HomeMy Public PortalAbout14-8808 Toshiba America Business Solutions Sponsored by: City Manager
RESOLUTION NO. 14-8808
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE
CITY MANAGER TO ENTER INTO A THREE (3) YEAR
AGREEMENT WITH TOSHIBA AMERICA BUSINESS
SOLUTIONS, INC., PIGGYBACKING THE STATE OF
FLORIDA CONTRACT NUMBER 600-00-11-1, FOR TWO
(2) TOSHIBA ESTUDIO 6540C, FOR THE CITY
MANAGER'S OFFICE AND THE FINANCE
DEPARTMENT, WITH MONTHLY PAYMENT OF SEVEN
HUNDRED THIRTY FOUR DOLLARS NINETY SIX
CENTS ($734.96), PAYABLE FROM ACCOUNT NUMBER
17-513440, A BUDGETED ITEM; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the current lease on the multifunction devices used by the City Manager
and the Finance Department has expired; and
WHEREAS,the State of Florida Department of Management Services Contract No. 600-
000-11-1, has established an aggressive statewide contract with several vendors, including
Toshiba America Business Solutions, inc., for the full maintenance service and lease of copies,
including the Toshiba eStudio6540c; and
WHEREAS, the current contract with the state remains in substantially the form attached
hereto; and
WHEREAS, the City Commission of the City of Opa-locka desires to upgrade the
current Toshiba multifunction devices; and
WHEREAS, the City of Opa-locka authorizes the City Manager to enter into a three (3)
year contract with Toshiba America Business Solutions, Inc., piggybacking on Florida
Resolution No. 14-8808
Department of Management Services Contract No. 600-000-11-1, for two (2) Toshiba eStudio
6540c, for the City Manager's office and the Finance Department.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes and
directs the City Manager to enter into a three (3) year contract with Toshiba America Business
Solutions, Inc., piggybacking on Florida Department of Management Services Contract No. 600-
000-11-1, for two (2) Toshiba eStudio 6540c, for the City Manager's office and the Finance
Department, in substantially the same form attached hereto, at a cost of $734.968 per month,
payable from Account Number 17-513440, a budgeted item.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 28th day of May, 2014
Aigiff
MW.A A OR
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Att-st to: Approved as to form and legal sufficiency:• 9.60„.).....
14. : 11r kate&
J na Flores Jo:4-ph `j Geller
ity Clerk C 4y Attorney
Resolution No. 14-8808
Moved by: COMMISSIONER JOHNSON
Seconded by: COMMISSIONER SANTIAGO
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: NOT PRESENT
5964276 vl
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City of Opa-Locka
Agenda Cover Memo
Commission Meeting May 28,2014 Item Type: Resolution Ordinance Other
Date: X
(EnterX in box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(Enter X in box) Yes No (Enter X in box)
X Public Hearing: Yes No Yes No
(Enter X in box)
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
(Enter Acct No.) 17-513440 (Enter X in box)
Contract/P.O.Required: Yes No RFP/RFQ/Bid#: PiggyBacking State of Florida
(Enter X in box) X Contract#600-00-11-1
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the
(Enter X in box) X specific objective/strategy this item will address)
Enhance Organizational El
Bus.&Economic Dev
Public Safety
Quality of Education
Qual.of Life&City Image
Communcation
Sponsor Name City Manager Department: Information Technology
Short Title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA
AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE YEAR AGREEMENT
WITH TOSHIBA BUSINESS SOLUTIONS FLORIDA, PIGGYBACKING THE STATE OF
FLORIDA CONTRACT (CONTRACT # 600-00-11-1) FOR TWO (2) TOSHIBA ESTUDIO 6540C
FOR THE CITY MANAGER'S OFFICE AND FINANCE DEPARTMENT, AT A MONTHLY
PAYMENT OF SEVEN HUNDRED THIRTY FOUR DOLLARS AND NINTY SIX CENTS
($734.96) PAYABLE FROM ACCOUNT # 17-513440 (A BUDGETED ITEM)
Staff Summary:
The City Manager's Office and Finance Departments' current multi function device has expired from its
current lease. The State of Florida has established a very aggressive contract that is currently being used
statewide. The devices that are being recommended for the City Manager's Office and Finance
Departments offer an outstanding level of technology, cost savings, and ease of use while further
streamlining workflow.
It is recommended to Piggyback State of Florida contract for procurement of a replacement multi
function device for the City Manager's Office and Finance Department
Attachment:
State of Florida Contract#600-000-11-1
Product Sheet
Quote
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Memorandum
TO: Mayor Myra Taylor
Vice-Mayor Joseph L ' elley
Commissioner Ti■Ioth ' t mes ,
Commissioner Do oth 1,, t ttie" Jo .son
Commissioner Lui : `I li io . :
FROM: Kelvin L. Baker Sr, City Ma n
, 4
DATE: May 19,2014 b
RE: CM0 & Finance Department Multi Function Devices (Copiers)
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER
INTO A THREE YEAR AGREEMENT WITH TOSHIBA BUSINESS
SOLUTIONS FLORIDA, PIGGYBACKING THE STATE OF FLORIDA
CONTRACT (CONTRACT # 600-00-11-1) FOR TWO (2) TOSHIBA
ESTUDIO 6540C FOR THE CITY MANAGER'S OFFICE AND FINANCE
DEPARTMENT, AT A MONTHLY PAYMENT OF SEVEN HUNDRED
THIRTY FOUR DOLLARS AND NINTY SIX CENTS ($734.96) PAYABLE
FROM ACCOUNT # 17-513440 (A BUDGETED ITEM)
Description: The City Manager's Office and Finance Departments' current multi function device
has expired from its current lease. The State of Florida has established a very
aggressive contract that is currently being used statewide. The devices that are being
recommended for the City Manager's Office and Finance Departments offer an
outstanding level of technology, cost savings, and ease of use while further
streamlining workflow.
Financial Impact: $734.96/monthly budgeted.
Payable from account# 17-5135440
Implementation Time Line: Immediate.
Analysis: Upgrading the current multifunction devices reduces cost while increasing
speed, scanning, and printing.
ATTACHMENT(S): State of Florida Contract#600-00-11-1
Product Sheet
Quote
I
PREPARED BY: Nelson Rodriguez, Information Technology Director
END OF MEMORANDUM
r TOSHIBA
�OPY•FAX•PRINT
State of Florida
600-00-11-1
Finance & City Manajier Office
TOSHIBA e STUDIO 6540c
• 65 ppm Color/65 ppm B&W Copier
• Reverse Automatic Feeder
• Automatic Duplexing Unit (standard)
• Finisher- Staple (MJ1103)
• Finisher Rail (K1V1103)
• Print/Scan Enabler (standard)
• Large Capacity Feeder (MP 2501)
• Hole Punch
36 Month Lease $367.48/month
Full Service Maintenance
All black and white copies per month @ .00501/copy
Color is at a cost per copy rate of.045
Toshiba will deliver, setup, install, and train on new equipment at no additional
charge
AMENDMENT 2
STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES
STATE TERM CONTRACT NUMBER:600-000-11-1
MULTIFUNCTION PRODUCTS, PRINTERS, FACSIMILE EQUIPMENT,SCANNERS, RELATED
SOFTWARE,SUPPLIES,AND SERVICES
NAME CHANGE AGREEMENT
This Agreement is entered into and is effective as of the last date signed below, by and
between the State of Florida, Department of Management Services (hereinafter "DMS"
or the "Department"), and PCMG, Inc. ("PCMG").
WITNESSETH
WHEREAS, on or about August 4, 2010, DMS and PC Mall Gov, Inc., entered into the
above referenced State Term Contract(the "Contract"); and
WHEREAS, on January 1, 2013, PC Mall Gov, Inc. changed its name to PCMG, Inc., as
documented by the December 28, 2012 letter attached hereto.
NOW THEREFORE, for the mutual covenants contained herein, the parties hereto agree
as follows:
1. The above recitals and attachments are asserted by the Contractor as true and
correct and are incorporated by reference as if fully stated herein.
2. Henceforth, references to the Contractor by name in correspondence,
amendments or documentation shall be to PCMG, Inc.
3. To the extent any of the terms of this Agreement conflict with the terms of
the Contract, the terms of this Agreement shall control. All other terms of the Contract
remain in full force and effect.
4. Each person signing this Agreement warrants that he or she is duly authorized to
do so and to bind the respective party.
DEPARTMENT CONTRACTOR
By: By:
Name: Kelley J. Scott Name:
Director of State Purchasing
Title: and Chief Procurement Officer Title:
Date: Date:
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wyFR " o �aauar he above, net scanners,14/hereby ce/Vort MS
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also c /s the surviving Certi f. e merged with to
ter m Cont
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responsibilities;ea tts Canon
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°ceyuRF�s �M anon tions l hc'pars entJ Canon "
l V��V rider the Contract ts no objection ons gmeri dh/tO the at l contras uael
3s follows.'tH RFFORF f for the/�e to Csq,br nc aria saa sea certificate tons
the or the mutua/ n�aiader o fthe g the services 4m/ng a//cntr Mercer
provide epartment covenants con contract previous/ d ctudl
rights s and�e�?rvices a CS/1 hereby contained herein and
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cords see under the C and asA hereby Y incorporated ��h t and hamertca /
h the terms shall begren thatpa herein by ref and faint 0 of shall
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3. The parties hereto specifically acknowledge and agree that a new contractual
relation is hereby entered into by and between the Department and Canon
Solutions America, Inc. All future correspondence, amendments or
documentation shall reflect the current name of the contractor as "Canon
Solutions America, Inc.".
4. To the extent any of the terms of this Agreement conflict with the terms of
the Contract, the terms of this Agreement shall control. All other terms of the
Contract remain in full force and effect.
5. Each person signing this Agreement warrants that he or she is duly authorized to
do so and to bind the respective party.
STATE OF FLORIDA CANON SOLUTIONS AMERICA,
DEPARTMENT OF MANAGEMENT INCORPORATED
SERVICES
By: By:
Name: Kelley J. Scott Name:
Acting Director of State Purchasing
Title: and Chief Procurement Officer Title:
Date: Date:
300 Commerce Square Boulevard
Burlington, NJ 08016
T: 800.815.4000
F: 800.220.4002
• •
RFP 20-600-000-Q 3
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
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MULTIFUNCTION PRODUCTS, PRINTERS, FACSIMILE EQUIPMENT,
SCANNERS, RELATED SOFTWARE, SUPPLIES, AND SERVICES
RFP 20-600-000-Q
RFP ISSUE DATE: APRIL 8,2010
RESPONSES DUE:APRIL 30,2010 @ 2:00P.M. EDT
REFER ALL INQUIRIES TO:
MICHELLE MACVICAR,
PURCHASING SPECIALIST,FCCM,FCCN
STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES,
DIVISION OF STATE PURCHASING
4050 ESPLANADE WAY, SUITE360
TALLAHASSEE,FL 32399
EMAIL:MICHELLE.MACVICAR(g7DMS.MYFLORIDA.COM
/ _______1,
• •
RFP 20-600-000-Q 4
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
TABLE OF CONTENTS
SECTION 1: INTRODUCTION
1.1 INTRODUCTION AND OVERVIEW
1.2 WHO MAY RESPOND
1.3 EVENT TIMELINE
1.4 LOBBYING DURING THE PROCUREMENT PROCESS
SECTION 2: GENERAL INSTRUCTIONS TO RESPONDENTS(PUR 1001)
2.1 DEFINITIONS
2.2 GENERAL INSTRUCTIONS
2.3 ELECTRONIC SUBMISSION OF RESPONSES
2.4 TERMS AND CONDITIONS
2.5 QUESTIONS
2.6 CONFLICT OF INTEREST
2.7 CONVICTED VENDORS
2.8 DISCRIMINATORY VENDORS
2.9 RESPONDENT'S REPRESENTATION AND AUTHORIZATION
2.10 MANUFACTURER'S NAME AND APPROVED EQUIVALENTS
2.11 PERFORMANCE QUALIFICATIONS
2.12 PUBLIC OPENING
2.13 ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD
2.14 FIRM RESPONSE
2.15 CLARIFICATIONS/REVISIONS
2.16 MINOR IRREGULARITIES/RIGHT TO REJECT
2.17 CONTRACT FORMATION
2.18 CONTRACT OVERLAP
2.19 PUBLIC RECORDS
2.20 PROTESTS
2.21 LIMITATION ON VENDOR CONTACT WITH AGENCY DURING SOLICITATION PERIOD
SECTION 3: SPECIAL INSTRUCTIONS TO RESPONDENTS
3.1. CONTACT PERSON
3.2. DEFINITIONS
3.3. ORDER OF PRECEDENCE
3.4. RESPONSE SUBMITTAL
3.5. SOURCING TOOL TRAINING
3.6. SOURCING TOOL TIPS
3.7. ADDENDA TO THE RFP
3.8. INITIAL DETERMINATION OF RESPONSIVENESS
3.9. FIRM RESPONSE
3.10. ELECTRONIC POSTING OF AWARD
3.11. RESPONSES
3.12. EVALUATION
3.13. FINANCIAL STATUS
• •
RFP 20-600-000-Q 5
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
3.14. SERVICE LEVEL AGREEMENT
3.15. RANKING AND SELECTION PROCESS
3.16. QUALITY
3.17. TECHNICAL DOCUMENTATION
3.18. DOCUMENTATION BECOMES THE PROPERTY OF THE STATE
3.19. CONTACT INFORMATION AND ORDERING INSTRUCTIONS
3.20. SALES, SERVICE, PARTS AND REPAIR FACILITIES
3.21. SPECIAL ACCOMMODATION
3.22. STATE OBJECTIVES
SECTION 4: GENERAL CONTRACT CONDITIONS(PUR 1000)
4.1. DEFINITIONS.
4.2. PURCHASE ORDERS.
4.3. PRODUCT VERSION.
4.4. PRICE CHANGES APPLICABLE ONLY TO TERM CONTRACTS.
4.5. ADDITIONAL QUANTITIES.
4.6. PACKAGING.
4.7. INSPECTION AT CONTRACTOR'S SITE.
4.8. SAFETY STANDARDS.
4.9. AMERICANS WITH DISABILITIES ACT.
4.10. LITERATURE.
4.11. TRANSPORTATION AND DELIVERY.
4.12. INSTALLATION.
4.13. RISK OF LOSS.
4.14. TRANSACTION FEE.
4.15. INVOICING AND PAYMENT.
4.16. TAXES.
4.17. GOVERNMENTAL RESTRICTIONS.
4.18. LOBBYING AND INTEGRITY.
4.19. INDEMNIFICATION.
4.20. LIMITATION OF LIABILITY.
4.21. SUSPENSION OF WORK.
4.22. TERMINATION FOR CONVENIENCE.
4.23. TERMINATION FOR CAUSE.
4.24. FORCE MAJEURE,NOTICE OF DELAY,AND NO DAMAGES FOR DELAY.
4.25. CHANGES.
4.26. RENEWAL.
4.27. PURCHASE ORDER DURATION.
4.28. ADVERTISING.
4.29. ASSIGNMENT.
4.30. ANTITRUST ASSIGNMENT
4.31. DISPUTE RESOLUTION.
4.32. EMPLOYEES,SUBCONTRACTORS,AND AGENTS.
4.33. SECURITY AND CONFIDENTIALITY.
4.34. CONTRACTOR EMPLOYEES, SUBCONTRACTORS,AND OTHER AGENTS.
4.35. INSURANCE REQUIREMENTS.
• •
RFP 20-600-000-Q 6
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
4.36. WARRANTY OF AUTHORITY.
4.37. WARRANTY OF ABILITY TO PERFORM.
4.38. NOTICES.
4.39. LEASES AND INSTALLMENT PURCHASES.
4.40. PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (PRIDE).
4.41. PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED.
4.42. MODIFICATION OF TERMS.
4.43. COOPERATIVE PURCHASING.
4.44. WAIVER.
4.45. ANNUAL APPROPRIATIONS.
4.46. EXECUTION IN COUNTERPARTS.
4.47. SEVERABILITY.
SECTION 5: SPECIAL CONTRACT CONDITIONS
5.1. DEFINITIONS
5.2. NOTICE TO CONTRACTOR
5.3. CONTRACT MANAGEMENT
5.4. CONTRACT REPORTING REQUIREMENTS
5.5. METHOD OF PAYMENT/PURCHASING CARD PROGRAM(P-CARD)
5.6. PRODUCT AVAILABILITY AND RESTRICTIONS
5.7. DELIVERY AND INSTALLATION REQUIREMENTS
5.8. INSTRUCTIONS AND MAINTENANCE MANUAL
5.9. WARRANTY
5.10. EQUIPMENT RELIABILITY/NON-PERFORMANCE
5.11. FACTORY SERVICE REQUIREMENTS
5.12. SECURITY AND CONFIDENTIALITY
5.13. PURCHASE AND LEASE PROVISIONS
5.14. STANDARD SUPPORT LEVELS
5.15. OPTIONAL SUPPORT LEVELS
5.16. SERVICE AND RESPONSE
5.17. MAINTENANCE PLANS
5.18. RELOCATION AND MOVING OF LEASED EQUIPMENT
5.19. CONTRACTOR'S STATE CONTRACT WEBPAGE
5.20. CONTRACT REVISIONS
5.21. ELECTRONIC INVOICING/BILLING
5.22. PAYMENTS
5.23. TAXES AND OTHER FEES
5.24. REQUESTS FOR QUOTES
5.25. LEASED EQUIPMENT RISK OF LOSS/EQUIPMENT INSURANCE
5.26. PRICE DISCOUNT LEVELS
5.27. BENCHMARK REPORT/COMPETITIVE PRICE ASSURANCE
5.28. ADDITIONAL HARDWARE AND SERVICES
5.29. INSTALLATION AND ENVIRONMENTAL REQUIREMENTS
5.30. INSURANCE REQUIREMENTS
5.31. RETURN OF PRODUCT
5.32. SURVIVABILITY
I . • ,
RFP 20-600-000-Q 7
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
5.33. END OF LIFE
5.34. ELECTRICAL CONNECTIONS, SURGE PROTECTORS AND TELEPHONE LINES
5.35. SPECIAL DISCOUNTS/PROMOTIONS
5.36. QUANTITY DISCOUNT
5.37. TRADE-INS
5.38. ENVIRONMENTAL PERFORMANCE COMMITMENTS AND PAST RECORD
5.39. STATE FUNDS
SECTION 6: TECHNICAL SPECIFICATIONS
6.I. DEFINITIONS
6.2. PRODUCTS
6.3. ACCEPTABLE EQUIPMENT
6.4. EMISSIONS STANDARDS
6.5. ASSOCIATED PRODUCTS AND SERVICES SUBMITTAL
6.6. SPECIFICATIONS
SECTION 7: ATTACHMENTS
THIS SPACE INTENTIONALLY LEFT BLANK
• •
RFP 20-600-000-Q 8
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
SECTION 1
INTRODUCTION
1.1. Introduction and Overview
The State of Florida Department of Management Services (the "Department" or "DMS"),
Division of State Purchasing invites interested companies to submit proposals in accordance with
this solicitation document. The purpose of this Request for Proposal (RFP) is to establish a forty-
eight (48) month State Term Contract (STC) for Multifunction Products, Printers, Facsimile
Equipment, Scanners, Related Software, Supplies, and Services with the potential for renewal in
accordance with Section 287.057(14), Florida Statutes ( F.S.). The contract resulting from this
Request for Proposal (RFP) is anticipated to begin on or about May 22, 2010.
