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REQUEST FOR PROPOSAL (RFP) | [19-193-C] TO ESTABLISH A CONTRACT FOR THE LEASE OF MULTIFUNCTION COPIERS FOR ALL THE INSTRUMENTALITIES OF THE GOVERNMENT OF PUERTO RICO Date Initial RFP Issued: [June 19, 2019] Proposals Due Date: [July 16, 2019] at [1:00 p.m.] AST Issued By: Administración de Servicios Generales (ASG)

REQUEST FOR PROPOSAL (RFP) | [19-193-C] ALL THE ... y Formularios/07...2019/06/25  · Copiers, and Special Copiers (e.g., Configuration C1, Configuration C2, Configuration C3). “Copier”

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Page 1: REQUEST FOR PROPOSAL (RFP) | [19-193-C] ALL THE ... y Formularios/07...2019/06/25  · Copiers, and Special Copiers (e.g., Configuration C1, Configuration C2, Configuration C3). “Copier”

REQUEST FOR PROPOSAL (RFP) | [19-193-C]

TO ESTABLISH A CONTRACT FOR THE LEASE OF MULTIFUNCTION COPIERS FOR ALL THE INSTRUMENTALITIES OF THE GOVERNMENT OF PUERTO RICO

Date Initial RFP Issued: [June 19, 2019]

Proposals Due Date: [July 16, 2019] at [1:00 p.m.] AST

Issued By: Administración de Servicios Generales (ASG)

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Table of Contents

1.0 Introduction ............................................................................................................................ 1 1.1 Definitions/Acronyms................................................................................................... 1 1.2 Background ................................................................................................................... 4 1.3 The Puerto Rico General Services Administration ....................................................... 4 1.4 Contract Term ............................................................................................................... 4 1.5 RFP Timeline ................................................................................................................ 5 1.6 Request for Clarification (RFCs) .................................................................................. 5

1.6.1 Request for Clarification ................................................................................... 5 1.6.2 Pre-Bid Conference ........................................................................................... 6

1.7 Proposal Submission ..................................................................................................... 6 1.8 Registration on “Registro Único de Licitadores (RUL)” ............................................. 7 1.9 Proposer Point of Contact & Signature ........................................................................ 7

2.0 Scope ...................................................................................................................................... 8 2.1 Lease Pricing (No page limit. The Proposer shall submit the Lease Pricing

Worksheet) .................................................................................................................... 8 2.2 Key Service Level Agreements .................................................................................. 10 2.3 Technical Approach (Maximum of seven (7) pages) ................................................. 12 2.4 Past Performance (Maximum of three (3) pages) ....................................................... 14

3.0 RFP Response Proposal Format Requirements ................................................................... 14 3.1 Document I: RFP Response Document ...................................................................... 15

3.1.1 Cover Letter (One (1) page) ............................................................................ 15 3.1.2 Technical Approach (Maximum of seven (7) pages) ..................................... 15 3.1.3 Past Performance (Maximum of three (3) pages) ........................................... 15

3.2 Document III: Lease Pricing Worksheet .................................................................... 15 3.2.1 Lease Pricing (No page limit. Submit Lease Pricing Worksheet) .................. 15

4.0 Evaluation, Selection, and Award ........................................................................................ 15 4.1 Round 1: Initial Evaluation ......................................................................................... 15

4.1.1 Lease Pricing Proposal Evaluation ................................................................. 16 4.1.2 Technical Approach Evaluation ...................................................................... 17 4.1.3 Combined Evaluation Score ........................................................................... 23

4.2 Round 2: Best and Final Offer Evaluation ................................................................. 24 4.3 Selection ..................................................................................................................... 24 4.4 Award ......................................................................................................................... 24

5.0 Other Terms & Conditions .................................................................................................. 24 5.1 Review Board Period .................................................................................................. 24 5.2 Rejection of Proposals; Cancellation of RFP ............................................................. 25 5.3 Waiver Informalities ................................................................................................... 25 5.4 Errors and Omissions in Proposal .............................................................................. 25 5.5 Cost of Preparing Proposal ......................................................................................... 25 5.6 Prohibited Communications ....................................................................................... 25 5.7 Public Announcements ............................................................................................... 25 5.8 Deposit and Guarantees .............................................................................................. 25

6.0 Proposer’s Certifications...................................................................................................... 26 7.0 Confidentiality of Responses & Proprietary Information .................................................... 26

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7.1 Redacted Copy ............................................................................................................ 27 7.2 Ownership of Submitted Proposal .............................................................................. 27

8.0 General Terms and Conditions ............................................................................................ 27 8.1 Distribution ................................................................................................................. 27 8.2 Quoted Lease Prices ................................................................................................... 27 8.3 Storage ........................................................................................................................ 27 8.4 Purchase Quantity ....................................................................................................... 27 8.5 Invoicing ..................................................................................................................... 27 8.6 Payments ..................................................................................................................... 28 8.7 Certifications .............................................................................................................. 28 8.8 Equipment Replacement ............................................................................................. 28 8.9 Warranty ..................................................................................................................... 29 8.10 Maintenance Coordination.......................................................................................... 29 8.11 Provisions for End of Contract ................................................................................... 29 8.12 Breach 29 8.13 Code of Ethics ............................................................................................................ 30 8.14 Anti-Discrimination Clause ........................................................................................ 30

9.0 Local Preference .................................................................................................................. 30 10.0 FOMB Contract Review ...................................................................................................... 30

List of Tables

Table 1.5-1. RFP General Timeline. ............................................................................................... 5 Table 1.7-1. Submission Requirements. ......................................................................................... 6 Table 2.1-1. Minimum Penalties by Severity Level and Key SLA. ............................................... 9 Table 2.3-1. Technical Approach Requirements. ......................................................................... 12 Table 2.4-1. Past Performance Requirements. .............................................................................. 14 Table 4.1-1. Weight for each requirement areas. .......................................................................... 16 Table 4.1.1-1. Weight for equipment price and services price ..................................................... 16 Table 4.1.1-2. Formula for calculating Equipment Price Evaluation Score ................................. 17 Table 4.1.1-3. Formula for calculating Service Price Evaluation Score ....................................... 17 Table 4.1.2-1. Performance Areas Evaluation Guide. .................................................................. 18 Table 4.1.2-2. Performance Areas Evaluation Scale. ................................................................... 18 Table 4.1.2-3. Formula for calculating Technical Evaluation Score. ........................................... 23

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1.0 Introduction 1.1 Definitions/Acronyms

“ASG” means the Puerto Rico Administración de Servicios Generales (or the Puerto Rico General Service Administration).

“Bid Board” shall mean the Bid Board of the Administración de Servicios Generales (or General Services Administration) of Puerto Rico.

“Best Value Trade Off Selection” or “Best Value” refers to the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit to the Government in response to the requirements.

“Business Hours” refers to non-Government holiday, non-weekend hours between 8:00 AM Atlantic Standard Time (AST) and 5:00 PM AST. Scheduled preventive maintenance, scheduled upgrades, time before initial installation, and unavailability due to power outages, lack of network availability, or Force Majeure events are excluded from Business Hours Available.

“Combined Evaluation Scores” refers to the total scores calculated for each proposal that will be used for evaluating which proposal provides the Best Value to the Government. The method and formula for calculating the Combined Evaluation Score is explained in the Section 4.1.3. Maximum Combined Evaluation Score that could be achieved by any Proposer is one-thousand (1000) points.

“Configuration Type” means the type of configuration for Black & White Copiers, Color Copiers, and Special Copiers (e.g., Configuration C1, Configuration C2, Configuration C3).

“Copier” refers to any model or size of networked, digital copier or printer with scanning and fax capability, including all components necessary for installation, operation, and optional accessories.

“Copy” or “Click” or “Page” refers to any single page of printed output, of any size up to legal-size, whether generated through network printing, walk-up copying, or fax receipt.

“Electronic Signature” refers to a digital image of a hand-written signature that serves as an official signature on binding legal documents.

“Equipment Price Evaluation Score” refers to the scores calculated for each proposal based on the Quoted Lease Price per month for the equipment and the assigned weight. The method and formula for calculating the Equipment Price Evaluation Score is explained in the Section 4.1.1.2.1. Maximum Equipment Price Evaluation Score that could be achieved by any Proposer is five-hundred and sixty (560) points.

“Fair Market Value (FMV)” lease refers to the equipment lease where the Government has the option to either continue the lease at the FMV renewal rate, or to buy the equipment at its FMV at the end of the lease term.

“Financial Oversight Management Board” or “FOMB” refers to the Board created under the Puerto Rico Oversight, Management, and Economic Stability Act of 2016 (“PROMESA”).

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“Government” means the Government of Puerto Rico. It is inclusive of but not limited to other government branches, municipalities, and instrumentalities.

“Government Entity” refers to any department, agency, board, commission, body, bureau, office, public corporation or Instrumentality of the Executive Branch, whether existing or to be created in the future.

“High-Severity Breach” When the sum of all business hours Copiers are unavailable in excess of those allowed in the Service Level Agreements is greater than 2.00% of Business Hours Available.

“Instrumentality” means any entity, agency, municipality or public corporation of the Government of Puerto Rico.

“Lease Pricing Worksheet” or “Worksheet” is the excel file used to provide lease proposals for this RFP. This sheet also includes the specifications of Copiers for which the lease proposals are requested.

“Low-Severity Breach” When the sum of all business hours Copiers are unavailable across the Government of Puerto Rico in excess of those allowable by Service Level Agreements is less than or equal to 1.00% of Business Hours Available.

“Maximum Monthly Volume” or “Maximum Contracted Pages per month” refers to maximum number of pages that can be printed, copied or faxed from one copier machine leased to any Government Instrumentality. This will be counted for every leased Copier machine.

