STATE OF CONNECTICUT

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  • 1. STATE OF CONNECTICUT RFP ADDENDUM RFP NO.: RFP-18 NEW 6/98 04PSX0044 DEPARTMENT OF ADMINISTRATIVE SERVICES Joe Giliberto PROCUREMENT SERVICES Proposal Due Date: Buyer Name 165 Capitol Avenue, Room 5th Floor South 18 March 2004 (860)713-5096 PO Box 150414 Buyer Phone Number HARTFORD, CT 06115-0414 RFP ADDENDUM #4 DESCRIPTION: Office Equipment FOR: All Using State Agencies and Political Sub Divisions PROPOSERS NOTE: The linked Excel Spreadsheets have been updated because of format issues. OE_Schedule_Updated_Addendum_4.xls OE_Schedule_Updated_Addendum_4_COLOR.xls Please Note: Proposer should only fill the cells highlighted in yellow. This Addendum must be Signed & Returned with your Proposal. Authorized Signature of Proposer Company Name APPROVED_________________________________ JOSEPH GILIBERTO Contract Specialist (Original Signature on Document in Procurement Files) Date Issued: 10 February 2004
  • 2. STATE OF CONNECTICUT RFP ADDENDUM RFP NO.: RFP-18 NEW 6/98 04PSX0044 DEPARTMENT OF ADMINISTRATIVE SERVICES Joe Giliberto PROCUREMENT SERVICES Proposal Due Date: Buyer Name 165 Capitol Avenue, Room 5th Floor South 18 March 2004 (860)713-5096 PO Box 150414 Buyer Phone Number HARTFORD, CT 06115-0414 RFP ADDENDUM #3 DESCRIPTION: Office Equipment FOR: All Using State Agencies and Political Sub Divisions PROPOSERS NOTE: Attached are the remaining answers to the submitted questions and links to Excel spreadsheets OE_Schedule_Updated_Addendum_3.xls and OE_Schedule_Updated_Addendum_3_COLOR.xls that are provided with format changes only. And OE_Exhibit _2.xls containing updated fleet information (highlighted in yellow). This Addendum must be Signed & Returned with your Proposal. Authorized Signature of Proposer Company Name APPROVED_________________________________ JOSEPH GILIBERTO Contract Specialist (Original Signature on Document in Procurement Files) Date Issued: 10 February 2004
  • 3. Office Equipment RFP #04PSX0044 - Additional Responses to Vendor RFP Questions RFP Excel Grids/ PDF File Worksheet/ Sub-Section Page # Question DAS Response Page 8, Instructions to Vendors, Paragraph C: The Corporate Resolution will only be requested from Please clarify what the state meaning of the successful Vendor(s) and will be clarified at that PDF File Instruction to Vendors 8 Corporate Resolution is? time. Can the State provide a copy of the "Authorized The State is unable to provide this document at this Supervisor Agreement" that is identified in the time, but it will be provided to the successful Vendor(s). PDF File A. Secure Facilities 23 "Identification Badges" clause on page 23? What is the approximate loss of CPM in a fully- This percentage corresponds to the loss in CPM speed networked environment (%)? of the printer when receiving information through a Excel Grids Copiers network in comparison to its CPM speed when connected to a single computer. Where should vendors fill-in printing capabilities Other than the RFP Schedule provided, please attach and pricing that are not part of the standard any additional pricing information with you proposal. Excel Grids Printers mainframe(s)?
  • 4. STATE OF CONNECTICUT RFP ADDENDUM RFP NO.: RFP-18 NEW 6/98 04PSX0044 DEPARTMENT OF ADMINISTRATIVE SERVICES Joe Giliberto PROCUREMENT SERVICES Proposal Due Date: Buyer Name 165 Capitol Avenue, Room 5th Floor South 18 March 2004 (860)713-5096 PO Box 150414 Buyer Phone Number HARTFORD, CT 06115-0414 RFP ADDENDUM #2 DESCRIPTION: Office Equipment FOR: All Using State Agencies and Political Sub Divisions PROPOSERS NOTE: 1. The due date for the proposal has been extended to 2:00 PM EST on Thursday, March 18, 2004. 2. Remanufactured Copiers – Please note that the wording on the RFP for page 28, Section A, Copier Definitions - New and Remanufactured, for the definition of Remanufactured copiers. The full definition of Remanufactured Copiers is as follows: "Remanufactured copiers undergo extensive refurbishing after a period of use before they are offered for resale or rental. With remanufactured equipment, the features, functions, and model remain the same." 3. Dealer Authorization – Please disregard the second paragraph of section N. “Dealer Authorization” on page 34 of the RFP. 4. Secure Facilities – Please disregard the following sentence on page 23, Secure Facilities: “The Vendor is also required to provide emergency telephone numbers and contact personnel that are available 24 hours, 7 days per week, including holidays." 5. Updated Office Equipment data for the State’s copier fleet profile will be provided shortly in another Addendum. This will include additional copier data information. 6. Copier Accessory Pricing – Please note that two (2) additional worksheets in the file named “OE_Schedule_Addendum_2” for New and Remanufactured copiers have pricing schedules for monthly pricing for accessories. However, Vendors MUST propose accessory pricing on a CPC basis. Monthly pricing for accessories can be proposed at the Vendor’s discretion. 7. “Innovative Proposals” – Vendors may submit an innovative proposal as an attachment. However, Vendors MUST COMPLETE ALL REQUIRED information on the pricing schedules and qualitative questions in the file “General Vendor Information” for the proposal to be considered complete. 8. New Microsoft Excel files included in this addendum: • “OE_Schedule_Addendum_2” – Same as previous “OE_Schedule” file the following additions. Contains formatting updates and two additional worksheets as noted in Proposers note #6 above. • “OE_Schedule_Addendum_2_COLOR” – Contains same format as the previous “OE_Schedule,” but includes schedules for Vendors proposing on COLOR copiers and printers. Listed below are responses to potential Proposers for questions submitted prior to the 5:00 PM EST, February 26, 2004 deadline. Proposers are reminded that additional questions will not be accepted or answered past the deadline listed above.
  • 5. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response How can a small business that does not provide services to The State may award this Contract in whole or in part to Canon, Ricoh, Savin, or Xerox, even bid on this portion of the any number of Vendors based on the best interest of the contract? The State is perpetuating a monopoly for State. AT LEAST one Connecticut certified SBE/MBE PDF File Introduction 5 essentially two or three vendors. vendor will be on the new contract award. For owned equipment, the State will award Vendor(s) to maintain the existing fleet. Is their an opportunity for small business to bid on specific SBE/MBE vendors are strongly encouraged to respond to pieces of the RFP? this RFP. As it is clearly stated in the RFP, the State intends to have AT LEAST one SBE/MBE vendor on the PDF File Introduction 5 contract award. This RFP is for digital copiers, printers, fax machines and the maintenance of the machines. How does the State plan to ensure that small business is SBE/MBE vendors are strongly encouraged to respond to represented in all aspects of bid? this RFP. As it is clearly stated in the RFP, the State intends to have AT LEAST one SBE/MBE vendor on the PDF File Introduction 5 contract award. This RFP is for digital copiers, printers, fax machines and the maintenance of the machines. It seems this bid is geared toward eliminating small business First, SBE/MBE vendors are strongly encouraged to from competing. The first two items speak to “Leveraging the respond to this RFP. As it is clearly stated in the RFP, the State’s buying power, and consolidating the vendor base.” State intends to have AT LEAST one SBE/MBE vendor on PDF File Introduction 5 This may be a contradiction in terms, as there is no way a the contract award. Second, this is an RFP, not an ITB. small business can service the entire state fleet. This RFP is for digital copiers, printers, fax machines and the maintenance of the machines. RFP Introduction, page 6 states "The State welcomes "One of more parts of this RFP" is in reference to copiers, proposals from Vendors that can provide devices and printers, fax machines, and maintenance being the four services for one or more parts of this RFP." For clarification general parts of this RFP. PDF File Introduction 6 purposes, can Vendors assume that each Schedule is a "part" of the RFP and respond only to certain Schedules? The last sentence under the heading “Introduction” (page 6) The intent is to make a contract award that is in the best states that “With the future award, current contracts may be interest of the State. cancelled if it serves the best interest of the State.” Does the State intend to cancel the remaining term of any in-place PDF File Introduction 6 lease or rental commitment, or does this refer to canceling the ordering agreement, preventing any additional placements under that contract? Due Date: We would respectfully request a minimum two At this time, the State shall grant an extension to the due week extension of the return date. This would allow us to date to 2 PM EST on Thursday, March 18, 2004. prepare a fully comprehensive response and adequately PDF File Process and Timing 7 respond to the significant amount of information required.
  • 6. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response The information needed to put together a quality response to At this time, the State shall grant an extension to the due this RFP will be very difficult and near impossible to have date to 2 PM EST on Thursday, March 18, 2004. completed by March 11. There are 3 different segments to this, as well as the SBE participation component. We want to do a quality job and gain the State of CT's business over the next 3+ years. We are asking for an extension on this RFP PDF File Process and Timing 7 for 30 days? That would give adequate time to research your requirements, once questions have been answered and give you the quality response you are looking for. Please advise. Page 8, Instructions to Vendors,Paragraph C: Please clarify The State will provide an answer by the end of the week. Instructions to what the state meaning of Corporate Resolution is? PDF File 8 Vendors RFP Terms and Conditions / Section B (Pg.10). refers to This is in reference to prior to the contract award--the time B. Stability of valid pricing for a 90 day period. Is this prior to the contract period during which there will be vendor presentations and PDF File 10 Proposed Prices award or can the pricing change during the contract term? negotiations. Page 9, Section C. Amendment or Cancellation of the RFP: In Yes, this will be part of negotiations prior to finalizing the the event the State amends or modifies the RFP, and said contract award. Any addendum to the RFP will be issued C. Amendment or amendment or modification has the effect of rendering all or prior to the RFP due date. PDF File Cancellation of the 10 part of Vendor’s Proposal non-compliant; will the State permit RFP the Vendor to respond to these amendments and/or modifications so as to bring its Proposal in compliance? Is the State going to make one complete award to a vendor The State may award this contract in whole or in part in the for each category? So if you are awarded in the Copier best interest of the State. The State does not have a pre- PDF File F. Award Basis 10 section you will be awarded all 10 bands? determined number of vendors that will be selected. Pg.12 Section Q-speaks about highest scoring vendor. Can Yes. The selection criteria is noted on page 36 of the RFP Q. Execution of PDF File 12 the State tell us what the formula will be to determine the document. The weights of the selection criteria will not be Contract stack rankings? disclosed at this time. Section Q, “Execution of Contract”: can you provide context in Yes. The State will have a liquidated damages clause, Q. Execution of PDF File 12 which the State would include a liquidated damage clause? which will be finalized during negotiations. Contract Q. Execution of What does the liquidated damages clause pertain to? This pertains to a breach of contract by the vendor. PDF File 12 Contract
  • 7. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response Page 10 Section M & Page 12 Section U: To the extent that a Please refer to page 13, section U of the RFP for submitted Proposal should contain information and/or information regarding FOIA. material that is proprietary and confidential to the Vendor, will U. Freedom of PDF File 13 the State afford the Vendor any security as regards the Information publication of said information and/or material in the form of a Non-Disclosure Agreement or other such contractual instrument? Has the State’s PeopleSoft ERP system been implemented The State expects to migrate to Core-CT and EDI, with PDF File X. E-Commerce 13 and fully functional? 100% compliance in the future. Most manufacturers can perform the EDI capabilities at No. EDI is a requirement, not a value added cost. Vendors added administrative costs, that will indirectly be passed on to will bear the costs associated with EDI that are related to PDF File X. E-Commerce 13 the State. Does the State view EDI capabilities as a value- the Vendor. add? And at what cost? On page 13 of the RFP, you reference the use of Core CT, a No. There are not any transaction fees. People soft-based on-line ordering system that would be used in conjunction with this contract. Would the vendor be responsible for any transaction fees associated with receiving PDF File X. E-Commerce 13 orders through this on-line ordering system, such as those that were charged for the Orderlink system? If so, what will that fee be in terms of percent of the total order? All three of my suppliers want to bid with me and list me as a Purchase orders would be made directly to the SBE distributor. I'm concerned that I will not be recognized for manufacturer or the SBE/MBE vendor. As stated in the my SBE status. Would I have to provide anything if they management reports, the State will require reporting of sub- submit the bid? Also, if the manufacturers can list us as an contractors to identify the amount of purchases from PDF File Y. SBE/MBE 14 SBE, who would own the leases and rentals under the SBE/MBE vendors in Office Equipment. program to partner with SBE/MBE vendors? Would purchase orders be made out to us as a sub or directly to the manufacturer. If a Manufacturer responds to this bid and has authorized Should the manufacturer use SBE/MBE vendors as sub- dealer (s) who are SBE/MBE certified with the State of CT, is contractors, the detailed management reports that the State the Manufacturer given the extra points or does the SBE/MBE will require will provide both the manufacturer and Contract PDF File Y. SBE/MBE 14 have to bid directly to get the award mentioned on page 14. Users credit for working with SBE/MBE vendors. As stated in the selection criteria on page 36, the ability to partner with SBEs is a criterion for non-SBE vendors. Many, if not most, small businesses do not have this One option could be to partner with a manufacturer. PDF File Y. SBE/MBE 14 capability and the cost would be prohibitive, thus blocking our ability to compete. Is a vendor required to submit with their response, the actual Yes. The Connecticut SBE/MBE vendor certification must PDF File Y. SBE/MBE 14 certificates and supporting documentation verifying their be completed prior to the contract award. SBE/MBE status?
  • 8. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response It says that under the set aside, 25% of business would go to The State has a 25% supplier diversity requirement for all nd SBE/MBE vendors. However, the 2 paragraph on this page, of its purchases of goods and services. For Office it also states, “If”, DAS determines that it is in the best Equipment specifically, the State has not established a PDF File Y. SBE/MBE 14 interests of the State, DAS reserves the right to award specific percentage of the business for SBE/MBE vendors. portion(s) of this RFP to at least one certified SBE/MBE However, at least one Connecticut certified SBE/MBE vendor. vendor will be on the new contract award. With the effort to reduce the number of vendors, we are For Office Equipment specifically, the State has not concerned about the role of small business to participate in established a specific percentage of the business for PDF File Y. SBE/MBE 14 this bid. How does the State plan to ensure that small SBE/MBE vendors. However, at least one Connecticut business is represented in all aspects of bid? certified SBE/MBE vendor will be on the new contract award. Regarding the “Subletting or Assigning of Contract” clause on No, the State does not accept third party financing. B. Subletting or page 15; are vendors allowed to utilize third party financing PDF File Assigning of 15 companies to invoice and collect payments in the Contract performance of the contract? D. Federal Pg. 16, Federal Procurement Contract Requirements and At this time, the State cannot anticipate federal grant Procurement Provisions. How much federal grant activity might be activity. Only equipment acquired under federal grants PDF File Contract 16 involved in this contract? Shouldn't the contract cancel for the would be cancelled, and not the entire contract. Requirements and portion that is covered by federal grant activity and not the Provisions whole contract? Under the terms of the “Additions” clause on page 18; does The State may cancel the ordering agreements, which are the State intend to cancel the remaining term of any in-place the current contracts listed in the RFP, if it is in the best PDF File B. Additions 18 lease or rental commitment, or does this refer to canceling the interest of the State. ordering agreement, preventing any additional placements under that contract? Are the reporting requirements for UConn defined as "end For UConn, regular reporting must be done at the D. Management user level reporting" or "departmental level reporting"? department level. PDF File 18 Reports Quality and Service Requirements, Section O, Billing states This will cover all acquired equipment (copiers, printers, "Vendor shall issue, in arrears, monthly itemized invoices to and fax machined). Acquired is defined as equipment D. Management each ordering agency. Does this requirement apply to purchased, leased or on a CPC program. This must be PDF File 18 Reports purchased equipment or leased equipment only? itemized. With respect to the last bullet on page 18 under the There is not a set quantity of items that non-SBE vendors “Management Reports” clause; can you please explain should purchase from CT certified SBE/MBE vendors. exactly what non-SBE vendors are supposed to be purchase However, non-SBE vendors should be aware that the State D. Management from SBE/WBE vendors in order to fulfill contractual will award a portion(s) of this contract to at least one PDF File 18 Reports requirements, if any, in the performance of the contract? Connecticut certified SBE/MBE vendor.
  • 9. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response On page 18 of the RFP, section D "Management Reports," Yes. Monthly reporting will be required for copiers, printers, D. Management does DAS require the monthly activity reports for all laser fax machines, and their maintenance. PDF File 18 Reports printers, fax machines, and copiers? It seems as if the report is a copier based report. Pg. 19. Section I. Transfer of Data. Please remove this An example of transfer of data is if the State used a copier section or identify the information data to transfer back to with a hard drive, the hard drive data would be removed PDF File I. Transfer of Data 19 DAS. Would all orders have to be sent back to DAS at and transferred back to the State. contract end? This question also applies to Section J regarding data transfer. With respect to the 2nd bullet under the terms of the The State may cancel the ordering agreements, which are “Termination of Contract and Vendor Liability” clause on page the current contracts listed in the RFP, if it is in the best J. Termination of 20; does the State intend to cancel the remaining term of any interest of the State. PDF File Contract and Vendor 20 in-place lease or rental commitment, or does this refer to Liability canceling the ordering agreement, preventing any additional placements under that contract? Can the State provide a copy of the “Authorized Supervisor The State will provide an answer by the end of the week. PDF File A. Secure Facilities 23 Agreement” that is identified in the “Identification Badges” clause on page 23? For what purpose do the contact personnel that are required This text will be removed in the addendum. On page 23 of in “Secure Facilities” on page 23 need to be available on a 24the RFP, Contract User Specific Clauses, the State will x 7 basis? Is it for the servicing of equipment? remove the following: "The Vendor is also required to PDF File A. Secure Facilities 23 provide emergency telephone numbers and contact personnel that are available 24 hours, 7 days per week, including holidays." In the item labeled “Management Reports” on page 18, the While the State requires management reports for each C. Technical Service/ sixth bullet requires that vendors provide meter reads by PIN agency, UConn requires reports at the department level. Maintenance (account code) for units located at UConn. Do key operators To have department level reporting, the PIN (account code) PDF File Requirements – 23 intend to provide meters in this fashion to the vendors? is the department identifier. University of Connecticut (UConn) On page 23 of the RFP there is a request for two (2) full time, Yes, this would be for the service of UConn's copier C. Technical Service/ on-site technicians at UCONN's Storrs campus. Are these machines. Maintenance technicians purely intended to service copiers? Put another PDF File Requirements – 23 way, would the on-site service work at UCONN be aimed University of entirely at copier service? Connecticut (UConn)
  • 10. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response The “Technical Service/Maintenance Requirements-UConn” The State does not have all of the detailed information for clause on page 23 outlines the demand for two full-time on- all locations. The incumbent vendors for particular Contract site technicians. While a profile of UConn’s copier population Users failed to provide comprehensive copier equipment is provided on page 25, the information provided on the OE information. This type of detailed information will be Exhibits is dramatically different. Many of the data fields have required in the new contract award. Please note that the been left blank, but it appears as though there are a total of Vendor's ability to provide detailed reporting in a timely only 43 leased units and 35 purchased units which have been fashion is part of the selection criteria in this RFP. C. Technical Service/ identified at the Storrs location (provided that the entries Maintenance without city names are all located at Storrs), with an identified PDF File Requirements – 23 monthly average of approximately 334,000 copies. The cost University of to provide the two full-time on-site technicians would be Connecticut (UConn) prohibitive. I would request that this requirement be eliminated. If it cannot, please provide a complete list of all equipment, and their associated volumes so that we may formulate a price. Where, and in what format, would you like vendors to respond to this requirement? Please explain UConn and the information that refers to this UConn has over 400 copiers on its main campus in Storrs. C. Technical Service/ account. What is different about UConn and what you are This Contract User has far and away the greatest Maintenance looking to accomplish in the RFP? concentration of copiers in a single location. Therefore, the PDF File Requirements – 23 number of copiers at this location would merit two on-site University of technicians on its own based on historical usage. Connecticut (UConn) C. Technical Service/ I would also request that the requirement to provide a detailed No. Detailed, monthly reporting will be required. Maintenance service report on each copier placed, every month, be PDF File Requirements – 24 eliminated from these same clauses. University of Connecticut (UConn) I would respectfully request that the service response times No. Contract Users across the entire state must be able to C. Technical Service/ referenced be changed to read “an average of two (or four) have the same response time. Maintenance business hours and that the uptime be calculated as an PDF File Requirements – 24 average for the installed fleet rather than for each unit. University of Connecticut (UConn)
  • 11. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response The last paragraph of each clause speaks to the meter The State does not have objections to a mutual agreement reading process. It is unclear whether the RFP is requiring the between the Contract Users and the Vendor to read C. Technical Service/ vendor to physically take a meter read from each unit or if the meters. However, this will be the responsibility of the Maintenance Contract User is responsible for providing the same to the Vendor on the contract award. PDF File Requirements – 24 vendor. I would request that the manner in which meter reads University of be gathered be left to the mutual agreement of individual Connecticut (UConn) Contract Users and Vendors. Product and Services Demand Profile, Section C, General The Vendor is required to build these costs into their price. Service Requirements, Paragraph 3, Delivery states "Successful Vendor shall bear all costs of transportation, C. General Service packing, crating, delivery, installation, storage, and service PDF File 25 Requirement under warranty..." This Vendor would like to request that the State make Installation a separately orderable line item in the Schedules as not all End Users will require installation services. Product and Services Demand Profile, Section C, General The Vendor is required to build these costs into their price. Service Requirements, Paragraph 3, Delivery states "Vendor It is in the best interest of Contract Users and the Vendor(s) shall provide operator training at each location at no that end users are properly trained. Properly trained end additional cost..." Paragraph 8, Training. As previously users will allow the State to maximize the equipment's stated, this Vendor would like to request that the State make potential, resulting in increased number of copies made. C. General Service PDF File 25 Training a separately orderable line item in the Schedules as An increase in the number of copies made translates to Requirement not all End Users will require training services.This Vendor higher revenue for the Vendor under a CPC program. would like to request that the State make Training a separately orderable line item in the Schedules as not all End Users will require training services. Product and Services Demand Profile, Section C, General This refers to all acquisitions, except purchases. Service Requirements, Paragraph 5, Equipment Removal. C. General Service Paragraph 1, Acquisition and Usage Agreement. These PDF File 25 Requirement paragraphs appear to apply only to leased equipment. Please clarify. Are there any instances where the State of Connecticut would These details may be negotiated, or modified, as necessary consider holding title? E.g. If we could demonstrate that the during negotiations and prior to the contract award. C-1. Acquisition and state holding title to the equipment would be financially PDF File 25 Usage Agreement beneficial, would this be negotiable?