The contract resulting from this solicitation will provide efficiency and economy for State
Agencies and other eligible users (OEUs, as defined in Rule 60A-1.005, Florida Administrative
Code (F.A.C.) (Eligible Users)) in the acquisition of the products and services described herein
as well as replace STC # 600-340-06-1 (Copying and Facsimile Equipment).
Florida Information Technology Resource Security Policies and Standards, as defined in Rule
60DD-2, F.A.C. and proposed Rule 71A-1, shall apply to this solicitation where necessary.
Qualified respondents offering highly competitive pricing within each segment/subcategory to
the State will be considered for award. This shall be done in accordance with terms and
conditions outlined in this solicitation and its required documents. The awarded vendor(s) and
their authorized dealers shall work in partnership with the State to provide quality equipment,
supplies, software, services, and solutions at the lowest price available. This shall be done in a
timely and efficient manner in accordance with the terms and conditions outlined in the
solicitation.
The State reserves the right to limit the scope of award or make no award if deemed by the
Department to be in the best interest of the State.
The awarded vendor(s) will receive Direct Orders (DO), Purchase Orders (PO) and/or credit card
(P-card) orders directly from the Customer for leases and purchases. Delivery and service
locations will be statewide.
This solicitation will create a single State Term Contract for the:
• purchase of:
o Multifunction Products (MFPs),
o Printers
o Facsimile machines
o Sheet Fed Scanners
• lease of:
o Multifunction Products (MFPs),
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RFP 20-600-000-Q 9
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
o Printers,
• supplies and maintenance for the aforementioned items
• related software
• associated value-added services/solutions
Respondents may submit responses for one or more segments within the following categories:
• Category 1: Copier-based MFPs (as referenced by the Buyer's Laboratory Advisor Buying
Guide) (Monochrome, Hybrid; must include 11x17)
o Segment 2: 21-30 cpm
o Segment 3: 31-40 cpm
o Segment 4: 41-69 cpm
o Segment 5: 70-90 cpm
o Segment 6: 91 cpm and higher
(Segments in Category 1 are as listed within the Buyers Laboratory Inc. (BLI) Copier Fact Sheet
Glossary)
• Category 2: Printer-based MFPs (as referenced by the Buyer's Laboratory Advisor Buying
Guide) (Monochrome, Hybrid;desired to include 11 x 17)
o Small Workgroup
o Medium Workgroup
o Large Workgroup
o Departmental
• Category 3: Printers (Monochrome, Color, Hybrid; desired to include 11x17)
o Small Workgroup
o Medium Workgroup
o Large Workgroup
• Category 4: Workgroup and Network Sheet Fed Scanners (Monochrome, Color)
o Desktop Workgroup: 16-30 ppm
o Departmental: 31-50 ppm
o Low-volume Production: 51-75 ppm
o Mid-volume Production: 65-100 ppm
o High-volume Production: 100 ppm and higher
(Segments in Category 4 are as listed within the BLI Buying Guide for Document Scanners)
• Category 5: Plain Paper Facsimile Machines
o Low-volume
o Mid-volume
o High-volume
Methods used for print imaging include toner and non-toner based products.
1.2. Who May Respond
The Department will accept responses from responsible and responsive vendors that are in good
standing with the State of Florida, meet the product specifications, and possess the financial
capability, experience, and personnel resources to provide equipment and services of the scope
and breadth described within this RFP.
Minimum qualifications for response eligibility are:
• U
RFP 20-600-000-Q 10
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
(a).Respondent must be registered and listed as active with the State of Florida's Department of
State, Division of Corporations. If respondent is doing business using a fictitious name
(d.b.a.), Respondent's fictitious name must also be registered with the Division of
Corporations.
(b).Respondent must be fully registered and active within the State of Florida's
MyFloridaMarketPlace Vendor Information Portal. To be considered fully active, all sections
within the registration must be completed and the terms of use accepted.
• Must current with fees due to the State of Florida via MyFloridaMarketPlace.
(c).The Respondent must not be listed on the State of Florida's Department of Management
Services, Division of State Purchasing Convicted, Suspended, or Discriminatory Vendor lists
at the time of bid closing.
(d),It is the Respondent's responsibility to ensure all resolved Complaints to Vendor are no
longer listed on the Vendor Complaint List at the time of bid closing. Unresolved Complaints
to Vendor may result in the Respondent being ineligible for award.
(e).The Respondent must be a Private Label Distributor or a single authorized agent responding
on behalf of a Private Label Distributor.
• Agent authorization must be documented in the form of a letter from the private label
distributor, on company letterhead, signed by a duly authorized executive and dated no
more than 30 days before the RFP response date. The letter must be submitted with the
RFP response via the MyFloridaMarketPlace e-sourcing tool.
(e).The Respondent must be fully capable of Electronic Invoicing (for purchases) through
MyFloridaMarketPlace. See the MyFloridaMarketPlace Electronic Invoicing Requirements
document for details.
Respondents not meeting the minimum qualifications may be deemed non-responsive and may
not be considered for further evaluation, or subsequent contract award.
1.3. Event Timeline
Respondents should review and become familiar with the Event Timeline. The dates and times of
each activity within the Timeline may be subject to change. It is the responsibility of the
Respondent to check for any changes. All changes to the Timeline will be made through an
addendum to this solicitation and posted within the Vendor Bid System (VBS) and
MyFloridaMarketPlace sourcing tool.
1.3.1. Pre-bid Conference
A non-mandatory pre-bid conference will be held on the date and time listed in the
timeline below. Any questions related to specifications or requirements of the solicitation
shall be addressed through the question and answer process within the
MyFloridaMarketPlace Sourcing Tool (per Section 2.5).
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RFP 20-600-000-Q 1 1
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
Event Date
Solicitation posted in Vendor Bid System (VBS) and
MyFloridaMarketPlace Sourcing Tool. Solicitation will
8-April-2010
be in "preview" status at this time. Documents can be 5:00 p.m. E.T.
viewed, downloaded, and questions posted. Responses
cannot be submitted during the preview period.
Vendor Pre-bid Conference—Non mandatory 14-April-2010
4050 Esplanade Way, Suite 101
Tallahassee, FL 32399 1:30 p.m.- 3:30 p.m. E.T.
MyFloridaMarketPlace(MFMP) Sourcing Tool Training 16-April-2010
(Not Mandatory—see Section 3.5 for details) 1:00 p.m.-2:00 p.m. E.T.
Deadline to submit questions via the 19-April-2010
MyFloridaMarketPlace Sourcing Tool Q&A Board 2:00 p.m. E.T.
Answers to submitted questions posted in Vendor Bid
System (VBS) and MyFloridaMarketPlace Sourcing 27-April-2010
Tool.
Deadline to submit RFP response via the MFMP
Sourcing Tool. Responses are due no later than 2:00 7-May-2010
p.m. ET.
Evaluators Scoring Session(2:00 p.m. E.T.) 24-May-2010
Notice of Intent to Award posted in Vendor Bid System 24-May-2010
(VBS) and MyFloridaMarketPlace Sourcing Tool.
Contract Start Date (on or about) 1-Aug-2010
The MyFloridaMarketPlace (MFMP) Sourcing Tool's time remaining clock is intended only to
approximate the solicitation closing and may require periodic adjustments.
IT IS STRONGLY RECOMMENDED THAT RESPONDENTS SUBMIT BIDS AS
EARLY AS POSSIBLE. TIME SHOULD BE ALLOWED TO RECEIVE ANY
REQUESTED ASSISTANCE AND VERIFICATION OF YOUR SUBMITTAL.
WAITING UNTIL THE LAST HOURS OF THE SOLICITATION COULD
IMPACT THE BID SUBMITTAL.
1.4. Lobbying During the Procurement Process
The Service Provider or Respondent shall not lobby the legislative, judicial or executive
branches or any State Agency on any aspect of this Solicitation during the procurement process
(i.e. from time contract is advertised to execution of a contract) associated with the Contract.
Violation of this restriction can be cause for disqualification from the procurement process.
THIS SPACE INTENTIONALLY LEFT BLANK
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RFP 20-600-000-Q 1 2
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
SECTION 2
STATE OF FLORIDA
PUR 1001
GENERAL INSTRUCTIONS TO RESPONDENTS
CONTENTS
2.1. DEFINITIONS.
2.2. GENERAL INSTRUCTIONS.
2.3. ELECTRONIC SUBMISSION OF RESPONSES.
2.4. TERMS AND CONDITIONS.
2.5. QUESTIONS.
2.6. CONFLICT OF INTEREST.
2.7. CONVICTED VENDORS.
2.8. DISCRIMINATORY VENDORS.
2.9. RESPONDENT'S REPRESENTATION AND AUTHORIZATION.
2.10. MANUFACTURER'S NAME AND APPROVED EQUIVALENTS.
2.11. PERFORMANCE QUALIFICATIONS.
2.12. PUBLIC OPENING.
2.13. ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD.
2.14. FIRM RESPONSE.
2.15. CLARIFICATIONS/REVISIONS.
2.16. MINOR IRREGULARITIES/RIGHT TO REJECT.
2.17. CONTRACT FORMATION.
2.18. CONTRACT OVERLAP.
2.19. PUBLIC RECORDS.
2.20. PROTESTS.
2.21. LIMITATION ON VENDOR CONTACT WITH AGENCY DURING
SOLICITATION PERIOD
2.1. Definitions. The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement.
The following additional terms are also defined:
(a) "Buyer" means the entity that has released the solicitation. The "Buyer" may also be the
"Customer" as defined in the PUR 1000 if that entity meets the definition of both terms.
(b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the
Introductory Materials.
(c) "Respondent" means the entity that submits materials to the Buyer in accordance with these
Instructions.
(d) "Response" means the material submitted by the respondent in answering the solicitation.
(e) "Timeline"means the list of critical dates and actions included in the Introductory Materials.
2.2. General Instructions. Potential respondents to the solicitation are encouraged to
carefully review all the materials contained herein and prepare responses accordingly.
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RFP 20-600-000-Q 13
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
SECTION 3
SPECIAL INSTRUCTIONS TO RESPONDENTS
NOTE: SECTIONS 2 AND 3 ARE SPECIFIC TO THE SOLICITATION RESPONSE REQUIREMENTS.
SECTION 3 (SPECIAL INSTRUCTIONS TO RESPONDENTS) SUPPLEMENTS GENERAL
INSTRUCTIONS TO RESPONDENTS (PUR 1001) CONTAINED IN SECTION 2. IN CASES OF
CONFLICT BETWEEN SECTION 2 AND SECTION 3,SECTION 3 WILL SUPERSEDE.
3.1. Contact Person
The Procurement Official at the State of Florida, Department of Management Services, Division
of State Purchasing is listed below. All inquiries and questions must be directed to this person,
unless otherwise identified in this RFP or changed by addendum to this RFP.
Direct oral communication with Department officers and employees, other than the designated
contact below, concerning this RFP is prohibited. Respondents should only rely on written
statements issued by the listed procurement official. All questions regarding this RFP MUST be
submitted via the MyFloridaMarketPlace Sourcing Tool during the question and answer (Q&A)
period as shown in the event timeline (Section 1.3)
The contact for this solicitation is:
Michelle MacVicar, Purchasing Specialist, FCCM, FCCN
Department of Management Services, Division of State Purchasing
4050 Esplanade Way, Suite 360
Tallahassee, FL 32399-0950
E-mail: Michelle.MacVicar @dms.myflorida.com
For assistance with issues related to MyFloridaMarketPlace (MFMP) Sourcing or the Vendor
Information Portal (registration/commodity codes/email notification), please call the MFMP
Customer Service Desk at 1-866-352-3776 or e-mail VendorHelp Amyfloridamarketplace.com
3.2. Definitions
The definitions found in Rule 60A-1.001, F.A.C. shall apply to this solicitation and the
subsequent contract. In addition, the following terms are also defined and are applicable for the
entire document:
(a). "Accessory"means any item that may be added to the base marking engine.
(b). "Agency" means any of the various state officers, departments, boards, commissions,
divisions, bureaus, and councils and any other unit of organization, however designated, of
the executive branch of state government. "Agency" does not include the university and
college boards of trustees or the state universities and colleges. (Section 287.012(1), F.S.)
(c). "Best value" means the highest overall value to the state based on objective factors that
include, but are not limited to, price, quality, design, and workmanship. (Section
287.012(4), F.S.)
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RFP 20-600-000-Q 20
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
(d). "B&W" means Black& White.
(e). "Customer" means any Agency or Eligible User placing an order through a contract
resulting from this solicitation.
(f). "Department" means the Department of Management Services. (Section 287.012(10), F.S.)
(g). "Eligible Users" is defined in Rule 60A-1.005, F.A.C. The following entities are eligible
users:
• All governmental agencies, as defined in Section 163.3164, F.S., which have a physical
presence within the State of Florida;
• Any independent, non-profit college or university that is located within the State of
Florida and is accredited by the Southern Association of Colleges and Schools.
(h). "Hybrid MFP" — MFP device that combines high-speed four (4) color output with a
traditional workgroup or departmental B&W copier/printer. In order for a device to be
considered a Hybrid Device, it shall have a rated color production speed within 66% of the
rated B&W production speed.
(i). "May" indicates something that is not mandatory but permissive.
(j). "MFMP" means MyFloridaMarketPlace.
(k). "Multifunction Product (MFP)" means a device that can print, fax, copy and scan paper
documents. MFPs may also be programmed by the user, technology provider, or a third
party to integrate with office or enterprise-wide applications, perform custom functions,
perform usage tracking, and other administrative functions to help the user manage their
office printer/MFP fleet.
(1). "Must/Shall/Will" indicates a mandatory requirement.
*NOTE:It is highly recommended that respondents highlight all instances of must, shall,
and will in order to ensure the proposal is responsive prior to submission.
(m). `'New Equipment" ("equipment") refers to units which are currently manufactured, have
not been previously used, and consist of all new parts. New equipment has not been leased
or used as a test/trial unit.
(n). "Pricing" means the pricing spreadsheets that shall be submitted by the Respondent in the
MFMP Sourcing Tool (see definition below) along with the original proposal submission.
These spreadsheets shall contain all of the Suggested Retail Price (SRP) prices for EACH
ITEM WITHIN A CATEGORY proposed by the Respondent; along with a discount percent
(%) that will apply to items (product or service) within that proposed configuration and
show a final "State of Florida Price"per item.
(o). "Private Label Distributor" means the vendor who may not be the equipment manufacturer
but whose name appears on the equipment.
(p). "Proprietary Information" Any trade secret or confidential business information that is
contained in a bid or proposal or included in a particular contract.
(q). "Respondent" Organization/individual submitting a proposal in response to this bid. May
also be referred to as "Vendor" or"Contractor" throughout this document.
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RFP 20-600-000-Q 21
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
(r). "Responsible vendor" means a vendor who has the capability in all respects to fully perform
the contract requirements and the integrity and reliability that will assure good faith
performance. (Section 287.012(24), F.S.)
(s). "Responsive bid," "responsive proposal," or "responsive reply" means a bid, or proposal, or
reply submitted by a responsive and responsible vendor that conforms in all material
respects to the solicitation. (Section 287.012(25), F.S.)
(t). "Responsive vendor" means a vendor that has submitted a bid, proposal, or reply that
conforms in all material respects to the solicitation. (Section 287.012(26), F.S.)
(u). ``Successful Vendor" means the company that is awarded and has an executed contract with
the State of Florida for the goods and services identified in this solicitation document. May
also be referred to as "Contractor", "Prime Vendor", or "Awarded Vendor" within this
document.
(v). "Suggested Retail Price" (SRP) means the most recently published undiscounted price.
(w). "Vendor" Organization/individual submitting a proposal in response to this bid. May also
be referred to as "Respondent"throughout this document
3.3. Order of Precedence
Potential Respondents to the solicitation are encouraged to carefully review all the materials
contained herein and prepare responses accordingly. In the event any conflict exists between the
Special and General Instructions, those instructions specified in the Special Instructions to
Respondents shall prevail. After successful evaluations, Contractor(s) shall sign a Contract form
incorporating the solicitation materials and any service agreements.
All responses are subject to the terms of the following sections of this solicitation, which, in case
of conflict, shall have the order of precedence listed:
• Addenda to the RFP
• Section 1.0 Introduction
• Section 6.0, Technical Specifications
• Section 5.0, Special Contract Conditions,
• Section 4.0, General Contract Conditions (PUR 1000)
• Section 3.0, Special Instructions to Respondents
• Section 2.0, General Instructions to Respondents (PUR 1001)
• Respondent's Proposal
• Forms and Price Sheets
Note: The order of precedence above supersedes the order of precedence listed in Section 2.4.
The order of precedence above applies ONLY to responses submitted.
3.4. Response Submittal
Respondents shall submit their proposals and all required forms electronically via the Sourcing
Tool. Respondents have the ability to upload several versions of their response in the Sourcing
tool; however, the last submitted response will be the version accepted and evaluated.
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RFP 20-600-000-Q 22
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
Respondents may respond to multiple categories or sub-categories. The Department seeks each
respondent's single-best response for EACH CATEGORY (and sub-category) proposed.
3.5. Sourcing Tool Training
This solicitation will be conducted using the MyFloridaMarketPlace Sourcing Tool ("Sourcing
Tool"). An optional conference call training session on how to use the Sourcing Tool for this
RFP is scheduled on the date indicated on the Event Timeline (Section 1.3). The Conference Call
number is (888) 808-6959. The conference code for this session is 4881086.
Please go to the MFMP Vendor Training Solicitation Help page and Click on the RFP Event
User Guide link. This link will open as a PowerPoint presentation. Please have this presentation
open on your desktop while participating on the call.
To participate in the conference call, please call in to the number provided approximately 1
minute before the scheduled time.