“Medium-Severity Breach” When the sum of all business hours Copiers are unavailable across the Government of Puerto Rico in excess of those allowable by Service Level Agreements is greater than 1.00% and less than or equal to 2.00% of Business Hours Available

“Performance Area Score” refers to the sum of the scores given to each of the Performance Areas listed in the Technical Approach: Reporting, Account Management, Warranty & Uptime, Preventive Maintenance, Technical Support & Remedial Maintenance, Delivery, Installation, & Related Services, and Security Requirements. The method for calculating the Performance Area Score along with the evaluation scale and evaluation guide is explained in the Section 4.1.2.1. Maximum Performance Area Score that could be achieved by any Proposer is one hundred (100) points.

“Preventive Maintenance” refers to regular, routine maintenance to help keep equipment up and running, preventing any unplanned downtime.

“Price Reasonableness” or “Fair and Reasonable Price” refers to an assessment by the Government on any price proposed by a respondent for different Configuration Types of the Copiers. The prices will be assessed for fairness and reasonableness by applying one or more statistical price analysis techniques that identify outlier prices.

“Pricing Evaluation Score” refers to the score given to each proposal based on the Equipment Price Evaluation Score and Service Price Evaluation Score and the assigned weight to each of

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them under the pricing section. The method and formula for calculating the Pricing Evaluation Score is explained in detail in Section 4.1.1.2. Maximum Pricing Evaluation Score that could be scored by any Proposer is eight-hundred (800) points.

“Proposer” or “Respondent” means a(n) (i) natural person, (ii) legal person, (iii) joint venture, or (iv) partnership, or (v) consortium of individuals, and/or partnerships, and/or companies or other entities that submit a response to this RFP that is not currently debarred in any Federal, State and/or Local jurisdictions.

“Penalty” means a discount on the monthly invoice to an instrumentality (or final invoice, as applicable) for failure to meet Service Level Agreement targets.

“Remedial Maintenance” refers to the maintenance task performed to identify, isolate, and rectify any technical issue that might arise with the equipment so that the failed equipment can be restored to an operational state.

“Rebates” are payments negotiated by vendors to be paid to customers as incentives for customers to utilize more of their products or services. Rebates are commonly calculated based on volume or total spend the customer has with the vendor. Rebates are commonly paid on a periodic basis (e.g. per invoice, quarterly, etc.)

“RFP” means this Request for Proposals and addenda issued by ASG.

“Service Level Agreement (SLA)” means a performance standard the Proposer must meet.

“SLA Target” means the reliability with which the Proposer shall meet SLAs, calculated as a percentage at the instrumentality level on a monthly basis. Failure to meet the SLA target for SLAs will result in penalties to the next monthly invoice to the instrumentality or the final invoice (as applicable).

“Service Price Evaluation Score” refers to the scores calculated for each proposal based on the Quoted Service Price per click for the essential services and the assigned weight. The method and formula for calculating the Service Price Evaluation Score is explained in the Section 4.1.1.2.2 Maximum Service Price Evaluation Score that could be achieved by any Proposer is two-hundred and forty (240) points.

“Technical Evaluation Score” refers to the score given to each proposal based on the Performance Area Scores and the assigned weight to Technical section. The method and formula for calculating the Technical Evaluation Score is explained in detail in Section 4.1.2.2. Maximum Technical Evaluation Score that could be scored by any Proposer is two-hundred (200) points.

“Quoted Lease Price” for any Configuration Type refers to the lease prices per month for the equipment quoted by each Proposer for that specific Configuration Type in the submitted Lease Pricing Worksheet.

“Quoted Service Price” for any Configuration Type refers to the price per click for all the essential services quoted by each Proposer for that specific Configuration Type in the submitted

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Lease Pricing Worksheet. All the per click prices quoted by Proposer on the Lease Pricing Worksheet will be added to arrive at the Quoted Service Price.

“Uptime” Uptime is defined as the available work hours during normal business hours over which the Copier can function as required to perform intended functions, to operate satisfactorily, and produce acceptable copy/print quality.

“Vendor” or “Awarded Proposer” or “Selected Proposer” means a Proposer or Respondent awarded a contract resulting from this RFP.

1.2 Background

The Government of Puerto Rico (“Government”) is responsible for administering public resources and for providing all necessary public services to the Puerto Rican general public, approximately 3.3 million people. The Executive Branch is the largest employer in Puerto Rico with more than 150,000 workers.

The Government’s current Fiscal Plan calls for “Financial Control Reforms” to improve budget to cash and overall financial reporting and controls. Procurement reform has been identified as one of the key enablers of this financial reform. To pursue these procurement reforms, the Government is implementing modern practices to improve the efficiency and effectiveness of procurement operations. The Government is currently going through a procurement reform which includes strategic sourcing of categories of goods and services identified as essential to achieve government-wide savings and significantly reduce the cost of purchased goods and services.

ASG is issuing this government-wide Request for Proposals ("RFP") to invite interested suppliers ("Proposers") to submit lease proposals to provide Copiers services for all Government Instrumentalities. The current estimated government-wide annual spend for leasing Copiers is approximately $16.1 million dollars. This RFP is open to any and all interested parties, including global leaders in Copiers leasing and local market participants.

1.3 The Puerto Rico General Services Administration

In 2011, the Reorganization Plan Number 3 (Reorganization Plan) was enacted in order to restructure the Government of Puerto Rico’s procurement process and to establish the Administración de Servicios Generales (or General Services Administration) as the governmental entity in charge of implementing Puerto Rico Government procurement policy the public policy. ASG covers the purchase and acquisition process of non-professional goods and services for the Government of Puerto Rico.

Under the Reorganization Plan, ASG has the authority to act as the procuring and negotiating entity for all Government entities. This includes the authority to procure the purchase and acquisition of goods and services on behalf of all Government entities.

1.4 Contract Term

ASG may award a contract to one or more Proposers.

The term of the contract(s) expected to be awarded at the end of this RFP process will commence upon ASG’s execution of the contract as per ASG’s and government-wide contracting guidelines

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and will be in effect for one year after execution, with four one-year options, exercisable at the Government’s discretion. ASG reserves the right to cancel the contract before expiration under several contract breach circumstances from the selected Proposer, cancel contract work upon finalization of duties under the scope of work, or not extend the contract term, and re-bid the scope of work after term expiration. The Chief of Staff of the Governor of Puerto Rico (Secretario de la Gobernacion) shall have the power to terminate this Agreement at any time, as provided in Memorandum No. 2017-001; Circular Letter 141-17 of the Office of the Chief of Staff of the Governor of Puerto Rico and the Office of Management and Budget.

The main purpose of the RFP and resulting contract is to achieve government-wide savings on the leasing of Copiers.

1.5 RFP Timeline

The timeline for this RFP is presented below in Table 1.5-1. All items must be received by the stated deadline.

Table 1.5-1. RFP General Timeline.

Target Date Event

June 19, 2019 Release of RFP

June 27, 2019 Last Day to Submit Questions (Request for Clarification) – 1:00 p.m. (Atlantic): [email protected]

July 02, 2019 Issuance of Answers to Questions by ASG – 1:00 p.m. (Atlantic)

July 09, 2019 Pre-Bid Conference – 1:00 p.m. to 3:00 p.m. (Atlantic)

July 16, 2019 Proposal Submission Deadline – 1:00 p.m. (Atlantic): [email protected]

August 07, 2019 Award Announcement

The RFP timeline includes target dates that are subject to change. It is the responsibility of Proposers to periodically review their emails and the ASG website (www.asg.pr.gov/ReformaCompras/Pages/default.aspx) for all information and updates related to this RFP.

1.6 Request for Clarification (RFCs) 1.6.1 Request for Clarification

Request for Clarifications and Questions relating to this RFP must be submitted via email to [email protected] no later than 1:00 P.M. on June 27, 2019. Submitted questions should make reference to the RFP number and provide the point of contact for the prospective Proposer.

ASG will compile all questions and issue answers to all questions to prospective Proposers by July 02 on its website (www.asg.pr.gov/ReformaCompras/Pages/default.aspx). Proposers are expected to download from the ASG website the document containing all the answers to the Request for Clarification. Proposers should acknowledge that they have read the answers to the questions by including the acknowledgment language in the Cover Letter as identified in section 3.1.1.

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From the time the RFP is issued until the time an award is made, vendors may not in any way contact ASG directly. Questions regarding the RFP may only be asked through e-mail. Questions asked through e-mail will only be answered if they are sent to the e-mail address provided for asking questions and will only be answered if sent in during the time allowed for asking clarifying questions.

Vendors must not contact ASG in any other way. This includes in-person visits, phone calls, text messages, e-mails or any other form of communication.

1.6.2 Pre-Bid Conference

ASG will further clarify the answers posted on the ASG website during a pre-bid conference to be held on July 09, 2019 from 1:00 pm to 3:00 pm AST at the ASG office (211 Avenida Quisqueya, San Juan, 00917, Puerto Rico). Dial-in information for the conference call will be provided on the ASG website with the published answers as detailed in section 1.6.1.

The primary purpose of the pre-bid conference is to provide instructions for completing the technical sections of the RFP and the lease pricing worksheet, as well as to provide further clarification to existing questions submitted via email.

1.7 Proposal Submission

Proposals are to be submitted via email to [email protected] on July 16, 2019 no later than 1:00 PM Atlantic Standard Time. Responses to the RFP submitted after the prescribed deadline may not be accepted.

Proposals will not be opened before 1:00 P.M., July 16 (Proposal Due Date).

The Proposer shall submit the response via email to the Bid Board Secretary. The email subject line must contain the following:

Attention: Bid Board Secretary: Response to RFP 19-193-C from <Proposer Name>

The submission via email should contain three (3) attachments with the contents as listed below in Table 1.7-1:

Table 1.7-1. Submission Requirements.

