OFF50_RFR_7.14.21~1.docx

COMMONWEALTH OF MASSACHUSETTS

OPERATIONAL SERVICES DIVISION

Request for Response (RFR)

Document Title: Audio, Video, Multimedia Presentation Equipment, Supplies and Services

Agency Document Number: OFF50

COMMBUYS Bid#: BD-21-1080-OSD03-SRC01-63593

7/14/2021

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on www.COMMBUYS.com. Bidders are responsible for reviewing and complying with all Bid requirements. Bidders may contact the OSD Help Desk at COMMBUYS@mass.gov or at 1-888-MA-STATE for technical assistance with COMMBUYS. The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern time, as applicable, except on federal and state holidays.

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

Revision History

REQUEST FOR RESPONSE OFF50 Audio, Video, Multimedia Presentation Equipment and Supplies

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

REQUEST FOR RESPONSE OFF50 Audio, Video, Multimedia Presentation Equipment and Supplies

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

INTRODUCTION AND BID OVERVIEW

Summary Description of Procurement The Commonwealth of Massachusetts and the Audio, Video, Multimedia Equipment & Related Services Strategic Sourcing Team (SST) are soliciting Bidders for the acquisition of professional and/or consumer grade Audio, Video, Multimedia, Studio Production, Presentation, Photographic Equipment and Systems, Peripherals, Supplies, Accessories and Related Services. The resulting Contract will serve as the primary Statewide Contract used by Executive Agencies of the Commonwealth for the goods and services covered by the Contract. The resulting Contract will replace SWC OFF40. The Contract will also be available for use by other Eligible Entities.

Estimated Procurement Calendar

To register go to: https://attendee.gotowebinar.com/register/5991624105128782604

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

Course Title, Dates and Times Available:

Locate and Respond to Bids in COMMBUYS: July 22, 2021 10:00am to 11:30am

Online Webinar:

This interactive webcast provides instructions on several activities: Locating and responding to bids; Using the bid Q&A feature; Creating a quote response; Revising a Quote response. Access the webcast here.

Late bids will not be considered.

*See Appendix 2, " Instructions for Vendors Responding to Bids Electronically through COMMBUYS " for instructions on how to register for live webinar and additional trainings that may be helpful to prospective bidders.

Visit https://www.mass.gov/service-details/vendor-training-courses for additional Instructor-Led Training and Webinar dates.

Times are Eastern Time (US), as displayed on the COMMBUYS system clock after logging in. If there is a conflict between the dates in this Procurement Calendar and dates in the Bid’s Header, the dates in the Bid’s Header on COMMBUYS shall prevail. Bidders are responsible for checking the Bid record, including Bid Q & A, on COMMBUYS for Procurement Calendar updates.

Submission of Bid Questions The “Bid Q & A” function in COMMBUYS allows Bidders to ask written questions and receive written answers regarding this Bid. To locate the Bid Q & A, log into COMMBUYS, locate the Bid, acknowledge receipt of the Bid, and scroll down to the bottom of the Bid Header page. The “Bid Q & A” button allows Bidders access to the Bid Q & A page.

All questions must be submitted through the Bid Q & A page. Questions must be asked prior to the Deadline stated in the Estimated Procurement Calendar. The Strategic Sourcing Team (SST) reserves the right not to respond to late questions. Bidders are responsible for verifying that their questions are recorded in COMMBUYS and appear on the Bid Q & A page.

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

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

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

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

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

Pre-bid Conference The Pre-bid Conference is a web or telephone conference conducted by the SST for the purpose of informing prospective Bidders about general Bid information and answering questions from prospective Bidders. Please refer to the Pre-bid Conference section of the Header Information for this Bid in COMMBUYS for any updated information, including the location, time and date of the Bidders’ Conference.

