Multifunction Devices Rental Specifications.pdf

STATE OF SOUTH DAKOTA

OFFICE OF PROCUREMENT MANAGEMENT

523 EAST CAPITOL AVENUE

PIERRE, SOUTH DAKOTA 57501-3182

STANDARD TERMS AND CONDITIONS FOR SEALED BIDS

NOTICE TO BIDDERS. The State of South Dakota acting through the Office of Procurement Management will receive sealed bids to the hour specified for the commodities described by the specification(s) stated herein. Unless otherwise stated the bids will be opened in the Office of Procurement Management.

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UNLESS OTHERWISE INSTRUCTED, BIDDERS REGISTERED WITH THE SOUTH DAKOTA OFFICE OF

PROCUREMENT MANAGEMENT ARE ASKED TO SUBMIT THEIR BIDS ELECTRONICALLY THROUGH THE

ELECTRONIC BID AND RESPONSE SYSTEM WHICH HAS BEEN IMPLEMENTED BY THE STATE OF SOUTH

DAKOTA.

By signing and submitting their paper bid, or submitting a bid electronically, a bidder certifies that it has read the Solicitation, and the SD Vendor's Manual, understands the same, and agrees that acceptance by the State of South Dakota of the bidder's offer by issuance of a purchase order, notice of awards or contract will create a binding agreement.

Further, bidder agrees to fully comply with the provisions of SDCL 5-18, and amendments thereto, the SD Vendor's Manual and with the specifications and other documentary forms herewith made a part of this specific procurement. An on-line version of the South Dakota Vendor’s Manual is available on the South Dakota Web Site located at https://boa.sd.gov/central-services/procurement-management/docs/SDVendorManual_01-04-19.pdf. Where the provisions stated in the solicitation differ or conflict with the South Dakota Vendor’s Manual, the provisions stated in the solicitation will take precedence.

For those submitting paper bids, this form is part of the bid package and must be signed and returned, along with any other required proposal documents, by the opening date and time specified.

FIRM NAME: AUTHORIZED SIGNATURE:

ADDRESS: TYPE OR PRINT NAME:

CITY/STATE: TELEPHONE NO:

ZIP (9 DIGIT): FAX NO:

E-MAIL ADDRESS:

FEDERAL TAX ID# (W-9): GRAND TOTAL OF BID: $

On occasion an agency may need to contact a vendor regarding shipping dates, pricing structures, invoices, and technical questions. Often, the name of the individual signing a bid is not the person to contact.

Therefore, please list below additional personnel who can be contacted.

NAME: TELEPHONE NO:

FAX NO: EMAIL:

https://boa.sd.gov/central-services/procurement-management/docs/SDVendorManual_01-04-19.pdf

A. GENERAL PROVISIONS

A.1. BID SUBMISSION

A.1.1. Submitted bids shall be in strict conformity with the specifications and the “Special Provisions”, and shall contain all completed forms or other documentation required by the solicitation.

A.1.2. Paper Bids. Bids submitted on paper must be in a sealed envelope labeled as shown below. The form on page 1 of this document must be signed and submitted along with the bid.

A.1.2.1. The United States Postal Service processes all letter size mail on OPTICAL CHARACTER

READERS (OCR). Mail that is not in the proper format can be delayed. To prevent delays in receiving bids the following seven (7) line address should appear exactly as displayed.

PMB 01231

SOLICITATION #26IFB19851 MULTIFUNCTION DEVICES

RENTAL OPENING DATE JULY 16, 2026 2:00 PM CT

PURCHASING SPECIALIST MISSY SCHUETZLE

OFFICE OF PROCUREMENT MANAGEMENT

523 E CAPITOL AVE

PIERRE SD 57501-3182

A.1.2.2. All bids shall be legibly typed or written. Pencil bids will not be accepted. Telephone and fax quotations will not be accepted. Bids may be faxed to a third party and will be accepted if they are clearly readable and are delivered to the Office of Procurement Management in a sealed envelope, as indicated above, along with any required bonding.

A.1.3. Electronically submitted bids. Bids may be submitted electronically only by approved bidders registered with the State of South Dakota through electronic bid and response system (E-Procurement System) which has been implemented by the Office of Procurement Management.

A.2. SOLICITATION AMENDMENTS

A.2.1. No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in the solicitation. All amendments to the solicitation shall be made in writing by the Office of Procurement Management.

A.3. SOLICITATION SPECIFICATIONS

A.3.1. Any and all changes to the solicitation specifications by the bidder must be clearly and specifically noted either on the bid or on a separate sheet attached to the bid. If no changes are indicated on the bid it will be assumed that the bidder is bidding as per the stated specification.

A.3.2. If submitting a paper bid, the bidder need only return the specification pages for items you are bidding. It is not necessary to return the entire document if you are not bidding on every item. It is not necessary to submit a “no bid” response to this Solicitation.

