ITC83 Contract User Guide 5.3.2024.docx

ITC83: IT Asset Lease Services UPDATED: May 3, 2024

*The asterisk is required when referencing the contract in the Massachusetts Management Accounting Reporting System (MMARS).

Table of Contents:

Contract User Guide for ITC83

(NOTE: To access hyperlinks below, scroll over desired section and CTL + Click) NOTE: Contract User Guides are updated regularly. Print copies should be compared against the current version posted on mass.gov/osd.

Updated: May 3, 2024 Template version: 8.0 Page 1 of 12 One Ashburton Place, Room 1608 Boston, MA, 02108-1552 Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

NOTE: Contract User Guides are updated regularly. Print copies should be compared against the current version posted on mass.gov/osd.

Updated: May 3, 2024 Template version: 8.2 Page 4 of 12 One Ashburton Place, Room 1608 Boston, MA, 02108-1552 Tel: (617) 720 - 3300 | www.mass.gov/osd | TDD: (617) 727 - 2716 | Twitter: @Mass_OSD | Fax: (617) 727 - 4527

· Contract Summary

· Benefits and Cost Savings

· Find Bid/Contract Documents

· Who Can Use This Contract

· Subcontractors

· Supplier Diversity Requirements

· Pricing, Quotes and Purchase Options

· Instructions for MMARS Users

· Contract Exclusions and Related Statewide Contracts

· Additional Information/FAQ's

· Performance and Payment Time Frames Which Exceed Contract Duration

· Strategic Sourcing Team Members

· VENDOR LIST AND INFORMATION

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Contract Summary This is a Statewide Contract for the acquisition of IT Asset Lease financing by Commonwealth departments and other Eligible Entities for Information Technology Equipment (i.e., printers, copiers, servers, and laptops), peripheral equipment, and other IT assets authorized by the ITC83 Strategic Sourcing Team (SST) and the Operational Services Division. This contract is not intended to be used to purchase IT assets; rather it is intended only for the leasing of IT assets for their operational term, at the end of which the IT assets return to the possession of the contractor. Please see the other ITC – Information Technology – Hardware or ITS – Information Technology – Software and Services Statewide Contracts for outright purchase of IT equipment.

ITC83 Statewide Contract will no longer support software apart from the associated software with leasing IT equipment. Software can be leased under the current software Statewide Contract, ITS75 – Software and Services.

Each Eligible Entity is responsible for executing its own forms and paying its own invoices for lease financing acquired through this statewide contract.

Benefits and Cost Savings Statewide contracts are an easy way to obtain benefits for your organization by leveraging the Commonwealth’s buying power, solicitation process, contracting expertise, vendor management and oversight, and the availability of environmentally preferable products.

· This contract provides departments with flexibility in establishing expenditure plans in support of their business needs.

· Competition among equipment contractors and independent financing contractors for every lease result in good rates.

· A consistent Request for Quotation (RFQ) process is used for each lease request in order to secure fixed quotes from, and ensure competition among, the lease financing contractors.

· The following standardized documents are available for use by all Eligible Entities that acquire IT asset lease financing pursuant to this statewide contract:

· General Lease Terms and Conditions;

· Lease Quote Form; and

· IT Asset Listing Acceptance Form: includes Essential Use Certification and Certificate of Appropriation.

Find Bid/Contract Documents

· To find all contract-specific documents, including the Contract User Guide, RFR, specifications, price sheets and other attachments, visit COMMBUYS.com and search for ITC83 to find related Master Blanket Purchase Order (MBPO) information.

· To link directly to the MBPO for ITC83 visit the Master Blanket Purchase Order PO-24-1080-OSD03-SRC3-30289.

Who Can Use This Contract Applicable Procurement Law Executive Branch Goods and Services: MGL c. 7, § 22; c. 30, § 51, § 52; 801 CMR 21.00;

Eligible Entities Please see the standard list of Eligible Entities on our Eligible Entities Which May Use Statewide Contracts webpage.

Subcontractors The awarded vendor’s use of subcontractors is subject to the provisions of the Commonwealth’s Terms and Conditions and Standard Contract Form, as well as other applicable terms of this Statewide Contract.

Prior approval of the department is required for any subcontracted service of the Contract. Contractors are responsible for the satisfactory performance and adequate oversight of their subcontractors.

Supplier Diversity Requirements When selecting vendor(s) without soliciting quotes or a statement of work, Executive Departments should follow below guidance:

When selecting contractors and placing orders, Executive departments shall utilize diverse and small businesses to the extent possible based on contract terms, SDO and departmental policies, laws, and regulations. Additionally, departments shall make a preference for contractors with higher SDP commitments and/or performance whenever such information is available (or is requested from contractors by the department) and the preference is feasible.

OSD provides up-to-date information on the availability of diverse and small businesses on statewide contracts through the Statewide Contract Index available on the COMMBUYS home page. See the “Programs (SDO and SBPP)” tab for current certification and small business status of contractors on this contract.

