RFB-2024-037 - Laser Printer and Fax Toner Cartridges with on-site desktop printer maintenance _ repairs.pdf

BROOME COUNTY

RFB-2024-037 DEPARTMENT OF PURCHASING

NOTICE TO BIDDERS

BID TITLE: LASER PRINTER AND FAX TONER CARTRIDGES WITH ONSITE DESKTOP PRINTER

MAINTENANCE & REPAIRS

IMPORTANT NOTICE – BID/RFP DISTRIBUTION

The County of Broome officially distributes bidding documents through the Empire State Purchasing Group (www.bidnetdirect.com/new-york/broome-county). Copies from any other source are not considered official copies. Only those proposers who obtain bidding documents from the Empire State Purchasing Group are guaranteed to receive addendum information, if such information is issued.

If you have obtained this document from a source other than the Empire State Purchasing Group, it is recommended that you obtain an official copy by registering with this service.

ONE (1) ORIGINAL, ONE (1) DUPLICATE and ONE (1) ELECTRONIC COPY ON USB (no CDs please), of the bid shall be delivered or mailed, with any required data, in a SEALED ENVELOPE, which shall be properly identified with the following required information:

1. BIDDER'S FULL NAME & ADDRESS

2. THE BID TITLE (SEE ABOVE)

3. BID NUMBER (UPPER LEFT)

Submit proposals to: BROOME COUNTY DEPARTMENT OF PURCHASING

60 HAWLEY STREET, 4TH FLOOR

EDWIN L. CRAWFORD COUNTY OFFICE BUILDING

BINGHAMTON, NEW YORK 13901

BIDS SHALL BE SUBMITTED AND RECEIVED IN THE DEPARTMENT OF PURCHASING UP TO

AND INCLUDING 2:00 PM., WEDNESDAY, JULY 10, 2024

LATE BIDS - All bids received after the deadline date and time stated above will not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the County. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having the bid deposited on time at the place specified.

Bids shall be publicly opened and read aloud at 2:30 PM, on the above date, in a designated area assigned by the Department of Purchasing. If attending, please check with the Department of Purchasing on the fourth floor of the Edwin L. Crawford County Office Building for instructions as to where the bid opening will be held.

1.0 Facsimile machine or electronic bid responses will not be accepted.

2.0 Bidders may seek interpretation of the meaning of any of these specifications or other contract documents.

Every request for interpretation should be addressed to the designated contact person(s) listed in the specifications no later than five (5) working days prior to the date set for bid opening. Notice of all such interpretations and any supplemental instructions may be sent to all bidders of record, in the form of addenda to the specifications. All addenda so issued will then become a part of the contract documents.

3.0 All Bidders must complete, sign and submit the original and duplicate copies of the enclosed bid documents. (Extra copies of these forms should be made and retained by the bidder.)

ORIGINAL �

DUPLICATE �

Company Name

RFB-2024-037 Laser Printer and Fax Toner Cartridges with on-site desktop printer maintenance & repairs 1 http://www.bidnetdirect.com/new-york

4.0 CANCELLATION - The County reserves the right to terminate this agreement at any time upon thirty

(30) days written notice to the other party. In the event of a default and cancellation of the contract, the bidder shall be responsible for payment to Broome County of a sum equal to the additional contract costs to the County.

CANCELLATION DUE TO NON-APPROPRIATION OF FUNDS/LEASES - Broome County reserves the right to cancel the contract if the County Legislature, during the enactment of the County Budget, fails or declines to appropriate money for the continuation of the lease(s).

5.0 REJECTION OF BIDS - Broome County reserves the right to reject all bids not considered to be in the best interests of Broome County or to waive any informalities in bids received, should such procedures be in the best interests of the County.

6.0 ASSIGNMENT - It is mutually understood and agreed that the successful bidder/proponent shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or the right, title, or interest therein, or his power to execute such contract, to any other person, company, or corporation without the express, previous, written consent of Broome County.

7.0 REGULATORY COMPLIANCE - The contractor represents that all goods and services provided shall comply with all applicable standards, rules, and regulations in effect for the requirements of federal, state and local laws and regulations as applicable, including the Consumer Product Safety Act, Occupational Safety and Health Act, as amended, or other applicable laws or regulations.

USE OF FORKLIFTS AND RELATED EQUIPMENT: 29 CFR 1910.178(I)(1) contains safety requirements relating to fire protection, design, maintenance and use of fork trucks, tractors, platform lift trucks, motorized hand trucks and other specialized industrial trucks powered by electric motor or internal combustion engines. Broome County requires that all vendors that use “light industrial trucks”, as the term is defined by OSHA, provide written proof of training on the piece of equipment to be used for each employee that will use it (commonly referred to as a “forklift license”. The written documentation must certify that the operator training meets or exceeds the OSHA standard. This mandate applies to all vendors’ employees, independent contractors, and subcontractors. Failure to follow this standard shall be a material breach of your contract with Broome County. In the event of such a material breach, Broome County may exercise any/all its right at law, in equity and/or as recited in this contract.