A.4. BID WITHDRAWAL OR MODIFICATION

A.4.1. A bidder may request that their submitted bid be withdrawn in person, or by submitting a letter, email, or fax to the Office of Procurement Management prior to the bid opening date and time.

A.4.2. A bidder may submit a modification to a submitted bid by mail, facsimile, or electronic notice submitted to the Office of Procurement Management no later than the date and time set for the opening of bids. A modification may not reveal the bid price but shall provide the addition or subtraction or the modification so that the final prices or terms will not be known to the Office of Procurement Management until the sealed bid is opened. A modification may not be withdrawn after the date and time set for the opening of bids. Each modification shall be confirmed in writing by the successful bidder before award of the contract. No bid made may be changed or altered by telephone.

A.4.3. After bid opening, no bidder may withdraw their bid without written approval of the Office of Procurement Management. Withdrawal after bid opening will only be allowed when the Office of Procurement Management determines that the bidder has made an obvious mistake in their bid.

A.4.4. The Office of Procurement Management may waive technical irregularities in the bid or proposal of the low bidder or offeror which irregularities do not alter the price, quality, or quantity of the services, or items of tangible personal property bid or offered.

A.5. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION – LOWER TIER COVERED TRANSACTIONS

By signing and submitting their paper bid, or by submitting a bid electronically, the bidder certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds. Where the bidder is unable to certify to any of the statements in this certification, the bidder shall attach an explanation to their bid.

A.6. CERTIFICATION OF NON-DISCRIMINATION

The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State agency, department, or institution, provide a statement of non-discrimination. By submitting their bid, the bidder certifies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin or disability.

A.7. RESTRICTION OF BOYCOTT OF ISRAEL

For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder certifies and agrees that the following information is correct:

The bidder in preparing its response in considering bids submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid submitted by the bidder on this project and terminate any contract awarded based on the bid. The successful bidder further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

A.8. NON-RESIDENT BIDDER PREFERENCE CERTIFICATION

A.8.1. By submitting a bid, bidders whose principal place of business is located outside the borders of South

Dakota certify that the bidder's home country, state, or province does not provide a preference for resident bidders.

A.8.2. If the bidder's home country, state, or province does provide a preference for resident bidders, the bidder shall provide a statement with their bid explaining the nature and extent of that preference. If the bid is submitted electronically, the bidder may provide the statement as a document attachment or by using the “Response Notes” section of the online bid system.

A.8.3. If a bidder submits a bid that falsely certifies that the bidder's home country, state, or province does not enforce a preference for resident bidders or that any preference is less than it actually is and if the false certification results in the bidder being awarded the contract, the contract will be canceled immediately and the State may award a contract to the next low responsive and responsible bidder.

A.9. ASSIGNMENT OF ANTITRUST CLAIMS

By submitting a response to this solicitation, the bidder agrees to convey, assign and transfer to the State of South Dakota all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States, 15 U.S.C.A. §1, et seq. (1973), and under the antitrust laws of the State of South Dakota, SDCL 37-1, and amendments thereto, relating to the particular goods, services and materials purchased by the State of South Dakota in connection with this bid.

A.10. BID OPENING

A.10.1. Sealed bids shall be opened at the Office of Procurement Management Office, Foss Building, 523 E.

Capitol Avenue, Third Floor, Pierre, South Dakota, 57501 at the bid opening date and time specified in the solicitation. Bidders and the public are invited, but not required, to attend the formal opening of bids.

A.10.2. No decisions related to an award of a contract will be made at the opening. Purchasing Specialists will not communicate bid prices after the opening in response to a telephone request. After an award has been made the bid tabulation will be available to registered bidders through the e-procurement system. A copy of the bid tabulation will be sent to any bidder who requests it and who provides a fax number or email address or self-addressed, stamped envelope.

A.11. BIDS SUBJECT TO PUBLIC DISCLOSURE

Unless otherwise specified in SDCL 1-27, SDCL 5-18, or other applicable law, documents and information a bidder submits as part of or in connection with a bid are public records and subject to disclosure. Bidders claiming any portion of their bid as proprietary or confidential must specifically identify what documents or portions of documents they consider confidential and identify applicable law supporting their claim of confidentiality. The State Procurement Director shall make the final decision as to whether the documentation or information is confidential.

A.12. LATE BIDS

Bids received after the response due date and time shall be deemed non-responsive and shall NOT be considered for any resultant award.

A.13. LEGAL CONTRACT

A.13.1. Submitted bids are rendered as a legal offer and any bid, when accepted by the Office of Procurement Management, shall constitute a contract.

A.13.2. The Contract resulting from this solicitation will consist of the following documents in order of preference:

Contract award documents, including but not limited to the Purchase Order, Contract Modifications, required certification statements, affidavits, and change orders; the solicitation including any amendments; and the successful bid to the extent that the bid does not conflict with the requirements of the Contract award documents or solicitation or applicable law. In the event there is a conflict between any of the preceding documents, the Contract award documents prevail over the solicitation, and both the Contract award documents and the solicitation shall prevail over the successful bid.