For all technical questions about the Sourcing Tool, vendors should contact the
MyFloridaMarketPlace Customer Service Desk at (866) 352-3776 or
vendorhelp @myfloridamarketplace.com.
3.6. Sourcing Tool Tips
When working in the Sourcing Tool, there is a thirty (30) minute time-out function (with a two (2)
minute warning in the tool. This means that you should save your work(click the SAVE button) at
intervals of less than twenty minutes to ensure your entries(since last saved) are not lost.
Please note that clicking the SAVE button within the Sourcing Tool only saves your bid
responses. The SAVE button does not transmit your bid response to the State. In order to
transmit your bid response to the State, you must click the SUBMIT button on the SUMMARY
page of the bid response.
After clicking the SUBMIT button, it is the respondents responsibility to check the submitted bid
response within the Sourcing Tool to verify that the response is accurately and completely
captured within the Sourcing Tool. This must be done while there is time remaining in the
response period in case an error is discovered and a revised bid response needs to be resubmitted.
To validate the bid response, please do the following before the bidding period ends:
(a).Go to the "My Bids / My Responses" tab within Sourcing Tool after submitting the bid
response
(b).Click on the Bid ID number of the last submitted bid response
(c).Review all entries to ensure the response is complete, accurate and as intended to be
submitted.
Minimum areas to check are:
• Text boxes— Is the entire answer viewable?
• Yes/No questions— Is the displayed answer correct?
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RFP 20-600-000-Q 23
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
• All uploaded document files / scanned documents — Can the attached document be
opened and the entire content clearly viewed?
• Pricing Information — Is pricing submitted visible and accurately captured within the
Sourcing Tool?
IT IS STRONGLY RECOMMENDED THAT BIDS BE SUBMITTED AS
EARLY AS POSSIBLE. PLEASE ALLOW TIME TO RECEIVE ANY
REQUESTED ASSISTANCE AND VERIFICATION OF SUBMITTAL;
WAITING UNTIL THE LAST HOURS OF THE SOLICITATION IS NOT
RECOMMENDED AND COULD IMPACT THE TIMELY SUBMITTAL OF
THE BID.
DO NOT RELY ON THE "MYFLORIDAMARKETPLACE" SOURCING
TOOL'S TIME REMAINING CLOCK. THE OFFICIAL SOLICITATION
CLOSING TIME SHALL BE AS REFLECTED IN THE EVENT TIMELINE
(SECTION 1.3) OF THIS RFP.
3.7. Addenda to the RFP
The Department may post addenda to this RFP. Any addenda posted will be within
MyFloridaMarketPlace (MFMP) and the Vendor Bid System (VBS). Such notices will contain
clarifications to details of the RFP and/or responses to questions submitted during the preview
period. Each respondent is responsible for monitoring these sites for information concerning this
solicitation.
3.8. Initial Determination of Responsiveness
The Department shall evaluate eligible ("responsible and responsive") responses. Responses that
do not meet the minimum requirements of this solicitation; or fail to provide all required
information, documents, or materials may be rejected as non-responsive. Respondents whose
responses, past performance, or current status with the State do not reflect the capability,
integrity or reliability to fully, and in good faith, perform the requirements of the Contract, may
be rejected as non-responsible.
Respondents who at the time of bid closing have an open and unresolved complaint to vendor
posted on the Department's complaint to vendor web page may be deemed non-responsive. The
Department reserves the right to determine which responses meet the requirements of this
solicitation, and which Respondents are responsive and responsible. This paragraph is in
addition to, and shall not be construed to limit or override,any right or remedy available to
the Department in, Section 2, PUR 1001,or Section 4, PUR 1000.
Failure to comply with and acknowledge each of the RFP requirements may result in the
response being deemed non-responsive and therefore not receive further consideration in this
RFP process.
3.9. Firm Response
The Department may make an award within one-hundred and eighty (180) days after the date of
the opening, during which period responses shall remain firm and shall not be withdrawn. If
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RFP 20-600-000-Q 24
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
award is not made within one-hundred and eighty (180) days, the response shall remain firm
until either the Department awards the contract or the Department receives from the Respondent
written notice that the response is withdrawn. Any response that expresses a shorter duration
may, in the Department's sole discretion, be accepted or rejected.
3.10. Electronic Posting of Award
Offers shall be accessed on the date and time indicated in the Event Timeline (Section 1.3) and
thereafter evaluated. After evaluating the responses, the Department shall electronically post a
Notice of Intent to Award on the Vendor Bid System (VBS).
Any person who is adversely affected by the decision shall file with the Department a notice of
protest within 72 hours after the electronic posting (see Section 2.20 of the General Instructions
(PUR 1001) for more information on protests). The Department shall not reply to, or provide
rankings or notices of award by telephone, email, or fax.
3.11. Responses
(a). Respondents must provide service and supply programs and pricing for each piece of
equipment and accessory proposed. Pricing shall be provided within the price sheets
corresponding to each equipment category.
(b). Respondents must submit all required forms and answer all required questions.
(c). Respondents must quote lease rates for base equipment and accessories for all products
eligible for lease (per Section 1.1).
(d). Respondents must submit their response in a timely manner. Late responses shall not be
accepted.
3.11.1. Equipment Minimums
• All equipment proposed must be new and currently in production.
• Equipment submitted must have published specifications on the Buyers
Laboratory Inc. (BLI) web site or Respondent must identify where specifications
can be found.
o Items that are unable to be verified may disqualify the Respondent's
submission for the unverifiable segment
• Each Respondent may submit all available models per segment within this RFP.
• All submitted models shall have the same minimum discount percentage per
segment. Vendors may provide different discounts for the base machine and each
accessory grouping. Respondents are cautioned to select the best equipment
within their product offering in terms of cost, technological capabilities and
service that meets or exceeds the requirements within this RFP.
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RFP 20-600-000-Q 25
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
o If selected as a Contract awardee, the Successful Vendors will have the
ability to add additional equipment within awarded groups, which also
meet or exceed the requirements at the same or better discount from SRP
for that particular segment.
• For Energy Star® compliant equipment proposed, proof of the proposed
equipment's Energy Star® rating certification must be submitted. Responses
containing Energy Star®equipment proposed will be awarded extra points.
• MFDs controls shall identify the ability to comply with all applicable policies, to
ensure the protection of data, such as but not limited to:
o Ability to password protect the device with a complex password
o Connection filtering with access restrictions
o Ability to have a separate connections for fax and network communication
o Confidential print jobs, including incoming fax holding with
authentication
o Security logs
o Hard disk encryption
o Electronic shredding and or hard disk sanitation - manual, automatic or
scheduled
o Encrypt remote administration traffic
o Ability to apply port access controls
o Ability to disable USB ports
o MFD that processes or stores data shall have the ability to comply with
internal policies such as those related to computer operating systems,
configuration management and patch management. For example, if an
MFD has an underlying MS WindowsTM based operating system, the
MFD must comply with WindowsTM policies and receive regular
(hardware and software) maintenance.
o Ability to secure email transmissions from an MFD to comply with
existing email policies and practices,to include by not limited to:
• Limit outbound MFD email transactions of sending a scanned
document to a single email address, specifically prohibiting large
group distribution.
• Prohibit broadcast emails
3.11.2. Paper Specifications
• All proposed equipment shall be compatible with using recycled paper, up to and
including 100% Post Consumer Waste (PCW) paper. Service personnel may not
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RFP 20-600-000-Q 26
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
fault the use of recycled paper for equipment failures, as long as the recycled
paper in use meets the standard paper specifications (e.g., multi-purpose, copy, or
laser paper). Additionally, all proposed equipment shall be guaranteed by the
manufacturer to accomplish 100%duplexing with 30% PCW paper.
• Respondents shall guarantee all equipment proposed is capable of printing on
100% PCW recycled content paper and will provide 100% duplexing with 30%
PWC, without maintenance problems.
3.11.3. Pricing
Pricing for this RFP and any subsequent contract must be expressed as a discount from
Suggested Retail Price (SRP). SRP must be verifiable within the Buyers Laboratory Inc
(BLI) website or better than the price published in BLI. Discount rates proposed will be
considered the minimally available discount.
3.11.3.1. Pricing, Format
• Pricing for all equipment, accessories, software, and value-added services
must be quoted as requested in the pricing spreadsheets, including all Excel
tabs. Pricing Spreadsheet electronic submissions must be in Excel format.
• Lease factors shall be submitted rounded to five (5) decimal points.
3.11.3.2. Pricing, Service and Supplies
• Supplies pricing shall include all parts, supplies and consumables excluding
paper and staples.
• Any supplies shown on the Service & Supplies spreadsheet whose costs are
included in the Service plan should be labeled "INCLUDED" on the pricing
spreadsheets. Included supplies shall be furnished at no additional cost to the
State for the entire term of the contract. Supplies required on a regular basis
may not be included in the purchase price.
• Service pricing must include technician installed parts excluding paper,
staples and toner.
• There shall be no charge for service impressions.
• Optional support service options shall be clearly identified and pricing listed
shall be on a per month rate.
• Respondents, or their designated authorized dealers, must perform all
preventative maintenance services at the manufacturer's suggested intervals, if
applicable.
• There shall be no charge for scans which do not produce a physical document.
• There may not be more than one cost per impression for color impressions,
regardless of the number of colors (i.e. a higher charge for 4 colors than for 3
colors).
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RFP 20-600-000-Q 27
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
• Pricing must include setup, delivery of equipment, software, installation of
equipment/accessories/software, network installation, removal of all waste
material, initial training costs, and removal cost (of the equipment placed
under any subsequent agreement).
o Network installation shall include: configuration of the equipment for
the proper network protocols; and installation of the appropriate print
drivers.
3.12. Evaluation
Respondents will be evaluated solely for those categories/segments for which a proposal has
been submitted. Awards will be made to the top scoring respondents for each segment. Total
Pricing will be evaluated to determine comparable status to similarly situated States (CA, NY,
and TX).
3.12.1 Pricing
The State of Florida is one of the four (4) largest State Governments. Florida's position
compares to that of California, New York and Texas. As such, the State fully expects
Respondent's pricing submitted be equal to, or better than, similarly situated clients
and/or large enterprise customers.
• MFP and Printer Pricing Evaluation
Pricing evaluation shall be made based on lowest State of Florida purchase price,
lowest cost per copy/print, and lowest lease rates proposed; however, discount
percentage proposed must be the same or better throughout the life of the contract.
Lowest price for Base, accessories, and CPC/overages (and lease factors if
applicable) shall receive the maximum number of points available per segment.
Lease factors may also be submitted for the addition of accessories after initial
equipment installation via Attachment 2.9: CoTerm Lease Rates. CoTerm lease
rate, if provided, will receive points. If CoTerm lease rates are not provided, no
points will be given.
Each machine segment will be evaluated to determine the lowest purchase price,
lowest cost per copy/print (maintenance overages included), and lowest lease
rates proposed.
• Sheet Fed Scanner Pricing Evaluation
Pricing will be evaluated on the basis of lowest State of Florida purchase price for
the purchase of the base machine configuration and percentage off accessories.
• Facsimile Pricing Evaluation
Pricing will be evaluated on the basis of lowest State of Florida purchase price for
the base machine configuration and accessories.
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RFP 20-600-000-Q 28
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
If, in the process of the State's evaluation and due diligence, it is determined that the
pricing proposed by the Respondent is not comparable (or better) to these similarly
situated clients,the Respondent's submission may be rejected.
3.12.2. Technical
Technical evaluators will independently evaluate proposed equipment for technical
responsiveness.Non-responsive proposals shall not be considered for award.
3.12.3 Service Level Agreement(SLA)
The SLA (Attachment 4) must be signed and submitted via the Sourcing Tool as part of
the Vendor's RFP response. Failure to agree to the SLA will result in the respondent
being deemed non-responsive.
3.12.4 Financial Status
The Department will evaluate the Respondent's financial status using the Respondent's
Dun&Bradstreet(D&B) Supplier Qualifier Report (SQR).
3.12.5 Value-added Services
Value-added services are not a required component of the bid response. The State
welcomes the proposal of services which will provide increased opportunities for cost
savings and within the scope of this RFP.
3.13. Financial Status
The Department will assign evaluation points on the Respondent's financial viability to perform
the services outlined in this RFP.
The Department requires submission of the Respondent's SQR prepared by D&B. The Supplier
Qualifier Report is a standard report detailing financial and operational capability. It is highly
recommended that prospective Respondents be familiar with their SQR rating prior to
responding to this RFP.
The prospective Contractor shall request the SQR report from D&B at:
https://sor.dnb.com/sor/jsp/forms/SOF jsp?SORTAG1=JO 37hS4r&SORTAG2 j58Gjk4x
• Enter the RFP number in the text field entitled"Enter your RFP Number" and select submit.
• Enter your company's Duns Number. If you don't know your company's Duns number, you
may use the search feature to find it.
• Confirm Registration
• Enter payment method and information and complete registration. The cost of the
preparation of the D&B report shall be the responsibility of the Respondent.
The SQR report shall be a part of the Respondent's submitted response. It is the duty of the
Respondent to ensure the timely submission of a D&B SQR report via the Sourcing Tool that
accurately reflects the proposing entities SQR score. If the Department cannot determine on the
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face of the documents that the SQR report is that of the proposing entity, the Department may
award zero (0)points.
Respondents are advised to allow sufficient time before the proposal due date for the D&B
processing. Respondents should allow a minimum of 10 business days for D&B to process. If
the Respondent does not receive a SQR from D&B prior to the opening date of the solicitation,
as stated in the Event Timeline (Section 1.3), the Respondent shall be required to provide proof
the SQR was requested by the Respondent after the posting date of the solicitation and submit
said proof to the procurement manager upon request for clarification.
SQR Risk Score Points Assigned
2 7
3 6
4 5
5 4
6 3
7 2
8 1
If the Respondent does not provide a D&B SQR report, or if one cannot be generated by D&B,
the submission will receive a score of zero (0) (Highest Risk Rating) for financial status. The
Department may request financial information from Respondents that are unable to provide a
D&B SQR report. These may include (but not be limited to): P/L Statements, Balance
Statements, and other corporate financial reports.
3.14. Service Level Agreement
Awarded Vendors must maintain a Service Level Agreement (SLA) with the Department. The
SLA includes penalties for failure to perform. Awarded Vendors must provide quarterly Service
Level compliance reports to the State Term Contract Administrator.
3.15. Ranking and Selection Process
The Department shall evaluate and rank responsive proposals against all evaluation criteria set
forth in the solicitation. The Department reserves the right to reject any and all replies, if the
Department determines such action is in the best interest of the State.
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RFP 20-600-000-Q 30
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
Vendors whose responses have been determined to be responsive shall be evaluated and awarded
points using the following criteria:
Criteria Maximum Points Available
Responses to Vendor Questions 18 points
Value Added 5 points
Energy Star Certified 5 points
Related Software 4 points
References 5 points
Financial Status 8 points
Total 40 points
Points listed above may be awarded to each vendor and any points awarded shall be added to the
total points below. The maximum points available for responding to each segment are as
follows:
Category 1: Copier-based MFPs Points per Segment
Pricing 145 points
Technical Pass/Fail
Category 2: Printer-based MFPs Points per Segment
Pricing 145 points
Technical Pass/Fail
Category 3: Printers Points per Segment
Pricing 145 points
Technical Pass/Fail
Category 4: Workgroup and Network Sheet Fed Points per Segment
Scanners
Pricing 40 points
Technical Pass/Fail
Category 5: Plain Paper Facsimile Machines Points per Segment
Pricing 40 points
Technical Pass/Fail
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RFP 20-600-000-Q 31
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
Maximum Points for Categories 1, 2, and 3 are:
Lowest Base 20 points
Pricing
%off SRP- 20 points
Accessories
24 months lease 20 points
factor
36 months lease 20 points
factor
48 months lease 20 points
factor
Co-Term 5 points
Lowest cost per 20 points
copy Black and
White
Lowest cost per 20 points
copy Color
Maximum Points for Categories 4 and 5 are:
Lowest Base Price 20 points
%off SRP- 20 points
Accessories
Points awarded will be averaged by number of segments within each category for which a
response was submitted. Vendors will be awarded by segments per category. Categories will be
evaluated independently of each other.
Technical evaluation of all equipment proposed will be scored on a pass/fail basis. All equipment
proposed must pass the technical requirements in order to be considered for award. Please see
technical requirements listed in Section 6 of the RFP as well as responses to questions submitted
to the Q&A board.
3.16. Quality
All products, equipment, merchandise, and miscellaneous material bid shall comply with
applicable requirements and standards of the Occupational Safety and Health Act (OSHA) and
applicable State of Florida codes.
Respondent shall warrant that all equipment, materials and workmanship furnished, whether by
Contractor or its authorized dealers, complies with product specifications, drawings and other
descriptions, supplied or adopted, and will be new, fit and suitable for the intended purpose, of
good materials, design, workmanship, and free from defects or failure.
3.17. Technical Documentation
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RFP 20-600-000-Q 32
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
Technical documentation, including printed technical literature, may be requested from any
Respondent, at any time, before or after contract award. Failure to supply this technical
documentation when requested may result in rejection of your response or termination of contract.
3.18. Documentation Becomes the Property of the State
All documentation produced as part of this solicitation shall become the exclusive property of the
State. Documentation may not be removed by the Respondent or its agents and will not be
returned to the Respondent. Selection or rejection of a reply shall not affect this right.
3.19. Contact Information and Ordering Instructions
Ordering Instructions (Attachment 9) shall be submitted as part of the Vendor's RFP response.
This form shall identify the designated employee responsible for administration of the resultant
Contract, if awarded. Contact information for the direct supervisor of the designated employee
shall also be required. The designated employee shall be responsible for answering questions
about equipment, pricing, ordering procedures, as well as submitting product and pricing
updates.
3.20. Sales, Service, Parts and Repair Facilities
The ability of the Contactor to meet the minimum service parts and repair requirements outlined
herein is of paramount importance in obtaining the award of this contract.
Awarded vendors shall maintain sales and service dealer facilities throughout the entire State of
Florida. Awarded vendors may also choose to sell products through an authorized dealer.
Respondents are required to submit a complete list of authorized dealers and service locations,
with their RFP response, as additional pages to the Contact and Ordering Instructions form.
Failure to comply with this requirement may result in disqualification of the bid.
List of participating re-sellers and service facilities shall include the following information:
• Dealer Name
• Dealer Address
• City, State, Zip Code
• Office Phone/Fax
• Email Address
• Contact Person
• Contractor Tax ID Number
• Number of employees employed at location, broken down by sales, service and other
• Area of state location covers (counties)
The Department reserves the right to consider the availability of re-seller and service facilities in
the award of this solicitation. Each service facility shall maintain a sufficient number of qualified
technicians and a normal supply of parts to provide all required service, and ensure minimal
equipment downtime. Failure to comply with this requirement will result in termination of
contract.