When selecting vendor(s) from multiple quotes and statement of work, Executive Departments should follow below guidance:

Requirements of the Small Business Purchasing Program for Small Procurements (expected annual value of $250,000 or less) or the Supplier Diversity Program for Large Procurements (expected annual value exceeding $250,000) apply to Executive Departments soliciting quotes or issuing statements of work.

Small Business Award Preference: In accordance with the Supplier Diversity Office’s SBPP Policy, Departments must award contracts for Small Procurements to SBPP-participating small business bidders if both of the following conditions are met:

· The response is received from an eligible small business; AND

· The response meets the Department’s best value criteria as defined in the RFR or RFQ.

SDP Commitment: Businesses awarded large Commonwealth contracts for goods and services (also called prime contractors or prime vendors) are required to make measurable financial commitments to do business with one or more diverse businesses (often called SDP Partners). This business-to-business relationship requirement applies to all Large Procurements for goods and services, which were historically defined as those expected to exceed $150,000 in total spending. Effective July 1, 2021, Large Procurements will be defined as those expected to exceed $250,000 in annual spending.

Executive departments should take into consideration contracted vendors SDP commitments when evaluating responses. Specifically, the following fields of the new SDP Plan Form correspond to the goals stated above:

SDP policy link or attachment (if any)

Additional creative initiatives (if any)

SDP commitment – subcontracting

Evaluate the bidder’s SDP commitment.

SDP commitment – ancillary

SDP commitment – total

Company prior year spending with the list of partners (if available)

Key Evaluation Requirements The following key requirements apply to the evaluation of submitted SDP Plans:

· At least 25% of the available evaluation score must be dedicated to the evaluation of the bidder’s SDP Commitment.

· The majority of the SDP evaluation score should be dedicated to the bidder’s SDP commitment.

· bidders offering more value in their SDP Plan submissions must receive higher scores.

Other Requirements:

· Include SBPP contract language and place it prominently within the RFQ. See SDO Template Language.

· Evaluate bids received from, and award a contract to, an SBPP-participating small business that meets the department’s best value criteria.

· Award to a large business only if there is no SBPP participating business meeting departments’ best value criteria.

· Conduct a clarification/BAFO/negotiation before disqualifying an SBPP-participating business based on price or desirable criteria.

· See the Best Value Evaluation of Responses to Small Procurements: A Guide for Strategic Sourcing Teams for additional guidance.

· Make a preference for contractors with higher SDP commitments and/or performance whenever such information is available (or is requested from contractors by the department) and the preference is feasible.

· See the Best Value Evaluation of SDP Plan Forms: A Guide for Strategic Sourcing Teams for additional guidance.

1. Note: Departments may ask the prime Contractor for an additional SDP commitment specifically related to the Department’s purchase or engagement. SDP spending for such a purchase or engagement must be reported by the Contractor using the SDP Reporting Form directly to the Department and may not be included in any other SDP reporting filed by the Contractor.

OSD provides up-to-date information on the availability of diverse and small businesses on statewide contracts through the Statewide Contract Index available on the COMMBUYS home page. See the “Programs (SDO and SBPP)” tab for current certification and small business status of contractors on this contract.

Pricing, Quote and Purchase Options Purchase Options The purchase options identified below are the only acceptable options that may be used on this contract:

· This contract is for leasing of information technology (IT) assets only.

Pricing Options Quotes must be requested from all vendors on the contract.

Setting Up a COMMBUYS Account COMMBUYS is the Commonwealth’s electronic Market Center supporting online commerce between government purchasers and businesses. If you do not have one already, contact the COMMBUYS Help Desk to set up a COMMBUYS buyer account for your organization: (888)-627-8283 or OSDhelpdesk@mass.gov.

When contacting a vendor on statewide contract, always reference ITC83 to receive contract pricing.

Quick Search in COMMBUYS Log into COMMBUYS, and use the Search box on the COMMBUYS header bar to locate items described on the MBPO or within the vendor catalog line items. Select Contract/Blanket or Catalog from the drop-down menu.

How To Purchase From The Contract Eligible entities are required to seek quotes from contractors on this statewide contract by referencing Statewide Contract ITC83 and utilizing the Lease Quote Form. The lease rate will be fixed for each lease for the direction of the lease.

· The Eligible Entity requests quotes from contractors on the appropriate IT Asset Statewide Contract(s), or from other vendors if allowed by the Eligible Entity's procurement regulations, for the IT asset(s) being sought.

· The Eligible Entity selects the quote which represents the best value from among the quotes returned from IT asset vendors.

· The Eligible Entity completes the IT Asset Transaction Summary section of the IT Asset Lease Quote Form, including contact information, a description of the IT asset(s), and the other details requested in the Form.

