Office Supply RFR Final~1.docx

THE COMMONWEALTH OF MASSACHUSETTS

TRIAL COURT

OFFICE OF COURT MANAGEMENT

Two Center Plaza, 9th floor boston, ma 02108

Request for Response (RFR)

Document Title: Trial Court Office Supply

Agency Document Number: 18-TRC-OFFICESUPPLY

March 23, 2018

DIANE WHOLLEY, PROCUREMENT MANAGER

Email: diane.wholley@jud.state.ma.us Tel. (617) 878-0280

Please Note: This is a single document associated with a complete Bid (also referred to as Solicitation) that can be found on COMMBUYS (www.COMMBUYS.com). All Bidders are responsible for reviewing and adhering to all information, forms and requirements for the entire Bid, which are all incorporated into the Bid. Bidders may also contact the COMMBUYS Helpdesk at COMMBUYS@state.ma.us or the COMMBUYS Helpline at 1-888-MA-STATE. The Helpline is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal, state and Suffolk county holidays.

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

3.0 SPECIFICATIONS…………………………………………………………………..……………..6

3.1 Bidder Qualifications…………………………………………………………………..…..…….6

3.2 Commodity Specification……………………………………….……………………..……....……6

3.2.1 Eligible Required Commodities……………………………….………………….……………6

3.2.2 Bidder’s Response Cost Sheet, Attachment A1, A2, A3, A4…………………………...6-7

3.2.3 Online Ordering Website………………..…………………………………………..….…….7-8

3.3 Product Substitutions for Discontinued Items…….….……………….……………………8

3.4 Delivery Requirements (All Categories)……………...................……….……….………….…...8

3.4.1 Cost…………………………………………………………………………………………………9

3.4.2 Hours……………………………………………………………………………………………….9

3.4.3 Category 1…………………………………………………………………………………………9

3.4.4 Category 2…………………………………………………………………………………………9

3.4.5 Category 3…………………………………………………………………………………………9

3.4.6 Condition………………………………………………………………………………………9-10

3.4.7 Labeling of Shipping Cases…………………………………………………………………...10

3.4.8 Security Policies………………………………………………………………………………...10

3.4.9 Backordering – Category 1……………………………………………………………………10

3.4.01 Order Fill Rate – Category 1 Only……………………………………………………………10

3.4.02 Backordering – Categories 2 and 3………………………………………………………….10

3.4.03 Proof of Delivery………………………………………………………………………………..10

3.4.04 Product Returns………………………………………………………………………………..10

3.4.05 Unapproved Substitutions……………………………………………………………………11

3.4.06 Insurance………………………………………………………………………………………..11

3.5 Invoice & Payment Specifications….…………………………...………………………….11

3.6 PERFORMANCE SPECIFICATIONS…………………………………….……….....……

3.6.1 Emergency Response Plans……………………………………………………………….…12

3.6.2 Value Added Services…………………………………………………………………..……..12

3.7 Category 1A – Office Supplies & Paper Market Basket Items………………………….12

3.7.1 Category 1B – Offices Supplies & Paper Non-Market Basket Items………………12-13

3.7.2 Category 2 – OEM & Non-Remanufactured Toner & Staples…………………………..13

3.7.3 Category 3 – Custom Printed Stamps, Checks, & Envelopes………………………….13

3.7.4 Cost Tables………………………………………………………………………………….13-14

3.7.5 Discounts………………………………………………………………………………………..14

3.7.6 Prompt Pay Discounts…………………………………………………………………………14

3.7.7 Volume Purchase Discounts…………………………………………………………………14

3.8 Continued Qualification Based on Performace…………………………………………...15

3.8.1 Contract Cost Compliance Verification……………………………………….………....…15

3.8.2 Security and Confidentiality….………………………………………….……….……….15-16

3.9 Dedicated Account Manager & Customer Service Representative………….…..…….16

3.9.1 Replacement of Dedicated Account Manager……………………………………………..16

4.0 EVALUATION PROCESS AND CRITERIA…..…………………...……………………..….. 16

4.1 Mandatory Requirements….………..………………………………………...………….…

4.1.1 Evaluation Components………………….………………………………………………..16-17

4.1.2 Alternatives……………..……………………………………………………………………….17

4.2 Mandatory RFP Documents …….…………………………………………………….…...17-18

4.2.1 Sample Mandatory Contract Documents……………………………………………………18

4.3 Evaluation Components……………………………………………………………………….18

4.3.1 Clarification of Pricing Proposal…………...………………………………………………...18

4.4 Prompt Payment Discounts (PPD)……………………………………………………….18-19

4.5 Best and Final Offers (BAF)) Option…………………………………………………………19

4.6 Employee Requirements 20

4.7 Client References……………..……………………………………………………..…………..20

5.0 HOW TO SUBMIT A QUOTE……………………………………………………………………20

5.1 Quote Submission Method ...………………………………………………………………….20

5.2 COMMBUYS Quote Submission Training and Instructions……………………………..20

5.3 COMMBUYS Support………………………………………………………………………..20-21

5.4 Bid Opening Date/Time…………………………………………………………………………21

5.5 Quote Contents…………………………………………………………………………………..21

5.6 Electronic Signatures…………………………………………………………………………...21

5.7 Withdrawing a Quote……………………………………………………………………………21

5.7.1 Prior to Bid Opening Date/Time……………………………………………………………….21

5.7.2 After Bid Opening Date/Time…………………………………………………………………..21

6.0 REQUIRED TERMS FOR ALL RFRS…………………………………………………………..21

6.1 General Procurement Information………………………………………………………