8.0 WITHDRAWAL - ERRORS - RESCISSION OF BID

A. No Bid may be withdrawn after the bid deadline unless no award has been made within forty-five

(45) days of bid opening.

B. In the case of a unilateral bid mistake, or error, by a Bidder, on any bid proposal, legislation allows the Bidder to withdraw the bid after showing that:

1) The mistake was known, or made known to the "County, Board, or Purchasing Agent"

PRIOR to the awarding of the contract, or within three (3) days after the bid opening, whichever period is shorter.

2) The price bid was based on an error of such magnitude that enforcement would be unconscionable.

3) The bid was submitted in good faith and the Bidder submits credible evidence that the mistake was a clerical error rather than a judgmental error.

4) The error was due to an unintentional substantial mathematical error, or unintentional omission of a substantial quantity of work, labor, material, or services, made directly in the compilation of the bid (which error or omission can be shown by objective evidence drawn from certain listed documents); and

5) It is possible to put the County in "status quo ante".

THE SOLE REMEDY FOR SUCH BID MISTAKE IS WITHDRAWAL OF THE BID AND THE RETURN

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OF ANY BID SECURITY. ANY AMENDMENT OR REFORMATION OF THE BID IS EXPRESSLY

PROHIBITED.

C. ERRORS

Any errors in the bid award which are the fault of the County must be forwarded, in writing, to the Broome County Department of Purchasing within five (5) working days of the notification award.

No corrections will be made beyond that date. If errors on the part of the County are discovered too late to be corrected, we will issue a “no award” on those affected items and re-bid or quote.

9.0 RESCISSION OF AN AWARD

After an award has been made by the County, and all participating agencies notified, there will be a $250 charge to vendors who then discover a mistake in their bid award and want the award rescinded. It is costly for the County to re-figure bid awards, notify all agencies involved and change all our records.

Vendors should be careful in figuring their bids prior to submission. The vendor requesting a bid rescission will be billed by the Department of Purchasing. If the bill is not paid by the vendor, the entire award may be rescinded, and the vendor’s responsibility may be questioned for future bids.

If the successful bidder exhibits a history of back orders or delayed deliveries, the County of Broome reserves the right to rescind their award and the vendor’s responsibility may be questioned for future bids.

10.0 If the bid is for furnishing supplies, materials, equipment, or services and is based upon a QUANTITY

ESTIMATE, the bidder shall agree to furnish additional quantities, if required, at the price bid for the term of the contract.

11.0 TAX EXEMPT STATUS - Broome County is a political subdivision of the State of New York and as a government entity, is exempt under Purchase Tax Law, Section 1116. Broome County is not issued an exempt organization certificate or an ST119 with an exemption number by the New York State Department of Taxation and Finance. A copy of a Broome County Voucher, Purchase Order, or Petty Cash Form are the only certifications the vendor is required to keep for documenting the tax-exempt sale. Contractor’s questions concerning Broome County's tax-exempt status should be directed to the Department of Audit and Control

(607) 778-2178.

12.0 Price discrepancies between prices written in figures and prices written in words - the written words will be accepted as the price bid. In cases where price discrepancies written in figures between the unit price(s) and the extended totals, the unit price(s) will be accepted as the price bid.

13.0 Broome County reserves the right to evaluate and/or reject all bids in whole or in part, and to waive technicalities, irregularities, and omissions, if, in the County's judgment, the best interests of Broome County will be served.

14.0 The words, "officer" or "officer of the company", means anyone having the "authority" to obligate their principal in the bidding and contract process. This person will provide documentation that they have this authority and will furnish the documentation within 72 hours, when requested, or be considered indicative of non-responsibility and will not be given further consideration.

15.0 Broome County also reserves the right to REVISE or AMEND the bid specifications prior to the bid opening date by WRITTEN ADDENDA for reasons other than 2.0 above.

16.0 COUNTY CONTRACTS/NEW YORK STATE CONTRACTS - Broome County Reserves the right to purchase from other Municipal contract(s), New York State contracts and/or Cooperative contracts as allowed by law.

17.0 DELIVERY - If the successful bidder fails to deliver within the time specified, or within a reasonable time

RFB-2024-037 Laser Printer and Fax Toner Cartridges with on-site desktop printer maintenance & repairs 3 as determined by the Broome County Purchasing Agent or fails to make immediate replacement of rejected items when so requested or as directed by the appropriate County Department, Broome County reserves the right to purchase the same or similar item(s) from other sources to replace the item(s) rejected or not delivered.

► On all such purchases, the Bidder agrees to reimburse the County promptly for excess costs occasioned by such purchases. Should the cost be less, the successful Bidder shall have no claim to the difference. Such purchases will be deducted from the estimated quantity.