A.14. PRICING

A.14.1. Bids shall remain firm for a minimum of thirty (30) days from the solicitation closing date.

A.14.2. Bidders guarantee unit prices to be correct.

A.15. MANUFACTURERS’ NAME, BRAND NAME AND APPROVED EQUIVALENTS

A.15.1. Unless otherwise specified in the solicitation, manufacturers’ names, brand names, information and/or catalog numbers listed in a specification are for the purpose of describing the standard of quality, performance, and characteristics desired and not intended to limit competition. Bidder may offer any brand for which they are an authorized representative, which meets or exceeds the specification for any item(s). However, if bids are based on equivalent products, indicate on the bid form the manufacturer’s name and number. Bidder shall submit sketches, descriptive literature, and/or complete specifications with their bid. Reference to literature submitted with a previous bid will not satisfy this provision. The bidder shall also explain in detail the reason(s) why the proposed equivalent will meet the specifications and not be considered an exception thereto. Bids that do not comply with these requirements are subject to rejection. The State reserves the right to determine which products offered would best meet its requirements. Said determination will be made in the State's best interest and shall, therefore, be considered final.

A.16. CLARIFICATION OF SOLICITATION REQUIREMENTS

Any request for clarification of the contents of this solicitation shall be directed to the Office of Procurement Management Purchasing Specialist specified in the Special Provisions section of the solicitation. Bidders or their agents may not contact any other state employee regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Bidders and their agents who have questions regarding this matter should contact the Purchasing Specialist identified.

A.17. REJECTION OF BIDS

The State reserves the right to reject any bids that do not comply with the requirements and specifications of the solicitation. A bid may be rejected when the bidder imposes terms or conditions that would modify requirements of the solicitation or limit the bidder’s liability to the State. The State reserves the right to reject any or all bids as deemed to be in the best interest of the State of South Dakota.

A.18. USE OF RECYCLED OR BIOBASED MATERIALS

A.18.1. The Office of Procurement Management will endeavor to execute contracts with bidders who provide products containing biobased or recycled postconsumer materials defined as follows:

A.18.1.1. "BIOBASED," composed wholly or in significant part of biological products including renewable agricultural materials or forestry materials;

A.18.1.2. "RECYCLED," the quality of being manufactured from or consisting of, in whole or part, materials derived from solid waste;

A.18.1.3. "POSTCONSUMER MATERIAL,” products generated by a business or consumer that have served their intended end uses and that have been separated or diverted from solid waste for purpose of collection, recycling and disposition;

A.18.1.4. "RECOVERED MATERIAL," material which is recovered or derived from solid waste.

A.18.2. South Dakota law provides that a preference may be given to materials and supplies manufactured from recycled or biobased materials. This preference is applicable only if the bids of the persons or manufacturing concerns supplying the recycled or biobased materials, or the prices quoted by them, do not exceed by more than five percent the lowest bid or prices quoted by persons and manufacturing concerns offering non-recycled or non-biobased materials.

A.18.3. By signing and submitting a paper bid or submitting a bid electronically, the bidder certifies that the product(s) being offered comply with the specifications of this Solicitation and the percentages of postconsumer material and recovered material stated in the bid.

A.18.4. If you are bidding products with recycled content, and wish to be considered for preference, you must provide a statement with your bid requesting preference and documenting the recycled content, including the percentage of postconsumer and recovered material contained in each applicable line item.

A.18.5. If you are bidding biobased products, and wish to be considered for preference, you must provide documentation of certification under the USDA Biopreferred Program, or provide other documentation as evidence that the product being offered meets the definition for biobased products.

A.19. AWARD OF CONTRACT

A.19.1. The State may waive technical irregularities in bid of the low bidder as long as such irregularities do not alter the price, quality, or quantity of the supplies or services offered.

A.19.2. The State may award the contract(s) by item or groups of items, or may award the contract on an “all or none” basis, whichever is deemed by the State Procurement Director to be in the best interest of the State of South Dakota.

A.19.3. The contract shall be awarded within forty-five days of the bid opening by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids.

A.19.4. The successful bidder shall enter into a contract with the state within fourteen days after receiving notice of award, on such forms as shall be provided, to furnish the required supplies or services in accordance with the solicitation and specifications or in accordance with the bid or proposal as accepted.

A.20. CORPORATE REGISTRATION REQUIREMENTS AND COMPLIANCE CERTIFICATION

A.20.1. All corporations, limited liability companies, limited liability partnerships, limited partnerships, cooperatives and business trusts, must comply with the corporate registration requirements of the South Dakota Secretary of State as outlined in SDCL Chapter 47, before transacting any business in the State of South Dakota. Forms for business corporations, limited liability companies, non-profit corporations, limited liability partnerships, limited partnerships, cooperatives, and business trusts are available at the Secretary of State's website at http://www.sdsos.gov/busineservices/corporations_forms.shtm.

