Department of Buildings and General Services Agency of Administration Office of Purchasing & Contracting 109 State Street [phone] 802-828-2211 Montpelier VT 05609-3001 [fax] 802-828-2222 http://bgs.vermont.gov/purchasing

SEALED BID REQUEST FOR PROPOSAL

Computer Peripherals

ISSUE DATE: July 19, 2019 QUESTIONS DUE BY: July 29, 2019 3:00PM RFP RESPONSES DUE BY: August 21, 2019 3:00PM

PLEASE BE ADVISED THAT ALL NOTIFICATIONS, RELEASES, AND ADDENDUMS ASSOCIATED WITH THIS RFP WILL BE POSTED AT:

http://www.bgs.state.vt.us/pca/bids/bids.php THE STATE WILL MAKE NO ATTEMPT TO CONTACT INTERESTED PARTIES WITH UPDATED INFORMATION. IT IS THE RESPONSIBILITY OF EACH BIDDER TO PERIODICALLY CHECK THE ABOVE WEBPAGEFOR ANY AND ALL NOTIFICATIONS, RELEASES AND ADDENDUMS ASSOCIATED WITH THIS RFP. STATE CONTACT: Stephen Fazekas | Technology Procurement Administrator E-MAIL: Stephen.Fazekas@vermont.gov FAX: (802) 828-2211

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1. OVERVIEW:

1.1. SCOPE AND BACKGROUND: Through this Request for Proposal (RFP) the Office of Purchasing & Contracting (hereinafter the “State”) is seeking to establish contracts with one or more companies that can provide Computer Peripherals.

1.1.1. ADDITIONAL PURCHASERS: If the Bidder so elects in the Certificate of Compliance attached to this

RFP, political subdivisions and independent colleges of the State may participate in the awarded contract at the same prices, terms and conditions. Financial obligations of the State are limited to the orders placed by the departments and agencies of the State having legally available funds. The State incurs no financial obligations on behalf of its political subdivisions or other eligible entities.

1.2. CONTRACT PERIOD: Contracts arising from this RFP will be for a period of 2 /YEARS with an option to renew for up to two additional twelve-month periods. The State anticipates the start date will be 07/01/2019.

1.3. SINGLE POINT OF CONTACT: All communications concerning this RFP are to be addressed in writing to the State Contact listed on the front page of this RFP. Actual or attempted contact with any other individual from the State concerning this RFP is strictly prohibited and may result in disqualification.

1.4. BIDDERS’ CONFERENCE: A bidders’ conference will NOT be held at 109 State Street - Montpelier, VT 05609-3001 at the date and time indicated on the front page of this RFP.

1.5. QUESTION AND ANSWER PERIOD: Any vendor requiring clarification of any section of this RFP or wishing to comment on any requirement of the RFP must submit specific questions in writing no later than the deadline for question indicated on the first page of this RFP. Questions may be e-mailed to the point of contact on the front page of this RFP. Questions or comments not raised in writing on or before the last day of the question period are thereafter waived. At the close of the question period a copy of all questions or comments and the State's responses will be posted on the State’s web site http://bgs.vermont.gov/purchasing/bids. Every effort will be made to post this information as soon as possible after the question period ends, contingent on the number and complexity of the questions.

2. DETAILED REQUIREMENTS:

2.1. State will award one or more contracts. It also reserves the right to make additional awards to other vendors who submitted proposals at any time if such award is deemed to be in the best interest of the State.

2.2. Vendors are expected to take an active role in “marketing” the contract. The State will publish copies of the contracts on their web site, but it is up to the vendors to take a proactive role in maintaining the contracts.

2.3. The State reserves the right to make purchases outside of the awarded contracts where it is deemed in the best interests of the State.

2.4. The contracts will be limited to purchases of a single item or multiples of the same items with a cost of under $15,000, amounts exceeding this require approval from the Agency of Digital Services.

2.5. The contract pricing will be reviewed from time to time and if it is found to be no longer competitive, the contract may be renegotiated or canceled.

2.6. Vendors must have ability or commitment to accept and process purchase orders electronically, as well as online payment via a purchase card. Vendors must inform the State if pricing is affected by use of a purchasing card to procure the products included in this RFP. No such increase in pricing will be permitted unless approved by the State.

2.7. The successful bidder must offer a wide variety of computer related products from many manufacturers. These products must include, but not be limited to: cables, CD/DVD, recording equipment, headsets, microphones, graphic accelerators, hard drives, labels and other paper specialties, memory, modems, monitors, motherboards, network hardware (hubs, routers, etc.) other system enhancements, PDAs, power protection (including UPS), printers and printer accessories, server racks, laptop charging stations, laptop carts, laptop stands, monitor mounts, laptop parts, laptop car mounts, labeling equipment, barcode readers, laptop bags, mice and keyboards (including ergonomic models), webcams, cabling, processor

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upgrades, audiovisual equipment including consumer level televisions, projectors, scanners, storage and media, supplies, tape drives, USB drives, thin clients, accessibility tools. Note that there is a restriction of $15,000 maximum per transaction.

Bidders should not provide pricing for or include the following restricted items: printer toner, paper products, general office supplies, ergonomic seating or tables, communication radios, interactive whiteboards, HP printers, Software, VOIP & Telecom,

2.8. Each vendor awarded a contract must establish a real-time special State of Vermont contract page on an Internet web site that can be accessed by users to get pricing and other contract information as well as secure on-line ordering. Such a system must have provisions for creation of orders by one individual and authorization by another. This site must be kept current so departments will have the most recent pricing. There must also be a general access available without establishing an account to the State’s web site for those agencies that just want to browse or check pricing. No Off-Contract Item pricing may be shown on the website without written approval from the State. If at any time the State determines any information on the website is unacceptable or incorrect, the contracted Vendor will have 10 calendar days from notice of needed revision to provide revisions to the State.

2.9. There must be dedicated account representatives that can be easily reached by a toll free telephone number. The individual must be able to provide detailed product information (or have personnel available who can answer technical questions) and take orders. It is expected that all calls and e-mail requests whether for sales or technical information will be acknowledged within three hours of receipt and if it is necessary to research the question an answer given within 6 hours. The vendor email contact address must be a group email, able to stay consistent despite any changes in representatives.

2.10. Each vendor awarded a contract must establish a Vermont account team including a single point of contact for contract administration. The primary contract representative is responsible for the performance of the contract and must provide timely response to all requests from the State. The account team will consist of dedicated personnel that will handle sales and service issue. Purchasing & Contract Administration must be notified immediately of any changes in the team makeup. A representative will be available between 7:30 AM and 5:00 PM Eastern time. Each vendor awarded will train sales staff to ensure they are well versed in the terms and conditions of this contract. If necessary, upon request vendor must be willing to create a remedy plan for sales staff and partners who do not comply with contract terms and conditions. There will also be a clear upward escalation path established for dispute resolution that will handle complaints and/or problems with orders and accounts.

2.11. Each vendor is to be the sole point of contact as applicable by contract with regard to contractual matters, payment of any and all charges resulting from the purchase of the equipment and maintenance of the equipment for the term of the contract unless otherwise specified by the State. The vendor must be able to receive, process, and invoice orders unless the State has agreed to assign these functions to a partner.

2.12. Vendors must have immediate access to inventory of commonly purchased items that will allow for one or two day order fulfillment.

2.13. Bidders must provide information on warehouse location(s), size of inventory, average ship time after receipt of order, average fill rate, average length of time to fill back orders and average error rate.

2.14. Bidders must describe their return policy.

2.15. All products, where applicable, must be Energy Star compliant.

2.16. Vendors must agree to and schedule an annual vendor performance meeting to be held each year with the Office of Purchasing & Contracting as well as the Department of Information and Innovation to discuss performance and needs. Participation by the vendor is mandatory.

2.17. Vendors must make available, upon request, procedures for addressing and resolving customer problems and complaints regarding service, equipment, or billing. This process must include timelines and escalation process. These procedures must be reviewed annually during the annual vendor performance meeting.

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2.18. Bidders may propose suggestions on improvements and/or alternatives for doing business with your company that will make this contract more cost effective for your company and participating public agencies.

3. GENERAL REQUIREMENTS:

3.1. PRICING: Bidders must price the terms of this solicitation at their best pricing. Any and all costs that Bidder wishes the State to consider must be submitted for consideration. If applicable, all equipment pricing is to include F.O.B. delivery to the ordering facility. No request for extra delivery cost will be honored. All equipment shall be delivered assembled, serviced, and ready for immediate use, unless otherwise requested by the State. No charge for packing, shipping, or for any other purpose will be allowed over and above the price quoted. Prices quoted for printing are to include printing, binding, wrapping, and packaging.