Late Bids will not be Considered Bid responses must be received in full by the bid opening date and time shown on COMMBUYS ("Bid Opening Date/Time", i.e., the Deadline for Quotes/Bid Responses). Proposals received after the deadline will be ineligible for consideration and deemed non-responsive. Each bidder/offeror must submit all required bid response forms electronically through COMMBUYS. When submitting a quote electronically through COMMBUYS, please allow sufficient time to complete any online forms and upload documents. If you are in the middle of uploading your proposal when the deadline is reached, the system will stop the process and you will be unable to submit your Quote. It is recommended that Quotes be submitted as far in advance as possible before the deadline to allow time to obtain assistance from the OSD Help Desk if needed.

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

Additional Bid Information Anticipated Contract Duration:

The term of this Contract is five (5) years with no options to renew.

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 one (1) year beyond the final termination date of this Statewide Contract. No new leases, rentals, maintenance, or other agreements for services may be executed after the Contract has expired. Any contractor entering new engagements with eligible entities after contract expiration will be subject to remedial measures, which may include but are not limited to mandatory point deduction for future bid submissions and suspension of other contracts with OSD.

Estimated Value of the Contract The estimated value of purchase(s) resulting from this Bid is in the amount of $63.7 million. The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders and are not to be relied upon as any indication of future purchase levels.

This Estimated Value was derived by reviewing Contractor sales reports to Commonwealth of Massachusetts eligible entities for FY2016 to FY2020.

Estimated Number of Awards The target maximum number of Contractors is sixteen (16). The SST may award more or fewer contracts, if it is in the best interests of the Commonwealth to do so.

The target maximum number of Contractors is sixteen (16); comprised of two statewide awards for Bidders providing “box sales” of products within the Scope of this RFR, two statewide awards for Bidders providing products and services (e.g., installation, maintenance, repair), and up to two awards per Region for Bidders wishing to service fewer than the five (5) Regions of the Commonwealth. This is a target number; the SST may award more or fewer, if it is in the best interests of the Commonwealth to do so.

Contract renewals will be offered at the sole discretion of OSD. At a minimum, offers to renew will be contingent upon satisfactory contractor performance, compliance with reporting requirements, and adequate sales volume.

Statewide and Regional Awards For the purposes of OFF50 the Commonwealth has been divided into five (5) regions (see below). Each region consists of multiple counties. To see a map of the regions please review Appendix 3 – Geographic Service Regions Map. To review individual municipalities located within each county please go to https://www.sec.state.ma.us/cis/cisctlist/ctlistcoun.htm.

Region 4 Bidders responding for Region 4 must include one or more additional region(s) as well. Bidders will not be awarded to service only Region 4.

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

Acquisition Method(s):

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

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

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

· Independent public authorities, commissions and quasi-public agencies;

· Local public libraries, public school districts and charter schools;

· Public hospitals owned by the Commonwealth;

· Public institutions of higher education;

· Public purchasing cooperatives;

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

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

· Other entities when designated in writing by the State Purchasing Agent.

Each eligible entity is responsible for executing its own purchase orders and paying its own invoices for goods and/or services acquired from this Contract. Contractors will be responsible for marketing their goods and/or services to Commonwealth Agencies and other eligible entities.

ADDITIONAL INFORMATION ON PROCUREMENT SCOPE

Procurement Exclusions The intent of this statewide contract will be to allow a means for eligible entities to procure the products and related services as listed in the categories. While some product overlap with existing statewide contracts is allowed (i.e., products bundled as part of a system purchase), items that are offered on Statewide Contracts (and any of the successor statewide contracts) with the primary use as listed below will be excluded unless identified in this RFR and any attachments.

The lists of products and services that are NOT allowed under this contract include, but are not limited to, the following:

· Security, Surveillance, Monitoring, and Access Control Systems - available under ITC71

· Network Services, Communications Services & Related Equipment, such as, videoconferencing services, Wireless (cellular, Wi-Fi, etc.) products and services – available under ITT72

· Printers for the office environment, e.g., laser, inkjet, networkable – available under ITC73 and ITC66

· Office, School and Library Furniture, Accessories & Services - available under OFF38

· IT Hardware and Services, such as computer monitors – available under ITC73

· Radio related Products and Services, including Public Safety Communication Equipment – available under PSE01

There is no dollar limit under the statewide contract for goods and services that do not constitute construction, maintenance, or repairs to structures subject to MGL c. 149 § 44A or MGL c. 30, 39m. This contract may not be used for projects valued at $50,000 or more for construction, maintenance, or repairs to vertical structures subject to MGL c. 149 § 44A; nor for projects valued at greater than $50,000 for construction, maintenance, or repairs for public works subject to MGL c. 30, 39m.

