7. Equipment provided shall be energy efficient and meet energy star requirements.

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1 SOLICITATION 001IT818846/MDDGS STATEWIDE CONTRACT FOR DOCUMENT IMAGING SOLUTIONS MINORITY BUSINESS ENTERPRISE GOAL of 15% (UNLESS OTHERWISE PROVIDED) ************************************************************************ ************************************************************************ TERMS and CONDITIONS 1. The Terms and Conditions for Commodities over $25,000 are made a part of this solicitation. 2. Vendor shall comply with the Department of Budget and Management (DBM), Office of Information Technology, Information Technology Security Policy and Standards Version 3, October 2011 (Reference Attachment) 3. Equipment provided under this contract must meet the Americans with Disabilities Act (ADA), as outlined in Title II Technical Assistance Manual Covering State and Local Government Programs and Services. website address: 4. Equipment provided under this contract must meet the Health Insurance Portability & Accountability Act of 1996 (HIPAA) website address: e 5. The vendor shall supply Newly Manufactured equipment. Newly Manufactured equipment shall be defined as newly assembled equipment that may contain components that have been reprocessed to assure unit compliance with product performance and reliability specifications; Newly serialized equipment with new features and/or functions and contains new, reprocessed and/or recovered parts that meet product specifications and the customer is the first user of the factory produced new model equipment; The purchase warranty is the same as a new unit purchase warranty, and covered by the same full service maintenance terms and conditions as newly manufactured equipment. 6. All items shall be delivered F.O.B. to any point within the State of Maryland. Delivery must be within twenty (30) days after receipt of purchase order from the using agency. 7. Equipment provided shall be energy efficient and meet energy star requirements. 8. All document imaging devices copiers which include multifunction devices shall have the factory default setting set to two-sided copy. Duplexing shall be the default settings mode on all office copier and multifunction device units without exception. SOLICITATION 001IT818846/MDDGS

2 Changes to the default setting shall require written authorization for the DGS Procurement Officer and a support recommendation from the Program Manager. 9. The Contract that results from this Request for Proposals shall be an Indefinite Quantity, Fixed Unit Price Contract in accordance with COMAR Contract resulting from this solicitation shall be for a period of three (3) years beginning on the Contract execution date and ending three (3) years later, there are three (3) one (1) year renewal options. 11. Proposals submitted in response to this solicitation must be submitted by mail or by hand delivery. By close of business to: Leah Hinson Department of General Services 301 W. Preston Street, room M4 Baltimore, MD Phone Number: Fax Number: Leah.Hinson@dgs.state.md.us The actual pricing shall be inserted on the excel spreadsheet provided as an attachment to the emm solicitation and submitted as an attachment to your Proposal submission. 12. In order to receive a contract award a vendor must be registered on emaryland Marketplace. Contractors shall pay a processing fee. The fee is in accordance with guidelines issued by the Maryland Department of General Services. These guidelines can be found on the emaryland Marketplace website at Although the contract contains no minimum or maximum quantity requirements, quoted percentage discounts shall apply to all items listed. No minimum ordered requirement. 14. Limits on Using Agency Authority: The awardee(s) shall not accept changes, additions or substitutions by using agencies or others in the requirements of this contract unless furnished in writing by the Department of General Services and signed by the Procurement Officer. 15. In accordance with COMAR , the Department of General Services will not accept protest or claims by any electronic means. SOLICITATION 001IT818846/MDDGS

3 16. Invoices shall be submitted monthly to the using agency. All invoices shall reflect appropriate itemized charges. 17. The risk of loss and damage to equipment beyond ordinary wear and tear will remain the responsibility of the contractor except for damage resulting from abuse by the State. 18. The vendor shall provide complete installation of all equipment and verify operation within the pricing parameters quoted in the bid. All units shall be supplied complete with all components necessary for full operation. 19. The State requires a thirty-day trial performance period, beginning on the date that the network copier/printer digital imaging system is fully functional, during which the State agency shall have an unrestricted right to cancel the rental/lease and return the product to the vendor for reasons of unsatisfactory performance. State agency shall not pay for the thirty-day trial performance period and also maintains the right to cancel and return the product to the vendor at no cost to the State. 20. The contractor shall provide materials and instructional personnel for the training of users of equipment and accessories (i.e. scanning and faxing). The contractor shall perform training within (2) two days of installation. 21. All discounts and prices quoted shall remain firm for the term of the contract. Price decreases by reason of market conditions and/or other consideration shall be passed on to the State immediately. 22. Liquidated damages will be charged for late deliveries, by one full day at the rate of $150 per day. This charge shall apply from the date the agency specified required delivery date to the actual date of receipt of such products meeting all purchase order terms and conditions. The vendor risks nonacceptance and nonpayment unless preapproval is received in writing from the State to the effect that the delivery will be accepted later than (24) twenty-four hours from its original delivery date. 23. Substitution: The contractor may install equipment of greater technology capabilities in excess of that quoted, providing that the price per month is not more than the price for the equipment originally quoted and provided that prior written notice is given to the DGS Procurement Officer ninety (90) days prior to the contractors intentions to substitute the equipment. 24. The imaging equipment, provided by this contract shall be warranted against defective material and workmanship for a minimum period of five (5) years from date of installation and acceptance by the agency. All unit warranties shall be five (5) years. The warranty work shall be onsite and include all maintenance necessary to maintain the warranty and all repair and/or replacement of defective equipment. All parts including optional items and labor required for repair or replacement within the SOLICITATION 001IT818846/MDDGS

