RFR 17TRCOFFICEEQUIPMENTREPAIR FINAL.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 Equipment Repair

Agency Document Number: 17-TRC-OFFICEEQUIPMENTREPAIR

December 5, 2016

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.

Revised: June 29, 2016

3 Specifications………………………………………………………………………………..5

3.1 Bidder Qualifications……………………………………………………………………..…….5

3.2 Performance/Service Specification and Requirements…………………………..……...……5

3.2.1 Loaner Equipment………………………………………………………………………………5

3.2.2 Geographic service and delivery areas………………………………………………….5 - 6

3.3 Statement of Work (SOW) requirements………………………………………….………...6

3.4 Compensation Structure/Pricing…………………………………………………….………….…...6

3.4.1 Travel Expenses…………………………………………………………………………………6

4 Other Terms:…………………………………………………………………………………...6

4.1. Security and confidentiality…………………………………………………………………….6

4.2 Orders…………………………………………………………………………………………….6-7

5 Evaluation PROCESS AND criteria……………………………………………..…....7-8

5.1 Mandatory RFP Documents……………………………………………………………….…

5.2 Sample Mandatory Contract Documents……………………………………………………. 8

5.3 Evaluation Components………………………………………………………………………….9

5.4 Pricing………………………………………………………………………………………………9

5.4.1 Clarification of Pricing Proposal………………………………………………………………9

5.4.2 Prompt Payment Discounts (PPD)………………………………………………………..9 -10

5.5 Best and Final Offers (BAF)) Option…………………………………………………………10

5.6 Employee requirements 10

5.7 Client References………………………………………………………………………………..10

6 HOW TO SUBMIT A quote [ all bids require the submission of electronic quoteS and must contain electronic quote submission instructions, found on the OSD forms page. ] 11

6.1 Quote Submission Method……………………………………………………………………..11

6.2 COMMBUYS Quote Submission Training and Instructions……………………………...11

6.3 COMMNUYS Support…………………………………………………………………………...11

6.4 Bid Opening Date/Time………………………………………………………………….....11-12

6.5 Quote Contents………………………………………………………………………………….12

6.6 Electronic Signatures…………………………………………………………………………..12

6.7 Withdrawing a Quote…………………………………………………………………………...12

6.7.1 Prior to Bid Opening Date/Time………………………………………………………………12

6.7.2 After Bid Opening Date/Time………………………………………………………………….12

7.0 REQUIRED TERMS FOR ALL RFRS…………………………………………………………12

7.1 General Procurement Information…………………………………………………………..12

7.2 Alterations……………………………………………………………………………………….12

7.3 Ownership of Submitted Quotes…………………………………………………………….12

7.4 Restrictions on Contract with Court Personnel………………………………………12-13

7.5 Terms and Requirements Pertaining to Awarded Contracts…………………………..13

7.6 Commonwealth Tax Exemption……………………………………………………………..13

7.7 Contractor's Contact Information…………………………………………………………...13

7.8 Publicity………………………………………………………………………………………….13

Appendix A – MANDATORY RFP DOCUMENTS 14

VENDOR ACCEPTANCE FORM……………………………………………………………………..15

NO CONTACT POLICY/RESTRICTIONS ON CANTACT WITH COURT PERSONNEL……..16

APPENDIX B - PRICING SCHEDULE ………………………………………………………………17

Appendix C - SAMPLE MANDATORY CONTRACT FORMS…………………………………..18

APPENDIX D - INSTRUCTIONS FOR VENDORS RESPONDING TO BIDS ELECTRONICALLY THROUGH COMMBUYS………………………………………………….19-22

1.0 RFR INTRODUCTION AND GENERAL DESCRIPTION

Procurement Scope and Description The Office of Court Management (OCM) of the Massachusetts Trial Court is soliciting Bidders to initiate a rate-based service agreement which would create and result in a pre-qualified, multiple vendor contract that can provide office equipment maintenance, repair, parts, purchase and service primarily on typewriters and time clocks as well as other office machinery and equipment not covered under statewide contract on an as needed basis to any or all facilities within the Massachusetts Trial Court.