  • 12. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response In the “Acquisition and Usage Agreement” clause on page 25, Yes. This is correct. it states that “Vendor shall hold title to all Office Equipment for the term of the placement.” I assume this applies only if the C-1. Acquisition and unit is placed on a lease or rental program as title would PDF File 25 Usage Agreement transfer to the State upon delivery of a purchased unit and insurance on the unit would then be the responsibility of the State. Can you confirm this please? The “Rentals” clause on page 25 makes mention of a thirty As stated in the RFP, there may be instances in which the day cancellation clause. I cannot identify a requirement to State requires a short-term rental to meet its Contract propose a rental program on any of the OE Schedule tabs. Is Users needs. PDF File C-2. Rentals 25 it the State’s intention to require a cancellation for convenience provision for all leased (or CPC) units placed? The State mentions rentals Page 25 section 2 but we do not Rentals will be on an "as-needed' basis. Therefore, see any rental cost sheets? vendors should provide questions in qualitative question PDF File C-2. Rentals 25 #33 in the MS Excel file "General Vendor Information." Products and Services Demand Profile / Section C-3 Delivery Whatever is required to use the machine as required by the (Pg. 26). Can the State be more specific on the software, manufacturer. software installation, and network software section? At what PDF File C-3. Delivery 26 point does the vendors responsibility start and end? How many users / desktops will the vendors be expected to support per unit? The “Invoicing” clause on page 26 makes mention of a For the State to make payments in the required timeframe, itemized report that must be provided with each invoice. This additional information may be needed. Most invoices have is a duplication of effort as this is already being provided the adequate information, but some additional information under the “Management Reports” requirement on page 18. In may be needed. PDF File C-7 Invoicing 26 addition, most of the requested information is contained on the invoice itself. I would respectfully request that this requirement be deleted in its entirety. Can you please compare and contrast the objective of the The State would like vendors to provide a range of cost savings plan for leases expiring in 06 and later? The alternatives that will be enable the State to realize savings total buyout plan? The replacement by cpc plan? We are in the near term. PDF File A. Copier Definitions 28 unclear what is meant by these. Could you please provide information and examples to help us to answer these items appropriately.
  • 13. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response Please explain what is meant by cpc(cost per copy)? What The State is requesting a cost per copy (CPC) for multiple volume are you going to evaluate the responses at? Based volume bands for placement terms ranging from 36 ro 72 on history we are interpreting this to mean that you want a months. It is clearly stated in the "OE_Schedule" that there price quotation that is inclusive of equipment, maintenance are three components to the copier CPC -- machine, PDF File A. Copier Definitions 28 and supplies? maintenance, and consumables. Vendors are requested to complete the information for all three sub-components, which automatically calculate the CPC by placement term by volume band. RFP Pricing / Section A Copier Definitions (Pg. 28). Does the As an addendum to the RFP, the State is adding extra term Remanufactured refer to a factory rebuild by the wording on RFP page 28, Section A, Copier Definitions - manufacturer with a zero meter and new serial number or a New and Remanufactured, from the BLI guide regarding vendor rebuild? Remanufactured copiers. "Remanufactured copiers undergo extensive refurbishing after a period of use before PDF File A. Copier Definitions 28 they are offered for resale or rental. With remanufactured equipment, the features, functions, and model remain the same." Throughout this RFP, the State is investigating the potential of using remanufactured digital copiers in the future. How will remanufactured products help the State? If the effort As an addendum to the RFP, the State is adding extra is to utilize current and cutting edge technology, the State is wording on RFP page 28, Section A, Copier Definitions - going backwards by seeking to purchase/rent old outdated New and Remanufactured, from the BLI guide regarding analog products. Additionally, most small business companies Remanufactured copiers. "Remanufactured copiers and many manufacturers do not have remanufacturing undergo extensive refurbishing after a period of use before Excel Grids A. Copier Definitions 28 programs and thus will not be able to compete in this area. they are offered for resale or rental. With remanufactured equipment, the features, functions, and model remain the same." Throughout this RFP, the State is investigating the potential of using remanufactured digital copiers in the future. The State asks for Vendors to propose a buy out program for Yes, please include all costs that will be charged to the the State's copiers. Will the lease buy out pricing and options State in your plan. PDF File B. Copier Schedule 28 as well as any removal charges be provided for us to incorporate into our proposal? What volume(s) should a vendor use to price the CPC offer Whichever makes sense from the Vendors' point of view. PDF File B. Copier Schedule 28 (i.e.: the minimum or maximum volume of each band)? You have a requirement for a cost savings plan for the It is the responsibility of the Vendor to propose a innovative copiers expiring 06 and later. Please describe how you plan. PDF File B. Copier Schedule 28 envision this plan to work? Is it rental, lease, what is your objective? Please define what the State considers the management of Managing the State's Office Equipment fleet is in reference the Office Equipment Fleet to include. to the placement and type of digital copiers, printers, and PDF File B. Copier Schedule 28 fax machines that the Vendor(s) would priopose to optimize the overall value to the State.
  • 14. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response You talk about lease, rental and cost per copy. Could you Please refer to page 28, section A. Copier Definitions. PDF File B. Copier Schedule 28 define what you mean by each of these terms? How are you evaluating? How does the state plan on doing meter reads on printers for It is the responsibility of the Vendor to propose a innovative PDF File C. Printer Schedule 29 a CPC program? plan. We require clarification with regards to the language on p. 30 It is the responsibility of the Vendor to propose a innovative regarding on-site maintenance of copiers, laser printers, and plan. PDF File E. Maintenance 30 fax machines. Does my firm need to provide maintenance pricing on a CPC/CPI basis for the laser printers as well as the copiers? With regards to the narrative on p.30, there is a request to The State would like to understand which approach would provide maintenance pricing on a Cost-Per-Copy (CPC) basis provide the greatest value to the State and its Contract for copiers. By contrast, the terms of on-site maintenance Users. services for laser printers and fax machines, also cited on p. 30, request that the vendor provide monthly pricing as well as on a per call basis .Both of these approaches are straight forward, i.e., the use of the CPC model for copiers, and the PDF File E. Maintenance 30 use of monthly and per call pricing for laser printers/fax machines. However, in the actual pricing spreadsheet entitled " OE_Schedule.xls" in the Laser Printer sheet, there is a request for CPC/CPI maintenance pricing along with the Monthly and Per Call Maintenance. Would my firm be required to provide on-site maintenance of Please refer to "General Vendor Information" question #32 fax machines on a per call basis, as well as a Monthly basis? for on call pricing. Vendors should propose their pricing Again, while the narrative on p.30 indicates that this is the under question #32. PDF File E. Maintenance 30 case, the pricing sheet for fax machines in OE_Schedule.xls only provides for Monthly maintenance. Page 31, D. Substitution, If substitutions are not allowed Vendors are allowed to propose a new model to replace PDF File D. Substitutions 31 under the contract, how can we address discontinued discontinued models upon the approval of DAS during the products? contract term. Regarding the “Payment Options” clause on page 31; can a Yes. contract user pay a recurring monthly invoice (lease payment, PDF File F. Payment Option 31 maintenance payment, etc.) with the State’s credit card? Please add the following to the end of the first sentence For copiers, the service and maintenance required is under the “Quality Assurance Guarantees” clause: included in the MS Excel file named "OE_Schedule." The H. Quality Assurance PDF File 32 “, as long as the equipment is covered under a qualifying Full details will be agreed upon, or modified, as necessary Guarantees Service Maintenance Agreement.” during negotiations and prior to the contract award.
  • 15. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response Quality and Service Requirements, Para. L, Maintenance and These details will be agreed upon, or modified, as Repair Service states "Vendor shall respond on site to all necessary during negotiations and prior to the contract service calls within four (4) business hours..." This vendor award. would like to request that the State remove this requirement H. Quality Assurance as the standard service level agreement. A 4-hour on-site PDF File 32 Guarantees response time is not the industry standard on-site warranty response time for any of the equipment to be purchased under this contract and will add unnecessary costs for those End Users who do not require it. Quality and Service Requirements, Paragraph H, Quality Printers and fax machines will have a minimum warranty Assurance Guarantees states "The Vendor(s) is to agree to period of one (1) year. Copiers, as indicated in the MS repair and/or immediately replace without charge to Contract Excel file named "OE_Schedule" will be on an immediate Users any device or part thereof which proves to be defective maintenance program. These details will be negotiated or H. Quality Assurance or fails within the contract term as specified." This conflicts modified, as necessary, during negotiations and prior to the PDF File 32 Guarantees with Para. J, Guarantee/Warranty which states "Every unit contract award. delivered must be guaranteed against faulty material for at least one year from date of delivery and installation..." Please clarify the warranty requirements for this contract. Please explain what is meant by "faulty material guarantee of For copiers, the service and maintenance required is 12 months?" We assume that you mean that if the machine included in the MS Excel file named "OE_Schedule." The is under a maintenance contract during the initial 12 months details will be agreed upon, or modified, as necessary J. Guarantee/ PDF File 32 of installation that we will be obligated to repair or replace the during negotiations and prior to the contract award. Warranty equipment at our expense if we can't keep the machine in working order. Is this acceptable? The first bullet point under “Guarantee/Warranty”, located at Printers and fax machines will have a minimum warranty the top of page 33, states that equipment must be guaranteed period of one (1) year. Copiers, as indicated in the MS for at least one year, but the “Quality Assurance Guarantees” Excel file named "OE_Schedule" will be on an immediate J. Guarantee/ PDF File 33 clause states for the period of the contract term. Which is maintenance program. These details will be negotiated or Warranty correct? modified, as necessary, during negotiations and prior to the contract award. Pg 33. Section L. Is the designated program administrator a This will be the responsibility of the Vendor on the contract L. Maintenance and PDF File 33 DAS-designated person with DAS or a vendor-designated award. Repair Services employee of vendor? We assume that consumables supplies is toner/ developer/ This includes staples, but excludes paper. L. Maintenance and PDF File 33 fuser. This would exclude staples and paper? Please advise. Repair Services
  • 16. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response Quality and Service Requirements, Para. N, Dealer DAS must approve all sub-contractors. All sub-contractors Authorization states "A letter from the Manufacturer...of must be approved by the factory or manufacturer. Vendors authorized dealership to the State to sell and service their are required to submit certification or documentation for sub- N. Dealer machines with availability of factory parts, and factory training contractors. PDF File 34 Authorization on all models quoted must accompany the proposal." If the Vendor uses factory trained sub-contractors to provide service, will this be acceptable to the State? On Page 34 of the RFP in Section N. "Dealer Authorization": Please refer to addendum #2 ---DAS will discard the Could the State please define what a "buy-sell" agreement is? second paragraph of section N. N. Dealer PDF File 34 Why is a buy-sell agreement an acceptable substitute for a Authorization Manufacturer's Letter of Authorization? Are the cost comparisons under the CPC section going to be The cost comparison will be done across the State's fleet in PDF File Selection Criteria 36 based on the high or low end of each band? aggregate based on historic usage. If cost savings is the main goal of the RFP, will the lowest Please refer to page 36 of the RFP to understand the PDF File Selection Criteria 36 qualified bidder be awarded the contract or will this be left to selection criteria used to evaluate vendor proposals. interpretation? What standards will the State use to evaluate the worthiness The selection committee will evaluate the overall value of a PDF File Selection Criteria 36 of the equipment? Vendor's proposal, including service, quality, and cost. Are there any other agencies that would require on-site techs First, on-site refers to the technicians physically located at for just printers ? the Contract User's facility. At this time, no other Contract User require on-site technical support. However, the State PDF File General may require on-site maintenance and service for printers at large Contract User facilities in the future. As in the effort to control electricity costs, the more a user The intent of a "Vendor Managed Fleet" with a "cost per does, the cheaper the cost. However, there is again no effort copy" pricing structure is to prevent the development of an to reduce the total usage. In fact, with the approach over-sized fleet. Vendors are encouraged to submit PDF File General mentioned, it is in the best interest of the vendor to encourage additional "Innovative Proposals" that would provide value the proliferation of more machines as this increase monthly to the State and its Contract Users. volume and higher revenues. There is no way to stop the growth of wrongly placed products. PDF File General Can we non-disclose the state on new printers? Vendors must inform the State of new models. Do pages 37-39 of the RFP comprise “Form RFP-19”, as Yes. PDF File General referenced in Item 1 in section 2 of 4 on form RFP-26? Does the State have rental and leasing terms and conditions Rental conditions can be entered in "General Vendor or can we incorporate them into the proposal? Information" question #33. Terms and conditions can be PDF File General negotiated during the negotiations process, prior to the contract award.
  • 17. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response In visiting many State agencies, we have found that there is Please provide an innovative proposal or refer to question sometimes, an individual printer for every one, or two people. #39 in the "General Vendor Information" file. The State PDF File General This may be an avenue where the State can see additional would like to understand alternative approaches to optimize cost savings, while controlling unnecessary machine growth? its fleet. Is any of the equipment that is “State owned” part of a No. PDF File General purchase then leased through GE Capital or another leasing company? Is it the intent of the State of CT to limit the amount of The State may award this Contract in whole or in part to vendors awarded to say 5 (this would improve pricing and any number of Vendors based on the best interest of the PDF File General savings to the state by eliminating GSA constriction)? State. Is there a way for Non-SBEs to hold the contract and assign Yes. PDF File General resellers per CT State approval Award criteria such as other states have done? Is there any reason why we cannot price our equipment to To fairly and accurately evaluate the Vendors' proposals, include lease, service and supplies? Typically when the State requires detailed pricing information from the machines are leased/rented the vendor retains the title. The Vendors. Please provide all the information in the format PDF File General vendor needs to ensure that the machine has service. Based required in the "OE-Schedule.xls" on that, can we offer a price that has both machine, service and supplies included as a bundled offering? What is the overall intention of the State’s Plan? Please refer to pages 5 and 6 of the "Introduction" section PDF File General of the RFP document. Other than potential cost savings, what benefits does the Standardization of equipment, lower administrative costs, State see in reducing the number of vendors on the contract? and improved all around service are some of the benefits PDF File General that the State expects to realize in the new contract. Regarding CPC, Purchase, Fleet, Buyout and Flipping to DAS seeks to understand multiple approaches to provide CPC? Can you please tell us the objective of each option and the best overall value to the State. compare and contrast these options. We are trying to understand how to respond to your requirements but are PDF File General unclear as to what is meant by all of these terms. We would appreciate examples, so that we can ensure our response is what you are looking for. What is your vision? What do you mean by a Fleet Program? Could please give DAS seeks to understand multiple approaches to provide some examples so that we know how to adequately respond the best overall value to the State. PDF File General based on your requirements. What is your vision? Since the State is narrowing the total number of vendors on The RFP process will allow the State to realize the best PDF File General contract, why is it utilizing the RFP process instead of a ITB overall value, which is a combination of service and cost. process?
  • 18. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response The objective as stated is to leverage the buying power and The intent of a "Vendor Managed Fleet" with a "Cost per reduce costs to the State. However, there is no strategy, copy" pricing structure is to control and prevent the policy or plan for each department to change the way they development of an over-sized fleet. Vendors are copy, fax, print and scan today. While the State may lower the encouraged to propose innovative solutions. cost, it won’t prevent the proliferation of more copiers, printers and faxes, as there is no incentive for any agency to do so. PDF File General Multi-function copiers can achieve greater cost savings for the State, but not if the agencies continue to replace high supply cost printers with just more of the same that happen to be new. If the State can’t regulate the growth of these products, copies will increase and costs will grow as a result. The RFP mentions digital copiers, printers and fax machines. The State is seeking machines from the low end to the high Could you please define digital copiers? Are you looking for end of the spectrum. For the definition of a digital copier, connected multifunction machines? We are unclear what you please refer to the BLI guide. The Vendor should use its are asking for and want to make sure our response includes experience in the industry and the State's fleet profile to PDF File General your requirements. suggest the proper model for each band. "Flipping Leases" What do you mean by this? What are you "Flipping a lease" refers to an incumbent Vendor being trying to accomplish by doing this? What is your vision of this awarded on the new contract. The incumbent Vendor could PDF File General option? How would remaining balances be handled? Could convert the pricing on an existing machine from a standard you give some examples? lease pricing to a CPC. What happens to competition under the current contract? This RFP offers Vendors the opportunity to compete to be PDF File General on the new contract award. What protection will the contract provide for vendors if State The Vendor may replace the unit with a smaller unit and re- users experience a significant volume drop due to layoffs, deploy the larger unit to another State location. office closings, changes in technology etc.? Conversely, should the unit be undersized, the State and Contract Users would expect that the Vendor would PDF File General increase the size of the unit accordingly. Please note that the State will not accept a used unit unless it arrives from another State location and was originally installed in a State location. When a manufacturer announces new products, can they add The Vendor may submit new models to DAS as addendums them to the contract? if so, do they need to replace it with one to the Contract. However, it is at the sole discretion of DAS PDF File General that is already on contract? to accept or reject the proposal and whether the old model will be replaced by a new model at the existing CPC price. Why would incumbents seek to lower their costs to the State Because this contract award will be for all future as they already have the business, and will most likely keep it placements and it could potentially impact current PDF File General in the future? placements. Within the new contract award, current placements from an incumbent may be extended during the course of negotiations.
  • 19. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response Will pricing be negotiated with the highest scoring vendor Please refer to the State's RFP process. A link is provided prior to the award and will other vendors then have the on page 6 of the RFP in the "Introduction." Additionally, PDF File General opportunity to resubmit pricing? please refer to page 12, Section Q (paragraph 3). Will the award be multiple Manufacturers and resellers? The State may award this contract in whole or in part to any PDF File General number of Vendors based on the best interest of the State. In regards to the "Affidavit for Contractor or Lessor, who OPM and the Governor's office. should be listed as "agencies or departments that have PDF File General supervisory or appointing authority over such department"? In the State of CT, we (manufacturer) has multiple authorizedThe State would like to issue P.O.'s directly to a dealer and dealers, and they are all (listed as partners) Small Businesshave invoicing handled by the dealer as well. The awarded Enterprises (SBEs). If the eligible State agencies/entities manufacturer shall be fully responsible for dealers that are PDF File General decide to acquire equipment from these dealers, how does its sub-contractors, including Connecticut certified the P.O. get made out and who actually bills the State? SBE/MBE vendors. This will be negotiated prior to the contract award. Question #12 What do you mean when you ask for Number of The technical staff refers to the vendor's staff that will be General Vendor Services Staff? How do you consider the Technical Staff to present to perform on-site maintenance and repairs. The Excel Grids Question #12 Information be different from the Services Staff? service staff refers to the vendor personnel devoted to customer service. Question 19 on General Vendor Information Form. Please The State would like to understand what office and clarify what the state would like to know about our company's computer back-up and recovery systems the vendor has in General Vendor Excel Grids Question #19 disaster recovery capabilities and procedures. Could the state place in the event of a disaster (e.g. billing, data recovery, Information be more specific in what they would like to know. etc.). Question 20 on General Vendor Information Form. Why The State would like to understand the Vendor's EFT would the state require description of system, transfer times, capabilities. General Vendor Excel Grids Question #20 and reporting methods be required if we are receiving the Information funds? Simply an ACH or EFT authorization form is filled out with banking information and contacts. Question on General Vendor Information Form, We would like Please refer to page 18, section D "Management Reports" General Vendor more clarification on question 21. What are the formats and regarding the type of information to be provided in monthly Excel Grids Question #21 Information methods for providing the usage and billing information? reporting. Question #32 Are we providing pricing and discounts for Yes. For the on-call maintenance, please provide that these support programs within the Vendor Information pricing in the space provided for Question #32. General Vendor Excel Grids Question #32 Section, or do we provide this information within the pricing Information spreadsheet? The pricing spreadsheet did not ask for this information. Are you looking for just a CPC for the management of the Yes. Please respond to both parts of the question. The Excel Grids Buy Out entire copier fleet and a program to reconfigure the fleet? State would like to evaluate both possibilities. Can we “NO BID” the total buyout portion? Yes. The vendor is free to propose or not propose on any Excel Grids Buy Out portion of this RFP.