Document Number

Document Format

Document Type

Document Naming Convention

Document Contents

I

PDF

Original Copy

<Proposer Name>_19-193-C Response

Original_<MMDDYYYY>.pdf

1. Cover Letter

2. Answers to questions in Technical Approach

3. Answers to questions on Past Performance

II

PDF

Redacted Copy

<Proposer Name>_ 19-193-C Response

Redacted_<MMDDYYYY>.pdf

1. Cover Letter

2. Answers to questions in Technical Approach

3. Answers to questions on Past Performance

III 1. Lease Pricing Worksheet

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Document Number

Document Format

Document Type

Document Naming Convention

Document Contents

XLS Original Copy (filled out as per template

provided)

<Proposer Name>_ 19-193-C Lease Pricing

Worksheet_<MMDDYYYY>.xls

2. Alternative specs and model pricing

3. Discounts and Incentives

4. Penalties

Document Number II refers to the requirement for Proposers to submit a redacted electronic copy of their proposal as outlined in Section 7.0 (Confidentiality of Responses & Proprietary Information). If no identifiable redacted copy of the proposal is included with the submission, ASG will consider the submitted copy as both the redacted and un-redacted copy of the proposal.

If the proposal is submitted multiple times, ASG will only accept the latest version submitted before the deadline.

1.8 Registration on “Registro Único de Licitadores (RUL)”

Any Proposer interested in contracting with the Government must be registered in the “Registro Único de Licitadores” (RUL) in accordance with the specifications provided in the RUL registration requirements. Proposers can access the RUL through the following link: https://rul.asg.pr.gov/

The register in the Registro Único de Licitadores is a mandatory requirement for any natural or legal person, interested in participating in the procurement process of goods and services with the Government of Puerto Rico. At the time of any proposal response submission, all bidders must have the Certificación de Elegibilidad as disposed in Article 4.2 (e) of the Reglamento del Registro Único de Licitadores del Gobierno de Puerto Rico (Regulation # 8182).

Registration in the RUL must be active and all documents required for active registration must be up to date.

1.9 Proposer Point of Contact & Signature All submitted proposals should provide a clear point of contact that includes:

Name of point of contact

Address

Email address of point of contact

Proposals that do not identify a point of contact and contact information will be rejected.

This information shall be provided in the Cover Letter of the proposals (Section 3.1.1), which must be signed with indelible ink or blue pen by an authorized agent of the Proposer. The authorized agent should be the same point of contact registered in the “Registro Unico de Licitadores” (RUL). Electronic signatures that comply with this requirement are accepted.

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2.0 Scope This RFP seeks to receive responses for Proposers who want to be considered for providing lease and maintenance service for Copiers to all Instrumentalities of the Government of Puerto Rico under a contract with ASG resulting from this RFP. The Government has requirements in the following three (3) areas:

Lease Pricing

Technical Approach

Past Performance (This section is required but will not be scored)

The proposals shall be clear, concise, and include sufficient detail for an effective evaluation, and for substantiating the validity of stated claims. Proposals shall not simply rephrase or restate Government’s requirements, but rather shall provide a convincing rationale to address how the Proposer intends to meet the requirements. Proposers shall assume that Government has no prior knowledge of their experience or best practices, and that qualifications and past performance reviews will be based only on the information presented in the Proposer’s proposal.

2.1 Lease Pricing (No page limit. The Proposer shall submit the Lease Pricing Worksheet)

The Proposer shall submit the Lease Pricing Worksheet as a separate file in electronic form via email. The Pricing Worksheet contains instructions on how to provide pricing information. The Lease Pricing Worksheet has instructions on how to provide pricing information for Copiers and the essential services.

The Lease Pricing Worksheet contains the detailed specifications for each Configuration Type of Copier which will be needed to provide lease price proposals in the separate specifications tab – “Black & White Copier Specs”, “Color Copier Specs”, and “Special Copier Specs”. It is made up of representative Configuration Types of Copiers consumed across the entire Government and has an annual spend of approximately $16.1 million.

Proposers shall complete the Lease Pricing Worksheet to provide monthly lease price per Copier equipment, based on a 60-month Fair Market Value lease, for each Configuration Type. The lease price per month must include all of the following items:

• Copiers, with all required components necessary for installation and operation • Toner/cartridge replacement and disposal of replaced unit • Firmware/software, including upgrades/updates, and technical support • Remedial maintenance services • Delivery, installation, and testing • User manuals and quick reference user guides • Cost of returning the Copiers to Vendor at end of contract • Cost of removing/swapping out hard drives at end of contract, before Copiers are returned

to Vendor • Cost of all other services, online system access, and reports identified in Table 2.3-1.

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Proposers shall provide per click prices on the Lease Pricing Worksheet for other related services. These services are listed in the Worksheet in separate rows, the Proposer shall provide separate price for each of them. The requested services are listed below:

• Additional click price for black and white and for color: Cost for the extra printed page, copied page, and fax receipt that exceeds the maximum contracted pages per month

• Credits for using less than maximum contracted pages per month: Credits for the unused printed pages and copied pages, that is when the usage is less than the maximum contracted pages per month. These credits shall be applied as a discount on the next monthly invoice, or on the final invoice as applicable

• Preventive Maintenance Services: Per-click fees for preventive maintenance services as defined in the RFP Document for full 60-month lease term

If the Proposer leaves any price proposal for other related services for any Configuration Type blank, ASG will assume the cost of those services is included in the Equipment Lease price of that Configuration Type. If the Proposer leaves the Equipment Lease price of a Configuration Type blank, ASG will assume the Proposer has chosen not to bid on that configuration type.

Proposers may provide alternate comparable specifications and lease prices of models that they have seen corporations use that could be more cost-effective, based on the specifications listed for each Configuration Type in the “Alternate Specs and Models Pricing” tab. Proposers may complete the “Discount and Incentives” Tab which lists various incentive structures they are willing to provide to the Government for leasing Copiers.

The Proposer shall propose penalties if it fails to meet any Service Level Agreements (SLA) target defined in section 2.2 as a Key SLA. Severity violation levels shall be calculated on the monthly invoice for each Government Instrumentality based on the actual performance over the last month for the SLA, and comparing it against the SLA target. Penalties for each SLA missed in a month shall be summed together. If the Proposer misses an SLA target by more than 0.00% and less than or equal to 1.00%, the violation is low-severity. If it is greater than 1.00% but less than or equal to 2.00%, the violation is medium-severity. If it is more than 2.00%, it is a high-severity violation. The minimum penalties that shall apply are defined in table 2.1-1. Proposers may propose additional penalties on the “Penalties” tab of the Lease Pricing Worksheet. If the Proposer leaves this section of the Price Worksheet blank, the minimum penalties defined in table 2.1-1 shall apply. These penalties shall be applied as a discount on the next monthly invoice, or on the final invoice as applicable.

Table 2.1-1. Minimum Penalties by Severity Level and Key SLA.

Severity Level Key SLA #1: Uptime Target: TBP*%

SLA #2: Call Back Target: 95%

SLA #3 : Response Target: 95%

SLA #4: Working Order Target: 95%

SLA #5: Order Fulfillment Target: 95%

Low 0.50% 0.10% 0.10% 0.15% 0.50%

Medium 0.75% 0.15% 0.15% 0.25% 0.75%

High 1.00% 0.25% 0.25% 0.5% 1.00%

* To Be Proposed

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2.2 Key Service Level Agreements

Key SLA #1: The Proposer shall propose a minimum “uptime” target (e.g. 95%). Uptime is calculated monthly by dividing the total number of hours all Copiers in an instrumentality are performing as required during business hours from 8:00 AM to 5:00 PM Atlantic Standard Time (AST) each business day by the total number of business hours in a month for all Copiers (sum of hours all Copiers in the instrumentality are available from 8:00 AM to 5:00 PM AST / sum of business hours in month for all copiers in the instrumentality). Exceptions to this calculation for Key SLA #1 include scheduled preventive maintenance, scheduled upgrades, time before initial installation, and unavailability due to power outages, lack of network availability, or Force Majeure events.

For example: Assume the Proposer proposed an uptime SLA target of 95.00%. There are 21 business days in March 2019. If the Proposer provides 3,000 copiers that month to the Department of Education, and there is 1 hour of scheduled preventative maintenance for each Copier, the total number of business hours available would be 564,000 (21 days * 9 hours * 3,000 copiers - 3,000 preventative maintenance hours). If those 3,000 copiers are only available for 500,000 hours, the uptime for March would be 500,000 / 564,000 = 88.65%. This is 6.35% less than the SLA target for uptime of 95.00%. Since 6.35% is more than 2.00%, this is a high severity violation. According to table 2.1.1, the minimum penalty due to the Department of Education for a high severity violation for Key SLA #1 is 1.00%.