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.

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 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 Commonwealth, 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. Although highly encouraged and desired that a bidder submit a response for Regions in their entirety, a bidder will not 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 are Fee for Service and/or Outright Purchase.

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

Initial Duration: Up to three years.

Renewal Options: Two options to renew, each option is for up to two years.

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

Total Maximum Contract Duration: Seven Years Anticipated Start Date: January 2017 Estimated Value of the Contract The Commonwealth makes no guarantee that any commodities or services will be purchased from any Contract resulting from this Bid. Any estimates or past procurement volumes referenced in this Bid are included only for the convenience of Bidders, and are not to be relied upon as any indication of future purchase levels.

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”

December 9, 2016 @ 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 Commonwealth 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 office equipment maintenance, repair, parts, purchase and service to primarily to typewriters and time clocks as well as other office machinery and equipment not covered under statewide contract on an as needed basis to any or all of the locations within the Massachusetts Trial Court.

3.2 Performance/ Service specifications and Requirements

3.2.1 Loaner Equipment

The Contractor shall provide equivalent loaner equipment upon request by the customer. Loaner equipment shall be provided at no cost, including shipment to the customer’s location and return of loaner equipment to the Contractor.

3.2.2 Geographic service and delivery areas

This procurement/contract will cover approximately 120 Courthouses and various Administrative and Departmental offices throughout the Massachusetts Trial Court. These locations are broken down into five regions.

Region 5: Suffolk County, Norfolk County, Dedham, Quincy and all Administrative Offices including The Executive Office of the Trial Court, Office of Court Management, Trial Court Departments, Office of the Jury Commissioner and Office of the Commissioner of Probation.

Bidders will not be disqualified if they cannot provide their services to all regions or facilities.

3.3 Statement of Work (SOW) requirements

· The vendor must provide service and preventative maintenance cleanings.

· All service calls will be responded to within 24 hours.

· All typewriters will be serviced by vendor and include all parts and labor (excluding supplies).

· When the Contractor makes a service call all machines in that court Department will be cleaned as this prevents future service calls.

· Contractor will also provide service for miscellaneous office equipment such as shredders and time clocks.

· Contractor will notify the Trial Court Contract Manager daily (if necessary) to alert the Trial Court of requests for service by Trial Courts.

· Approval will be given via email for responding to calls.

· Invoices will be paid monthly and in arrears.

· Monthly log of service calls will be submitted with invoice which details the location, contact name, reason for call, and dates of service

· Deliveries and work will be completed in a timely manner. Timely manner duration will be established by requesting facility. Complaints received by the department users of this contract to the PTL of this contract may result in immediate termination of the contract for that particular contractor.

· Delivery/Service hours are Monday – Friday, 8:30 am –4:30 pm

3.4 Compensation Structure/Pricing

This contract will be a RATE CONTRACT, which will be utilized on an as needed, as requested basis.

4.0 Other Terms

4.1 Security and confidentiality

The Contractor shall comply fully with all security procedures of the Massachusetts Trial Court in performance of the 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 Massachusetts Trial Court.

4.2 Orders

Order procedures: Delivery will be F.O.B destination with no shipping, freight delivery, handling, fuel charges or any other like charges to be paid by users of this contract. Bidders/Contractors must respond accordingly. Payment for these expenses will not be processed under this contract and the invoice will be held for payment without penalty until a credit is received.

Order Receipt and/or Work Completion Receipt: The Contractor is required to obtain department employee signatures as verification of shipment and/or work completion. It is highly encouraged that a copy of said document is attached to the vendor’s invoice in order to assist verification of receipt in the accounts payable department. Order receipts shall include origin of shipment, destination, detailed list of items including any stock #s, dates of delivery, department signature, etc. Work orders or work completion receipts shall include contractor’s name, user department and contact name, dates of service, time of service (time in and time out) detailed scope of work performed, labor hours, items used for work, department signature, etc.

Payment: Invoices will be sent on a monthly basis to the OCM Contract Manager by the contractor. Contractor invoice should include the following:

· Name, address, telephone and fax number of contractor.

