement Exclusions

Printers, scanners, copiers, digital duplicators, MFDs, and/or similar devices may be not bid under this issuance of

RFR ITC80.

3 BIDDER QUALIFICATIONS

3.1 Company experience

3.1.1 Years in the industry of the Bid

Bidders must have been in the business of providing the types of goods and services they are proposing in response to this RFR for at least the three (3) most recent consecutive years prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar).

In the case of companies formed fewer than three (3) prior to this date via merger or acquisition, the SST may consider the experience of all companies involved in the merger or acquisition.

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 three (3) most recent consecutive years prior to the RFR submission https://www.mass.gov/service-details/non-profit-purchasing-programs

RFR ITC80 COMMBUYS BID NUMBER BD-23-1080-OSD03-OSD03-79596 Page 6 Document Sensitivity Level: High during development; Low once published.

deadline. Bidders must provide a sufficient description for each merger or acquisition to enable the SST to easily determine the years of experience of the combined entity.

3.2 Authorized Dealer Authorization Letters

Authorized Dealers are dealers authorized by Supplies Manufacturers or Supplies Remanufacturers to provide supplies. Their bids must include a scanned letter from each Supplies Manufacturer whose products are proposed in the bid. All authorization letters must:

identify whether each of the following types of products is covered by the Authorization letter:

o OEM Toner Cartridges (Yes/No) o Remanufactured Toner Cartridges (Yes/No) o Inkjet Cartridges (Yes/No) be on company letterhead, and be dated no more than three months prior to the RFR submission deadline, and confirm that the Supplies Manufacturer has been in business providing supplies for no less than the consecutive three (3) years preceding the RFR submission deadline, and indicate whether supplies manufacturer is certified by the International Standard for Organization (ISO) 9001 series for Quality Management Systems and/or ISO 14001 series for Environmental Management Systems, and expiration date of authorization, if specified, is not prior to RFR submission deadline, and identify the Bidder using the Bidder’s company legal name.

Authorization letters from suppliers providing remanufactured toner cartridges must also:

include a statement that the Supplies Manufacturer is certified by the International Imaging Technology Councils Standardized Test Method Committee (STMC) (see RFR Section 4.1. 6, OEM and remanufactured toner cartridge standards.

Authorization letters from suppliers providing inkjet cartridges must also:

include a statement from the inkjet Supplies Manufacturer that products have been tested and meet the criteria in these standards: 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.

Awarded Vendors must notify the OSD Contract Manager of adverse changes in their Supplies Manufacturer authorizations, including but not limited to increased restrictions, expiration, or cancellation of the authorization.

Notification to the OSD Contract Manager must be provided on the earlier of:

A minimum of sixty (60) calendar days prior to the effective date of the change.

Within one week of the date that the Vendor is notified of the change by the Supplies Manufacturer.

Vendors agree to provide proof of Supplies Manufacturer authorization upon request during the term of the contract.

3.3 Supplies Remanufacturer Certifications

Supplies Remanufacturers must confirm in their RFR Response that they are certified by the International Imaging Technology Councils Standardized Test Method Committee (STMC) (see RFR Section 4.1.10, Remanufactured toner cartridge certifications),.

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3.4 Supplies Manufacturers Bidding with Authorized Dealers

Supplies Manufacturers must ensure complete coverage of service throughout the Commonwealth of Massachusetts. Supplies Manufacturers intending to utilize Authorized Dealers as subcontractors to support this contract must include in their response a list of Authorized Dealers who will represent them per the terms and conditions of this RFR.

The Supplies Manufacturer, as an Awarded Contractor, shall be fully responsible for meeting all terms of this RFR.

The Awarded Contractor will have full responsibility for the performance of their authorized dealer(s). Awarded Contractors will be responsible for the training and education of Authorized Dealers to ensure contract compliance.

The Authorized Dealers listed by the Supplies Manufacturer will not be awarded contracts and will not be allowed to accept purchase orders, submit invoices, or receive payments, unless the Authorized Dealer is also an Awarded Contractor under ITC80.

