O-86(5)_Event_18423_RFP_Attachments_Updated.pdf

ATTACHMENT A: RESPONDER DECLARATIONS

The undersigned certifies, to the best of his or her knowledge and belief, that:

A. Response Contents. The information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate or misleading information may be grounds for disqualification from the award as well as subject the Responder to suspension or debarment proceedings as well as other remedies available by law

B. Authorized Signature. This Declaration is signed by the appropriate person(s), with the authority to contractually bind the Responder, as required by applicable articles, bylaws, resolutions, minutes, and ordinances.

C. Non-Collusion Certification.

1. The Proposal has been arrived at by the Responder independently and has been submitted without collusion and without any agreement, understanding or planned common course of action with any other vendor designed to limit fair or open competition; and

2. The contents of the Response have not been communicated by the Responder or its employees or agents to any person not an employee or agent of the Responder and will not be communicated to any other individual prior to the due date and time of this Solicitation. Any evidence of collusion among Responders in any form designed to defeat competitive responses will be reported to the Minnesota Attorney General for investigation and appropriate action.

D. Organizational Conflicts of Interest. To the best of Responder’s knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest.

An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons,

1. a vendor is unable or potentially unable to render impartial assistance or advice to the State;

2. the vendor’s objectivity in performing the contract work is or might be otherwise impaired; or

3. the vendor has an unfair competitive advantage.

If after award, an organizational conflict of interest is discovered, an immediate and full disclosure in writing must be made to the State’s Chief Procurement Officer which must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the contract. In the event the Contractor was aware of an organizational conflict of interest prior to the award of the contract and did not disclose the conflict to OSP, the State may terminate the contract for default. Organizational conflicts of interest terms apply to any subcontractors for this work.

E. Certification Regarding Lobbying. For State of Minnesota Contracts and Grants over $100,000, the undersigned certifies, to the best of his or her knowledge and belief that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

F. Copyrighted Material Waiver. By signing its Response, the Responder certifies that it has obtained all necessary approvals for the reproduction and distribution of the contents of its response.

G. Diverse Spend Reporting. The Sample Contract contains a clause for Diverse Spend Reporting. When this clause applies, Contractor will be required to register in a free portal to report diverse spend.

Please see Diverse Spend Reporting Frequently Asked Questions for additional information.

By signing this form, Responder acknowledges and certifies compliance with all applicable requirements indicated above.

Company Name:

Signature:

Printed Name:

Title:

Date:

Phone Number:

Email Address:

https://osp.admin.mn.gov/sites/osp/files/2022-11/viva_diverse_spend_reporting_faq.pdf

ATTACHMENT B: EXCEPTIONS TO STATE’S TERMS AND CONDITIONS

The State presumes a responder agrees to the terms and conditions of this solicitation unless a responder takes specific exception to one or more of the conditions on this form.

The State reserves the right to reject, negotiate, or accept any exception listed to the State’s terms and conditions (including those found in the attached Sample Contract).

INSTRUCTIONS: A responder must explicitly list all exceptions to State’s terms and conditions, if any (including those found in the attached Sample Contract). Reference the clause number and page number of the State's term and condition for each of a responder’s exceptions. If no exceptions exist, state "NONE" specifically on the form below.

Whether or not exceptions are taken, the Responder must sign and date this form and submit it as part of their response. (Add additional pages if necessary.)

Clause and Page Number Suggested Change to Clause Explanation or Justification

By signing this form, I acknowledge that the above-named responder accepts, without qualification, all terms and conditions stated in this solicitation (including the sample contract) except those clearly outlined as exceptions above.

This acknowledgement includes acceptance of the section of the Sample Contract, Exhibit A, titled “Contractor’s Documents.”

Signature:

Printed Name:

Title:

Date:

ATTACHMENT C: COST DETAIL

1. Cost Proposal. Responders should review Exhibit D of the Sample Contract for additional pricing terms related to the Cost Proposal.

Responders must download and use the Exhibit D: Price Schedule attached to this Solicitation. The Price Schedule must be completed by the Responder and uploaded with the response. If pricing is not returned with your solicitation response, your response will be rejected. Failure to use the Price Schedule may be cause for rejection.

Responders are strongly encouraged to provide a price for all line items. The State reserves the right to reject responses that do not supply sufficient line items.

For any category listed in Exhibit D: Price Schedule for which the Responder is not submitting an offer, the Responder must enter "No Response," or "N/R" in the applicable line item.

For the purposes of evaluation, if a responder leaves blank or enters "No Bid" into a line item the State may enter the highest price received from all responders for that line item.