· Name and address of bill to Department and deliver to Department.

· Purchase order number.

· Date of invoice and date of delivery or service.

· Detailed breakdown of items delivered or service performed.

· Name of department contact person.

· Early payment discount terms.

Charges for Quotes: Charges for quotes will not be accepted as part of this contract. The department will not process and will not be responsible for any costs associated with quotes.

Insurance, License, Permit and Approval: The contractor shall inform themselves as to, and shall comply with, the provisions of all State and local laws, ordinances and regulations applicable to and governing the work called for in this contract. The contractor must obtain all necessary licenses, permits and approvals as may be required to carry out this contract (throughout its duration) and this will be done at the contractor’s expense. The contractor shall, at all times during the entire contract duration, maintain all *necessary insurance coverage, including, but not limited to, worker’s compensation, at contractor’s expense. The contractor shall take all necessary precautions to safeguard workers and all others rightfully on the premises. Any damage resulting from contactor’s work and/or performance shall be immediately repaired at the contractor’s expense and to the complete satisfaction of the department.

This Contract is subject to available funding.

5.0 Evaluation Processs and criteria

Evaluations may be based on the following:

· Pricing

· Prompt Payment Discount

· Required Documentations/Specifications

· Business References

· Added Value

Note: An example of added value is an Alternative Option Plan. Additional points maybe given to bidders who respond to our request and indicate an alternative option plan. An alternative option plan must have the prior approval of the OCM contract manager. If the plan is accepted by the department and results in a better valued contract, then the alternative plan would be considered part of this contract. Although a bidder may submit an alternative, a response to the RFR’s original specifications is also required.

Vendor proposals should include a comprehensive description of how they will best address the scope of services required in the RFR, or any component herein. Responsive proposals that meet the submission requirements will be evaluated, scored and ranked by the evaluation team according to the evaluation criteria.

5.1 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

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 located in Appendix B of this RFP.

5.2 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 in Appendix C – Sample Mandatory Contract Documents) 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.

5.3 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.

5.4.2 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 Commonwealth. 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 Commonwealth 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 under the Forms and Terms tab 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. The OCM will review, negotiate, or reject the offering as deemed in the best interest of the Massachusetts Trial Court.

The requirement to use PPD offerings may be waived by the PMT 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 or attached to the PPD form.

Electronic Funds Transfer (EFT): All bidders responding to this RFP must agree to participate in the Commonwealth Electronic Funds Transfer (EFT) program for receiving payments, unless the bidder can provide compelling proof that it would be unduly burdensome. EFT is a benefit to both contractors and the Commonwealth because it ensures fast, safe and reliable payment directly to contractors and saves both parties the cost of processing checks. Contractors are able to track and verify payments made electronically through the Comptroller’s Vendor Web system. A link to the EFT application can be found on the OSD Forms page (www.mass.gov/osd). Additional Information about EFT is available on the VendorWeb site (www.mass.gov/osc). Click on MASSfinance.

Mark up % or Cost plus %: If this contract requires bidders/contractors to quote for materials, supplies and any other items on a “Mark up %” or “Cost Plus %”, the contractor (when requested by the department) is required to submit, to the requesting department, a copy of their original manufacturer’s invoice (or other documentation) to prove accuracy of their mark up or cost plus total. When requested by the department, the contractor shall submit this documentation within 5 working days upon the department’s request. The referencing invoice will not be processed for payment until satisfactory documentation is received; and will not be considered late payment. Any written credits shall be immediately issued to the department along with justification or error. This requirement may also be part of the contract performance evaluation. Failure to provide this documentation may result in immediate termination of contract. In addition, if the contractor is found non-compliance (not charging the department the contract rate), it may also result in immediate termination of contract.