  • 20. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response Is the State looking to buy out these current leases? If so, The State is investigating the potential of performing a buy Excel Grids Buy Out what is the amount of the accumulated buyouts, either out of the current leases. individually, or in total? There is not enough information to bid total buyout. There are Please utilize the information provided in the Microsoft Excel Grids Buy Out no numbers attached. Excel file named "OE_Exhibit" to propose a buy out. To propose a total buyout for the entire State fleet, will the No. Excel Grids Buy Out State be providing what the buyouts for the existing copiers are? There seems to be no “digital strategy” for each State agency The intent of this RFP is to provide Contract Users with Excel Grids Buy Out to follow. What is the incentive for any State agency to step Office Equipment for the office environment. out of the box? Accessories are typically billed at a fixed monthly rate. Could No. Vendors must provide pricing for accessories on a we submit pricing that has the accessories priced this way - CPC basis. However, Vendors will be able to provide for simplicity and economies of scale. An example would be pricing on a monthly basis in the MS Excel file in the Excel Grids Copier Accessories a base machine with one cost per copy price and then addendum titled "OE_Exhibit_Updated." accessories would be a flat rate added on to this, depending on how the end user wished to configure the machine? What is the State looking for in Software Integration? Whatever is required to use the machine according to the Excel Grids Copiers manufacturer's specification. Are you looking for the vendors to provide a cost based on Yes. Please refer to the Microsoft Excel file named the spreadsheet that was provided to reconfigure all of the "OE_Exhibit" and reference the worksheets named Excel Grids Copiers machines the state presently has based on volumes? "Copiers - Roll Off Summary" and "Copiers - State Data." As a Vendor, can you respond to the Copier Section Bands 1- The State STRONGLY encourages Vendors to propose 10 for just Purchase and still get an award? Or do you need both on the CPC program and the purchase of digital Excel Grids Copiers to respond to both Purchase and CPC to be considered? copiers. Please refer to the selection criteria listed on page 36 of the RFP to better understand the criteria to be used by the selection committee. Can we “NO BID” the CPC portion of the bid, without hurting The State STRONGLY encourages Vendors to propose our chances of winning the purchase, lease, and rental both on the CPC program and the purchase of digital Excel Grids Copiers portion? copiers. Please refer to the selection criteria listed on page 36 of the RFP to better understand the criteria to be used by the selection committee. Can you respond to just one or two of the three sections Yes. The State may award portion(s) of this contract to Excel Grids Copiers (copiers/fax and printers) and still get an award? different vendors. However, please refer to the selection criteria listed on page 36 of the RFP. Copiers – In reviewing the average monthly volumes for the The State envisions using an innovative strategy proposed compulsory copiers, it appears many copiers are not by vendors or a migration towards a CPC program for Excel Grids Copiers appropriately placed. What strategy does the State envision copiers to better align the machines with the historical to rectify this situation? demand. Does the State intend to rent machines with every accessory? No. Excel Grids Copiers
  • 21. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response How are color copiers handled in this RFP? The State has developed an addendum in MS Excel named Excel Grids Copiers "OE_Schedule_Addendum_2_COLOR." Vendors should enter information in this file. The State makes no mention of color in the Copier section, is The State has developed an addendum in MS Excel named Excel Grids Copiers there going to be a separate bid? If not, how do we get color "OE_Schedule_Addendum_2_COLOR." Vendors should products on State contract? enter information in this file. How do we determine savings? The selection committee will utilize the selection criteria Excel Grids Copiers listed on page 36 to determine the savings through the RFP process. How is the State going to evaluate the Cost per Copy price for The selection committee will evaluate the CPC across each monthly term (i.e. 36, 48, 60, 72) and will the award be placement terms to determine what award scenario would made to one vendor or multiple vendors per band? be in the best interest of the State. The State does not Excel Grids Copiers envision having multiple vendors serving different placement terms. The number of vendors will be determined by the best interest of the State. How will the State determine the true cost of new placements The selection committee will utilize the selection criteria Excel Grids Copiers when buying out existing contracts? listed on page 36 to determine if the buyout is in the best interest of the State. How will the State know if the remanufactured equipment will First, it is in the Vendor's best interest to maintain and hold up over a 3 to 5 year period? service machines. It will be in the best interest of the Vendor(s) and the Contract Users to have properly Excel Grids Copiers functioning equipment. Should the equipment malfunction, the Contract User will be unable to make copies, and thus, the Vendor will not receive any money due to the CPC program. If a reseller only has authorization for two copier/multifunction No. Excel Grids Copiers devices, will they be disqualified? In band 10, please explain your intent in this band with High-end production equipment used in a production respect to high speed devices? Currently there are machines environment will not be part of the RFP or contract award. Excel Grids Copiers in the +100 speed category on the current contract. Please This RFP and the resulting contract award is for the office explain your intent with this band as it relates to the new environment only. RFP? In sheet titled “New Copier Specifications by Band”, if the Vendors are asked to use their experience to propose what recommended monthly volume on a 20cpm unit is greater would be the optimal solution(s) for the State based on the than 60,000 copies, can a vendor bid a 20cpm unit in all information provided in this RFP. Excel Grids Copiers bands? Without setting a minimum speed requirement for each band, how does the state plan to evaluate all of the bids equally and fairly from vendors? Is the Manufacturer’s List Price requested in the General The list price for all accessories should be included. section of “New Copier Pricing by Band” tab for the base unit Please see the addendum with the file named only, or should certain accessories be included? "OE_Schedule_Updated_Addendum_2" and the worksheet Excel Grids Copiers named "New Copier Pricing by Band" to enter pricing for accessories. This could be negotiated prior to the contract award.
  • 22. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response Is the monthly minimum volume for each band a guaranteed No. There is not a guaranteed minimum volume. minimum the State is willing to accept? If no, what is the Excel Grids Copiers actual guaranteed minimum or the percentage of the monthly minimum volume stated in each band? Excel Grids Copiers Are there guaranteed minimums on CPC? No. Is there going to be a minimum volume commitment per No, the State will not commit to a minimum volume. copier band by the State? However, Vendors can resolve under usage by managing PDF File General the fleet to the best interest of the Contract User and the Vendor. There are several copier models that each manufacturer Yes. To propose on more than model per band, please produces that can fit into one band. Can vendors propose copy the file "OE_Schedule_Updated_Addendum_2," save Excel Grids Copiers multiple models for each band? If not, what is the criteria the it under a new file name, and enter the additional model State is going to use to determine which unit is the best fit? information. Question on CPC and Purchase Pricing by Band. Can we Yes. To propose on more than model per band, please propose more than one machine per band? copy the file "OE_Schedule_Updated_Addendum_2," save Excel Grids Copiers it under a new file name, and enter the additional model information. You have 10 bands shown on the exhibits. Can we propose Yes. To propose on more than model per band, please multiple machines per band? copy the file "OE_Schedule_Updated_Addendum_2," save Excel Grids Copiers it under a new file name, and enter the additional model information. Are we allowed to propose multiple manufacturers per volume Yes. To propose on more than model per band, please band? copy the file "OE_Schedule_Updated_Addendum_2," save Excel Grids General it under a new file name, and enter the additional model information. In State bids it is some Vendor's policy to submit one No. Vendors are allowed to submit multiple brands. Please Manufacturer's bid to include multiple brands. As you note that this is not a bid, but an RFP. probably know, the equipment is identical but simply labeled Excel Grids General and marketed under different brand names. Does the State of CT have any issue with the Vendor submitting one bid for all four brands quoted at the same price? Is there a minimum discount off list price for the Base No. Excel Grids Copiers machine and accessories that is mandatory? Regarding the prices being a % off discounted manufacturers No. The State requires Vendors to propose a discount off price list? Would it be agreeable to give the State of CT a of list price for purchased equipment. As the models and published price list, guaranteeing the price? Many machines change each year, the State would like to ensure Excel Grids Copiers companies, especially manufacturers, do not work with price that it is receiving a fair price for its equipment purchases. lists and % off as a way to price equipment. Would this be acceptable?
  • 23. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response Rentals/Lease/30 day cancellation? Are rentals the Rentals are different than leases. Rentals are for short- same/different than leases? Could you please explain what term Contract User requirements. Excel Grids Copiers you mean by each term? What is the intent regarding cancellations and penalties for theses terms? These are much too close and again do nothing to develop a The Vendor should propose an innovative solution for this strategy or policy. Agencies will utilize their Operating funds situation. The intent of the RFP is to migrate towards fewer to get the biggest machine, available. The State should types of machines across the State, with the machine type consider consolidating the number of different models within aligning with the historical demand profile. Excel Grids Copiers the volume bands. This is particularly true as digital copiers have increased in reliability and less costly, slower speed machines can do the work of a more expensive analog or higher speed product. What is the approximate loss of CPM in a fully-networked The State will answer this later in the week. Excel Grids Copiers environment (%) What levels does a bidder provide in terms of the cost per The Vendors should propose CPC pricing for all bands for copy? For example in the volume band I, for copiers the which it can provide service. For Band 1 only, the Vendor range is 0 – 2499 copies per month. If an agency has a can provide the State with a minimum volume. Excel Grids Copiers machine that does 500 copies per month, would we be able to bid a minimum volume in order to cover the costs for that band? What minimum accessories should be provided on these Based on the Vendors experience in the Office Equipment pages? universe, the State expects that Vendors will propose the Excel Grids Copiers truly needed accessories for Contract Users. Will the State be establishing minimum equipment No. Excel Grids Copiers specifications for each band? Will the State consider remanufactured analog copiers or No. The State will not accept remanufactured analog Excel Grids Copiers strictly remanufactured digital MFP's? How will older copiers. technology affect scoring? On the Pricing Worksheets under "Specifications": How does The minimum and maximum volumes represent the range Copiers, Printers and Excel Grids the State define "Minimum Volume" and Maximum Volume"? of monthly volumes for a copier in the specific band. Facsimiles The heading on the Pricing Worksheets is titled "Bands by An "impression" is one (1) printed page from a device. Copiers, Printers and Excel Grids Volume Impression". How does the State define "Volume Facsimiles Impression"? Delivery is required 15 days aro, can this be changed to 30- No. However, this is a term that can negotiated. Excel Grids Delivery 45 days? Also, why would the State want to buyout perfectly good The State has not made any final decisions as the State is machines that are performing well? evaluating the potential of buy outs through the RFP Excel Grids OE_Exhibit process. The State will buy out machines only if it is in the best interest of the State.
  • 24. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response How accurate does the state feel this information is, 70%, The State has provided the copier, printer, and fax 80%, etc.? information based on data provided by incumbent Vendors and Contract Users. As one notices in the RFP language, the new contract will put a heavy premium on the ability to provide accurate, detailed reports in a timely fashion. The Excel Grids OE_Exhibit inability of many Vendors to provide an accurate, detailed listing of their existing fleet with the State is the primary reason that there is missing information in the Exhibit. Much of the data is incomplete. Many of the state and DAS collected historical information from suppliers and municipal machines listed are in long term agreements, which Contract Users to develop the Exhibit. Not all of the will not turn over until 2008. Thus there is no immediate Municipal information is included in the Exhibit. The opportunity. Municipal data shown in the Exhibit is information provided Excel Grids OE_Exhibit by incumbent vendors. The lease termination schedule worksheet in the Exhibit provides vendors with a better understanding of the machines coming off of lease in the future. The Department of Environmental Protection only had The State has provided the copier, printer, and fax nineteen (19) devices listed is this accurate? If not, will you information based on data provided by incumbent Vendors be providing an updated listing of their equipment? and Contract Users. As one notices in the RFP language, the new contract will put a heavy premium on the ability to Excel Grids OE_Exhibit provide accurate, detailed reports in a timely fashion. The inability of many Vendors to provide an accurate, detailed listing of their existing fleet with the State is the primary reason that there is missing information in the Exhibit. Under Historical Demand Profile, you mention UConn has The State has provided the copier, printer, and fax approximately 494 copiers with 362 purchased and 132 information based on data provided by incumbent Vendors leased. The attached spreadsheet only lists including the and Contract Users. As one notices in the RFP language, Health Center 137 leased copiers and 35 purchased copiers. the new contract will put a heavy premium on the ability to Excel Grids OE_Exhibit Will you be providing a complete list of the entire copier fleet provide accurate, detailed reports in a timely fashion. The for UConn? inability of many Vendors to provide an accurate, detailed listing of their existing fleet with the State is the primary reason that there is missing information in the Exhibit. Was the UConn Health Center included in the 494 copier fleet No. Excel Grids OE_Exhibit number you provided?
  • 25. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response We are not sure of the accuracy of the data for many of the The State has provided the copier, printer, and fax locations. In some instances there are no volumes. Can the information based on data provided by incumbent Vendors State provide an updated list? and Contract Users. As one notices in the RFP language, the new contract will put a heavy premium on the ability to Excel Grids OE_Exhibit provide accurate, detailed reports in a timely fashion. The inability of many Vendors to provide an accurate, detailed listing of their existing fleet is the primary reason that there is missing information in the Exhibit. What is the monthly cost? Without this information, there is Vendors should make their proposal based on their no way to determine if it would make sense to buy out any knowledge of the industry. Excel Grids OE_Exhibit existing lease. There is no information as to the current monthly cost. Vendors should make their proposal based on their Excel Grids OE_Exhibit knowledge of the industry. Who determines what is in the best interest of State, based The selection committee, which is comprised of the largest on roll-out footprint/usage? using Contract Users and DAS, will make the determination Excel Grids OE_Exhibit of what is in the best interest of the State. Can you bid 3 out of 5 bands? Are we allowed to bid on Yes. Vendors should propose on the number of bands for separate sections without penalty? which they can provide quality equipment and support. Excel Grids Facsimiles However, the Vendor's product line should meet the Contract Users' needs. How can we quote on monthly consumables/maintenance per The State will not provide a guaranteed monthly volume. Excel Grids Facsimiles month without a fixed monthly volume guaranteed? What are the volume bands that should be provided for Based on their experience, Vendors should propose the Facsimiles? appropriate bands for a customer the size of the State. Excel Grids Facsimiles Are we allowed to bid on separate sections without penalty? Yes, however the State encourages the Vendors to Excel Grids General propose on the entire RFP. Can you still get an award if you do not respond to the Single Yes. Excel Grids General CPC fleet management program? How does the State see the Single CPC solution working? Is Please propose a CPC for each of the following scenarios: this CPC for service and supplies only for all existing CPC for new equipment, State owned equipment, and CPC Excel Grids General equipment in the State of CT? Is this CPC for for a buyout of all existing leases. equipment/service/supplies and buying out all existing leases? Please explain the 30 day cancel without penalty? Would you This is in reference to short-term rentals only. entertain an offering that doesn't include a 30 day cancel Excel Grids General without penalty if the price was better and more advantageous? Regarding summer waiver, not all products have this This term may be negotiated prior to the contract award. Excel Grids General availability. How will that impact an RFP response?
  • 26. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response State Owned Office Equipment-can you only bid on the gear Yes. A Vendor must be authorized by the manufacturer to Excel Grids General that your are authorized by the manufacturer to service? service the equipment. You mention 36/48/60/72 month terms. We do not offer these Please propose on all of the pricing for which you are Excel Grids General terms on all our products. How does this impact an RFP capable. response? Are these three (3) references in addition to the references You can use the same, if it is answering each question General Vendor you ask for in the Vendor Information Section? properly. Excel Grids Information General Vendor Are you requesting three (3) client references when you ask Yes. Three (3) client references. Excel Grids Information for 3 references for machines serviced? Can the Vendor Information be submitted in MS Word format No. However, Vendors should only use a MS Word General Vendor or is it required to be in MS Excel? (There is a limit in Excel attachment for a limited number of questions. Excel Grids Information of 1024 characters per cell, and it will make the submission in Excel difficult.) On the General Vendor Information form, can we insert lines Vendors can use a MS Word attachment for a limited General Vendor to accommodate our answers or should any answers bigger number of questions. Excel Grids Information than the allotted space be addressed in attachments? Are you asking for a full quote to service the current base? If If it is in the best interest of the State, the State may cancel Excel Grids Maintenance so, what about current equipment which already has a service contracts. program contract? Other than current vendors, who would be able to handle Based on the RFP responses, the selection committee will Excel Grids Maintenance these? determine which Vendor(s) can provide service for the State. Please verify that the maintenance and consumable CPC There will not be any escalation pricing clause. However, pricing is to be held firm for 6 years from the date the unit is this can be negotiated. placed. This would translate into the vendor being required to Excel Grids Maintenance hold pricing firm for a period of up to nine years (if the unit is purchased in the last month of the Agreement)? If not, what is the maximum escalation the vendor can apply on an annual basis? The Printer category really does not differ from Band 1 to Vendors can propose the same model for multiple bands, if Band 5. Can the State break down the Bands so each level the vendors chooses to do so. Vendors are encouraged to Excel Grids Printers has minimum specifications? submit a proposal based on their industry knowledge. What are the Volume Bands – No numbers attached. The State expects Vendors to propose on the bands based on their knowledge of the industry and the needs of the Excel Grids Printers State, which are highlighted in the MS Excel file "OE_Exhibit." Where should vendors fill-in printing capabilities and pricing, Excel Grids Printers that are not part of the standard mainframe(s)?
  • 27. Office Equipment RFP #04PSX0044 - Responses to Vendor RFP Questions RFP Excel Grids/ Worksheet/ Sub- PDF File Section Page # Question DAS Response Can we only bid on 5 printers? per the bands? The State seeks to standardize the number and type of printers used by Contract Users. Vendors are encouraged Excel Grids Printers to submit a proposal based on their industry knowledge. How can we bid a fixed consumable cost without minimum Based on their experience, Vendors should propose the volumes? appropriate bands for a customer the size of the State. The Excel Grids Printers State will not provide a guaranteed monthly volume. In terms of the pricing spreadsheets; while in the case of the The Vendors should propose a volume band for each copier sheets volume bands are provided, no volume bands proposed printer and fax machine. Printers and appear on either the Laser Printer spreadsheet or the Fax Excel Grids Facsimiles Machine spreadsheet. Is this an intentional omission or an Worksheets accidental oversight? In either case, what specific bands should the responder be using? In the exhibits you have volume shown in the various bands 1- The vendor should use its experience in the industry and 10. Are there any guidelines for what should be bid from a the State's fleet profile to suggest the proper model for Printers and cpm standpoint per band? There are many machines in the each band. Excel Grids Facsimiles industry today that can meet these volumes band. Without Worksheets some guidance on speed associated with these bands, we are unclear of what you are looking for from a product mix? Printers and There are five (5) columns labeled "Bands." Could the State The vendor should propose the volume/capacity per band Excel Grids Facsimiles please define what is meant by "Bands"? based on its industry knowledge and the State's fleet Worksheets profile. Printers and What are the volume/capacity requirements for the fax and The vendor should propose the volume/capacity per band Excel Grids Facsimiles printer sections? based on its industry knowledge and the State's fleet Worksheets profile.
  • 28. This Addendum must be Signed & Returned with your Proposal. Authorized Signature of Proposer Company Name APPROVED_________________________________ JOSEPH GILIBERTO Contract Specialist (Original Signature on Document in Procurement Files) Date Issued: 3 March 2004
  • 29. STATE OF CONNECTICUT RFP ADDENDUM RFP NO.: RFP-18 NEW 6/98 04PSX0044 DEPARTMENT OF ADMINISTRATIVE SERVICES Joe Giliberto PROCUREMENT SERVICES Proposal Due Date: Buyer Name 165 Capitol Avenue, Room 5th Floor South 11 March 2004 (860)713-5096 PO Box 150414 Buyer Phone Number HARTFORD, CT 06115-0414 RFP ADDENDUM #1 DESCRIPTION: Office Equipment FOR: All Using State Agencies and Political Sub Divisions PROPOSERS NOTE: It has come to our attention that certain fields in the excel spreadsheet “OE_schedule.xls” are locked which require input. These fields have now been unlocked and are now available for input. All other information on the spreadsheet remains unchanged This Addendum must be Signed & Returned with your Proposal. Authorized Signature of Proposer Company Name APPROVED_________________________________ JOSEPH GILIBERTO Contract Specialist (Original Signature on Document in Procurement Files) Date Issued: 27 February 2004
  • 30. STATE OF CONNECTICUT REQUEST FOR PROPOSAL RFP-11 Rev. 10/03 DEPARTMENT OF ADMINISTRATIVE SERVICES Joe Giliberto PROCUREMENT SERVICES Contract Specialist 165 Capitol Avenue, 5th Floor South PO Box 150414 (860)713-5096 Telephone Number HARTFORD, CT 06115-0414 NOTICE TO VENDORS: www.das.state.ct.us/busopp.asp Logon to: DAS CT State Web Site http://www.das.state.ct.us/busopp.asp joe.giliberto@po.state.ct.us select the Bidder Notification System & Contract Specialist E-mail Address complete the form to automatically receive a synopsis (860)622-2917 of new Bids & RFP’s via e-mail. Fax Number Request for Proposal (RFP) SPECIFICATIONS & PROPOSAL DOCUMENTS ATTACHED RFP Number: 04PSX0044 RFP Due Date & Time: 11 March 2004 at 2:00 pm Eastern Time DESCRIPTION: Office Equipment Special Instructions: No Special Instructions NOTE: RFP’s are not opened in public on the due date. This contract replaces the following contract award(s) in part or in total: NONE SEALED RFP NO.: 04PSX0044 NOTE: Always use mailing label at left on all packages when RFP DUE DATE/TIME: 11 March 2004 returning the ORIGINAL & 2:00 PM ONE COPY of your RFP response. Return Proposal To: RFP’s responses cannot be accepted after specified RFP Due Date/Time. Vendors will not be admitted to state PROCUREMENT SERVICES buildings without a valid photo ID. DEPARTMENT OF ADMINISTRATIVE SERVICES Hand-delivered RFP’s must be brought to: STATE OF CONNECTICUT DAS Customer Service 165 CAPITOL AVE 5th FLOOR SOUTH Room 110 PO BOX 150414 165 Capitol Avenue, HARTFORD CT 06115-0414 Hartford, CT
  • 31. STATE OF CONNECTICUT PROPOSER’S CHECKLIST RFP Number: RFP-20 NEW 6/98 04PSX0044 PROPOSER’S CHECKLIST READ CAREFULLY THIS FORM IS NOT TO BE RETURNED WITH YOUR PROPOSAL. HOWEVER, IT IS SUGGESTED THAT YOU REVIEW AND CHECK OFF EACH ACTION AS YOU COMPLETE IT. ____ 1. The Proposal (RFP-26) must be signed by a duly authorized representative of the company (unsigned proposals are automatically rejected) and the Proposal Schedule (RFP-16) must be included with your proposal. ____ 2. The proposal prices you have offered have been reviewed and verified. ____ 3. The price extensions and totals have been checked. (In case of discrepancy between unit prices and total prices, the unit price will govern the proposal evaluation). ____ 4. Any errors, alterations, corrections or erasures to unit prices, total prices, etc. must be initialed by the person who signs the proposal or his designee. Such changes made and not initialed mean automatic rejection of proposal. ____ 5. The payment terms are Net 45 Days. Net Terms for periods less than 45 days (Ex. Net 30) may result in proposal rejection. (You may offer cash discounts for prompt payment.) Exception: State of CT Small Business Set-Aside proposal payment terms shall be in accordance with CGS 32-9h. ____ 6. Any technical or descriptive literature, drawing or proposal samples that are required have been included with the proposal. ____ 7. The delivery information block has been completed. (Be specific: In most cases, “as ordered” or “as required” is not complete information.) ____ 8. If required, the amount of proposal surety has been checked and the surety has been included. ____ 9. Any addenda to the proposal have been signed and included. ____ 10. The pre-addressed mailing label has been used on your return mailing envelope or the envelope has been: a. marked with the Proposal Number and RFP Due Date & b. addressed to: State of Connecticut Department of Administrative Services Procurement Services 165 Capitol Avenue, 5th Floor South PO Box 150414 Hartford, CT 06115-0414 ____ 11. The proposal number on the pre-addressed mailing label or on your hand marked return envelope exactly matches the RFP number inside the envelope. ____ 12. Mail or hand-deliver your proposal in-time to be received no later than the designated RFP due date and time. Hand-delivered proposals must be delivered to the DAS Customer Service Desk, Room 110, 165 Capitol Avenue, Hartford, CT. Late proposals are not accepted under any circumstances. Allow ample time if mailing in your proposal. ____ 14. Form DAS-45 Employment Information Form must be completed entirely regardless of the number of employees, even if the company is family owned and/or operated and must be submitted with each proposal or proposal may be rejected. ____ 15. MAKE SURE TO INCLUDE THE ORIGINAL PROPOSAL SCHEDULE PAGES (RFP-16) ALONG WITH ONE COPY (UNLESS MORE COPIES ARE REQUESTED WITHIN THE PROPOSAL SPECIFICATIONS). ____ 16. VENDORS NAME MUST APPEAR IN THE UPPER RIGHT CORNER OF ALL PROPOSAL SCHEDULE PAGES (RFP-16).
