RFQ Specs.docx

STATE OF MAINE

DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES

BUREAU OF GENERAL SERVICES

DIVISION OF PURCHASES

RFQ # 18B 17072500000000000046

APC Uninterruptible Power Supplies (UPS)

Quotations/Responses Due: 8/08/2017 not later than 4:00 p.m. local time

Note: All questions and responses must be provided via the State of Maine’s e-Procurement system: AdvantageME / Vendor Self Service (VSS).

General Instructions on Bidder Questions It is the responsibility of each Bidder to examine the entire RFQ and to seek clarification by submitting questions through the Q & A List tab on the Solicitation page. Any answers to questions will appear there as well. It is the vendor's responsibility to log in to view all questions and answers posted. Additional information obtained any other way will not be valid.

In the event that you must contact us for any other reasons than the Q & A previously mentioned, only the Buyer listed on the Solicitation page may be contacted from the time this RFQ is issued until award notification is made. No other person/State employee is empowered to make binding statements regarding this RFQ. Violation of this provision may lead to disqualification from the bidding process, at the State’s discretion.

Summary For this competitive Request for Quotations (RFQ) process, the State of Maine Division of Purchases (“Division”) is acting on behalf of Office of Information Technology (“Requesting Department”). The Division and the Requesting Department seek quotations (also referred to as “bids” or “responses” herein) to provide the goods/services listed above. This document provides instructions and descriptions of requirements for this competitive process.

RFQ REQUIREMENTS

1. Description of Requirements The following is a description of the goods and/or services sought by the State of Maine under this RFQ.

· Please see Appendix B

2. Bid Contents Requirements In addition to the cost, delivery, and other information required in VSS, all bids should contain the following information as attachments, in the Appendices listed below:

· Appendix A: Bid Cover Page

· Appendix B: Detailed Specifications

· Appendix D: Municipality Participation

3. Master Agreement Term In addition to any mutually agreed upon delivery dates for purchases of goods, the contract resulting from this RFQ will have a term, or “Period of Performance”, during which the contract is considered to be in effect. The anticipated contract term is defined in the table below. Please note that the dates below are estimated and may be adjusted as necessary in order to comply with all procedural requirements associated with this RFQ and the contracting process. The actual contract start date will be established by the completed and approved contract.

Contract Renewal: Following the initial term of the contract, the Division may opt to renew the contract for two renewal periods of one year each, subject to continued availability of funding and satisfactory delivery/performance.

The term of the anticipated contract, resulting from this RFQ, is defined as follows:

Renewal Period #1

Renewal Period #2

4. Submitting a Quotation

a. Quotations Due: Quotations must be received no later than 4:00 p.m. Eastern Standard Time (EST), on the date listed in VSS. Quotations received after the 4:00 p.m. deadline will not be accepted.

b. Submission Instructions: Bidders must submit their bids in the State of Maine’s electronic procurement system: Advantage “Vendor Self Service” (VSS). More information on this system can be found at the following internet link: http://www.maine.gov/purchases/venbid/rfq.shtml.

c. Multiple Quotations: Unless specifically prohibited in Section 1 of this RFQ, Bidders are permitted to submit multiple quotations for this RFQ, offering alternative items or pricing for the State of Maine to consider in its best value determination.

d. Withdrawal of a Quotation: Bidders are permitted to withdraw their own quotations up until the due date and time for receipt of quotations. To do so, a Bidder must enter the VSS system (as referenced above), identify and open their submitted quotation located in the Solicitation Responses tab, and click the “Withdraw” button found at the bottom of the screen. Quotations cannot be withdrawn after the due date and time for receipt of quotations.

e. Attachments: Any attachments provided with the Advantage VSS bid submission must be in MS Word, MS Excel, or Adobe (.pdf) format, unless otherwise specified in Section 1 of this RFQ. Vendors are encouraged to submit supporting documentation that aid the requesting department in understanding how the bid conforms to the requirements. The VSS attachment file size limit is 2Mb. Please contact the buyer for this RFQ if you must submit attachment files larger than this.

f. Vendor specifications: Unless otherwise stated in this RFQ document, limited specification information will be required upon submission of a bid in response to this RFQ. However, a Bidder’s response should include an affirmative statement that their bid complies with all requirements of this RFQ, unless the Bidder specifically addresses how its bid differs from the specifications, and why the differences should be deemed acceptable by the State.