3.1.1. Prices and/or rates shall remain firm for the initial term of the contract. The pricing policy submitted by Bidder must (i) be clearly structured, accountable, and auditable and (ii) cover the full spectrum of materials and/or services required.

3.1.2. Cooperative Agreements. Bidders that have been awarded similar contracts through a competitive bidding process with another state and/or cooperative are welcome to submit the pricing in response to this solicitation.

3.2. BEST AND FINAL OFFER:

3.2.1. Best and Final Offer (BAFO). At any time after submission of Responses and prior to the final selection of Bidder(s) for Contract negotiation or execution, the State may invite Bidder(s) to provide a BAFO.

3.2.1.1. The state reserves the right to request BAFOs from only those Bidders that meet the minimum qualification requirements and/or have not been eliminated from consideration during the evaluation process.

3.2.2. Evaluation of Responses and Selection of Bidder(s). The State shall have the authority to evaluate Responses and select the Bidder(s) as may be determined to be in the best interest of the State and consistent with the goals and performance requirements outlined in this RFP.

3.3. ENVIRONMENTAL INFORMATION:

Bidders are requested to complete the Environmental Information Form which is included in the Certificate of Compliance for this RFP identifying the following for each product being quoted:

a. Percent (%) of recycled content and post-consumer content; and

b. Mercury content certification.

3.4. EXECUTIVE ORDER 05-16: CLIMATE CHANGE CONSIDERATIONS IN STATE PROCUREMENTS:

For bid amounts exceeding $25,000.00 Bidders are requested to complete the Climate Change Considerations in State Procurements Certification, which is included in the Certificate of Compliance for this RFP.

After consideration of all relevant factors, a bidder that demonstrates business practices that promote clean energy and address climate change as identified in the Certification, shall be given favorable consideration in the competitive bidding process. Such favorable consideration shall be consistent with and not supersede any preference given to resident bidders of the State and/or products raised or manufactured in the State, as explained in the Method of Award section. But, such favorable consideration shall not be employed if prohibited by law or other relevant authority or agreement.

3.5. METHOD OF AWARD: Awards will be made under the provisions of 29 V.S.A. § 903. The State may award one or more contracts and reserves the right to make additional awards to other compliant bidders at any time if such award is deemed to be in the best interest of the State. All other considerations being equal, preference will be given first to resident bidders of the state and/or to products raised or

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manufactured in the state, and then to bidders who have practices that promote clean energy and address climate change, as identified in the applicable Certificate of Compliance.

3.5.1. Evaluation Criteria: Consideration shall be given to the Bidder’s qualifications and experience, ability to provide the products/services within the defined timeline, cost, to the extent specified below.

Cost 40%

Experience 30%

Selection of Peripherals 30%

3.6. STATEMENT OF RIGHTS: The State of Vermont reserves the right to obtain clarification or additional information necessary to properly evaluate a proposal. Vendors may be asked to give a verbal presentation of their proposal after submission. Failure of vendor to respond to a request for additional information or clarification could result in rejection of that vendor's proposal. To secure a project that is deemed to be in the best interest of the State, the State reserves the right to accept or reject any and all bids, in whole or in part, with or without cause, and to waive technicalities in submissions. The State also reserves the right to make purchases outside of the awarded contracts where it is deemed in the best interest of the State.

3.7. SUBSTITUTION: Vendors may offer, in their bids, substitutes to items identified by a manufacturer’s number or brand. When offering a substitution, vendor must describe any differences and provide technical information that will assist in the evaluation.

3.8. SAMPLES:

3.8.1. Bidder Supplied Samples: The Commissioner reserves the right to request from the Bidder/Contractor a representative sample(s) of the Product offered at any time prior to or after award of a contract. Unless otherwise instructed, samples shall be furnished within the time specified in the request. Untimely submission of a sample may constitute grounds for rejection of Bid or cancellation of the Contract. Samples must be submitted free of charge and be accompanied by the Bidder’s name and address, any descriptive literature relating to the Product and a statement indicating how and where the sample is to be returned. Where applicable, samples must be properly labeled with the appropriate Bid or Contract reference.

A sample may be held by the Commissioner during the entire term of the Contract and for a reasonable period thereafter for comparison with deliveries. At the conclusion of the holding period the sample, where feasible, will be returned as instructed by the Bidder, at the Bidder’s expense and risk. Where the Bidder has failed to fully instruct the Commissioner as to the return of the sample (i.e., mode and place of return, etc.) or refuses to bear the cost of its return, the sample shall become the sole property of the receiving entity at the conclusion of the holding period.

3.8.2. Enhanced Samples: When an approved sample exceeds the minimum specifications, all Product delivered must be of the same enhanced quality and identity as the sample. Thereafter, in the event of a Contractor’s default, the Commissioner may procure a Product substantially equal to the enhanced sample from other sources, charging the Contractor for any additional costs incurred.

3.8.3. Conformance with Sample(s): Submission of a sample (whether or not such sample is tested by, or for, the Commissioner) and approval thereof shall not relieve the Contractor from full compliance with the requirements specified in this RFP. If in the judgment of the Commissioner the sample or product submitted is not in accordance with the specifications or testing requirements prescribed in the Bid Specifications, the Commissioner may reject the Bid. If an award has been made, the Commissioner may cancel the Contract at the expense of the Contractor.

3.8.4. Testing: All samples are subject to tests in the manner and place designated by the Commissioner, either prior to or after Contract award. Unless otherwise stated elsewhere in this RFP, Bidder samples consumed or rendered useless by testing will not be returned to the Bidder. Testing costs for samples that fails to meet Contract requirements may be at the expense of the Contractor.

3.9. WARRANTY: The manufacturer shall include with its proposal a written warranty for each product that it intends to furnish. Warrantees must be based on commercial use, and shall extend fora minimum term

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of one (1) year from the date a Product is available for use by the purchaser; however, longer term warranties are desirable and will be given favorable consideration, all else being equal.

3.10. CONTRACT TERMS: The selected bidder(s) will be expected to sign a contract with the State, including the Standard Contract Form and Attachment C as attached to this RFP for reference. The contract will obligate the bidder to provide the services and/or products identified in its bid, at the prices listed.

4. ENVIRONMENTAL REQUIREMENTS:

Environmentally Preferable Purchasing (EPP) means the purchase of products and services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw material acquisition, production, manufacturing, packaging, distribution, re-use, operation, maintenance, or disposal of the product or service).

The State of Vermont has established specific goals and objectives aimed at providing sound environmental stewardship, protecting human health, reducing state operating expenses associated with the use and control of regulated hazardous materials, and reducing potential liability attributable to environmental impact. Therefore, where applicable, the following environmental criteria shall be considered for all State purchasing and contracts.

4.1. Paper: The State desires to reduce the use of chlorine in the products it purchases to protect the environment from pollution. Processed Chlorine Free (PCF) paper means paper in which the recycled content is processed unbleached or is bleached without the use of chlorine or chlorine derivatives AND any virgin material contained therein is totally chlorine free (TCF).

4.1.1. Copier Paper: The State requires PCF copier paper which contains a minimum of 50% post-consumer recycled material (any virgin material must be TCF).

4.1.2. Printing and Writing Paper: The State requires at least 30% post-consumer recycled content for non-coated paper and at least 10% post-consumer recycled content for coated paper. Preference will be given to chlorine free options when suitable choices are available.

4.2. Recycled Content: The Commissioner of Buildings and General Services may, at his/her discretion, spend up to 10% more for comparable products that are made of recycled materials. If products made of recycled materials are to cost more than 10% more than comparable products, the Commissioner shall receive consent of State entities that are to use the product before completing the order in question.

4.3. Sustainable Products: Bidders are encouraged to provide alternative price quotations on wood or paper products that are derived from sustainably managed forestlands. Sustainably managed forest lands shall be defined as those lands enrolled and/or licensed under one of the following third-party certification programs: Sustainable Forestry Initiative Program, the American Tree Farm System, the Canadian Standards Association's Sustainable Forest Management System Standards, the Finnish Standard, Forest Stewardship Council, Pan-European Forest Certification, Swedish Standard, the United Kingdom Woodland Assurance Scheme or other such credible programs as may be developed and implemented. Vendors must provide satisfactory documentation of certification with their bid.