Bidder Qualifications The Commonwealth seeks value added resellers (VARs) and online or catalog sales (Box Sales) vendors capable of providing the goods and, for VARs only, services described in the Scope of this procurement. VARs must be able to provide installation services for the proposed products.

Box Sales Bidders The Commonwealth seeks Bidders offering to provide online or catalog sales and delivery only, no services related to installation or maintenance. Box Sales Bidders must be able to deliver products statewide from a minimum of four (4) out of the five (5) Categories to be considered for a contract award.

The Bidder may develop and maintain accessible “PunchOut” catalogs for the purchase products only from this contract. This online PunchOut does not replace the Excel Cost Table the vendor will be required to maintain for the life of the contract. This catalog must be kept up-to-date and be easy-to-use.

The Bidder must be able to adhere to the technical specifications needed to access the Bidder's PunchOut catalog via the COMMBUYS portal as described in Attachment A: COMMBUYS PunchOut Requirements.

Company experience Business background Years in the industry of the Bid Bidders must have been in the business of providing professional, industrial and/or consumer grade audio, video, photographic & display equipment, supplies and/or related services for at least the number of years two (2) most recent consecutive years prior to the RFR submission deadline (See RFR Section 1.2, Estimated Procurement Calendar).

In the case of companies formed fewer than two (2) prior to this date via merger, acquisition or some other means, the SST may consider the experience of all companies involved in the merger or acquisition.

Employee and/or business technical/business experience, certifications, licenses Employee requirements This section applies to value added reseller (VAR) Bidders; it does not apply to Box Sales Bidders.

Employee technical/business experience, certifications, licenses Personnel employed by the Contractor shall be fully qualified to perform all service, maintenance, and installation, if required, in a professional manner according to the standards established by equipment manufacturers and in accordance with the requirements of the Commonwealth of Massachusetts.

Background/CORI check requirements The Commonwealth maintains strict building and property security requirements. This may require Contractors to obtain permission from the designated Eligible Entity representative prior to Contractor personnel attempting to access the site. The Bidder must provide personnel who will agree to all security requirements including, but not limited to, background checks, physical search, etc. prior to entering or exiting Eligible Entity sites that require such (i.e., schools, the Dept. of Corrections). The Commonwealth reserves the right to conduct a security background check or otherwise approve any employee, Subcontractor or agent furnished by the Bidder and to refuse access to or require replacement of any personnel for cause based on, including but not limited to, professional, technical, or training qualifications, quality of work or change in security status or non-compliance with the Eligible Entity’s security or other requirements. Such approval shall not relieve the Bidder of the obligation to perform all work in compliance with the Contract terms.

Authorization letters from Manufacturers or Dealers Bidders, and Contractors must submit proof that their company is currently authorized to provide any proposed goods and services that require such manufacturer authorization. Generally, such proof consists of electronic or scanned copies of original manufacturer authorization letters bearing the manufacturer’s letterhead. Authorization letters must be current and must clearly indicate manufacturer certifications and whether the Bidder is authorized to distribute, install, maintain, and/or provide training or technical support for the equipment being proposed. Additional evaluation points based on the level of added value as determined by the SST.

Company affiliations The Bidder must be a reseller or distributor authorized to sell products directly from multiple key audio, video, multimedia, or camera manufacturers. Bidders that are either a preferred or exclusive manufacturer distributor for Massachusetts for certain products listed under RFR Section 4.1 and include proof verifying their company’s status with the manufacturer/distributor with their bid proposal may be given additional evaluation points based on the level of added value as determined by the SST. Bidders may provide proof by submitting a Manufacturer/Distributor Certification for each company which verifies their preferred or exclusive reseller status.