6.2 Alterations…………………………………………………………………………………….21-22

6.3 Ownership of Submitted Quotes………………………………………………………………22

6.4 Restrictions on Contract with Court Personnel……………………………………………22

6.5 Terms and Requirements Pertaining to Awarded Contracts…………………………….22

6.6 Commonwealth Tax Exemption……………………………………………………………….22

6.7 Contractor's Contact Information…………………………………………………………22-23

6.8 Publicity……………………………………………………………………………………………23

APPENDIX A – MANDATORY RFP DOCUMENTS…………………………………………………24

VENDOR ACCEPTANCE FORM……………………………………………………………………...25

NO CONTACT POLICY/RESTRICTIONS ON CANTACT WITH COURT PERSONNEL….……26

APPENDIX B - PRICING ATTACHMENTS & DOCUMENTS…………………..………..………...27

APPENDIX C - INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY THROUGH COMMBUYS………………………………………………….28-31

1.0 RFR INTRODUCTION AND GENERAL DESCRIPTION

1.1 Procurement Scope and Description

The Office of Court Management (OCM) of the Massachusetts Trial Court is soliciting bids from vendors to be the exclusive provider of copy paper, toner cartridges, general office supplies, and custom printed items such as stamps and checks to over one hundred court locations within the Commonwealth’s Trial Court System. The Trial Court will be soliciting bids in (3) categories; office supplies including paper (Category 1), OEM and Non-Remanufactured toner (Category 2), & Custom Printed Products such as stamps and checks (Category 3).

1.2 Applicable Procurement Law

This Bid is issued under the following law(s):

MGL c. 7, § 22; c. 30, § 51, § 52;

· This RFP is issued under laws, rules, procedures, and practices applicable to the Judicial Branch of the Commonwealth of Massachusetts. The Judicial Branch is not subject to 801 CMR 21.00 et seq., which governs the procurement process of the Executive Branch of the Massachusetts state government. Vendors responding to this RFP should not assume that Judicial Branch procurement practices correspond directly to the procurement practices of other branches, agencies, departments, or divisions of the Commonwealth of Massachusetts. Additional terms and conditions may be introduced at the vendor selection and contract negotiation phases.

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0. Number of awards The target maximum number of Contractors is to be determined; OCM Procurement may award more or fewer Contracts, if it is in the best interest of the Judicial Branch of the Commonwealth to do so.

Adding Contractors after initial Contract award If, over the life of the Contract, the Office of Court Management (OCM) determines that additional Contractors should be added, these may first be drawn from qualified companies which responded to this Bid but were not awarded contracts. If necessary to meet the requirements of the Trial Court, the Bid may be reopened to obtain additional Quotes.

Eligible Entities Any and all sites of the Massachusetts Trial Courts are covered under this contract. The bidder must submit a response for all Regions in their entirety, a bidder will be disqualified if they only bid on one or some or split-regions. Although the executed Massachusetts Standard Contract Form on file with the procuring department covers any facility, site or administrative unit of the Massachusetts Trial Courts, we reserve the right to request that the contractor(s) execute individual contracts if deemed necessary.

Acquisition Method(s) The acquisition method(s) to acquire goods and/or services from this Bid is Outright Purchase.

Contract Duration The expected duration of this contract is as follows:

Initial Duration: Up to five (5) years.

Renewal Options: Three (3) options to renew, each option is for up to one (1) year.

Contractor performance will be a consideration in determining whether to extend/renew their contract.

Total Maximum Contract Duration: Eight (8) Years Anticipated Start Date: May 2018 Estimated Value of the Contract The Trial Court 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.

Federal Funds may be used to fund any part of this contact.

2.0 Estimated Procurement Calendar

Deadline for Submission of Questions through COMMBUYS “Bid Q&A”

April 5th, 2018 @ 3pm EST

Times are Eastern Standard/Daylight Savings (US), as displayed on the COMMBUYS system clock displayed to Bidders 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.

2.1 Written questions via the Bid Q&A on COMMBUYS

The “Bid Q&A” provides the opportunity for Bidders to ask written questions and receive written answers from OCM regarding this Bid. All Bidders’ questions must be submitted through the Bid Q&A found on COMMBUYS (see below for instructions). Questions may be asked only prior to the Deadline for Submission of Questions stated in the Estimated Procurement Calendar. The issuing department reserves the right not to respond to questions submitted after this date. It is the Bidder’s responsibility to verify receipt of questions.