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RFP 20-600-000-Q 33
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
Contractor's dealers/service representatives must be approved by the STC administrator prior to
conducting business via the STC. Reseller/dealer information shall be submitted using the
Authorized Dealer Form (Attachment 10) of the bid documents.
Minimum qualifications for dealers and service location inclusion are:
• Must be registered and listed as active with the State of Florida's Department of State,
Division of Corporations. If doing business using a fictitious name (d.b.a.), the fictitious
name must also be registered with the Division of Corporations.
• Must be fully registered and active within the State of Florida's MyFloridaMarketPlace
Vendor Information Portal. To be considered fully active, all sections within the
registration must be completed and the terms of use accepted.
o Must not have outstanding fees due to the State of Florida within
MyFloridaMarketPlace
• Must not be listed on the State of Florida's Department of Management Services,
Division of State Purchasing Convicted, Suspended, or Discriminatory Vendor lists.
The State of Florida is not a party to the contractual relationship between the Contractor and their
dealers/service representatives. Contractor is responsible for the performance of their designated
authorized dealers/service representatives.
3.21. Special Accommodation
Any person requiring a special accommodation at State Purchasing because of a disability should
call State Purchasing at (850) 488-8440 at least two (2) workdays prior to the bid opening. If
you are hearing or speech impaired, please contact State Purchasing by using the Florida Relay
Service at(800) 955-8771 (TDD).
3.22. State Objectives
Within thirty (30) calendar days following award of the Contract, the successful Respondent
shall submit plans addressing each of the State's five (5) objectives listed below, to the extent
applicable to the items/services covered by this solicitation.
3.22.1 Diversity.
The State of Florida is committed to supporting its diverse business industry and
population through ensuring participation by minority- and women-owned business
enterprises in the economic life of the state. The State of Florida Mentor Protégé
Program connects minority- and women-owned businesses with private corporations for
business development mentoring. We strongly encourage firms doing business with the
State of Florida to consider this initiative. For more information on the Mentor Protégé
Program, please contact the Office of Supplier Diversity at(850)487-0915.
The State is dedicated to fostering the continued development and economic growth of
small, minority, and women-owned businesses. Participation by a diverse group of
Vendors doing business with the State is central to this effort. To this end, it is vital that
small, minority, and women-owned business enterprises participate in the State's
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RFP 20-600-000-Q 34
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
procurement process as both Contractors and sub- contractors in this solicitation. Small,
minority, and women-owned businesses are strongly encouraged to contribute to this
solicitation.
The Contractor shall submit documentation addressing diversity and describing the
efforts being made to encourage the participation of small, minority, and women-owned
businesses.
Information on Certified Minority Business Enterprises (CMBE) is available from the
Office of Supplier Diversity at: http://dms.myflorida.com/osd.
Quarterly Reports of revenue paid to W/MBE contractors (agents or subcontractors) as a
result of any award shall be provided to DMS Purchasing by the Prime Contractor on an
Agency by Agency or other Eligible User level (Section 5.4.).
3.22.2. Environmental Considerations.
Florida Governor Charlie Crist signed Executive Order 07-126, titled "Establishing
Climate Change Leadership by Example: Immediate Actions to Reduce Greenhouse Gas
Emissions from Florida State Government"; Executive Order 07-127, "Immediate
Actions to Reduce Greenhouse Gas Emissions within Florida"; and Executive Order 07-
128, "Florida Governor's Action Team on Energy and Climate Change."
The State supports and encourages initiatives to protect and preserve our environment.
The Prime Contractor shall submit as part of any response the Prime Contractor's plan to
support the procurement of products and materials with recycled content, and the intent
of Section 287.045, F.S.. The Prime Contractor shall also provide a plan for reducing and
or handling of any hazardous waste generated by Prime Contractor's company. Reference
Rule 62-730.160, Florida Administrative Code. It is a requirement of the Florida
Department of Environmental Protection that a generator of hazardous waste materials
that exceeds a certain threshold must have a valid and current Hazardous Waste
Generator Identification Number. This identification number shall be submitted as part of
Prime Contractor's explanation of its company's hazardous waste plan and shall explain
in detail its handling and disposal of this waste.
Prime Contractor shall utilize equipment that is Energy Star or EPEAT Bronze (or
higher) compliant wherever possible. Prime Contractor shall list all equipment that meets
these criteria.
Describe what efforts your company (as Contractor) will take to encourage the
participation and support of these and other environmental programs.
3.22.3. Certification of Drug-Free Workplace Program.
The State supports and encourages initiatives to keep the workplaces of Florida's
Suppliers and Prime Contractors drug free. Section 287.087 of the Florida Statutes
provides that, where identical tie responses are received, preference shall be given to a
response received from a Respondent that certifies it has implemented a drug-free
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RFP 20-600-000-Q 35
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
workforce program. If applicable, Respondent shall certify that the Respondent has a
drug-free workplace program using the "Certification of Drug-Free Workplace" as
provided in Sourcing Tool for this solicitation. The Prime Contractor shall describe how
it will address the implementation of a drug free workplace in offering the items of the
solicitation. Certification shall be submitted(in the Sourcing Tool) using Attachment 12.
3.22.4. Products Available from the Blind or Other Handicapped (RESPECT).
The State supports and encourages the gainful employment of citizens with disabilities.
It is expressly understood and agreed that any articles that are the subject of, or required
to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for
the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same
manner and under the same procedures set forth in Section 413.036(1) and (2), Florida
Statutes; and for purposes of this Contract the person, firm, or other business entity
carrying out the provisions of this Contract shall be deemed to be substituted for the state
agency insofar as dealings with such qualified nonprofit agency are concerned.
Additional information about the designated nonprofit agency and the products it offers is
available at http://www.respectofflorida.org.
The Respondent shall describe how it will address the use of RESPECT in offering the
items of the solicitation.
3.22.5. Prison Rehabilitative Industries and Diversified Enterprises,Inc. (PRIDE).
The State supports and encourages the use of Florida correctional work programs. It is
expressly understood and agreed that any articles which are the subject of, or required to
carry out, this Contract shall be purchased from the corporation identified under Chapter
946, F.S., in the same manner and under the same procedures set forth in Section
946.515(2), and (4), F.S.; and for purposes of this Contract the person, firm, or other
business entity carrying out the provisions of this Contract shall be deemed to be
substituted for this agency insofar as dealings with such corporation are concerned.
Additional information about PRIDE and the products it offers is available at
http://www.pridefl.com.
The Prime Contractor shall describe how it will address the use of PRIDE in offering the
items of the solicitation.
THIS SPACE INTENTIONALLY LEFT BLANK
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RFP 20-600-000-Q 36
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
SECTION 4
STATE OF FLORIDA
PUR 1000
GENERAL CONTRACT CONDITIONS
Contents
4.1.Definitions.
4.2.Purchase Orders.
4.3.Product Version.
4.4. Price Changes Applicable only to Term Contracts.
4.5.Additional Quantities.
4.6. Packaging.
4.7.Inspection at Contractor's Site.
4.8. Safety Standards.
4.9. Americans with Disabilities Act.
4.10.Literature.
4.11.Transportation and Delivery.
4.12.Installation.
4.13.Risk of Loss.
4.14. Transaction Fee.
4.15.Invoicing and Payment.
4.16. Taxes.
4.17. Governmental Restrictions.
4.18.Lobbying and Integrity.
4.19.Indemnification.
4.20.Limitation of Liability.
4.21. Suspension of Work.
4.22.Termination for Convenience.
4.23.Termination for Cause.
4.24. Force Majeure,Notice of Delay,and No Damages for Delay.
4.25. Changes.
4.26.Renewal.
4.27. Purchase Order Duration.
4.28.Advertising.
4.29.Assignment.
4.30.Antitrust Assignment
4.31. Dispute Resolution.
4.32.Employees,Subcontractors,and Agents.
4.33. Security and Confidentiality.
4.34. Contractor Employees, Subcontractors,and Other Agents.
4.35.Insurance Requirements.
4.36.Warranty of Authority.
4.37.Warranty of Ability to Perform.
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RFP 20-600-000-Q 37
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
4.38. Notices.
4.39. Leases and Installment Purchases.
4.40. Prison Rehabilitative Industries and Diversified Enterprises,Inc. (PRIDE).
4.41.Products Available from the Blind or Other Handicapped.
4.42. Modification of Terms.
4.43. Cooperative Purchasing.
4.44.Waiver.
4.45.Annual Appropriations.
4.46.Execution in Counterparts.
4.47. Severability.
4.1. Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this
agreement. The following additional terms are also defined:
(a) "Contract" means the legally enforceable agreement that results from a successful
solicitation. The parties to the Contract will be the Customer and Contractor.
(b) "Customer" means the State agency or other entity identified in a contract as the party to
receive commodities or contractual services pursuant to a contract or that orders commodities or
contractual services via purchase order or other contractual instrument from the Contractor under
the Contract. The ``Customer" may also be the "Buyer" as defined in the PUR 1001 if it meets
the definition of both terms.
(c) "Product" means any deliverable under the Contract, which may include commodities,
services,technology or software.
(d) "Purchase order" means the form or format a Customer uses to make a purchase under the
Contract (e.g., a formal written purchase order, electronic purchase order, procurement card,
contract or other authorized means).
4.2. Purchase Orders. In contracts where commodities or services are ordered by the
Customer via purchase order, Contractor shall not deliver or furnish products until a Customer
transmits a purchase order. All purchase orders shall bear the Contract or solicitation number,
shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate
by reference the Contract and solicitation terms and conditions. Any discrepancy between the
Contract terms and the terms stated on the Contractor's order form, confirmation, or
acknowledgement shall be resolved in favor of terms most favorable to the Customer. A
purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be
deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof.
Customers shall designate a contract manager and a contract administrator as required by
subsections 287.057(15) and (16) of the Florida Statutes.
4.3. Product Version. Purchase orders shall be deemed to reference a manufacturer's most
recently release model or version of the product at the time of the order, unless the Customer
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RFP 20-600-000-Q 38
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
specifically requests in writing an earlier model or version and the contractor is willing to
provide such model or version.
4.4. Price Changes Applicable only to Term Contracts. If this is a term contract for
commodities or services, the following provisions apply.
(a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery
of large single orders. Customers should seek to negotiate additional price concessions on
quantity purchases of any products offered under the Contract. State Customers shall document
their files accordingly.
(b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better
pricing offered by the Contractor for substantially the same or a smaller quantity of a product
outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of
the Customer the price under the Contract shall be immediately reduced to the lower price.
(c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to
a change in market conditions, a Contractor may conduct sales promotions involving price
reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist
documentation identifying the proposed (1) starting and ending dates of the promotion, (2)
products involved, and (3) promotional prices compared to then-authorized prices. Promotional
prices shall be available to all Customers. Upon approval, the Contractor shall provide
conspicuous notice of the promotion.
(d) Trade-In. Customers may trade-in equipment when making purchases from the Contract. A
trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated
to actively seek current fair market value when trading equipment, and to keep accurate records
of the process. For State agencies, it may be necessary to provide documentation to the
Department of Financial Services and to the agency property custodian pursuant to Chapter 273,
F.S.
(e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable
adjustment in the Contract terms or pricing if pricing or availability of supply is affected by
extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the
following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2)
the volatility affects the marketplace or industry, not just the particular Contract source of
supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so
affects the Contractor that continued performance of the Contract would result in a substantial
loss.
4.5. Additional Quantities. For a period not exceeding ninety (90) days from the date of
solicitation award, the Customer reserves the right to acquire additional quantities up to the
amount shown on the solicitation but not to exceed the threshold for Category Two at the prices
submitted in the response to the solicitation.
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RFP 20-600-000-Q 39
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
4.6. Packaging. Tangible product shall be securely and properly packed for shipment,
storage, and stocking in appropriate, clearly labeled, shipping containers and according to
accepted commercial practice, without extra charge for packing materials, cases, or other types
of containers. All containers and packaging shall become and remain Customer's property.
4.7. Inspection at Contractor's Site. The Customer reserves the right to inspect, at any
reasonable time with prior notice, the equipment or product or plant or other facilities of a
Contractor to assess conformity with Contract requirements and to determine whether they are
adequate and suitable for proper and effective Contract performance.
4.8. Safety Standards. All manufactured items and fabricated assemblies subject to
operation under pressure, operation by connection to an electric source, or operation involving
connection to a manufactured, natural, or LP gas source shall be constructed and approved in a
manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a
minimum, identification marking of the appropriate safety standard organization, where such
approvals of listings have been established for the type of device offered and furnished, for
example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters
Laboratories and/or National Electrical Manufacturers' Association for electrically operated
assemblies; and the American Gas Association for gas-operated assemblies. In addition, all
items furnished shall meet all applicable requirements of the Occupational Safety and Health Act
and state and federal requirements relating to clean air and water pollution.
4.9. Americans with Disabilities Act. Contractors should identify any products that may be
used or adapted for use by visually, hearing, or other physically impaired individuals.
4.10. Literature. Upon request, the Contractor shall furnish literature reasonably related to the
product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc.
4.11. Transportation and Delivery. Prices shall include all charges for packing, handling,
freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to
any point within thirty (30) days after the Customer places an Order. A Contractor, within five
(5) days after receiving a purchase order, shall notify the Customer of any potential delivery
delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and
Contractor suspension.
4.12. Installation. Where installation is required, Contractor shall be responsible for placing
and installing the product in the required locations at no additional charge, unless otherwise
designated on the Contract or purchase order. Contractor's authorized product and price list
shall clearly and separately identify any additional installation charges. All materials used in the
installation shall be of good quality and shall be free of defects that would diminish the
appearance of the product or render it structurally or operationally unsound. Installation includes
the furnishing of any equipment, rigging, and materials required to install or replace the product
in the proper location. Contractor shall protect the site from damage and shall repair damages or
injury caused during installation by Contractor or its employees or agents. If any alteration,
dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly
restore the structure or site to its original condition. Contractor shall perform installation work
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RFP 20-600-000-Q 40
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
so as to cause the least inconvenience and interference with Customers and with proper
consideration of others on site. Upon completion of the installation, the location and surrounding
area of work shall be left clean and in a neat and unobstructed condition, with everything in
satisfactory repair and order.
4.13. Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S.
Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall
be responsible for filing, processing, and collecting all damage claims. To assist the Contractor
with damage claims, the Customer shall: record any evidence of visible damage on all copies of
the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and
provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report.
When a Customer rejects a product, Contractor shall remove it from the premises within ten days
after notification or rejection. Upon rejection notification, the risk of loss of rejected or non-
conforming product shall remain with the Contractor. Rejected product not removed by the
Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall
have the right to dispose of it as its own property. Contractor shall reimburse the Customer for
costs and expenses incurred in storing or effecting removal or disposition of rejected product.
4.14. Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide
eProcurement System ("System"). Pursuant to section 287.057(23), Florida Statutes (2002), all
payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall
pay to the State, unless exempt pursuant to 60A-1.032, F.A.C.
For payments within the State accounting system (FLAIR or its successor), the Transaction Fee
shall, when possible, be automatically deducted from payments to the Contractor. If automatic
deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-
1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies
their correctness. All such reports and payments shall be subject to audit by the State or its
designee.
Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of
any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the
Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is
rejected or returned, or declined, due to the Contractor's failure to perform or comply with
specifications or requirements of the agreement.
Failure to comply with these requirements shall constitute grounds for declaring the Contractor
in default and recovering reprocurement costs from the Contractor in addition to all outstanding
fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE
SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT
SERVICES' VENDOR LIST AS PROVIDED IN RULE 60A-1.006, F.A.C.
4.15. Invoicing and Payment. Invoices shall contain the Contract number, purchase order
number if applicable, and the appropriate vendor identification number. The State may require
any other information from the Contractor that the State deems necessary to verify any purchase
order placed under the Contract.
At the State's option, Contractors may be required to invoice electronically pursuant to
guidelines of the Department of Management Services. Current guidelines require that
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RFP 20-600-000-Q 41
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
Contractor supply electronic invoices in lieu of paper-based invoices for those transactions
processed through the system. Electronic invoices shall be submitted to the Customer through the
Ariba Supplier Network (ASN) in one of the following mechanisms — EDI 810, cXML, or web-
based invoice entry within the ASN.
Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida
Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a
Contractor due to preparation errors will result in a delay in payment. Contractors may call
(850) 413-7269 Monday through Friday to inquire about the status of payments by State
Agencies. The Customer is responsible for all payments under the Contract. A Customer's
failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not
relieve the Contractor of its obligations to the Department or to other Customers.
4.16. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of
tangible personal property. The State will not pay for any personal property taxes levied on the
Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall
be explicitly noted by the Customer in the special contract conditions section of the solicitation
or in the Contract or purchase order.
4.17. Governmental Restrictions. If the Contractor believes that any governmental
restrictions have been imposed that require alteration of the material, quality, workmanship or
performance of the products offered under the Contract, the Contractor shall immediately notify
the Customer in writing, indicating the specific restriction. The Customer reserves the right and
the complete discretion to accept any such alteration or to cancel the Contract at no further
expense to the Customer.
4.18. Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS
and Section 216.347, FS.The Contractor shall not, in connection with this or any other
agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary
benefit on anyone as consideration for any State officer or employee's decision, opinion,
recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2)
offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request
of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of
more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals,
lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of
any kind. Upon request of the Customer's Inspector General, or other authorized State official,
the Contractor shall provide any type of information the Inspector General deems relevant to the
Contractor's integrity or responsibility. Such information may include, but shall not be limited
to, the Contractor's business or financial records, documents, or files of any type or form that
refer to or relate to the Contract. The Contractor shall retain such records for the longer of(1)
three years after the expiration of the Contract or (2) the period required by the General Records
Schedules maintained by the Florida Department of State (available at:
http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The Contractor agrees to reimburse
the State for the reasonable costs of investigation incurred by the Inspector General or other
authorized State official for investigations of the Contractor's compliance with the terms of this
or any other agreement between the Contractor and the State which results in the suspension or
debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of
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RFP 20-600-000-Q 42
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
investigators, including overtime; travel and lodging expenses; and expert witness and
documentary fees. The Contractor shall not be responsible for any costs of investigations that do
not result in the Contractor's suspension or debarment.