Emergency Response Capabilities In a declared state of emergency where the safety and wellbeing of citizens are at risk, contractors may be asked to supply the purchasing entity with the commodities and/or services under the Statewide Contract on a priority basis. The Bidder’s Response should indicate whether there is a written Continuity of Operations Plan (COOP) that describes how the company will continue to do business in case of an emergency. In addition, the Bidder should supply a list of emergency contact information including name, position/title, email, and cell phone in the bidder response form.

This information will not be considered in the evaluation of the Response.

Supply Chain Continuity Plan The Bidder’s Response should indicate whether there is a written Supply Chain Continuity Plan that describes how the company will continue to do business with Commonwealth Agencies and other Eligible Entities in a variety of different conditions; including a natural disaster, a pandemic, an economic crisis, or any other critical situation that could disrupt the Bidder’s usual supply chain and potentially impact the Bidder’s ability to provide products to Commonwealth Agencies and other Eligible Entities. within the expected timeframes.

Financial stability including DUNS report, bankruptcy, litigation, and contract default The SST reserves the right to request additional information regarding information submitted.

The SST reserves the right to disqualify Contractors if information provided in response to this section represents excessive risk to the Commonwealth.

Financial Stability All Contractors must submit the financial information on the OFF50 Bidder Response Form:

· Gross annual revenue for last two (2) completed calendar years 2019 and 2020.

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

References and reference information and/or requirements VAR Bidders must include in the Response five (5) customer references for Audio, Video, and Multimedia Presentation Equipment that they have installed within the past two (2) years and that are the most relevant and comparable to those being proposed.

Box Sales Bidders must include in the Bidder Response Form five (5) customer references for sale of Audio, Video, and Multimedia Presentation Equipment. The SST reserves the right to verify references included in the Response and to conduct other reference checks as deemed appropriate.

COMMODITY, SERVICE, ENVIRONMENTAL, AND COST SPECIFICATIONS

Commodity Specifications The specifications in this RFR apply to all products and services awarded under any contract resulting from this RFR. Contractors must meet or exceed all the required specifications within this RFR. Contractors must guarantee the product offered is new and not discontinued or recalled by the manufacturer, unless the Purchasing Entity requests a remanufactured or recycled/refurbished product or if the product is not available as new, such as some products provided for legacy equipment.

All products must be valid for sale in the United States. Product furnished under the terms of this contract shall be guaranteed against any defect due to faulty material and/or workmanship. Product must meet all federal, state, and local standards for quality, safety, and security requirements. All electrical components utilized, including integrated circuits, will be high reliability, commercial grade. It is the intent of this contract for all vendors to offer the most energy efficient products as possible.

The SST reserves the right to amend these specifications, as well as restrict or phase out products or services on contract, at any time to comply with new policies, laws, and regulations, to minimize human health risks, or in other cases if it is in the best interests of the Commonwealth to do so. Contractors are required to comply with such amended specifications.

The Commonwealth reserves the right to take corrective action on any Contractor who fails to comply with the terms of this contract. This includes suspension or termination of the contract.

Category 1: Audio Equipment This category includes, but not limited to, Audio Mixers, Amplifiers, AM/FM Radio, Audio Recorder/Players, Audio Duplicators, Assistive Audio Devices, Audio Acoustic material, Compact Disc Players, Equalizers, Microphones, Media player, Public Address Systems (including Portable), Speaker Systems, Stereo Receivers, Design Services, Installation, System Integration Services, Maintenance Agreement, Support Services and Related Software.

Category 2: Video Equipment This category includes, but not limited to, Assistive Video Devices, Equipment for Videoconferencing, Studio Production, Video Recording, Digital Video Disc Players, Laser Disc Players, Televisions (CRT, Plasma, LCD, LED), Television Monitors/ Monitor Receivers, TV Combo Units (VCR, DVD, BD), Camcorders, Digital Video Recorders, High-Definition Cameras (NON-Security Related), Digital Video Editing Systems, Teleprompters, Video Duplicators, Video Mixer, Design Services, Installation, System Integration Services, Maintenance Agreement, Support Services and Related Software.