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

It is the responsibility of the prospective Bidder and awarded Contractor to maintain an active registration in COMMBUYS and to keep current the email address of the Bidder’s contact person and prospective contract manager, if awarded a contract, and to monitor that email inbox for communications from the Purchasing Department, including requests for clarification. The Purchasing Department and the Trial Court assume no responsibility if a prospective Bidder’s/awarded Contractor’s designated email address is not current, or if technical problems, including those with the prospective Bidder’s/awarded Contractor’s computer, network or internet service provider (ISP) cause email communications sent to/from the prospective Bidder/Awarded contractor and the Purchasing Department to be lost or rejected by any means including email or spam filtering.

2.2 Locating 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.

2.3 Amendment Deadline

The OCM 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. OCM and the Trial Court accepts 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.

3.0 Specifications

3.1 Bidder Qualifications

Ability to provide and deliver a wide range of office supplies throughout the Commonwealth of Massachusetts and the Islands on a next day basis after the order is placed.

3.2 Commodity Specification

Bidders must meet all specifications and requirements as stated in the RFR as follows.

3.2.1 Eligible Required Commodities

Items provided by a Contractor must be in accordance with those contained in the Contract award. Contractors are authorized to ship only those supply items covered by the Contract unless otherwise approved by the OCM contract manager. If a review of orders placed by The Trial Court reveals that supply items other than that covered by the Contract have been ordered and delivered, the Contract Manager may take such steps as are necessary to have the material returned by the Trial Court, regardless of the time elapsed between the date of delivery and discovery of the violation, at the cost of the Contractor. Full credit will be required. The Contractor must remove the commodity from their catalog and website if directed to do so by the Trial Court Contract Manager. Contractors may also be subject to suspension for a period of time, or Contract termination.

The OCM reserves the right to remove any commodity from the contract at any time.

3.2.2 Bidder’s Response Cost Sheet, Attachment A1, A2, A3, & A4 Bidders are required to complete any or all of the tabs identified under Attachment A1, A2, A3, & A4 located on the COMMBUYS website as follows:

· Category 1A - Office Supplies & Paper Market Basket - The Trial Court has defined a list of 350 specific items that are considered the “market basket”. OCM encourages all Bidders to respond to all 350 items listed, however, in the event a Bidder absolutely cannot respond to an item the Bidder must identify that item as indicated on the cost sheet. All Bidders that provide a private label/generic item in replacement of the item in the market basket, the item being replaced must be of the same or better quality. During evaluations, OCM may request product samples and it is expected that one will be provided in a timely fashion for our review. At any time during evaluations or during the life of the contract, OCM can decide to omit that item if it feels the product is inferior or it is determined that it does not meet the RFR/contract specifications.

· Category 1B – Office Supplies & Paper Non-Market Basket Items - Non-market basket items are items that are not specifically listed in the market basket and are allowed under this contract (see below*) and must be offered to the Trial Court from a catalog that the Bidder provides to OCM for review purposes only. These items will be grouped by the discount percentage determined by the bidder as shown from a dated catalog.

· Category 2 – OEM & Non-Remanufactured Toner & Staples – Please provide a discount percentage off the Manufacturer’s List price for the following manufactures entire catalog; HP, Toshiba, Canon, Ricoh, Lexmark, Brother, & Xerox . Additional manufactures and supplies may be added.

· Category 3 – Custom Printed Stamps, Checks, & Envelopes - The following items are eligible commodities which must be offered by Category 3 Bidders: custom stamps, checks, & envelopes Attachment A3, Category 3. The manufacturer must be able to provide a quote for specialty and custom printed stamps, checks, and envelopes as described in Attachment A3, Category 3. Please be aware that notices must be inserted in all shipments of checks warning courts that they have reached a reorder point. If any item quoted is discontinued during the life of the contract, a substitute, agreed upon by both parties must reflect the contract pricing for the originally quoted item.

3.2.3 Online Ordering Website

Awarded Contractors must provide an online ordering website. The website must be available within 30 days after Contract execution. Approval by the OCM, prior to publication of the initial website and any changes or updates, is required. The website page must be accessible by the Trial Court at no additional cost. Contractors are required to provide training statewide to any Trial Court employee who requests training, at no additional cost.