A.20.2. By submitting a bid, any vendor interested in doing business with the State of South Dakota as a result of this solicitation certifies that they are currently registered, or will be registered with the Secretary of State before any contract is awarded.

A.20.3. Any vendor that cannot certify registration with the Secretary of State, and is claiming exemption from the registration requirement, must provide a statement with their bid providing specific details supporting the exemption the vendor is claiming. Exemptions to the corporate registration requirement can be found in SDCL 47-1A-1501.

A.20.4. It is the bidder’s responsibility to determine what they must do to comply with this requirement through consultation with their own legal counsel. SDOPM personnel may not give any advice or assistance to bidders for making a determination of exemption from the corporate requirements.

A.21. CONTRACT MODIFICATIONS

A.21.1. Contracts are issued under the authority of the State Procurement Director who signs the contract(s). The contract(s) may be modified only through a written contract modification signed by the State Procurement Director.

A.21.2. Any change to the Contract, including the addition of work or materials, the revision of payment terms, or the substitution of work or materials, directed by a person who is not specifically authorized by the Office of Procurement Management in writing, or made unilaterally by a supplier, is a breach of the contract.

Unless otherwise specified by applicable law or rules, such changes, including unauthorized written contract modifications, shall be void and without effect, and the supplier shall not be entitled to any claim under the contract based on those changes. No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in the contract.

A.22. DELIVERY, INSPECTION AND ACCEPTANCE

A.22.1. Unless otherwise specified in the solicitation or awarding documents, all deliveries shall be F.O.B.

Destination. The bidder(s) awarded the contract(s) shall prepay all packaging, handling, shipping and delivery charges and firm prices quoted in the bid shall include all such charges. All products and/or services to be delivered pursuant to the contract(s) shall be subject to final inspection and acceptance by the State at destination. “Destination” shall mean delivered to the receiving dock or other point specified http://www.sdsos.gov/busineservices/corporations_forms.shtm in the purchase order. The State assumes no responsibility for goods until accepted by the State at the receiving point in good condition. Title and risk of loss or damage to all items shall be the responsibility of the supplier until accepted by the receiving agency. The supplier(s) awarded the contract(s) shall be responsible for filing, processing, and collecting any and all damage claims accruing prior to acceptance.

A.22.2. Supplier(s) awarded the contract(s) shall be required to deliver products and services as bid, during normal working hours, on or before the required date. Deviations, substitutions or changes in products and services shall not be made unless expressly authorized in writing by the Office of Procurement Management. Deliveries shall be made at such time, place and in such quantities as shown on the Purchase Order. All items in common usage are to be shipped within thirty (30) days from the date of the purchase order. An additional ten (10) days will be allowed for back-ordered items when the suppliers gives written notification to the ordering agency that the items are not available for immediate delivery.

A.23. INVOICING AND PAYMENT

A.23.1. Unless otherwise specified, invoices will be paid after products have been delivered or services provided.

A.23.2. The State will make payments to the contract, and interest on late payments will be governed by South

Dakota Codified Law 5-26, “Prompt Payment Act”.

A.24. TAX EXEMPTION

A.24.1. State agency acquisitions are exempt from sales taxes and federal excise taxes. Bidders shall not include these taxes in price quotes, except that State taxes will be included in bids for gasoline.

A.25. AUDIT AND RECORDS CLAUSE

A.25.1. As used in this clause, “records” includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. In accepting any contract with the State, the successful bidder(s) agree any pertinent State or Federal agency will have the right to examine and audit all records relevant to execution and performance of the resultant contract.

A.25.2. The successful bidder awarded the contract is required to retain records relative to the contract for the duration of the contract and for a period of three years following completion and/or termination of the contract. If an audit, litigation, or other action involving such records is started before the end of the three year period, the records are required to be maintained for three years from the date that all issues arising out of the action are resolved, or until the end of the three year retention period, whichever is later.

A.26. NON-APPROPRIATION CLAUSE

Any contract depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for the intended purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, the contract will be terminated by the State. Termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State.

A.27. GOVERNING LAW AND VENUE

This solicitation and any resulting contract shall be governed by and construed in accordance with the laws of the State of South Dakota. Venue for any action, claim, dispute or litigation pertaining to or affecting any contract shall be in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

A.28. TERMINATION FOR CAUSE

A.28.1. The supplier may terminate the Contract for default or other just cause with a 30-day written request and upon written approval from the SDOPM. The State may terminate the Contract for default or any other just cause upon a 30-day written notification to the supplier.

A.28.2. The State may terminate the Contract immediately, without a 30-day written notice to the supplier, when violations are found to be an impediment to the function of an agency and detrimental to its cause, when conditions preclude the 30-day notice, or when the State Procurement Director determines that an administrative error occurred prior to Contract performance.