Category 3: Display Equipment This category includes, but not limited to, Assistive Display Devices, Video Projection Screens including Rear Projection include but not limited to: Motorized, Tripod, Portable & Wall, Video Displays include but not limited to Plasma, LCD Panels, LED (Light-Emitting Diode) Panels, Visual Presentation Boards, Overhead, Slide, Film, Film Strip, Projectors include but not limited to LCD, DLP (Digital Light Processing), LED, Laser, Interactive Display, Electronic Sign Display Design Services, Installation, System Integration Services, Maintenance Agreement, Support Services and Related Software.

Category 4: Photographic Equipment This category includes, but not limited to, Cameras: Film, Digital Imaging, Studio, Document; Stand Alone Printers for Digital Camera Printing only, 35mm, SLR/DSLR, small, medium & large format; Film Holders; Slide Printers; Lens Accessories; Film/Digital Post Processing and related software.

Category 5: Related Peripherals, Supplies, Accessories Products in this category will include those used in relation with the above Product Categories 1-4 - Audio Visual Tables, Carts, Projector Mounting Systems, Podiums, Lecterns, Stands, Equipment Cases, Headphones, Rack mounting Equipment, Test Equipment, Batteries, Chargers, AV Cables, Connectors, Adapters, Patch Panels, Multimedia Consoles, Switchers, Camera Accessories: Various Lenses, Tripods, Fluid Heads; Camera Support Equipment; related Software (OEM and Authoring); Audio, Video and Photo storage.

Approvals and standards (UL, CE, FCC, FDA, ASTM, IEEE) At time of sale and where applicable, all commodities sold under this contract must be compliant with the industry’s nationally recognized standards for products such as Underwriter’s Laboratory (UL), ANSI, EIA/TIA, NRTL, TAA, and other industry standards; all applicable Commonwealth of MA laws and regulations; and when applicable, products must meet federal, state, and local fire codes. In addition, it is the intent of this contract to prioritize energy efficient products to help further the Commonwealths commitment to decarbonization (see the Environmental Specifications below).

Operating Manuals and System As-Built Diagrams A complete instruction manual for the equipment with full instructions on operation of the equipment, preventative and corrective maintenance procedures shall be provided to the ordering entity a hard copy and/or electronic format at no charge.

Upon request hard copy and/or electronic copy in the format specified by the Purchasing Entity should be provided at no cost, as-built diagrams, schematics, etc. of systems installed by the Contractor shall be provided to the Purchasing Entity.

Product Evaluations and Samples Bidders who are willing to provide sample products to be used by the Purchasing Entity for the purpose of conducting product review or evaluation trials prior to purchase of a product must indicate this availability and provide policy details as per the purchasing entity’s request.

Open Box, Remanufactured and Refurbished Products All refurbished, remanufactured, or reconditioned products may be sold on this contract upon the agreement of the Purchasing Entity. These are products or equipment partially or fully manufactured from existing product materials where such materials are cleaned and repaired to the extent possible and reused in the new product or equipment in accordance with the original manufacturer’s specifications. All unusable parts are removed and replaced with new or remanufactured parts. These products must, meet OEM standards and any governing standards/regulations.

Delivery Terms Freight, travel, and other charges Travel, commuting, meals, lodging, and other standard business expenses incurred by Contractors may not be invoiced and will not be reimbursed.

· Deliveries to Dukes and Nantucket Counties The Commonwealth understands that deliveries to Eligible Entities in Dukes County and Nantucket County may require a ferrying cost. Any fees necessary to complete an order in Dukes or Nantucket County must be agreed to in writing by the Eligible Entity prior to the beginning of any order. Contractors must use all available means to secure the most cost-efficient method of delivery to Eligible Entities in Dukes or Nantucket County.