► Reimbursement to the County, as noted above, may be in the form of a “credit”, issued by the vendor and deductible from a current or future invoice. The request for credit will be documented by the ordering department, on a Broome County “charge back form”.

18.0 Should any of the instructions/information in the attached bid package vary from the above, the bid package instructions/information will take precedence.

19.0 CONTRIBUTION STATEMENT & GIFT STATEMENT

A. Election law signed statements. The county shall require a signed statement for any contract or agreement that requires formal bidding under the New York State General Municipal Law, the Broome County Charter or Local Law of Broome County that the professional business entity has not made a contribution within one calendar year immediately preceding the date of the contract or agreement which exceeded the permitted thresholds set forth in article 14 of the Election Law of the State of New York.

B. Gifts signed statement. The county shall require a signed statement for any contract or agreement that requires formal bidding under the New York State General Municipal Law, the Broome County Charter or Local Law of Broome County that discloses all gifts given, if any, by the bidding professional business entity to any officer or employee of the County of Broome.

20.0 PROPOSAL

Persons desiring to make a proposal shall use the proposal blank prepared and attached hereto. The blank places in the proposal must be filled in as noted and no change shall be made in the phraseology of the proposal or in the items mentioned herein. The specifications attached hereto are to be considered as and shall form a part of the agreement.

Each proposal shall specify the correct gross or lump sum and shall also specify the unit prices for each of the separate items if called for in the proposal. In case the amounts shown in words and the equivalents in figures do not agree, the written words shall be considered binding.

21.0 IRANIAN ENERGY SECTOR DIVESTMENT

1. Contractor/Proposer hereby represents that said Contractor/Proposer is compliant with New York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”, in that said Contractor/Proposer has not:

a. Provided goods or services of $20 Million or more in the energy sector of Iran including but not limited to the provision of oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran; or

b. Acted as a financial institution and extended $20 Million or more in credit to another person for forty-five days or more if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran.

2. Any Contractor/Proposer who has undertaken any of the above and is identified on a list created pursuant to Section 165-a (3)(b) of the New York State Finance Law as a person engaging in investment activities in

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Iran, shall not be deemed a responsible bidder pursuant to Section 103 of the New York State General Municipal Law.

3. Except as otherwise specifically provided herein, every Contractor/Proposer submitting a bid/proposal in response to this Request for Bids/Request for Proposals must certify and affirm the following under penalties of perjury:

a. “By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, that each bidder is not on the list created pursuant to NYS Finance Law Section 165-a (3)(b).”

Broome County will accept this statement electronically in accordance with the provisions of Section 103 of the General Municipal Law.

4. Except as otherwise specifically provided herein, any Bid/Proposal that is submitted without having complied with subdivision (a) above, shall not be considered for award. In any case where the Bidder/Proposer cannot make the certification as set forth in subdivision (a) above, the Bidder/Proposer shall so state and shall furnish with the bid a signed statement setting forth in detail the reasons, therefore. The County reserves its rights, in accordance with General Municipal Law Section 103-g to award the Bid/Proposal to any Bidder/Proposer who cannot make the certification, on a case-by-case basis under the following circumstances:

a. The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the Bidder/Proposer has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

b. The County of Broome has made a determination that the goods or services are necessary for the County to perform its functions and that, absent such an exemption, the County of Broome would be unable to obtain the goods or services for which the Bid/Proposal is offered. Such determination shall be made by the County in writing and shall be a public document.

22.0 EXECUTIVE ORDER 177 REGARDING ANTI-DISCRIMINATORY POLICIES AND PRACTICES

The New York State Human Rights Law, Article 15 of the Executive Law, prohibits discrimination and harassment based on age, race, creed, color, national origin, sex, pregnancy or pregnancy-related conditions, sexual orientation, gender identity, disability, marital status, familial status, domestic violence victim status, prior arrest or conviction record, military status or predisposing genetic characteristics.

The Human Rights Law may also require reasonable accommodation for persons with disabilities and pregnancy-related conditions. A reasonable accommodation is an adjustment to a job or work environment that enables a person with a disability to perform the essential functions of a job in a reasonable manner.

The Human Rights Law may also require reasonable accommodation in employment on the basis of Sabbath observance or religious practices.

Generally, the Human Rights Law applies to:

• all employers of four or more people, employment agencies, labor organizations and apprenticeship training programs in all instances of discrimination or harassment;

• employers with fewer than four employees in all cases involving sexual harassment; and,

• any employer of domestic workers in cases involving sexual harassment or harassment based on gender, race, religion, or national origin.

In accordance with Executive Order No. 177, the Bidder hereby certifies that it does not have institutional policies or practices that fail to address the harassment and discrimination of individuals on the basis of their age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected status under the Human Rights Law.