Key SLA #2: The Proposer shall propose a maximum “call back” time in business hours for a Proposer to answer a question or establish a technician’s estimated time of arrival for service (e.g. 2 business hours) with an SLA target of 95%. Call back time is measured from the time when a Government of Puerto Rico employee calls the Proposer’s customer service number or sends an email to the Proposer’s customer service email box (or other electronic communication method), and the time when the customer service center returns the call or email and resolves the issue, or provides the estimated time of arrival or service within normal business hours. Exceptions to this calculation for Key SLA #2 include time outside of normal business hours, weekends, Government holidays, or Force Majeure events. For Example: Assume the Proposer proposed an SLA of 2 business hours for Key SLA #2. In March 2019 there were 203 emails and 327 telephone calls from the Department of Education to the customer support center reporting issues with Copiers, for a total of 530. The Proposer’s customer service center answered 501 in two business hours or less, meeting the two hour requirement 94.53% of the time. This is 0.47% less than the 95% SLA for call back time. Since 0.47% is more than 0.00% and less or equal to 1.00%, this is a low-severity violation. According to table 2.1-1, the minimum penalty due to the Department of Education for a low-severity violation for Key SLA #2 is 0.10%. Key SLA #3: The Proposer shall propose a maximum “response” time in business hours for a technician to arrive on site from the initial service call (e.g. 6 business hours) with an SLA target of 95.00%. Response time is measured from the time when a Government of Puerto Rico employee

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calls the Proposer’s customer service number or sends an email to the Proposer’s customer service email box, and the time when a technician arrives at the location of the reported issue to investigate the problem within normal business hours (if the issue cannot be resolved remotely). Exceptions to this calculation for Key SLA #3 include time outside of normal business hours, weekends, Government holidays, or Force Majeure events. For Example: Assume the Proposer proposed an SLA of 6 business hours for Key SLA #3. Of the 530 questions from the Department of Education reported during March 2019, 27 were resolved remotely in less than 6 business hours. For the remaining 503, the Proposer sent a technician to the location of the faulty Copiers in 6 business hours or less 471 times, meeting the six hour SLA target 93.64% of the time. This is 1.36% less than the 95.00% SLA target for a technician to arrive on site. Since 1.36% is more than 1.00% and less than or equal to 2.00%, this is a medium-severity violation. According to table 2.1-1, the minimum penalty due to the Department of Education for a medium-severity violation for Key SLA #3 is 0.15%.

Key SLA #4: The Proposer shall propose a maximum time in business hours for a Copier to be brought back to satisfactory “working order” or replaced, calculated from the time of initial service call (e.g. 18 business hours) with an SLA target of 95.00%. Working order is measured from the time when a Government of Puerto Rico employee calls the Proposer’s customer service number or sends an email to the Proposer’s customer service email box, and the time when the Copier is brought back to satisfactory condition or replaced with an equivalent product or better that is in satisfactory working order. Exceptions to this calculation for Key SLA #4 include time outside of normal business hours, weekends, Government holidays, or Force Majeure events.

For Example: Assume the Proposer proposed an SLA of 18 business hours for Key SLA #4. Of the 530 defective copiers Department of Education reported in March 2019, the Proposer was able to repair 278 and replace another 243 with an equivalent or better product in satisfactory working order in less than the 18 hour SLA target. Since the Proposer met the requirement SLA 98.30% of the time, it exceeded the minimum SLA target of 95.00%. According to table 2.1-1, the Proposer does not owe a penalty to Department of Education for Key SLA #4 for performance in March 2019.

Key SLA #5: The Proposer shall propose a minimum time in business hours to “install” new Copiers (e.g. 18 business hours) with an SLA target of 95%. Install time is measured between the date when a new Purchase Order is executed and when the Copier is installed and functioning as required to perform intended functions, within normal business hours. Exceptions to this calculation for Key SLA #5 include time outside of normal business hours, weekends, Government holidays, or Force Majeure events.

For Example: Assume the Proposer proposed an SLA of 18 business hours for Key SLA #5. In March 2019, the Proposer received Purchase Orders for 727 new Copiers from the Department of Education. It installed 713 Copiers in less than the 18 hour SLA requirement. Since the Proposer met the SLA 98.07% of the time, it exceeded the minimum SLA target of 95.00%. According to

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table 2.1-1, the Proposer does not owe a penalty to the Department of Education for Key SLA #5 for performance in March 2019.

2.3 Technical Approach (Maximum of seven (7) pages) The Technical Approach must detail the Proposer’s approach for meeting each of the technical requirements, and must reflect a practical and feasible method to accomplish them. The technical requirements are as follows:

Table 2.3-1. Technical Approach Requirements.

Performance Areas

Name Requirement

I Reporting

1. The Proposer shall provide one monthly line-item invoice report in electronic format (e.g. Excel, CSV) to each instrumentality and copy to ASG with the following fields: Instrumentality Name, Location, Copier Type, OEM and Model Name, Configuration Type, Lease Price per month, Order, Quantity, Maximum Monthly Volume of pages, Number of Pages Used per month, calculations of Key SLAs #1, #2, #3, #4, and #5 (to include supporting data and exceptions), Order Date, Invoice Date, and Invoice Amount. The Proposer shall describe how it will meet this requirement.

II Account Management

1. The Proposer shall briefly outline its proposed account management approach and how it will support multiple decentralized Government Instrumentalities with decentralized usage, including remote locations across Puerto Rico.

2. Proposer shall describe its approach to assign Account Manager(s) and its approach to work with ASG and Government Instrumentalities throughout the term of the contract to help them with any delivery, quality, contract, order, and all other non-technical support interactions.

3. The Proposer shall describe its approach to provide the same level of account management services across all regions of Puerto Rico (refer to the map of the island in Delivery, Installation, & Related Services - question 1).

III Uptime 1. Key SLA #1: The Proposer shall propose a minimum monthly uptime SLA target (e.g. 95%) and describe its approach to meet that target each month.

IV Preventive Maintenance

1. The Proposer shall describe its proposed schedule for the preventive maintenance of Copiers (i.e., after how many clicks will you schedule the preventive maintenance of the Copier). The Proposer shall propose a not to exceed percentage of business hours available in a month for all copiers that scheduled preventative maintenance shall not exceed (e.g. 5. 00%). There shall be no difference between preventative maintenance of Copiers in San Juan’s Metropolitan areas and in other regions on the island (refer to the map of the island in Delivery, Installation, & Related Services - question 1).

2. The Proposer shall provide its proposed schedule for the software/firmware upgrades or part/component upgrades after the release. There shall be no difference between scheduled upgrades in San Juan’s Metropolitan areas and those offered in other regions on the island (refer to the map of the island in Delivery, Installation, & Related Services - question 1).

V

Technical Support & Remedial Maintenance

1. The Proposer shall provide customer service support in both the Spanish and English language during the hours of 8:00 AM to 5:00 PM AST.

2. The Proposer shall provide its approach to meet the following requirements for remedial maintenance and support for all the regions of the island:

a. Key SLA #2: The Proposer shall propose a maximum “call back” time in business hours to answer a question or establish technician’s estimated time of arrival for service (e.g. 2 business hours) and describe its approach to meet that requirement with an SLA target of 95.00%. The Proposer shall describe its approach to provide the same level of services for this SLA across all

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Performance Areas

Name Requirement

regions on the island (refer to the map of the island in Delivery, Installation, & Related Services - question 1).

b. Key SLA #3: The Proposer shall propose a maximum “response” time in business hours for a technician to arrive on site from the initial service call (e.g. 6 business hours) and describe its approach to meet that requirement with an SLA target of 95.00%. The Proposer shall describe its approach to provide the same level of services for this SLA across all regions of Puerto Rico (refer to the map of the island in Delivery, Installation, & Related Services - question 1).

c. Key SLA #4: The Proposer shall propose a maximum time in business hours (e.g. 18 business hours) for a Copier to be brought back to satisfactory “working order” or replaced, calculated from the time of initial service call, and describe its approach to meet that requirement with an SLA target of 95.00%. The Proposer shall describe its approach to provide the same level of services for this SLA across all regions of Puerto Rico (refer to the map of the island in Delivery, Installation, & Related Services - question 1).

VI

Delivery, Installation & Related Services

1. Most of the orders are expected to be delivered in San Juan’s Metropolitan Area (see Zone #3 highlighted in red on the map below), however, there will be some orders outside this area. The Proposer shall describe its approach to provide delivery, installation, configuration, and testing services for all Copiers across Puerto Rico.

2. The Proposer shall provide a capability to enable the Government to place orders through the internet using a Proposer-provided website that contains a Government-specific catalog containing lease prices from the Proposer’s price sheet – following RFP execution. The Proposer shall describe its approach to meet this requirements. ASG will approve who from the Government of Puerto Rico has access to this site and the timing of when this site will be available.

3. Key SLA #5: The Proposer shall propose a minimum time in business hours (e.g. 18 business hours) to install new Copiers, calculated as the time between when a Purchase Order is executed and when the Copier is installed and functioning as required to perform intended functions, and describe its approach to meet this requirement with an SLA target of 95%. The Proposer shall describe its approach to provide the same level of services for this SLA across all regions on the island (refer to the map of the island in Delivery, Installation, & Related Services - question 1).

4. The Proposer shall describe its approach to manage the risk that sufficient inventory of Copiers will not be available to meet the demands of this contract within service delivery requirements.

VII 1. Proposer shall work with the Government Instrumentalities with different security requirements to ensure the confidentiality and security of documents and information

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Performance Areas

Name Requirement

Security Requirements

that pass through the Copiers. The Proposer shall describe its approach to meet this requirement.

2. At the end of the contract term, the Government will retain ownership of each Copier’s hard drive. The Proposer shall describe its approach to meet this requirement.

2.4 Past Performance (Maximum of three (3) pages)

Proposers must provide contact information (name, title, company, address, phone number, and email address) for at least three references (public sector clients preferred) where the Proposer has executed work that is similar to the work requested in this RFP. References shall be dated within the past five (5) years of the RFP closing date. Proposers must provide answers to the questions listed in Table 2.4-1 for each of the three references (one page for each reference). The Proposer shall reference the Performance Category and the question number when providing the responses.

Table 2.4-1. Past Performance Requirements.

Performance Category

Questions

Scope of Work

1. What was the scope of the work performed in your past engagement?

Dollar Amount

1. What was the amount of the contract/purchases with this client for over a year?

Reporting

1. Did you ever provide any electronic reports to your customer regarding the items leased to them?

2. Did you have any service level agreements with the customer? What were the consequences if you failed to meet the service levels?

Delivery 1. How was your delivery schedule arranged with this customer? What was the delivery

frequency?