A.28.3. If the Contract is terminated, the State shall be liable only for payment for products and/or services delivered and accepted.

A.29. TERMINATION FOR CONVENIENCE

A.29.1. The State may terminate the Contract, in whole or in part, for convenience if the State Procurement Director determines that termination is in the State’s best interest. The State Procurement Director shall terminate the Contract by delivering to the supplier a Notice of Termination for Convenience specifying the terms and effective date of Contract termination. The Contract termination date shall be a minimum of 60 days from the date the Notice of Termination for Convenience is issued by the State Procurement Director.

A.29.2. If the Contract is terminated, the State shall be liable only for products and/or services delivered and accepted, and for costs and expenses (exclusive of profit) reasonably incurred prior to the date upon which the Notice of Termination for Convenience was received by the supplier.

A.30. INSURANCE

The successful bidder(s) awarded the contract shall obtain and retain insurance, including workers’ compensation, automobile insurance, medical malpractice, and general liability, as applicable, or as required by State or Federal law, prior to commencement of any work in connection with the contract. The supplier awarded the contract shall timely renew the policies to be carried pursuant to this section throughout the term of the contract and shall provide the State with certificates of insurance, and, when requested, the insurance policy involved.

A.31. EMPLOYMENT RELATIONSHIP

The Contract does not create an employment relationship. Individuals performing services required by the contract are not employees of the State of South Dakota or the procuring agency. The supplier’s employees shall not be considered employees of the State of South Dakota nor of the procuring agency for any purpose, and accordingly shall not be eligible for rights or benefits accruing to state employees.

A.32. COMPLIANCE WITH APPLICABLE LAWS

The products and services supplied under the contract shall comply with all applicable federal, state and local laws, and the supplier shall maintain all applicable licenses and permit requirements.

A.33. SPECIAL PROVISIONS

Special Provisions set forth in SECTION B apply with the same force and effect as these General Provisions.

However, conflicts or inconsistencies shall be resolved in favor of the Special Provisions.

B. SPECIAL PROVISIONS

B.1. PURCHASING SPECIALIST CONTACT INFORMATION

The SDOPM Purchasing Specialist listed below is the contact for all questions related to this solicitation.

Missy Schuetzle, Purchasing Specialist Office of Procurement Management Email: Missy.Schuetzle@state.sd.us Phone: 605-773-4277 Fax: 605-773-4840

B.2. CONTRACT TERM

B.2.1. The contract(s) resulting from this solicitation will be for a period of one (1) year, from October 12, 2026 through October 11, 2027.

B.2.2. The State shall have the option, at the State’s sole discretion, to extend the contract(s) resulting from this

Solicitation for an additional two (2) months past the original contract expiration date.

B.2.3. The State may renew this contract for up to four (4) additional one (1) year periods. Notice shall be given by the State to the vendor at least 60 days prior to the termination of the contract, and the vendor shall agree to such extension within 30 days thereafter, before such extension period shall become effective.

B.3. PRICING/ESCALATOR CLAUSE

B.3.1. All prices quoted by the bidder shall be firm for the term of the contract.

B.3.2. Price decreases are acceptable on invoice(s) presented for payment. If the open market price of a specific contract item is under the vendor's price, the State reserves the right to purchase the lower priced product.

B.4. CATALOG BID

B.4.1. The State of South Dakota converts bids submitted through our E-Procurement System, hosted by ESM Solutions, into online contract catalogs. If the successful bidder has submitted their bid online, the State can convert the award to an electronic catalog through the system.

B.4.2. If the successful vendor has not submitted their bid through the State’s E-Procurement System, the vendor will be required to:

B.4.2.1. Place all items awarded on this bid into a vendor hosted online catalog which the State of South

Dakota will then make available to its agencies to purchase directly from the selected vendor utilizing ESM Solutions. (punchout);

B.4.2.2. Submit an Excel spreadsheet to the State of South Dakota which will include the required item information for conversion to an electronic catalog through the State’s E-Procurement System.

The Excel spreadsheet will be provided to the vendor by the State in the required format. The successful vendor must cooperate with the State and ESM Solutions. to complete conversion of the vendor’s awarded items to an electronic catalog; or

B.4.2.3. Submit a follow-up electronic response through the State’s E-Procurement System providing pricing as submitted on the paper bid. The vendor must submit the required information as instructed or they will be considered non-responsive.

B.4.2.4. The vendor is responsible for any costs related to conversion of the awarded items to an electronic catalog in either B.6.2.1 or B.6.2.2. There are no costs associated with the submission under B.6.2.3.

mailto:Missy.Schuetzle@state.sd.us

B.5. QUANTITY ESTIMATES

Estimated quantities are informational and not to be construed as a warranty of accuracy of historical or anticipated volumes or a guarantee to purchase any amount.