Executive Order No. 177 and this certification do not affect institutional policies or practices that are

RFB-2024-037 Laser Printer and Fax Toner Cartridges with on-site desktop printer maintenance & repairs 5 protected by existing law, including but not limited to the First Amendment of the United States Constitution, Article 1, Section 3 of the New York State Constitution, and Section 296(11) of the New York State Human Rights Law.

23.0 EXECUTIVE ORDER 16 CONTRACTING WITH BUSINESSES CONDUCTING BUSINESS IN

RUSSIA

Executive Order No. 16 provides that “all Affected State Entities are directed to refrain from entering into any new contract or renewing any existing contract with an entity conducting business operations in Russia.” The complete text of Executive Order No. 16 can be found here.

The Executive Order remains in effect while sanctions imposed by the federal government are in effect. Accordingly, vendors who may be excluded from award because of current business operations in Russia are nevertheless encouraged to respond to solicitations to preserve their contracting opportunities in case the sanctions are lifted during a solicitation or even after award in the case of some solicitations.

As defined in Executive Order No. 16, an “entity conducting business operations in Russia” means an institution or company, wherever located, conducting any commercial activity in Russia or transacting business with the Russian Government or with commercial entities headquartered in Russia or with their principal place of business in Russia in the form of contracting, sales, purchasing, investment, or any business partnership.

NOTICE: All bids received that lack:

1) a Signed Proposal;

2) a Signed Non-Collusive Bidding Certificate;

3) Samples when requested; or

4) Bid Bond / Check, when required, will be rejected as being non-responsive at the formal public bid opening.

A BID BOND IS NOT REQUIRED FOR THIS BID.

The County procurement officer(s) or employee(s) conducting the bid opening will document the non-responsiveness orally and in writing. The non-responsive bid will not be publicly read and will not be returned to the bidder.

EXTENSION OF CONTRACT TO NON-BROOME COUNTY GOVERNMENT AGENCIES AND OPEN

TO BROOME COUNTY POLITICAL SUBDIVISIONS

It is the intent of this invitation for bid that Non-Broome County Government Political Subdivisions and others authorized by law and located in the county of Broome, to participate in the contract awarded.

The County also reserves the right to allow all municipal and not for profit organizations authorized under the General Municipal Laws of the State of New York, to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to NYS GML 100 through 104. However, it is understood that the extension of such contracts is at the discretion of the vendor and the vendor is only bound to any contract between the County of Broome its participating Political Subdivisions and others authorized by law and located in the County of Broome and the vendor.

All orders will be placed by the ordering Non-Broome County Government Agency and shall be billed and make payment to the Vendor/Contractor. All Non-Broome County Government Agencies are required to make payments directly to the Vendor/Contractor.

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Upon request, non-Broome County Government agencies must furnish the Vendor/Contractor with the proper tax exemption certificate or documentation of tax-exempt status. (Purchase orders should have this information and be retained for documenting the tax-exempt sale.)

All participating Non-Broome County Government agencies and Bidders understand, acknowledge and agree that the sole responsibility in regard to performance of the contract, of any obligation, covenant, condition or term thereunder by either such party, thereto shall be borne and is expressly assumed by the participating Non-Broome County Government agencies and contractors and not by Broome County Government. In the event of a failure or breach in performance of any such contract by a non-Broome County Government agency or contractor, the Broome County Government specifically and expressly disclaims any and all liability for such defective performance or breach, and the eligible participating Non-Broome County Government agencies and contractors, agents and employees harmless from any liability that may be or is imposed by the failure of either party to perform in accordance with its obligations, covenants and the terms and conditions of this Broome County Government centralized contract.

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Risk Management & Insurance Specifications

Project Description or Contract Number

Purchase of printer cartridges with maintenance and repair services, various county locations as needed.

Date Issued May 3, 2024 Vendor name (“Contractor”) TBD County Department Info Tech Christina Zink

Please read these specifications very carefully. These specifications are part of your contract with Broome County. It is advisable that you forward a copy of these specifications to your insurance agent. Broome County’s waiver of any requirement(s) set forth herein shall not constitute a waiver of any other contract provision.

Part I. General Provisions

1. The Contractor shall procure and maintain during the term of this contract, at the Contractor’s expense, the insurance policies listed in Part II with limits equal to or greater than the enumerated limits.

2. The contractor shall be solely responsible for any self-insured retention or deductible losses under each of the required policies.

3. Every required policy, including any required endorsements and any umbrella / excess policy, shall be primary insurance. Insurance carried by Broome County, its officers, or its employees, if any, shall be excess and not contributory insurance to that provided by the Contractor.

4. Every required coverage type shall be “occurrence basis”.

5. The Contractor may utilize umbrella/excess liability coverage to achieve the limits required hereunder; such coverage must be at least as broad as the primary coverage (follow form).

6. All insurance certificates must be approved by the Office of Risk & Insurance Management. See section II for specific requirements regarding insurance proof.

7. The County reserves its right to request certified copies of any policy or endorsement thereto.

8. All insurance shall be provided by insurance carriers licensed & admitted to do business in the

State of New York and must be rated “A−:VII” or better by A.M. Best (Current Rate Guide).