Option to Purchase: Upon inspection, if the Vendor determines that the equipment (time clock, shredder etc.) requires replacing rather than repairs, the Vendor will notify OCM Procurement. OCM Procurement will determine if equipment will be replaced. If OCM Procurement determines that equipment should be replaced, Procurement will obtain quotes/estimates under this agreement from the awarded Vendor(s). Estimates must be submitted based on the pricing and pricing formula outlined in this bid. NO REPLACEMENTS WILL BE PERFORMED PRIOR TO RECEIVING PRIOR APPROVAL FROM THE OFFICE OF COURT MANAGEMENT.

5.5 Best and Final Offers (BAFO) Option

As part of its evaluation process, the OCM, at its sole discretion, may elect to enter into a Best and Final Offers (BAFO) process with vendors. If the BAFO process is used, the pricing considerations and overall value of the Pricing Proposals under review may be re-evaluated based on the results received from the Best and Final Offers(s).

5.6 Employee requirements

5.7 Client References

The vendor is expected to provide at least three (3) client references that demonstrate experience in delivering the type of product and services described in this RFP. Each client reference should include the following information:

i.) Name and address of the client:

ii.) Contact information for client’s representative;

iii.) Description of project, including functional purpose, goals and objectives;

iv.) Description of products and services provided; and v.) Current project status (live, completed, phase, suspended, delayed, terminated) and reasons for any delays or termination.

6.0 HOW TO SUBMIT A quote

All Bidders may begin creating and compiling Quote materials as soon as the Bid with all attachments is in the Sent document status. Bidders are instructed not to submit Quotes before the Bid Amendment Deadline has been reached (see Estimated Procurement Calendar).

6.1 Quote Submission Method

Online Quote Submission via COMMBUYS is required.

All Bidders must submit Quotes online using tools available only to Sellers registered in COMMBUYS. COMMBUYS provides Seller registration functionality at no charge. To register, go to www.COMMBUYS.com and click on the “Register” link on the front page. All Bidders who are awarded a contract resulting from this Bid, if any, will be required to maintain an active account during the duration of the Contract, by reviewing their registration information regularly and maintaining its accuracy.

6.2 COMMBUYS Quote Submission Training and Instructions

The following resources are provided to assist Bidders in submitting Quotes:

· Appendix D Instructions for Vendors Responding to Bids Electronically through COMMBUYS, which is part of this document;

· Training sessions focused on online Quote submission, if offered, are noted in the Estimated Procurement Calendar;

· An online job aid on How to Create a Quote;

· Webcast video on How to Find Bids (Solicitations) and Submit Quotes (Responses) through COMMBUYS.

6.3 COMMBUYS Support

Technical assistance is available during the procurement process. Every effort is made to respond to inquiries within one business day.

Website: Go to www.mass.gov/osd/commbuys and select the COMMBUYS Resource Center link offered under Key Resources.

Email: Send inquiries to the COMMBUYS Helpdesk at COMMBUYS@state.ma.us Telephone: Call the COMMBUYS Help Desk at 1-888-MA-STATE (1-888-627-8283). The Help Desk is staffed from 8:00 AM to 5:00 PM Monday through Friday Eastern Standard or Daylight time, as applicable, except on federal and state holidays.

Bidders are advised that COMMBUYS will be unavailable during regularly scheduled maintenance hours of which all users will be notified.

6.4 Bid Opening Date/Time

All Bids must be received by the OCM before the specified date, month, year and time displayed as the Bid Opening Date/Time in the Header Information section of the Bid in COMMBUYS. Times are Eastern Standard/Daylight Savings (US), as applicable. All Bidders are advised to allow adequate time for submission by considering potential online submission impediments like Internet traffic, Internet connection speed, file size, and file volume. The OCM is not responsible for delays encountered by Bidders or their agents, or for a Bidder’s local hardware failures, such as computers or related networks, associated with bid compilation or submission. Bids submitted via COMMBUYS are time stamped by the COMMBUYS system clock which is considered the official time of record.

6.5 Quote Contents

Bidders must comply with the requirements below.