4.19. Indemnification. The Contractor shall be fully liable for the actions of its agents,
employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the
State and Customers, and their officers, agents, and employees, from suits, actions, damages, and
costs of every name and description, including attorneys' fees, arising from or relating to
personal injury and damage to real or personal tangible property alleged to be caused in whole or
in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that
the Contractor shall not indemnify for that portion of any loss or damages proximately caused by
the negligent act or omission of the State or a Customer.
Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers
from any suits, actions, damages, and costs of every name and description, including attorneys'
fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade
secret or intellectual property right, provided, however, that the foregoing obligation shall not
apply to a Customer's misuse or modification of Contractor's products or a Customer's operation
or use of Contractor's products in a manner not contemplated by the Contract or the purchase
order. If any product is the subject of an infringement suit, or in the Contractor's opinion is
likely to become the subject of such a suit, the Contractor may at its sole expense procure for the
Customer the right to continue using the product or to modify it to become non-infringing. If the
Contractor is not reasonably able to modify or otherwise secure the Customer the right to
continue using the product, the Contractor shall remove the product and refund the Customer the
amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for
any royalties.
The Contractor's obligations under the preceding two paragraphs with respect to any legal action
are contingent upon the State or Customer giving the Contractor (1) written notice of any action
or threatened action, (2) the opportunity to take over and settle or defend any such action at
Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole
expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or
made by the State or Customer in any legal action without the Contractor's prior written consent,
which shall not be unreasonably withheld.
4.20. Limitation of Liability. For all claims against the Contractor under any contract or
purchase order, and regardless of the basis on which the claim is made, the Contractor's liability
under a contract or purchase order for direct damages shall be limited to the greater of$100,000,
the dollar amount of the contract or purchase order, or two times the charges rendered by the
Contractor under the purchase order. This limitation shall not apply to claims arising under the
Indemnity paragraph contain in this agreement.
Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall
be liable to another for special, indirect, punitive, or consequential damages, including lost data
or records (unless the contract or purchase order requires the Contractor to back-up data or
records), even if the party has been advised that such damages are possible. No party shall be
liable for lost profits, lost revenue, or lost institutional operating savings. The State and
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Customer may, in addition to other remedies available to them at law or equity and upon notice
to the Contractor, retain such monies from amounts due Contractor as may be necessary to
satisfy any claim for damages, penalties, costs and the like asserted by or against them. The
State may set off any liability or other obligation of the Contractor or its affiliates to the State
against any payments due the Contractor under any contract with the State.
4.21. Suspension of Work. The Customer may in its sole discretion suspend any or all
activities under the Contract or purchase order, at any time, when in the best interests of the State
to do so. The Customer shall provide the Contractor written notice outlining the particulars of
suspension. Examples of the reason for suspension include, but are not limited to, budgetary
constraints, declaration of emergency, or other such circumstances. After receiving a suspension
notice, the Contractor shall comply with the notice and shall not accept any purchase orders.
Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either
(1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2)
terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to
any additional compensation.
4.22. Termination for Convenience. The Customer, by written notice to the Contractor, may
terminate the Contract in whole or in part when the Customer determines in its sole discretion
that it is in the State's interest to do so. The Contractor shall not furnish any product after it
receives the notice of termination, except as necessary to complete the continued portion of the
Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost
profits.
4.23. Termination for Cause. The Customer may terminate the Contract if the Contractor
fails to (1) deliver the product within the time specified in the Contract or any extension, (2)
maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of
the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-
1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall
continue work on any work not terminated. Except for defaults of subcontractors at any tier, the
Contractor shall not be liable for any excess costs if the failure to perform the Contract arises
from events completely beyond the control, and without the fault or negligence, of the
Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if
the cause of the default is completely beyond the control of both the Contractor and the
subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for
any excess costs for failure to perform, unless the subcontracted products were obtainable from
other sources in sufficient time for the Contractor to meet the required delivery schedule. If,
after termination, it is determined that the Contractor was not in default, or that the default was
excusable, the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of the Customer. The rights and remedies of the Customer in
this clause are in addition to any other rights and remedies provided by law or under the
Contract.
4.24. Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not
be responsible for delay resulting from its failure to perform if neither the fault nor the
negligence of the Contractor or its employees or agents contributed to the delay and the delay is
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due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar
cause wholly beyond the Contractor's control, or for any of the foregoing that affect
subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case
of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in
writing of the delay or potential delay and describe the cause of the delay either (1) within ten
(10) days after the cause that creates or will create the delay first arose, if the Contractor could
reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably
foreseeable, within five (5) days after the date the Contractor first had reason to believe that a
delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S
SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict
accordance with this paragraph is a condition precedent to such remedy. No claim for damages,
other than for an extension of time, shall be asserted against the Customer. The Contractor shall
not be entitled to an increase in the Contract price or payment of any kind from the Customer for
direct, indirect, consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference,
or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in
part, due to any of the causes described in this paragraph, after the causes have ceased to exist
the Contractor shall perform at no increased cost, unless the Customer determines, in its sole
discretion, that the delay will significantly impair the value of the Contract to the State or to
Customers, in which case the Customer may (I) accept allocated performance or deliveries from
the Contractor, provided that the Contractor grants preferential treatment to Customers with
respect to products subjected to allocation, or (2) purchase from other sources (without recourse
to and by the Contractor for the related costs and expenses) to replace all or part of the products
that are the subject of the delay, which purchases may be deducted from the Contract quantity, or
(3)terminate the Contract in whole or in part.
4.25. Changes. The Customer may unilaterally require, by written order, changes altering,
adding to, or deducting from the Contract specifications, provided that such changes are within
the general scope of the Contract. The Customer may make an equitable adjustment in the
Contract price or delivery date if the change affects the cost or time of performance. Such
equitable adjustments require the written consent of the Contractor, which shall not be
unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit
separate bids to satisfy them.
4.26. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the
Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract,
whichever period is longer. Any renewal shall specify the renewal price, as set forth in the
solicitation response. The renewal must be in writing and signed by both parties, and is
contingent upon satisfactory performance evaluations and subject to availability of funds.
4.27. Purchase Order Duration. Purchase orders issued pursuant to a state term or agency
contract must be received by the Contractor no later than close of business on the last day of the
contract's term to be considered timely. The Contractor is obliged to fill those orders in
accordance with the contract's terms and conditions. Purchase orders received by the contractor
after close of business on the last day of the state term or agency contract's term shall be
considered void.
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Purchase orders for a one-time delivery of commodities or performance of contractual services
shall be valid through the performance by the Contractor, and all terms and conditions of the
state term or agency contract shall apply to the single delivery/performance, and shall survive the
termination of the Contract.
Contractors are required to accept purchase orders specifying delivery schedules exceeding the
contracted schedule even when such extended delivery will occur after expiration of the state
term or agency contract. For example, if a state term contract calls for delivery 30 days after
receipt of order(ARO), and an order specifies delivery will occur both in excess of 30 days ARO
and after expiration of the state term contract, the Contractor will accept the order. However, if
the Contractor expressly and in writing notifies the ordering office within ten (10) calendar days
of receipt of the purchase order that Contractor will not accept the extended delivery terms
beyond the expiration of the state term contract, then the purchase order will either be amended
in writing by the ordering entity within ten (10) calendar days of receipt of the contractor's
notice to reflect the state term contract delivery schedule, or it shall be considered withdrawn.
The duration of purchase orders for recurring deliveries of commodities or performance of
services shall not exceed the expiration of the state term or agency contract by more than twelve
months. However, if an extended pricing plan offered in the state term or agency contract is
selected by the ordering entity, the contract terms on pricing plans and renewals shall govern the
maximum duration of purchase orders reflecting such pricing plans and renewals.
Timely purchase orders shall be valid through their specified term and performance by the
Contractor, and all terms and conditions of the state term or agency contract shall apply to the
recurring delivery/performance as provided herein, and shall survive the termination of the
Contract.
Ordering offices shall not renew a purchase order issued pursuant to a state term or agency
contract if the underlying contract expires prior to the effective date of the renewal.
4.28. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly
disseminate any information concerning the Contract without prior written approval from the
Customer, including, but not limited to mentioning the Contract in a press release or other
promotional material, identifying the Customer or the State as a reference, or otherwise linking
the Contractor's name and either a description of the Contract or the name of the State or the
Customer in any material published, either in print or electronically, to any entity that is not a
party to Contract, except potential or actual authorized distributors, dealers, resellers, or service
representative.
4.29. Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or
obligations under the Contract, or under any purchase order issued pursuant to the Contract,
without the prior written consent of the Customer. In the event of any assignment, the Contractor
remains secondarily liable for performance of the contract, unless the Customer expressly waives
such secondary liability. The Customer may assign the Contract with prior written notice to
Contractor of its intent to do so.
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4.30. Antitrust Assignment. The Contractor and the State of Florida recognize that in actual
economic practice, overcharges resulting from antitrust violations are in fact usually borne by the
State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all
claims for such overcharges as to goods, materials or services purchased in connection with the
Contract.
4.31. Dispute Resolution. Any dispute concerning performance of the Contract shall be
decided by the Customer's designated contract manager, who shall reduce the decision to writing
and serve a copy on the Contractor. The decision shall be final and conclusive unless within
twenty one (21) days from the date of receipt, the Contractor files with the Customer a petition
for administrative hearing. The Customer's decision on the petition shall be final, subject to the
Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of
administrative remedies is an absolute condition precedent to the Contractor's ability to pursue
any other form of dispute resolution; provided, however, that the parties may employ the
alternative dispute resolution procedures outlined in Chapter 120.
Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises
out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in
any such action, Florida law shall apply and the parties waive any right to jury trial.
4.32. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or
agents performing work under the Contract shall be properly trained technicians who meet or
exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of
technical certification or other proof of qualification. All employees, subcontractors, or agents
performing work under the Contract must comply with all security and administrative
requirements of the Customer and shall comply with all controlling laws and regulations relevant
to the services they are providing under the Contract. The State may conduct, and the Contractor
shall cooperate in, a security background check or otherwise assess any employee, subcontractor,
or agent furnished by the Contractor. The State may refuse access to, or require replacement of,
any personnel for cause, including, but not limited to, technical or training qualifications, quality
of work, change in security status, or non-compliance with a Customer's security or other
requirements. Such approval shall not relieve the Contractor of its obligation to perform all work
in compliance with the Contract. The State may reject and bar from any facility for cause any of
the Contractor's employees, subcontractors, or agents.
4.33. Security and Confidentiality. The Contractor shall comply fully with all security
procedures of the United States, State of Florida and Customer in performance of the Contract.
The Contractor shall not divulge to third parties any confidential information obtained by the
Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the
course of performing Contract work, including, but not limited to, security procedures, business
operations information, or commercial proprietary information in the possession of the State or
Customer. The Contractor shall not be required to keep confidential information or material that
is publicly available through no fault of the Contractor, material that the Contractor developed
independently without relying on the State's or Customer's confidential information, or material
that is otherwise obtainable under State law as a public record. To insure confidentiality, the
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Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The
warranties of this paragraph shall survive the Contract.
4.34. Contractor Employees, Subcontractors, and Other Agents. The Customer and the
State shall take all actions necessary to ensure that Contractor's employees, subcontractors and
other agents are not employees of the State of Florida. Such actions include, but are not limited
to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and
necessary insurance (health, workers' compensations, and unemployment) from an employer
other than the State of Florida.
4.35. Insurance Requirements. During the Contract term, the Contractor at its sole expense
shall provide commercial insurance of such a type and with such terms and limits as may be
reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is
a material obligation of the Contractor. Upon request, the Contractor shall provide certificate of
insurance. The limits of coverage under each policy maintained by the Contractor shall not be
interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance
policies shall be through insurers authorized or eligible to write policies in Florida.
4.36. Warranty of Authority. Each person signing the Contract warrants that he or she is
duly authorized to do so and to bind the respective party to the Contract.
4.37. Warranty of Ability to Perform. The Contractor warrants that, to the best of its
knowledge, there is no pending or threatened action, proceeding, or investigation, or any other
legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's
ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate
is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida
Statutes, or on any similar list maintained by any other state or the federal government. The
Contractor shall immediately notify the Customer in writing if its ability to perform is
compromised in any manner during the term of the Contract.
4.38. Notices. All notices required under the Contract shall be delivered by certified mail,
return receipt requested, by reputable air courier service, or by personal delivery to the agency
designee identified in the original solicitation, or as otherwise identified by the Customer.
Notices to the Contractor shall be delivered to the person who signs the Contract. Either
designated recipient may notify the other, in writing, if someone else is designated to receive
notice.
4.39. Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as
defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease
or installment-purchase agreement in excess of the Category Two amount established by section
287.017 of the Florida Statutes.
4.40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section
946.515(2), F.S. requires the following statement to be included in the solicitation: "It is
expressly understood and agreed that any articles which are the subject of, or required to carry
out, the Contract shall be purchased from the corporation identified under Chapter 946 of the
Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section
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946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or
other business entity carrying out the provisions of the Contract shall be deemed to be substituted
for the agency insofar as dealings with such corporation are concerned." Additional information
about PRIDE and the products it offers is available at http://www.pridefl.com.
4.41. Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S.
requires the following statement to be included in the solicitation: "It is expressly understood and
agreed that any articles that are the subject of, or required to carry out, this contract shall be
purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is
qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same
procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this
contract the person, firm, or other business entity carrying out the provisions of this contract
shall be deemed to be substituted for the State agency insofar as dealings with such qualified
nonprofit agency are concerned." Additional information about the designated nonprofit agency
and the products it offers is available at http://www.respectofflorida.org.
4.42. Modification of Terms. The Contract contains all the terms and conditions agreed upon
by the parties, which terms and conditions shall govern all transactions between the Customer
and the Contractor. The Contract may only be modified or amended upon mutual written
agreement of the Customer and the Contractor. No oral agreements or representations shall be
valid or binding upon the Customer or the Contractor. No alteration or modification of the
Contract terms, including substitution of product, shall be valid or binding against the Customer.
The Contractor may not unilaterally modify the terms of the Contract by affixing additional
terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms,
product literature, "shrink wrap"terms accompanying or affixed to a product, whether written or
electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other
documents forwarded by the Contractor for payment. The Customer's acceptance of product or
processing of documentation on forms furnished by the Contractor for approval or payment shall
not constitute acceptance of the proposed modification to terms and conditions.
4.43. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the
agreement of the Contractor, other entities may be permitted to make purchases at the terms and
conditions contained herein. Non-Customer purchases are independent of the agreement between
Customer and Contractor, and Customer shall not be a party to any transaction between the
Contractor and any other purchaser.
State agencies wishing to make purchases from this agreement are required to follow the
provisions of s. 287.042(l6)(a), F.S. This statute requires the Department of Management
Services to determine that the requestor's use of the contract is cost-effective and in the best
interest of the State.
4.44. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights
under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter
to enforce those rights, nor shall any single or partial exercise of any such right preclude any
other or further exercise thereof or the exercise of any other right.
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4.45. Annual Appropriations. The State's performance and obligation to pay under this
contract are contingent upon an annual appropriation by the Legislature.
4.46. Execution in Counterparts. The Contract may be executed in counterparts, each of
which shall be an original and all of which shall constitute but one and the same instrument.
4.47. Severability. If a court deems any provision of the Contract void or unenforceable, that
provision shall be enforced only to the extent that it is not in violation of law or is not otherwise
unenforceable and all other provisions shall remain in full force and effect.
THIS SPACE INTENTIONALLY LEFT BLANK
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SECTION 5
SPECIAL CONTRACT CONDITIONS
NOTE: SPECIAL CONTRACT CONDITIONS CONTAINED IN SECTION 5.0 WILL
SUPERSEDE AND SUPPLEMENT GENERAL CONTRACT CONDITIONS(PUR 1000)
CONTAINED IN SECTION 4.0.
5.1. Definitions
The definitions found in Rule 60A-1.001, F.A.C. and other sections of this solicitation shall
apply to any contract resulting from this solicitation. The following additional terms are also
defined:
(a). "Acceptance Date" means the date on which Lessee accepts installation of Equipment on
a particular Equipment Schedule upon satisfactory completion of such acceptance tests as
have been agreed to by Lessor and Lessee, which acceptance is evidenced by the
execution and delivery by Lessee of a Certificate of Acceptance.
(b). "Authorized Dealer" ("dealer") means an agent/reseller/dealer/subcontractor authorized
by the Manufacturer or Private Label Distributor, in writing, to provide equipment and/or
services,to State Term Contract customers, under the direct supervision of the
Manufacturer or Private Label Distributor.
(c). "Business Day" shall mean a calendar day, excluding Saturdays, Sundays and all days in
which banking institutions in the State of Florida are closed.
(d). "CMBE"means a Certified Minority Business Enterprise as certified by the State of
Florida Office of Supplier Diversity.
(e). "First Time Fix" is the measurement of a successful service and technical support call. It
is defined by the dealer's or manufacturer's ability to remedy the underlying issue on the
first service call. This measurement shall be that no other service calls are placed for the
same issue within a 90 day period of time.
(f). "Lessee" is any State of Florida Agency or Other Eligible User as defined in Section 3,
which has executed a purchase against the State Term Contract to which these terms and
conditions are a part.
(g). "Lessor" is an awarded Contractor of the State Term Contract to which these terms and
conditions apply.
(h). "Line Item Catalog" means the spreadsheet located within the ARAVO Content
Management Tool used when a punch-out site (see below) is not available or feasible.
(i). "MFMP" means MyFloridaMarketPlace, the State's e-Procurement system.
(j). "MFMP Service Provider" means the third party company operating the State's e-
Procurement system, MyFloridaMarketPlace.
(k). "Ordering Instructions" means the detailed information listed in the ARAVO Content
Management Tool and on the State Term Contract website when a Line Item Catalog is
being used to place orders.
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(I). "Pricing Spreadsheet" shall set forth the quantity, model number, description, serial
number and the price paid by Lessee of each leased item included therein. In addition, the
spreadsheet shall state the lease term applicable to all Equipment included on the
contract. Each pricing spreadsheet shall be deemed to incorporate the terms and
conditions of this state term contract lease provisions.
(m). "Prime Contractor" means the vendor awarded the contract. Throughout this document,
the Prime Contractor may also be referred to as the Vendor and Contractor .
(n). "Punch-out site" means the Contractor owned and maintained web-based electronic
ordering system interfaced with the MFMP web-based electronic ordering system.
(o). "Response Time" means the arrival of a trained service person at the customer's site.
(p). "Service Call" is an on-site technician visit due to machine error or breakdown requiring
the on-site services of an authorized service technician to remedy the error.
(q). "Service Response Time" is the time required to solve a service call beginning from the
time the call is logged with the Successful Vendor until either an Authorized Service
Technician arrives on site or the issue is resolved through the Successful Vendor's phone
support.