9. If the Contractor fails to procure and maintain the required coverage(s) and minimum limits such failure shall constitute a material breach of contract, whereupon Broome County may exercise any rights it has in law or equity, including but not limited to the following:

(a) immediate termination of the contract,

(b) withholding any / all payment(s) due under this contract or any other contract it has with the vendor (common law set-off), OR

(c) procuring or renewing any required coverage(s) or any extended reporting period thereto and paying any premiums in connection therewith. All monies so paid by Broome County shall be repaid upon demand, or at the County’s option, may be offset against any monies due to the Contractor.

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10. Neither Party shall permit a subcontractor to enter upon or continue the performance of this Agreement unless such subcontractor is and remains insured in accordance with the requirements listed hereunder. Any such subcontracting Party shall indemnify the other Party for any loss suffered by the non-subcontracting Party for the failure of any subcontractor to be so insured. The indemnity shall survive expiration or termination of the Agreement.

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Part II. Required Insurance – Minimum coverage types and amounts.

Coverage Type Minimum Limits Commercial General Liability (CGL) including:

Products & completed operations shall not be excluded.

Broome County shall be named additional insured. The additional insured endorsement for the insurance shall not contain any exclusion for bodily injury or property damage arising from completed operations.

Proof of additional insured coverage shall be evidenced through a carrier issued endorsement. (ISO CG 20 10 11 85 or equivalent)

$1,000,000 / $2,000,000 Per occurrence / minimum annual aggregate limit

Automobile Liability (Comprehensive Form) Must cover owned, non-owned and hired vehicles

$1,000,000 Combined Single Limit

Workers’ Compensation and Employer’s Liability See #2 If you have no employees (sole proprietor) you may provide an affidavit of exemption. (CE-200) if the box to the left is checked

Statutory amount / $100,000

Disability Insurance See #3 If you have no employees (sole proprietor) you may provide an affidavit of exemption. (CE-200) if the box to the left is checked

Statutory limits

1. The certificate face shall:

indicate coverage(s) (other than Workers’ Compensation & Disability) & minimum amounts required in part II.1 provide that the coverage(s) shall not be cancelled, terminated, or materially changed (including an insurance limits reduction) unless thirty (30) days prior written notice has been given to the County Office of Risk & Insurance Management.

Disclose all policy exclusions.

Disclose the amount of self-insured retention or deductibles.

Show Products & completed operation.

2. Proof of Workers’ Compensation Coverage must be provided on NYS issued WCB form C-

105.2 or U-26.3. Exemption should be provided on CE-200

3. Proof of Disability Coverage must be provided on NYS issued WCB form DB-120.1 or DB820/829 or DB-155. Exemption should be provided on CE-200

4. The Additional Insured & Certificate Holder should read:

County of Broome Attn: Office of Risk & Insurance Management PO Box 1766 Binghamton, NY 13902-1766

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Part III Defense and Indemnification

The following provisions concerning indemnification shall not be construed to indemnify the County for damages arising from bodily injury to persons or property contributed to, caused by, or resulting from the sole negligence of the County or its employees.

The Contractor agrees to indemnify and hold the County of Broome and any officer, employee and/or agent thereof free and harmless from any and all losse(s), penalty(ies), damages, settlement(s), cost(s), charge(s), professional fee(s) or other expense(s) or liability(ies) of every kind arising from or relating to any and all claim(s), lien(s), demand(s), obligation(s), action(s), proceedings or causes of action of any kind in connection with, or arising directly or indirectly from the negligent error(s) and/or omission(s) and/or act(s) of the Contractor (including Contractor’s employees, agents or and/or subcontractors) in the performance of this agreement.

Without limiting the generality of the preceding paragraphs, the following shall be included in the indemnity hereunder: any and all such claims, etc., relating to personal injury, death, damage to property, or any actual or alleged violation of any applicable statute (including specifically but not limited to New York State Labor Law §§ 200; 202; 240 & 241), ordinance, administrative order, executive order, rule or regulation, or decree of any court of competent jurisdiction in connection with, or arising directly or indirectly from, errors and/or negligent acts by the Contractor, as aforesaid,.

Part IV Safety

Broome County specifically reserves the right to suspend or terminate all work under this contract whenever Contractor and/or contractor’s employees or subcontractors are proceeding in a manner that threatens the life, health, or safety of any of contractor’s employees, subcontractor’s employees, county employees or member(s) of the general public on county property. This reservation of rights by Broome County in no way obligates Broome County to inspect the safety practices of the Contractor.

If Broome County exercises its rights pursuant to this part, the contractor shall be given three days to cure the defect, unless Broome County, in its sole and absolute discretion, determines that the service cannot be suspended for three days due to Broome County’s legal obligation to continuously provide contractor’s service to the public or Broome County’s immediate need for completion of the Contractor’s work. In such case, Contractor shall immediately cure the defect.