Availability 1. During the time of your contract with the customer, did you have any problems related to

not fulfilling the orders because of product’s unavailability? If so, how was this communicated to the customer? Which actions were taken in order to reduce the impact?

Account Management

1. Was there a single point of contact for your customer? How was Account Management handled?

ASG may contact these references to verify this information.

Responses to Past Performance will be taken into consideration to understand vendor capabilities, but will not be evaluated or scored.

3.0 RFP Response Proposal Format Requirements The proposal submissions must contain the sections below and respect page limits stated for each section. Pages submitted in excess of the stated page limitations will not be taken into consideration and will not be evaluated. Pages must be single-spaced on 8½ by 11 inch paper, with a minimum one-inch margin all around. Pages shall be numbered consecutively and use a 12-point font of Times New Roman.

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Respondent’s proposal shall be formatted as follows:

3.1 Documents I & II (II is the Redacted Copy): RFP Response Document

3.1.1 Cover Letter (One (1) page)

Proposers must complete and submit the one (1) page Cover Letter as part of Documents I and II. The Cover Letter contains instructions on how to provide Proposer information.

3.1.2 Technical Approach (Maximum of seven (7) pages)

In a maximum of seven (7) pages, the Proposers shall provide answers to meet the SLA requirements listed in section 2.2 and the questions listed in Table 2.3-1 for each of the Performance Areas of the Technical Approach: Reporting, Account Management, Uptime, Preventive Maintenance, Technical Support & Remedial Maintenance, Delivery, Installation, & Related Services, and Security Requirements.

3.1.3 Past Performance (Maximum of three (3) pages)

In a maximum of three (3) pages, Proposer shall provide responses to the information requested in Section 2.3 (Past Performance (Maximum of three (3) pages)). Responses to Past Performance will be taken into consideration to understand vendor capabilities, but will not be evaluated or scored.

3.2 Document III: Lease Pricing Worksheet

3.2.1 Lease Pricing (No page limit. Submit Lease Pricing Worksheet)

Proposers shall provide monthly lease price per Copier equipment and per click price for other related services for the Copiers listed in the Lease Pricing Worksheet. This must be submitted as a separate file in electronic form via email.

Proposers shall use the format provided and follow the Worksheet Instructions to populate the Worksheet. If any Proposer makes substantial omissions or format changes to the Worksheet, ASG reserves the right to deduct points from the Proposer’s score or reject the entire proposal.

4.0 Evaluation, Selection, and Award 4.1 Round 1: Initial Evaluation

The Government expects to award one or multiple contracts for the requirements outlined in this RFP to the proposals that represents the Best Value to the Government. The Bid Board will evaluate the Lease Pricing Proposal and Technical Approach and decide on an award scenario based on the Combined Evaluation Scores.

At any point during the evaluation period, ASG reserves the right to contact Proposers for clarifications about their Proposals. The purpose of these clarifications is not to obtain additional information not originally submitted in the proposal, but rather to obtain a better understanding of the content provided.

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For the calculation of Combined Evaluation Scores for each proposal, the Government has established the following weights for the requirement areas of Lease Pricing and Technical Approach in Section 2.

Table 4.1-1. Weight for each requirement areas.

Requirements Weight Maximum Score (out of 1,000)

Lease Pricing 80% 800

Technical Approach 20% 200

The method of calculation of Combined Evaluation Score is further explained below.

4.1.1 Lease Pricing Proposal Evaluation

A weight of 80% has been assigned to the Lease Pricing section in calculating the Combined Evaluation Score for each proposal. The following criteria will be used to evaluate the lease pricing provided by each Proposer for different Configuration Types in the Lease Pricing Worksheet:

4.1.1.1 Price Fairness Evaluation

Quoted Lease Prices per month for equipment and Quoted Prices per click for services proposed by each Proposer for different Configuration Types will be first evaluated for reasonableness and fairness by applying one or more statistical price analysis techniques that identify outlier prices. 4.1.1.2 Pricing Evaluation Score

Post price fairness evaluation, the Government will calculate the Pricing Evaluation Score for each proposal based on the 80% weight assigned to it. Since there are two types of prices associated with leasing of Copier here – Quoted Equipment Lease Price per month for the equipment and Quoted Service Price per click for essential services, this 80% will be distributed across them in the following way:

Table 4.1.1-1. Weight for equipment lease price and services price

Price Type Weight Maximum Score (out of 800)

Equipment Lease Price 70% 560

Service 30% 240

Thus, the Pricing Evaluation Score will be the sum of scores achieved by each Proposer for the two quoted prices.

The method for calculating the Equipment Lease Price Evaluation Score and Service Price Evaluation Score has been explained below:

Pricing Evaluation Score = Equipment Lease Price Evaluation Score + Service Price Evaluation

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4.1.1.2.1 Equipment Lease Price Evaluation

A Proposer that provides the lowest Quoted Equipment Lease Price per month for equipment will achieve maximum number of points for the Equipment Lease Price evaluation criteria which is 560. Other Proposers will then achieve points proportionally based on their Quoted Equipment Lease Price as compared to the lowest Quoted Equipment Lease Price. Equipment Lease Price Evaluation Score for each proposal can be calculated as follows:

Table 4.1.1-2. Formula for calculating Equipment Lease Price Evaluation Score

Type of Score Formula used for calculating the respective scores (out of 560)

Equipment Lease Price Evaluation Score

Maximum points that can be given to a proposal for the lowest Quoted Equipment Lease Price * (Lowest Quoted Equipment Lease Price across all proposals ÷ Quoted Equipment Lease Price of the proposal being evaluated)

4.1.1.2.2 Service Price Evaluation

A Proposer that provides the lowest Quoted Price per click for all the related services will achieve maximum number of points for the service price evaluation criteria which is 240. Other Proposers will then achieve points proportionally based on their Quoted Price per click as compared to the lowest Quoted Price per click. Service Price Evaluation Score for each proposal can be calculated as follows:

Table 4.1.1-3. Formula for calculating Service Price Evaluation Score

Type of Score Formula used for calculating the respective scores (out of 240)

Service Price Evaluation Score

Maximum points that can be given to a proposal for the lowest Quoted Price Per click * (Lowest Quoted Price per click across all proposals ÷ Quoted Price per click of the proposal being evaluated)

4.1.2 Technical Approach Evaluation

The Technical Approach will be evaluated to determine the extent to which it demonstrates the Proposer’s ability to fulfill the technical requirements. A weight of 20% has been assigned to the Technical Approach in calculating the Combined Evaluation Score for each proposal. If the proposer fails to provide a complete Technical Approach, its response will not be eligible for further consideration. The following criteria will be used to evaluate the responses provided by each Proposer for the Technical Requirement:

4.1.2.1 Performance Areas Score

For calculating the Technical Evaluation Score, first each of the performance areas listed in the Technical Approach: Reporting, Account Management, Uptime, Preventive Maintenance, Technical Support & Remedial Maintenance, Delivery, Installation, & Related Services, and Security Requirements, will be evaluated and scored based on the evaluation guide detailed below in Table 4.1.2-1. A Proposer that achieves the highest rating for the seven performance areas will obtain a maximum Performance Area Score of one-hundred (100) points.

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Table 4.1.2-1. Performance Areas Evaluation Guide.

Performance Area Maximum Points

Reporting 20

Account Management 20

Uptime 40

Preventive Maintenance

20

Technical Support & Remedial Maintenance

40

Delivery, Installation, & Related Services

40

Security Requirements 20

The score obtained for a particular performance area is dictated by the ability of the Proposer to satisfactorily meet the requirements of that performance area. Responses to questions in each performance area will be scored based on the performance areas evaluation scale detailed below in Table 4.1.2-2.

Table 4.1.2-2. Performance Areas Evaluation Scale.

Performance Area

Unacceptable (0% of Maximum Score for a

Performance Area)

Acceptable (50% of Maximum Score for a

Performance Area)

Good (75% of Maximum Score for a

Performance Area)

Outstanding (100% of Maximum Score for a

Performance Area)

Reporting

Response does not meet requirements of the RFP, containing one or more deficiencies, and is therefore not eligible for further consideration. Deficiencies may include: 1) Failure to provide the invoice report in electronic format; 2) Failure to report on any of the following in the invoice report: Instrumentality Name, Location, Copier Type, OEM and Model Name, Configuration Type, Lease Price per month, Order, Quantity, Maximum Monthly Volume of pages, Number of Pages Used per month, calculations of Key SLAs #1, #2, #3, #4, and #5 (to include supporting data and exceptions), Order

Response indicates an adequate approach and understanding of the requirements with no deficiencies. The Proposer proposed an adequate approach to provide line-item invoice reports in electronic format, excel or CSV. The invoice report includes all of the following: Instrumentality Name, Location, Copier Type, OEM and Model Name, Configuration Type, Lease Price per month, Order, Quantity, Maximum Monthly Volume of pages, Number of Pages Used per month, calculations of Key SLAs #1, #2, #3, #4, and #5 (to include supporting data and exceptions), Order Date, Invoice Date, and Invoice Amount.

In addition to meeting minimum “Acceptable” criteria, the response indicates a thorough approach and understanding of the requirements with no deficiencies. The Proposer proposed a realistic approach with supporting evidence of its ability to provide line-item invoice reports in electronic format, excel or CSV. The invoice report includes all of the following: Instrumentality Name, Location, Copier Type, OEM and Model Name, Configuration Type, Lease Price per month, Order, Quantity, Maximum Monthly Volume of pages, Number of Pages Used per month, calculations of Key SLAs #1, #2, #3, #4, and #5 (to include supporting data and exceptions), Order Date,

In addition to meeting minimum “Acceptable” criteria, the response indicates an exceptional approach and understanding of the requirements with no deficiencies. The Proposer proposed an exceptional approach based on strong supporting evidence of its ability to provide line-item invoice reports in electronic format, excel or CSV. The invoice report includes all of the following: Instrumentality Name, Location, Copier Type, OEM and Model Name, Configuration Type, Lease Price per month, Order, Quantity, Maximum Monthly Volume of pages, Number of Pages Used per month, calculations of Key SLAs #1, #2, #3, #4, and #5 (to include supporting data and

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Performance Area

Unacceptable (0% of Maximum Score for a

Performance Area)

Acceptable (50% of Maximum Score for a

Performance Area)

Good (75% of Maximum Score for a

Performance Area)

Outstanding (100% of Maximum Score for a

Performance Area)

Date, Invoice Date, and Invoice Amount.