4.4. Life-Cycle Cost Evaluation: Life cycle cost analysis shall extend beyond the cost of purchasing, to include installation, operation, maintenance, durability, and disposal of a particular product.

4.5. Energy Efficiency (Energy Star): Bidders shall provide products that earn the ENERGY STAR and meet the ENERGY STAR specifications for energy efficiency when applicable. The vendor is encouraged to visit energystar.gov for complete product specifications and updated lists of qualifying products.

4.6. Alternative Fuels: Evaluations for vehicles and other fuel-consuming equipment shall consider not only fuel efficiency, but also the source and type of fuel, to reduce emissions of greenhouse gases and pollutants.

4.7. Vehicles: The State will purchase vehicles that have the highest available fuel efficiency in each respective vehicle class (e.g., passenger cars, light duty trucks, etc.) pursuant to performance specifications recommended by the state Technical Advisory Group established under Executive Order 12-17 section I (D). These performance standards should include consideration of vehicles that not only meet high fuel economy standards but that also provide lower total emissions of greenhouse gases, criteria pollutants, and hazardous air contaminants.

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5. CONTENT AND FORMAT OF RESPONSES: The content and format requirements listed below are the minimum requirements for State evaluation. These requirements are not intended to limit the content of a Bidder’s proposal. Bidders may include additional information or offer alternative solutions for the State’s consideration. However, the State discourages overly lengthy and costly proposals, and Bidders are advised to include only such information in their response as may be relevant to the requirements of this RFP.

5.1. NUMBER OF COPIES:

5.1.1. Submit one (1) paper copies and one digital copy in PDF, CD-ROM, or USB flash drive copy.

5.1.2. The bid should include a Cover Letter and Pricing Response.

5.2. COVER LETTER:

5.2.1. Confidentiality. To the extent your bid contains information you consider to be proprietary and confidential, you must comply with the following requirements concerning the contents of your cover letter and the submission of a redacted copy of your bid (or affected portions thereof).

The successful response will become part of the contract file and will become a matter of public record, as will all other responses received. If the response includes material that is considered by the bidder to be proprietary and confidential under the State’s Public Records Act, 1 V.S.A. § 315 et seq., the bidder shall submit a cover letter that clearly identifies each page or section of the response that it believes is proprietary and confidential. The bidder shall also provide in their cover letter a written explanation for each marked section explaining why such material should be considered exempt from public disclosure in the event of a public records request, pursuant to 1 V.S.A. § 317(c), including the prospective harm to the competitive position of the bidder if the identified material were to be released. Additionally, the bidder must include a redacted copy of its response for portions that are considered proprietary and confidential. Redactions must be limited so that the reviewer may understand the nature of the information being withheld. It is typically inappropriate to redact entire pages, or to redact the titles/captions of tables and figures. Under no circumstances can the entire response be marked confidential, and the State reserves the right to disqualify responses so marked.

5.2.2. Exceptions to Contract Terms and Conditions. If the bidder wishes to propose an exception to any terms and conditions set forth in this RFP, including the Standard State Provisions for Contracts and Grants, such exceptions must be included in the cover letter to the RFP response. Failure to note exceptions when responding to the RFP will be deemed to be acceptance of the State terms and conditions. If exceptions are not noted in the response to this RFP but raised during contract negotiations, the State reserves the right to cancel the negotiation if deemed to be in the best interests of the State. Note that exceptions to contract terms may cause rejection of the proposal.

5.3. BACKGROUND AND EXPERIENCE. Provide details concerning the form of business organization, company size and resources; describe particular experience relevant to the proposed project, and list all current or past State projects.

If a Bidder intends to use subcontractors, the Bidder must identify in the proposal the names of the subcontractors, the portions of the work the subcontractors will perform, and address the background and experience of the subcontractor(s), as above.

5.4. REFERENCES. Provide the names, addresses, and phone numbers of at least three companies with whom you have transacted similar business in the last 12 months. You must include contact names who can talk knowledgeably about performance.

5.5. REPORTING REQUIREMENTS: Provide a sample of any reporting documentation that may be applicable to the Detailed Requirements of this RFP.

5.6. PRICING: Bidders shall submit their pricing information in the Price Schedule attached to the RFP.

5.7. CERTIFICATION FOR APPAREL, FOOTWEAR, AND TEXTILES (SWEATSHOP PROHIBITION): To the extent this solicitation concerns the sale of apparel, footwear, or textiles, Bidder must submit the following information: (1) certification from each supplier in accordance with the requirements of 29 V.S.A. § 922(a), and (2) a list of the names and addresses of each supplier, as required by 29 V.S.A. § 922(b). Bidder certifies that if it is awarded a contract, it shall be obligated by 29 V.S.A. § 922(c) to promptly inform

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the Commissioner of Buildings and General Services of any change in the information furnished pursuant to this section.

5.8. CERTIFICATE OF COMPLIANCE: This form must be completed and submitted as part of the response for the proposal to be considered valid.

6. SUBMISSION INSTRUCTIONS:

6.1. CLOSING DATE: Bids must be received by the due date and at the location specified on the front page of this RFP.

6.2. The bid opening will be held at 109 State Street, Third Floor, Montpelier, VT and is open to the public.

6.3. SECURITY PROCEDURES: Please be advised extra time will be needed when visiting and/or delivering information to 109 State Street. All individuals visiting 109 State Street must present a valid government issued photo ID when entering the facility.

6.4. SEALED BID INSTRUCTIONS: All bids must be sealed and must be addressed to the State of Vermont, Office of Purchasing & Contracting, 109 State Street – Third Floor, Montpelier, VT 05609-3001. BID ENVELOPES MUST BE CLEARLY MARKED ‘SEALED BID’ AND SHOW THE REQUISITION NUMBER AND/OR PROPOSAL TITLE, OPENING DATE AND NAME OF BIDDER.

6.4.1. All bidders are hereby notified that sealed bids must be received and time stamped by the Office of Purchasing & Contracting located at 109 State Street – Third Floor, Montpelier, VT 05609-3001 - by the time of the bid opening. Bids not in possession of the Office of Purchasing & Contracting at the time of the bid opening will be returned to the vendor, and will not be considered. Any delay deemed caused by Security Procedures and courier/mail delivery service will be at the bidder’s own risk.

6.4.2. Office of Purchasing & Contracting may, for cause, change the date and/or time of bid openings or issue an addendum. If a change is made, the State will make a reasonable effort to inform all bidders by posting at: http://bgs.vermont.gov/purchasing/bids.

6.4.3. All bids will be publicly opened. Typically, the Office of Purchasing & Contracting will open the bid, read the name and address of the bidder, and read the bid amount. However, the Office of Purchasing & Contracting reserves the right to limit the information disclosed at the bid opening to the name and address of the bidder when, in its sole discretion, the Office of Purchasing & Contracting determines that the nature, type, or size of the bid is such that the Office of Purchasing & Contracting cannot immediately (at the opening) determine that the bids are in compliance with the RFP. As such, there will be cases in which the bid amount will not be read at the bid opening. Bid openings are open to members of the public. Bid results are a public record however, the bid results are exempt from disclosure to the public until the award has been made and the contract is executed.

6.5. DELIVERY METHODS:

6.5.1. SECURITY PROCEDURES: Note that security procedures concerning delivery of any mail or parcels to 109 State Street may delay receipt of mail/parcel pieces by one business day.

6.5.2. U.S. MAIL: Bidders are cautioned that it is their responsibility to originate the mailing of bids in sufficient time to ensure bids are received and time stamped by the Office of Purchasing & Contracting prior to the time of the bid opening.

6.5.3. EXPRESS DELIVERY: If bids are being sent via an express delivery service, be certain that the RFP designation is clearly shown on the outside of the delivery envelope or box. Express delivery packages will not be considered received by the State until the express delivery package has been received and time stamped by the Office of Purchasing & Contracting. Due to security procedures

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express deliveries must be received by 10:30 AM in order to be received by the Office of Purchasing & Contracting that same day.

6.5.4. HAND DELIVERY: Hand carried bids shall be delivered to a representative of the Office of Purchasing & Contracting prior to the bid opening.