3.5 Emergency Response Capabilities

In a declared state of emergency where the safety and wellbeing of Commonwealth citizens are at risk, contractors may be asked to supply the Commonwealth with the commodities and/or services under the Statewide Contract on a priority basis. After notification of Contract Award, if any, the Bidder will be asked to provide and maintain a list of one or more emergency contacts including name, position/title, office and cell phone numbers, email address, and hours of availability. Bidders with an emergency contact telephone number and email address without a specific individual assigned to this role should provide that information in lieu of, or in addition to, contact information for a named individual. This list is not required as part of the Bid submission and will not be evaluated.

3.6 Financial stability including bankruptcy and litigation

The Commonwealth may choose not to award contracts to Bidders that have entered into bankruptcy during the three-year period immediately prior to the RFR submission deadline. Bidders must identify in their RFR response whether they have entered into such a bankruptcy and, if so, describe the circumstances and current status.

The Bidder affirms that they have no outstanding contingencies, such as lawsuits or other claims or charges that will adversely impact their ability to perform to the requirements of this RFR. The SST reserves the right to request additional information regarding any bankruptcy, or other outstanding contingencies.

3.7 References

Bidders must provide six (6) customer references for the products and/or services they are proposing.

Products/services must have been supplied within the two (2) years immediately preceding the RFR submission deadline. Two of the references must be the two largest customers, based upon purchase dollar volume, in Massachusetts, if available. References from state or local government are desirable.

The SST may verify references included in the Response and to conduct other reference checks as deemed appropriate. Vendors may provide multiple contact people for each reference client. If the SST is unable to contact a specific client, no points will be awarded for the reference.

3.8 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, change in security status or non-compliance with the Eligible Entity’s security or other requirements.

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4 COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

4.1 Commodity Specifications

4.1.1 “Clone” or “Compatible” toner cartridges prohibition

“Cloned” Or “Compatible” toner cartridges may not be proposed under this RFR. Toner cartridges must be remanufactured or OEM products.

4.1.2 Remanufactured toner cartridge requirement

All Bidders must include remanufactured toner cartridges in their offerings.

Current ITC66 OEMs and/or Colorado Solicitation # RFP-NP-18-001 contract holders may not include OEM toner cartridges in their offerings, all toner cartridges bid under Category 2 by current ITC66 OEMs and/or Colorado Solicitation # RFP-NP-18-001 contract holders must be remanufactured toner cartridges.

4.1.3 Trade Agreement Act (TAA) compliance

As the Commonwealth aspires to transition to exclusively TAA compliant products, it is desirable that only Trade Agreement Act (TAA) compliant products be offered under this contract. However, the SST reserves the right to evaluate products whose compliance is unverified. Bidders must include a statement that they will adhere to this requirement in their proposals under Question 5 in “Attachment A – Bidder Response Form”.

4.1.4 Executive Order 515 pertaining to remanufactured supplies In compliance with Executive Order 515 it is the recommendation of the Commonwealth and the SST to promote the purchase of environmentally preferable supplies to the greatest extent possible as a sound environmental and economic practice. See RFR Section 4.1.6, OEM and remanufactured toner cartridge standards, for a list of types of toner cartridges in the order of environmental preferability. Bidders may use a third party to supply toner cartridges.

4.1.5 Performance specifications, disclosures and recalls

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

4.1.6 OEM and remanufactured toner cartridge standards

The ITD (now EOTSS Executive Office of Technical Services and Security) Enterprise Printer Cartridge Acquisition Policy was signed on 10/27/2012 (https://www.mass.gov/files/documents/2016/07/ox/enterprise-toner-cartridges-policy-itdandosd.docx) and establishes requirements for the purchase and recycling of laser printer toner cartridges aimed at increasing the purchase and use of remanufactured laser printer cartridges throughout the Commonwealth of Massachusetts Executive Department agencies, and any non-executive department when they are using IT Capital Funds to acquire Information Technology commodities and/or services. All affected buying entities are strongly encouraged to purchase high yield remanufactured toner cartridges as defined in the specification below that meet the requirements. The following list is intended to enable purchasers to obtain the most cost effective and best quality monochrome toner cartridges available in the marketplace. Vendors must be able to provide both remanufactured and high yield OEM cartridges and those that meet the highest priority within the list will achieve greater recognition in the vendor selection process:

The following list prioritizes toner cartridges in order of their cost-effectiveness, quality, and environmental preferability:

Priority 1 - Remanufactured High-yield Cartridges Priority 2 - High-yield Original Equipment Manufacturer (OEM) Cartridges Priority 3 - Remanufactured Standard Cartridges Priority 4: OEM Standard Cartridges (only if the above are NOT available)

Bidders must propose to provide Priority 1, 2, and 3 toner cartridges if available. It is desirable that Bidders be able to propose Priorities 1, 2, and 3, with higher preference being given to the higher numbered priorities.