2. Pricing Instructions. Responders must fill out all categories within the three sections of the Exhibit D Price Schedule.

(Office Supplies, Copy Paper, Toner/Ink & Remans). Pricing will be Discount Off List Pricing.

2.1 Section 1- Office Supplies. This is a list of the requested office products grouped by category. Responders must fill in the Percentage Discount offered from the Vendor List Catalog and Wholesaler List Catalog for each category. Responder must also include the catalog name, catalog date and number, and/or catalog link. If the Responder has more than one catalog to offer use additional columns for each catalog.

2.1.1 If the Responder does not have a Vendor List Catalog, the Responder should enter the same offered discount in the Percentage Discount from Vendor List Catalog column as entered in the Percentage Discount from Wholesaler List Catalog column.

2.1.2 Responders may add rows to further break down the categories if needed, but may not add additional categories not listed within the price schedule.

2.2 Section 2 – Copy Paper. Copy paper in this section must be at least 30% PCW Recycled Content.

2.2.1 No Virgin Paper will be allowed for this contract.

2.2.2 This contract will be for the purchase of Single Reams of Copy Paper (maximum of 6 reams per order), and the purchase of cartons or pallets of copy paper will not be allowed on this contract.

2.3 Section 3 - Toner, Ink and Remans. This section has 4 line items for categories as follows:

2.3.1. Item 1: HP Brand Only – LaserJet Toner Cartridges

2.3.2 Item 2: HP Brand Only - Toner and Ink Cartridges, Fusers, Kits, Drums & Accessories

2.3.3 Item 3: All Other Brands - Toner and Ink Cartridges, Fusers, Kits, Drums & Accessories.

2.3.4 Item 4: Remanufactured and Bio-based Toner and Ink Cartridges.

2. Catalogs and Price Literature.

Responders must submit copies of all applicable catalogs, on-line catalog addresses, or price lists used for pricing purposes with their response. Do not submit marketing material with your response unless otherwise requested.

All price lists proposed must meet accessibility requirements per the Minnesota IT Services, Office of Accessibility website: https://mn.gov/mnit/programs/accessibility/

3. Alterations or Erasures. The State reserves the right to reject a response containing an alteration or erasure of any price used to determine the lowest responsible responder unless the alteration or erasure is done in a manner that https://mn.gov/mnit/programs/accessibility/ is clear and authenticated by an authorized representative of the Responder. An acceptable way to make an alteration or erasure is to cross out the price, print the correction in ink adjacent to it, and have an authorized representative of the Responder initial and date that correction.

ATTACHMENT D: RESPONDER FORMS Workforce and Equal Pay Declaration Page

This form is required for all businesses executing government contracts under the following:

Select one:

☒ Businesses executing a contract with State or Metropolitan agencies in excess of $100,000 (Workforce Certificate) and if applicable $500,000 (Equal Pay Certificate)

☐ Businesses executing a contract with University of Minnesota for general obligation bond funded capital projects in excess of $100,000 (Workforce Certificate) and if applicable $500,000 (Equal Pay Certificate)

☐ Businesses executing a contract with Political Subdivisions for general obligation bond funded capital projects in excess of $250,000 (Workforce Certificate) and if applicable $1,000,000 (Equal Pay Certificate)

Select all that apply:

We are a Certificate holder:

☐ Workforce Certificate under the name: _________________________________________________________ ☐ Equal Pay Certificate under the name: __________________________________________________________

We are applying/have applied for the following certificate(s):

☐ Workforce Certificate Application date (MM/DD/YYYY): ____________________ ☐ Equal Pay Certificate Application date (MM/DD/YYYY): ____________________

We have not applied for one or both certificates:

☐ Our Company does not yet have a Workforce Certificate or Equal Pay Certificate. We acknowledge that a

Workforce and, if applicable, Equal Pay Certificate, or approved exemption by MDHR is required before a contract can be executed.

We are Exempt:

☐ We attest to MDHR that we have not employed 40 or more employees on a single day during the prior 12 months in Minnesota or the state in where we have our primary place of business. MDHR may request the names of our employees during the previous 12 months, the date of separation, if applicable, and the current employment status and count.

Business Information Department of Administration

Vendor/Supplier ID Business Name Name of Contracting Agency

Authorized Signatory Name Title Date

Signature Email Phone

For assistance with this form, email the Minnesota Department of Human Rights Compliance.MDHR@state.mn.us https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/ https://mn.gov/mdhr/certificates/workforce-certificate/ https://mn.gov/mdhr/certificates/equalpay/

ATTACHMENT E: ADDITIONAL INFORMATION

1. Contractor’s Contact Information. Provide the contact information for the representative responsible for the management of the contract and the representative receiving purchase orders.

