QuestionsAndAnswers.docx
DOCX document 24 KB Posted
- Attached to
- 14-IND-7518-Press
- Solicitation number
- BD-15-1025-DOCIF-7500-00000001496
- Issued by
- Plymouth County, Boston City, Massachusetts
About this file
This document contains questions and answers related to a Request for Response (RFR) for a Color Digital Printing Press System issued by the Commonwealth of Massachusetts (RFR# 14-IND-7518-Press / COMMBUYS Bid #1496). The RFR is seeking a vendor to provide a color digital printing press system, including service maintenance and repair options. The RFR requires bidders to provide print quality samples and details on flat quarterly maintenance plans, loaner press availability, press performance metrics, and replacement or repair of defective equipment. The contract term and renewal options are not specified.
The document provides clarification on pricing terms, including that vendors can provide discounted pricing based on predetermined quarterly volume for billing, and that the Commonwealth will continue to make normal lease payments during periods when the equipment is being repaired. The RFR also addresses risk of loss, early termination, and subcontracting policies. The Commonwealth's terms and conditions take precedence over any conflicting language in the RFR.
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Other files
| File | Type | Posted |
|---|---|---|
| RFR-Amendment1.docx | DOCX document | |
| Cont-Auth-Sig-Form.doc | DOC document | |
| AuthToEnter.pdf | ||
| Response-Form-A.doc | DOC document | |
| RFR-Text.docx | DOCX document | |
| Cost-Sheets.xlsx | XLSX spreadsheet | |
| Comm-Terms-Cond-Form.doc | DOC document | |
| W-9-Form.doc | DOC document | |
| Standard-Contract-Form.doc | DOC document |
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Text version
REQUEST FOR RESPONSE
Color Digital Printing Press System RFR# 14-IND-7518-Press / COMMBUYS Bid #1496
QUESTIONS & ANSWERS
| Question # |
| Created Date |
| User Created |
| Question Subject |
| Question |
| Answer |
| 1 |
| 10/03/2014 |
| Julia Lerch/Xerox Corporation |
| Print Quality Samples RFR-Text 3.2.2 |
| What date will the files be available in order to provide the required print samples? (This is not our only question. There will be addiitional questions to follow before 10/8 at 1 p.m.) Thank you |
| Please send the request for the electronic file(s) for the print sample(s) by October 24, 2014, by 12:00 noon, to: |
KPNewby@doc.state.ma.us darcyrowell@verizon.net
The request must include a complete list of names, email addresses, company and contact information for each individual.
| 2 |
| 10/07/2014 |
| Julia Lerch/Xerox Corporation |
| 3.2.11 Service Maintenance for Purchase or Term Lease |
| Bidders are asked to provide "flat" quarterly maintenance plans. Please provide more details on the requirements of a "flat" quarterly maintenance plan. |
| Vendors can provide discounted pricing based on predetermined quarterly volume for billing (versus monthly). |
Quantities beyond this predetermined quarterly volume are to be billed at the per click rate. This is to be clearly defined on Response Form A, Section 4.5.
| 3 |
| 10/07/2014 |
| Julia Lerch/Xerox Corporation |
| 3.2.11 Service Maintenance for Purchase or Term Lease |
| Section 3.2.11 requires that, "if applicable", consumable supplies be billed separately from service maintenance payments. Does "if applicable" in that sentence only mean the "supplies out" (Maintenance Plan A) pricing option? |
| “If applicable” is for Service Plan A. |
It also applies to Service Plan B for the consumables not included under the plan if any.
| 4 |
| 10/07/2014 |
| Julia Lerch/Xerox Corporation |
| 3.2.14 Loaner Press |
| Section 3.2.14 requires that, at MassCor's option, a comparable or better loaner unit be provided when the unit is not operational. Given the size and complexity of the color press unit, would MassCor consider alternatives for getting critical print needs met during such occasions (e.g., off-site printing)? |
| The option to exercise the request for loaner equipment would only be exercised in the event that there was no print capability and downtime is deemed excessive. |
| 5 |
| 10/07/2014 |
| Julia Lerch/Xerox Corporation |
| 3.2.15 Press Performance |
| The determination of machine performance is based on productive hours of 6 per business day. Please confirm that the number of downtime hours equals the number of productive hours that the equipment is unavailable for use after the downtime condition is first reported. |
| For the purpose of this formula, the number of downtime hours equals the number of productive hours that the equipment is unavailable for use after the downtime condition is first reported. |
| 6 |
| 10/07/2014 |
| Julia Lerch/Xerox Corporation |
| 3.2.15 Press Performance |
| What is meant by "effectiveness level"? |
| Issues that occur to cause downtime that are considered to be nonstandard (e.g., inferior quality, consistent jamming on stock approved to run). Normal maintenance and service are not inclusive to determine effectiveness level. |
| 7 |
| 10/07/2014 |
| Julia Lerch/Xerox Corporation |
| 3.2.15 Press Performance |
| In Section 3.2.15, there is a replacement right for MassCor in the event that the unit exceed 5% of the total productive time for 3 consecutive months. In addition, there is a credit remedy requirement in the event that the unit exceed 5% in any one month or if the unit is down for more than 3 consecutive days. So, all three remedies could result from the same equipment malfunction (meaning, a failure that extends 3 full days, on its own, would cause a best case result of 86% for the month and 95.5% result for the 3 months). Shouldn’t these remedies be mutually exclusive? |
| Based on the language in this section we have provided interpretation, however language as stated in the RFR and Commonwealth Terms & Conditions shall prevail in all instances: |
If the equipment fails for 3 full days within a month, we could request a mutual agreeable credit.