4 warranty period shall be without cost to the State or to the participating jurisdiction on this contract. 25. The contractor shall provide to the State, full maintenance service on specified equipment, which includes monthly preventative maintenance and prompt repair of malfunctioning or non-functional equipment. Full maintenance shall include all parts, including drums or masters, or like transfer materials, parts and safety retrofits and labor. 26. Vendor shall provide technical support Monday through Friday (excluding holidays) between the hours of 8:00 AM and 5:00 PM. 27. The selected vendors must provide new equipment with a full warranty and maintenance agreement to include: a. Available remedial maintenance and scheduled maintenance at the site of the installation, Monday through Friday, excluding the following State holidays: New Year s Day, Memorial Day, Labor Day, Thanksgiving Day, and Christmas Day. Maintenance shall be available between the hours of 8:00 a.m. to 5:00 p.m. b. Remedial Maintenance Response Time When the rental/leased hardware becomes inoperative or fails to function properly, the vendors shall make every reasonable effort to return the equipment to proper operating conditions, including labor and all parts necessary for repair of inoperative or improperly functioning equipment, within 5 working days after the State agency has requested remedial maintenance. At the State s request or at the option of the vendor, scheduled maintenance may be performed concurrently with remedial maintenance. c. Scheduled Maintenance The vendors shall schedule monthly maintenance to ensure that all rental/leased hardware continues to function properly. Scheduled maintenance shall include such activities as checking, calibrating, and verifying proper operation. d. State agency shall provide the vendor s personnel with access to the equipment for maintenance. State agency shall cooperate with the vendor s personnel, so that maintenance can be performed efficiently and without interruption. 28. Same date service is required. However, if the equipment cannot be repaired on site within 24 hours of the initial on-site visit by the technician, then the vendor must provide comparable replacement equipment for use during the repair period. 29. All Offerors are required to have an authorized service organization with the capacity to perform warranty service and repairs to meet the following criteria: SOLICITATION 001IT818846/MDDGS

5 a. Telephone trouble shooting via a toll free number. b. Service representation shall be a full-time authorized factory in an established facility(s) located within the State of Maryland or through the manufacturer s authorized networks based in the State of Maryland. c. Authorized Vendor Service Personnel shall respond to service calls within four (4) hours of receipt of the call from the Agency. d. A service log shall be included with each unit. The contractor and the agency shall jointly maintain the service log. At a minimum the service log shall contain the make, model number, date of installation, date of service request, response time, cause of breakdown/downtime, and repair time. The contractor s representative shall sign the service log when service has been completed and the log shall be counter-signed by the agency personal designated in charge of that particular unit. This service log will serve as a basis for any complaint of excess downtime, slow response to service calls and inactive operation. Should the cause of the service call be determined by mutual agreement to be an operator error, misuse, or abuse by the agency, downtime will not be a factor in determining unsatisfactory unit performance. 30. Unit Performance Unit must meet a 95% or better uptime unit performance requirement. The 95% will be based on monthly data and computed as follows: a. Total Availability Hours: are the total contracted hours of maintenance coverage per calendar month (equal to the total number of working days per month times 8 hours for each shift.) Example One shift for the month of January with no holidays = 8 hours times 20 days = 160 hours. b. Unit Downtime: is equal to Total Service Response Time plus Unit Repair Time. Downtime excludes normal interrupt, e.g. lunch. c. Total Service Response Time: is equal to the time difference between the actual time the technician arrives on site minus the time initial service call was placed. d. Unit Repair Time: is the time it takes the technician to repair the unit to be operational. e. Uptime: is calculated by dividing (Total Availability Hours Unit Downtime) by Total Availability Hours. Example: Total Availability Hours = 20 days x 8 hours/day = 160 hours. f. Unit Downtime = 4 hours Total Service Response Time + 1 hour Service Repair Time = 5 hours. g. Uptime = (160 Total Availability Hours 5 hours Unit Downtime) divided by 160 hours Total Availability = 96.87% 31. Copy Credits The vendor shall provide the State with one copy credit for each copy presented to the vendor that is unusable and also for each copy that was produced during servicing of the equipment. Copy credits shall be reflected on the invoice as a reduction in the total unit volume. 32. Pooling All vendors shall be required to combine all equipment output volumes. This provision allows the excess of a copiers base monthly volume to be added to another SOLICITATION 001IT818846/MDDGS