Vendor’s Legal Name

Address

Contact Person (Contract)

Contact Person Title

Email Address

Telephone Number

Contact Person (PO Order)

Contact Person Title

Email Address

Telephone Number

2. Prompt Pay Discount. What prompt pay discounts do you offer?

□ 1% in 30

□ 2% in 30

□ 3% in 30

□ 1% in 10, Net 30

□ 2% in 10, Net 30

□ 3% in 10, Net 30

□ 5% in 10, Net 30

□ 1% in 15, Net 30

□ 2% in 15, Net 30

□ 3% in 15, Net 30

□ 1% in 20, Net 30

□ 2% in 20, Net 30

□ 3% in 20, Net 30

□ Net 30

3. Delivery Time Frame. Responder should enter a delivery time frame after receipt of order (ARO) in the space below.

______ Calendar Days ARO

4. Incentive Programs. Responder should provide any incentive, rebates, credits, and/or volume discount programs below. The Responder should include any additional documentation, schedules, or supporting materials necessary to fully explain the terms and conditions of each program. Additional pages may be attached as needed.

Program Name Program Description

5. Our Company understands that all categories and discounts submitted in their Exhibit D: Price Schedule will be available to all State Agencies and CPV members statewide.

☐ YES ☐ NO

6. Our company has the Punch-Out Catalog system capability and can meet the requirements specified in the Sample

Contract and Exhibits, Exhibit C: Specifications, Duties and Scope of Work, Item 3. Punch-Out Catalog Solution and Exhibit C, Supplement 1: Punch-Out Catalog Solution.

☐ YES ☐ NO

7. Our Company understands that Alternate Products will not be shipped without prior approval by the State, and that the use of Alternate Products as a business practice will not be accepted by the State and may result in the Contract being canceled.

☐ YES ☐ NO

8. Our Company understands that if an Alternate Product is not accepted by the State as an Approved Equal, our

Company will be required to substitute a product that can be accepted by the State as an Approved Equal at the same or reduced cost as the product submitted in the original order based on that item’s price on the proposed Price List.

☐ YES ☐ NO

9. Our Company understands that Unapproved Substitutions will not be accepted and may result in cancellation of the Contract, and that for the purposes of the Contract Unapproved Substitutions shall be defined as: The act of replacing any item with an alternate item via use of software or other method, resulting in the substitution of said item on a given order without the prior written consent of the State.

10. Our Company will not require a minimum order under any circumstance for orders on this Contract.

11. Our Company understands and will comply with the Contract Vendors Representations and Warranties as specified in the Sample Contract and Exhibits, Exhibit C: Specifications, Duties and Scope of Work, Item 2.5. Contractor Representations and Warranties.

12. Our Company understands the following Freight Requirements as required in the Sample Contract and Exhibits, Exhibit C: Specifications, Duties and Scope of Work, Item 2.4.3. Freight Policy.

13. Our Company understands the shipping, labeling and packing slip requirements as outlined in the Sample Contract and Exhibits, Exhibit C: Specifications, Duties and Scope of Work, Item 2.4.2. Shipping.

14. Our Company will have Customer Service Representatives staffed to provide answers to questions and problem resolution at a minimum 8:00AM-4:30PM Central Time, Monday through Friday, except State Holidays.

15. Our Company will be able to comply with the reporting requirements of the Contract as detailed in the Sample Contract and Exhibits, Exhibit C: Specifications, Duties and Scope of Work, Item 2.2.3. Reports and Reporting.

16. Our Company understands it must retain an order Fill-Rate of 98% and in the event that our Company’s order Fill- Rate drops below 98% for (3) three consecutive months and cannot be improved through a corrective action plan the State reserves the right to terminate the Contract.

☐ YES ☐ NO

17. Our company has read, understands, and comply to all requirements outlined in the Scope of Work in Exhibit C of the Sample Contract and Exhibits.

☐ I understand that if I answer “No” to any of the above requirements, my response may be rejected.

COMPANY NAME: ___________________________________________________________________________________

NAME OF INDIVIDUAL COMPLETING THIS FORM: _________________________________________________________

ATTACHMENT F: PUNCH-OUT CATALOG SOLUTION

Responder must review item 3. Punch-out Catalog Solution under the Exhibit C: Specifications, Duties, and Scope of Work of the Sample Contract and Exhibits and Exhibit C, Supplement 1: Punch-Out Catalog Solution. Enter your responses in the spaces provided below. If you have catalogs, brochures, or marketing materials to support the questions below, label the document(s) as Attachment F - #1, Attachment F - #2, etc. to coincide with the applicable questions.