(r). "State of Florida Contract Administrator" ("Contract Administrator") means the contact
person(s) listed on the State of Florida's State Term Contract web page.
5.2. Notice to Contractor
The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements
that are applicable to the conduct of its business, including those of Federal, State, and local
agencies having jurisdiction and authority. By way of non-exhaustive example, Chapter 287,
F.S., and Chapter 60A, F.A.C., govern the Contract. By way of further non-exhaustive example,
the Contractor shall comply with section 274A of the Immigration and Nationality Act, the
Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race,
religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of
such laws shall be grounds for Contract termination.
Florida Information Technology Resource Security Policies and Standards- as defined in Rule
60DD-2, F.A.0 and proposed Rule 71A-1 shall apply to this solicitation where necessary.
5.3. Contract Management
Contractor(s) agrees to the following contract management requirements:
(a). Contractor shall designate one of its employees as Contract Manager to act on its behalf
with regard to management of this contract. Contractor shall provide designee's resume
and a brief description of the employee's qualifications. The Contractor may not change
its Contract Manager without providing the Department a replacement and shall submit
written notification no less than ten (10) days prior to change to the State of Florida
contract administrator. This individual will support multiple Customers and shall respond
to calls and/or emails within twenty-four (24) hours. Customer support contact
information shall be provided on the Vendor Information Form. Contractor shall also
provide contact information for the designated employee's supervisor.
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(b). Contractor shall provide toll-free customer service phone support from 8:00 AM to 5:00
PM (for the corresponding service time zone) Monday through Friday, except for State
holidays. TDD (Telecommunication Device for the Deaf) or other suitable support access
must be made available during the above customer service operating hours.
(c). As part of contract management, the Contractor agrees to conduct Business Review
Meetings, which may be held at a date, time and location to be mutually agreed upon,
with the Department. These meetings are to be held one (1) to two (2) times per calendar
year, not more than six months apart, unless additional meetings are necessary due to
Vendor performance and/or compliance issues. The Department encourages Contractors
to identify opportunities to generate lower costs. A continuous improvement effort,
consisting of various ideas to enhance business efficiencies, may be discussed at the
Business Review meetings or as identified. The agenda for the Business Review meetings
will include:
• Contractor performance review
• Contract improvement
• Productivity improvement
• Increasing contract usage among the Eligible Users
• List and description of all service calls and timeframe for resolution
(d). Contractor shall maintain at no additional cost to the State, and in a reasonably accessible
location all records pertaining to its products and services provided to the Department
under this Agreement for a period of five (5) years after expiration of contract. Product
information shall consist of the following minimum activities:
• Contractor shall maintain all MFMP registration information up-to-date and
current.
• Contractor shall establish, maintain (through the ARAVO Content Management
Tool), and update, as product offerings are updated, a list of specific products and
services to be included in a line-item catalog available through the MFMP web-
based procurement system.
• Contractor shall maintain current data on machines Contractor has in place with
State of Florida agencies and OEUs. The data provided shall be as outlined in the
Equipment Summary Report. This report shall include the customer name,
machine model numbers; volume of machines sold or leased, and total dollar
value.
5.4. Contract Reporting Requirements
Required reports for this contract are:
• Monthly fee reporting (and fee payment) via MyFloridaMarketPlace
• Quarterly reports detailing contract usage submitted to the contract administrator via
email as detailed below.
• Other reports (as specified in Section 3) upon contract administrator's request
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5.4.1. Monthly Fee Reporting
Monthly fee reporting is required within the MyFloridaMarketPlace system and, shall include
the total of all sales made to State of Florida agencies and OEUs referencing the contract
number. Fee payments are due by the 15th of the month in which the Consolidated Billing
Invoice (CBI) is generated (per Section 4.14.).
5.4.2. Quarterly Fee Reporting
The Contractor shall be responsible to submit contract spend reports to the Contract Manager
using the (State Term Contract) STC Reporting Form provided by the contract administrator.
The following data must be reported to the Department on a quarterly basis (January, April,
July, and October) for the length of the contract. Report shall include:
• Contractor's Name
• Contractor's Contract Administrator contact information
• Contractor's contact information for the individual who compiled the report
• Reporting Period (State of Florida utilizes standard fiscal quarters; Q1 (July — Sept),
Q2 (Oct—Dec), Q3 (Jan—Mar), Q4 (Apr- Jun)
• Total dollar value of purchases and leases per quarter separated by State Agency and
Eligible User totals, and separated by purchase order and p-card order total dollar
values.
• Total quarter dollar volumes purchase order, p-card order and cumulative total.
• Total spend with certified and non-certified woman/minority/service-disabled veteran
owned business enterprises ("WMVBE") directly related to transactions under this
contract. Reports shall include the :
o period covered,
o vendor name,
o State of Florida minority vendor code,
o Federal Employer Identification Number (FEIN) of each WMVBE utilized
during the reporting period,
o commodities and services provided by the WMVBE,
o amount paid to each minority agent/dealer on behalf of each purchasing
agency or Eligible User ordering under the terms of this contract
A sample report form shall be made available on the State Term Contract web site, and will
be made available on the State of Florida State Term Contract web page.
Failure to provide quarterly reports within thirty (30) calendar days following the end of
each quarter(October, January,April, and July) may result in the Contractor being found
in default and cancellation of the contract by the Department.
Submission of the quarterly sales reports are the responsibility of the Contractor without
prompting or notification by the Department. The Contractor shall submit the completed
quarterly reports by email to the administrator of the resulting contract.
5.5. Method of Payment/Purchasing Card Program (P-Card)
The method of payment for this Contract is a Customer purchase order, check or government
credit card.
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RFP 20-600-000-Q 54
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The State of Florida has implemented a purchasing card ("P-Card") program, which at the time
of this contract solicitation, uses the Visa platform. Vendors may receive payment from State
agencies by the State's Purchasing Card in the same manner as any other credit card purchases.
P-Card acceptance for purchases and leases is a mandatory requirement for this solicitation, but
is not the exclusive method of payment.
If the State changes its P-Card platform during the term of Contract resulting from this RFP, the
Contractor shall make any necessary changes to accommodate the State's new P-Card platform
within 30 days of notification of such change.
5.6. Product Availability and Restrictions
Equipment available to customers shall be new equipment only. It is anticipated that as
equipment offered within the solicitation response is no longer produced and is considered to be
end-of-life, the Contractor will provide replacements for said equipment at the discount level
corresponding to the replacement's category level.
5.7. Delivery and Installation Requirements
Unit prices shall include delivery to the ordering Customer, F.O.B. destination, freight prepaid,
delivery, uncrating, assembly, installation, making ready for use, removal of debris and
instruction of Customer personnel. No other fees or charges will be paid by the Customer.
Product shall be delivered within thirty (30) days after receipt of order. Contractor shall notify
the Customer at least forty-eight (48) hours in advance of delivery so that necessary
arrangements can be made. Contractor shall be responsible for any damages to building or
individuals as a result of delivery and installation. If equipment ordered cannot be delivered with
the 30 days, the customer must be given and order status updated, either verbally or via email, on
a weekly basis.
5.8. Instructions and Maintenance Manual
At the time of the delivery, the Contractor or Reseller shall be required to furnish the Customer
at least one (1) instruction manual and one (1) maintenance manual for each system ordered.
Bulletins, revisions, and corrections shall be provided for each system purchased, as they are
issued by the manufacturer. Each instruction and maintenance manual shall contain definitions
of terms, definition of equipment, equipment capabilities, technical descriptions of equipment
operations, description of malfunction identifications, trouble shooting procedures and detailed
schematic and use instructions.
5.9. Warranty
Contractor shall fully warrant all items furnished from this solicitation against defects in
materials and workmanship for a minimum period of ninety (90) days from date the equipment is
accepted by the Customer. Acceptance is defined as when the product is installed, in good
working order, made operational in accordance with standard specifications, and on-site training
is completed. A signed and dated certificate of acceptance may be provided to the vendor by the
customer. The 90 day warranty shall be on-site, parts and labor, next business day support and
included in the product purchase price. The warranty shall cover material, labor and
transportation charges, if any. Warranty for software includes any upgrades thereto during the
warranty period. Warranties of less than ninety (90) days will not be accepted or considered and
may render a Respondent non-responsive.
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Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
All products must operate in accordance with the manufacturer's standard specifications and
documentation. Should any defects in workmanship or materials, appear during the warranty
period, the Contractor shall repair or replace such items immediately upon receipt of notice from
the Customer at no additional expense.
5.10. Equipment Reliability/Non-Performance
Awarded contractor is required to provide satisfactory service levels at all times. Degraded
performance and/or excessive equipment down time shall not be acceptable. Excessive
equipment down time is defined as two (2) or more service calls over a one (1) month period for
non-routine equipment wear and tear related issues or repeated repairs to the same piece of
equipment. Should a piece of equipment (a) continue to malfunction during the warranty period
after repeated service calls, (b) require excessive amount of remedial maintenance, or (c) in the
opinion of the Customer is not providing satisfactory performance after five (5) service calls, the
Contractor, after receiving notice in writing by the Customer that such a situation exists, agrees
to remove and/or replace the defective unit (Customer's choice) within five (5) business days of
such notice at no cost to the Customer. If the Customer requests removal of leased equipment,
contractor will cancel the lease effective immediately with no additional payments due from
Customer. Replaced units shall be new and as per the original specifications or better if original
unit is no longer available.
Failure to comply with above requirements may result in the contract supplier being found in
default and unilateral cancellation of the contract by the State.
5.11. Factory Service Requirements
The Respondent agrees to maintain at least one factory-authorized service station and/or
servicing dealer within the State of Florida to perform warranty repairs and adjustments
throughout the Contract Term. Respondent must update the ordering instructions form
throughout the Contract Term as needed. The Contractor shall promptly notify the Department of
any changes thereto, however the Parties expressly agree that changes to the Service
Representative List are not Contract Amendments and do not require a formal written agreement.
This arrangement shall not relieve the Contractor of its duty to maintain at least one (1)
authorized service location within the State of Florida.
The Contractor may offer the State Agencies and Eligible Users "after warranty" service
agreements for the maintenance and repair of goods after the initial warranty expires. The
Contractor shall provide pricing for this additional service as a separate item on the pricing
spreadsheets.
5.12. Security and Confidentiality
Contractors, providers, and partners employed by agencies or acting on behalf of agencies shall
comply with the rule, guidelines, agency security policies, and employ adequate security
measures to protect agency information, applications, data, resources, and services.
ContractorsNendors are required to notify the customer/agency within 24 hours of a suspected
or confirmed data breach.
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RFP 20-600-000-Q 56
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
5.13. Purchase and Lease Provisions
Customers will be authorized to purchase or lease equipment by issuance of a purchase order
referencing the contract number. The manufacturer's lease or service agreement form will not be
used since the contract resulting from this RFP and the purchase order will constitute the
complete agreement.
Note: Should the Contractor present and customer sign, a contract and/or service agreement,
that document shall be void and non-binding.
All State Agencies are required to receive pre-approval from the Department of Financial
Services PRIOR TO entering into a lease in excess of the annual Category Two threshold
(currently $25,000). No lease shall exceed 5 years. All State agencies are urged to review the
Chief Financial Officer's latest memorandum addressing leases and deferred-payment purchases
of equipment when considering the leasing or purchasing of equipment.
5.13.1. Leases
Lease prices shall remain firm throughout the lease period selected by the Lessee. Lease
agreements shall be effective on the first day following the executed Certificate of
Acceptance. No interim rent or interim term may be charged under any circumstances.
The date of acceptance is that date listed on the Certificate of Acceptance Form after
equipment has been installed, tested and Customer trained. Leases shall only be executed
under this Contract if the Contractor is the Lessor. No third party lease agreements are
acceptable. Maintenance/Service and Supplies plan must be must be obtained for the
duration of the original lease term.
Available Lease Periods:
2-Year Lease: A consecutive twenty-four (24) month equipment plan (not a lease
purchase plan) which shall expire at the end of twenty-four (24) month period. No
termination notice shall be required by either party at end of lease.
3-Year Lease: A consecutive thirty-six (36) month equipment plan (not a lease purchase
plan) which shall expire at the end of the thirty-six (36) month period. No termination
notice shall be required by either party at end of lease.
4-Year Lease: A consecutive forty-eight (48) month equipment plan (not a lease purchase
plan) which shall expire at the end of the forty-eight (48) month period. No termination
notice shall be required by either party at end of lease.
Maintenance shall include full service including preventive maintenance, all service calls,
travel, loaner equipment and no charge replacement of all defective or worn parts and
machines. [Reminder: cost for maintenance agreement shall be included in the monthly
lease price, but shown separately for informational purposes as maintenance agreement
pricing is used when calculating a lease total cost analysis.]
5.13.2. Expiration of Lease
Lease agreements shall expire upon completion of the specified lease period and shall not
be automatically renewed for a new lease period. The customer, within 30 days of lease
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expiration, shall make arrangements with the lessor to either have the equipment picked
up upon lease end or notify lessor of intent to renew. A Customer's failure to notify the
lessor of the intent to terminate does not constitute intent to renew.
All leased equipment not renewed shall be removed from customer's location within ten
(10) days after expiration of lease at contractor's expense. Leases may be renewed under
a maintenance plan if the five (5) year combined lease term has not been reached. All
equipment removal shall be coordinated with customer.
5.13.3. Renewal of Lease
Lease renewals are permitted under this contract for the same equipment used during the
original lease term. The combined time frame of the original lease term and the lease
renewal shall not exceed 5 years. Pricing for lease renewals shall be the option selected
pricing provided in the Maintenance Service and Supplies spreadsheet for the appropriate
leased machine segment.
5.13.4. State of Florida Consolidated Equipment Financing Program
(CEFP)/Purchases
Unless specifically exempted by the Department of Financial Services, all state agencies'
deferred-payment purchases shall be acquired through the consolidated equipment
financing program. For further details, go to
http://www.myfloridacfo.com/aadir/statewide financial reporting/index.htm.
*Note: this financing is also available to state universities and state community colleges.
5.13.5. Lease Approval Checklist
Prior to entering into a lease in excess of the annual Category Two threshold (currently
$25,000), State Agencies must submit a completed "Checklist for Requesting Department
of Financial Services Approval to Lease Equipment (ref. Section 287.063, F.S.)" to the
Department of Financial Services for preapproval. This form is located at:
http://www.myfloridacfo.com/aadir/statewide financial reporting/index.htm.
5.13.6. Lease Cancellation for Convenience
Lease agreements may be canceled at any time during the lease agreement period by the
lessee. A thirty (30) day cancellation notice, in writing, will be required of the lessee. All
money due the lessor(excluding maintenance and supplies costs) for the remainder of the
lease agreement period will be due and payable upon completion of the equipment
removal, except in documented cases of non-performance by the contractor or non-
appropriations. Upon cancellation without cause of a lease agreement by the lessee, the
equipment will be returned to the lessor with transportation at the lessee's expense
(including removal charges, if applicable).
5.13.7 Lease Cancellation Due To Non-Performance
The initial lease agreement may be cancelled at any time during the lease period for
contractor or equipment non-performance (as outlined in section 5, Special Conditions,
and section 6, Technical Specifications). If the lessee requests removal of leased
equipment, lessor will cancel the lease effective immediately with no additional payments
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due from customer. Equipment will be removed from lessee site within ten (10) days of
such written notice at no cost to the lessee.
5.14. Standard Support Levels
Contractors shall provide the following standard levels of support under the Contract:
• Inside delivery and Dealer set-up and installation at no cost to the customer;
• Minimum 90-day warranty for parts coverage and support;
• Maximum two (2) business days repair time, or replace with comparable equipment
(replace with new equipment during the warranty period) (see Service Level Agreement);
• Toll-free telephone support and information;
• (Minimum: Business days 8:00 a.m. to 5:00 p.m., within corresponding time zone);
• Service response time minimum of 24 hours after receipt of problem call;
• Access to all software or firmware updates installed or bundled with the product for the
term of the full warranty;
• 30-day money back guarantee, return to vendor, with no restocking fee or comparable
charge;
• Standard End-User Training;
5.15. Optional Support Levels
Optional Support that may be offered includes, but is not limited to:
• Warranty upgrades may be purchased at time of purchase or any time afterwards during
the product life cycle;
• Warranty service response upgrades; e.g., on site, 4 hour response, or next business day;
• Extended End-User Training
Optional support levels resulting in increased cost to Customers shall be clearly and separately
identified on the Contractor's authorized product and price list submitted on the pricing
spreadsheets. Integrated components shall carry the same support level and warranty provisions
as the system. By way of non-exclusive example, paper feed units, data security kits, finishers,
network/fax boards, hard drives, and large capacity trays. Customers shall not be required to
purchase maintenance from Contractor and may enter into separate agreements for maintenance
and support with entities other than Contractor.
5.16. Service and Response
Awarded contractor shall respond to all service calls within twenty-four (24) hours after
notification. Standard business hours are defined as Monday through Friday, 8:00 AM — 5:00
PM, excluding Saturdays, Sundays and nationally and state observed holidays. For the purposes
of the contract resulting from this bid, response time shall mean the arrival of a trained service
person at the user's site. A telephone call, unless it results in solving the problem, shall not be
deemed an acceptable service response. Repeated failure to provide service to all specified areas
within the contracted time will result in the removal of the contractor from the contract.
An equivalent loaner piece of equipment with similar specifications must be provided, at no
additional charge if the equipment cannot be repaired within two (2) work days of request for
service. The invoice for lease or maintenance will be reduced by one-thirtieth (1/30) of the
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Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
monthly base charge for each day that the equipment is inoperable and there is no loaner
available beginning after the expiration of the (2) work days.
Contractor shall utilize only genuine or factory authorized replacement parts for repair of
equipment. Under no circumstances will the Customer deliver or mail equipment to the
contractor for repair. In responding to the solicitation, the Respondent certifies replacement
parts will be available for five (5) years and each of the designated dealers is aware of and agrees
to conform to all terms and conditions of this solicitation and resulting contract. Repair parts
must be stocked at all service locations. Downtime in excess of four(4) work days may be cause
for default.
Customers shall have the option to upgrade service response times for the entire lease term or on
a per call basis at a published rate provided with solicitation response.
Vendors may offer Service exchange (equipment replaced with new machine of equal or better
performance) in lieu of on-site service at the customer's preference.
In the event a designated dealer is non-responsive under a resulting contract, State Purchasing
reserves the right to remove such designated dealer. If this occurs, the contract supplier shall
designate an authorized replacement dealer within thirty (30) days of written notification by
State Purchasing. Such action shall in no way relieve the contract supplier from liability and the
obligation to fulfill the terms and conditions of the contract. Failure to comply shall be
considered a default of the contract.