5. General Instructions

a. The Bidder must submit a cost quotation response that covers the goods and term of the contract, including any optional renewal.

b. The cost quotation shall include the costs necessary for the Bidder to fully comply with the contract terms and conditions and RFQ requirements.

c. Failure to provide the requested information may result in the exclusion of the quotation from consideration, at the discretion of the Division.

d. No costs related to the preparation of the quotation for this RFQ or to the negotiation of the contract with the Department may be included in the quotation.

e. The State is exempt from the payment of Federal, State and local Taxes on articles not for resale. Please provide quotations that do not include these taxes. Upon application, an exemption certificate can be furnished by the State at the point of contract finalization.

6. Quotation Evaluation and Selection Evaluation of the submitted quotations shall be accomplished as detailed below:

a. State of Maine RFQ documents are evaluated on a Best Value basis. The term “Best Value” may take into consideration the qualities of the goods or services to be supplied, their conformity with the specifications listed in the RFQ, the purposes for which they are required, the date of delivery, and the best interest of the State. Once the goods or services have been determined to conform to the specifications then the Division will make its award decision based on the lowest price among the Bidders.

b. At the discretion of the Division, if a Bidder’s submission is deemed to not conform to the specifications listed in the RFQ, or otherwise not conform to the requirements of the RFQ, then that Bidder’s submission may not be considered for contract award.

c. In the event that no Bidder submission conforms to the specifications of this RFQ, then the Division may choose not to make any award. Alternatively, the Division may make an award to the Best Value Bidder whose specifications most closely meet the specifications of this RFQ. For example, if there are five specification requirements, and two responses are received with one Bidder meeting four requirements, and one bidder meeting three requirements, then the Division, at its discretion, may make a contract award to the Bidder meeting four requirements.

d. If the specifications provided with this RFQ are of a technical nature, then the Division’s RFQ Coordinator, at his or her discretion, may seek to use an evaluation team comprised of subject matter experts, end-users from the Requesting Department, or other State Department representatives. In such a case, the evaluation team will judge the merits of the quotations received in accordance with the best value criteria defined in the RFQ.

e. Maine Business Consideration for commodities or services valued at $50,000 or more

i. Award will be made to Maine Businesses who propose a cost within 5% of the low cost bid submitted by a non-Maine Business, if they have an equivalent specification. Best value considerations may affect the outcome of the bid evaluation.

ii. Equivalent specification means that bids being considered meet or exceed specifications provided in the RFQ document including any best value considerations, or are equal in specification as described above in section c.

iii. Definition of a Maine Business

1. A Maine business is one that can certify and show proof of each of the following:

a. Physical location within the borders of Maine

b. Employment of at least one Maine resident

c. Subject to State of Maine taxes such as the following:

i. Business Income, or Corporate Income

ii. Property

iii. Employment – Unemployment, worker’s compensation

iv. Bidders, who want to be considered a Maine Business for evaluation and award purposes, must certify by their signature on the Proposal Cover page that they meet the definition of a Maine Business. Upon the award of a contract on the basis of this consideration, additional proof may be required from an awarded Maine Business.

v. The use of this information in making contract award decisions is required in accordance with Executive Order 2017-003, which states “Evaluators of competitive bids for goods and services shall give consideration to the investment in the State by business enterprises as a best-value criterion. Consideration for Maine business enterprises may result in low cost or top scoring bids not being considered as the best-value for the State of Maine.”

7. Negotiations

a. No Best and Final Offers: The State of Maine will not seek a best and final offer (BAFO) from any Bidder in this procurement process. All Bidders are expected to provide their Best Value pricing with the submission of their quotation.

b. The Division reserves the right to negotiate with the successful Bidder to finalize a contract at the same rate or cost of goods and services as presented in the selected quotation. Such negotiations may not significantly vary the content, nature or requirements of the quotation or the RFQ to an extent that may affect the price of goods or services requested. The Division reserves the right to terminate contract negotiations with a selected Bidder who submits a proposed contract significantly different from the quotation submitted in response to the RFQ.

c. In the event that an acceptable contract cannot be negotiated with the highest ranked Bidder, the Division may withdraw its award and negotiate with the next-highest ranked Bidder, and so on, until an acceptable contract has been finalized. Alternatively, the Division may cancel the RFQ, at its sole discretion.