All such supplies must meet the following requirements except as noted:

Original Equipment Manufacturer (OEM) standards for performance and quality, https://gsa.federalschedules.com/resources/taa-designated-countries/ https://gsa.federalschedules.com/resources/taa-designated-countries/ https://www.mass.gov/files/documents/2016/07/ox/enterprise-toner-cartridges-policy-itdandosd.docx https://www.mass.gov/files/documents/2016/07/ox/enterprise-toner-cartridges-policy-itdandosd.docx

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Latest American Society for Testing and Materials (ASTM) Standards for toner cartridges and remanufactured toner cartridges: http://www.astm.org and

International Safe Transit Association Integrity Procedure 1A Standard (ISTA 1A) http://www.ista.org.

Bidders must indicate whether they are certified by the International Standard for Organization (ISO) 9001 series for Quality Management Systems and ISO 14001 series for Environmental Management Systems.

These ISO certifications are desirable but not required.

For Remanufactured Toner Cartridges Only: International Imaging Technology Councils Standardized Test Method Committee (STMC) guideline adopted for the appropriate OEM or Remanufactured Product, https://i-itc.org/stmc-guide/ (does not apply to inkjet cartridges).

Supplies Manufacturers must confirm that their products have been tested in accordance with the applicable standards above and meet or exceed the criteria.

Bidders should include the following information in their Cost Tables (see RFR Attachment D) and catalogs for each applicable product bid:

expected number of impressions for all toner cartridges in their bids, based on 5% coverage for black and white and 20% coverage for color link to the current Safety Data Sheet (SDS)

Third party certifications (e.g., “Blue Angel”) identify whether the product is remanufactured by entering the "Remanufactured OEM Part Number" where applicable.

identity whether toner cartridges are High-Yield identify whether toner cartridges are remanufactured percentage of post-consumer recycled content (PCRC) in each product identify whether the product includes “smart chips” (See RFR Section 4.1.12, Additional supply technical requirements)

4.1.7 All toner cartridge failure, defect and return rate reporting Awarded Contractors will also be required to furnish an annual report on the failure rate of all toner cartridges supplied under this contract. The report shall include the date of sale, the name of the manufacturer, type of cartridge and the reason for the cartridge return or failure, and the total number of toner cartridges sold during the year of the same type and manufacturer.

4.1.8 One-year warranty on toner cartridges

If a toner cartridge fails within one year from the date of purchase due to defects in the cartridge, material used in the cartridge, workmanship or damage during shipping, the vendor shall provide a replacement within five business days of notification. Return of the failed cartridge will be at the vendor’s expense.

If the failed cartridge has damaged the device in which it was installed, the vendor shall:

Reimburse the Eligible Entity for the cost of having the device repaired or

Reimburse the Eligible Entity for the cost of replacing the device.

4.1.9 Remanufactured toner cartridge specifications

A remanufactured toner 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.

Remanufactured toner and ink cartridges supplied in this contract must meet or exceed OEM cartridge standards http://www.ista.org/ https://i-itc.org/stmc-guide/

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for quality and performance and meet approved remanufactured cartridge industry standards as listed in RFR Section 4.1.6, OEM and remanufactured toner cartridge standards.

4.1.10 Remanufactured toner cartridge certifications (does not apply to Inkjet Cartridges) 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.

4.1.11 Inkjet Cartridges

Specifications for “toner cartridges” or “cartridges” all apply to Inkjet Cartridges unless otherwise stated or implied by context.

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.

Supplies Manufacturers must affirm that their products have been tested in accordance with these standards and meet or exceed the criteria.

4.1.12 Additional supply technical requirements

In their submissions, Bidders should 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 that have not been constructed so as to prevent their remanufacturing by third parties.