Invoice Date, and Invoice Amount.

exceptions), Order Date, Invoice Date, and Invoice Amount.

Account Management

Response does not meet requirements of the RFP, containing one or more deficiencies, and is therefore not eligible for further consideration. Deficiencies may include: 1) The Proposer did not propose an account management approach for supporting all Government instrumentalities; 2) The Proposer failed to provide an approach to assign account manager(s) and did not describe how it will work with ASG and Government Instrumentalities throughout the term of the contract to help them with any delivery, quality, contract, order, and all other non-technical support interactions; 3) the proposer failed to describe a realistic approach to provide account management services across all regions of Puerto Rico.

Response indicates an adequate approach and understanding of the requirements with no deficiencies. Proposer provided an adequate description of its account management approach to support Government instrumentalities across all regions of Puerto Rico. It described its approach to name account manager(s) to work with ASG and Government instrumentalities and how it will work with ASG and Government Instrumentalities across the term of the contract to assist them with any delivery, quality, contract, order and all other non-technical support interactions. Finally, it described an adequate approach to provide equivalent account management services across all regions of Puerto Rico.

In addition to meeting minimum “Acceptable” criteria, the response indicates a thorough approach and understanding of the requirements with no deficiencies and contains at least one strength. Strengths may include (but are not limited to) one of the following: 1) Proposer proposed a detailed, realistic account management approach with supporting evidence of its ability to execute its approach to support all Government instrumentalities; 2) It described a detailed, realistic approach with supporting evidence of its ability to execute its approach to name account manager(s) to work with ASG and Government instrumentalities and how it will work with ASG and Government Instrumentalities across the term of the contract to assist them with any delivery, quality, contract, order and all other non-technical support interactions; 3) It described a detailed, realistic approach with supporting evidence of its ability to execute its approach to provide equivalent account management services across all regions of Puerto Rico.

In addition to meeting minimum “Acceptable” criteria, the response indicates an exceptional approach and understanding of the requirements with no deficiencies and contains multiple strengths. Strengths may include (but are not limited to) multiple of the following: 1) Proposer proposed a detailed, exceptional account management approach with strong supporting evidence of its ability to execute its approach to support all Government instrumentalities; 2) It described a detailed, exceptional approach with strong supporting evidence of its ability to execute its approach to name account manager(s) to work with ASG and Government instrumentalities and how it will work with ASG and Government Instrumentalities across the term of the contract to assist them with any delivery, quality, contract, order and all other non-technical support interactions; 3) It described a detailed, exceptional approach with strong supporting evidence of its ability to execute its approach to provide equivalent account management services across all regions of Puerto Rico.

Uptime

Response does not meet requirements of the RFP, containing one or more

Response indicates an adequate approach and understanding of the requirements with no

In addition to meeting minimum “Acceptable” criteria, the response indicates a thorough

In addition to meeting minimum “Acceptable” criteria, the response indicates an exceptional

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Performance Area

Unacceptable (0% of Maximum Score for a

Performance Area)

Acceptable (50% of Maximum Score for a

Performance Area)

Good (75% of Maximum Score for a

Performance Area)

Outstanding (100% of Maximum Score for a

Performance Area)

deficiencies, and is therefore not eligible for further consideration. Deficiencies may include: 1) The Proposer did not propose a minimum monthly uptime SLA target; 2) The SLA target the proposer proposed was so low it did not support the Government’s interests; and/or 3) the proposer failed to describe a realistic approach to meet the SLA target each month.

deficiencies. The Proposer provided an uptime SLA target that supported the Government’s interests AND proposed an adequate approach to meet that SLA target.

approach and understanding of the requirements with no deficiencies and contains at least one strength. Strengths may include (but are not limited to) one of the following: 1) The proposer proposed an uptime SLA that is greater than or equal to 96%; 2) The proposer proposed a detailed, realistic approach with supporting evidence of its ability to execute its approach to meet the SLA target.

approach and understanding of the requirements with no deficiencies and contains multiple strengths. Strengths may include (but are not limited to) multiple of the following: 1) The proposer proposed an uptime SLA that is greater than or equal to 96%; 2) The proposer proposed a detailed, exceptional approach with strong supporting evidence of its ability to execute its approach to meet the SLA target.

Preventive Maintenance

Response does not meet requirements of the RFP, containing one or more deficiencies, and is therefore not eligible for further consideration. Deficiencies may include: 1) Failure to propose scheduled preventative maintenance adequate to support reliable operation of copiers; 2) Proposed scheduled preventative maintenance is excessive and disrupts business operations; 3) Scheduled preventative maintenance does not support all regions of Puerto Rico equally (including software and firmware updates).

Response indicates an adequate approach and understanding of the requirements with no deficiencies. Scheduled preventative maintenance will be adequate to support reliable operation of copiers, is not excessive, and will support all regions of Puerto Rico equally (including software and firmware updates). The proposer provided an adequate description of its approach to schedule preventative maintenance.

In addition to meeting minimum “Acceptable” criteria, the response indicates a thorough approach and understanding of the requirements with no deficiencies and contains at least one strength. Strengths may include (but are not limited to) one of the following: 1) The Proposer provided a clear description of how it developed its proposed preventative maintenance schedule and an analysis of why its proposed schedule will be adequate to support reliable operations of copiers (without being excessive); 2) The Proposer provided a description of how the Proposer intends to provide equivalent preventative maintenance support across all regions of Puerto Rico and evidence of its ability to execute its proposed approach.

In addition to meeting minimum “Acceptable” criteria, the response indicates an exceptional approach and understanding of the requirements with no deficiencies and contains multiple strengths. Strengths may include (but are not limited to) Multiple of the following: 1) The Proposer provided a clear description of how it developed its proposed preventative maintenance schedule and an analysis of why its proposed schedule will be adequate to support reliable operations of copiers (without being excessive); 2) The Proposer shall provide a description of how the Proposer intends to provide equivalent preventative maintenance support across all regions of Puerto Rico and strong supporting evidence of

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Performance Area

Unacceptable (0% of Maximum Score for a

Performance Area)

Acceptable (50% of Maximum Score for a

Performance Area)

Good (75% of Maximum Score for a

Performance Area)

Outstanding (100% of Maximum Score for a

Performance Area)

its ability to execute its proposed approach.

Technical Support & Remedial Maintenance

Response does not meet requirements of the RFP, containing one or more deficiencies, and is therefore not eligible for further consideration. Deficiencies may include: 1) Failure to provide customer service support between 8:00 a.m. AST to 5:00 p.m. AST, 2) The Proposer did not propose a “maximum call back time”, “maximum response time” or and “maximum time to be brought back to satisfactory working order” or the proposed times are inadequate to meet the needs of the Government, 3) Failure to provide same level of services across all regions of Puerto Rico.

Response indicates an adequate approach and understanding of the requirements with no deficiencies. Remedial maintenance support is adequate to resolve technical issues in the copiers with lesser disruption of the regular business operations, and supports all regions equally. The Proposer proposed customer service support between 8:00 a.m. AST to 5:00 p.m. AST, and a “maximum call back time”, “maximum response time” and “maximum time to be brought back to satisfactory working order” that were adequate to meet the needs of the Government with the same level of service across all regions of Puerto Rico.

In addition to meeting minimum “Acceptable” criteria, the response indicates a thorough approach and understanding of the requirements with no deficiencies and contains at least one strength. Strength may include (but are not limited to) one of the following: 1) The Proposer proposed “maximum call back time”, “maximum response time” and “maximum time to be brought back to satisfactory working order” that clearly support the business needs of the Government; 2) The proposer proposed a detailed and realistic description of its approach and evidence of its ability to meet its proposed “maximum call back time”, “maximum response time” and “maximum time to be brought back to satisfactory working order”

In addition to meeting minimum “Acceptable” criteria, the response indicates an exceptional approach and understanding of the requirements with no deficiencies and contains multiple strengths. Strength may include (but are not limited to) multiple of the following: 1) The Proposer proposed “maximum call back time”, “maximum response time” and “maximum time to be brought back to satisfactory working order” that clearly support the business needs of the Government; 2) The proposer proposed a detailed and realistic description of its approach and evidence of its ability to meet its proposed “maximum call back time”, “maximum response time” and “maximum time to be brought back to satisfactory working order”

Delivery, Installation, & Related Services

Response does not meet requirements of the RFP, containing one or more deficiencies, and is therefore not eligible for further consideration. Deficiencies may include: 1) Inability to provide delivery, installation, configuration and/or testing services for Copiers across all regions of Puerto Rico; 2) Failure to provide a

Response indicates an adequate approach and understanding of the requirements with no deficiencies. The Proposer proposed 1) An adequate approach to provide delivery, installation, configuration and testing services across all regions of Puerto Rico; 2) An adequate approach to provide a Government-specific catalog to place orders through the internet; 3)

In addition to meeting minimum “Acceptable” criteria, the response indicates a thorough approach and understanding of the requirements with no deficiencies and contains at least one strength. Strengths may include (but are not limited to) one of the following: 1) A detailed approach with evidence of its ability to execute its approach to provide delivery, installation,

In addition to meeting minimum “Acceptable” criteria, the response indicates an exceptional approach and understanding of the requirements with no deficiencies and contains multiple strengths. Strengths may include (but are not limited to) multiple of the following: 1) A detailed, exceptional approach with strong evidence of its ability to execute its

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Performance Area

Unacceptable (0% of Maximum Score for a

Performance Area)

Acceptable (50% of Maximum Score for a

Performance Area)

Good (75% of Maximum Score for a

Performance Area)

Outstanding (100% of Maximum Score for a

Performance Area)

Government-specific catalog for placing orders through the internet; 3) The Proposer did not propose a minimum time to install new Copiers; 4) Failure to describe its approach to keep sufficient inventory for meeting the demands of all instrumentalities across the Government.