  • 32. STATE OF CONNECTICUT THIS FORM AND PROPOSAL RFP-26 Rev. 04/03 REQUIRED PROPOSAL (Prev. Rev. 11/02) DEPARTMENT OF ADMINISTRATIVE SERVICES SCHEDULE FORMS Joe Giliberto PROCUREMENT SERVICES MUST BE RETURNED Contract Specialist 165 Capitol Avenue, 5th Floor South (860)713-5096 PO BOX 150414 Read & Complete Telephone Number HARTFORD, CT 06115-0414 Carefully Page 1 of 3 RFP NO: RFP DUE DATE: RFP DUE TIME: RFP SURETY: DATE ISSUED: 04PSX0044 11 March 2004 2:00 PM Eastern Time $0.00 19 February 2004 DESCRIPTION: Office Equipment FOR: All Using State Agencies and Political Sub Divisions TERM OF CONTRACT / DELIVERY DATE REQ’D: 3 Years Agency Requisition Number(s): REQUEST FOR PROPOSAL: Pursuant to the provisions of Section 4a-57 of the General Statutes of Connecticut as amended, sealed proposals will be received by Procurement Services for the State of Connecticut, at the address above for furnishing the commodities and/or services herein listed to state agencies. NOTE: Proposer means Individual/Sole Proprietor, Partnership or Corporation name. IMPORTANT: ALL pages of this form, Sections 1 through 4 must be completed, signed and returned by proposer as part of the proposal package. Failure to submit both pages constitutes grounds for rejection of your proposal. Section 1 of 4 - PROPOSER INFORMATION COMPLETE PROPOSER LEGAL BUSINESS NAME Taxpayer ID # (TIN): SSN FEIN WRITE/TYPE SSN/FEIN NUMBER ABOVE BUSINESS NAME , TRADE NAME, DOING BUSINESS AS (IF DIFFERENT FROM ABOVE) BUSINESS ENTITY: CORPORATION LLC CORPORATION LLC PARTNERSHIP LLC SINGLE MEMBER ENTITY NON-PROFIT PARTNERSHIP INDIVIDUAL/SOLE PROPRIETORSHIP NOTE: IF INDIVIDUAL/SOLE PROPRIETOR, INDIVIDUAL’S NAME (AS OWNER) MUST APPEAR IN THE LEGAL BUSINESS NAME BLOCK ABOVE. BUSINESS TYPE: A. SALE OF COMMODITIES B. MEDICAL SERVICES C. ATTORNEY FEES D. RENTAL OF PROPERTY (REAL ESTATE & EQUIPMENT) E. OTHER (DESCRIBE IN DETAIL) UNDER THIS TIN, WHAT IS THE PRIMARY TYPE OF BUSINESS YOU PROVIDE TO THE STATE? (ENTER LETTER FROM ABOVE) UNDER THIS TIN, WHAT OTHER TYPES OF BUSINESS MIGHT YOU PROVIDE TO THE STATE? (ENTER LETTER FROM ABOVE) NOTE: IF YOUR BUSINESS IS A PARTNERSHIP, YOU MUST ATTACH THE NAMES AND TITLES OF ALL PARTNERS TO YOUR BID SUBMISSION. NOTE: IF YOUR BUSINESS IS A CORPORATION, IN WHICH STATE ARE YOU INCORPORATED? WRITTEN SIGNATURE OF PERSON AUTHORIZED TO SIGN PROPOSALS ON BEHALF OF THE ABOVE NAMED PROPOSER DATE EXECUTED SIGN HERE TYPE OR PRINT NAME OF AUTHORIZED PERSON TITLE OF AUTHORIZED PERSON IS YOUR BUSINESS CURRENTLY A DAS CERTIFIED SMALL BUSINESS ENTERPRISE? YES (ATTACH COPY OF CERTIFICATE) NO IF YOU ARE A STATE EMPLOYEE, INDICATE YOUR POSITION, AGENCY & AGENCY ADDRESS.
  • 33. STATE OF CONNECTICUT THIS FORM AND PROPOSAL RFP-26 Rev. 04/03 REQUIRED PROPOSAL (Prev. Rev. 11/02) DEPARTMENT OF ADMINISTRATIVE SERVICES SCHEDULE FORMS Joe Giliberto PROCUREMENT SERVICES MUST BE RETURNED Contract Specialist 165 Capitol Avenue, 5th Floor South (860)713-5096 PO BOX 150414 Read & Complete Telephone Number HARTFORD, CT 06115-0414 Carefully Page 2 of 3 Section 1 of 4 - PROPOSER INFORMATION (CONTINUED) PROPOSER ADDRESS STREET CITY STATE ZIP CODE Add Additional Business Address & Contact information on back of this form. PROPOSER E-MAIL ADDRESS PROPOSER WEB SITE REMITTANCE INFORMATION: INDICATE BELOW THE REMITTANCE ADDRESS OF YOUR BUSINESS. SAME AS PROPOSER ADDRESS ABOVE. REMIT ADDRESS STREET CITY STATE ZIP CODE CONTACT INFORMATION: NAME (TYPE OR PRINT) 1ST BUSINESS PHONE: Ext. # HOME PHONE: ND 2 BUSINESS PHONE: Ext. # 1ST PAGER: CELLULAR: 2ND PAGER: 1ST FAX NUMBER: TOLL FREE PHONE: 2 FAX NUMBER: ND TELEX: WRITTEN SIGNATURE OF PERSON AUTHORIZED TO SIGN BIDS ON BEHALF OF THE ABOVE NAMED PROPOSER DATE EXECUTED SIGN HERE TYPE OR PRINT NAME OF AUTHORIZED PERSON TITLE OF AUTHORIZED PERSON IS YOUR BUSINESS CURRENTLY A DAS CERTIFIED SMALL BUSINESS ENTERPRISE? YES (ATTACH COPY OF CERTIFICATE) NO IF YOU ARE A STATE EMPLOYEE, INDICATE YOUR POSITION, AGENCY & AGENCY ADDRESS. FOR PURCHASE ORDER DISTRIBUTION: 1) CHECK ONLY ONE BOX BELOW 2) INPUT E-MAIL ADDRESS OR FAX # (IF CHECKED) E-MAIL FAX USPS MAIL EDI If EDI was selected, give us a person to contact in your company to set up EDI: NAME: E-MAIL ADDRESS: TELEPHONE NUMBER: FOR REQUEST FOR QUOTATION (RFQ) DISTRIBUTION: 1) CHECK ONLY ONE BOX BELOW 2) INPUT E-MAIL ADDRESS OR FAX # (IF CHECKED) E-MAIL FAX USPS MAIL ADD FURTHER BUSINESS ADDRESS, E-MAIL & CONTACT INFORMATION BELOW IF REQUIRED
  • 34. STATE OF CONNECTICUT THIS FORM AND PROPOSAL RFP-26 Rev. 04/03 REQUIRED PROPOSAL (Prev. Rev. 11/02) DEPARTMENT OF ADMINISTRATIVE SERVICES SCHEDULE FORMS Joe Giliberto PROCUREMENT SERVICES MUST BE RETURNED Contract Specialist 165 Capitol Avenue, 5th Floor South (860)713-5096 PO BOX 150414 Read & Complete Telephone Number HARTFORD, CT 06115-0414 Carefully Page 3 of 3 Section 2 of 4 - IMPORTANT INFORMATION FOR PROPOSERS AFFIRMATION OF PROPOSER: The abovesigned proposer affirms and declares: 1. That this proposal is executed and signed by said proposer with full knowledge and acceptance of the provisions of Form RFP-19 of current issue and in effect on the date of proposal issue. Form RFP-19, entitled Standard Proposal and Contract Terms and Conditions are made a part of the contract. 2. That this proposal is executed and signed by said bidder with full knowledge and acceptance of the provisions of all Special Proposal and Contract Terms and Conditions attached hereto. 3. That should any part of this proposal be accepted in writing by Procurement Manager within ninety (90) calendar days from the proposal due date unless an earlier date for acceptance is specified by proposer in proposal schedule, said proposer will furnish and deliver the commodities and/or services for which this proposal is made, in the quantities and at the prices proposed, and in compliance with the provisions of the STANDARD PROPOSAL AND CONTRACT TERMS AND CONDITIONS, COMMODITY SPECIFICATION, PROPOSAL SCHEDULE AND SPECIAL PROPOSAL AND CONTRACT TERMS AND CONDITIONS. Should award of any part of this proposal be delayed beyond the period of ninety (90) days or an earlier date specified by proposer in proposal schedule, such award shall be conditioned upon proposer’s acceptance. 4. Acceptance of the conditions set forth herein, agreement in strict accordance therewith, and will furnish and deliver the commodities and/or services to the state agency or agencies named in the PROPOSAL SCHEDULE at the prices proposed therein. 5. Should Procurement Services determine that proposer has not completed Section 1 - Proposer Debarment and/or Suspension included as part of this document, then such determination may be just cause for disqualification from the evaluation of this proposal. Section 3 of 4 - PROPOSER DEBARMENT AND/OR SUSPENSION The abovesigned proposer further affirms and declares that neither the proposer and/or any company official nor any subcontractor to the proposer and/or any company official has received any notices of debarment and/or suspension from contracting with the State of Connecticut or the Federal Government. YES NO The abovesigned proposer further affirms and declares that neither the proposer and/or any company official nor any subcontractor to the proposer and/or any company official has received any notices of debarment and/or suspension from contracting with other states within the United States. YES NO If the abovesigned proposer and/or any company official or any subcontractor to the proposer and/or any company official has received notices of debarment and/or suspension from contracting with the State of Connecticut, other states within the United States or Federal Government, said notices must be attached to this document when submitting this proposal. Number of notices attached Section 4 of 4 – OTHER NOTICES Notice regarding Package Handling at 165 Capitol Avenue As part of new security processes, all mail, packages and parcels, including RFP’s, delivered to the State Office Building at 165 Capitol Avenue will be opened and examined by trained mail handling staff. RFP’s will then be resealed and forwarded to Procurement Services. This procedure also applies to hand- carried packages. Proposers, note that additional time will be required to carry out these procedures. Allow extra time for processing of mail or personally delivered bids to Procurement Services. Remember, RFPs cannot be accepted after the RFP Due Date & Time specified on the RFP. NOTE: ALWAYS USE MAILING LABEL INCLUDED WITH EACH RFP ON ALL PACKAGES WHEN RETURNING THE ORIGINAL & ONE COPY OF YOUR RFP RESPONSE. SIGNATURE OF AUTHORIZED PERSON IN SECTION 2 CONSTITUTES AGREEMENT WITH ALL PROCEDURES INDICATED ABOVE.
  • 35. STATE OF CONNECTICUT EMPLOYMENT RFP Number: INFORMATION FORM (DAS-45) 04PSX0044 COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES (CHRO) REV 2/98 WORKPLACE ANALYSIS AFFIRMATIVE ACTION REPORT EMPLOYMENT INFORMATION FORM Company Name Contact Person Phone Number Date Street Address City State Report all permanent full-time or part-time employees, including apprentice and on-the-job trainees. Enter the number on all lines and in all columns. JOB CATEGORY A B C D E F OVERALL TOTALS WHITE BLACK HISPANIC ASIAN / PACIFIC AMERICAN INDIAN OR (Sum of all columns, (NOT OF HISPANIC (NOT OF HISPANIC ISLANDER ALASKAN NATIVE A-F ORIGIN) ORIGIN) Male & Female Male Female Male Female Male Female Male Female Male Female Officials/Managers Professionals Technicians Sales Workers Office/Clerical Craft Workers (Skilled) Operatives(Semi-skilled) Laborers (Unskilled) Service Workers TOTALS ABOVE Do you use minority businesses as subcontractors or suppliers? Explain: Yes No Do you use an Affirmative Action Plan? Yes No Explain: Describe your recruitment, hiring, training and promotion anti-discrimination practices.
  • 36. STATE OF CONNECTICUT PROPOSER RFP Number: QUALIFICATIONS RFP-14 NEW 6/98 04PSX0044 PROPOSER’S STATEMENT OF QUALIFICATIONS Page 1 of 2 THIS FORM WILL BE USED IN ASSESSING A PROPOSER’S QUALIFICATIONS AND TO DETERMINE IF THE PROPOSAL SUBMITTED IS FROM A RESPONSIBLE PROPOSER. STATE LAW DESIGNATES THAT CONTRACTS BE AWARDED TO THE LOWEST RESPONSIBLE QUALIFIED PROPOSER. FACTORS SUCH AS PAST PERFORMANCE, INTEGRITY OF THE PROPOSER, CONFORMITY TO THE SPECIFICATIONS, ETC. WILL BE USED IN EVALUATING PROPOSALS. ATTACH ADDITIONAL SHEETS IF NECESSARY COMPANY NAME: & ADDRESS: NUMBER OF YEARS COMPANY HAS BEEN ENGAGED IN BUSINESS UNDER THIS NAME: __________YEARS LIST ANY CONTRACT AWARDS TO YOUR COMPANY BY THE STATE OF CONNECTICUT WITHIN THE LAST THREE (3) YEARS, THAT YOU ACTUALLY PERFORMED SERVICE AGAINST. INDICATE WHICH STATE AGENCY, AND PROVIDE CONTRACT NAME AND NUMBER, AND THE NAME AND TELEPHONE NUMBER OF THE PURCHASING AGENT ADMINISTERING THE CONTRACT.. CONTRACT NO. CONTRACT NAME STATE AGENCY PURCHASING AGENT TEL. NO. ______________ ________________________ _____________________ ______________________ _______________ ______________ ________________________ _____________________ ______________________ _______________ ______________ ________________________ _____________________ ______________________ _______________ LIST ANY CONTRACT AWARDS TO YOUR COMPANY BY THE STATE OF CONNECTICUT WITHIN THE LAST THREE (3) YEARS. INDICATE WHICH STATE AGENCY, AND PROVIDE CONTRACT NAME AND NUMBER, AND THE NAME AND TELEPHONE NUMBER OF THE PURCHASING AGENT ADMINISTERING THE CONTRACT. CONTRACT NO. CONTRACT NAME STATE AGENCY PURCHASING AGENT TEL. NO. ______________ ________________________ _____________________ ______________________ _______________ ______________ ________________________ _____________________ ______________________ _______________ ______________ ________________________ _____________________ ______________________ _______________ ______________ ________________________ _____________________ ______________________ _______________ LIST OTHER NAMES YOUR COMPANY GOES BY: _____________________________________________________________________ LIST PREVIOUS COMPANY NAME (S)_______________________________________________________________________________ LIST AT LEAST THREE COMPLETED PROJECTS SIMILAR IN NATURE TO THIS REQUEST FOR PROPOSAL WHICH DEMONSTRATES YOUR COMPANY’S ABILITY TO PERFORM THE REQUIRED SERVICES. Company Name and Address Telephone No.: Dollar Value: 1. ______________________________________________________ _____________________ ______________________ ______________________________________________________ _____________________ ______________________ 2. ______________________________________________________ _____________________ ______________________ ______________________________________________________ _____________________ ______________________ 3. ______________________________________________________ _____________________ ______________________ ______________________________________________________ _____________________ ______________________
  • 37. STATE OF CONNECTICUT PROPOSER RFP Number: QUALIFICATIONS RFP-14 NEW 6/98 04PSX0044 PROPOSER’S STATEMENT OF QUALIFICATIONS Page 2 of 2 COMPANY NAME: SIZE OF COMPANY OR CORPORATION: NUMBER OF EMPLOYEES: FULL TIME _______________________ PART TIME _______________________ COMPANY VALUE: EQUIPMENT ASSETS ________________ TOTAL ASSETS ___________________ IS YOUR COMPANY REGISTERED WITH THE OFFICE OF THE CONNECTICUT SECRETARY OF STATE? YES NO REGISTRATION DATE, IF AVAILABLE: ____________________________ IF REQUESTED, WOULD YOUR COMPANY PROVIDE A “GOOD STANDING” CERTIFICATE ISSUED BY THE CONNECTICUT SECRETARY OF STATE’S OFFICE? YES NO LIST OF EQUIPMENT TO BE USED FOR THIS SERVICE (INCLUDE MODEL, YEAR & MANUFACTURER): MODEL YEAR MANUFACTURER ___________________________ _____________ __________________________________________ ___________________________ _____________ __________________________________________ ___________________________ _____________ __________________________________________ ___________________________ _____________ __________________________________________ (Attach additional sheets if necessary) LIST ANY RELEVANT CERTIFICATIONS, LICENSES, REGISTRATIONS, ETC. WHICH QUALIFY YOUR COMPANY TO MEET THE REQUIREMENTS OF THIS RFP. (Attach additional sheets if necessary) LIST ANY ADMINISTRATIVE ACTIONS EITHER PENDING REVIEW BY THE STATE OR DETERMINATIONS THAT THE STATE HAS MADE REGARDING YOUR COMPANY OR CORPORATION. THIS WOULD INCLUDE COURT JUDGEMENTS AND SUITS PENDING BY A STATE OR FEDERAL COURT. INCLUDE A LISTING OF OSHA VIOLATIONS AND ANY ACTIONS OR ORDERS PENDING OR RESOLVED WITH ANY STATE AGENCY SUCH AS THE DEPARTMENT OF CONSUMER PROTECTION, THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, ETC. DETAIL THIS INFORMATION ON A SEPARATE SHEET OF PAPER. SUCH INFORMATION SHOULD BE FOR THE LAST THREE (3) YEARS. I HEREBY CERTIFY THAT ALL THE INFORMATION SUPPLIED IS COMPLETE AND TRUE. ________________________________________________________ ___________________________ SIGNATURE DATE ________________________________________________________ TITLE
  • 38. STATE OF CONNECTICUT VENDOR AFFIDAVIT BID NO.: RFP-8 New 1/04 04PSX0044 DEPARTMENT OF ADMINISTRATIVE SERVICES Joe Giliberto PROCUREMENT SERVICES Contract Specialist 165 Capitol Avenue, 5th Floor South (860)713-5096 PO Box 150414 Telephone Number HARTFORD, CT 06115-0414 Affidavit for Contractor or Lessor - Integrity in State Contracting Policy Office of the Attorney General Page 1 of 2 I, __________________________________, hereby swear that, during the ten years preceding the date of this affidavit, neither I nor an official, employee or agent of myself or ________________________________________ (legal name of entity) have provided or caused to be provided gifts, as defined in Conn. Gen. Stat. §1-79(e), except as otherwise set forth below, including a gift for the celebration of a major life event as described in Conn. Gen. Stat. §1-79(e)(12), to a state official or employee of the contracting or leasing agency or a state official or employee of a state agency or department which has supervisory or appointing authority over the contracting or leasing agency. The contracting agency has provided me with the names of the following agencies or departments that have supervisory or appointing authority over such department: . Name of recipient of the gift Description of gift and value Date of gift 1. 2. 3. 4. Sworn as true to the best of my knowledge and belief, false statement punishable under law: __________________________________ Print name Signature Date Sworn and subscribed before me on this day of , 200 , ____________________________ Commissioner of the Superior Court/ Notary Public
  • 39. STATE OF CONNECTICUT VENDOR AFFIDAVIT BID NO.: RFP-8 New 1/04 04PSX0044 DEPARTMENT OF ADMINISTRATIVE SERVICES Joe Giliberto PROCUREMENT SERVICES Contract Specialist 165 Capitol Avenue, 5th Floor South (860)713-5096 PO Box 150414 Telephone Number HARTFORD, CT 06115-0414 Affidavit for Contractor or Lessor - Integrity in State Contracting Policy Office of the Attorney General Page 2 of 2 “GIFT” IS DEFINED UNDER Conn. Gen. Stat. §1-79(e), excluding subdivision (12) as follows: (e) "Gift" means anything of value, which is directly and personally received, unless consideration of equal or greater value is given in return. "Gift" shall not include: (1) A political contribution otherwise reported as required by law or a donation or payment as described in subdivision (9) or (10) of subsection (b) of section 9-333b; (2) Services provided by persons volunteering their time; (3) A commercially reasonable loan made on terms not more favorable than loans made in the ordinary course of business; (4) A gift received from (A) an individual's spouse, fiance or fiancee, (B) the parent, brother or sister of such spouse or such individual, or (C) the child of such individual or the spouse of such child; (5) Goods or services (A) which are provided to the state (i) for use on state property, or (ii) to support an event or the participation by a public official or state employee at an event, and (B) which facilitate state action or functions. As used in this subdivision, "state property" means (i) property owned by the state, or (ii) property leased to an agency in the Executive or Judicial Department of the state; (6) A certificate, plaque or other ceremonial award costing less than one hundred dollars; (7) A rebate, discount or promotional item available to the general public; (8) Printed or recorded informational material germane to state action or functions; (9) Food or beverage or both, costing less than fifty dollars in the aggregate per recipient in a calendar year, and consumed on an occasion or occasions at which the person paying, directly or indirectly, for the food or beverage, or his representative, is in attendance; (10) Food or beverage or both, costing less than fifty dollars per person and consumed at a publicly noticed legislative reception to which all members of the General Assembly are invited and which is hosted not more than once in any calendar year by a lobbyist or business organization. For the purposes of such limit, (A) a reception hosted by a lobbyist who is an individual shall be deemed to have also been hosted by the business organization which he owns or is employed by and (B) a reception hosted by a business organization shall be deemed to have also been hosted by all owners and employees of the business organization who are lobbyists. In making the calculation for the purposes of such fifty-dollar limit, the donor shall divide the amount spent on food and beverage by the number of persons whom the donor reasonably expects to attend the reception; (11) Food or beverage or both, costing less than fifty dollars per person and consumed at a publicly noticed reception to which all members of the General Assembly from a region of the state are invited and which is hosted not more than once in any calendar year by a lobbyist or business organization. For the purposes of such limit, (A) a reception hosted by a lobbyist who is an individual shall be deemed to have also been hosted by the business organization which he owns or is employed by, and (B) a reception hosted by a business organization shall be deemed to have also been hosted by all owners and employees of the business organization who are lobbyists. In making the calculation for the purposes of such fifty-dollar limit, the donor shall divide the amount spent on food and beverage by the number of persons whom the donor reasonably expects to attend the reception. As used in this subdivision, "region of the state" means the established geographic service area of the organization hosting the reception; (12) A gift, including but not limited to, food or beverage or both, provided by an individual for the celebration of a major life event; (13) Gifts costing less than one hundred dollars in the aggregate or food or beverage provided at a hospitality suite at a meeting or conference of an interstate legislative association, by a person who is not a registrant or is not doing business with the state of Connecticut; (14) Admission to a charitable or civic event, including food and beverage provided at such event, but excluding lodging or travel expenses, at which a public official or state employee participates in his official capacity, provided such admission is provided by the primary sponsoring entity; (15) Anything of value provided by an employer of (A) a public official, (B) a state employee, or (C) a spouse of a public official or state employee, to such official, employee or spouse, provided such benefits are customarily and ordinarily provided to others in similar circumstances; (16) Anything having a value of not more than ten dollars, provided the aggregate value of all things provided by a donor to a recipient under this subdivision in any calendar year shall not exceed fifty dollars.