Shipping, Delivery and Acceptance Delivery must be F.O.B. Destination, freight prepaid, with all product costs (including all delivery expenses) included with Contractor’s response to Purchasing Entity’s request for quote. F.O.B. destination shall mean inside delivery to the ordering entity’s requested destination.

Freight charges, if any, must be identified at the time of the quote response. Freight charges identified after the quote is accepted will not be paid. Freight charges must be no more than the actual freight charge paid by the Contractor.

The Contractor must be responsible for the delivery of products in first class condition at the point of delivery, and in accordance with good commercial practice. At a minimum the shipping cases should show the name of the supplier, name, and address of receiving customer. When available these cases should also include any special designation requested by the Eligible Entity such as the purchase order number, part number/stock number, quantity per box, etc.

Delivery time frames and prior approvals All Bidders must agree to deliver items within five (5) – (14) calendars days of receipt of an order if the item ordered is an in-stock product. If the product is out-of-stock or a customized order, the delivery date must be mutually agreed upon with the Purchasing Entity. If the Vendor finds that any order cannot be delivered at the agreed upon delivery date, the Vendor must notify the Purchasing Entity of the projected delivery date at time of order or within twenty-four (24) hours of receipt of an order. Should that date later change the Vendor must notify the Purchasing Entity of a new delivery date and have that new delivery date accepted by the Purchasing Entity.

Contractors must provide at least 48 hours’ notice to Purchasing Entity prior to shipment. Contractors may not proceed with delivery until approval has been given by the Purchasing Entity.

All deliveries shall be performed during regular working hours, usually 8:00 AM to 5:00 PM EST/EDT Monday through Friday. Delivery day and time changes may be granted with written approval of the Eligible Entity.

Drop shipments If a Vendor has an order dropped shipped from a manufacturer or other source within the supply chain to the Purchasing Entity, it is the Vendor’s responsibility that delivery and delivery costs are in compliance with all items under this RFR.

Partial Shipments Partial shipments may be made only with the express written permission of the Purchasing Entity.

Service Specifications The following Service Specifications apply to Bidders offering services, including but not limited to design, installation, training, maintenance, and repair services. Acceptable service quality is defined as the Contractor having met all applicable requirements of this section.

Rental Bidders that offer rental as listed under RFR Section 1.3.6 must include all pricing schedules regarding these programs with the bid submission using the Cost Table template by adding a spreadsheet tab labelled as “Rental Pricing” for the SST to consider these pricing structures for bid award. Rental must not to exceed 6 months.

Equipment pick-up dates and times must be mutually agreed between Contractor and Purchasing Entity and must be within normal business hours unless otherwise agreed by the Purchasing Entity. The Contractor is responsible for pick-up of rental equipment within 30 days of notification from the Purchasing Entity. Contractors that fail to pick-up rental equipment in accordance with these requirements may be charged reasonable storage fees as agreed upon by both the Purchasing Entity and the Contractor.

Loaner Equipment If the time for warranty or service repairs will exceed the specified time, see Response Time (Section 4.7.5.5.1), the Contractor shall provide equivalent loaner equipment upon request by the Purchasing Entity. Loaner equipment shall be provided at no cost, including delivery to the customer’s location and return of loaner equipment to the Contractor. If available, it is desirable that the loaner equipment is most energy efficient.

Pre-installation Site inspection requirements It is the Contractor’s responsibility prior to delivery to survey and review the installation location to ensure the existing proposed location will meet the manufacturer’s established installation criteria. If a mutually agreeable location for the equipment, meeting the manufacturer's established installation criteria, is not available, the Contractor must not install the equipment and will request the Purchasing Entity to cancel the order with no further obligations. Contractors not familiar with any location are strongly advised to personally view those locations prior to delivery. A lack of familiarity with an installation location will in no way relieve a Contractor from its responsibility to fulfill its contractual obligations.

Installation As built documentation or manuals Upon completion of the system installation, the Contractor shall provide the following system documentation to the Purchasing Entity:

· A detailed software listing identifying the software title, version, and publisher.