If the Contractor fails to cure the identified defect(s), Broome County shall have the right to immediately terminate this contract. In the event Broome County terminates this contract, any payments for work completed by the Contractor shall be reduced by the costs incurred by Broome County in re-bidding the work and /or by the increase in cost that results from using a different vendor.

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DEPARTMENT OF PURCHASING

SPECIFICATIONS

FOR

Laser Printer and Fax Toner Cartridges with onsite desktop printer maintenance & repairs

Broome County Information Technology is requesting bids to purchase Laser Printer and Fax Toner Cartridges with onsite desktop printer maintenance & repairs.

All bids shall be submitted in accordance with the attached instruction sheets and Instruction to Bidders.

CONTRACT TERM

The term of the contract will be for two (2) years and will commence on or about on or about September 1, 2024 and terminate on August 31, 2026 with the option to renew for one (1) additional period of three (3) years following the approval of the County’s Board of Acquisition and Contract (BAC), Notice of Award and issuance of a Purchase Order(s) and receipt and approval of a satisfactory ‘certificate of insurance w/endorsement’.

Broome County reserves the right, upon mutual agreement with the vendor, to renew this contract, under all the same terms and conditions for one (1) additional period of three (3) years as follows:

BASE CONTRACT: September 1, 2024 through August 31, 2026 1st Renewal Option: September 1, 2026 through August 31, 2029

CONTRACT

The bid specifications herein delineated shall constitute the contract referenced herein.

CONTRACT RENEWAL - ESCALATION/DE-ESCALATION*

Broome County shall have the option, at its sole discretion, to renew this agreement for one (1) additional period of three

(3) years upon the same terms and conditions. Except that the amount payable shall be increased, decreased, or remain the same, in accordance with the applicable change or no change in the Consumer Price Index-All Urban Consumers (Current Series) Northeast (All Items) (Not Seasonally Adjusted).

The method for determining the percentage of increase or decrease will be as follows:

1. Determine the last month of the current contract;

2. Count the last month of the current contract as one and count back in time a total of four (4) calendar months;

3. Use this calendar month and go back in time to the same month one year earlier. This will be the period that the increase or decrease percentage will be based. This period will be called Broome County’s Designated CPI Base Year.

4. If the calendar month of the base year is lower than the last calendar month in the base year, the percentage of difference will result in an increase in prices. If the first calendar month of the base year is higher than the last calendar month in the base year, the percentage of difference will result in a decrease in prices. If the first calendar month and the last calendar month in the base year are the same, no increase or decrease will take place and the contract prices will remain the same for the renewal period.

5. Once the result of the difference in the percentage from the first month and the last month has been established, this percentage must be divided by the first month figure in the Broome County Designated CPI Base Year to obtain the percentage of increase or decrease to be used in the renewal contract.

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*Even though this contract may be renewed at the sole option of the County, the County recognizes that the successful bidder is entitled to an annual adjustment based on the increase or decrease in the Consumer Price Index as indicated above. Awarded vendor shall provide updated pricing for review no later than June 30 of each year.

DEPARTMENT CONTACT

Christina Zink is the contact person for this bid. They can be reached at christina.zink@broomecountyny.gov.

DETAILED MINIMUM SPECIFICATIONS

In consideration of Broome County purchasing the approximate number of printer laser toner cartridges listed on the face of the agreement, the selected vendor agrees to provide maintenance (during normal business hours), inspection, adjustments, parts replacement, drums, and cleaning material required for the proper operation as determined by the selected vendor for all eligible equipment. It is understood that the scope of services shall include only printer toner cartridges and maintenance kits. No other services shall be expected or required. If Broome County does not purchase the approximate quantities listed, there will be no penalties applied.

Service agreement eligibility for each printer is activated upon purchase and installation of the cartridges for the equipment listed on the face of this agreement.

During the term of this agreement, the vendor agrees to perform maintenance and repairs that will keep the equipment in good working order and condition, normal wear and tear excepted. If the vendor is notified by Broome County during the term of the agreement that the equipment is not in good working condition, the vendor will, during normal established service hours, make necessary adjustments and replacement of parts.

Awarded vendor shall be able to respond on short notice to any Printer Malfunction that may have been caused by the Vendor’s toner cartridge and provide full service to the printer to return it to working order within 48 hours and at no cost to the County.

Broome County agrees that the vendor will not be required to make adjustments, repairs or replacements resulting from (i) unauthorized third parties performing maintenance, repair or replacement, (ii) unauthorized equipment alteration and tampering or interconnection with non-compatible equipment, (iii)failure of improper telephone or electrical power, (iv) Acts of God, lightning or other incidents of excess voltage or power surges, (v) using toner, drum processing units, etc.

from any source other that the service provider.

Awarded vendor shall hold sufficient inventory to assure delivery within 48 business hours.