  • 40. State of Connecticut Request for Proposal Office Equipment Barbara A. Waters, Commissioner Department of Administrative Services February 19, 2004
  • 41. State of Connecticut Department of Administrative Services The State of Connecticut is seeking alternative methods to improve its cost effectiveness as well as administrative efficiencies in the procurement of Office Equipment products covering copiers, printers, fax machines and their maintenance. The Department of Administrative Services invites you to be part of this effort. Barbara A. Waters, Commissioner Department of Administrative Services This Announcement is a Request for Proposal (RFP) to provide Office Equipment products and maintenance for all Connecticut State Agencies, Towns, Municipalities, Political Sub-Divisions and Not- for-Profit Organizations. As intended, commodities and services requested are to include copiers, printers, fax machines and their maintenance. Date: February 19, 2004 RFP #04PSX0044 PAGE 2
  • 42. TABLE OF CONTENTS NOTICE OF INTENT TO RESPOND __________________________________________4 INTRODUCTION _________________________________________________________5 RFP DEFINITIONS/ABBREVIATIONS ________________________________________6 SCOPE OF PRODUCTS AND SERVICES _____________________________________7 RFP PROCESS AND TIMING _______________________________________________7 INSTRUCTIONS TO VENDORS _____________________________________________8 INQUIRIES & QUESTIONS _________________________________________________9 RFP TERMS AND CONDITIONS____________________________________________10 SPECIAL TERMS AND CONDITIONS _______________________________________15 CONTRACT TERMS AND CONDITIONS _____________________________________17 CONTRACT USER SPECIFIC CLAUSES_____________________________________23 PRODUCTS AND SERVICES DEMAND PROFILE _____________________________24 RFP QUALITATIVE QUESTIONS ___________________________________________27 RFP PRICING___________________________________________________________27 QUALITY AND SERVICE REQUIREMENTS __________________________________30 SELECTION CRITERIA ___________________________________________________36 STANDARD RFP AND CONTRACT TERMS AND CONDITIONS __________________37 PAGE 3
  • 43. Notice of Intent to Respond STATE OF CONNECTICUT Office Equipment Please return this form via fax by 5 PM EST on Thursday, February 26, 2004 to Joe Giliberto at (860) 622-2917. “We plan to respond to RFP #04PSX0044 with a proposal” Vendor: Contact Name: Contact Title: Address: Contact Telephone: Contact Email: Fax: PAGE 4
  • 44. Request for Proposal Office Equipment Introduction The State of Connecticut spends roughly $2.6 billion on purchased goods and services. In an effort to achieve cost savings in today’s adverse economic environment, the State recently initiated a spend management initiative named Buy Smart…Buy Together. The goals of the initiative are as follows: • Leverage the considerable purchasing volume across the various State agencies, political subdivisions, and not-for-profit organizations to secure the most competitive pricing structure available • Consolidate the State’s vendor base to offer vendors access to larger volumes of business and longer-term contracts, thereby resulting in competitive pricing based on the economies of scale involved • Maintain or exceed current service and quality levels • Facilitate and increase the use of state contracts by improving their value and benefits • Ensure that Connecticut-based vendors as well as small and minority-owned businesses have adequate opportunity to participate in this process Based on a review of the current contracts (990_0360, 001_0078, 001_0079, 012_0052, 012_0064, 023_0053), aggregate spend, and vendor base, the State of Connecticut has decided to include Office Equipment as one of the expense categories in the Buy Smart…Buy Together initiative. The purpose of this Request For Proposal (RFP) is to solicit sealed proposals to establish a competitive contract with a limited number of Vendors for Office Equipment. We strongly encourage Vendors to view the State’s spend in total, and offer pricing that allows the State to benefit from the consolidation of volume. The intent is to rationalize the supply base to the extent possible, to allow Vendors to offer more aggressive pricing due to increases in volume and allow the State to realize the subsequent savings resulting from the decreases in prices. As the State seeks fewer Vendors to provide a greater volume of services, this will be a mutually beneficial situation. Currently, Connecticut state agencies spend approximately $10+ million annually on Office Equipment. While there is no firm guarantee that the State will continue to require the same volume in the future, the expectation is that in the near future the State’s needs should remain constant. Additionally, there is a substantial spend from non-compulsory entities, which include institutions of higher education, political sub-divisions, towns, municipalities, etc., which are not required to use the State contracts. It is the State’s goal to encourage these non-compulsory entities to use the competitive contract(s) resulting from this RFP, although their participation is not mandatory. As a reminder, this is an RFP, not an Invitation to Bid (ITB). Please visit the following link to review the distinction between these two processes: http://www.cga.state.ct.us/2001/pub/Chap058.htm#sec4a- 50.htm. We would like to invite your company to respond to this RFP with a proposal, which would encourage the State of Connecticut’s agencies and other entities, collectively referred to as the “Contract Users”, to transfer to you all or part of their Office Equipment purchasing volume that you are qualified to supply. The pricing, quality, and service levels obtained through this process are expected to be more aggressive than any individual agency may currently have with your company. Although no assurance can be given that any one Vendor will obtain all of the business from the Contract Users, the State intends to award their business in whole or in part to include but not limited to digital copiers, printers, fax PAGE 5
  • 45. machines, and Office Equipment maintenance and supplies, if deemed in the best interest of the State. The proposals will be used as the basis for short list selection, negotiations and final Vendor selection. The State may award all or part of this RFP, based solely on the best interests of the State. The State welcomes proposals from Vendors that can provide devices and services for one or more parts of this RFP. To maximize your chances of success in this process and to have the opportunity to provide services for a substantial portion of Connecticut’s business, we strongly encourage you to provide an aggressive response to this RFP. With the future award, current contracts may be cancelled if it serves the best interest of the State. RFP Definitions/Abbreviations Whenever the following terms are used throughout this document, the below definitions should be used for interpretation. Contract: The written agreement covering the furnishing and delivery of material or work to be performed. Contract Users: All State Agencies, political sub-divisions, and not-for-profit organizations authorized to use the State of Connecticut contracts and contract pricing. CPC: Cost-per-copy. DAS: Department of Administrative Services, Procurement Services. FOIA: Freedom Of Information Act. Office Equipment: Digital copiers, printers, fax machines, and associated maintenance/service Proposal: The offer of the Vendor(s) submitted on the approved form and setting forth the Vendor(s)'s prices for performing the work or supplying the material or equipment described in the specifications. RFP: Request For Proposal. The State: The State of Connecticut. UConn: The University of Connecticut. Reference is to Storrs (main campus), unless otherwise stated. User Group: Group of top consuming Agency representatives responsible for reviewing Vendor proposals. Vendor: Any individual, company, or corporation formally submitting a proposal for the material or work contemplated, acting directly or through a duly authorized representative. This solicitation is for procurement through competitive negotiation, NOT through competitive bidding, in accordance with DAS competitive negotiation statutes and regulations. Accordingly, all references in this RFP to “Bid”, “Bidder” and like terms shall be disregarded. Instead, such terms shall be read and be deemed to mean, for interpretative purposes, “Proposal”, “Vendor”, and like terms. PAGE 6
  • 46. Scope of Products and Services Office Equipment includes the acquisition of digital copiers, fax machines, printers as well as their maintenance. Additionally, this RFP covers the management of the State’s Office Equipment fleet. The $13 million in annual Office Equipment spend is in reference to State Agencies. Services required for political sub-divisions, schools, towns, and municipalities could amount to a substantial additional volume. However, these entities are not obligated to utilize the State Agency contracts to procure their Office Equipment. The State and Contract Users are seeking a minimum contract or agreement length of three (3) years. However, the State will award a contract or reach an agreement of greater length if it is in the best interest of the State and Contract Users. The historical profile of the State’s Office Equipment leasing, purchase and maintenance are detailed in the file named “OE_Exhibit” with the following information for the Contract Users: • Agency • Facility – Street address and town • Machine Specifics (manufacturer, serial) • Average Monthly Usage (Copies/prints per month) • Lease Information (where applicable) • Purchase Information (where applicable) The file contains details from historical usage information for State Agencies, Non-Compulsory entities, and Municipalities that utilize the DAS contracts. While there is no guarantee to maintain these usage levels in the future, the State believes that this will be an accurate representation of the future. Furthermore, as stated previously, additional spend from municipalities, towns, schools, and political sub- divisions could increase the amount of Office Equipment required within the State. RFP Process and Timing The timeline for this RFP process is aggressive - with proposals due by 2 PM EST on Thursday, March 11, 2004. Potential Vendors are advised to review all sections of this RFP carefully and to follow instructions completely, as failure to make a complete submission as described elsewhere herein may result in rejection of the proposal and disqualification of the Vendor from further participation. Please be aware that the State intends to use the language in the RFP for the final contract, but some of the terms may be negotiable. PAGE 7
  • 47. Key RFP Dates: Activity Date RFP Availability to Vendors February 19, 2004 Written Questions due 5 PM EST on February 26, 2004 Notice of Intent to Respond Form Due 5 PM EST on February 26, 2004 Written Answer Posted on DAS website March 2, 2004 Proposals (including pricing and questionnaire) 2 PM EST on March 11, 2004 and Standard Contract Due from Vendors Proposal Evaluation March 11, 2004 to March 25, 2004 Vendor Negotiations, if necessary March 25, 2004 to April 16, 2004 Vendor(s) Selection April 30, 2004 Instructions to Vendors A. Vendor Registration For future notifications, Vendors may register online at the State’s eProcurement website. Instructions for the registration can be found at: www.das.state.ct.us/Purchase/Register/eProcurement_Reg_form.asp B. Communication During the period from your organization’s receipt of this RFP until a contract is awarded, your organization shall not contact any employee of the State for additional information, except in writing via e- mail at RFP–OfficeEquipment@po.state.ct.us or via fax at (860) 622-2917 directed to Joe Giliberto. When submitting an e-mail or fax to the aforementioned address and number, please include the RFP number (04PSX0044), category name (Office Equipment) and the vendor name in the subject of the message, so that we are aware that a vendor is attempting to communicate with the DAS team. C. Authorized Signatures The proposal must be signed by an authorized official with the authority to bind the company. The proposal must also provide the name, title address and telephone number of that individual, and of those who may be contacted to clarify the information provided. Upon award, the Vendor shall provide the State with a copy of the Corporate Resolution, authorizing the signer to bind the company. D. EPP submittal requirements The State is dedicated to waste reduction and the practice of using and promoting the use of recycled and environmentally preferable products and services. To promote these values, all Vendors are encouraged to submit proposals following these guidelines: PAGE 8
  • 48. • All copies should be printed double sided. Pricing pages should be single sided. • All proposals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper. All proposals should note the level or type of paper used to satisfy this request • Unless necessary, all proposals should minimize or eliminate the use of non-recyclable or non re- usable materials. Three-ring binders are acceptable if the size of the proposal warrants such use. Proposers are encouraged to use paper dividers or similar methods to effectively organize the proposal for review • Proposals should be submitted in a format that allows for the easy removal and recycling of recyclable materials. • In addition to recyclable paper, Vendors are encouraged to use other products that contain recycled content in their proposals. E. Submission of Proposals Vendors must submit one (1) original and five (5) copies of the proposal along with two (2) copies of electronic versions (either on diskette or CD-ROM). The electronic version of the proposal must include the completed Excel workbook (pricing grids and qualitative questions) attached to this RFP. Any proposal, which is incomplete or does not follow the prescribed format, may not be considered. Proposals must be submitted in a sealed envelope or carton, clearly marked RFP #04PSX0044, and labeled with the name and address of the vendor. Any material that is not so received may be opened as general mail, and result in invalidating the vendor’s submission. Fax or unsealed proposals will not be accepted under any circumstances. Proposals may be mailed to the address below to arrive by March 11, 2004 at 2 PM EST. Proposals received after that time, due to whatever reason, will not be accepted. Postmark dates will not be considered as the basis for meeting any submission deadline. Proposals will not be publicly read on the due date. State of Connecticut Department of Administrative Services, Procurement Services Attn.: Joe Giliberto, RFP #04PSX0044 165 Capitol Avenue, 5th Floor – South Wing Hartford, CT 06106 Hand delivered proposals must be brought to DAS Customer Service Desk, 165 Capitol Avenue, Room 110, Hartford, CT 06106 by March 11, 2004 at 2 PM EST. If hand delivering your proposal on the due date, please allow ample time for security check-in and waiting lines in Room 110. Late proposals will not be accepted. Inquiries & Questions We welcome your interest in working with us, and we will be pleased to answer any questions you may have in formulating your response. Any questions with regard to any aspect of this RFP should be e-mailed to RFP- OfficeEquipment@po.state.ct.us or faxed to Joe Giliberto at (860) 622-2917 by Thursday, February 26, 2004 at 5 PM EST. All questions will be answered in writing and posted to the DAS website. Inquiries should make specific reference to the sections and page numbers from this RFP where applicable. PAGE 9
  • 49. RFP Terms and Conditions It is assumed that by submitting a proposal, the Vendor is in agreement with the Standard RFP Terms and Conditions listed in RFP-19 (pages 37-39) as well as with the following Terms and Conditions (which supersede those Standard RFP Terms and Conditions should a conflict exist): A. Conformity and Completeness of Proposals To be considered acceptable, proposals must be complete and conform to all RFP instructions and conditions. DAS, at its discretion, may reject in whole or in part any proposal if in its judgment the best interests of the State will be served. B. Stability of Proposed Prices Any price offerings from Vendors must be valid for a period of ninety (90) days after the proposal’s due date. C. Amendment or Cancellation of the RFP DAS reserves the right to cancel, amend, modify or otherwise change this RFP at any time if it deems it to be in the best interest of the State to do so. D. Statement of Non-Commitment This RFP is not an offer to enter into an agreement with any Vendor; it is a request to receive proposals from Vendors interested in providing Office Equipment to Contract Users. DAS reserves the right to reject all proposals, in whole or in part, and/or enter into discussions with any party who submitted a proposal to provide such services. The State will not have any obligation to a Vendor unless and until it has entered into a written agreement with the Vendor and approved by the Office of the Attorney General. DAS entering into negotiations with a Vendor with respect to any proposal or otherwise shall not be deemed to be an acceptance of such proposal or an agreement with the Vendor. E. Multiple Award DAS reserves the right to award to multiple vendors. F. Award Basis DAS reserves the right to award this RFP in whole or in part to include but not limited to geographical region or product sub-category if deemed in the best interest of the DAS. G. Proposal Modifications No additions or changes to any proposal will be allowed after the proposal due date, unless such modification is specifically requested by the State. The State, at its option, may seek vendor retraction and/or clarification of any discrepancy or contradiction found during its review of proposals. PAGE 10
  • 50. H. Vendor Presentation of Supporting Evidence Vendors must be prepared to provide any evidence of experience, performance, ability, and/or financial surety that the State deems to be necessary or appropriate to fully establish the performance capabilities represented in their proposals. I. Vendor Demonstration of Proposed Services and or Products At the discretion of DAS, vendors must be able to confirm their ability to provide all proposed services. Any required confirmation must be provided at a site approved by DAS/Contract User and without cost to the State. J. Vendor Misrepresentation or Default DAS may reject the proposal and void any award resulting from this RFP to a vendor who makes any material misrepresentation in their proposal or other submittal in connection with this RFP. K. Erroneous Awards DAS reserves the right to correct inaccurate awards. This may include, in extreme circumstances, revoking the awarding of a contract already made to a vendor and subsequently awarding the contract to another vendor. Such action on the part of DAS shall not constitute a breach of contract on the part of the State since the contract with the initial vendor is deemed to be void and of no effect as if no contract ever existed between the State and such vendor. L. Proposal Expenses Vendors are responsible for all costs and expenses incurred in the preparation of proposals and for any subsequent work on the proposal that is required by the State. Neither DAS nor the Contract Users are responsible for expenses incurred by your company to develop and submit this RFP. Any costs incurred for site visits for discussions or negotiations are also entirely your responsibility. M. Ownership of Proposals All proposals submitted shall become the property of the State, the RFPs will not be returned under any circumstances. Vendor-specific information (such as names, contact, or pricing data) is used for the selection of Vendors on behalf of the State. Vendor acknowledges and agrees that its proposal and all associated documents are, and will remain, the exclusive property of the State and the Contract Users, without any royalty or other payment owing thereon to Vendor. N. Ownership of Subsequent Products Any product, whether acceptable or unacceptable, developed under a contract awarded as a result of this RFP shall be the sole property of the State unless otherwise stated in the contract. PAGE 11
  • 51. O. State Fiscal and Product Performance Requirements Any product or service acquisition resulting from this RFP must be contingent upon contractual provisions for cancellation of such acquisition, without penalty, if the applicable funds are not available for required payment or if the product or services fail to meet minimum State criteria for acceptance and performance reliability. P. Validation of Proposals The proposals shall be binding commitments which the State may include, by reference or otherwise, into any contract with a vendor. The proposals must provide the names, titles, addresses and telephone numbers of those individuals with authority to negotiate a contract with the State and contractually bind the vendor. The proposal must also include evidence that it has been duly delivered on the part of the vendor, that the persons submitting the proposal have the requisite corporate power and authority to structure, compile, draft, submit and deliver the proposal and subsequently to enter into, execute and deliver and perform on behalf of the vendor any contract contemplated in this RFP. Q. Execution of Contract This RFP is not a contract and, alone, shall not be interpreted as such. Rather, this RFP only serves as the instrument through which proposals are solicited. Once the evaluation of the proposals is complete and a vendor is selected, the selected proposal and this RFP may then serve as the basis for a contract that will be negotiated and executed between the State and the selected vendor. This RFP and the proposal will likely be attached to the contract as exhibits. Some of the terms and conditions within this RFP may be negotiable. If DAS and the highest scoring Vendor fail to reach consensus on the issues relative to the contract, then DAS may commence contract negotiations with the next highest scoring Vendor if it is in the best interest of the State. Additionally, upon conclusion of negotiations with the highest scoring Vendor, if the State intends to award only part of this contract to the highest scoring Vendor (based on the best interests of the State), DAS may commence contract negotiations with next highest scoring Vendor(s) on the non- awarded portion of the contract. DAS may also decide at any time to start the RFP process again. The final contract may include a liquidated damages clause. R. Oral Agreement or Arrangements Any alleged oral agreements or arrangements made by vendors with any State agency or employee will be disregarded in any State proposal evaluation or associated award. S. Independent Price Determinations In the proposals, Vendors must warrant, represent, and certify that the following requirement have been met in connection with this RFP: • The costs proposed have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to such process with any other organization or with any competitor; • Unless otherwise required by law, the costs quoted have not been knowingly disclosed by the Vendor on a prior basis directly or indirectly to any other organization or to any competitor. • No attempt has been made, or will be made, by the proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. PAGE 12
  • 52. T. Offer of Gratuities The Vendor warrants, represents, and certifies that no elected or appointed official or employee of the State has, or will, benefit financially or materially from this procurement. Any contract and/or award arising from this RFP may be terminated by DAS if it is determined that gratuities of any kind were either offered to, or received by, any of the aforementioned officials or employees from the vendor, the vendor’s agent(s), representative(s) or employee(s). U. Freedom of Information Due regard will be given for the protection of proprietary or confidential information contained in all proposals received. However, Vendors should be aware that all materials associated with the procurement are subject to the terms of the State’s FOIA and all rules, regulations and interpretations resulting there from. It will not be sufficient for vendors to merely state generally that the proposal is proprietary or confidential in nature and not, therefore, subject to release to third parties. Those particular sentences, paragraphs, pages or sections which a vendor believes to be exempt from disclosure under the FOIA must be specifically identified as such. Convincing explanation and rationale sufficient to justify each exemption consistent with Section 1-210(b) of the FOIA must accompany the proposal. The rationale and explanation must be stated in terms of the prospective harm to the competitive position of the vendor that would result if the identified material were to be released and the reasons why the materials are legally exempt from release pursuant to the above cited statute. V. Year 2000 Compliance Any product or services acquisition resulting from this RFP will be Year 2000 compliant. The successful vendor is responsible for any costs incurred in accordance with Year 2000 compliance at no additional cost to the state. W. Payments Against a Contract Award Under no circumstances shall the successful Vendor begin to perform under the contract prior to the effective date of the contract. The State shall assume no liability for payment of services under the terms of the contract until the successful Vendor is notified that the contract has been accepted by DAS and approved by the Office of the Attorney General. In no case, shall a successful Vendor bill the Contract User for amounts in excess of the amount(s) indicated in the final proposal agreed to and accepted by the DAS. Any authorized or agreed additional charges can only be approved for payment by means of an amendment to the contract. X. E-Commerce; CORE-CT – PeopleSoft ERP System On July 1, 2003, the State began utilizing an internet-based E-Procurement ordering system (PeopleSoft), known as Core-CT. With Core-CT, companies receiving awards from this proposal will receive purchase orders from the State through this system. Companies may be required to provide the State with functional data files including detailed product and pricing information. These files will then be loaded into a catalog on this system for ordering purposes. Companies that do not and/or cannot comply with these requirements when required, and/or fail to provide functional data files within a reasonable amount of time (as specified by the State) may be terminated from a contract award. For additional detailed information on E-Commerce/Data File Requirements and Core-CT please go to http://www.das.state.ct.us/Purchase/Info/supplier_kit.asp . PAGE 13