The website must include the following minimum functionality, except for features identified as “desirable”:

· Must display all Trial Court Contract items;

· Must provide a clear description, including but not limited to the unit of measure, percentage of post-consumer recycled content (where appropriate) and cost;

· Must not provide any disclaimers or offers that are inconsistent with the Contract;

· Must provide the search capability by product type, type of item, manufacturer, manufacturer part number #, and keyword description;

· Must provide the number of items in a carton, box, or other shipping unit;

· Must provide the ability to search within results;

· Must provide the ability to provide a cost comparison among lower cost items that are equal or better in quality to the item(s) selected;

· Must provide a comparison among items that are more environmentally preferable and are equal or better in quality to the item(s) selected;

· For paper, dimensions, weight and unit of measure must be displayed;

· Must provide the capability to enter multiple “Ship To” addresses within one order;

· Must provide the ability to define symbols when the cursor hovers over them;

· Must provide a comment field where a user can enter comments for each line item of an order;

· Must provide a preview of past order contents when the user rolls the cursor over the order number;

· Must provide the ability for the Trial Court to save their “Favorites List”/”Shopping Cart” of most commonly purchased items;

· Must provide the ability to provide a workflow approval process for a minimum of 3 (three) approval levels. More than 3 (three) approval levels are desirable;

· Must provide the ability to track orders and delivery status;

· Must have the ability to post the approved cost files that clearly identify all environmentally preferable products;

· Must have the ability to maintain a promotional section to highlight any current or planned approved Contract promotions;

· Desirable: ability to maintain an archive section for prior approved Contractor cost files;

· Desirable: Ability to show the quantity of items available;

· Desirable: provide chat functionality;

· Desirable: the ability to provide an environmental information section including but not limited to: information about the benefits of purchasing environmentally preferred products, the use and benefits of remanufactured supplies, current and future environmental commitment(s), policies and initiatives (e.g. packaging reduction, toxics reduction, equipment end-of-life management) and other relevant topics.

The Trial Court reserves the right to request modifications to the website page during the term of the Contract. Any modifications, changes or updates must be reviewed and approved by the Trial Court prior to publication. Non-compliance with this requirement may result in a penalty assessment of up to $100.00 per day for each occurrence, Contract suspension, or Contract termination. Once an email has been sent to the Contract Manager notifying them of a perceived occurrence, they will have 2 business days to address the problem. If the problem has not been resolved within a reasonable time frame (to be determined on a case by case basis) then the penalty starts to accrue.

3.3 Product Substitutions for Discontinued Items

Orders must be filled as submitted unless the item has been discontinued by the manufacturer and is not available for shipment. If that is the case, the Trial Court’s approval of any proposed substitute product is required prior to shipping the order. The replacement item must be of equal or better quality at an equal or lower price. If the substitute item is less expensive, that must be reflected on the invoice. If samples are available and requested by the Trial Court the Contractor should provide the item at no additional charge. If the Contractor must charge a fee for the sample the price must be negotiated between the Contractor and the Trial Court.

3.4 Delivery Requirements (All Categories)

Statewide Contractors must be able to provide delivery throughout the Commonwealth of Massachusetts, including the islands. If the Contractor uses an independent company to satisfy delivery requests, the Awarded Contractor is responsible for ensuring that the delivery company coordinates with the contract user. It is desirable that Contractors use as little packaging as necessary to deliver products in order to maintain product in original form.

3.4.1 Cost

Delivery must be made at no extra cost to the Trial Court with all deliveries being FOB destination. F.O.B. destination shall mean inside delivery to the location specified by the Trial Court. The Contractor shall be responsible for all delivery and unloading of product at no additional cost. All orders will be processed, confirmed and delivered based on established delivery schedules. Should the Contractor use an independent business to satisfy delivery requests, it is understood that said Contractor accepts responsibility for ensuring the delivery company will coordinate with the contract user on delivery manner. Contractor is also responsible for all violations and penalties if the delivery company is not performing to the terms of this contract. Late deliveries or deliveries that cannot be made within the above guidelines may be canceled at no cost to the Trial Court.

3.4.2 Hours

All deliveries shall be performed during regular working hours, usually 8:00 AM to 4:30 PM EST/EDT Monday through Friday. Delivery at other times is permissible only with the written approval of the Trial Court.

Time Allowed for Delivery After Order Placement

3.4.3 Category 1

All deliveries must be made within one (1) business day of the order placement, or per a delivery schedule mutually agreed upon by the Trial Court and the Contractor. The only exception would be delivery to the islands in which case 3 business days will be acceptable.

In the event a contractor cannot deliver within the required time frame indicated above, the contractor must notify the Trial Court and work out a mutually acceptable schedule. If the contractor does not contact the Trial Court, or if the contractor & the Trial Court cannot agree on a mutually agreed upon schedule, a penalty of $100.00 per day/per violation may be imposed.

3.4.4 Category 2

All deliveries must be made within two (1) business days of the order placement for stock items and within three (5) business days for non-stock items, or per a delivery schedule mutually agreed upon by the Trial Court and the Contractor. In the event a contractor cannot deliver within the time frames allowed for this category, the contractor must notify the Trial Court and work out a mutually acceptable schedule. If the contractor does not contact the Trial Court, or if the contractor & Trial Court cannot agree on a mutually agreed upon schedule, a penalty of $100.00 per day/per violation may be imposed.