A minimum time to install new Copiers; 4) An adequate approach to maintain sufficient inventory to meet the demands of all instrumentalities across the Government.

configuration and/or testing services for Copiers across all regions of Puerto Rico; 2) A detailed approach and evidence of its ability to execute its approach to provide a website with Government-specific catalog; 3) A “minimum time to install new Copiers” that clearly supports the business needs of the Government and a description of the proposer’s approach, with supporting evidence of its ability to meet this SLA requirement; 4) A description of its approach to keep sufficient inventory to meet the demands of the of the Government on time and supporting evidence of its ability to execute this approach

approach to provide delivery, installation, configuration and/or testing services for Copiers across all regions of Puerto Rico; 2) A detailed, exceptional approach with strong evidence of its ability to execute its approach to provide a website with Government-specific catalog; 3) A “minimum time to install new Copiers” that clearly supports the business needs of the Government and a description of the proposer’s approach, with strong supporting evidence of its ability to meet this SLA requirement; 4) A clear description of its approach to keep sufficient inventory to meet the demands of the of the Government on time and supporting evidence of its ability to execute this approach

Security Requirements

Response does not meet requirements of the RFP, containing one or more deficiencies, and is therefore not eligible for further consideration. The deficiencies may include the following: 1) Inability to meet the requested security requirements to protect the confidentiality of the documents that pass through Copiers; 2) The Proposer failed to describe its approach to allow the Government to retain ownership of each Copier’s hard drive.

Response indicates an adequate approach and understanding of the requirements with no deficiencies. The Proposer 1) Proposed an adequate approach to work with Government instrumentalities to ensure the confidentiality and security of documents and information that pass through Copiers, 2) Adequately described its approach to allow the Government to retain ownership of each Copier’s hard drive.

In addition to meeting minimum “Acceptable” criteria, the response indicates a thorough approach and understanding of the requirements with no deficiencies and contains at least one strength. Strengths may include (but are not limited to) one of the following: 1) A detailed approach with supporting evidence of its ability to execute its approach to work with different Government instrumentalities to ensure the confidentiality and security of documents and information that pass

In addition to meeting minimum “Acceptable” criteria, the response indicates an exceptional approach and understanding of the requirements with no deficiencies and contains multiple strengths. Strengths may include (but are not limited to) multiple of the following: 1) A detailed, exceptional approach with strong supporting evidence of its ability to execute its approach to work with different Government instrumentalities to ensure the confidentiality and security of

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Performance Area

Unacceptable (0% of Maximum Score for a

Performance Area)

Acceptable (50% of Maximum Score for a

Performance Area)

Good (75% of Maximum Score for a

Performance Area)

Outstanding (100% of Maximum Score for a

Performance Area)

through the Copiers; 2) A detailed approach of how the Proposer will hand over each Copier’s hard drive to the Government and evidence of its ability to execute this approach; 3) Description of the current methods being used by the Proposer for protecting the security of documents in other similar contracts.

documents and information that pass through the Copiers; 2) A detailed, exceptional approach of how the Proposer will hand over each Copier’s hard drive to the Government and evidence of its ability to execute this approach; 3) Clear description of the current methods being used by the Proposer for protecting the security of documents in other similar contracts.

4.1.2.2 Technical Evaluation Score

The total Performance Area Score will be used for calculating the Technical Evaluation Score for each Proposer based on the 20% weight assigned to Technical Approach by the Government. A Proposer who scores full two-hundred (200) points in the Performance Area Score will achieve maximum number of points for the Technical Evaluation. Other Proposers will then achieve points proportionally based on their Performance Areas Score. Technical Evaluation Score for each Proposer can be calculated as follows: Table 4.1.2-3. Formula for calculating Technical Evaluation Score.

Type of Score Formula used for calculating the respective scores (out of 200)

Technical Evaluation Score Maximum points that can be given to a Proposer for maximum score in the performance areas section * (Performance Area Score of the Proposer being evaluated ÷ Maximum possible Performance Area Score)

4.1.3 Combined Evaluation Score

Combined Evaluation Scores for each proposal will then be calculated using following formula:

These Combined Evaluation Scores for each proposal are used to determine the proposals which represent Best Value to the Government. Hence, it is possible that an award for any given item may not go to the Proposer with the lowest price if, in the judgement of the Government, higher-priced Proposers offer the best overall value to the Government.

Combined Evaluation Score = Pricing Evaluation Score + Technical Evaluation

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4.2 Round 2: Best and Final Offer Evaluation

Based on the responses from Round 1, if the objectives of the RFP are not met a Best and Final Offer will be requested from the Proposers to allow them the opportunity to submit their last and most attractive lease pricing.

4.3 Selection

The lease pricing received in the Best and Final Offer will be re-evaluated to find an optimal scenario that meets the objectives of the RFP. The Bid Board will examine all proposals submitted before making an award.

4.4 Award

Upon adjudication of the award(s) by the Bid Board, the Secretary of the Board will notify all Proposers. The notification of the award of the RFP will not constitute the formal agreement between the parties. It will be necessary to execute the corresponding contract.

a. Commitment by Award: No Proposer is authorized to deliver merchandise or offer services without a contract being awarded, therefore, no Government Instrumentality will guarantee payment without a contract. After the contract is executed, the Government can place purchase orders for merchandise or services.

Upon award issuance, the selected Proposer must procure the guarantees required under the General Terms and Conditions of the Contract, meet all the requirements set forth in those General Terms and Conditions, and provide proof of such guarantees to ASG to establish the contract. If the selected Proposer refuses to enter into such contract or does not sign said contract within the time specified in the Notice of Award or specified by the Procurement Contracts Unit of ASG, and has not submitted reasonable prior justification, the Proposer shall not be considered to have entered into a contract with ASG. In such a situation, ASG’s Administrator may apply the provisions of Article 76 of Regulation 5 (3380) "Auction Rules".

5.0 Other Terms & Conditions 5.1 Review Board Period

Any party adversely affected by a decision made by the Bid Board in connection with the selection and award procedures provided in this RFP may submit a request for reconsideration to the Bid Board within twenty (20) days of deposit of this notification by U.S. Postal Service in accordance with Section 3.19 of the Uniform Administrative Procedure Act, Law No. 38 of June 30, 2017, as amended, (the “UAPA”). The Review Board shall consider any request for reconsideration within a period of thirty (30) days of receipt, which may be extended for fifteen (15) additional days. Thereafter and pursuant to Section 4.2 of the UAPA, judicial review may be filed before the Puerto Rico Court of Appeals within twenty (20) days of notification of a decision by the Review Board, or from the expiration of the period for consideration established in Section 3.19 of Law 38 of 2017. Alternatively, an adversely affected party may directly seek judicial review from the Court of Appeals pursuant to Section 4.2 of the UAPA within twenty (20) days of deposit of this notification by U.S. Postal Service. A request for reconsideration or other petition for review that fails to comply with applicable laws and/or regulations may be

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dismissed or denied without further consideration. The filing of a request for reconsideration or for judicial review will not have the effect of staying the adjudication of the RFP or the execution of the contract.

5.2 Rejection of Proposals; Cancellation of RFP

Issuance of this RFP does not constitute a commitment to award a contract. ASG reserves the right to accept or reject, in whole or part, and without further explanation, any or all proposals submitted and/or cancel this RFP and reissue it or another version of it, if ASG deems that doing so is in the best interest of the Government.

Additionally, the Government reserves the right to make investigations as it deems necessary as to the qualifications or perceived conflicts of interest of any and all Proposers submitting proposals in response to this RFP. Any appearance of a conflict of interest shall constitute sufficient cause for the outright rejection of a proposal(s). In the event that any or all proposals are rejected, the Government reserves the right to re-solicit proposals.

5.3 Waiver Informalities

The Government reserves the right to waive any minor format non-compliance and/or informalities of the submitted proposals if doing so is in the best interest of the government.

5.4 Errors and Omissions in Proposal

ASG reserves the right to reject a proposal that contains an error or omission. ASG also reserves the right to request correction of any errors or omissions and/or to request any clarification or additional information from any Proposer, without opening up clarifications for all Proposers.

5.5 Cost of Preparing Proposal All costs associated with the response to this proposal are the sole responsibility of the Proposer.

5.6 Prohibited Communications

Communications with other representatives of the Government regarding any matter related to the contents of this RFP are prohibited during the submission and selection processes. Failure to comply with these communications restrictions may result in rejection of the proposal. Proposers should rely only on representations, statements, or explanations contained in this RFP, in documents that ASG provides to Proposers and in any formal written addenda as may be issued by ASG at any time during this RFP process.

5.7 Public Announcements

Any information or public announcement related to this RFP will be made by ASG through its website (www.asg.pr.gov/ReformaCompras/Pages/default.aspx). Any information or other public announcements related to this RFP shall not be made by any party, including Proposers, without the prior written approval of ASG.