6 under-utilized copier, thereby reducing overage costs. This is also called load balancing. 33. The unit must reproduce standard test originals of legible quality. The unit must also reproduce legible copy quality from: solids, architectural patterns, graduated tones, lines and grids, standard black graphite #2, and red and blue pencils, blue ball-point pens, NCR copies, photographs and color originals such as invoices, shipping documents, etc. 34. All electrical equipment furnished must be grounded and approved to meet standards established by nationally recognized testing laboratories. 35. The selected vendors shall deliver for rental and/or lease for a period of five years, a network copier/printer digital imaging system that will meet agency day-today on demand printing and highly specialized (*Mainframe printing applications, FMIS requisitions, purchase orders, blank purchase orders, change orders, Computer Output to Laser Disk COLD, etc.) needs. The Network Copier/Printer Digital Imaging System must: a. have a digital front end with associated software on an adjacent CPU and attached to a digital copier/printer. It must each function for general-purpose applications, as well as work with specialized software such as Adobe, Photoshop, Illustrator and PageMaker 6.5 (or current version) [Information Systems], Microsoft Office, Corel Draw, simultaneously. The vendors shall supply adequate software drivers (i.e., Windows, Macintosh) at no additional cost. b. have capability to handle multiple network protocols and operating systems such as DOS, Windows2002, 2007, 2010 and XP, simultaneously without outside intervention. c. have total cost of the rental/lease to include yearly maintenance, service and upgrades as necessary, for the life of the contract rental/lease period. d. offer a vendor-to-customer guarantee program of no less than five-year rental/lease. The rental/lease agreement shall allow for upgrades consistent with technical advances as they become available to the industry. This guarantee shall provide State agencies the option to replace the imaging unit if performance is unsatisfactory. e. have the speed required, b&w and/or color output quality, paper size and tray/bin switching capability, connectivity, flexibility, support and service, affordability cost per page, ease of use and hardware durability outlined below. f. be a console freestanding networked document copier/printer capable of delivering collated sets of multiple page documents that include both black & white and full color pages. g. have a processor to enable receiving, rasterization and printing simultaneously. This process must be upgradeable over the three-year rental/lease period. h. have a job management and queue control directly at the digital front-end. SOLICITATION 001IT818846/MDDGS

7 i.. have a minimum of 40 GB image disk for storage of software, fonts, forms (FMIS, requisitions, purchase orders, blank purchase orders, change order) and job spooling for printing multiple copies of a document at rated speed, without having to send over the network repeatedly. j. have a minimum of 128 MB RAM k. use black toners to render full black & white, gray tone pages. Image must not bleed, crack or peel (was transfer not acceptable). l. provide manufacturer operational software upgrades required for functionality m. Ability to print on stock weights ranging from pound recycled bond up to 90-pound index stock. n. have an output equal to or exceeding 6 pages per minute for full color and 20 pages per minute for black and white. o. handle various print volume capable of printing 5,000 to 400,000 pages per month in both black & white and color (i.e., 15,000 in color and10, 000 in black & white. p. have a cost per page for black & white not to exceed 1 cent. Cost per page for color output not to exceed 10 cent (including all toner, consumable excluding paper). q. have an automatic jam recovery without rebooting. r. have at least three (3) in-line adjustable automatic switching paper trays. s. have automatic or programmed input/output tray switching % PROCESSING FEE 1. Contractor shall pay a processing fee to the State in the amount of one percent (1%) of the total contract sales. The processing fee is calculated based on all sales transacted under the contract, minus any returns or credits. The processing fee shall not be charged directly to the customer, e.g., as a separate line item, fee or surcharge, but shall be included in the contract s unit prices. 2. The processing fee shall be submitted to the Department of General Services, Fiscal Services Division, 301 W. Preston Street, Room 1309, Baltimore, MD., 21201, within ten (10) calendar days following the end of each calendar month along with a Montly Usage Report documenting all contract sales. An excel version of the Monthly Usage Report shall also be ed to the Procurement Officer. 3. Failure to remit processing fees in a timely manner or remittance of fees inconsistent with the contract s requirements may result in the State exercising all recourse available under the contract including, but not limited to, a third party audit of all contract activity. Should an audit be required by the State, the contractor shall reimburse the State for all costs associated with the audit up to $10, or one (1%) percent of the contract s estimated annual value, whichever is higher. A. Without exception, reports are due no later than the 15 th day of the month following the end of the prior month.. Without exception, checks are due no SOLICITATION 001IT818846/MDDGS

8 later than the 15 th day of the month following the end of the prior month. D. Failure to provide the 1 % processing fee and the required report shall be a breach of this contract. This breach shall be cause for termination for default. 37. The Contract Manager will be: Leah Hinson Department of General Services 301 W. Preston Street, room M4 Baltimore, MD Phone Number: Fax Number: Leah.Hinson@dgs.state.md.us SOLICITATION 001IT818846/MDDGS