5.17. Maintenance Plans
Maintenance Plans shall be available for current contract equipment and for pre-contract (legacy)
purchased equipment. In addition to the requirements listed within the Standard Support Levels
(Section 5.13) maintenance plans for each submitted unit shall include, at a minimum, the
following:
• Imprint supplies (toner/non-toner);
• Replaceable parts subject to wear over time (drums, fusers, etc. as applicable);
• Staples (if used by machine and stapling accessory is installed);
• Preventative maintenance service calls as recommended by the manufacturer;
5.17.2. Maintenance and Service of Leased Equipment
Contractor certifies acceptance of the following guarantees on leased units:
• All broken or defective parts not caused by neglect, misuse, or abuse and all
necessary machine adjustments occasioned by such defective or broken parts will
be covered by the Contractor during the term of the lease.
• The Contractor agrees to promptly repair or replace on a one for one basis without
additional cost to the ordering entity.
• Contractor will be responsible for pick up and/or delivery of units that require
service. If the required service cannot be completed within two (2) business days,
the Contractor will provide an equivalent loaner piece of equipment to entity, at
no additional charge.
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• While equipment is under a lease agreement, all rate changes and software
updates shall be included.
5.18. Relocation and Moving of Leased Equipment
Customer shall notify Contractor any time leased equipment is relocated to another physical
street address. Relocation of leased equipment within the same building shall be performed by
the Contractor at no charge. Relocation within the same complex shall be done at no charge
unless equipment must be trucked to another building and then the submitted relocation charge is
allowed and payable under this contract if a truck is necessary. For more complex relocation
needs, Contractors shall submit prices estimates to the customer prior to any movement of the
equipment.
5.19. Contractor's State Contract Webpage
The Contract resulting from this solicitation will become a public document. DMS maintains a
website used to display State Term Contracts and product information to eligible users and other
interested entities.
The Awardee(s) shall, within thirty (30) days after the date of award listed on the Certification of
Contract document, develop and maintain their own State of Florida web page to post approved
and required Contract information, which shall include pricing, percentage discounts, terms,
catalogs, ordering instructions, descriptive information, list of products that meet the State of
Florida's approved green product labels / standards, and product pictures. The State Contract
web page must maintain compatibility with the browser software being used by DMS, currently
Internet Explorer 7.0. Contractor is responsible for any and all costs associated with providing
this information to the State.
The web site must have the following required items:
• Accurate Contract pricing and equipment;
• Detailed item descriptions, model numbers, standard inclusions, optional accessories;
• Information to access product literature of awarded items, including photos of awarded
products;
• Additional links to access technical product literature of awarded items;
• Authorized servicing dealers with current contact information;
• Maintenance options
• Contract authorized value-added services
• List of products that meet the State of Florida's approved green product labels /
standards;
• The Universal Resource Locator (URL) for the Vendor's State Contract web page must
be supplied to the Contract Administrator within 30 days of Contract award.
Continued disruption of service or inadequate access may be grounds for termination and
removal from the Contract, subject to Section 4.23.
Contractors should note that the US Federal Trade Commission's Guides to the Use of
Environmental Marketing Claims (Green Guides) regulate how companies label and advertise
using environmental claims / terms (available at
http://www.ftc.gov/bcp/grnrule/guides980427.htm) 16 C.F.R. Part 260 for details. It is the Prime
Contractor's responsibility to accurately identify their products that meet the State of Florida's
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approved green product labels / standards (e.g., Energy Star, Green Seal) in their electronic
catalog, punch-out site and on State Contract web page. For Florida approved green product
labels / standards please see the State of Florida's Climate Friendly Preferred Products List
(excel spreadsheet link). Failure to accurately represent green products may be cause for
termination upon notice by the Department.
5.20. Contract Revisions
Though Contractors are responsible for maintaining their own contract information through their
State Contract Web Page, any product updates to the originally approved equipment must be
approved by the contract Administrator prior to being offered to Contract Customers. Product
detail, options, and pricing must be submitted on the appropriate segment price sheet with any
request to products. Changes to ordering instructions and servicing/dealers list must be submitted
to the contract administrator prior to implementation. Upon review of the Contractor's state
contract web page, should unauthorized information be discovered within the site, the contract
link may be immediately suspended until the information is appropriately revised or the contract
canceled due to non-compliance.
5.21. Electronic Invoicing/Billing
Equipment purchased on this State Term Contract shall be DIRECT BILLED BY THE
CONTRACTOR OR AUTHORIZED DEALER. The Contractor must provide in-house
financing. Third party billing providers/finance companies shall not be authorized for use.
Contractors must offer at a Customer's request, various payment terms. The terms for the
reconciliation may be monthly, bi-monthly or quarterly. Billing terms must be clearly specified
on the Customer's purchase order.
State Agencies shall be electronically billed through the MyFloridaMarketPlace (MFMP) system
wherever able (see MFMP Invoicing Requirements). All other Eligible Users should be
electronically direct billed whenever possible.
At a minimum, each leasing invoice shall provide the following information:
• Customer name;
• Service order/P.O. numbers for equipment being billed;
• Serial numbers equipment billed
• Account numbers
• Bill date
• Billing term
• Bill remittance address
• Begin and End counts used for billing
• In cases of fleet aggregate billing, invoice shall include total count reported by customer
• Overage counts (if any)
• CPC overage charge
• Adjustments (detailed information on all adjustments within the bill must be provided)
• Sub-total of current charges
• Net amount due
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At a minimum, invoices for equipment purchases and maintenance plans shall provide the
following information:
• Customer name
• Service order/P.O. numbers for equipment being billed
• Serial numbers of equipment billed
• Account numbers
• Bill date
• Install date (purchase)/billing term (maintenance plan)
• Remittance address
• Net amount due
All invoices shall have a due date of no less than 30 days from the invoice creation date and,
must be received by the customer within 7 days of the invoice creation date.
For electronic invoicing, before orders may be completed and invoicing from contractors or sub-
contractors may begin, a test must be successfully conducted using the billing data transmitted
from the contractor or sub-contractor to create an end-user invoice.
Over the life of the contract, changes to billing formats or data elements required by the State
may occur. Contractors and sub-contractors will be required to adhere to these changes for all
billing purposes.
5.22. Payments
Payment for equipment will be processed upon the satisfactory completion of delivery,
installation, training, acceptance, and correct invoicing. Per Section 4.15 (PUR 1000), payment
shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which
govern time limits for payment of invoices.
5.23. Taxes and Other Fees
Relocation charges shall be listed as a flat rate per machine.
Contractor and, all servicing dealers shall not charge any additional fees, including but not
limited to, property taxes, delivery charges, pick-up charges, fuel surcharges, etc.
5.24. Requests for Quotes
Although not required for the State Term Contract resulting from this RFP, CUSTOMERS MAY
COMPETITIVELY SET THE PRICE FOR ANY PURCHASE BY INITIATING A REQUEST
FOR QUOTES ("RFQ") among the awardees within a Category. An RFQ is an oral or written
request for written pricing or service information from a Contractor, for products available under
the Contract from the Contractor. When the RFQ process is used, Customers should create and
maintain written records of oral and written requests, and written quotes received. Where the
RFQ process is used, quotes should be in writing but otherwise informal, and need not be
received or posted publicly or at a particular time or place.
The RFQ process is not mandatory under this Contract but may be used solely at the Customer's
discretion. Customers are encouraged to seek, and awarded vendors to provide, greater discounts
for volume orders.
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5.25. Leased Equipment Risk of Loss/Equipment Insurance
The (Lessee) shall be relieved from property risks including: loss or damage to all Leased
Item(s) during the periods of transportation, installation, and the Lease Term except when loss or
damage is due to the negligent acts of the Lessee.
It is the responsibility of the Contractor to insure all leased equipment.
• In cases of loss during the original lease term, the Lessee shall provide the Contractor
with a copy of the filed police report, via certified mail, within 5 business days of
receiving the police report.
• In cases of damage during the original lease term, the Lessee shall provide the Contractor
with pictures of the damage and a certified letter detailing the damage to the equipment
dated within 5 business days of the damage occurring or being discovered. The
Contractor shall remove the damaged equipment from the Lessee's location within 10
business days of receiving the certified letter.
• In cases of damage due to negligent acts by the Lessee during the original lease term, the
Lessee shall provide the Contractor with pictures of the damage a certified letter detailing
the damage to the equipment dated within 5 business days of the damage occurring or
being discovered, and shall pay the balance due on the lease, less service and supplies, to
the Contractor within 30 days of receiving an accurate invoice for the balance. The
Contractor shall remove the damaged equipment from the Lessee's location within 10
business days of receiving the certified letter.
5.26. Price Discount Levels
At no time during the contract period may the discount be reduced. The discount percentages
shall not be decreased (e.g. 65% -> 60%) during the term of this contract; however, discounts
from SRP may be increased (e.g. 60% to 65%) during the term of the contract by the Awarded
Vendors. The Contract Administrator must be notified of any such increase in discount and
updated price sheets submitted for posting. Vendors are encouraged to offer additional discounts
for promotional offers and/or large/fleet orders. Promotional offers must be submitted to the
contract administrator for approval prior to being offered to customers. Approved promotional
offers shall be posted on the STC web site.
After a twelve (12) month period,justifiable requests for a price decreases may be requested by
DMS. Minimum price decreases shall be based upon the Producer Price Index (PPI) (for that
specific industry) as published by the U.S. Bureau of Labor Statistics
The last published non-preliminary Producer Price Index for the month prior to
award/anniversary date of the contract will be the baseline for the beginning (old) PPI Index.
The most recent published Producer Price Index prior to the contract year to be priced will
establish the reference data for the new PPI Index.
The last published non-preliminary Producer Price Index for the month prior to
award/anniversary date of the contract will be the reference date for the beginning (old) PPI
Index. The most recent published Producer Price Index prior to the contract year to be priced
will establish the reference data for the New PPI Index.
As an example: the price de-escalation formula would be tied to the change in the commodity for
Office Machinery Manufacturing, PPI Series ID PCU333313333313. The formula is calculated
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by dividing the New PPI Index by the Old PPI Index to identify the Price De-escalation Rate.
The Old Discount is divided by the Price Escalation Rate to determine the New Discount. This
formula may be applied after Year 1 of the contract and on each subsequent anniversary of the
contract effective date.
Details on how this PPI has historically performed can be found at the Bureau of Labor Statistics
web site and following the below steps:
• Go to BLS website: http://www.bls.gov/ppi/
• Click on the PPI Databases link
• Select Industry Data (One Screen)
• Box 1: Type "333313" in the "Select an Industry" box for the Office Machinery Mfg.
category and hit the adjacent"Find" button.
• Box 2: Select "333313333313" for Office Machinery Mfg in the "Select One or More
Products" box and hit the adjacent "Find" button
• Box 3: Click the "Add to Your Selection" button and then the "Get Data" button.
• A table similar to the one shown below will be created.
Series Id: PCU333313333313
Industry: Office machinery manufacturing
Product: Office machinery manufacturing
Base Date: 198506
Year Jan . Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual
2000 120.5 120.5 120.5 120.6 120.6 120.4 120.7 120.7 120.7 120.7 120.7 120.1 120.6
2001 121.9 122.3 122.3 122.3 122.3 122.3 122.3 . 122.3 122.3 122.4 122.4 122.4 122.3
2002 122.5 122.5 122.5 122.5 123.3 123.3 123.3 123.3 123.3 123.2 123.2 123.1 123.0
2003 123.1 123.1 123.1 123.7 123.7 123.7 123.7 123.7 123.7 123.7 123.7 123.7 123.6
2004 123.7 123.6 123.8 125.5 125.6 125.6 125.6 125.6 125.6 125.6 125.4 125.4 125.1
2005 129.3 '' 129.7 129.7 129.7 129.7' 129.7 129.7 129.7 129.5 129.2 129.4 129.4 129.5
2006 129.4 129.4 127.8 127.7 127.7 127.7 127.8 127.8 127.8 127.7 125.2 125.1 127.6
2007 125.2 125.5 125.5 125.6 125.7 125.9 126.0 126.0 126.0 126.1 126.4 126.4 125.9
2008 126.8 126.9 127.2 127.6 128.5 128.5 129.1 129.6 129.6 130.1 130.1 130.1 128.7
2009 130.4 130.4 130.5 129.8 129.8 130.6 131.0 131.2 131.2 131.4 131.7 131.5 130.9
(P) (P) (P)
2010 132.2 132.0
(P) (P)
P:Preliminary.All indexes are subject to revision four months after original publication.
Calculation Example:
In this example, Feb 2006 is the first year anniversary of the contract. Therefore,
Old PPI: Jan 2006 PPI for Computer Printers= 129.4
New PPI: Jan 2007 PPI for Computer Printers= 125.5
Price De-escalation Formula:
New PPI /Old PPI = Price De-escalation Rate (rounded to four decimal points)
"Old Price Discount %" ± "Price De-escalation Rate" = New Price Discount % (rounded to two
decimal points)
Calculation:
125.5 ± 129.4 = .9699 which equates to a Price De-escalation Rate of 96.99%
50%- 96.99%= 51% (New Price Discount Percent)
• •
RFP 20-600-000-Q 65
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
Any decreases negotiated during the term of the contract shall become effective no later than
thirty (30) days after approval of the request.
5.27. Benchmark Report/Competitive Price Assurance
Upon request, to ensure the State continues to receive competitive market pricing, Contractor(s)
shall report to the Department the following benchmark data:
• The benchmark data will compare the State's rates against rates contractually provided to
other states and enterprises by the contractor, with attention given to a similar mix of
products and services associated with other such contracts.
• The benchmark will emphasize those rates negotiated within the most recent twelve (12)
months.
• The benchmark will be made for those services that represent the State's most significant
purchase volumes.
• The benchmark will compare the State's rates against the best rates found in the industry
(i.e., the top 10%) within the United States.
• Should it be found that the State's pricing is higher than the market benchmark, the
Contractor shall unilaterally reduce the State's pricing, charges and/or discounts, as
appropriate, to make the State's rates comparable to the benchmarked best rates. Any
adjustments shall be made available to the Customers within thirty (30) days of notification
of findings.
5.28. Additional Hardware and Services
Contractors may offer and the State may purchase equipment, systems or services as detailed on
the Pricing Spreadsheets. When additional equipment, systems or services are proposed, a State
Term Contract Product Change Form must be submitted to the Department for approval.
THE STATE OF FLORIDA CONTRACT ADMINISTRATOR M_ UST APPROVE
ANY REPLACEMENT OR ADDITION OF EQUIPMENT, ACCESSORIES,
SOFTWARE, OR SERVICES PRIOR TO ADDITION TO THE CONTRACT.
Percentage discounts for equipment, accessories and software must be consistent for each
machine proposed. For example, if a 50% discount (off SRP) is proposed within a category, then
the same percentage should apply to all types and models of equipment (including replacement
models and services) available within that category (or minimally within that sub-category).
The ability to add equipment and services at a pre-determined (discounted) price is for the
convenience and benefit of the Customer. The intent of this option is to promote "one-stop
shopping" for the customer and to facilitate normal growth within the industry.
The Department reserves the right to prohibit the sale of any and all additional products and
services outside the scope of this RFP. Abuse of this additional hardware, software, and services
option to complete transactions for unauthorized commodities or services may be prosecuted
under s. 858.22 F.S. or other applicable laws.
5.29. Installation and Environmental Requirements
Prior to order acceptance, Successful Vendor must advise Customer of any and all specialized
installation and environmental Customer site requirements for the delivery and installation of
contract equipment. This information should include,but is not limited to the following:
• •
RFP 20-600-000-Q 66
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
• Air conditioning;
• Electrical requirements;
• Special grounding;
• Cabling requirements;
• Space requirements;
• Humidity and temperature limits, and;
• Any other considerations critical to the installation.
5.30. Insurance requirements
Within ten (10) calendar days after date of award on certification of contract document,
contractor shall provide the Department with a certificate of insurance. During the contract term,
the contractor at its sole expense shall provide commercial insurance of such a type and with
such terms and limits as may be reasonably associated with the contract, which, as a minimum,
shall be: workers' compensation and employer's liability insurance per Florida statutory limits
(currently $100,000 per accident, $100,000 per person, and $500,000 policy aggregate) covering
all employees engaged in any contract work; commercial general liability coverage on an
occurrence basis in the minimum amount of $500,000 (defense cost shall be in excess of the
limit of liability), naming the department as an additional insured; and automobile liability
insurance covering all vehicles, owned or otherwise, used in the contract work, with minimum
combined limits of $500,000, including hired and non-owned liability, and $5,000 medical
payment. Providing and maintaining adequate insurance coverage is a material obligation of the
contractor and is of the essence of the contract. The contract shall not limit the types of
insurance contractor may desire to obtain or be required to obtain by law. The limits of coverage
under each policy maintained by the contractor shall not be interpreted as limiting the
contractor's liability and obligations under the contract. All insurance policies shall be through
insurers authorized to write policies in Florida.
5.31. Return of Product
Any equipment delivered in poor condition, items delivered in excess of the amount authorized
by the requisition form, or items not included on the requisition form or purchase order may, at
the discretion of the Purchasers, will be returned to the Vendor at the Vendor's expense within
30 days. Credit for returned goods shall be made immediately after Vendor receives returned
goods.
If any product is returned to a Vendor for Failure to Perform, the Vendor will, at the State's
discretion, refund all amounts paid to the Vendor for such product or replace the product, and
the following shall apply:
• Within twenty (20) days of written notification by the Purchaser, the Vendor will make
arrangements for the return of the product.
• The Vendor will bear all shipping and insurance costs.
• Vendor will be liable for damages to the product, unless caused by fault or negligence
of the Purchaser that occur during the return process.
• •
RFP 20-600-000-Q 67
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
5.32. Survivability
Product placements made using the authority provided by this Contract will survive the Contract
itself. Those Customers purchasing, or leasing the equipment will continue to receive ongoing
service from the Successful Vendor at the agreed upon Contract rate through the term of their
placement contract agreement. The Contract terms and conditions will survive the authorizing
contract through that final term and any subsequent renewals and extensions.
Those Customers purchasing equipment will receive ongoing service from the Successful
Vendor at the agreed upon Contract rate until the expiration of the Lease/Service Contract.
5.33. End of Life
State Agencies and other eligible users are required to take active measures to securely sanitize
or destroy the hard drive of the device prior to release to contractor.