B.6. STATE PURCHASING CARD

The bidder shall accept the South Dakota Purchasing Card as a method of payment for items on the contract(s) resulting from this solicitation. Bidders unable to accept a credit card as payment must indicate such on their bid.

C. SOLICITATION SPECIFICATIONS

Specifications for specific line items are located in the line item notes, or as file attachments on the line item. For bidders submitting paper bids, any line item specification attachments will be attached to the bid form in line item order.

D. BID PROCEDURES

Electronic Bids:

Electronic bids will be accepted. Bids that are submitted by the electronic system need to enter their cost and include all technical documentation. The technical proposal and brochures can be uploaded with the electronic bid or it may be mailed and should be received by the opening date and time.

Sealed Bids:

Sealed bids will be accepted and must be submitted to the Office of Procurement Management by July 7, 2021 at 2:00 p.m. Central Time. Bidders shall submit (2) two copies of your response to the bid proposal.

The Technical Proposal must include all technical specifications detailed next to the required specifications in the Technical Proposal section of each item, along with the make and model for each individual multifunction device bid.

Documentation of brochures or any materials necessary to support the Technical Proposal must be provided with the required minimum specifications highlighted.

If your company uses different terminology than we have stated in the minimum specifications, please provide on a separate sheet of paper, your definition of your term that differs from ours and how it meets our specification.

The Cost Proposal shall include:

1) Rental Price

2) Maintenance Price

3) Accessory Options

Technical Evaluation Committee

The Technical Evaluation Committee will be comprised of State personnel in the areas of:

Bureau of Information and Telecommunications Procurement Management

E. AWARD OF CONTRACT

The State may waive technical irregularities in bid of the low bidder as long as such irregularities do not alter the price, quality, or quantity of the supplies or services offered.

An award shall be made to the responsible offeror(s) whose proposal conforms to the solicitation and is determined in writing to be the most advantageous to the purchasing agency taking into considerations price and the evaluation factors set forth in the request for proposals.

The State may award contract(s) by item or groups of items, an “all or none” basis, or multiple awards for the same line item, whichever is deemed by the State Procurement Director to be in the best interest of the State.

Should more than one vendor submit the same manufactured product, the vendor, with the lowest life cycle cost, will be reviewed for a potential award.

The contract shall be awarded within forty-five (45) days of the bid opening by written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. This is all contingent on the evaluation of the equipment being done in a timely manner.

Awarded vendors will attend a Pre-Contract Performance Meeting if one is scheduled; time and date will be decided after award. This meeting will outline the process that is required for the vendors to perform successfully during the term of the contract.

F. EVALUATION

It is the State's intent to conduct a comprehensive, fair, and impartial evaluation of proposals received in response to the procurement effort.

The evaluation will be conducted in four phases:

Phase 1 - Evaluation of Cost Proposals

Phase 2 - Evaluation of Technical Proposals

Phase 3 - Testing of equipment by the Bureau of Information and Telecommunications

Phase 4 - Selection by State

Phase 1 - Evaluation of Cost Proposal

The Evaluation Committee will examine each eligible Cost Proposal to determine if it is complete, in compliance with the requirements of this solicitation, accurate in its calculation, and consistent with its technical counterpart. Any Cost Proposal in which there are significant inadequacies may be rejected.

Phase 2 - Evaluations of Technical Specifications

The purpose of this phase is to determine if the units with the best cost proposals have Technical Proposals that are sufficiently responsive to the solicitation to permit a complete evaluation.

Phase 3 - Evaluation of equipment by the Bureau of Information and Telecommunications

Once Phase 1 and Phase 2 have been completed the Bidders with multifunction devices proposed for award will be contacted to bring in their multifunction devices for evaluation. Bidders will have three (3) days to schedule a time with BIT Standards after receiving the notice for evaluation. The scheduled appointment to bring in equipment must be within thirty (30) days of the notice for evaluation. Evaluations will be conducted to make sure equipment meets required specifications.

If requested during the evaluation process, Bidders agree to provide an evaluation multifunction device (the exact machine being bid with all additional features) for examination by BIT Standards employees. Bidders will be notified if an evaluation multifunction device is required. The multifunction device must be available at the scheduled evaluation appointment. If for any reason something does not work as bid, the Bidder will have two weeks from the scheduled appointment to correct the problem.

All accessory options need to be tested during this time. If an accessory has not been tested by BIT Standards, the awarded vendor will not be allowed to sell the accessory to the state during the term of the contract until it has been tested and approved by BIT Standards.

Listed below is a list of items you will need to provide during the testing of the equipment:

1. All hardware and software that is required for operating the machine.

2. Accessory Options (items that will be on the contract)

DOCUMENTS REQUIRED TO BE SUBMITTED WITH THIS BID

1. Cover Page

2. Technical Proposal of Items I-IV (Use only Items you are bidding)

3. Cost Proposal of Items I-IV Includes: supplemental information or accessory options in contract format (Use only Items you are bidding)

4. Brochures for each multifunction device that you are bidding included with the Technical Proposal

REMINDER – technical specification information needs to be highlighted for each specification.