TERMS AND CONDITIONS FOR RFQ AND CONTRACT

PART I GENERAL INFORMATION ON RFQs A. Purpose and Background The State of Maine (“State”) Department of Administrative and Financial Services (“Department”), Bureau of General Services (“Bureau”), Division of Purchases (“Division”) acts as the purchasing agent on behalf of all Executive Departments and other agencies within State Government. For this competitive Request for Quotations (RFQ) process, the Division is acting on behalf of the Requesting Department listed on the cover page. The Division and the Requesting Department seek quotations (also referred to as “bids” or “responses” herein) to provide the goods/services as defined above in Section 1 of this document. This document provides instructions for submitting quotations, the procedure and criteria by which the Bidder(s) will be selected, and the contractual terms which will govern the relationship between the State and the awarded Bidder(s). Following Bidder selection and upon reaching a mutual agreement, the State and the selected Bidder will enter into a contract – taking the form of a State of Maine Master Agreement or Buyer Purchase Order (all generally referred to as “contract” herein), as applicable.

B. General Provisions

C. Eligibility to Submit Bids Public agencies, private for-profit companies, and non-profit companies and institutions are invited to submit bids in response to State of Maine Requests for Quotations.

D. Delivery Terms For the purchase of goods, the Division and selected Bidder will decide upon a delivery date in accordance with the State’s requirements and the terms offered in the Bidder’s quotation. Unless stated otherwise in Section 1 of this RFQ, all deliveries are expected with shipping terms of “Free on Board (FOB) – Destination”. The State intends for this to mean that all goods shall be priced in the bid response to include shipping charges, if any, to the State’s desired location. The “FOB – Destination” shipping term is also intended to mean that the State shall not bear any responsibility for the goods in question until the State takes possession of them at the destination point of delivery.

E. Alternate Bids and Approved Equals When, in bid forms and specifications, an article or material is identified by using a trade name and catalog number of a manufacturer or vendor, the term “or approved equal,” if not inserted with the identification, is implied. Any Bidder that seeks to propose an alternate item from what is specified in this RFQ should refer to State of Maine Statute 5 MRSA §1825-B, for “Bids, awards and contracts”, found here: http://www.mainelegislature.org/legis/statutes/5/title5sec1825-B.html F. Appeal of Contract Awards Any person aggrieved by the award decision that results from this RFQ may appeal the decision to the Director of the Bureau of General Services in the manner prescribed in 5 MRSA § 1825-E and 18-554 Code of Maine Rules, Chapter 120 (found here: http://www.maine.gov/purchases/policies/120.shtml). The appeal must be in writing and filed with the Director of the Bureau of General Services, 9 State House Station, Augusta, Maine, 04333-0009 within 15 calendar days of receipt of notification of contract award.

If this RFQ results in the creation of a pre-qualified or pre-approved list of vendors, then the appeal procedures mentioned above are available upon the original determination of that vendor list, but not during subsequent competitive procedures involving only the pre-qualified or pre-approved list participants.

PART II CONTRACT ADMINISTRATION AND CONDITIONS

A. Contract Document

B. Independent Capacity In providing services and performing under the contract, the successful Bidder shall act independently and not as an agent of the State of Maine.

C. Payments and Other Provisions The State anticipates paying the selected Bidder for goods and services received, on the basis of net 30 payment terms, upon the receipt of an accurate and acceptable invoice. An invoice will be considered accurate and acceptable if it contains a reference to the State of Maine contract number, contains correct pricing information relative to the contract, and provides any required supporting documents, as applicable, and any other specific and agreed-upon requirements listed within the contract that results from this RFQ.

The State of Maine reserves the right to pay for goods purchased through this solicitation by any of several available means, which include but may not be limited to check, EFT, and/or procurement card. Bidders are advised that state statute precludes sellers from imposing a surcharge on credit or debit card purchases (text follows):

“9-A MRSA §8-303 (2): A seller in a sales transaction may not impose a surcharge on a cardholder who elects to use a credit card or debit card in lieu of payment by cash, check or similar means.”