1. Does your organization have an eCommerce Website?

2. Can you provide Punch-Out catalog functionality?

2.1. If YES, describe in full detail your company’s Punch-Out Catalog Capability.

2.2. If YES, describe what system your company currently uses now, and how.

2.3. If NO, provide a detailed plan of how you will provide Punch-Out Catalog Capability.

2.4. If NO, provide in detail your company’s plan to meet the desired timeline called for in the solicitation.

3. Can your Organization support punchout in the form of cXML?

4. Does your Organization currently have live Punch-Out functionality?

4.1. If YES, is it with a client who has Peoplesoft Application?

5. During a Punch-Out session, can your punchout site display only contract specific items and prices?

6. What accessibility standards does you punchout website meet?

7. Can you provide UNSPSC specific category codes for your items?

8. Can you meet the timeline requirement of establishing the Punch-Out Catalog System within 60 Days of the contract being fully executed?

Molly Gunderson Highlight

ATTACHMENT G: PRODUCT AND OPERATIONAL REQUIREMENTS

Responders must review Item 2. Product and Operational Requirements, contained in Exhibit C of the Sample Contract and Exhibits and provide a detailed description of their ability to meet each requirement.

Provided responses should describe the Responder’s current operational capabilities and resources that support compliance with these requirements, including, but not limited to, supply chain management, inventory and warehousing capacity, order fulfillment processes, delivery methods, staffing levels, technology systems, order processing capacity, quality assurance measures, and other relevant operational components.

The Responder should also describe its capacity to scale operations to meet changes in demand and identify any additional capabilities, contingency plans, or resources that will support its ongoing ability to satisfy the requirements throughout the term of the Contract.

Responses shall follow the sequence and structure of Item 2. Product and Operational Requirements, contained in Exhibit C of the Sample Contract and Exhibits and address each requirement individually. The Responder may submit supplemental documentation to support its response. If supplemental documentation is provided, the narrative response in Attachment G should serve as an overview document and include specific references to the applicable supporting materials for each requirement. Alternatively, supporting documentation may be incorporated directly into the corresponding sections of Attachment G.

All supplemental materials submitted in support of Attachment G should be clearly labeled and organized to correspond with the applicable requirement(s).

Enter your response in the space provided below. Additional pages may be attached as necessary.

ATTACHMENT H: SUSTAINABILITY PROGRAMS

The Responder shall review Section 4, Sustainability Programs, contained in Exhibit C of the Sample Contract and Exhibits and provide a detailed description of its ability to meet each requirement.

The response should describe the Responder’s current sustainability initiatives, programs, policies, practices, and resources that support compliance with these requirements. The Responder should address, at minimum, environmentally preferable product identification, EPP substitution processes, catalog indicators and filters, product visibility and search prioritization, remanufactured toner cartridges, packaging reduction and recyclability, end-of-life takeback or recycling programs, delivery fleet emissions, route optimization, sustainability reporting capabilities, product-level environmental data, certifications, and continuous improvement efforts..

The Responder should also describe sustainability capabilities that exceed the minimum Contract requirements, including but not limited to enhanced catalog functionality, product-level environmental attribute data, sustainable spend dashboards, default EPP sorting, product comparison tools, reduced-packaging programs, reusable delivery systems, low- or zero-emission delivery options, expanded takeback programs, supplier sustainability standards, greenhouse gas reduction goals, and other measurable sustainability initiatives.

The Responder may submit supplemental documentation to support its response, including sustainability reports, certifications, policy documents, environmental performance data, supplier standards, case studies, or other relevant materials. If supplemental documentation is provided, the narrative response in Attachment H should serve as an overview document and include specific references to the applicable supporting materials for each requirement.

Alternatively, supporting documentation may be incorporated directly into the corresponding sections of Attachment G.

All supplemental materials submitted in support of Attachment H must be clearly labeled and organized to correspond with the applicable requirement(s).

Enter your response in the space provided below. Additional pages may be attached as necessary.