  • 53. Vendor(s) must accept manual purchase orders from Contract Users that do not have EDI capability. Y. Small and Minority Owned Businesses Under Connecticut General Statute 4a-60g the State has an established and on-going commitment to provide equal opportunity to small (SBE) and minority owned business enterprises (MBE) to contract as a vendor for the State’s purchased goods and services. Under this program, 25% of state funded purchases are set-aside for SBE/MBE vendors. It is the intention of the State, under the Supplier Diversity Program, to include SBE(s) and MBE(s) into the award of this contract where these businesses provide competitive pricing, meet the service requirements, and the terms and conditions of this RFP. If DAS determines that it is in the best interest of the State, DAS reserves the right to award portion(s) of this RFP to at least one State of Connecticut/ DAS Certified SBE/MBE Vendor. Non-SBE vendors are encouraged to partner with State of Connecticut/ DAS certified SBE/MBE vendors for the acquisition and maintenance of copiers, printers, and fax machines. Additionally, non-SBE vendors shall pay DAS certified SBE/MBE sub-contractors in 30 days after invoice in accordance with Connecticut General Statute § 4a-60j. For a list of State of Connecticut/ DAS certified SBE/MBE vendors, please go to the following link: http://www.das.state.ct.us/Purchase/SetAside/default.asp Furthermore, the State may require that non-SBE vendors to provide second tier (sub-contractor) reporting in Microsoft Excel format to the State and each Contract User to enable the State and Contract Users to monitor their supplier diversity objectives. The format of these reports will be determined by DAS. A sample format is included in the Microsoft Excel file titled, “SBE MBE Report.” SBEs and MBEs are defined as follows: 1) Small Business Enterprise (SBE) A company that has been under the same ownership and management and has maintained its principle place of business in the State’s for a period of at least one year immediately following the date of application to the State’s Small Business Program with gross revenues of less than $10,000,000 in the most recent fiscal year and with 51% ownership held by person(s) who exercises the operational authority over the daily affairs of the business and has the power to direct the policies and management and receives the beneficial interests of the business. 2) Minority Owned Business (MBE) A Minority Owned Business must meet the definition of a small business and: • Must be owned and operated by a person(s) who is a member of a minority group; and • Who has at least 51% ownership of the company; and • Exercises the operational authority over the daily affairs of the business and has the power to direct the policies and management and receives the beneficial interests of the business. 3) Minority As defined in CGS § 32-9n, minority means: PAGE 14
  • 54. • Black Americans, including all persons having origins in any of the Black African racial groups not of Hispanic origin; • Hispanic Americans, including all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture of origin; • All persons having origins in the Iberian Peninsula, including Portugal, regardless of race; • Asian Americans; • American Indians and persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliation through membership and participation or community identification; • A woman; • An individual with a disability. All SBEs and MBEs must be certified by the State of Connecticut's Supplier Diversity Program. For further information about the State’s requirements to qualify as a SBE and/or MBE, please contact the Supplier Diversity Director, Meg Yetishefsky at (860) 713-5228. Special Terms and Conditions A. Sub-contractors DAS must approve any and all sub-contractors utilized by the successful vendor prior to any such sub- contractor commencing any work. Vendors acknowledge by the act of submitting a proposal that any work provided under the contract is work conducted on behalf of the State and that the Commissioner of DAS or her designee may communicate directly with any sub-contractor as the State deems to be necessary or appropriate. It is also understood that the successful vendor shall be responsible for all payment of fees charged by the sub-contractor(s). A performance evaluation of any sub-contractor shall be provided promptly by the successful Vendor to the State upon request. B. Subletting or Assigning of Contract The contract or any portion thereof, or the work provided for therein, or the right, title, or interest of the Vendor therein or thereto may not be sublet, sold, transferred, assigned or otherwise disposed of to any person, firm, or corporation, or other entity without the prior written consent of DAS. No person, firm or corporation, or other entity, other than the Vendor to whom the project was awarded is permitted to commence work on the project unless such consent has been granted by the State. C. Conformance with Federal, State and Other Requirements By executing the contract, the vendor represents and warrants that, at all pertinent and relevant times to the contract, it has been, is and will continue to be in full compliance with all Federal, State, municipal or other governmental department, commission, board, bureau, agency, institution, office council, instrumentality, municipalities or not for profits codes, statutes, acts, ordinances, guidelines, resolutions, orders, judgments, decrees, injunctions, rules, regulations and the like. PAGE 15
  • 55. D. Federal Procurement Contract Requirements and Provisions In the event that federal grants involved in this procurement are discontinued, the State reserves the right to cancel this contract within thirty (30) days after written notification is given to the successful Vendor(s) by the State. The successful Vendor(s) shall allow the Federal Grantor Agency, the Comptroller General of the United States, or any of their duly authorized representatives access to any books, documents, papers, and records of the successful Vendor(s) which are directly pertinent to this specific contract transcriptions. State auditors shall also be allowed this same right to conduct a cost/price analysis. Successful Vendor(s) shall maintain all required records applicable to this contract for three (3) years after the State makes final payments and all other pending matters are closed. In the event that only one (1) proposal is received for each requested line item, the State reserves the right to conduct a cost/price analysis to determine if proposal prices represent fair market value. The successful Vendor(s) warrants that propose prices shall remain firm until the cost/price analysis is complete and, if acceptable, for the additional time necessary to process the purchase order. If the cost/price analysis finds that proposal prices do not represent fair market value, the State reserves the right to negotiate a fair and reasonable price with the successful Vendor(s) based on the findings of the cost/price analysis. E. Americans with Disabilities Act The contractor shall comply with the Americans with Disabilities Act in accordance with Public Law 101- 336 and any other applicable federal laws and regulations. F. Affirmative Action and Contract Compliance Reporting Vendors are advised that in addition to evaluating their qualifications, experience, capabilities, competitiveness of cost, and conformance to the RFP specifications, weight may also be given to vendors who demonstrate a commitment to affirmative action by full compliance with the Commission on Human Rights and Opportunities regulations. The Employment Information Form, included in this RFP, should be completed by the vendor and included with proposal. G. State Access to Records, Record Keeping, and Record Transfer The successful vendor shall prepare, maintain and preserve all records with respect to the administration of this program. During the term of the contract the State shall have access during normal business hours to all such records, in whatever form they exist or are stored, which records shall be the property of the State, and upon termination of the contract, all such records, or exact copies thereof, shall be immediately turned over intact to the State. The successful vendor shall afford the officers, attorneys, accountants, auditors, and other authorized representatives of the State free and full access to the records to be maintained by the successful vendor as pertains to the contract. At the option of the State, periodic audits may, at reasonable times, be made of the successful vendors’ and all of its subcontractors’ books and records insofar as they pertain to the contract. Such audits shall be made by the State or independent public accountants designated by the State. Said books and records shall be made available to the Auditors of Public Accounts of the State. PAGE 16
  • 56. H. Confidentiality and Care of Data The successful vendor agrees to protect the confidentiality of any files, data or other material pertaining to this contract and to restrict their use solely for the purpose of performing this contract. The successful vendor shall take all steps necessary to safeguard data, files, reports or other information from loss, destruction or erasure. Any costs or expenses of replacing or damages resulting from the loss of such data shall be borne by the contractor when such loss or damage occurred through its negligence. I. Vendor Submittal of Environmentally Preferable Products (EPP) Vendors are encouraged to submit pricing on products that are considered environmentally preferable. Environmentally Preferable means that such products have a lesser or reduced negative effect on human health and the environment when compared with competing products that serve the same function. “Environmentally Preferable Products” includes both recycled and recyclable products. Such products may be submitted as a substitute product under the contract list items or in the regular catalog. All environmentally preferable products, including those containing recycled content, whether under the contract list items or submitted under the regular catalog, shall be easily identifiable by use of a dedicated symbol. The written description of the product shall include at a minimum, the amount of the product that is recycled material, whether that material is post consumer, or where appropriate, a description of the environmental preferable qualities. J. Vendor Compliance with Energy Star Requirements To comply with the State’s requirements for the procurement of energy efficient appliances and equipment (Sec. 4a-67c: Equipment and appliances for state use, energy standards), Vendors shall provide Office Equipment that meets the US Environmental Protection Agency’s Energy Star guidelines for energy efficiency. In addition, Vendors must ship all products with the Energy Star low-power feature activated or enabled. This eliminates the need for users to configure the power management feature after delivery and helps to ensure that the energy-saving feature is used. Also, Office Equipment must be shipped with the default time for the low-power mode set to the levels specified in the Energy Star specification section and provide general information to users regarding the Energy Star features of the product. This information might include the following: a description of other energy-saving features, and a discussion of the savings associated with using the power-management features. Contract Terms and Conditions DAS is the only authority with the discretion to modify or deviate from this contract. No paperwork or authorization to modify this contract’s terms or transactions from this contract shall be permitted, unless approved by DAS. The following are terms and conditions that will appear in the awarded contract: A. Contract Extension The State reserves the right to extend this contract for periods of up to the original term of the contract under the same terms and conditions. PAGE 17
  • 57. B. Additions The State reserves the right to cancel the contract, or any part thereof, or make additions to the contract upon a fifteen (15) day written notice to the Vendor. The charge for any addition or deletion shall be an equitable rate satisfactory to the State and Contract User. Substantive additions must be confirmed by DAS through the issuance of an appropriate Contract Award Supplement. C. Open Enrollment Clause This is an open enrollment contract. After the initial deadline date of this RFP, additional proposers may be allowed to submit a response to the RFP only as requested by DAS, and only if a justified unmet need arises. Vendors will NOT be permitted to submit random proposals at their own discretion at any time to DAS. DAS will only add qualified contractors, after a thorough proposal review, to the contract once in place, to cover these justified unmet need(s) as determined by DAS. D. Management Reports Vendors shall submit monthly activity reports in Microsoft Excel to the DAS contact responsible for this contract no later than twenty (20) days after the end of each calendar month this contract is in effect. The reports shall be provided in electronic format and shall provide the following information: • Vendor Name • Customer (Contract User) Name [For UConn, department name is required as well] • Location (Address, Location within Building, Town, Zip Code) for each machine • Serial/ID Number • Make and Model Number • Number of copies/impressions run on each machine during the billing period; For UConn, this needs to be done on a PIN number basis to provide billing for individual departments • Consolidated summary of all monthly copies by Contract User; for UConn, consolidated summary by department must be included • Average monthly usage per machine, based on the trailing six months (including most recent month) • Number of service calls per month • Average response time per service call • Average downtime per service call • Service history, including all service calls and corrective actions taken • Details of major service problems and service reports must be provided upon request • Reports shall clearly show the quantity/volume of second tier SBE/MBE purchases are being done by the master vendor, to enable Contract Users to monitor progress for supplier diversity objectives These reports shall be on the forms approved in advance in writing by the DAS contact responsible for this contract, and shall itemize information in accordance with the request from DAS. Non-SBE Vendors are advised that DAS will request reports of purchases made through SBE vendors (otherwise known as second-tier reporting). Failure to comply may result in the termination of this contract or removal of the non-compliant Vendor from this contract. PAGE 18
  • 58. E. Discounted Pricing All prices for purchased or leased Office Equipment devices will be a percent discount off the Manufacturer’s/Vendor’s lowest current published price catalog. All Vendors must complete all sections of the Proposal Schedule. The discount, as awarded, will be a minimum discount and shall remain firm for the entire contract period. Additional discounts may be negotiated between DAS and the Vendor for large volume orders or for other procurements where additional discounts may be appropriate. Please refer to the Cost Savings Clause below. Vendors shall make the State aware of any Manufacturer’s promotions and discounts being offered as they apply to the current agreement. If discount programs are available for educational purchases, Vendors must offer them. The discounts are not applicable to the CPC program. F. Price Decreases Price decreases will become immediately effective on the date specified in the Manufacturer’s/Vendor’s printed notice of change. Price decreases should also include Promotional Pricing, and the State shall receive the lower of the Promotional Pricing, and the negotiated contract discount price. The Vendor shall bill the Contract User at the reduced prices for all deliveries made on and after the date of the manufacturer’s price reduction. The Vendor shall also promptly provide DAS with a letter of notice concerning the decrease in price of products for distribution to all end users. The Vendor shall provide an electronic pricing file to Joe Giliberto for loading into the Core-CT System. G. Cost Savings Clause The State reserves the right either to seek additional discounts from the Vendor, or to contract separately for a single purchase for a particular State project or other immediate procurements if, in the judgment of DAS, the quantity required is sufficiently large to enable the State to realize a cost saving over and above the published contract prices, whether or not such a savings actually occurs. H. Right to Renegotiate The State reserves the right to renegotiate the terms and conditions of this contract at any point in the future. Notice of such intent will be provided to the Vendor in writing, thirty (30) days prior to the anticipated effective date of the renegotiations. I. Transfer of Data All data stored in the successful Vendor’s files, electronic or hard copy will be returned to DAS upon the expiration of the contract resulting from the award of this RFP. J. Termination of Contract and Vendor Liability A contract awarded as a result of this RFP may be terminated as follows: • By DAS if the successful Vendor fails to fulfill in a timely and proper manner the obligations as set forth in the contract, or if the successful Vendor violates any of the covenants, agreements, or stipulations as set forth in the contract. DAS shall thereupon have the right to terminate this contract by giving written notice to the successful Vendor of such termination and specifying the PAGE 19
  • 59. effective date thereof, at least thirty (30) days before the effective date of such termination. In such event, and if progress payments have been made to the successful Vendor, all finished or unfinished documents, data, studies, and reports prepared by the successful Vendor under this contract will become the property of DAS. • By DAS, upon thirty (30) days prior written notice to the successful Vendor in whole or in part, when it is in the best interest of the State or DAS to do so. In the event of such termination, the successful Vendor will be reasonably compensated, in an amount as determined by DAS after receiving input from and negotiation with the successful Vendor, for all work prior to such termination date and accepted by DAS. • Notwithstanding the above, the successful Vendor shall not be relieved of liability to the State for damages sustained by the State by virtue of any breach of the contract by the successful Vendor, and DAS may withhold any payments to the successful Vendor for the purpose of set-off until such time as the exact amount of damages due the State from the successful Vendor is determined. K. Equality of Employment Opportunity During the performance of any contract financed in whole or in part by appropriation of the State, the Vendor(s) agrees as follows: • The Vendor(s) will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, or national origin. The Vendor(s) will take affirmative action to ensure that applicants are employed and that employees are treated equally during employment without regard to their race, creed, color, sex, age, or national origin. Such action shall include, but not be limited to the following: advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training including apprenticeships. The Vendor(s) agrees to post in conspicuous places, notices to be provided by the Contract Users setting forth the provisions of this non-discrimination clause. • The Vendor(s) will, in all solicitations or advertisements for employees placed by or on behalf of the Vendor(s), state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, age, or national origin. L. Insurance Vendor shall not commence work under this contract until it has obtained all insurance required under this Section, nor shall the Vendor allow any sub-contractor to commence work on its sub-contract until all similar insurance required of the sub-contractor has been obtained. Certificates of Insurance shall be forwarded to Gregg Nome at DAS upon request. Updates on the insurance coverage are the responsibility of the contractors. Insurance requirements will be strictly enforced. Vendor shall assume any and all deductibles in the described insurance policies. The Vendor's insurers shall have no right of recovery or subrogation against the State and the described insurance shall be primary coverage. Any failure to comply with the claim reporting provisions of the policy shall not affect coverage provided to the State. Each required insurance policy shall not be suspended, voided, cancelled or reduced except after 30 days prior written notice by certified mail has been given to the State. "Claims Made" coverage is unacceptable, with the exception of Professional Liability. Vendor agrees that he/she will not use the defense of sovereign immunity the adjustment of claims or in the defense of any suit, unless requested by the State. 1) Commercial General Liability $1,000,000 Combined Single Limit per occurrence for bodily injury, personal injury and property damage. Coverage shall include Premises and Operations, Independent Contractors, Products PAGE 20
  • 60. and Completed Operations, Contractual Liability and Board Form Property Damage coverage. If a general aggregate is used, the general aggregate limit shall apply either separately to the project or the general aggregate limit shall be twice the occurrence amount. 2) Workers’ Compensation and Employers Liability Statutory coverage shall be in compliance with the Compensation laws of the State. Coverage shall include Employer’s Liability with minimum limits of $100,000 each accident, $500,000 disease-policy limit, $100,000 each employee. With respect to all operations the Vendor performs and all those performed for the Vendor by sub-contractor(s), the Vendor, and sub-contractor(s) if used, shall carry Workers Compensation Insurance at statutory coverage limits and/or, as applicable, insurance required in accordance with the U. S. Longshoremen’s and Harbor Workers Compensation Act, the Federal Employers Liability Act, all in accordance with the requirements of the laws of the State, and the laws of the United States respectively. 3) Automobile Liability $1,000,000 Combined Single Limit Automobile Liability insurance shall be maintained against claims for damages resulting from bodily injury, including wrongful death, and property damage which may arise from the operations of any owned, hired or non-owned automobiles used by or for the Vendor in any capacity in connection with carrying out this contract. If a general aggregate is used, the general aggregate limit shall apply either separately to the project or the general aggregate limit shall be twice the occurrence amount. Vendor’s operations on airports that use vehicles on the air side require five million dollars ($5,000,000) automotive coverage unless specifically modified by the State, and may require additional special vehicle coverage depending on the types of vehicles employed. 4) Minimum Scope of Insurance All Liability insurance policies shall be written on an “occurrence” basis only. All insurance coverage is to be placed with insurers authorized to do business in the State and must be placed with an insurer that has an A.M. Best’s Rating of no less and A-, VII. All certificates of insurance shall be filed with DAS on the standard Accord Certificate of Insurance form showing the specified insurance and limits. The State shall be named as an Additional Insured. The Vendor’s insurer shall have no right of recovery of subrogation against the State and the vendor’s insurance shall be primary coverage. M. Change of Address In the event the Vendor moves or updates contact information, it is the responsibility of the Vendor to advise DAS of such changes in writing. The State will not be held responsible for payments or purchase orders delayed due to the lack of routing caused by the lack of notification on the Vendor’s part. Change of address or telephone updates must be forwarded to: Joe Giliberto Department of Administrative Services, Procurement Services 165 Capitol Avenue, 5th Floor – South Wing Hartford, CT 06106 PAGE 21
  • 61. N. Security Vendor must adhere to established security and/or property entrance policies and procedures established for each requesting Contract User. It is the responsibility of each Vendor to understand and adhere to those policies and procedures prior to any attempt to enter the Contract User premises. O. Hold Harmless Provision for the State The Vendor shall at all times indemnify and save harmless the State, and their respective officers, agents and employees, on account of any and all claims, damages, losses, litigation, expenses, counsel fees and compensation arising out of injuries (including death) sustained by the officers, agents and employees of said Contract User, or of the Vendor, his Sub-contractor from injuries (including death) sustained by or alleged to have been sustained by the public, any or all persons on or near the Work, or by any other person or property, real or personal (including property of said State or Contract User) caused in whole or in part by the acts, omissions, or neglect of the Vendor including but not limited to any neglect in safeguarding the Work or through the use of unacceptable materials in constructing the Work of the Vendor, and Sub-contractor or anyone directly employed by them or any of them while engaged in the performance of the Contract, including the entire elapsed time from the date of the Notice to Proceed or the actual commencement of the Work whichever occurs first until its completion as certified by the State. P. Property Damage The Vendor shall make prompt restitution to the Contract User by certified check or replacement, or repairs (subject to the Contract User's approval), in settlement of any damage(s) to the Agency's or tenants' property caused by the Vendor's employee(s). Q. Construction Safety and Health Standards It is the condition of this contract and shall be made a condition of each subcontract entered into pursuant to this contract, that the Vendor and any subcontractor shall not require any laborer or mechanic employed in its performance to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health or safety, as determined under the Construction Safety and Health Standards (Title 29, Code of Federal Regulations Part 1518 - published in the Federal Register on April 27, 1971) promulgated by the United States Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act 83, Stat. 96. R. Mandatory Extension of Contract for Use by Political Sub-Divisions and Not-for-Profit Organizations. Vendors are required to offer the extension of this contract (including pricing, terms and conditions) to political sub-divisions of the State, including but not limited to towns, municipalities, school systems and not-for-profit organizations. S. Summer School Waiver For the months of July and August, schools, technical and community colleges, and universities may have significantly lower volumes. DAS and the Vendor(s) will determine the price adjustment for these devices. This waiver does not apply to the University of Connecticut. PAGE 22