6.5.5. ELECTRONIC: Electronic bids will / will not be accepted .

6.5.6. FAX BIDS: Faxed bids may be accepted. The faxed bid must be prefixed with “SEALED BID”. It is the Bidder’s responsibility to originate the faxed message in sufficient time to insure receipt by the State prior to the time of the bid opening. All pages must be printed and in the possession of the State prior to the date and time of the bid opening or the bid will not be considered. Bidders are cautioned that bids submitted by fax may be compromised prior to the time of the sealed bid opening. Faxed information is accessible when transmitted and confidentiality cannot be guaranteed. State reserves the right to reject a faxed bid if it appears that the faxed bid is incomplete or portions of the faxed bid are illegible.

7. ATTACHMENTS:

7.1. Sample Standard Contract Form for Commodities

7.2. Attachment C: Standard State Contract Provisions (December 15, 2017)

7.3. Certificate of Compliance

7.4. Price Schedule

7.5. Market Basket

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SAMPLE CONTRACT FORM FOR COMMODITIES

1. Parties. This is a contract for services between the State of Vermont, _____________ (hereinafter called

“State”), and _____________, with a principal place of business in _____________, (hereinafter called

“Contractor”). Contractor’s form of business organization is _____________. It is Contractor’s responsibility to

contact the Vermont Department of Taxes to determine if, by law, Contractor is required to have a Vermont

Department of Taxes Business Account Number.

2. Subject Matter. The subject matter of this contract is commodities generally on the subject of _____________.

Detailed requirements to be provided by Contractor are described in Attachment A.

3. Maximum Amount. In consideration of the commodities to be provided by Contractor, the State agrees to pay

Contractor, in accordance with the payment provisions specified in Attachment B, a sum not to exceed

$________.00.

4. Contract Term. The period of contractor’s performance shall begin on _____________, 20__ and end on

_____________, 20__.

5. Prior Approvals. This Contract shall not be binding unless and until all requisite prior approvals have been

obtained in accordance with current State law, bulletins, and interpretations.

6. Amendment. No changes, modifications, or amendments in the terms and conditions of this contract shall be

effective unless reduced to writing, numbered and signed by the duly authorized representative of the State and

Contractor.

7. Termination for Convenience. This contract may be terminated by the State at any time by giving written notice

at least thirty (30) days in advance. In such event, Contractor shall be paid under the terms of this contract for all

services provided to and accepted by the State prior to the effective date of termination.

8. Attachments. This contract consists of ___ pages including the following attachments which are incorporated

herein:

Attachment A - Statement of Work

Attachment B - Payment Provisions

Attachment C – “Standard State Provisions for Contracts and Grants” a preprinted form (revision date

12/15/2017)

9. Order of Precedence. Any ambiguity, conflict or inconsistency between the documents comprising this contract

shall be resolved according to the following order of precedence:

(1) Standard Contract

(2) Attachment C (Standard Contract Provisions for Contracts and Grants)

(3) Attachment A

(4) Attachment B

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WE THE UNDERSIGNED PARTIES AGREE TO BE BOUND BY THIS CONTRACT

By the State of Vermont: By the Contractor:

Date: Date:

Signature: Signature:

Name: Name:

Title: Title:

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ATTACHMENT A – STATEMENT OF WORK

The Contractor shall provide:

1. The Following Products may be purchased under this contract:

cables, CD/DVD, recording equipment, headsets, microphones, graphic accelerators, hard drives, labels

and other paper specialties, memory, modems, monitors, motherboards, network hardware (hubs, routers,

etc.) other system enhancements, PDAs, power protection (including UPS), printers and printer accessories,

server racks, laptop charging stations, laptop carts, laptop stands, monitor mounts, laptop parts, laptop car

mounts, labeling equipment, barcode readers, laptop bags, mice and keyboards (including ergonomic

models), webcams, cabling, processor upgrades, audiovisual equipment including consumer level

televisions, projectors, scanners, storage and media, supplies, tape drives, USB drives, thin clients,

accessibility tools.

1.1 Product offerings and complete details of product pricing, including discounts, applicable to this

Contract set forth in the Price Schedule maintained on-line at Contractor’s listed Below.

1.2 Purchasing Entities may solicit the Contractor for deeper discounts than the minimum contract pricing

as set forth in the Price Schedule (e.g., additional volume pricing, incremental discounts, firm fixed

pricing or other incentives).

2. Restrictions:

2.1 Contractor shall not offer the following printer toner, paper products, general office supplies,

ergonomic seating or tables, communication radios, interactive whiteboards, HP printers, Software,

VOIP & Telecom.

2.2 Purchases limited to purchases of a single item or multiples of the same items with a cost of under

$15,000, amounts exceeding this requires approval from the Agency of Digital Services.

3. SPECIFIED REQUIREMENTS:

3.1 Contractor represents and warrants to the State: (i) that Contractor is able to fulfill all orders

made under this Agreement consistent with all obligations of Contractor under this

Agreement; (ii) that the products or services it makes available for purchase under this

agreement comply with all applicable Specified Requirements in Attachment A; and (iii) that

each of the third parties whose products or services are available for purchase under this

agreement acknowledge and agree that, while such terms as such third parties may include

with products and services may apply to the State, in the event of any conflict, any applicable

Specified Requirements shall prevail over such third party terms.

3.2 Notwithstanding any contrary language anywhere, the State’s purchase and use of all products

and/or services under this agreement shall be governed by the following terms and conditions:

(a) The State shall have no obligation to defend or indemnify any party or otherwise be

liable for a party’s expenses or reimbursement, including without limitation

attorneys’ fees, collection costs or otherwise.

13 | Page Revised 03/26/2019

(b) The State does not agree to binding arbitration or to otherwise waive the State’s

right to a jury trial.

(c) The State’s purchase and/or use of any product or service under this Agreement

shall be governed by and construed in accordance with the laws of the State of

Vermont and any action shall be brought and enforced in the Superior Court of the

State of Vermont, Civil Division, Washington Unit.

(d) Limitations or exclusions of liability shall not apply to State claims arising out of

(i) breach of a confidentiality obligation (ii) damage to real or tangible personal

property; or (iv) negligence, fraud or intentional misconduct.

(e) The State retains full right and title to data provided by State and any data derived

therefrom, including metadata (collectively, the “State Data”). State Data shall not

be collected, accessed, or used except as strictly necessary to provide the product or

service to State. No information regarding State’s use of the product or service may

be disclosed, provided, rented or sold to any third party for any reason unless

required by law or regulation or by an order of a court of competent jurisdiction.

This obligation shall extend in perpetuity.

(f) SOV Cybersecurity Standard 19-01

All products and service provided to or for the use of the State under this Contract

shall be in compliance with State of Vermont Cybersecurity Standard 19-01, which

Contractor acknowledges has been provided to it, and is available on-line at the

following URL:

https://digitalservices.vermont.gov/cybersecurity/cybersecurity-standards-and-

directives

4. WARRANTY: The manufacturer shall include with its proposal a written warranty for each product that it

intends to furnish. Warrantees must be based on commercial use, and shall extend fora minimum term of

one (1) year from the date a Product is available for use by the purchaser; however, longer term warranties

are desirable and will be given favorable consideration, all else being equal.

5. REPORTING REQUIREMENTS: Contractors will be required to submit quarterly product sales report

to the Purchasing Agent pursuant to the schedule below. Each report must contain the following

information: Contract Number; Using Department's Address, Contact Name, and Telephone Number;

14 | Page Revised 03/26/2019

Product Ordered; Quantity Ordered; Quantity Shipped; and Price Charged, with totals for each product for

each reporting period. We reserve the right to request additional information or to modify the reporting

periods. Reporting Periods: Quarterly Reports must be submitted in accordance with the following

schedule:

Reporting Period: January 1 to March 31 - Report Due April 15

Reporting Period: April 1, to June 30 - Report Due July 15

Reporting Period: July 1 to September 30 - Report Due October 15

Reporting Period: October 1 to December 31 - Report Due January 15

6. DELIVERY: All pricing is to include F.O.B. delivery to the ordering facility. Responsibility for product

delivery remains with the contractor until the product is properly delivered and signed for. Shipments shall

be securely and properly packed, according to accepted commercial practices, without extra charge for

packing cases or other containers. Upon delivery, all packaging and containers shall become the property

of the State, unless otherwise stated. Delivered goods that do not conform to the specifications or are not in

good condition upon receipt shall be replaced promptly by the contractor.

7. RETURNS: Unopened Products can be returned with no restocking fee up to 30 days from the date of

receipt.