However, if the equipment was inoperative due to equipment failure in excess of 5% productive use time for three (3) consecutive months, then MassCor “reserves” the right to request replacement as specified.
| 8 |
| 10/07/2014 |
| Julia Lerch/Xerox Corporation |
| 3.2.15 Press Performance |
| Please confirm that any time in which the suppliers are denied access to performing repairs will not be counted as downtime. |
| Based on the language in this section we have provided interpretation, however language as stated in the RFR and Commonwealth Terms & Conditions shall prevail in all instances: |
If the Contractor is denied access due to not adhering to sections 3.2.11 Service Maintenance and 4.1 Department of Correction Terms and DOC Rules and Regulations, then this will be measured as downtime. Downtime does not apply to any period during which the Contractor attempts to make repairs but is denied access for reasons that are not the Contractor’s fault.
| 9 |
| 10/07/2014 |
| Julia Lerch/Xerox Corporation |
| 3.2.20 Title Liability,ROL and Insurance |
| A common industry standard pertaining to leasing is that the lessee assumes all risk of loss for the products once delivered. The RFR indicates in one place it is the Contractor's responsibility and in another that it is Masscor's responsibility (which is consistent with the common industry standard). With that noted, does MassCor accept the industry-standard full risk of loss responsibility for leases? If not, please clarify what MassCor does accept in this regard. |
| Based on the language in this section we have provided interpretation, however language as stated in the RFR and Commonwealth Terms & Conditions shall prevail in all instances: |
Contractor assumes all risk of loss and associated costs for such loss except in the case where MassCor is negligent, theft by a state employee, or damage by natural causes.
| 10 |
| 10/07/2014 |
| Julia Lerch/Xerox Corporation |
| 3.2.21 Replacement or Repair of Defective Press |
| There is the requirement that the loaner equipment shall be provided at no cost. But, the provision also states that MassCor expects to be relieved of payment obligations for the "defective" equipment. This latter position is not supportable in normal leasing arrangements. Please confirm that MassCor will continue to make normal lease payments during the period that the unit is in disrepair. |
| Based on the language in this section we have provided interpretation, however language as stated in the RFR and Commonwealth Terms & Conditions shall prevail in all instances: |
In this situation, MassCor would pay for the full amount of the lease during which time an acceptable loaner machine is operational.
| 11 |
| 10/07/2014 |
| Julia Lerch/Xerox Corporation |
| 3.2.29 Early Terminaton of Lease |
| Will a party be provided with written notice and allowed a subsequent 30 day period to cure prior to a termination for default? |
| MassCor will make every attempt to work with the Contractor and timely notice will be provided. |
| 12 |
| 10/07/2014 |
| Julia Lerch/Xerox Corporation |
| 3.2.32 Assignability |
| This provision conflicts with the Assignment provision in the Commonwealth Terms in that the Commonwealth's provision does not require prior consent for assignment of payment. Please confirm that this conflict would be resolved in favor of the Commonwealth's provision. |
| The Commonwealth’s Terms & Conditions prevail. |
| 13 |
| 10/07/2014 |
| Julia Lerch/Xerox Corporation |
| 4.13 Justified Credits |
| It is unclear what credit(s) this provision refers to. Please provide clarification as to what credits this section is addressing, so that the 2 day timeframe can be properly assessed. |
| The credits as defined in this section refer to any negotiated and agreed upon credit between the Contractor and MassCor and/or any credits resulting from a corrected invoice. |
| 14 |
| 10/07/2014 |
| Julia Lerch/Xerox Corporation |
| Subcontracting Policies (End of Appendix 2) |
| Please confirm, as appropriate, that the use of delivery/removal carriers and temporary agency personnel does not constitute subcontracting that is subject to these provisions. |
| All subcontractors are the sole responsibility of the vendor and are subject to these provisions. |
| 15 |
| 10/07/2014 |
| Julia Lerch/Xerox Corporation |
| Contract Termination or Suspension (Commonwealth Terms, Section 4) |
| Any termination of a lease for reasons other than uncured Contractor default or non-appropriation of fiscal year funds would be a termination for convenience that is subject to standard lease early termination fees. Please confirm that these industry-standard fees would not be considered as a penalty that is not allowed by this provision. |
| Bidders must provide in their Response all early termination fees and add to Response Form A. |
| 16 |
| 10/07/2014 |
| Julia Lerch/Xerox Corporation |
| Risk of Loss (Commonwealth Terms, Section 13) |
| An industry-standard leasing requirement is that the lessee assumes all risk of loss for the products once delivered. Section 13 of the Commonwealth Terms and Conditions is not clear to us on this point; it seems to be directed towards outright purchase. Does MassCor accept the industry-standard risk of loss responsibility for leases? |
| Based on the language in this section we have provided interpretation, however language as stated in the RFR and Commonwealth Terms & Conditions shall prevail in all instances: |
Contractor assumes all risk of loss and associated costs for such loss except in the case where MassCor is negligent, theft by a state employee, or damage by natural causes.
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