3.4.5 Category 3

All deliveries must be made within two (7-10) business days for custom stamps or per a delivery schedule mutually agreed upon by the Trial Court and the Contractor. All deliveries must be made within two (10-14) business days for custom checks & envelopes or per a delivery schedule mutually agreed upon by the Trial Court and the Contractor.

In the event a contractor cannot deliver within the time frames allowed for this category, the contractor must notify the Trial Court and work out a mutually acceptable schedule. If the contractor does not contact the Trial Court, or if the contractor & the Trial Court cannot agree on a mutually agreed upon schedule, a penalty of $100.00 per day/per violation may be imposed.

3.4.6 Condition

Contractors are required to deliver products in first class condition at the point of delivery, and in accordance with good commercial practice. Damaged shipments will not be accepted. In the event that a shipment is accepted and subsequently found to be incomplete, incorrect, or damaged, the shipment must either be replaced, at no cost to the Trial Court, or returned at the Contractor’s expense, for a refund or credit of the purchase price. The Contractor may not charge restocking fees.

3.4.7 Labeling of Shipping Cases

Shipping cases must show the name of the supplier, name and address of receiving customer and purchase order number. Shipping cases must be properly labeled with the part number/stock number, quantity per box, and paper size (if applicable). They must also include a special designation for each carton if requested by the Trial Court.

3.4.8 Security Policies

Contractors must adhere to established security and/or property entrance policies and procedures established by the Trial Court. It is the Contractor’s responsibility to inquire about those policies and procedures prior to any attempt to enter the premises, and to adhere to them. The Contractor must be prepared to supply a list of drivers’ names and any other background information necessary to the Department of Correction or any Eligible Trial Court Entity who so requests for security clearance. All Contractor vehicles are subject to inspection upon entering and leaving all facilities. All drivers’ will be subject to a CORI check and any drivers’ that fail said CORI or do not meet the Trial Court’s expectations will be promptly barred and a Trial Court approved driver replacement will need to be made available at no cost to the Trial Court.

3.4.9 Backordering - Category 1

Contractors must automatically deliver all backordered items not in stock at the time of request as soon as the items become available. If a Contractor cannot deliver the backordered item(s) within 2 (two) business days of the original date of order or in a time frame mutually agreed upon by the Trial Court and the Contractor, then the Contractor may deliver an equal or better quality item at the same price or lower, of the backordered item within 2 (two) business days. The Trial Court’s approval of the backorder replacement item is required prior to shipment of the item. No additional fees or service charges will be allowed for delivery of supplies on backorder.

3.4.01 Order Fill Rate – Category 1 Only

Contractors must maintain a complete order fill rate of 98% for next day delivery during the term of the contract. In the event that a contractor cannot maintain the fill rate, the vendor must notify the Trial Court and work out a mutually acceptable replacement for the items that are not filled. If the contractor does not contact the Trial Court, or if the contractor & Trial Court cannot agree on a mutually acceptable resolution, a penalty of up to $100.00 per violation may be imposed.

3.4.02 Backordering - Categories 2 and 3

Contractors must deliver backordered items in a time frame mutually agreed upon by the Trial Court and the Contractor. No fees or service charges will be allowed for delivery of supplies on backorder.

3.4.03 Proof of Delivery

Proofs of delivery must be maintained for a minimum of eighteen (18) months after deliveries.

3.4.04 Product Returns

Contractors must resolve all requests to return non-custom items in original condition within 5 business days. Items will be picked up and credited by the Contractors within five business days at no cost to the Trial Court. No restocking fees will be charged.

3.4.05 Unapproved substitutions are not allowed under this Contract and if delivered in error must be replaced with the requested items or approved substitutes within 2 business days. No restocking fees will be charged.

3.4.06 All awarded bidders will be responsible for insuring that item(s) received that do not meet the written guarantees and/or warrantees published by the manufacturer are replaced within 30 days of notification by the department whom purchased the item. Returning of the defective item will be done so at the expense of the supplier.

2.0 2.1 3.2.5 3.2.5 3.2.5 3.2.5

3.5 Invoice and Payment Specifications

Billing must be done at a minimum per order, unless consolidated billing is requested. It is highly desirable for the Bidder to offer and provide electronic invoices to the Trial Court upon request.

Contractors may be required to provide consolidated billing, upon request of the Trial Court. All invoices must have a separate line item identifying the account and any line item detail requested by the Trial Court for each order and delivery. Prompt Pay Discounts will be based on the receipt date of the consolidated invoice.

The contractor must agree to apply payments issued by the Trial Court to the appropriate invoices. To clarify, payments made by the Treasurer’s Office may combine payments from multiple state entities. Contractors will be able to use the Commonwealth’s Vendor Web service to help in reconciling such payments (see link on the State Comptroller’s Office website at www.mass.gov/osc).

The contractor must agree to match invoices and apply the correct bills and set up separate billing accounts. The Contractor must not automatically apply payments against the oldest invoices or use any other arbitrary basis for applying payments.