6.6 Electronic Signatures

Quotes submitted via COMMBUYS must be signed electronically by the Bidder or the Bidder’s Agent by accepting the terms and conditions of the bid on the “Terms & Conditions” tab of the Bid in COMMBUYS. By selecting “Save & Continue” on the “Terms and Conditions” tab after accepting the terms and conditions of the bid, the submitter attests that s/he is an agent of the Bidder with authority to sign on the Bidder’s behalf, and that s/he has read and assented to each document’s terms.

6.7 Withdrawing a Quote

6.7.1 Prior to Bid Opening Date/Time

Quotes may be withdrawn using the “Withdraw Quote” button offered under the Summary tab of a submitted Quote.

6.7.2 After Bid Opening Date/Time

No Quote can be withdrawn after the Bid Opening Date/Time. If the Bidder wants to remove a Quote from consideration, contact the Strategic Sourcing Services Lead for guidance.

7.0 Required Terms for all RFRs

7.1 General Procurement Information

7.2 Alterations

It is the responsibility of each vendor to verify that it is in possession of the latest addenda or modifications to a solicitation for which it intends to bid. The Trial Court of the Commonwealth accepts no liability and will provide no accommodation to vendors who submit a bid based upon an out-of-date solicitation document.

Vendors may not alter the RFP or its components. Modifications to the body of the RFP specifications, terms, and conditions, or any other documents that would change the intent of the RFP, are strictly prohibited. Any modifications, other than where the vendor is prompted for a modification or alternative, may result in disqualification of the proposal.

7.3 Ownership of Submitted Quotes

All materials submitted by vendors in response to this RFP become the property of the Massachusetts Trial Court.

Quotes stored on COMMBUYS in the encrypted lock-box are the file of record. Bidders retain access to a read-only copy of this submission via COMMBUYS, as long as their account is active. Bidders may also retain a traditional paper copy or electronic copy on a separate computer or network drive or separate media, such as CD or DVD, as a backup.

7.4 Restrictions on Contract with Court Personnel

From the issuance of this RFP until a contract resulting from this RFP is executed by the selected vendor, any contact regarding the RFP (other than as permitted in this RFP) with personnel employed by or contracted to the Trial Court is prohibited. During this time period, no vendor shall approach any Trial Court personnel or contractor concerning this bidding and contracting process or their proposal.

Vendors currently under contract with the Massachusetts Trial Court/ OCM, or that are otherwise already providing goods or services to the Trial Court for other projects, shall not make any contact with the Trial Court/OCM regarding this RFP as part of any communications related to their pre-existing obligation. Any attempts at communication regarding the current RFP process will be considered a failure on the vendor’s part to conform to the provisions of this RFP and may result in the vendor’s disqualifications.

Violation of these conditions will be considered as sufficient cause to reject a vendor’s proposal and/or selection irrespective of any other considerations.

A copy of the No Contact Policy is included in the Mandatory RFP Documents Appendix (Appendix 1) and must be signed by the vendor.

Should the need arise, OCM may contact vendors for clarification pertaining to the particular vendor’s proposal at any time during the solicitation process.

7.5 Terms and Requirements Pertaining to Awarded Contracts

7.6 Commonwealth Tax Exemption

Invoices or invoices submitted to Massachusetts government entities must not include sales tax.

7.7 Contractor’s Contact Information

It is the Contractor’s responsibility to keep the Contractor’s Contract Manager information current. If this information changes, the Contractor must notify the Contract Manager by email immediately, using the address located in the Header Information of the Purchase Order or Master Blanket Purchase Order on COMMBUYS.

The Commonwealth assumes no responsibility if a Contractor’s designated email address is not current, or if technical problems, including those with the Contractor’s computer, network or internet service provider (ISP), cause e-mail communications between the Bidder and the SST to be lost or rejected by any means including email or spam filtering.

7.8 Publicity

Any Contractor awarded a contract under this Bid is prohibited from selling or distributing any information collected or derived from the Contract, including lists of participating Eligible Entities, Commonwealth employee names, telephone numbers or addresses, or any other information except as specifically authorized by the SST.