Bidders shall have prior successful experience providing toner cartridges for at least one (1) year at a rate of at least two hundred (200) cartridges per month.

Upon request, awarded vendor shall supply to the County a usage report. The report must be clearly titled (Company name, contact information, dates of report period).

In the event the manufacturer discontinues or replaces a product, Vendor may request the County substitute a new product or model on the contract. The County may allow the Vendor to provide a substitute product, upon confirmation that the product has been discontinued. Pricing for such a product replacement or substitute must not exceed the current price of original product.

RESTOCKING FEES - There will be no restocking or shipping charges for items ordered or received due to vendor error, or defective items.

Restocking fees will not apply if vendor has presented a particular product as suitable and fit for the purpose described by the County herein or upon order by the County, and the product fails to perform as advised and/or specified, that shall be defined as a Vendor error. No restocking charge shall be charged to the County. Further, if such fitness could not have

RFB-2024-037 Laser Printer and Fax Toner Cartridges with on-site desktop printer maintenance & repairs 13 mailto:christina.zink@broomecountyny.gov been determined until the product had been in use, the County may return the product opened and used within 30 days of receipt without penalty or charges due to the County.

Restocking fees will not apply to new & unused toners, returned in original packaging, however, Broome County will pay the shipping cost.

Restocking fees not to exceed 10% may apply for the return of new & unused custom item(s). Broome County will pay the shipping cost.

TONER CARTRIDGE SPECIFICATIONS - Bidder shall furnish new original equipment manufacturer (OEM) or compatible new manufacture toner cartridges that have been manufactured to specifications equal to or exceed the latest standards or the guidelines adopted by the Standardized Test Methods Committee (STMC), the American Society for Testing and Materials (ASTM) and the International Safe Transit Association (ISTA), including the ASTM F 1856 Standards, ASTM F 335 and F 2036 Standards and ISTA – Integrity Procedure 1A Standards (ISTA 1A).

Upon request, samples shall be required within two (2) working days. Samples shall be sent under separate cover with complete Bid Title marked on the outside of the shipping carton. Each sample shall be tagged with the vendor’s name and other pertinent information. Do NOT include samples with the bid. Samples shall be sent free of charge to Broome County. If the samples are not destroyed by the evaluation, they will, upon request, be returned to the bidders at their expense.

Broome County may add or remove cartridges throughout the life of the contract based on the needs of the County.

COMPATIBLE TONER CARTRIDGES - Bidder shall certify that its manufactured toner cartridges have been tested in accordance with the above standards and guidelines and that its cartridges have met or exceeded those tests.

Bidder shall have facilities, skilled personnel, equipment, and parts available to completely service, maintain, overhaul, and repair any laser printer listed in this solicitation.

Upon request, bidder shall provide documentation demonstrating that service personnel have completed training sufficient to completely service, maintain, overhaul, and repair any laser printer listed in this solicitation.

Bidder shall provide verification that the company (or the manufacturing company) has a densitometer, test printers and applicable operation procedures to perform on-site toner cartridge testing. If bidder does not have a densitometer, test printers and applicable operating procedures, bidder shall provide detailed information regarding it’s (or the manufacturer’s) on-site toner cartridge testing.

Bidder shall furnish documentation with this bid indicating the current and expected failure rate of toner cartridges supplied under this contract.

CARTRIDGE PACKAGING - Bidder shall clearly label each toner cartridge with the manufacturer's/supplier's name and cartridge model number.

It is desirable that all corrugated packaging contain a minimum of 35% post-consumer recycled content and provide certification from the carton manufacturer/supplier to verify the actual percentage of recycled content.

The external carton or an internal shipping invoice shall identify toner cartridge type (make and model), the bidder's name, address and telephone number, and the purchase order number. All cartridge boxes or internal shipping invoices will also bear the date of manufacture and use by date for shelf life and inventory purposes.

DEFECTIVE CARTRIDGES - Replacement cartridge(s) shall be provided at no expense within 2 (2) business days.

Replacement cartridges shall be properly marked as replacements and identified by the purchase order number.

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WARRANTY - The bidder shall warrant the manufactured toner cartridges against defects in material and workmanship for a minimum of one year from the date of manufacture.

If problems occur with printers due to a bidder's defective manufactured toner cartridge, bidder shall provide: (1) a competent factory-trained authorized service technician to repair printer within two (2) working days, or (2) shall reimburse the buyer for any printer service performed due to the bidder's defective cartridge.

USED CARTRIDGE RECYCLING COLLECTION - Bidder shall have a program for the collection of all used and empty toner cartridges.

WASTE TONER RECYCLING OR DISPOSAL - The bidder shall ensure that remaining toner in used cartridges is recycled or disposed of in a manner that complies with all environmental and human health and safety laws.