Invoices (both paper and, if available, electronic) must clearly identify the dock delivery discount (DDD) and the volume purchase discount (VPD) and deduct these amounts from the invoice total if offered.

Along with the monthly consolidated invoice, a monthly Proof of Delivery register with the actual received signatures for every order within that month’s period is required.

3.6 Performance Specifications

Contractors must conform to all RFR terms and requirements throughout the life of the Contract. The Trial Court will monitor the Contractor’s performance through the required reports, Court end-user feedback, and other available data.

If the Contractor’s performance is not satisfactory, and can be remedied, the Contractor will be offered the opportunity to submit and implement a corrective action plan. Depending on the severity of the unsatisfactory performance, the Trial Court may issue a written warning, financial penalty, add additional vendors, or suspend or terminate the Contract.

3.6.1 Emergency Response Plans/Preparedness

In a declared state of emergency where the safety and well-being of Commonwealth citizens are at risk, Contractors may be asked to supply the Trial Court with the commodities and/or services under the Statewide Contract on a priority basis. The Bidder’s Response should include the following:

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.

· A list of emergency contact information Including name, position/title, phone, email and cell phone.

· A list of the Bidder’s building location (s) that would be available to serve the Trial Court during an emergency.

· A description of the areas of Massachusetts that the Bidder could supply in the event of an emergency (e.g., entire State, specific city or region).

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

3.6.2 Value Added Services (for all categories)

Please describe any value-added services provided by your company that are relevant to the scope of your response to this RFR. You may provide documentation to support your statement but do not submit more than 2 pages.

3.7 Category 1A – Office Supplies & Paper Market Basket Items Market basket contract items, found in Attachment A1, Category 1 must have a fixed price for the initial 12 months of the contract.

After the first anniversary of the award the Trial Court will only consider an increase of less than 1.5% per commodity within each 12 month period. In the event of an unusual circumstance increases in excess of 1.5% will only be considered for review if documentation is provided that supports a need to negotiate a greater percentage increase for that commodity. Such documentation should include at a minimum, but not be limited to, a letter from the manufacturer or supplier on their letterhead that their prices have increased, and identifying the specific line item increases. In the event the request is denied and the Contractor will not accept the allowable maximum increase to the original pricing structure then the item must be removed from their website.

3.7.1 Category 1B – Office Supplies & Paper Non-Market Basket Items The discount off percentage for non-market basket items found in Attachment A1, Category 1B may not decrease for the life of the contract. However, it may increase at any time.

After the first anniversary of the award the Trial Court will only consider an increase of less than 1.5% per commodity within each 12 month period. In the event of an unusual circumstance increases in excess of 1.5% will only be considered for review if documentation is provided that supports a need to negotiate a greater percentage increase for that commodity. Such documentation should include at a minimum, but not be limited to, a letter from the manufacturer or supplier on their letterhead that their prices have increased. This documentation must also identify the specific item(s) in the category of non-market basket items that is being affected. In the event the request is denied and the Contractor will not accept the allowable maximum increase to the original pricing structure then the item must be removed from their website.

3.7.2 Category 2 – OEM & Non-Remanufactured Toner & Staples

Contract item pricing will not increase for the initial 12 months of the Contract.

After the first anniversary of the award the Trial Court will only consider an increase of less than 2% per commodity within each 12 month period. In the event of an unusual circumstance increases in excess of 2% will only be considered for review if documentation is provided that supports a need to negotiate a greater percentage increase for that commodity. Such documentation should include at a minimum, but not be limited to, a letter from the manufacturer or supplier on their letterhead that their prices have increased, and identifying the specific line item increases. In the event the request is denied and the Contractor will not accept the allowable maximum increase to the original pricing structure then the item must be removed from their website.

3.7.3 Categories 3 Custom Printed Stamps, Checks, & Envelopes Contract item pricing will not increase for the initial 12 months of the Contract.

After the first anniversary of the award the Trial Court will only consider an increase of less than 2% per commodity within each 12 month period. In the event of an unusual circumstance increases in excess of 2% will only be considered for review if documentation is provided that supports a need to negotiate a greater percentage increase for that commodity Such documentation must include at a minimum, but not be limited to, a letter from the Paper Mills or supplier on their letterhead that indicates why their prices have increased. In the event the request is denied and the Contractor will not accept the allowable maximum increase to the original pricing structure then the item must be removed from their website.

All Categories (1, 2 and 3) The Trial Court will always accept a higher discount off percentage (%) during the contract term.

The Trial Court reserves the right to reject any proposed increases.