· A complete set of system administration and/or maintenance manuals for the installed system. These manuals must be provided in hard copy as well as in electronic format unless the Purchasing Entity specifically requests electronic versions only.

· An inventory database (Excel, Access, etc.) file of equipment installed with associated Commonwealth Property Tags as provided by the Purchasing Entity. Release from this responsibility is at the sole discretion of the Purchasing Entity.

· Hard copy “Trouble Log” samples which allow the Purchasing Entity to report and keep accurate records of all system maintenance issues or problems on an as needed basis.

· All necessary documentation regarding warranty terms, expiration date(s), maintenance agreement expiration/renewal dates (if applicable), maintenance contact numbers, maintenance reporting procedures, maintenance escalation procedures, a list of equipment that are Energy Star or EPEAT registered, etc.

· Depending on the size and complexity of the installation, the Purchasing Entity may require the Contractor to provide as-built drawings in hard copy and electronic form. The Contractor must deliver such drawings in a format acceptable to the Purchasing Entity within 30 days of installation acceptance.

Hours: Normal workdays, weekends, & Holidays All installation work shall be performed during regular working hours, usually 8:00 a.m. to 5:00 p.m. Monday through Friday. Installation outside of these hours requires the prior written approval of the Purchasing Entity. It is desirable that Bidders provide their hourly labor rates, with significant discounts, for installation during non-regular working hours (Nights & Weekends) and during legal holidays.

Clean up The Contractor must clean up and remove all debris and packaging material resulting from its work at the Purchasing Entity’s premises on daily basis.

Upon completion of installation, the Contractor must leave the Purchasing Entity’s premises clean, orderly and ready for immediate use.

Unless the Purchasing Entity agrees, all Contractors must be responsible for the prompt removal of all individual project related debris from the job site and must be recycled or in no recycling option is available, disposed of offsite at no additional charge.

The Contractor shall be completely responsible for replacing, restoring, or bringing to former condition any damage caused by the Contractor’s installation personnel to floors, ceilings, walls, furniture, grounds, pavement, etc. Any damage or disfigurements shall be repaired to restore the property to its former condition by the Contractor at no cost to the Purchasing Entity.

Acceptance For the purposes of this statewide contract, Acceptance is defined as documentation from the Purchasing Entity that specifically acknowledges that the installed equipment or system is fully functional, and the equipment and installation meet the specifications.

Service and Maintenance requirements Time & Material service and repairs Contractors must identify labor rates when quoting service and repairs to Purchasing Entities for equipment that is not under warranty or maintenance agreement. Service labor titles must match those published in the Cost Tables submitted by the Bidder and approved by the SST. Service labor rates and materials charges must not exceed those shown in the published Cost Tables.

Contractors must provide detailed invoices for time and material service and repairs. Invoices must specify labor titles, the corresponding hourly rates, and the number of hours, as well as charges for materials that correspond with the published Cost Tables.

Service Call Responsibilities It may be required by some Eligible Entities that Contractors have the ability to respond to service calls and be available upon notice. Purchasing Entities and Contractors must agree on mutually acceptable response time requirements. Contractors must send a fully trained and certified personal in response to service calls with the ability to perform repairs or diagnosis the problem. Travel, fuel, meal, and lodging charges will not be accepted for any service call response, unless negotiated and agreed by the Purchasing Entity.

Emergency Service Calls For emergency services calls, Contractors must have the ability to respond immediately and arrive on site within an agreed upon timeframe, to be negotiated between the Contractor and the Purchasing Entity, or, if a response time has not been negotiated, within four hours after receiving the service request.

Non-Emergency Service Calls For non-emergency service calls, Contractors must acknowledge receipt of the service request within one hour. Contractors should arrive on-site within agreed upon timeframes, to be negotiated between the Contractor and the Purchasing Entity, or, if a response time has not been negotiated, within eight hours or next business day from the time the Purchasing Entity made the service request.