  • 62. Contract User Specific Clauses Particular Contract Users have unique specifications and requirements that the Vendor(s) must account for in understanding the scope of service. Contract User Specific Clauses shall supersede any clauses in other sections of this RFP. A. Secure Facilities Some Agencies that have facilities to be serviced are secure facilities. Examples of this include the Department of Correction (DOC) and the Military Department. All of the Vendor’s employees who work at these locations will, therefore, be subject to a background check. Prior to commencing work, the Vendor must provide the necessary information required for this purpose, including but not limited to driver’s license numbers and DMV license numbers. Only Vendor’s employees whose names are on the approved list will be allowed on the sites. Any Vendor employee who is not on the Contract User- approved list will be escorted off the grounds. The Vendor must replace the removed employee with approved personnel within one hour of being notified. Additional Vendor employees can be added with no less than 72 hours of advance notice. The Vendor must notify the Contract User in writing within 24 hours when any approved employee is no longer employed by the Vendor. The Vendor is also required to provide emergency telephone numbers and contact personnel that are available 24 hours, 7 days per week, including holidays. Failure to supply the Contract User the required information at least 72 hours prior to the scheduled delivery may result in the cancellation of the contract. B. Identification Badges (Bradley International Airport, Air National Guard) All persons working at Bradley International Airport are required to properly display an individual, valid, Bradley Airport security identification badge. The security badge will be issued upon the successful completion of a criminal history records check, and training/testing program – all administered by Bradley International Airport personnel. The cost per person is $50.00. This charge is subject to change. Persons with felony convictions will be evaluated on an individual basis. Contractor agrees to assign at least one individual, to a maximum of three individuals, to act as Authorized Supervisor for the airport. This individual will be required to sign an Authorized Supervisor Agreement, and to abide by the terms of that agreement which includes, but is not limited to, the immediate return of terminated/transferred employees’ security badges, limited dissemination of security- related information, and payment of any applicable federal or state penalty (e.g. - $100 per badge for unreturned badges, up to $1,100 per occurrence for an individual employee’s failure to comply with security regulations, such as failure to properly display security badge, failure to control access through a secured door, etc.) Bradley International Airport reserves the right to suspend and/or terminate security privileges of individual employees pending investigation of any employee allegedly in violation of any security regulation. Security privileges for the entire company may also be suspended and/or terminated for failure to comply with security regulations. C. Technical Service/Maintenance Requirements – University of Connecticut (UConn) The successful Vendor shall provide, for the UConn Storrs campus only, two (2) dedicated, equipment certified, on-site, full-time (Monday through Friday, 8:00 AM to 5:00 PM) service technicians or as many as may be required at peak activity periods. The technicians will be certified by the equipment manufacturer on the equipment installed. Copies of technicians’ certification(s) are required with the PAGE 23
  • 63. proposal. The University reserves the right to effect a change in representatives for the positions outlined if service is unsatisfactory. Due to security factors, secured locations and other factors, the University reserves the right to request that the Vendor not rotate several technicians in and out of the University campuses. All service calls will be logged and reported to the designated program administrator on a monthly basis (including the time of call and response time offered by the technician). The maximum service response time for on-site maintenance is the maximum time before a certified technician appears on-site and is fully prepared to affect all of the necessary repairs. That response time shall not exceed two (2) hours from the time that the Department place the call to the repair office. If this criterion is not met, the University reserves the right to impose a fee commensurate with the severity of non-performance for these criteria. Guaranteed uptime of 95% (from time of call to resolution of problem) per machine. This does not include any regular scheduled routine maintenance, operator training, or toner/supply replacement. Uptime is to be calculated for any 90-day period. Machines failing to maintain 95% uptime will be removed at no cost to the University and replaced by vendor with an identical model, or one with comparable features and capabilities that meets or exceed current level of equipment. The Vendor shall be responsible for contacting the designated program administrator for taking meter readings each month, at each copier site, upon which a verbal or written/faxed reading will be relayed to the Contract User. The University shall be given a copy of these readings along with detailed service reports on each copier placed, on a monthly basis, to aid in monitoring copier performance. D. Performance Bond – University of Connecticut Upon award of this contract, the selected Vendor(s) will be required to provide an annual one-hundred thousand dollar ($100,000) performance for each year the contract is in effect. The performance bond required must be acquired upon contract award at the Vendor(s)’s expense. The purpose of this bond is to protect UConn in the event of default on one or more of the contract terms by the chosen Vendor(s). The bond is an amount sufficient to reimburse UConn for the full amount of its anticipated business risk under the contract, and includes provision for both the time and expense which would be incurred by the University in obtaining an alternate Vendor in the event of contractual default. The amount of the bond does not include punitive damages. The bond also does not prevent the exercise by the University of any other remedies available to the University, in whole or in part, under current Federal and State Statutes, in the event of contractual default. Products and Services Demand Profile A. Office Equipment Products and Services The Contract Users are expected to spend approximately $10+ million in Office Equipment next year. The key sub-categories of Office Equipment include: • Copier acquisition • Printer acquisition • Fax machine acquisition • Office Equipment maintenance • Supplies services program Additionally, there is substantial additional spend and volume from institutions of higher education and political sub-divisions (towns, municipalities, etc.), which are not required to use State contracts. It is the PAGE 24
  • 64. State’s goal to encourage use of its competitive contracts resulting from this RFP among the preceding entities. B. Historical Demand Profile The file named “OE_Exhibit” is intended to give you an estimate of the Contract Users Office Equipment acquisitions for a period of one year – however, the exact quantities will vary over time as the business requirements change. While you may use the demand information provided here as a guide, please understand that it does not represent a commitment by the Contract Users. Copiers Roll Off Summary provides a lease termination schedule for all of the State’s copiers. Copiers – Purchased Items provides a list of copiers purchased by the State in the previous fiscal year. Copiers – State Data - provides a list of the State’s current copier inventory as well as a historical profile of the Contract User’s usage. This covers compulsory and non-compulsory agencies. Copiers – Municipal Data provides a list of the current copier inventory for municipalities as well as a historical profile of the Contract User’s usage. Printers Exhibit provides the State’s historical profile of the Contract Users’ purchases of printers for the past fiscal year. Facsimile Exhibit provides the State’s historical profile of the Contract Users’ purchases of fax machines for the past fiscal year. In regards to institutions of higher learning, the total number of copiers at UConn is approximately 494 copiers, with 362 purchased and 132 leased. The vast majority of these copiers are located at UConn’s main campus in Storrs. The current UConn program replaces approximately seventy (70) copiers per year through purchases or leases. The most frequently utilized copiers at UConn are rated for 20,000 – 40,000 copies per month per machine. C. General Service Requirements 1. Acquisition and Usage Agreement Vendor shall hold title to all Office Equipment for the term of the placement. The State shall have no equity in the Office Equipment units. The contract award and Contract User purchase order shall be the only documentation necessary on the contract. No additional Vendor agreements (rental or lease) will be allowed. Contract User personnel must not sign any agreements from any Vendor listed on the contract award. Vendor shall be responsible for the payment of any and all local property taxes and insurance on Office Equipment devices supplied to the state agencies under this contract. 2. Rentals Rentals shall be cancelable with thirty (30) days written notice to the Vendor. Contract Users may not extend any of the rental plans listed on the contract award. As a rental plan expires Contract Users may enter into a new plan with the Vendor furnishing devices. However, under agreement with the Vendor if the agency chooses to purchase the device at any time during the PAGE 25
  • 65. rental term the Contract User may request a buyout price from the Vendor. DAS reserves the right to extend any rental agreement when this extension is in the best interest of the State. 3. Delivery Successful Vendor shall bear all costs of transportation, packing, crating, delivery, installation, storage, and service under warranty, F.O.B. destination; to the appropriate designated delivery location. The costs of delivery, cartage, temporary storage, off-loading costs, and insurance are the responsibility of the Vendor. Upon installation of each piece of Office Equipment, Contractor(s) are required to remove any and all packaging/shipping materials related to the unit. Deliveries shall be made as specified by Contract User, and at the normal receiving hours of Contract User, within fifteen (15) days after the receipt of a purchase order. Notice of delivery must be made to the Contract User twenty-four (24) hours prior to the delivery of the equipment. All items of Office Equipment shall be delivered, set-up, and ready for use complete with all supplies (except paper) for immediate use in the location specified by the ordering Contract User. As part of the delivery, the awarded Vendor shall assist the users, and if requested, program any Contract User information, if applicable. Delivery must include all necessary software, installation of software at the end-user’s desktop, and network software, including installation, to utilize the equipment at no extra charge. Vendor shall provide operator training at each location at no additional cost at the time of delivery (to be scheduled after issuance of a Purchase Order). 4. Consumable Supplies Any supplies furnished by the Vendor for Office Equipment products shall be OEM or OEM approved supplies. 5. Equipment Removal Vendor will remove equipment at no charge at the placement term and/or cancellation at no charge to the State. Equipment shall be removed within fourteen (14) calendar days after the end of the placement term and/or cancellation. Any equipment not removed within the fourteen (14) days may be transferred and stored to an off site location. If equipment is not removed within the fourteen (14) days, the Vendor shall pay the State all expenses encumbered by the State including but not limited to transportation charges, storage charges, and administrative fees. 6. Purchase Orders Purchase Orders will be issued by each specific Contract User for services related to this contract. Vendors shall not perform services without receiving a purchase order. Questions regarding purchase orders should be directed to the issuing Contract User. 7. Invoicing Vendor shall issue a single invoice per purchase order to each Contract User on a monthly basis. Any incorrect invoice will be sent back to the Vendor and remain unpaid until the Vendor provides an exact invoice identical to the purchase orders issued during the month being invoiced. Vendor shall submit with the invoice an itemized report showing, at a minimum, the following: • Customer (Contract User) Name • Location (Address, Location within Building, Town, Zip Code) for each machine • Serial/ID Number • Number of copies/impressions run on each machine during the billing period; For UConn, this needs to be done on a PIN number basis to provide billing for individual departments PAGE 26
  • 66. • Consolidated summary of all monthly copies by Contract User (within UConn, summary by department) • Monthly meter reading for each machine When the Vendor sends the correct invoice to the Contract User, the net 45 days payment term begins. 8. Training Upon installation of new equipment Vendor will guarantee the State that adequate training will be provided at no charge to the Contract Users for proper use of the equipment. The level of required training shall be determined between the Vendor and the Contract User. Training sessions will be scheduled according to the training needs for the product installed. Schedules shall be made according to Contract User requirements. RFP Qualitative Questions In the Microsoft Excel file named “OE_General_Vendor_Information,” the State seeks to assess, through general and more specific questions, the capability of the Vendor to provide Office Equipment products and services to Contract Users and the State. The questions in this section are intended to provide the Vendor with a set of questions and requests for information that will better allow the selection committee to understand and to assess the Vendor’s capability to provide the required services for the State. Please enter your answers in the blue and yellow cells on this Excel worksheet. Cells left blank will be interpreted as a “No Response.” RFP Pricing The Microsoft Excel file named “OE_Schedule” includes fifteen (15) worksheets to determine pricing for the State’s Office Equipment. Each worksheet has instructions at the top of the page. The following provides a brief description of many of the worksheets within this Microsoft Excel file: • “Instructions and Index” – Provides general instructions for completing the worksheets in this Microsoft Excel file. • “New Copier-Specs by Band” – Vendor will propose a New copier model for each band defined in this section and propose the specifications by band. • “New Copier-Pricing by Band” – Vendor will propose pricing for New equipment, consumables, and maintenance. • “New Copier-Acces. Specs” – Vendor will propose specifications for accessories within each band of New machines. • “New Copier-Acces. Pricing” – Vendor will propose pricing for accessories within each band of New Machines. • “Remanufactured-Specs by Band” – Vendor will propose a Remanufactured copier model for each band defined in this section and propose the specifications by band. • “Remanufactured-Pricing by Band” – Vendor will propose pricing for Remanufactured equipment, consumables, and maintenance. • “Remanufactured-Acces. Specs” – Vendor will propose specifications for accessories within each band of Remanufactured machines. PAGE 27
  • 67. • “Remanufactured--Acces. Pricing” – Vendor will propose pricing for accessories within each band of Remanufactured machines. • “Laser Printer-Specs & Pricing” – Vendor will propose a printer model for each band, with specifications and pricing for each band. • “Facsimile-Specs & Pricing” – Vendor will propose a facsimile model for each band, with specifications and pricing for each band. • “State Owned Office Equipment” – Vendor will propose pricing for maintenance services to provide on state owned Office Equipment, including copiers, printers, and fax machines. • “Discounts and Rebates” – Vendor will propose additional, non-pricing cost reductions that could benefit the State. A. Copier Definitions – New and Remanufactured In the Microsoft Excel file named “OE_Schedule,” the terms New and Remanufactured are used to describe copiers. Here are the definitions, according to the Buyers Laboratory Inc., Fall 2003 publication: New – New copiers are called New, Factory-Produced New Model, and Newly Manufactured • New machines are units which have not been used previously and are being actively marketed by the Vendor. • Factory-Produced New Model is equipment that has been converted to new model status, which maintains features and/or functions of the previous model and adds new features and/or functions not available on the previous model. The Factory-Produced New Model has been disassembled to a predetermined standard, and manufactured to new model status. Factory- Produced New Model equipment is given a new serial number • Newly Manufactured is equipment that has been assembled for the first time from new parts (it may contain some reprocessed parts or components that meet new parts or components performance standards.) Remanufactured copiers undergo extensive refurbishing after a period of use before they are offered for rental or for sale. B. Copier Schedule The State currently procures copiers through a lease agreement, for up to sixty-three (63) months. The equipment component of the lease is a monthly fee while the maintenance and consumables part of the lease are either priced on a CPC or monthly basis. The State is seeking to realize both immediate cost savings and setting up a program that will provide value, service, and quality to Contract Users during the term of this contract. Vendors are requested to propose aggressively for CPC copiers, purchased copiers, and for copier fleet management. The State seeks pricing for the following: • Purchased copiers – Please reference “OE_Schedule” for New and Remanufactured machines. • Copiers on a CPC program (for 36, 48, 60, and 72 months) – Please reference “OE_Schedule” for New and Remanufactured machines. PAGE 28
  • 68. • Single CPC Solution (Inclusive of all Bands) – Vendor determines the composition of the fleet based on appropriate factors (including existing footprint, rollout schedule, and historical usage- provided in the exhibits). Please reference “OE_Schedule” and the worksheet named “Single CPC Solution.” • Cost Savings Proposals for Equipment with Lease Termination Dates in FY’06 and beyond – Vendors are requested to propose cost savings solutions that encompass the State’s existing copier equipment with lease end dates in FY 06 and beyond. Please reference “OE_Schedule” and the worksheet named “Cost Savings Proposal.” • Total Buyout - Vendors are requested to propose a total buyout and reconfiguration of New and Remanufactured equipment on a CPC basis. Please reference “OE_Schedule” and the worksheet named “Total Buyout.” • Innovative Proposal – Vendors are requested to propose any innovative solutions that will enable the State to realize immediate cost savings. Please reference the file named “OE_General_Vendor_Information.” It is the intention of the State to switch all of its copier fleet pricing to a CPC system, while preserving the commitment to use the equipment for a specific set of time (in months) provided by the usage agreement. The Vendor will be presented with different copier bands, based on monthly copy volume, and is requested to provide, in the copier worksheets in the Microsoft Excel file named “OE_Schedule,” a copier model for each band. As the State seeks copiers for both the CPC solution and for purchases, the Vendor will work with the Contract Users to determine the appropriate copier placement. The Vendor will then propose separate CPC prices for maintenance, consumables and equipment, for agreements to use for thirty-six (36), forty-eight (48) and sixty (60) months. The Vendor will also propose CPC pricing on copier options for the same usage term periods. It is understood that technology evolves, and that newer, more efficient and more economical machines appear in the Vendor’s catalog every year. The State expects to review the list of copiers proposed, in agreement with the Vendor, those models for which a newer version is available, while using the same or lower CPC. Similarly, Vendors will be requested to propose pricing for the purchase of copiers by providing pricing based on a discount off of the manufacturer’s list price. Furthermore, Vendors are requested to propose a buy out program for the State’s copiers, so that the State can realize cost savings as soon as possible. The Vendor may be allowed to reuse and to manage those digital copiers being bought out from other Vendors for placement within the State. C. Printer Schedule It is the intention of the State to reduce its procurement of dot matrix and inkjet printers and to benefit from the advantages of networked laser printers. To this effect, the Vendor is provided with a list of the most widely used laser printers in the State. The Vendor shall propose a substitute for each printer that meets or exceeds the specifications listed. The Vendor shall then propose a discount off of the manufacturer’s list price for those printers as well as lease pricing for those printers and the options listed in the worksheet titled “Laser Printer-Specs & Pricing.” It is understood that technology evolves, and that newer, more efficient and more economical machines appear in the Vendor’s catalog every year. The State expects to review, on a quarterly basis, the list of printers proposed and replace, in agreement with the Vendor, those models for which a newer version is available. Discount schedules for those models being replaced shall remain valid and applicable to the newer machines. Finally, the Vendor will be required to propose a catalog price discount for non-listed printers. PAGE 29
  • 69. D. Fax Machine Schedule The Vendor shall propose fax machine models for the specifications listed and propose lease and discount pricing in the worksheet titled “Laser Facsimile-Specs & Pricing.” The Vendor shall offer discounts off of the manufacturer’s list price. It is understood that technology evolves, and that newer, more efficient and more economical machines appear in the Vendor’s catalog every year. The State expects to review, on a quarterly basis, the list of fax machines proposed and replace, in agreement with the Vendor, those models for which a newer version is available. Discount schedules for those models being replaced shall remain valid and applicable to the newer machines. E. Maintenance The Office Equipment footprint provided in the “OE_Exhibits” file shows a significant number of State- owned equipment. In the Microsoft Excel file named “OE_Schedule” the worksheet named “State Owned Office Equipment” requests pricing for the maintenance of those machines. Since the State is switching to a CPC program for its copiers, the Vendor will be required to offer maintenance pricing on a CPC basis. Maintenance pricing can include toner supplies on a CPC format only. The Vendor is also requested to provide monthly pricing for the maintenance of printers and fax machines. Additionally, DAS requests pricing, on a per call basis, for maintenance, which will include labor and a discount off of MSRP for parts, for printers and fax machines. F. Discounts and Rebates The State recognizes the potential to realize additional savings by partnering with the Vendors who work with the State to offer additional contract incentives that benefit both parties. In the Microsoft Excel file named “OE_Schedule,” the worksheet “Discounts and Rebates” requests that Vendors propose additional incentives to the State and its Contract Users. The State requests that the Vendor propose rebates and discounts that will be extended to the State based on the following criteria: • Contract Term Length: Propose an additional percentage discount on pricing if the State were to agree to a four (4) or five (5) year contract. • Other: Propose other potential items that could result in potential discounts or rebates for the State. • Tiered Volume Rebates: Propose year-end percentage discounts to the State if annual sales to Contract Users reaches or exceeds specified spending targets. The table in the Excel worksheet suggests several different volume tiers, but the Vendor is free to propose additional volume tiers that would result in a year-end discount for the State. This pricing grid has been pre-formatted to provide information in percentages, rounded to the second decimal place. Do not try to change either the formatting or structure of this pricing grid, as this could result in an incorrect analysis of the RFP and disqualification of the Vendor. Quality and Service Requirements A. Tax Exemption Material covered by this proposal is exempt from all Federal and State Taxes. Such taxes shall not be included in prices quoted, nor added to any invoice associated with a purchase made under the resulting agreement. PAGE 30
  • 70. B. Non-Pricing Related Cost Reductions During Contract Term The Contract Users are seeking to establish long-term relationships with their Vendors and expect Vendors to initiate and support value-engineering programs that reduce costs without loss of profit margin to the Vendors. Examples of value engineering savings include, but are not limited to: • Office Equipment Standardization • Process and productivity improvements (KanBan, Point-of-Use, e-Commerce, etc) • Cost Avoidance (repair vs. replace, etc.) Within the Microsoft Excel file named “OE_General_Vendor_Information,” Vendors can propose value engineering programs under Question 39. C. Service Availability Vendors must agree that there will be no cancellation of services without an equal and acceptable replacement of services or credit to the State or Contract User, approved by the designated DAS representative during the term of the contract. A Vendor’s discontinuation of any services must be communicated to Contract Users by the Vendor in writing within five (5) business days. In such instances, Vendors agree to work with Contract Users to identify and implement alternative options that maintain or reduce costs associated with the replacements. D. Substitutions Substitution on any Office Equipment on any order will not be accepted by Contract Users, unless authorized in writing by the DAS representative for this contract through a revised purchase order and amendment to the Vendor catalog. E. Contact Information The Contract Users require the Vendor(s) to have a Connecticut Vendor contact person and either a local Connecticut telephone number, a toll free (800) number, or agree to accept collect calls. Each Contract User is responsible for placing its orders and may be accomplished by written purchase order, telephone, fax or computer on-line systems. The contact should be able to be reached Monday through Friday from 8:00 AM to 5:00 PM EST. F. Payment Options The Contract Users may pay by check, electronic funds transfer, or with the State's authorized procurement (credit) card. The Vendor(s) must be a Comptroller approved service provider entitled to be paid using the procurement card and must be able to accept the State's credit card for a single, monthly acquisition under $1,000. Questions regarding The State’s MasterCard Program should be directed to Ms. Kerry DiMatteo, Procurement Card Program Administrator at (860) 713-5072. G. Customer Service The Vendor(s) should provide Contract Users a single, local point of contact (and a backup) to handle questions and resolve problems that arise. At least one Customer Service Representative must be available during Vendor’s operating hours. All service representatives must have on-line access to PAGE 31