APPENDIX A

Trial Court Office Equipment Repair

MANDATORY RFP DOCUMENTS

i. Commonwealth Terms and Conditions Form (“T&C”)

ii. Vendor Acceptance Form; and

iii. No Contract Policy Acknowledgement.

iv. Business Reference Form

VENDOR ACCEPTANCE FORM

The undersigned is a duly authorized representative of the vendor firm listed below. The undersigned acknowledges that all terms and conditions indicated as “mandatory” of this RFP are indeed mandatory. The undersigned agrees that the RFP will be incorporated into and made part of any contract resulting from the vendor’s proposal. The undersigned further agrees to all terms and conditions of the T&C Form and the Trial Court’s Standard Contract Form as detailed in the RFP.

Vendor: _______________________________________ (Printed Name of Vendor Firm)

Signature of: _______________________________________ (Duly Authorized Representative of the Vendor)

Signatory: _______________________________________ (Printed Name & Title of Above Signatory)

Date: _______________________________________

NO CONTACT POLICY/RESTRICTIONS ON CONTACT WITH COURT

PERSONNEL

1. I/We agree to have not oral or written communication regarding the Trial Court’s Office Equipment Repair RFP outside the parameters specified in the RFP with any Trial Court employees or any other employee of the Commonwealth of Massachusetts.

2. No vendor presentation or vendor proposals shall be presented to any employee of the Trial Court who is involved directly or indirectly in the evaluation process regarding the RFP, except as permitted in the RFP.

All telephone call, e-mails, written and oral inquiries regarding the RFP process and its contents shall be handled as defined in the RFP.

4. Any requests for exceptions to this policy must be approved in writing by the Evaluation Committee.

5. This No Contact Policy is effective immediately. Any deviation from this Policy may lead to the disqualification of the vendor and person(s) involved from any further role in this RFP process.

By my signature below, I/We acknowledge that I/We have read, understood and Accept the terms of this No Contact Policy.

Vendor’s Name: _______________________________________________

Printed Name: _______________________________________________

Title: _______________________________________________

Authorized Signature: _______________________________________________

Date: _______________________________________________

APPENDIX B

PRICING SCHEDULE

a.) Vendor is to provide a complete breakdown of the costs and manner of calculation (e.g., per day, per item, flat fee etc.), for all aspects of the tasks and services proposed by the vendor in its Proposal.

NOTE: Costs that are not specifically identified in the vendor’s proposal will not be compensated under any contract awarded pursuant to this RFP.

Prompt Payment Discounts (“PPD”)

Commonwealth payments are issued through electronic funds transfer forty-five (45) days from invoice receipt. Vendors requesting accelerated payments must identify a PPD in their Pricing Schedule as follows:

Payment issued within 10 days _____% PPD;

Payment issued within 15 days _____% PPD;

Payment issued within 20 days _____% PPD;

Payment issued within 30 days _____% PPD.

Vendor agrees to standard 45 day cycle _____ (NO PPD)

APPENDIX C

SAMPLE MANDATORY CONTRACT FORMS*

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

*The mandatory contract forms are samples being provided for review and are not to be completed as part of the vendor’s proposal. Additional contract documents may be necessary for the proper negotiation and implementation of the contract resulting for this solicitation. The OCM reserves the right to include whatever documents may be necessary to properly effectuate and implement the contract. The vendor will be provided said additional documents as soon as is practicable.

appendix D

Instructions for Vendors Responding to Bids Electronically through COMMBUYS

Introduction COMMBUYS refers to all solicitations, including but not limited to Requests for Proposals (RFP), Invitations for Bid (IFB), Requests for Response (RFR), Requests for Quote (RFQ), as “Bids.” All responses to Bids are referred to as “Quotes.”

Steps for Bidders to Submit a Quote

1. Launch the COMMBUYS website by entering the URL (www.COMMBUYS.com) into the browser.

2. Enter Bidder login credentials and click the Login button on the COMMBUYS homepage. Bidders must be registered in COMMBUYS in order to submit a Quote. Each Vendor has a COMMBUYs Seller Administrator, who is responsible for maintaining authorized user access to COMMBUYS.