Maintenance Agreements Maintenance agreements must address the following items, at a minimum:

· Preventative maintenance procedures, such as software/firmware updates and test routines on the equipment or systems (including all additions and modifications of system, e.g., “as built”) including replacement and/or cleaning.

· Frequency of regularly scheduled maintenance, e.g., monthly, quarterly, etc.;

· Frequency of regularly scheduled maintenance log reviews to be conducted with the Purchasing Entity.

Response time Response times that differ from those specified in the above sections must be clearly identified as differing from the terms of this RFR in the maintenance agreement negotiated with the Purchasing Entity.

Emergency service Bidders that indicate their willingness to provide emergency maintenance services as part of the initial product or system warranty and as part of any subsequent maintenance contract may be given additional evaluation points. Bidders must indicate that they will offer this service on the items referencing this service on the Cost Tables and include any costs associated with this service.

Contractors must provide this level of service to Purchasing Entities that designate their system operation as critical to Purchasing Entity operation and/or public safety. Minimum emergency service response times must be mutually agreed upon by the Contractor and Purchasing Entity.

Regional service and delivery areas Awarded regional Bidders may accept engagements from Purchasing Entities outside of their awarded region(s). Awarded regional Bidders that sell products or services to Purchasing Entities outside of their region(s) must meet all relevant requirements of this RFR, including response time requirements. Additional points may be awarded to bidders who serve the Dukes and Nantucket counties.

License Agreements and Service Agreements License Agreements and/or Service Agreements should be agreed by the eligible entity. Such agreements must not conflict with the Commonwealth’s Terms & Conditions, nor may they impose any obligations upon Purchasing Entities beyond those contained in this RFR.

Construction Law Compliance All work performed under this contract must comply with the Massachusetts construction laws, M.G.L. c.149 (building construction) and M.G.L. c.30 s.39M (public works projects). For reference, please review the “Charts on Procurement Procedures” available for download from the Inspector General’s website at: https://www.mass.gov/download-oig-public-purchasing-and-public-construction-manuals.

This contract may be used for construction, reconstruction, alteration, installation, demolition, maintenance or repair services and, if needed, associated materials. It is the responsibility of the Eligible Entity to consult their legal counsel for assistance determining whether installation work includes construction as defined by M.G.L. c.149 or M.G.L. c.30 s.39M. All construction or construction related labor provided under this contract is limited to $50,000 or less per engagement. Any services provided that would exceed $50,000 in labor costs must go out to a public bid.

Eligible Entities will be allowed to contract with any Contractor under this Statewide Contract for services for building or public works construction projects estimated to cost less than $10,000 without the need to solicit multiple written price quotations when procuring these services, unless required by the Eligible Entity’s internal procurement policies and requirements. Eligible Entities must use sound business practices which require a record that includes, at a minimum, the name and address of the person from whom the services were procured.

If using this Statewide Contract for building construction or public works projects estimated to cost between $10,000 and $49,999 (this amount is capped for construction or construction-related labor only), Eligible Entities are required to solicit a minimum of at least three (3) responses from Contractors on this Statewide Contract and MUST receive written responses from at least two of the Contractors, provided that the contract shall be awarded to the responsible person offering to perform the contract at the lowest price quotation. If the project requires additional equipment/parts/materials the costs associated with such equipment/parts/materials may exceed $50,000(this amount is capped for construction or construction-related labor only) labor limit.

All Awarded Contractors will be required to execute statements of work for engagements under this contract that incorporate applicable public construction law requirements including, but not limited to employment requirements, labor harmony and OSHA training certifications, change orders and adjustments, foreign corporations, payment requirements, weather protection, financial reporting, auditor’s certification where applicable.

Construction projects exceeding these limits are not permitted under this contract.

A Payment Bond is required from Contractors on projects where construction or construction-related labor costs exceed $25,000.

Training Training & training materials Within 30 days of Acceptance, unless otherwise agreed by the Purchasing Entity, Contractors are required to provide at no cost training on those aspects of the products and systems that require end user interaction including, but not limited to, hardware, software, system management including energy reduction aspects of the…