8. PURCHASING CARD: The State Purchasing Card may be used by State Purchasers for the payment of

invoices. Use of the Purchasing Card requires all required documentation applicable to the purchase. The

Purchasing Card is a payment mechanism, not a procurement approach and, therefore, does not relieve

State Purchasers from adhering to all procurement laws, regulations, policies, procedures, and best

practices.

9. QUALITY: All products will be new and unused. All products provided by the contractor must meet all

federal, state, and local standards for quality and safety requirements. Products not meeting the

requirements of this section the will be deemed unacceptable and returned to the contractor for credit at no

charge to the State.

10. DEFAULT: In case of default of the contractor, the State may procure the materials or supplies from other

sources and hold the contractor responsible for any excess cost occasioned thereby, provided, that if public

necessity requires the use of materials or supplies not conforming to the specifications they may be

accepted and payment therefore shall be made at a proper reduction in price.

11. VERMONT STATE COLLEGES: This contract is also available for use by the University of Vermont

and the Vermont State Colleges Inc., a separate corporation, having under its jurisdiction Castleton State

College, Johnson State College, Lyndon State College, Community College of Vermont, and the Vermont

Technical College.

12. TOWNS AND SCHOOLS OF THE STATE OF VERMONT: This contract is also available for use by

Towns and Schools of the State of Vermont. It should be noted that all such items furnished will be billed

directly to and paid for by the political subdivision or college and neither the State of Vermont, nor its

Commissioner of Buildings and General Services, personally or officially, assumes any responsibility.

15 | Page Revised 03/26/2019

ATTACHMENT B – PAYMENT PROVISIONS

The maximum dollar amount payable under this contract is not intended as any form of a guaranteed amount. The

Contractor will be paid for products actually delivered or performed, as specified in Attachment A, up to the

maximum allowable amount specified on page 1 of this contract.

1. SHIPPING: If applicable, all equipment pricing is to include F.O.B. Ground delivery to the ordering

facility. No request for extra delivery cost will be honored, unless specifically requested in the purchase

order.

2. PAYMENTS: Payment terms are Net 30 days from the date the State receives an error-free invoice with

all necessary and complete supporting documentation. Invoices shall itemize all work performed during the

invoice period, including, as applicable, the dates of service, rates of pay, hours of work performed, and

any other information and/or documentation appropriate and sufficient to substantiate the amount invoiced

for payment. As applicable, a copy of the notice(s) of acceptance shall accompany invoices submitted for

payment.

3. INVOICES: Invoices shall be sent to the address identified on the Purchasing Entity’s Purchase Order and

shall specify the address to which payments will be sent. The State of Vermont Contract Number and

Purchasing Entity’s Purchase Order Number shall appear on each invoice for all purchases placed under

this Participating Addendum.

4. EXPENSES: Reimbursement of expenses is not authorized. All rates set forth in a Purchase Order shall be

inclusive of any and all Contractor fees and expenses.

5. PRICING: The payment schedule for delivered products, or rates for services performed, and any

additional reimbursements, are as follows: _____________

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ATTACHMENT C: STANDARD STATE PROVISIONS

FOR CONTRACTS AND GRANTS

REVISED DECEMBER 15, 2017

1. Definitions: For purposes of this Attachment, “Party” shall mean the Contractor, Grantee or Subrecipient, with

whom the State of Vermont is executing this Agreement and consistent with the form of the Agreement.

“Agreement” shall mean the specific contract or grant to which this form is attached.

2. Entire Agreement: This Agreement, whether in the form of a contract, State-funded grant, or Federally-funded

grant, represents the entire agreement between the parties on the subject matter. All prior agreements,

representations, statements, negotiations, and understandings shall have no effect.

3. Governing Law, Jurisdiction and Venue; No Waiver of Jury Trial: This Agreement will be governed by the

laws of the State of Vermont. Any action or proceeding brought by either the State or the Party in connection with

this Agreement shall be brought and enforced in the Superior Court of the State of Vermont, Civil Division,

Washington Unit. The Party irrevocably submits to the jurisdiction of this court for any action or proceeding

regarding this Agreement. The Party agrees that it must first exhaust any applicable administrative remedies with

respect to any cause of action that it may have against the State with regard to its performance under this

Agreement. Party agrees that the State shall not be required to submit to binding arbitration or waive its right to a

jury trial.

4. Sovereign Immunity: The State reserves all immunities, defenses, rights or actions arising out of the State’s

sovereign status or under the Eleventh Amendment to the United States Constitution. No waiver of the State’s

immunities, defenses, rights or actions shall be implied or otherwise deemed to exist by reason of the State’s entry

into this Agreement.

5. No Employee Benefits For Party: The Party understands that the State will not provide any individual

retirement benefits, group life insurance, group health and dental insurance, vacation or sick leave, workers

compensation or other benefits or services available to State employees, nor will the State withhold any state or

Federal taxes except as required under applicable tax laws, which shall be determined in advance of execution of

the Agreement. The Party understands that all tax returns required by the Internal Revenue Code and the State of

Vermont, including but not limited to income, withholding, sales and use, and rooms and meals, must be filed by

the Party, and information as to Agreement income will be provided by the State of Vermont to the Internal

Revenue Service and the Vermont Department of Taxes.

6. Independence: The Party will act in an independent capacity and not as officers or employees of the State.

7. Defense and Indemnity: The Party shall defend the State and its officers and employees against all third party

claims or suits arising in whole or in part from any act or omission of the Party or of any agent of the Party in

connection with the performance of this Agreement. The State shall notify the Party in the event of any such claim

or suit, and the Party shall immediately retain counsel and otherwise provide a complete defense against the entire

claim or suit. The State retains the right to participate at its own expense in the defense of any claim. The State

shall have the right to approve all proposed settlements of such claims or suits.

After a final judgment or settlement, the Party may request recoupment of specific defense costs and may file suit

in Washington Superior Court requesting recoupment. The Party shall be entitled to recoup costs only upon a

showing that such costs were entirely unrelated to the defense of any claim arising from an act or omission of the

Party in connection with the performance of this Agreement.

The Party shall indemnify the State and its officers and employees if the State, its officers or employees become

legally obligated to pay any damages or losses arising from any act or omission of the Party or an agent of the Party

in connection with the performance of this Agreement.

17 | Page Revised 03/26/2019

Notwithstanding any contrary language anywhere, in no event shall the terms of this Agreement or any document

furnished by the Party in connection with its performance under this Agreement obligate the State to (1) defend or

indemnify the Party or any third party, or (2) otherwise be liable for the expenses or reimbursement, including

attorneys’ fees, collection costs or other costs of the Party or any third party.

8. Insurance: Before commencing work on this Agreement the Party must provide certificates of insurance to show

that the following minimum coverages are in effect. It is the responsibility of the Party to maintain current

certificates of insurance on file with the State through the term of this Agreement. No warranty is made that the

coverages and limits listed herein are adequate to cover and protect the interests of the Party for the Party’s

operations. These are solely minimums that have been established to protect the interests of the State.

Workers Compensation: With respect to all operations performed, the Party shall carry workers’ compensation

insurance in accordance with the laws of the State of Vermont. Vermont will accept an out-of-state employer's

workers’ compensation coverage while operating in Vermont provided that the insurance carrier is licensed to write

insurance in Vermont and an amendatory endorsement is added to the policy adding Vermont for coverage

purposes. Otherwise, the party shall secure a Vermont workers’ compensation policy, if necessary to comply with

Vermont law.

General Liability and Property Damage: With respect to all operations performed under this Agreement, the Party

shall carry general liability insurance having all major divisions of coverage including, but not limited to:

Premises - Operations

Products and Completed Operations

Personal Injury Liability

Contractual Liability

The policy shall be on an occurrence form and limits shall not be less than:

$1,000,000 Each Occurrence

$2,000,000 General Aggregate

$1,000,000 Products/Completed Operations Aggregate

$1,000,000 Personal & Advertising Injury

Automotive Liability: The Party shall carry automotive liability insurance covering all motor vehicles, including

hired and non-owned coverage, used in connection with the Agreement. Limits of coverage shall not be less than

$500,000 combined single limit. If performance of this Agreement involves construction, or the transport of

persons or hazardous materials, limits of coverage shall not be less than $1,000,000 combined single limit.

Additional Insured. The General Liability and Property Damage coverages required for performance of this

Agreement shall include the State of Vermont and its agencies, departments, officers and employees as Additional

Insureds. If performance of this Agreement involves construction, or the transport of persons or hazardous

materials, then the required Automotive Liability coverage shall include the State of Vermont and its agencies,

departments, officers and employees as Additional Insureds. Coverage shall be primary and non-contributory with

any other insurance and self-insurance.