3. Upon successful login, the Vendor home page displays with the Navigation and Header Bar as well as the Control Center. The Control Center is where documents assigned to your role are easily accessed and viewed.

4. Click on the Bids tab

5. Clicking on the Bid tab opens four sections:

a. Request for Revision

b. Bids/Bid Amendments

c. Open Bids

d. Closed Bids

6. Click on the blue Open Bid hyperlinks to open and review an open bid

7. A new page opens with a message requesting you acknowledge receipt of the bid. Click Yes to acknowledge receipt of the bid. Bidders should acknowledge receipt to receive any amendments/updates concerning this bid.

8. After acknowledgement, the bid will open.

The top left half of the page contains the following information:

a. Purchaser

b. Department

c. Contact for this bid

d. Type of purchase

i. Open Market

ii. Blanket

e. Pre-Bid Conference details (if applicable)

f. Ship-to and Bill-to addresses

g. Any attachments to the bid, which may include essential bid terms, response forms, etc.

The top right half of the bid includes the following information:

h. Bid Date

i. Required Date

j. Bid Opening Date – date the bid closes and no further quotes will be accepted

k. Informal Bid Flag

l. Date goods/services are required

a. Delivery days

b. Shipping terms

c. Ship via terms

d. Is “no” bid – select if you will not be submitting a quote for this bid

e. Promised Date

f. Info Contact

g. Comments

h. Discount Percent

i. Freight Terms

j. Payment Terms It is important to note that the bid documents (RFR and attachments) may specify some or all of these terms and may prohibit you from altering these terms in your response. Read the bid documents carefully and fill in only those items that are applicable to the bid to which you are responding.

Update these fields as applicable to the bid and click Save & Continue to save any changes and create a Quote Number.

The page refreshes and messages display. Any message in Red is an error and must be resolved before the quote can be submitted. Any message in Yellow is only a warning and will allow processing to continue.

The following messages are received:

Terms & Conditions is not acknowledged – to resolve this, click on the Terms & Conditions tab and accept the terms. Your quote has not been submitted – information message; no action required

12. Click on the Terms & Conditions Tab. This tab refers to the terms and conditions that apply to this bid. The terms and conditions must be accepted before your quote can be submitted. If your acceptance is subject to any exceptions, those exceptions must be identified here. Exceptions cannot contradict the requirements of the RFR, or required Commonwealth standard forms and attachments for the bid. For instance, an RFR may specify that exceptions may or will result in disqualification of your bid.

13. Click the Items tab. The Items tab displays information about the items requested in the bid. To view additional details about an item, click the item number (blue hyperlink) to open.

14. The item opens. Input all of your quote information and click Save & Exit.

15. CONFIDENTIAL INFORMATION: If documents uploaded in your quote response contain confidential information (security sensitive, EFT, W9, Commonwealth Terms and Conditions), you must mark each item as confidential. The confidential column on the Attachments view allows the user to select whether the attached form is confidential or not. Place a check box under the confidential column for each confidential attached form.

16. Click on the Attachments Tab. Follow the prompts to upload and name all required attachments and forms and bid response documents in accordance with the instructions contained in the solicitation or bid documents. After uploading each individual file or form, click Save & Continue. After you have uploaded all required documents click Save & Exit. Be sure to review your attachments to make sure each required document has been submitted.

17. Click the Summary tab. Review the information and update/correct, as needed. If the information is correct, click the Submit Quote button at the bottom of the page.

18. A popup window displays asking for verification that you wish to submit your quote. Click OK to submit the quote.

If you wish to revise or delete a quote after submission, you may do so in COMMBUYS: (1) for a formal bid, prior to the bid opening date, or (2) for an informal bid (which may be viewed upon receipt), prior to the opening of your quote by the issuing entity or the bid opening date, whichever is earlier.

Bidders may not submit Multiple Quotes in response to a Bid unless the Bid authorizes Multiple Quote submissions. If you submit multiple quotes in response to a bid that does not allow multiple quotes, only the latest submission prior to the bid opening date will be evaluated.

RFR 17-TRC-OFFICEEQUIPMENTREPAIR

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

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