  • 71. information to provide immediate response to inquiries concerning the status of Office Equipment orders, emergency service requests, State contract pricing, contracted services/exclusions, contract compliance requirements, and general service information. Representatives should be available by telephone (Connecticut or toll free (800) number preferred), fax, or email. The Customer Service contact should be able to be reached Monday through Friday from 8:00 AM to 5:00 PM EST. Both Contract Users and the Vendor(s) will commit to quarterly reviews of internal customer satisfaction and will make consistent efforts to improve customer satisfaction. H. Quality Assurance Guarantees The Vendor(s) is to guarantee its Office Equipment to be free from defects in materials and workmanship, given normal use and care, over the period of the contract term. The terms of this contract will supersede any language to the contrary on purchase orders, invoices or other documents produced by the Vendor(s). The Vendor(s) is to agree to repair and/or immediately replace without charge to Contract Users any device or part thereof which proves to be defective or fails within the contract term as specified. I. Lockout Items Lockout items are those that may be listed in a manufacturers general catalog but are not available for acquisition under this contract because they are either not considered to be copier/printer/fax products or are available under an existing State contract. Categories of lockout items may include, but are not limited to, the following: • Consumable supplies (toner cartridges—unless specified in the award as part of a CPC program) • Consumable supplies (paper) • Digital Scanners • Fax Servers In the event a Vendor receives an order for a lockout item, they must • Notify the ordering agency in writing to refuse delivery, and • Bring to the immediate attention of DAS. Upon the expiration of contracts for items that are initially locked out, the State reserves the right to incorporate them into this contract using the quoted percent discount off manufacturers lowest current published price catalog. J. Guarantee/Warranty The Vendor guarantees that all the equipment items offered and that all the parts and supplies used in performing maintenance are standard New, Factory-Produced New Model, and Newly Manufactured models (according to the Buyer’s Laboratory Inc. Fall 2003 definitions documented in Sub-Section A. of the RFP Pricing section) of regular stock product, currently in production with Original Equipment Manufacturer (“OEM”) parts regularly used for the type of equipment offered; also that no attachment or part has been substituted or applied contrary to the manufacturers recommendations and standard practice and that such parts are all in production and not likely to be discontinued. All equipment parts and supplies must be made by an OEM or an OEM approved provider. For purchased copiers, purchased or leased printers, and purchased or leased fax machines, the following applies: PAGE 32
  • 72. • Every unit delivered must be guaranteed against faulty material for at least one year from the date of delivery and installation if such fault develops during this period the proposer agrees to replace the unit or part affected at the agencies location without cost to the State. • Any extended warranties and optional warranties offered shall be in addition to the warranty information stated above. K. Ability to produce acceptable copies on post-consumer waste recycled paper Connecticut State Agencies use recycled 30% post-consumer waste copy paper. Therefore, all Office Equipment using cut sheet paper must provide documents of acceptable quality on various types of papers, including paper with rag content and post consumer waste recycled paper. The State’s definition of acceptable is that each machine shall create top quality copies with consistency and reliability. Recycled post-consumer waste copy paper purchased through the state office supplies contract has undergone user group testing and shall not be deemed as the cause of Office Equipment malfunction. L. Maintenance and Repair Service Vendor will provide repair including necessary adjustment, and replacements of all unserviceable parts. Service is to include all parts and labor. Service is to include all parts including drums, maintenance kits, labor and travel to equipment location. All service calls will be logged and reported to the designated program administrator on a monthly basis (including the time of call and response time offered by the technician). The maximum service response time for on-site maintenance is the maximum time before a certified technician appears on-site and is fully prepared to affect all of the necessary repairs. If this criterion is not met, DAS reserves the right to impose a fee commensurate with the severity of non- performance for these criteria. Vendor shall provide loaner equipment in like for like basis for any machine that cannot be put back in operating condition within three (3) days from original service call. (Like for like shall be a unit with equal or similar features and market type). Vendor shall respond on site to all service calls within four (4) business hours, respond by phone within one (1) hour, and a repair time of twenty-four (24) hours from response. For Vendors not responding to a service call within twenty-four (24) hours of notification, the Contract User may call a competitive supplier for immediate service. Such charges shall be deducted from the monthly billing of the delinquent vendor. If a Vendor fails to respond within the twenty-four (24) hour period on three documented occasions during the contract, the award, at the discretion of DAS may be cancelled and re-awarded under the provisions of Form RFP-19. A response shall be defined as a service representative visiting the agency and working on the specific machine called for servicing. Guaranteed uptime of 95% (from time of call to resolution of problem) per machine. This does not include any regular scheduled routine maintenance, operator training, or toner/supply replacement. Uptime is to be calculated for any 90-day period. Machines failing to maintain 95% uptime will be removed at no cost to the University and replaced by vendor with an identical model, or one with comparable features and capabilities that meets or exceed current level of equipment. The Vendor shall be responsible for contacting the designated program administrator for taking meter readings each month, at each copier site, upon which a verbal or written/faxed reading will be relayed to the Contract User. The Contract User shall be given a copy of these readings along with detailed service reports on each copier placed, on a monthly basis, to aid in monitoring copier performance. Equipment maintenance will be performed during regular working hours Monday through Friday exclusive of state government holidays. PAGE 33
  • 73. Vendor shall meet or exceed all of the manufacturer’s preventive maintenance requirements. All equipment parts and supplies must be made by an OEM or an OEM approved provider. M. Maintenance Limitations (applicable only to State-owned equipment) Vendors quoting on maintenance of copiers shall do so with the understanding that the quote is for all those identified copiers in the current State fleet that are covered by a current maintenance agreement. There shall be no inspection or upgrade charge for any copier that has been on continuous maintenance agreement. Copiers that have been serviced on a time and materials basis only shall be subject to an inspection and/or upgrade charge prior to a new service agreement being applicable. Inspections shall be performed at no cost to the State. If required, Vendors shall provide the Contract User with a written proposal for any upgrade requirements prior to a new service agreement being applicable. Vendor shall deduct the number of copies made by service technicians when billing each Contract User. Contract Users shall not be responsible for payment of copies made as a result of a service call. Vendor shall provide loaner equipment on a like for like basis for any machine that can not be put back in operation condition within three (3) calendar days from original service call. (Like for like shall be a copier with equal or similar features and capacity for monthly volume). The contract award and agency purchase order shall be the only documentation necessary on the contract. No additional vendor service agreements will be allowed. Contract User personnel must not sign any agreement from vendor listed on the contract award. N. Dealer Authorization A letter from the Manufacturer dated within one (1) month of the proposal due date of authorized dealership to the State to sell and service their machines with availability of factory parts, and factory training on all models quoted must accompany the proposal. Failure to submit such a letter with the proposal shall result in a rejection of the proposal. A buy-sell agreement showing availability of parts may be substituted for an authorized dealership certification if, other evidence of competence or servicing of equipment quoted is also presented. Vendors must submit not less than three (3) references for machines serviced with the proposal. O. Billing Vendor shall issue, in arrears, monthly itemized invoices to each ordering agency. Vendor shall be capable if requested to provide centralized billing and be prepared to accept payment through the State of Connecticut Purchasing Card. The State has implemented PeopleSoft Version 8.4 e-procurement solution. The PeopleSoft system can deliver Purchase Orders (PO's) to the vendors using the ANSI X12 document exchange standard, commonly referred to as Electronic Data Interchange (EDI). The ANSI X12 standard defines the data format to facilitate the electronic exchange of many business documents between trading partners. Vendors receiving awards from this RFP may be required to utilize EDI in doing business with the State during the contract term to receive orders from the State. Vendors that do not and/or cannot comply with the EDI requirements when required, within a reasonable amount of time specified by the State, may be terminated from this contract award. Vendors will also be required to acquire all necessary software and hardware, incurring all costs, which include all associated fees from the State’s current EDI third party provider. PAGE 34
  • 74. P. Material Safety Data Sheet Vendor shall submit Material Safety Data Sheets (MSDS) for all supplies that contain chemicals and/or other hazardous materials as defined in the Consumer Product Safety Act and Federal Hazardous Substances Act. PAGE 35
  • 75. Selection Criteria A selection committee will review and score all proposals. The selection committee will be composed of Connecticut purchasing officials and, where applicable, a selection of key category end-users from across Connecticut government bodies that will review and score all proposals using the following criteria: A. Total Cost/Savings • Cost per copy pricing, including equipment, consumables, and supplies • Cost of accessories • Quality and features of proposed equipment • Total buyout cost • Overall savings for acquisition of copiers, printers, fax machines, as well as maintenance • Discount structure for catalog items • Creative/alternate proposal B. Company Information • Geographic coverage • Account management team • Qualifications of sales and account management staff • Customer references – large government and private sector accounts • Experience with other government entities • Implementation/transition plan C. Service and Administration • Reporting capability • Service capability • Administration, Billing, and Electronic Reporting • Past performance with State of Connecticut and Contract Users • Qualifications of technical and service staff D. Program to Partner with SBE/MBE Vendors E. Value Added Services PAGE 36
  • 76. Standard RFP and Contract Terms and Conditions All Requests for Proposal issued by the Department of Administrative Services, Procurement Services will bind Vendors to the terms and conditions listed below, unless specified otherwise in any individual Request for Proposal. Incorporated by reference into this contract are applicable provisions of the Connecticut General Statutes including but not limited to Sections 4a-50 through 4a-80 and applicable provisions of the Regulations of Connecticut State Agencies including but not limited to Sections 4a-52-1 through 4a-52-22. The contractor agrees to comply with the regulations referred to in this section as they exist on the date of this proposal and as they may be adopted or amended from time to time during the term of this contract and any amendments thereto. Submission of Proposals 1. Proposals must be submitted on forms supplied by Procurement Services. Telephone or fax proposals will not be accepted in response to a Request for Proposal. 2. The time and date proposals are due is given in each RFP issued. Proposals received after the specified due date and time of RFP given in each RFP shall not be considered. RFP envelopes must clearly indicate the RFP number as well as the date and time that the RFP is due. The name and address of the Vendor should appear in the upper left hand corner of the envelope. 3. Incomplete RFP forms may result in the rejection of the proposal. Amendments to proposals received by Procurement Services after the due date and time specified, shall not be considered. An original and one copy of the proposal schedule shall be returned to Procurement Services. Proposals shall be computer prepared, typewritten or handwritten in ink. Proposals submitted in pencil shall be rejected. All proposals shall be signed by a person duly authorized to sign proposals on behalf of the vendor. Unsigned proposals shall be rejected. Errors, alterations or corrections on both the original and copy of the proposal schedule to be returned must be initialed by the person signing the proposal or their authorized designee. In the event an authorized designee initials the correction, there must be written authorization from the person signing the proposal to the person initialing the erasure, alterations, or correction. Failure to do so shall result in rejection of the proposal for those items erased, altered or corrected and not initialed. 4. Conditional proposals are subject to rejection in whole or in part. A conditional proposal is defined as one which limits, modifies, expands or supplements any of the terms and conditions and/or specifications of the Request for Proposal. 5. Alternate proposals will not be considered. An alternate proposal is defined as one which is submitted in addition to the vendor’s primary response to the Request for Proposal. 6. Prices should be extended in decimal, not fraction, to be net, and shall include transportation and delivery charges fully prepaid by the Vendor to the destination specified in the proposal, and subject only to cash discount. 7. Pursuant to Section 12-412 of the Connecticut General Statutes, the State of Connecticut is exempt from the payment of excise, transportation and sales taxes imposed by the Federal Government and/or the State. Such taxes must not be included in proposal prices. 8. In the event of a discrepancy between the unit price and the extension, the unit price shall govern. 9. By its submission the vendor represents that the proposal is not made in connection with any other vendor submitting a proposal for the same commodity or commodities and is in all respects fair and without collusion or fraud. 10. All proposals are subject to public inspection upon award. Guaranty or Surety 11. Proposal and or performance bonds may be required. Bonds must meet the following requirements: Corporation - must be signed by an official of the corporation above their official title and the corporate seal must be affixed over the signature; Firm or Partnership - must be signed by all the partners and indicate they are “doing business as”; Individual - must be signed by the owner and indicated as “Owner”. The surety company executing the bond or countersigning must be licensed in Connecticut and the bond must be signed by an official of the surety company with the corporate seal affixed over their signature. Signatures of two witnesses for both the principal and the surety must appear on the bond. Power of attorney for the official signing the bond for the surety company must be submitted with the bond. Samples 12. Accepted proposal samples do not supersede specifications for quality unless sample is superior in quality. All deliveries shall have at least the same quality as the accepted proposal sample. PAGE 37
  • 77. 13. Samples are furnished free of charge. Vendor must indicate if their return is desired, provided they have not been made useless by test. Samples may be held for comparison with deliveries. Award 14. Award will be based on quality of the articles or services to be supplied, their conformance with specifications, delivery terms, price, administrative costs, past performance, and financial responsibility. 15. Procurement Services may reject any vendor in default of any prior contract or guilty of misrepresentation or any vendor with a member of its firm in default or guilty of misrepresentation. 16. Procurement Services may correct inaccurate awards resulting from clerical or administrative errors. Contract 17. The existence of the contract shall be determined in accordance with the requirements set forth above. However, the award of the contract is not an order to ship. 18. The Vendor shall not assign or otherwise dispose of their contract or their right, title or interest, or their power to execute such contract to any other person, firm or corporation without the prior written consent of Procurement Services. 19. Vendors have ten days after notice of award to refuse acceptance of the award; after ten days the award will be binding on the Vendor. If the Vendor refuses to accept the award within the ten day period, the award will be made to the next lowest responsible qualified vendor. 20. Failure of a Vendor to deliver commodities or perform services as specified will constitute authority for Procurement Services to purchase these commodities or services on the open market. The Vendor agrees to promptly reimburse the State for excess cost of these purchases. The purchases will be deducted from the contracted quantities. 21. Rejected commodities must be removed by the Vendor from State premises within 48 hours. Immediate removal may be required when safety or health issues are present. 22. Vendor agrees to: hold the State harmless from liability of any kind for the use of any copyright or uncopyrighted composition, secret process, patented or unpatented invention furnished or used in the performance of the contract; guarantee their products against defective material or workmanship; repair damages of any kind, for which they are responsible to the premises or equipment, to their own work or to the work of other Vendors; obtain and pay for all licenses, permits, fees etc. and to give all notices and comply with all requirements of city or town in which the service is to be provided and to the State of Connecticut; to carry proper insurance to protect the State from loss. 23. Notwithstanding any provision or language in this contract to the contrary, the Commissioner may terminate this contract whenever he/she determines in his/her sole discretion that such termination is in the best interests of the State. Any such termination shall be effected by delivery to the Vendor of a written notice of termination. The notice of termination shall be sent by registered mail to the Vendor address furnished to the State for purposes of correspondence or by hand delivery. Upon receipt of such notice, the Vendor shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to the State all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Vendor in performing his duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State. In the event of such termination, the Vendor shall be entitled to reasonable compensation as determined by the Commissioner of the Department of Administrative Services, however, no compensation for lost profits shall be allowed. Delivery 24. All products and equipment delivered must be new unless otherwise stated in the proposal specifications. 25. Delivery will be onto the specified State loading docks by the Vendor unless otherwise stated in the proposal specifications. 26. Deliveries are subject to re-weighing on State sealed scales. 27. Payment terms are net 45 days after receipt of goods or invoice, whichever is later, unless otherwise specified. 28. Charges against a Vendor shall be deducted from current obligations. Money paid to the State by the Vendor shall be payable to the Treasurer, State of Connecticut. Saving Clause 29. The Vendor shall not be liable for losses or delays in the fulfillment of the terms of the contract due to wars, acts of public enemies, strikes, fires, floods, acts of God or any other acts not within the control of or reasonably prevented by the Vendor. The Vendor will give written notice of the cause and probable duration of any such delay. Advertising PAGE 38
  • 78. 30. Vendors may not reference sales to the State for advertising and promotional purposes without the prior approval of Procurement Services. Rights 31. The State has sole and exclusive right and title to all printed material produced for the State and the Vendor shall not copyright the printed matter produced under the contract. 32. The Vendor assigns to the State all rights title and interests in and to all causes of action it may have under Section 4 of the Clayton Act, 15 USC 15, or under Chapter 624 of the general statutes. This assignment occurs when the Vendor is awarded the contract. 33. Vendor agrees that it is in compliance with all applicable federal, state and local laws and regulations, including but not limited to Connecticut General Statutes Sections 4a-60 and 4a-60a. The Vendor also agrees that it will hold the State harmless and indemnify the State from any action which may arise out of any act by the Vendor concerning lack of compliance with these laws and regulations. All purchases will be in compliance with Section 22a-194 to Section 22a-194g of the Connecticut General Statutes related to product packaging. 34. This contract is subject to the provisions of Executive Order No. Three of Governor Thomas J. Meskill promulgated June 16, 1971, the provisions of Executive Order No. Seventeen of Governor Thomas J. Meskill promulgated February 15, 1973 and section 16 of P.A. 91-58 nondiscrimination regarding sexual orientation, and the provisions of Executive Order No. Sixteen of Governor John G. Rowland promulgated August 4, 1999 regarding Violence in the Workplace Prevention Policy. Records, Files, and Information 35. Incorporated by reference into this contract and Pursuant to Public Act No. 01-169, each contract in excess of two million five hundred thousand dollars between a public agency and a person for the performance of a governmental function shall (1) provide that the public agency is entitled to receive a copy of records and files related to the performance of the governmental function, and (2) indicate that such records and files are subject to the Freedom of Information Act and may be disclosed by the public agency pursuant to the Freedom of Information Act. 36. Incorporated by reference into this contract is Section 4-61dd(g)(1) and 4-61dd(3) and (f) of the Connecticut General Statutes which prohibits Vendors from taking adverse action against employees who disclosed information to the Auditors of Public Accounts or the Attorney General. Health Insurance Portability and Accountability Act (HIPAA) 37. Under the Health Insurance Portability and Accountability Act (HIPAA) of 1996, Vendors are expected to adhere to the same standards as the state agency/covered entity as to Protected Health Information (PHI), to maintain compliance with Title 45 CFR Part 164.504, Uses and Disclosures: Organizational Requirements, Vendor Contracts. Protected Health Information (PHI) includes information related to claims, health services, federal and state tax information, financials, criminal/court related information and other personally identifiable records. Vendor agrees that it shall be prohibited from using or disclosing the PHI provided or made available by the state agency/covered entity or viewed while on the premises for any purpose other than as expressly permitted or required by this Contract. These uses and disclosures must be within the scope of the Vendor’s services provided to the state agency/covered entity. Vendors shall establish and maintain reasonable safeguards to prevent any use or disclosure of the PHI, other than as specified in this Contract or required by law. Vendor agrees that anytime PHI is provided or made available to any sub-contractors or agents, Vendor must enter into a subcontract, which contains the same terms, conditions and restrictions on the use and disclosure of PHI as contained in this Contract. Vendor agrees to make available and provide a right of access to PHI by the individual for whom the information was created and disclosed. Vendor agrees to make information available as required to provide an accounting of disclosures. Vendor agrees to make its internal practices, books, and records relating to the use or disclosure of PHI received from, or created or received by Vendor on behalf of the state agency/covered entity, available to the Secretary of Health and Human Services (HHS) for purposes of determining compliance with the HHS Privacy Regulations. At termination of this Contract, Vendor agrees to return or destroy all PHI received from, or created by the state agency/covered entity. If not feasible, extend the protections of this agreement to the PHI and limit further uses and disclosures. Vendor will have procedures in place for mitigating any harmful effects from the use or disclosure of PHI in a manner contrary to this Contract or the HHS Privacy Regulations. Vendor must develop and implement a system of sanctions for any employee, subcontractor or agent who violates this Contract or the HHS Privacy Regulations. The PHI shall be and remain the resources of the state agency/covered entity. Vendor agrees that it acquires no title or rights to the information, including any de-identified information, as a result of this Contract. Vendor agrees that the state agency/covered entity has the right to immediately terminate this Contract if the state agency/covered entity determines that Vendor has violated a material term of this HIPAA Compliance Agreement above. PAGE 39