5.8 Deposit and Guarantees

Performance Bond: The deposit will be backed by the Proposer whereby the Proposer assures the Government that it will comply with the terms of the contract arising from this RFP. The

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deposit (payable at the time of award notification) will ensure that the vendor fulfills its obligations according to the terms and conditions of its proposal. Failure to comply and having to go to the next vendor, the price difference will be covered by this guarantee. This guarantee must be original. For this RFP, a performance bond of twenty-five percent (25%) of the Proposer’s proposal value is required.

6.0 Proposer’s Certifications By the act of submitting a proposal, the person signing on behalf of the Proposer certifies, under the penalty of perjury, that, to the best of the Proposer's and such person's knowledge and belief:

The Lease Pricing and Technical Approach in the proposal have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such Lease Pricing, Technical Approach and Past Performance with any other Proposer or with any other competitor who is not a Proposer.

Unless otherwise required by law, the Lease Pricing and Technical Approach that have been proposed have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to the proposal submission deadline, directly or indirectly, to any other Proposer or to any other competitor who is not a Proposer.

No attempt has been made or will be made by the Proposer to induce any other person, partnership, corporation, or the Government Instrumentality to submit or not submit a proposal for the purposes of affecting competition.

The Proposer is not in arrears to the Government upon any debt or contract, has not defaulted upon any obligation to the Government, and has not been declared "not responsible" or been disqualified to do business by the Government, any other State in the Union or the Federal Government, nor is there any proceeding pending relating to the responsibility or qualification of the Proposer to receive public contracts.

The Proposer is aware of, and agrees to abide by, all the terms and conditions of this RFP.

7.0 Confidentiality of Responses & Proprietary Information Upon completion of this RFP process and after the award has been announced, ASG will make public its report regarding the selection process, which shall contain specific information included in the proposal and related to the process. ASG will not divulge information designated by the Proposer in the proposal as confidential, proprietary or privileged because it is related to trade secrets, pricing, and proprietary or privileged information. All information considered by the Proposer as confidential, proprietary and privileged needs to be designated as such in the proposal.

ASG may reject proposals containing substantial contents marked as confidential, proprietary or privileged. Provision of any information marked as confidential or proprietary shall not prevent ASG from disclosing such information if required by law. The ultimately awarded contract(s) and all lease prices set forth therein shall not be considered confidential or proprietary, and such information may be made publicly available.

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7.1 Redacted Copy

All Proposers are required to submit a redacted copy of their proposal that excludes all confidential information not to be public. ASG reserves the right to make public the redacted copies of the proposals at the conclusion of the RFP process. If a Proposer does not submit a redacted copy, ASG will assume that the original copy of the proposal can be made public.

Hence, the un-redacted copy of the proposal should identify all confidential information and the redacted copy of the proposal should exclude all confidential information not to be public as outlined in section 7.0 of this document. Any information not identified as confidential in the un-redacted proposal will be deemed as not confidential.

7.2 Ownership of Submitted Proposal

All materials submitted in response to this RFP shall become the property of ASG. Selection or rejection of a proposal does not affect this provision.

8.0 General Terms and Conditions 8.1 Distribution The proposed lease prices include freight and handling expenses until the final delivery of the items, designated by the requesting Instrumentalities of the Government of Puerto Rico, with no separate invoice line-item for shipping or delivery cost.

Once the purchase order has been received, the supplier must coordinate with the Instrumentality the day, time, and place of delivery of the equipment.

8.2 Quoted Lease Prices

The lease prices per month for each equipment as well as prices per click for related services offered will remain fixed during the term of the contract that is granted, unless mutually agreed to by the Vendor and ASG.

8.3 Storage

Neither the Government, its entities nor ASG will be responsible for any costs associated with the storage of inventory that is warehoused by the awarded suppliers in order to comply with the requirements of this RFP, or subsequent contractual obligations.

8.4 Purchase Quantity

A contract resulting from this RFP does not guarantee any number of purchases of the goods under such contract. The purchase order will indicate exact quantities.

8.5 Invoicing Any invoice submitted to the Government must contain the following certification:

“Under penalty of absolute nullity, I certify that no public servant of the government entity is a party or has any interest in the profits or benefits of the contract or purchase order of this invoice; if the public servant is a party or has interest in the profits or benefits of the contract, the servant has mediated a prior exemption. The only consideration for supplying the goods or services of the

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contract has been the payment agreed with the authorized representative of the government entity that issues the purchase order. The amount of this invoice is fair and correct. The work has been completed, the products have been delivered and the services provided, and they have not been paid for.”

8.6 Payments

The instrumentalities will process the payment in accordance with the provisions of Circular Letter 1300-02-10 of the Department of the Treasury that states: "It shall be the responsibility of the agencies to require the supplier to deliver the invoices in no more than ten (10) days after the end of the period or date of delivery of the good or service."

8.7 Certifications

The Vendor shall include all required certifications, including any special certifications required for delivering products listed in the RFP. The Vendor will also have to issue an installation certificate once the equipment is available for use.

8.8 Equipment Replacement

All equipment substitution must be approved by ASG, provided that in no case will the change entail increase in the cost of leasing.

By the Proposer:

o The Proposer may request change approval to replace equipment under lease with another of equal or better quality with prior written authorization to ASG: 1) When the Instrumentality requests it and the bidder agrees, 2) When the Proposer does not have in stock models similar to the one requested due to the demand, 3) When the manufacturer has withdrawn the brand or model from the market without prior notice to the distributor.

By the Instrumentality:

o Upon written authorization from the ASG, the user Instrumentality of any equipment requested under this RFP may cancel the supply of a particular item for fiscal reasons at the end of the first year or subsequent years. If funds are not allocated for the payment of the leasing, or if a documented budget reduction arises, said equipment cannot be replaced by another that performs the same functions or similar functions.

o If the leased equipment suffers damages that make it impossible to use them repeatedly during the term of the contract and such damages are not caused by misuse of the equipment, the Instrumentality may request the replacement of the equipment by another of the same category. Said change will be free of costs for the Instrumentality.

o At any time when equipment does not meet the needs for which it was acquired, based on the need study carried out by the Proposer, the Instrumentality may change

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the category with the prior authorization of ASG, who will determine if it was due to an error by the Instrumentality or the Proposer. If ASG authorizes the change by concluding that the contractor erred in including its equipment in that category, the Proposer will deliver the equipment to the Instrumentality for free.

o If ASG authorizes a Copier replacement because there was an increase or decrease in the number of monthly pages, the Instrumentality will have to manage the change to another type of Copier with the Proposer, covering the costs that may entail.

For repair:

o If the repair of a low volume equipment takes more than the proposed requirement for Key SLA #4, the Proposer will provide a replacement of the same category during the period in which the leased equipment is not providing service. If it is impossible to provide a machine, the payment will be credited for the time the equipment was out of service and will be deducted from the monthly bill.

8.9 Warranty The leased equipment will be guaranteed during the term of the lease agreement from the order date. The Proposer will carry out all necessary repairs at no cost to the Instrumentality while the equipment is under lease. In cases where the breakage is caused by mismanagement or negligence of the Instrumentality, the Proposer may invoice the cost of the corresponding repair.

8.10 Maintenance Coordination

The Proposer will provide the physical location of the office, the telephone number, and the name of the person in charge of coordinating the maintenance and repair services.

8.11 Provisions for End of Contract

At the end of the 60-month Fair Market Value lease, the Government of Puerto Rico will have the following options:

1. Return the Copiers to vendor.

2. Purchase all or some of the Copiers at the current Fair Market Value.

3. Re-lease all or some of the Copiers for an additional 12-month term, at a new reduced lease rate based on the current Fair Market Value, but otherwise under the same terms and conditions as the original lease.

If the Government exercises option (3), it will have the option to re-lease all or some of the Copiers for a second 12-month term at the end of the first 12-month renewal term, under the same terms and conditions noted above.

8.12 Breach

If the Proposer fails to accept or fulfill a purchase order, a service order, a notice to proceed, or a change order that is issued, or if the Proposer fails to comply with any of the specifications, terms,

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and conditions once a contract is signed, ASG will cancel the contract immediately, execute the performance bond and may exclude the Vendor from the RUL for no less than one (1) year and no more than three (3) years, as stipulated in Regulation 8182 "Regulation of the Registro Único de Licitadores (RUL) of the Government of Puerto Rico". In addition, ASG reserve the right to apply any other sanctions as provided by existing regulations or agreed to in the contract.

The measures taken in case of non-compliance shall be imposed only by ASG after investigating facts, communicating non-compliant status to the Vendor, and giving the Vendor an opportunity to be heard.

8.13 Code of Ethics

Every Vendor and their employees must observe the highest principles of excellence, integrity, and honesty, both in relation to competitors and the Government of Puerto Rico The Code is available at: http://www2.pr.gov/ogp/Bvirtual/leyesreferencia/PDF/Corrupci%C3%B3n/2-2018.pdf

8.14 Anti-Discrimination Clause

ASG does not discriminate because of race, color, gender, origin or social status, political or religious beliefs, age, national origin, for being a victim or being perceived as a victim of domestic violence or sexual harassment, veteran status, identity or sexual orientation (real or perceived), physical, mental or sensory impairment.

9.0 Local Preference In accordance with Article 34 of the Puerto Rico General Services Administration Reorganization Plan Num. 3, 2011, The Administration shall condition the approval and validation of any purchase order, public bid, acquisition of goods or nonprofessional services to compliance with the preferential acquisition policy set forth in Act 14-2004, as amended, known as the “Investment in Puerto Rican Industry Act,” Act 129-2005, as amended, known as the “Government of the Commonwealth of Puerto Rico Procurement Reserve Act,” and Act 253-2006, and compliance with those measures that ensure compliance with such policy.

10.0 FOMB Contract Review All contracts resulting from this RFP are subject to review by the FOMB in accordance with FOMB contract review policy and related amendments. Please refer to the FOMB Contract Review Policies available at https://juntasupervision.pr.gov/documents/