Notice of Cancellation or Change. There shall be no cancellation, change, potential exhaustion of aggregate limits

or non-renewal of insurance coverage(s) without thirty (30) days written prior written notice to the State.

9. Reliance by the State on Representations: All payments by the State under this Agreement will be made in

reliance upon the accuracy of all representations made by the Party in accordance with this Agreement, including

but not limited to bills, invoices, progress reports and other proofs of work.

10. False Claims Act: The Party acknowledges that it is subject to the Vermont False Claims Act as set forth in 32

V.S.A. § 630 et seq. If the Party violates the Vermont False Claims Act it shall be liable to the State for civil

penalties, treble damages and the costs of the investigation and prosecution of such violation, including attorney’s

fees, except as the same may be reduced by a court of competent jurisdiction. The Party’s liability to the State

18 | Page Revised 03/26/2019

under the False Claims Act shall not be limited notwithstanding any agreement of the State to otherwise limit

Party’s liability.

11. Whistleblower Protections: The Party shall not discriminate or retaliate against one of its employees or agents

for disclosing information concerning a violation of law, fraud, waste, abuse of authority or acts threatening health

or safety, including but not limited to allegations concerning the False Claims Act. Further, the Party shall not

require such employees or agents to forego monetary awards as a result of such disclosures, nor should they be

required to report misconduct to the Party or its agents prior to reporting to any governmental entity and/or the

public.

12. Location of State Data: No State data received, obtained, or generated by the Party in connection with

performance under this Agreement shall be processed, transmitted, stored, or transferred by any means outside the

continental United States, except with the express written permission of the State.

13. Records Available for Audit: The Party shall maintain all records pertaining to performance under this

agreement. “Records” means any written or recorded information, regardless of physical form or characteristics,

which is produced or acquired by the Party in the performance of this agreement. Records produced or acquired in a

machine readable electronic format shall be maintained in that format. The records described shall be made

available at reasonable times during the period of the Agreement and for three years thereafter or for any period

required by law for inspection by any authorized representatives of the State or Federal Government. If any

litigation, claim, or audit is started before the expiration of the three-year period, the records shall be retained until

all litigation, claims or audit findings involving the records have been resolved.

14. Fair Employment Practices and Americans with Disabilities Act: Party agrees to comply with the

requirement of 21 V.S.A. Chapter 5, Subchapter 6, relating to fair employment practices, to the full extent

applicable. Party shall also ensure, to the full extent required by the Americans with Disabilities Act of 1990, as

amended, that qualified individuals with disabilities receive equitable access to the services, programs, and

activities provided by the Party under this Agreement.

15. Set Off: The State may set off any sums which the Party owes the State against any sums due the Party under

this Agreement; provided, however, that any set off of amounts due the State of Vermont as taxes shall be in

accordance with the procedures more specifically provided hereinafter.

16. Taxes Due to the State:

A. Party understands and acknowledges responsibility, if applicable, for compliance with State tax laws,

including income tax withholding for employees performing services within the State, payment of use tax

on property used within the State, corporate and/or personal income tax on income earned within the State.

B. Party certifies under the pains and penalties of perjury that, as of the date this Agreement is signed, the

Party is in good standing with respect to, or in full compliance with, a plan to pay any and all taxes due the

State of Vermont.

C. Party understands that final payment under this Agreement may be withheld if the Commissioner of Taxes

determines that the Party is not in good standing with respect to or in full compliance with a plan to pay any

and all taxes due to the State of Vermont.

D. Party also understands the State may set off taxes (and related penalties, interest and fees) due to the State

of Vermont, but only if the Party has failed to make an appeal within the time allowed by law, or an appeal

has been taken and finally determined and the Party has no further legal recourse to contest the amounts

due.

17. Taxation of Purchases: All State purchases must be invoiced tax free. An exemption certificate will be

furnished upon request with respect to otherwise taxable items.

19 | Page Revised 03/26/2019

18. Child Support: (Only applicable if the Party is a natural person, not a corporation or partnership.) Party states

that, as of the date this Agreement is signed, he/she:

A. is not under any obligation to pay child support; or

B. is under such an obligation and is in good standing with respect to that obligation; or

C. has agreed to a payment plan with the Vermont Office of Child Support Services and is in full compliance

with that plan.

Party makes this statement with regard to support owed to any and all children residing in Vermont. In addition, if

the Party is a resident of Vermont, Party makes this statement with regard to support owed to any and all children

residing in any other state or territory of the United States.

19. Sub-Agreements: Party shall not assign, subcontract or subgrant the performance of this Agreement or any

portion thereof to any other Party without the prior written approval of the State. Party shall be responsible and

liable to the State for all acts or omissions of subcontractors and any other person performing work under this

Agreement pursuant to an agreement with Party or any subcontractor.

In the case this Agreement is a contract with a total cost in excess of $250,000, the Party shall provide to the State a

list of all proposed subcontractors and subcontractors’ subcontractors, together with the identity of those

subcontractors’ workers compensation insurance providers, and additional required or requested information, as

applicable, in accordance with Section 32 of The Vermont Recovery and Reinvestment Act of 2009 (Act No. 54).

Party shall include the following provisions of this Attachment C in all subcontracts for work performed solely for

the State of Vermont and subcontracts for work performed in the State of Vermont: Section 10 (“False Claims

Act”); Section 11 (“Whistleblower Protections”); Section 12 (“Location of State Data”); Section 14 (“Fair

Employment Practices and Americans with Disabilities Act”); Section 16 (“Taxes Due the State”); Section 18

(“Child Support”); Section 20 (“No Gifts or Gratuities”); Section 22 (“Certification Regarding Debarment”);

Section 30 (“State Facilities”); and Section 32.A (“Certification Regarding Use of State Funds”).

20. No Gifts or Gratuities: Party shall not give title or possession of anything of substantial value (including

property, currency, travel and/or education programs) to any officer or employee of the State during the term of this

Agreement.

21. Copies: Party shall use reasonable best efforts to ensure that all written reports prepared under this Agreement

are printed using both sides of the paper.

22. Certification Regarding Debarment: Party certifies under pains and penalties of perjury that, as of the date

that this Agreement is signed, neither Party nor Party’s principals (officers, directors, owners, or partners) are

presently debarred, suspended, proposed for debarment, declared ineligible or excluded from participation in

Federal programs, or programs supported in whole or in part by Federal funds.

Party further certifies under pains and penalties of perjury that, as of the date that this Agreement is signed, Party is

not presently debarred, suspended, nor named on the State’s debarment list at:

http://bgs.vermont.gov/purchasing/debarment

23. Conflict of Interest: Party shall fully disclose, in writing, any conflicts of interest or potential conflicts of

interest.

24. Confidentiality: Party acknowledges and agrees that this Agreement and any and all information obtained by

the State from the Party in connection with this Agreement are subject to the State of Vermont Access to Public

Records Act, 1 V.S.A. § 315 et seq.

25. Force Majeure: Neither the State nor the Party shall be liable to the other for any failure or delay of

performance of any obligations under this Agreement to the extent such failure or delay shall have been wholly or

principally caused by acts or events beyond its reasonable control rendering performance illegal or impossible

20 | Page Revised 03/26/2019

(excluding strikes or lock-outs) (“Force Majeure”). Where Force Majeure is asserted, the nonperforming party must

prove that it made all reasonable efforts to remove, eliminate or minimize such cause of delay or damages,

diligently pursued performance of its obligations under this Agreement, substantially fulfilled all non-excused

obligations, and timely notified the other party of the likelihood or actual occurrence of an event described in this

paragraph.

26. Marketing: Party shall not refer to the State in any publicity materials, information pamphlets, press releases,

research reports, advertising, sales promotions, trade shows, or marketing materials or similar communications to

third parties except with the prior written consent of the State.

27. Termination:

A. Non-Appropriation: If this Agreement extends into more than one fiscal year of the State (July 1 to June

30), and if appropriations are insufficient to support this Agreement, the State may cancel at the end of the

fiscal year, or otherwise upon the expiration of existing appropriation authority. In the case that this

Agreement is a Grant that is funded in whole or in part by Federal funds, and in the event Federal funds

become unavailable or reduced, the State may suspend or cancel this Grant immediately, and the State shall

have no obligation to pay Subrecipient from State revenues.