4.1.13 Supplies Packaging: OEM and remanufactured toner cartridges Packaging for all supplies must comply with the following specifications:

Clearly label each cartridge with the manufacturer’s/supplier's name and cartridge model number (affixed to the cartridge and capable of withstanding normal use and handling in the equipment environment).

The external carton or an internal shipping invoice shall also identify cartridge type (make and model), the Contractor’s name, address and telephone number. It is desirable that cartridge boxes or internal shipping invoices carry the date of manufacture or remanufacture and use by date for shelf life and inventory purposes.

Each cartridge shall be packaged in a moisture proof bag and either heat-sealed or zip-locked, meeting or exceeding OEM standards. Toner cartridge bag shall additionally be anti-static. Toner cartridges shall be placed in a protective cradle prior to being packaged in an external carton. Packaging should be constructed to permit repackaging for return to the Contractor, if this option is offered as part of the Bidder’s Return and Recycling Plan (See RFR Section 4.1.14, Return and recycling of supplies”).

Packaging must be made from material that can be recycled.

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Packaging may not contain inks, dyes, pigments, adhesives, stabilizers, or any other additives to which any lead, cadmium, mercury, or hexavalent chromium is intentionally added or contains incidental concentrations of lead, cadmium, mercury or hexavalent chromium.

Packaging must be constructed to permit users to re-package empty cartridges for return to contractor, if this option is offered as part of the Bidder’s Return and Recycling Plan (See RFR Section 4.1.14, Return and recycling of supplies). It must include a label, on at least one of the long sides, that says “Important:

Save this box and all internal packaging for return of empty cartridge” (or similar wording).

Minimize shipping packaging used (“right size” order packaging).

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.

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), Prepaid return labels (UPS/Postal Service) (where applicable).

4.1.14 Return and recycling of supplies

The Commonwealth has established a goal to return empty cartridges and other recyclable supply items for remanufacturing or recycling, 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 (OEM. and remanufactured) at no additional cost to the buyer in accordance with the following requirements:

The method and expense of conducting such supply item returns will 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 contractor’s recycling program.

After contract award, all contractors must at the time of 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 the following in their response:

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

o Preferred: A sample instruction sheets and sample prepaid freight labels (if a prepaid return shipment label program is offered); or o A written statement guaranteeing that the Bidder will pick up used supply items from Eligible Entities (if a contractor pickup program is offered); or o 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). This agreement may be conditional and effective only if the Bidder is awarded a contract under ITC80, and/or o Any other documentation showing that an effective recycling program will be offered.

Offering both the prepaid label option and a pickup option will receive the most points in the evaluation.

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Whether the Bidder will accept returns of used supplies made by manufacturers whose products they do not carry (this is desirable but not required).

Information on any criteria that would render a cartridge unacceptable for recycling.

Providing a recycling program for used supply items is a requirement. Failure or refusal to comply with the terms of Bidder’s accepted plan for recovering used supply items, or inability to successfully resolve a pick-up issue, will be considered contractual non-compliance, see RFR Section 8.4.2, Continued qualification based on performance.

It is also encouraged that Bidders develop creative ways of partnering with diverse businesses (see RFR Section 5, Supplier Diversity Plan) in order to provide the collection, transportation and/or remanufacturing of the used supplies.

4.1.15 Used cartridge trade-in allowance

It is desirable for a Bidder to offer a trade-in allowance, and if offered, it must be indicated in their response.

Trade-in amounts on cartridge and/or other supply type returns will not be deducted until written confirmation of the trade-in allowance 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 any trade-in allowance offered for all parties concerned.

It is desirable that Bidders offer a trade-in allowance on used supplies made by manufacturers whose products they do not carry.

4.1.16 Delivery Terms

Inside delivery is required, unless otherwise specified on the Purchase Order.

All deliveries must be FOB Destination; freight prepaid by the Awarded Vendor, to the Eligible Entity’s location as specified in the Purchase Order.

Supplies shall be delivered within 10 (ten) business days after receipt of a Purchase Order, unless otherwise specified by the Eligible Entity.

All deliveries shall be made during the delivery days and receiving hours specified in the Purchase Order.

It shall be the…