3.7.4 Cost tables

Compensation will be based solely on the cost tables supplied by the Bidder and accepted by the Trial Court. Bidders must complete one cost table for each Category in which they are bidding. Attachment A1 applies to category 1, Attachment A2 applies to category 2, and Attachment A3 applies to category 3. Bidders must supply prices for all line items in the attachment for which they are bidding. If a Bidder does not respond to a line item in the category for which they are bidding they may be disqualified. No substitutions will be allowed on brand name market basket items except for Category 3

The non-market basket items, as indicated in Attachment A1, Category 1B - Office Supplies Non-Market Basket, Bidders must identify and submit their publicly accessible dated source from which they are basing the proposed price and the discount. If a Bidder does not list the publicly accessible source or if the Trial Court has difficulties accessing the publicly accessible source, the bid will be disqualified.

The cost tables are protected to allow data entry only in selected cells. Bidders must not break this protection. Bidders who break the protection and make entries in protected cells may be disqualified.

The Bidders proposed pricing must be the most advantageous price to the Massachusetts Trial Court. The price of the product must reflect any and all discounts, allowances, deviated prices, rebates and/or bill backs, inclusive of all FOB charges. No additional delivery charges will be allowed.

3.7.5 Discounts

All discounts will remain the same for the life of the Contract, including any Contract extensions or interim Contracts, except if the Contractor proposes and the Trial Court accepts a higher or lower discount(s). This includes discounts from the manufacturer suggested retail pricing, Prompt Pay Discounts, & Volume Discounts

3.7.6 Prompt Pay Discounts (PPD)

All Bidders must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the Bidder can provide compelling proof that it would be unduly burdensome.

Bidders must submit agreeable terms for Prompt Payment Discount unless otherwise specified by the Trial Court. The Trial Court will review, negotiate or reject the offering as deemed in the best interest of the Trial Court.

The requirement to offer a PPD may be waived by the Trial Court on a case-by-case basis if participation in the program would be unduly burdensome on the Bidder. If a Bidder is claiming that this requirement is a hardship or unduly burdensome, the specific reason must be documented in the Response.

3.7.7 Volume Purchase Discounts (VPD)

A Bidder will receive additional evaluation points for offering a volume purchase discount percentage (%) off based upon the total dollar amount or total quantity size of an order with one delivery locations.

If a VPD is provided, it is highly desirable that the invoice shows the amount of the VPD and deducts it from the total amount of the invoice. This is highly desirable for both manual and electronic invoices, if electronic invoice are provided. Promotional offerings approved by the SSST are exempt from the VPD during the promotional period.

3.8 Continued Qualification Based on Performance

Each contractor’s performance will be evaluated on an ongoing basis and will be utilized in determining whether or not to extend the contract. Eligible Trial Court Entities will be surveyed as to their satisfaction with the contractor’s performance under the contract. Contractor performance will also be evaluated based on:

· The number and nature of complaints received from Eligible Trial Court Entities;

· Timeliness of deliveries;

· Sufficient inventory (i.e. fill rates);

· Quality of customer service;

· Compliance with Trial Court Security Measures

· Demonstrated savings by Trial Court pricing;

· Compliance with all reporting requirements;

· Other relevant factors.

A high number of unresolved complaints or other negative performance metrics will result in a warning to the contractor and may lead to early termination or non-renewal of that Contractor’s contract. The Trial Court will be the final decision-maker in determining the level of sales or number of customers needed a Contractor needs to qualify for continuing on the contract in each category and subcategory.

Business Review reports will also be utilized to evaluate performance on an ongoing basis. Failure to submit the required reports in a timely and accurate manner may lead to early termination or non-renewal of a contractor’s contract.

3.8.1 Contract Cost Compliance Verification

At any time during the Contract, the Trial Court may require submission of documentation demonstrating that Contractors’ commodities or other charges are in compliance with their contracts. This could include copies of third-party and Contractor invoices relative to a particular transaction, copies of catalogs, or other documentation. If it is determined that items or services were charged at more than the agreed upon price, the contractor will be required to refund or issue credits to the Trial Court, and to identify procedures which will be implemented to avoid future overcharges. Repeated instances of overcharging may result in suspension from new business, contract termination, or other consequences.

3.8.2 Security and confidentiality

The Contractor shall comply fully with all security procedures of the Trial Court in performance of the Statewide Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, personally identifiable information, or commercial proprietary information in the possession of the Trial Court.

3.9 Dedicated Account Manager & Customer Service Representative A dedicated account manager will be responsible for the proper operation and administration of the Contract on a daily basis. A dedicated customer service representative will be responsible for fielding all correspondence with court staff throughout the Commonwealth and managing any questions, orders, issues, etc. The dedicated account manager and customer service representative will respond to any and all questions no later than (1) business day and preferably sooner. In the event the account manager or customer service representative is not available temporarily due to vacation, illness, etc., a temporary dedicated account manager and customer service representative must be assigned in the interim.

3.9.1 Replacement of dedicated Account Manager

If the dedicated account manager leaves the employment of the Contractor, or ceases to perform that role relative to the Contract, the Contractor must offer a replacement to the Trial Court within ten (5) business days.