1. Exhibit C Requirement: 2.1.7 EPP Substitution Program

1.1 ☐ Currently Meets Requirements ☐ Partially Meets Requirements ☐ Cannot Currently Meet Requirements

1.2 Description Of Current Capabilities

1.3 Documentation or Evidence Provided

☐ Yes ☐ No

1.4 Limitations, Assumptions, or Implementation Timeline

1.5 Above-and-Beyond Capabilities

2. Exhibit C Requirement: 2.1.7.3 Catalog EPP indicators, filters, prompts, or comparisons

2.1 ☐ Currently Meets Requirements ☐ Partially Meets Requirements ☐ Cannot Currently Meet Requirements

2.2 Description Of Current Capabilities

2.3 Documentation or Evidence Provided

2.4 Limitations, Assumptions, or Implementation Timeline

2.5 Above-and-Beyond Capabilities

3. Exhibit C Requirement: 2.1.7.4 EPP product visibility/search prioritization

3.1 ☐ Currently Meets Requirements ☐ Partially Meets Requirements ☐ Cannot Currently Meet Requirements

3.2 Description Of Current Capabilities

3.3 Documentation or Evidence Provided

3.4 Limitations, Assumptions, or Implementation Timeline

3.5 Above-and-Beyond Capabilities

4. Exhibit C Requirement: 2.1.7.5 EPP Substitution and Sustainable Product Reporting

4.1 ☐ Currently Meets Requirements ☐ Partially Meets Requirements ☐ Cannot Currently Meet Requirements

4.2 Description Of Current Capabilities

4.3 Documentation or Evidence Provided

4.4 Limitations, Assumptions, or Implementation Timeline

4.5 Above-and-Beyond Capabilities

5. Exhibit C Requirement: 4.1 Remanufactured Toner Cartridge Program

5.1 ☐ Currently Meets Requirements ☐ Partially Meets Requirements ☐ Cannot Currently Meet Requirements

5.2 Description Of Current Capabilities

5.3 Documentation or Evidence Provided

5.4 Limitations, Assumptions, or Implementation Timeline

5.5 Above-and-Beyond Capabilities

6. Exhibit C Requirement: 4.2 Packaging

6.1 ☐ Currently Meets Requirements ☐ Partially Meets Requirements ☐ Cannot Currently Meet Requirements

6.2 Description Of Current Capabilities

6.3 Documentation or Evidence Provided

6.4 Limitations, Assumptions, or Implementation Timeline

6.5 Above-and-Beyond Capabilities

7. Exhibit C Requirement: 4.3 End-of-Life Recycling Practices

7.1 ☐ Currently Meets Requirements ☐ Partially Meets Requirements ☐ Cannot Currently Meet Requirements

7.2 Description Of Current Capabilities

7.3 Documentation or Evidence Provided

7.4 Limitations, Assumptions, or Implementation Timeline

7.5 Above-and-Beyond Capabilities

8. Exhibit C Requirement: 4.4 Delivery Vehicles

8.1 ☐ Currently Meets Requirements ☐ Partially Meets Requirements ☐ Cannot Currently Meet Requirements

8.2 Description Of Current Capabilities

8.3 Documentation or Evidence Provided

8.4 Limitations, Assumptions, or Implementation Timeline

8.5 Above-and-Beyond Capabilities

ATTACHMENT I: SAMPLE PACKING LABEL AND PACKING SLIP

Responders must submit, as Attachment I – Sample Packing Label and Packing Slip, examples of packing labels and packing slips that demonstrate compliance with the requirements set forth in Exhibit C, Specifications, Duties, and Scope of Work, Section 2.4.3. Shipping under the Sample Contract.

Submitted examples should clearly illustrate the information, format, and labeling standards that would be utilized under the resulting Contract. Responders may provide annotations or explanatory notes identifying how each sample meets the applicable requirements.

All submitted materials should be clearly labeled and organized to correspond with the requirements of Section 2.4.3.

Shipping.

ATTACHMENT J: SAMPLES OF CURRENT REPORTING CAPABILITIES

Responders must submit, as Attachment J – Samples of Current Reporting Capabilities, examples of reports or reporting tools that demonstrate compliance with the reporting requirements set forth in Exhibit C: Specifications, Duties, and Scope of Work of the Sample Contract.

Submitted examples should clearly illustrate the reporting formats, data elements, frequency, and capabilities that would be utilized under the resulting Contract. Responders may provide annotations or explanatory notes identifying how each sample meets the applicable reporting requirements.

Samples should include, where available, reports demonstrating environmental purchasing data, EPP substitutions, sustainable product spend, recycled-content paper purchases, toner and remanufactured toner purchases, toner cost savings, alternative green product comparisons, product-level environmental attributes, and agency-level or CPV-level reporting

All submitted materials should be clearly labeled and organized to correspond with the reporting requirements of Section 2.2.3 Reports and Reporting within Exhibit C: Specifications, Duties and Scope of Work under the Sample Contract.

6. Business Information