Phase 4 - Selections by State

The Selection Committee will make the final selection of the winning bid, in accordance with the SDCL 5-18A.

Immediately after the selection is made, the Office of Procurement Management will notify the chosen bidder and request a signed contract. If all bids are rejected, bidders will be promptly notified.

Bidders shall submit complete specification data on items requested on the forms provided.

Failure to use the correct forms may cause your bid to be non-responsive.

The total amount of the purchase price of each multifunction device and service/supply costs for three (3) years will be used for comparing bids. Cost per copy will be based on a standard paper size of 8 ½” x 11”. The following number of copies in a three-year period for each item will be used in calculations of bid:

Item I: 2,000 x 36 months Item II: 5,000 x 36 months Item III: 15,000 x 36 months Item IV: 15,000 x 36 months Item V: Black/White 2,000 x 36 months

Color 3,000 x 36 months Item VI: Black/White 5,000 x 36 months

Color 6,000 x 36 months

G. OPTION TO EXTEND

The State is interested in possibly extending this contract for an additional year. It will all depend on how the first year of the contract functions, if service and billing from the vendor is positive and correct, if the vendors are willing to extend and Bureau of Information and Telecommunications South Dakota State Network Configurations remain the same and or does not affect the functionality of the multifunction devices.

The State shall have the option, at the State’s sole discretion, to extend the contract(s) resulting from this Solicitation for an additional two (2) months past the original contract expiration date.

The State may renew this contract for up to four (4) additional one (1) year periods. Notice shall be given by the State to the vendor at least 60 days prior to the termination of the contract, and the vendor shall agree to such extension within 30 days thereafter, before such extension period shall become effective.

H. RENTED MULTIFUNCTION DEVICES FROM CURRENT CONTRACT

Listed below are the estimated numbers of multifunction devices that have been rented from October 12, 2019 through May 1, 2021.

RENTAL MULTIFUNCTION DEVICES QTY

20 Copy Per Minute 21 30 Copy Per Minute 19 40 Copy Per Minute 39 60 Copy Per Minute

RENTAL COLOR MULTIFUNCTION DEVICES

30 Copy Per Minute 40 Copy Per Minute

QTY

I. VENDOR REQUIREMENTS WHEN AWARDED A CONTRACT

Vendors employees will be required to sign a Waiver Liability Form and have a background check performed before multifunction devices can be installed, removed and or serviced in Department of Correction’s facilities.

RECORDS

To assist the State in its production planning, contractor shall maintain and furnish the State with the following records:

A. Contractor is required to establish a relational database or other sales tracking system from which to produce regular reports to the State.

For each purchase, the contractor will be able to report at least the following information:

- Date and time ordered

- Date and time shipped

- Location shipped

- Purchaser order number

- Device name and device identification number

- Serial number

- Agency name

The contractor shall provide, upon request, summary reports of the following:

- A summary of items purchased

- A breakdown, by State agency and by unit of local government, (i.e., county, school district), of the items purchased

- A report of backordered products

- A summary of reports time (from time of customer’s order placement to the time of shipment to customer)

- A summary of system units purchased as well as the most frequently purchased item

The State and contractor will mutually agree upon the report format.

B. Maintenance, service, and customer records

To enable the Office of Procurement Management to maintain quality control over products purchased by State entities, contractor shall maintain, and upon request provide to the Office of Procurement Management, complete records reporting all field engineering, maintenance and preventive maintenance, repair and service calls made to the State entities that have purchased the contractor’s products, as recorded, as well as any complaints received from these State entities regarding contractor’s products.

J. SOUTH DAKOTA STATE BUREAU OF INFORMATION & TELECOMMUNICATIONS REQUIREMENTS

• The State uses Windows server operating systems 2019 and 2025 with a primary protocol of TCP/IP.

• The network cabling consists of: Ethernet: 10 / 100 / 1000

• The printer must fully support 802.1x and all 802.1x EAP/TLS authentication standards.

• Hardware platform consists of PC compatible computers.

• Desktop and notebook operating systems include Windows version 11.

• Slate/convertible tablet device operating systems include Windows versions 11.

• Application software within State government consists primarily of Microsoft applications, various shrink-wrapped applications, in-house developed applications, applications published via Citrix Secure Gateway, and an approved document management suite.

• Each agency and individual department may have varying configuration information that should be gathered prior to implementing any networked unit.

Mandatory requirements for MFP devices used in South Dakota state agencies supported by the Bureau of Information and Telecommunications.

• Drivers MUST be Windows 11 64-bit compatible.

• Fully compliant with all functions of dynamic DHCP.