It is the Contractor’s responsibility to ensure continuity of account manager’s role. If the account manager leaves, email and phone calls should be forwarded to someone knowledgeable about the Contract until a replacement is appointed. The Contractor is also responsible for maintaining a copy of the Contract, for submitting reports as required, and otherwise remaining in compliance with the Contract.

The Trial Court may require the Contractor to relieve the Account Manager if in their opinion it appears that:

· The Account Manager does not perform at the applicable skill level specified in the Contract:

· The Account Manager does not deliver work which conforms to the performance standards of the Contract; or

· Personality conflicts with the Trial Court hinders the effective functioning of the Contract.

4.0 Evaluation criteria

Bidder scores will be used to rank Bidders and will determine which Bidders will receive a Contract award.

4.1 Mandatory Requirements

All specifications are mandatory unless otherwise stated. Mandatory specifications must be met in order for a Bid to be evaluated and failure to meet all mandatory requirements could result in a Bid disqualification. In addition, certain mandatory specifications have desirable components that may be evaluated by the Trial Court. Points will not be awarded for meeting the minimum mandatory requirements. The Trial Court may determine if non-compliance with a mandatory requirement is insignificant or can be corrected.

4.1.1 Evaluation Components

The following components have points assigned in the evaluation criteria:

· Price Please note that price will carry a significant weight in the evaluation process.

The following price components will be evaluated:

- Market Basket price

- Discount-off catalog

· Customer Service (Sales and support personnel)

· Dock Delivery Discount (DDD)

· Volume Purchase Discount (VPD)

· References

· Prompt Pay Discounts (PPD)

· Value Added Section

4.1.2 Alternatives

A Response which fails to meet any material term or condition of the Solicitation, including the submission of required attachments, may lose points or be deemed unresponsive and disqualified. Unless otherwise specified, Bidders may submit Responses proposing alternatives which provide equivalent, better or more cost effective performance than achievable under the stated Solicitation specifications. These alternatives may include related commodities or services that may be available to enhance performance during the period of the Contract. The Response should describe how any alternative achieves substantially equivalent or better performance to that of the Solicitation specifications.

The Trial Court will determine if a proposed alternative method of performance achieves substantially equivalent or better performance. The goal of this Solicitation is to provide the best value of commodities and/or services to achieve the goals of the procurement.

4.2 Mandatory RFP Documents

a) Vendors must submit fully executed originals of the following documents and forms with its Technical Proposal for their proposals to be considered in compliance with this RFP:

a. Commonwealth Terms & Conditions (“T&C”) Form;

b. Vendor Acceptance Form; and

c. No Contact Policy Acknowledgement

d. Business Reference Form

b) All of the forms detailed above are attached to this RFP in Appendix A – Mandatory RFP Documents. The Commonwealth Terms and Conditions Form is also available through the Commonwealth of Massachusetts Executive Branch’s Operational Services Division (OSD) website (www.mass.gov/osd) [OSD Forms Tab].

c) Though all proposals and Mandatory RFP Documents are being submitted electronically via COMMBUYS, the Massachusetts Trial Court/OCM may request a wet-ink signature hard copy original of the T&C form at the contracting phase with the selected vendor.

d) Vendors must submit a Pricing Schedule with their Pricing Proposal Information. The Pricing Schedule is listed in Appendix B of this RFP and located in the attachments.

4.2.1 Sample Mandatory Contract Documents

The selected vendor will be required to execute and submit the following documents as part of the resulting contract (samples of which are attached to this RFP) i.) Commonwealth of Massachusetts Standard Contract Form (and all related attachments, addenda and exhibits);

ii.) Electronic Funds Transfer (“EFT”) Sign Up Form;

iii.) Verification of Taxation Reporting Information (W-9) – Massachusetts Substitute W-9 Form (“W-9”); and iv.) Contractor Authorized Signatory Listing (“CASL”) Form.

These Sample Mandatory Contract Documents are provided only for review and reference and are not to be completed or submitted as part of the RFR solicitation process.

4.3 Evaluation Components

The evaluation criteria is designed to select the proposal that offers the best value to the department. Below are the criteria and maximum points available.

4.4 Prompt Payment Discounts (PPD):

All bidders responding to this procurement must agree to offer discounts through participation in the Commonwealth Prompt Payment Discount (PPD) initiative for receiving early and/or on-time payments, unless the bidder can provide compelling proof that it would be unduly burdensome. PPD benefits both contractors and the Trial Court. Contractors benefit by increased, usable cash flow as a result of fast and efficient payments for commodities or services rendered. Participation in the Electronic Funds Transfer initiative further maximizes the benefits with payments directed to designated accounts, thus eliminating the impact of check clearance policies and traditional mail lead time or delays. The Trial Court benefits because contractors reduce the cost of products and services through the applied discount. Payments that are processed electronically can be tracked and verified through the Comptroller’s Vendor Web system. The PPD form can be found in the attachments of this solicitation.

Bidders must submit agreeable terms for Prompt Payment Discount using the PPD form within their proposal, unless otherwise specified by the OCM.