B. Termination for Cause: Either party may terminate this Agreement if a party materially breaches its

obligations under this Agreement, and such breach is not cured within thirty (30) days after delivery of the

non-breaching party’s notice or such longer time as the non-breaching party may specify in the notice.

C. Termination Assistance: Upon nearing the end of the final term or termination of this Agreement, without

respect to cause, the Party shall take all reasonable and prudent measures to facilitate any transition

required by the State. All State property, tangible and intangible, shall be returned to the State upon

demand at no additional cost to the State in a format acceptable to the State.

28. Continuity of Performance: In the event of a dispute between the Party and the State, each party will continue

to perform its obligations under this Agreement during the resolution of the dispute until this Agreement is

terminated in accordance with its terms.

29. No Implied Waiver of Remedies: Either party’s delay or failure to exercise any right, power or remedy under

this Agreement shall not impair any such right, power or remedy, or be construed as a waiver of any such right,

power or remedy. All waivers must be in writing.

30. State Facilities: If the State makes space available to the Party in any State facility during the term of this

Agreement for purposes of the Party’s performance under this Agreement, the Party shall only use the space in

accordance with all policies and procedures governing access to and use of State facilities which shall be made

available upon request. State facilities will be made available to Party on an “AS IS, WHERE IS” basis, with no

warranties whatsoever.

31. Requirements Pertaining Only to Federal Grants and Subrecipient Agreements: If this Agreement is a

grant that is funded in whole or in part by Federal funds:

A. Requirement to Have a Single Audit: The Subrecipient will complete the Subrecipient Annual Report

annually within 45 days after its fiscal year end, informing the State of Vermont whether or not a Single

Audit is required for the prior fiscal year. If a Single Audit is required, the Subrecipient will submit a copy

of the audit report to the granting Party within 9 months. If a single audit is not required, only the

Subrecipient Annual Report is required.

For fiscal years ending before December 25, 2015, a Single Audit is required if the subrecipient expends

$500,000 or more in Federal assistance during its fiscal year and must be conducted in accordance with

OMB Circular A-133. For fiscal years ending on or after December 25, 2015, a Single Audit is required if

the subrecipient expends $750,000 or more in Federal assistance during its fiscal year and must be

21 | Page Revised 03/26/2019

conducted in accordance with 2 CFR Chapter I, Chapter II, Part 200, Subpart F. The Subrecipient Annual

Report is required to be submitted within 45 days, whether or not a Single Audit is required.

B. Internal Controls: In accordance with 2 CFR Part II, §200.303, the Party must establish and maintain

effective internal control over the Federal award to provide reasonable assurance that the Party is managing

the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the

award. These internal controls should be in compliance with guidance in “Standards for Internal Control in

the Federal Government” issued by the Comptroller General of the United States and the “Internal Control

Integrated Framework”, issued by the Committee of Sponsoring Organizations of the Treadway

Commission (COSO).

C. Mandatory Disclosures: In accordance with 2 CFR Part II, §200.113, Party must disclose, in a timely

manner, in writing to the State, all violations of Federal criminal law involving fraud, bribery, or gratuity

violations potentially affecting the Federal award. Failure to make required disclosures may result in the

imposition of sanctions which may include disallowance of costs incurred, withholding of payments,

termination of the Agreement, suspension/debarment, etc.

32. Requirements Pertaining Only to State-Funded Grants:

A. Certification Regarding Use of State Funds: If Party is an employer and this Agreement is a State-

funded grant in excess of $1,001, Party certifies that none of these State funds will be used to interfere with

or restrain the exercise of Party’s employee’s rights with respect to unionization.

B. Good Standing Certification (Act 154 of 2016): If this Agreement is a State-funded grant, Party hereby

represents: (i) that it has signed and provided to the State the form prescribed by the Secretary of

Administration for purposes of certifying that it is in good standing (as provided in Section 13(a)(2) of Act

154) with the Agency of Natural Resources and the Agency of Agriculture, Food and Markets, or otherwise

explaining the circumstances surrounding the inability to so certify, and (ii) that it will comply with the

requirements stated therein.

(End of Standard Provisions)

22 | Page Revised 03/26/2019

RFP/PROJECT:

DATE: Page 1 of 4

CERTIFICATE OF COMPLIANCE

For a bid to be considered valid, this form must be completed in its entirety, executed by a duly authorized representative of the bidder, and submitted as part of the response to the proposal.

A. NON COLLUSION: Bidder hereby certifies that the prices quoted have been arrived at without collusion and that no prior information concerning these prices has been received from or given to a competitive company. If there is sufficient evidence to warrant investigation of the bid/contract process by the Office of the Attorney General, bidder understands that this paragraph might be used as a basis for litigation.

B. CONTRACT TERMS: Bidder hereby acknowledges that is has read, understands and agrees to the terms of this RFP, including Attachment C: Standard State Contract Provisions, and any other contract attachments included with this RFP.

C. FORM OF PAYMENT: Does Bidder accept the Visa Purchasing Card as a form of payment?

____ Yes ____ No

D. CERTIFICATION FOR APPAREL, FOOTWEAR, AND TEXTILES (SWEATSHOP PROHIBITION): To the

extent this solicitation concerns the sale of apparel, footwear, or textiles, Bidder must submit the following information: (1) certification from each supplier in accordance with the requirements of 29 V.S.A. § 922(a), and (2) a list of the names and addresses of each supplier, as required by 29 V.S.A. § 922(b). Bidder certifies that if it is awarded a contract, it shall be obligated by 29 V.S.A. § 922(c) to promptly inform the Commissioner of Buildings and General Services of any change in the information furnished pursuant to this section.

23 | Page Revised 03/26/2019

RFP/PROJECT: DATE:

Page 2 of 4 E. Executive Order 05 – 16: Climate Change Considerations in State Procurements Certification

Bidder certifies to the following (Bidder may attach any desired explanation or substantiation. Please also note that Bidder may be asked to provide documentation for any applicable claims): 1. Bidder owns, leases or utilizes, for business purposes, space that has received:

❑ Energy Star® Certification

❑ LEED®, Green Globes®, or Living Buildings Challenge℠ Certification

❑ Other internationally recognized building certification:

____________________________________________________________________________ 2. Bidder has received incentives or rebates from an Energy Efficiency Utility or Energy Efficiency

Program in the last five years for energy efficient improvements made at bidder’s place of business. Please explain:

_____________________________________________________________________________ 3. Please Check all that apply:

❑ Bidder can claim on-site renewable power or anaerobic-digester power (“cow-power”). Or bidder

consumes renewable electricity through voluntary purchase or offset, provided no such claimed

power can be double-claimed by another party.

❑ Bidder uses renewable biomass or bio-fuel for the purposes of thermal (heat) energy at its place of

business.

❑ Bidder’s heating system has modern, high-efficiency units (boilers, furnaces, stoves, etc.), having

reduced emissions of particulate matter and other air pollutants.

❑ Bidder tracks its energy consumption and harmful greenhouse gas emissions. What tool is used to

do this? _____________________

❑ Bidder promotes the use of plug-in electric vehicles by providing electric vehicle charging, electric

fleet vehicles, preferred parking, designated parking, purchase or lease incentives, etc..

❑ Bidder offers employees an option for a fossil fuel divestment retirement account.

❑ Bidder offers products or services that reduce waste, conserve water, or promote energy efficiency

and conservation. Please explain:

____________________________________________________________________________

____________________________________________________________________________

4. Please list any additional practices that promote clean energy and take action to address climate change:

_____________________________________________________________________________ ____________________________________________________________________________

_____________________________________________________________________________

24 | Page Revised 03/26/2019

RFP/PROJECT: DATE:

Page 3 of 4

F. ENVIRONMENTAL INFORMATION FORM a. RECYCLED MATERIALS OR PRODUCTS: Bidders are to complete the following information in

reference to each item being quoted. Additional pages may be used if necessary.

Item # Brand/Manufacturer % Of Recycled Content % Post Consumer Content

b. MERCURY CONTENT CERTIFICATION: Bidder certifies that none of the items quoted in this RFP

and any contract issued as a result contain mercury except as identified below. Bidders shall also specify the amount of mercury contained in any of the products listed below. Additional pages may be used if necessary.

G. TOWNS AND SCHOOLS: Provisions for the purchase of supplies, materials, and equipment for Towns, Schools, Political Subdivisions, and Independent Colleges of the State of Vermont.