Management of Equipment at end of life will be the responsibility of the Contractor. The end-of-
life management program included in Respondent's Response must include the following:
• A historic commitment to end-of-life management of Equipment after consumer use
• Parts reuse and materials recycling systems
• A packaging return system
• An equipment take-back program
• Hard drive buy-out option
5.34. Electrical Connections, Surge Protectors and Telephone Lines
It is recommended that all purchased and leased machines are connected to an external surge
protector to protect their telephone, network and electronic components; this is in addition to any
internal surge protector. Customers are not required to obtain surge protectors from the
equipment vendor as at the time of solicitation surge protectors are available via STC 250-000-
09-1.
5.35. Special Discounts/Promotions
Respondents are requested to quote any special discounts or promotions offered for equipment
whose end use is restricted (educational discounts etc.). Bidders should include full details on all
required qualifications for the special discounts as well as the duration.
5.36. Quantity Discount
Respondent may enter quantity discounts in the space provided in the price sheet or if space is
insufficient, bidder may insert an additional tab listing such prices.
5.37. Trade-Ins
The State reserves the right to offer used equipment in trade as part of the purchase price, in
accordance with values in effect at the time the item is traded. Trade-in equipment is represented
by the State "as is" and expresses no warranty as to its condition. In the event that no trade-in
allowance is offered or the allowance has not been accepted, the State reserves the right to retain
possession of the equipment at the option of the agency. Equipment for trade-in shall be picked
up by the contractor at the point indicated in the agency's purchase order and shall be removed at
contractor's expense.
• ■
RFP 20-600-000-Q 68
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
5.38. Environmental Performance Commitments and Past Record
Vendors must demonstrate strong environmental performance records and operate responsibly
socially and economically by providing a description of the following:
• Vendor's environmental performance plan and goals, including an existing pollution
prevention plan and environmental justice policy; and
• ISO 14001 certification or other environmental management systems or processes
currently adopted and in operation.
All machines are required to operate satisfactorily using Recycled Content Paper.
5.39. State Funds
In accordance with Section 216.347, F.S., and as provided herein, the service provider or
contractor may not expend any state funds for the purpose of lobbying the legislature, the judicial
branch,the executive branch, or any state agency.
■
•
RFP 20-600-000-Q 69
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
SECTION 6
TECHNICAL SPECIFICATIONS
6.1. Definitions
The definitions found in Rule 60A-1.001, F.A.C., and other sections of this solicitation shall
apply to any contract resulting from this solicitation.
(a). "Copier": A walk-up unit whose sole function is to produce reproductions of
documents placed on its glass plates; is not capable of performing faxing, print job or
scanning to file functions.
(b). "Copier-based MFP" means a machine whose base unit is a copier which has been
enhanced to perform faxing,print job, scan to file functions, and can be networked.
(c). "Printer" means a machine which is not capable of performing copying, faxing, or
scanning functions; only produces printouts.
(d). "Printer-based MFP" means a machine whose base unit is a printer which has been
enhanced to perform scanning, faxing and copying functions.
6.2. Products
The State of Florida is providing vendors with the opportunity to propose all available business
class products which fall into the Categories listed below.
• Category 1: Copier-based MFPs (Monochrome, Hybrid; 8 V2 x 11 - 11 x 17)
o Segment 2: 21-30 cpm
o Segment 3: 31-40 cpm
o Segment 4: 41-69 cpm
• Segment 4.1: 41-50 cpm
• Segment 4.2: 51-60 cpm
• Segment 4.3: 61-69 cpm
o Segment 5: 70-90 cpm
• Segment 5.1: 70-80 cpm
• Segment 5.2: 81-90 cpm
o Segment 6: 91 cpm and higher
• Segment 6.1: 91-100 cpm
• Segment 6.2: 101-110 cpm
• Segment 6.3: 111+ cpm
• Category 2: Printer-based MFPs (Monochrome, Hybrid; 8 '/2 x 11 - 11x17 desired) with
duty cycle (ppm)ranges of:)
o Small Workgroup: 20,000–49,999
o Medium Workgroup: 50,000–99,999
o Large Workgroup: 100,000+
e—Deal
• Category 3: Printers (Monochrome, Color, Hybrid; 8 '/2 x 11 - 11x17 desired) with duty
cycle (ppm) ranges of:
o Small Workgroup: 20,000–49,999
•
RFP 20-600-000-Q 70
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
o Medium Workgroup: 50,000—99,999
o Large Workgroup: 100,000+
• Category 4: Workgroup and Network Sheet Fed Scanners (Monochrome, Color)
o Desktop Workgroup: 16-30 ppm
o Departmental: 31-50 ppm
o Low-volume Production: 51-75 ppm
o Mid-volume Production: 65-100 ppm
o High-volume Production: 100 ppm and higher
(Segments above are as listed within the BLI Buying Guide for Document Scanners)
• Category 5: Plain Paper Facsimile Machines
o Low Volume: .5MB of memory (often upgradeable and 200 sheets or less paper
capacity(standard configuration)
o Mid Volume: Memory ranging from .5MB to 1MB and 201-499 sheet paper
capacity(standard configuration)
o High Volume: Memory of 1 MB+ and 500+ sheet paper capacity (standard
configuration)
6.3. Acceptable Equipment
Primary bids for the PURCHASE of the following shall be for new equipment only.
• multifunction products (MFPs),
• Printers
• Facsimile machines
• Scanners
Primary bids for the LEASE of the following shall be for new equipment only.
• multifunction products (MFPs),
• printers,
• Workgroup and network sheet fed scanners,
New equipment is defined as newly assembled equipment that is factory produced and has been
assembled for the first time which contains new components that have been fully inspected, tested
and fully meets product performance and reliability specifications. Equipment must be newly
serialized and the state or its eligible customers must be the first user of the product and must have
new equipment set of warranties.
It is understood that the state will benefit from any equipment revisions, updates, additions,
technical improvements, or necessary modifications in the units offered during the term of this
contract at no additional cost.
6.4. Emissions Standards
All Equipment shall meet, at a minimum, the following emissions standards:
• Devices do not emit ozone in excess of 0.02 mg/m3
• Devices do not emit dust in excess of 0.25 mg/m3
• Devices do not emit styrene in excess of 0.11 mg/m3
6.5. Associated Products and Services Submittal
■ ■
RFP 20-600-000-Q 71
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
Bidders may offer associated products for each item. Associated products shall be listed as
outlined in bid price pages.
Associated products shall be limited to attachments, options, additional features, supplies and
software for each unit. The State reserves the right to accept or reject, at any time before or after
award, any or all of the associated products at its discretion.
The associated product submittal shall be offered at the same or better discount than offered for
the basic item.
The Respondent must submit with its bid the current suggested retail price list. As new price lists
are issued introducing new accessories/attachments and price reductions, such price lists shall be
submitted to the Contract administrator.
All new items requested to be added to the associated product line during the contract or any
extension period must be offered in accordance with the solicitation discounting format.
Acceptance of any or all associated products for inclusion in the resulting State Term Contract
shall be at the sole discretion of the State.
6.6. Specifications
6.6.1. General Requirements
All parts (hardware and software) which are necessary for the unit to be complete and ready
for operation, or which are normally furnished as standard equipment, shall be furnished by
the successful bidder. Each unit shall be provided with all manufacturers' start-up supplies
required to be fully operational. Supplies shall not include plain paper. Supplies bid as part
of the maintenance plan may be Original Equipment Manufacturer (OEM) supplies.
Authorized users who opt-out of using a vendor's submitted maintenance plan, and at their
sole discretion in accordance with their purchasing guidelines, may purchase supplies from
vendors other than State Term Contract vendors if in the best interest of the Customer.
6.6.2. Networking
For Respondents offering network multi-functionality, the following applies:
• Respondents shall provide software support staff that shall coordinate with
authorized user personnel in charge of the computer network to ensure proper
integration of products within the customer's office environment as well as answer
questions and concerns of the equipment installed.
• Respondents are to provide a telephone number for service support for a minimum of
90 days after installation. Network installation and after installation network support
is not part of this contract. Authorized users should plan network requirements and
solicit additional costs for networking prior to selection of the machine.
• Equipment shall comply with all Customer network security requirements and shall
provide network security kits as an available option or standard component.
• Equipment must comply with the security requirements specified in Rule 60DD-2,
F.A.C. promulgated 2004, currently in transition to 71A-1 anticipated promulgation
2010.
6.6.3. Accessories
■
•
RFP 20-600-000-Q 72
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
Respondents are encouraged to offer all available accessories for each piece of equipment
offered on the bid response. All accessories shall be offered at the same discount level and
shall carry the same warranty as the base equipment.
6.6.4. Security Specifications
Overwrite/Encryption: All proposed equipment containing a hard drive must have as
available options, HDD Overwrite and/or HDD Encryption capabilities. Data overwrite
standards must US Department of Defense (DoD) standards for data overwrite.
In addition, equipment must comply with the security requirements specified in Rule 60DD-
2, F.A.C. promulgated 2004, currently in transition to 71A-1 anticipated promulgation 2010.
6.6.5. Value Added Products and Services
Added Value products and services offered by Respondents deemed to be in the best interest
of the State by the Department shall become a part of any Contract resulting from this
solicitation.
THIS SPACE INTENTIONALLY LEFT BLANK
• •
RFP 20-600-000-Q 73
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
SECTION 7
ATTACHMENTS
REQUIRED FORMS
ATTACHMENT 1 Certification Table
ATTACHMENT 2 Pricing Spreadsheets
2.1 Copier-Based MFP Pricing Spreadsheet
2.2 Copier-Based MFP Maintenance Pricing Spreadsheet
2.3 Printer-Based MFP Pricing Spreadsheet
2.4 Printer-Based MFP Maintenance Pricing Spreadsheet
2.5 Printer Pricing Spreadsheet
2.6 Printer Maintenance Pricing Spreadsheet
2.7 Sheet Fed Scanner Pricing Spreadsheet
2.8 Facsimile Specifications And Pricing Spreadsheet
2.9 CoTerm Lease Rates
ATTACHMENT 3 Response Authorization Form
ATTACHMENT 4 Service Level Agreements
ATTACHMENT 5 Savings/Price Reduction Form
ATTACHMENT 6 Vendor Responsibility Questionnaire
ATTACHMENT 7 References
ATTACHMENT 8 Contact Information
ATTACHMENT 9 Ordering Instructions
ATTACHMENT 10 Authorized Dealers
ATTACHMENT 11 Emergency Situations Contact
ATTACHMENT 12 Certification of Drug-Free Workplace Program
ATTACHMENT 13 Punch-out Capability Questionnaire
ATTACHMENT 14 Questions for Vendors
Note: Some of the Attachments require signatures. Please submit these as PDF files after
being signed.
REFERENCE DOCUMENTS& SAMPLE FORMS
• INSTRUCTIONS TO VENDORS
• VENDOR CHECKLIST
• STATE OF FLORIDA VENDOR CODES
■ ■
RFP 20-600-000-Q 74
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
• MYFLORIDAMARKETPLACE (MFMP) ELECTRONIC INVOICING
REQUIREMENTS
• STATE TERM CONTRACT QUARTERLY REPORT FORM
• SAMPLE ARAVO TEMPLATE
THIS SPACE INTENTIONALLY LEFT BLANK
• U
RFP 20-600-000-Q 75
Multifunction Products,Printers,Facsimile Equipment,Scanners,Related Software,Supplies,and Services
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by delivering the best in class color ease, even clone settings from other is standard so large printing jobs
output.e-BRIDGE color technology e-STUDIO models.The e-BRIDGE can be distributed to two network
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security level of its kind. In fact, data in power consumption during the how to print smarter using rules-based
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is stolen. Other top security features been achieved, as well as an overall set printing parameters such as size,
include a secure PDF encryption reduction of power by as much as volume and color restrictions. We'll
feature with up to 128-bit AES, IP/ 40%.The new design incorporates also analyze your entire document
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r sruDio.5540c/6540c/6550c TOSHIBA
Leading Innovation>>>
CI >Color MFP
' _ 1 ` >Up to 65 PPM Color E-Filing Spcifications
I, >Up to 75 PPM B&W Operation Method Color Touch Screen Control Panel or Client PC
Number of Boxes 1 Public Box,200 Private User Boxes
100 Folders Per Box,400 Documents Per Folder
>Med/Large Workgroup Capacity of Boxes
>Copy,Print,Scan.Fax 200 Pages Per Document
++� >Secure MFP Security(Standard)
a )Eco Features Data Encryption 128 Bit AES
HDD Overwrite Meets Department of Defense(DoD)standard 5220.22M
Authentication LDAP,SMTP,Windows Server Domain
Accessories(Options)
Specifications Additional Paper Options
Large Capacity Feeder(LCF):2,500-Sheet Drawer,Letter MP2501
Copying Process 4-Drum Electrostatic Photographic
Transfer System with Internal Transfer Belt Finishing Options
Copying Type 4-Beam Color Laser(8 bit) Multi-Position Finisher Stationary Tray:250-Sheets MJ1103
Copy/Print Resolution 600 x 600 dpi/1200 x 1200 dpi Finishing Tray:3,000-Sheets
Copy/Print Speed e-STUDIO5540c-55 PPM Color/55 PPM B&W Staple Capacity:50 Sheets
e-STUDIO6540c-65 PPM Color/65 PPM B&W Saddle-Stitch Finisher Stationary Tray:250-Sheets MJ1104
e-STUDIO6550c-65 PPM Color/75 PPM B&W Finishing Tray:3,000-Sheets
Warm-Up Time Approx.180 Seconds Staple Capacity:50 Sheets
First Copy Out Time e-STUDIO5540c-6.5 Seconds Color/5.3 Seconds B&W Saddle Tray Stitcher:Up to 50 Sets
e-STUDIO6540c-6.5 Seconds Color/5.3 Seconds B&W Side Exit Tray • KA6550
e-STUDIO6550c-6.5 Seconds Color/4.6 Seconds B&W Hole Punch Unit(for MJ1103/MJ1104)2-or 3-Hole Punch Capability MJ6102
Duty Cycle 225K/250K/275K Copies
Multiple Copying Up to 9999 Copies Connectivity/Security Options
Acceptable Paper Size Cassette:ST-R to 12"x 18"(17 lb Bond-140 lb Index) EFI Controller(not available at launch) GA1310EX
and Weight Bypass:ST-R to 13"x 19" (17 lb Bond-110 lb Cover) Fax Board GD1270NX
ST-R to 12"x 47"Banner(17 lb Bond-110 lb Cover) 2nd Line Fax GD1260
LCF:LT(17 lb Bond-140 lb Index) Wireless LAN Adapter GN1060
Memory(Min/Max) Page+Main Memory:2 GB,PowerPC 1.5 GHz Processor Bluetooth Adapter GN2010
HD:80+GB Wireless Antenna GN3010
Reduction/Enlargement 25%to 400% IP SEC Enabler GP1080
Bypass 100-Sheet Bypass(17 lb Bond-110 lb Cover) Meta Scan Enabler for e-CONNECT GS1010
Control Panel '10.4 Color Super SVGA Tiftable LCD Touch Panel Advanced Scanning GB1280T
Paper Supply Up to 6,000-Sheet Input Capacity(Tandem Version+LCF)
4 Drawer Version:4 x 540-Sheet Cassettes(2,160 Sheets) Miscellaneous Options
Tandem Version:2 x 540-Sheet Casettes+2,320-Sheet LCF SmartCard Reader,HID iClass ART11236
100-Sheet Bypass SmartCard Reader,HID Prox ART11230
Optional 1 x 2,500-Sheet LCF SmartCard Reader,Inditag ART12161
Duplex Standard Automatic Duplex Unit SmartCard Reader,LEGIC ART11248
(17 lb Bond-140 lb Index) SmartCard Reader,Multi ISO/Mifare ART11443
Dimensions Approx.38.582"x 27.480"x 60.629"(W x D x H) SmartCard Reader,Multi 125 ART11242
Weight Approx.573 lb Harness Kit for Coin Controller GQ1200
CMYK Toner Yield CMY:29.5K,K:77.4K
Power Supply 120 V,20 Amps
Power Consumption Maximum 2.2 kW
Print Specifications °••f W rID" p e.
ar:,r, aarree III 7: Mac „i
PDL Support PCL6&PostScript 3
Operating Systems Netware 6.x,Windows XP,Windows Server 2003,2008,
Vista,Citrix MetaFrame,Macintosh,Linux,UNIX
Protocol Support IPX/SPX,TCP/IP,V4/V6 Dual Stack,Ethertalk,AppleTalk PAP,
NetBIOS Over TCP/IP,LPR/LPD,IPP,SMB,SNMP,
Netware,Port 9100,Bluetooth(HCRP)
Drivers Windows 2000,Server 2003/2008-Windows 7,Vista,XP
Macintosh OS 10.1/10.2/10.3,10.4,10.5(OS 10.4 PPD)
UNIX,AS400 via iData&Port 9100,SAP R/3
Connectivity 10/100/1000BaseTX Ethernet,802.11b/g
Wireless LAN,USB,Bluetooth(HCRP) Corporate Office 2 Musick,Irvine,CA 92618-1631
Device Management TopAccess Tel:949-462-6000
Certification Windows(XP,Vista,7,2003,2008)(WHQL)Novell East Coast 959 Route 46 East,5th Floor,Parsippany,NJ 07054
Tel:973-3136-2700
Scan Specifications _ Midwest 8770 W.Bryn Mawr Ave.,Suite 700,Chicago,IL 60631
Scan Resolution Up to 600 dpi Tel:773-380-6000
Scan Speed Up to 77 SPM Color/77 SPM B&W South 2037 Bakers Mill Rd.,Dacula,GA 30019
File Format TIFF,PDF,JPEG,XPS Tel:678-546-9385
West Coast 142 Technology,Suite 150,Irvine,CA 92618
Facsimile Specifications Tel:949-462-6262
Web Site www.copiers.toshiba.com
Compatibility Super G3
Data Compression MH/MR/MMR/JBIG Designs and Specifications subject to change without notice.For best results and reliable perfor-
Transmission Speed Approx.3 Seconds Per Page mane,always use supplies manufacturer or designated by Toshiba.Not all options and accessories
Fax Modem Speed 33.6 Kbps may be available at the time of product launch.Please contact a local Authorized Toshiba Dealership
Fax Memory 500 MB Transmission,200 MB Reception(HDD) for Availability.Toner yields are estimates based on 6%coverage,letter-size page.Driver and con-
Memory Transmission 100 Jobs,1,000 Destinations Max. nectiv ty feature support varies by client/network operating system.
400 Destinations/Job ei 2011 Toshiba America Business Solutions,Inc. Electronic Imaging Division
Scan Speed .7 Seconds Per Page,Maximum 50 SPM Inv.Code:ES6550CSERIES1