Appendix A

STATE OF MAINE

DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES

DIVISION OF PURCHASES

BID COVER PAGE and DEBARMENT FORM

Bidder’s Organization Name:

Chief Executive - Name/Title:

Headquarters Street Address:

Headquarters City/State/Zip:

(provide information requested below if different from above)

Lead Point of Contact for Bid - Name/Title:

Street Address:

City/State/Zip:

By signing below Bidder affirms:

· Their bid complies with all requirements of this RFQ; and

· This bid and the pricing structure contained herein will remain firm for a period of 180 days from the date and time of the bid opening; and

· That no personnel currently employed by the Department or any other State agency participated, either directly or indirectly, in any activities relating to the preparation of the Bidder’s proposal; and

· That no attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a proposal; and

· The undersigned is authorized to enter into contractual obligations on behalf of the above-named organization.

Name:

Title:

Authorized Signature:

Date:

State of Maine RFQ # 18B 17072500000000000046

Rev. 5/9/17 Debarment, Performance, and Non-Collusion Certification

By signing this document I certify to the best of my knowledge and belief that the aforementioned organization, its principals, and any subcontractors named in this proposal:

1. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from bidding or working on contracts issued by any governmental agency.

1. Have not within three years of submitting the proposal for this contract been convicted of or had a civil judgment rendered against them for:

0. fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state or local government transaction or contract.

0. violating Federal or State antitrust statutes or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

0. are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and

0. have not within a three (3) year period preceding this proposal had one or more federal, state or local government transactions terminated for cause or default.

1. Have not entered into a prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, equipment, or services and this proposal is in all respects fair and without collusion or fraud. The above mentioned entities understand and agree that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards.

· Failure to provide this certification may result in the disqualification of the Bidder’s proposal, at the discretion of the Department.

To the best of my knowledge all information provided in the enclosed proposal, both programmatic and financial, is complete and accurate at the time of submission.

Name:

Title:

Authorized Signature:

Date:

Appendix B

DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES

DIVISION OF PURCHASES

DETAILED SPECIFICATIONS

RFQ # 18B 17072500000000000046

APC Uninterruptible Power Supplies (UPS)

The State of Maine, Office of Information Technology (OIT), has chosen APC Uninterruptible Power Supplies (UPS) as its UPS solution for the protection of the State of Maine’s distributed voice and data network infrastructure, with an installed base of more than 500 APC UPS’s across the State. OIT uses APC UPS equipment and has built its service and status monitoring around that equipment. OIT uses SolarWinds Orion network performance monitoring software to monitor UPS status/performance and to alert when issues arise or replacement is required.

The purpose of this Request for Quotes is to select a vendor to supply APC UPS’s, and related parts, software or cabling, for a period of three (3) years. The State is soliciting quotes to get best equipment prices, using global discount level pricing, for APC's line of uninterruptible power supplies. The State of Maine does not seek and will not consider proposals offering other equipment and services. OIT operates two major data centers in Augusta Maine. Data center UPS service and support has been procured separately and is out-of-scope of this agreement.

The State of Maine seeks the best available pricing and service features for this equipment.

Planning and Ordering OIT will plan and size the UPS needed for each site. OIT will issue purchase orders for equipment. OIT will maintain records of UPS equipment in-service.

Warranty, Maintenance and Support All product supplied under this agreement should be priced to include standard warranty on APC products.

Trade-Up Program If the bidder offers a trade-up (equipment exchange) program, describe the program, any special program terms and how the value of the trade-in is determined. Describe how the trade-up program will affect the discount percentage. Describe how trade-in equipment will be picked up (packaging and shipping details) from Augusta, Maine.

Disposal Unless a trade-up/in program is adopted, the State of Maine will dispose of batteries through its standard surplus property process unless defective and returned for swap. Batteries, after removal from service, are returned to Augusta, Maine.