• TCP/IP hostname must be able to be registered automatically through DHCP to DNS and must be able to be modifiable through the same process.

• Ability to disable all but TCP/IP protocols.

• Ability to connect and manage the unit from a remote workstation within a web browser.

• Must be compatible with Microsoft Standard IP Port printing protocol.

• Any “additional” networking must be able to be disabled (wireless, Bluetooth, IR, etc…)

• Must have a Universal Print Driver (UPD) driver.

• Must have PCL5 compatible driver.

• Device must not have any Android operating system installed on any component.

• Device must allow for multiple administrator accounts to be setup. The State’s security procedures require a separate admin account for the BIT technicians, the vendor technicians, and agency staff that may need to do reporting or address book maintenance. Having multiple administrator accounts should not change the basic functionality of the multifunction devices or require extra login procedures to use basic multifunction devices functions.

• Device must allow account tracking be setup on the server queue. This setup should allow for a pop-up box when the end-user uses the device so that the end-user can type in the appropriate billing code. The server queue should NOT be limited to using a single billing code.

• The printer should be able to function using ONE printer profile share. Meaning that profile (printer share) should be able to print from any tray, any multiple purpose tray without intervention from the user at the printer or having to create multiple different printer shares. Usage of any manual feed or printer bypass trays must be able to accept the appropriate paper type without creating separate printer profile configurations.

• The scan functionality must be able to scan to email without the use of any additional software applications.

Additional applications that perform image management/image storage functionality will not be approved as the state has already selected a document imaging standard software.

• The fax portion of the MFP device should be installable as a queue only on a server. No additional software should be necessary for the fax queue. If shared address book software is available, it must be able to be installed on a shared network drive – not on the server or on individual workstations.

• The vendor must provide products that earn the ENERGY STAR and meet the ENERGY STAR specifications for energy efficiency. The vendor is encouraged to visit energystar.gov for complete product specifications and updated lists of qualifying products. RoHS and EPEAT compliant are optional.

• The vendor must provide firmware updates for the unit at no cost to the State. When a firmware update is released, the vendor has 60 days to install the firmware upgrade on all State devices.

• The vendor shall allow the State to change the factory default administrative account password or allow the State to disable the factory default administrative account.

• Multifunction devices must have the ability backup the address book/user list/fax numbers so that this information can be uploaded to the new/replacement device.

K. TECHNICAL PROPOSAL

Awarded multifunction devices must meet the following criteria:

1. Should the multifunction device fail to operate satisfactorily, for any reason, it will be the responsibility of the vendor to like-for-like replace or otherwise make good said multifunction device in a timely manner at no additional cost to the state, until copying can be achieved in satisfactory manner. Repair, installation and/or de-installation costs incurred to meet this requirement will be the sole responsibility of the vendor. Should it occur that the vendor is unable to provide satisfactory service and/or a satisfactorily operating multifunction device, any contract(s) resulting from this bid will be declared null and void and the vendor will remove said multifunction device from State property, at which time rental and/or maintenance payment will no longer be made by or expected from the State.

2. Maintenance: Major alarm-machine is down and is not functioning; technician must be on site within (2) two hours of report of malfunction. Minor alarm-machine is still functioning, but there is minor maintenance needed, technician must be on site within (4) four hours of report of malfunction. If machine cannot be repaired within (8) eight hours a loner equal to or better than existing multifunction device must be supplied until return of the rented equipment in acceptable condition to the State.

3. Maintenance can be subcontracted, but sole responsibility remains with the vendor awarded the contract and continues even if the vendor no longer has a current contract

4. Vendor to provide name, address and telephone number of subcontractors used to provide maintenance.

5. Training shall be provided with each multifunction device installed. A (1) one-page quick reference guide to be provided.

6. Technical specifications required with bid.

7. Agency will not be allowed to remove standard specification accessories from the multifunction device.

8. Multifunction devices proposed must have as an available option, the ability to encrypt any information written to a multifunction device hard drive or any other data saving device, such as memory. Bidders will need to be able to do at least one of the selections listed below. The cost of the option(s) you choose will be added into the total cost of the bid. If you choose more than one option, each option cost will be added separately to the total bid cost. For example if you choose Option A and B the cost of A will be added to the total bid cost for one total bid cost and Option B will be added to the total bid cost for a separate total bid cost from option A. If the winning bidder provides two or more options, the agency will select which option they will have performed at the end of the product life. If the device can use secure DOD overwrite to clear the drive, neither A nor B will be required. BIT will, however, require that the multifunction device technician remove the drive and then have a state employee that is at the site where the device is being removed verify that the drive label states ”WIPE Technology HDD” as proof that the drive has been erased.

a. Contract Equipment must have technician removable hard drive(s) that include an obligation to leave the drive in the state’s possession at the time of termination. The Hard drive will not be returned to the contract vendor.

b. Contract Equipment must have technician removable hard drive(s) that…