QUANTITY

Quantities listed on the PROPOSAL SHEET are ESTIMATED quantities. Payment shall be made at the UNIT PRICE BID for ACTUAL QUANTITIES ordered, delivered to, and accepted by Broome County during the contract. Broome County reserves the right to order or not to order the estimated items and to order less or more of any item.

No "minimum delivery" or other charges shall be allowed or accepted by Broome County.

DELIVERY

Delivery shall be made to the ordering department, indicated by the “ship to” address on the purchase order.

The bidder shall indicate on the attached proposal sheet the guaranteed delivery date in number of days from placement of order by Broome County. In no event shall the guaranteed delivery date exceed 2 days from the date of said placement of order without prior approval of Broome County.

The vendor shall not charge delivery, shipping, or fuel surcharges.

INSPECTION

Broome County reserves the right to inspect all items prior to acceptance of goods and reserves the right to reject all non-conforming goods.

PRICING

All bids shall be made on a price per unit.

All unit prices proposed should include service and delivery.

All unit prices proposed shall exclude all taxes, as Broome County, by law, is tax exempt.

AWARD

Award shall be made to the responsive and responsible bidder proposing the lowest grand total price, whose proposal complies with all provisions to render it formal and legal.

NOTE: Cash discounts, offered by bidders for accelerated payment, will NOT be considered in the evaluation of proposals.

Broome County reserves the right to reject all bids not considered to be in the best interests of Broome County.

Bidders may withdraw their bids if no award has been made within forty-five (45) days of bid opening.

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PAYMENT

The Successful Vendor(s) will furnish invoicing to the Broome County user department. Invoices will be paid by Broome County, on a "Net 30 Days" basis.

Payment will be made in accordance with the terms of the Purchase Order, or the Seller's invoice, whichever are more favorable to Broome County. For purposes of any applicable cash discount, payment date therefore shall be calculated from the receipt of invoice or final acceptance of the goods, whichever is later.

Failure to correctly invoice Broome County will result in an automatic rejection and non-payment until a new, corrected invoice, with the necessary information is mailed to the Broome County "Invoice to" department. The date of receipt of the corrected invoice will be used by Broome County for payment processing. A history of incorrect invoices will be grounds for termination of the contract.

NOTE: Discounts for prompt payment will NOT be considered in the evaluation of proposals.

INSURANCE

Successful Bidder(s) must furnish proof of insurance (in accordance with the attached requirement sheet), to Risk & Insurance upon notice of award.

INDEMNIFICATION

The Contractor agrees to defend, indemnify and save harmless the County of Broome against any and all claims, demands, suits, losses, costs and liabilities to which the County may be subjected by reason of injury or death of persons including, but not limited to, that of the Contractor, its subcontractor, the County and its agents, employees, licensees and invitees, sustained during the term of contract, including, but not limited to, death due to injuries sustained during the term of contract, or in connection with the performance of this contract, or arising from liens or claims for services rendered or labor or materials furnished in or for the performance of contract, including, but not limited to, injury, death or damage resulting from the acts or omissions, negligent or otherwise, of the Contractor, its subcontractors or their agents, employees, licensees or invitees.

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PROPOSAL SHEET

Laser Printer and Fax Toner Cartridges with on-site desktop printer maintenance & repairs

The undersigned proposes and offers to furnish and deliver, for Broome County, Laser Printer and Fax Toner Cartridges with on-site desktop printer maintenance & repairs the specifications for which are attached. This proposal and offer is guaranteed to fulfill the minimum specifications as prepared by Broome County.

** This submission constitutes a certification that no Broome County Officer or employee has any interest herein. In the event that any Broome County Officer or employee has any such interest, the full nature thereof shall be disclosed.

NAME OF COMPANY: _______________________________________________________________

ADDRESS OF COMPANY: _______________________________________________________________

NAME & TITLE OF

OFFICER OR PERSON

SIGNING THIS BID: _______________________________________________________________

SIGNATURE: ______________________________________________

DATE: __________________________________

TELEPHONE NUMBER: __________________________________

FAX NUMBER: __________________________________

800 NUMBER: __________________________________

E-MAIL ADDRESS: ______________________________________________________

NOTE: By signing and submitting this bid for consideration by Broome County, the vendor acknowledges that they have read, understand and agree to all aspects of the specifications as presented without reservation or alteration. The signer acknowledges that he/she is authorized to submit this bid.

BIDDERS MUST SUBMIT THIS ORIGINAL SHEET AND AN EXACT, CLEAR DUPLICATE.

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VARIATION AND JUSTIFICATION SHEET

____I do not have any variations to the published specifications

____I have variations to the published specifications (explanation below):

NOTICE:

*Make as many additional copies as necessary to factually document variances. Failure to properly document variances, etc., will be indicative of non responsiveness and no further consideration will be given

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NON-COLLUSION BIDDING CERTIFICATE

Laser Printer and Fax Toner Cartridges with on-site desktop printer maintenance & repairs

NON-COLLUSIVE BIDDING CERTIFICATION:

"(a) By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and…