Optional Removal and Install Services The State is considering including services for occasional vendor replacement of UPS equipment at existing State sites. That is, vendor UPS delivery to State location, vendor removal of in-service UPS (or batteries), vendor installation of replacement UPS/batteries, vendor confirmation the equipment is operating properly and vendor drop off of removed equipment at the State of Maine Central Maine Commerce Center buildings in Augusta, Maine. This work would only be done at in-service/existing sites not new sites. No electrical wiring changes beyond plug/un-plug of equipment would be performed. Vendor staff would be escorted by a State employee to the network closet. These service visits could occur anywhere State offices are located across the State of Maine.

· Vendor staff replacing equipment may come into contact with confidential information whether in paper, on worker screens, etc. Vendor and vendor personnel shall not disclose such information. Vendor and vendor personnel shall comply with all information security terms of resulting agreement.

· Vendor staff may be required to pass a finger print based background check, or tax check, if assigned to work on selected sites.

Terms:

· Vendor must be an APC Reseller;

· Provide a certificate that Vendor is an authorized APC Reseller;

· The State reserves the right to use the NASPO Value Point Computer Equipment and Peripherals Agreement if pricing is better through that channel;

· Equipment or parts to be delivered within 14 business days from the receipt of an order;

· All shipping and handling costs for delivery to Augusta, Maine must be included at no additional cost;

· Payment for equipment, parts, etc. after delivery of service/items to the State per standard terms;

· Award will be in the form of a Master Agreement and the contract will be for three (3) years with two (2) one (1) year optional renewal extensions.

Bid Cost Format Vendors must specify their global discount as a percentage off manufacturer’s suggested retail price (MSRP) for APC's complete line of uninterruptible power supplies and add-ons. Vendors must complete table A below and submit it with the bid response. Vendor shall also provide proof of APC reseller status or equivalent.

For the purpose of this bid the following rate charts should be completed. OIT has selected some of the more commonly installed products as a basis for evaluating the bids. OIT is not ordering this equipment now but, is selecting a vendor to supply the equipment over three (3) years. OIT may order other UPS equipment not quoted below under the resulting Master Agreement based on its technical requirements. Bidders must complete the following cost table. The APC Smart-UPS X 1500VA Rack/Tower LCD 120V with Network Card pricing is requested with a quantity of 10 because that is the most frequently installed model of UPS.

A. Discounted cost for commonly purchased UPS equipment inclusive of all shipping and handling costs to Augusta Maine:

· Use the total discounted price above, highlighted in green, for the response to the computer quote request.

· Include/attach this completed form with the RFQ response.

B. Optional Removal and Install Service:

a. Identify if bidder can provide these services.

b. Bidder response shall indicate how charges to the state shall be calculated.

i. Travel time if applicable including how determined and minimum/maximum charge and mileage charges.

ii. Hourly rate including overtime rates if applicable

iii. Minimum time (charge) to be billed per service call.

iv. State will consider a flat labor and travel cost per service call.

c. Provide a cost quote for the service. This is not a mandatory service. Insert rates below.

The State will select the best value bid respondent based on the bid cost table (A) and establish a 3-year Master Purchase Agreement with that vendor. This agreement may be used by any State of Maine government unit.

Appendix C

DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES

DIVISION OF PURCHASES

COST RESPONSE

RFQ # 18B 17072500000000000046

APC Uninterruptible Power Supplies (UPS)

All responses to this RFQ will require a cost quotation response, in a format selected by the State of Maine. That format is described below.

Please download this document to your desktop, fill out required sections (Appendix A Bid Cover Page & Debarment Form), and attach to your response in VSS, along with requested documents. For your electronic response in VSS, please put the total price in the contract amount field.

Requested documents:

Appendix D

DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES

DIVISION OF PURCHASES

Municipality Political Subdivision and School District Participation Certification

RFQ # 18B 17072500000000000046

APC Uninterruptible Power Supplies (UPS)

The Division of Purchases is committed to providing purchasing opportunities for municipalities, political subdivisions and school districts in Maine by allowing them access, through our vendors, to our contract pricing. A bidder's willingness to extend contract pricing to these entities will be taken into consideration in making awards.

Will you accept orders from political subdivisions and school districts in Maine at the prices quoted?

_____ Yes

_____ Yes with conditions as follows:

______ No

Name of Company:

Address:

Signature: ___________________________________________________________________________________

Date: ________________________________________________________________________________________