· The Eligible Entity submits the IT Asset Lease Quote Form along with a copy of the selected best value quote and a completed IT Asset Listing (page 1) on the IT Asset Listing Form to all IT asset lease contractors.

· IT asset lease contractors must respond with lease quotes within five (5) business days from receipt of the IT Asset Lease Quote Form. Contractors may refuse to provide quotes for IT assets or for a requested lease but must inform the requesting Eligible Entity of this refusal within five (5) business days.

· Contractors must complete the IT Asset Lease Quote Form to provide the amounts for term leases ONLY. Options for fair market value lease-purchase, options for lease-purchase, options for upgrades, and options for early buyouts may not be included.

· Contractors are encouraged to suggest changes to the IT Asset Lease Quote request that will result in a lower lease rate or other cost savings during the term of the lease. The Eligible Entity may choose not to select these changes.

· The Eligible Entity selects the IT Asset Lease Quote that represents the best value and the authorized signatory of the Eligible Entity signs and dates the IT Asset Lease Quote form.

· The Eligible Entity provides the executed IT Asset Lease Quote Form to both the IT asset contractor and the IT lease contractor which are identified on the form. This execution authorizes the IT asset lease contractor and the IT asset contractor to proceed with delivery of the IT asset(s).

· Upon receipt of all IT Assets subject to the lease, the Eligible Entity will submit the signed IT Asset Listing Form confirming receipt of the IT assets and acceptance of the lease. The acceptance date shall be the later of:

· Date of IT asset receipt (deemed to be 5 days after IT asset is shipped from supplier or manufacturer) plus twenty-five (25) calendar days; or

· Twenty-five (25) calendar days after the expected delivery date indicated on the IT Asset Lease Quote form; or

· The first lease payment is due no earlier than thirty (30) calendar days after the acceptance date.

Obtaining Quotes Contract users should always reference ITC83 when contacting vendors to ensure they are receiving contract pricing. Quotes, not including construction services, should be awarded based on best value.

COMMBUYS functionality provides a mechanism to easily obtain quotes, as specified by the Contract. The buyer would create a Release Requisition, and then convert it to a Bid. After approval by the buyer approving officer, the bid is then sent to selected vendors to request quotes.

For a full description of how to complete a quote in COMMBUYS visit the Job Aids for Buyers webpage, and select:

· The COMMBUYS Purchase Orders section and choose Request Quotes From Vendors on Statewide Contracts job aid.

Instructions for MMARS Users MMARS users must reference the MA number in the proper field in MMARS when placing orders with any contractor.

Contract Exclusions and Related Statewide Contracts This contract is not for the purchase of IT assets; rather it is intended only for the leasing of IT assets for their operational term, at the end of which the IT assets return to the possession of the contractor. No Statewide Contracts are available that provide terms for purchasing equipment at the end of the lease.

Leases for vehicles and any other type of motorized equipment are prohibited under this contract. Software apart from the associated software with leasing IT equipment is prohibited under this contract. Leases for software can be procured under the current software Statewide Contract, ITS75 –Software and Services.

Additional Information/FAQs Performance and Payment Time Frames Which Exceed Contract Duration All term leases, rentals, maintenance, or other agreements for services entered into during the duration of this Contract and whose performance and payment time frames extend beyond the duration of this Contract shall remain in effect for performance and payment purposes (limited to the time frame and services established per each written agreement). No written agreement shall extend more than 60 months beyond the current contract term of this Statewide Contract as stated on the first page of this contract user guide. No new leases, rentals, maintenance or other agreements for services may be executed after the Contract has expired.

Return of Leased Assets Unless otherwise agreed, de-installation of the Asset(s) is the responsibility of the Eligible Entity (Lessee). It is the Eligible Entity'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 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 will allow the Contractor access to the leased asset(s) for pickup.

Any changes to the above must be documented in the Asset Lease Quote form and the Asset Listing if applicable.

Lease Renewals Lease renewals are not permitted after expiration of the original lease. However, the Eligible Entity can negotiate a new lease for one year, based on the current value of the equipment, with or without maintenance as the Eligible Entity prefers. Some Contractors, for internal reasons, call these "lease renewals," but for the purposes of this Contract they are new leases. Eligible Entities should refer to the Comptroller's maximum term and maximum value guidelines for leases if they are under Comptroller's jurisdiction; other Eligible Entities should verify that the planned new lease is permitted under their agency's guidelines or regulations.

Strategic Sourcing Team Members

· Tamia Buckingham, Office of the Comptrollers

· Jennifer Canela, Operational Services Division

· Amanda Ferdinand, Operational Services Division

· Tim Kennedy, Operational Services Division

· Jennifer M. O’Callaghan, Office of the Comptrollers Vendor List and Information*

*Note that COMMBUYS is the official system of record for vendor contact information.

**The Master Contract Record (MBPO) is the central repository for all common contract files, including the RFR and forms need to use the contract. This MBPO is solicitation-enabled and can be used for requesting quotes from multiple vendors.

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