1. Bidder agrees to furnish the products identified in this response to the political subdivisions of the State

of Vermont at the same prices, terms and conditions as are quoted in this response? Yes _________ No _________

If no, kindly outline below the prices, terms, and conditions under which Bidder will agree to supply

these needs to the political subdivisions of the State of Vermont.

2. Bidder agrees to furnish the products identified in this response to the independent colleges of the State of Vermont at the same prices, terms and conditions as are quoted in this response? Yes ________ No __________ If no, kindly outline below the prices, terms, and conditions under which you will agree to supply these needs to the independent colleges of the State of Vermont.

It should be noted that if Bidder agrees to extend the State’s contract terms and prices to the political subdivisions or to independent colleges, all such items furnished will be billed directly to and paid for by the political subdivision or college and neither the State of Vermont, nor its Commissioner of Buildings and General Services, personally or officially, assumes any responsibility.

Item Part # Mercury Content

25 | Page Revised 03/26/2019

RFP/PROJECT: DATE:

Page 4 of 4

H. Acknowledge receipt of the following Addenda:

Addendum No.: Dated: Addendum No.: Dated: Addendum No.: Dated:

Bidder Name: Contact Name: Address: Fax Number: Telephone: E-Mail: By: Name: Signature of Bidder (or Representative) (Type or Print)

PRICE SCHEDULE

RFP – Computer Peripherals

1. Product Pricing

Item # Manufacturer Items Minimum off MSRP

1 %

2 %

3 %

4 %

5 %

6 %

7 %

8 %

9 %

10 %

The Market Basket form is also required to be filled out.

Name of Bidder: Signature of Bidder: Date:

2019 Peripheral RFP Market Basket BIDDERS NAME

Product Description Mfg Part # Manufacturer MSRP Bid Price

Kingston DataTraveler SE9 G2 - USB flash drive - 32 GB DTSE9G2/32GB Kingston Technology

Printek Premium - receipt paper - 6 roll(s) - Roll (21.6 cm x 24.4 m) 93209 Printek

IBM TotalStorage Enterprise Tape Media 3592 Economy - Magstar x 1 - 60 GB - storage media 24R0316 IBM

Interlink Electronics ePad with IntegriSign Signature Software VP9801 - touchpad - USB VP9801 Interlink Electronics

ViewSonic VX2452MH - LED monitor - Full HD (1080p) - 24" VX2452MH ViewSonic

Microphone-Style Driver’s License Area Imaging Scanner 4910LR-152-LTRK L-Tron

Belkin High Performance patch cable - 46 cm - blue A3L980-18IN-BLS Belkin

C2G 8ft Cat5e Snagless Unshielded (UTP) Network Patch Ethernet Cable-Gray - patch cable - 2.43 m - gray 00386 C2G

Kingston DataTraveler SE9 G2 - USB flash drive - 16 GB DTSE9G2/16GB Kingston Technology

TurningPoint ResponseCard RF RFC-02 Turning Point

Kingston DataTraveler Vault Privacy 3.0 - USB flash drive - 4 GB DTVP30/4GB Kingston Technology

Brother car power adapter LB3692 Brother

Seagate IronWolf ST12000VN0007 - hard drive - 12 TB - SATA 6Gb/s ST12000VN0007 Seagate

Product Description Mfg Part # Manufacturer MSRP Bid Price

AddOn 4GB Industry Standard DDR3-1600MHz UDIMM - DDR3 - 4 GB - DIMM 240-pin - unbuffered AA160D3N/4G AddOn

In-Vehicle Adapter- Cigarette Plug 93287 Printek

Printek Interceptor 800 Series - receipt printer - monochrome - direct thermal 93062 Printek

Plantronics headset amplifier cable Quick Disconnect to headset amplifier modular plug - 3 m 26716-01 Plantronics

Samsung 850 EVO MZ-75E250 - solid state drive - 250 GB - SATA 6Gb/s MZ-75E250B/AM Samsung

Belkin - video converter F2CD032b Belkin

HP - bond paper - 1 roll(s) - Roll (91.4 cm x 91.4 m) - 90 g/m² C6810A HP, Inc.

Logitech M500 - mouse - USB 910-001204 Logitech

Dell P2417H - LED monitor - Full HD (1080p) - 24" P2417H Dell

DYMO IND - flexible label tape - 1 roll(s) - Roll (1.9 cm x 4 m) 18489 Newell Rubbermaid

Acer B246HLymdr - LED monitor - Full HD (1080p) - 24" UM.FB6AA.001 Acer

Brother Standard - thermal paper - 600 sheet(s) - Letter LB3663 Brother

Logitech Wireless Combo MK270 - keyboard and mouse set - English 920-004536 Logitech

Tripp Lite 1ft Cat6 Gigabit Snagless Molded Patch Cable RJ45 M/M Blue 1' - patch cable - 30 cm - blue N201-001-BL Tripp Lite

Tripp Lite Premium Cat5 / Cat5e / Cat6 Gigabit Molded Patch Cable, 24 AWG, 550 MHz/1 Gbps (RJ45 M/M), Red, 3 ft. 3' - p… N200-003-RD Tripp Lite

WD My Passport Ultra WDBFKT0040BGY - hard drive - 4 TB - USB 3.0 WDBFKT0040BGY-WESN Western Digital

Kingston DataTraveler Vault Privacy 3.0 - USB flash drive - 8 GB DTVP30/8GB Kingston Technology

StarTech.com Multi-Direction Rack Cable Management D-Ring 2.4x3.9in(6x10cm) cable management ring - 1U CMHOOKMW StarTech.com

Unpkd Ram Mnt Adhesive Base Ram X-Grip RAP-B-378-UN7U Ram Mounts

Tripp Lite 2ft Cat6 Gigabit Snagless Molded Patch Cable RJ45 M/M Blue 2' - patch cable - 61 cm - blue N201-002-BL Tripp Lite

Kingston DataTraveler SE9 - USB flash drive - 16 GB DTSE9H/16GBZ Kingston Technology

SanDisk Extreme Go - USB flash drive - 128 GB SDCZ800-128G-A46 SanDisk

StarTech.com Dual-Monitor USB 3.0 Docking Station - DVI Out - Mac & Windows - docking station - DVI USB3SDOCKDD StarTech.com

Product Description Mfg Part # Manufacturer MSRP Bid Price

Tripp Lite - Patch cable - RJ-45 (M) - RJ-45 (M) - 1.5 m N201-005-BL Tripp Lite

Plantronics SupraPlus HW251N - headset 64338-31 Plantronics

Apple iPod touch - digital player - Apple iOS 12 MKH62LL/A Apple

OtterBox Defender Series Apple iPod touch 5G - case for player 77-25108 Otter Products

Tripp Lite 3ft Cat6 Gigabit Snagless Molded Patch Cable RJ45 M/M Blue 3' - patch cable - 0.9 m - blue N201-003-BL Tripp Lite

Plantronics EncorePro HW520 - headset 89434-01 Plantronics

Dell P2414H - LED monitor - Full HD (1080p) - 24" P2414H Dell

INTERCEPTOR 800 LEM HEADREST MOUNT, ANGLED 0.5IN POSTS 93410 Printek

HP Scanjet Pro 3000 s3 - document scanner - desktop - USB 3.0, USB 2.0 L2753A#BGJ HP, Inc.

StarTech.com Dual Monitor USB 3.0 Docking Station - HDMI & DVI/VGA - TAA - docking station - VGA, HDMI USB3SDOCKHDV StarTech.com

Comprehensive display adapter DPM-VGAF Comprehensive Cable

Tripp Lite 15ft Cat6 Gigabit Snagless Molded Patch Cable RJ45 M/M Blue 15' - patch cable - 4.6 m - blue N201-015-BL Tripp Lite

V7 MV3000 - mouse - USB - black, silver MV3000010-5NC V7

Apple iPad Air 2 Wi-Fi - tablet - 32 GB - 9.7" MNV22LL/A Apple

Microsoft Sculpt Comfort Mouse - mouse - Bluetooth 3.0 - black H3S-00003 Microsoft

APC Replacement Battery Cartridge #48 - UPS battery - lead acid RBC48 APC by Schneider Electric

BenQ MW824ST - DLP projector - portable - 3D MW824ST BenQ

V7 KU200US - keyboard - US - black KU200US V7

Canon imageFORMULA P-215II Scan-tini - document scanner - portable - USB 2.0 9705B007 Canon

HP ProBook 450 G3 - 15.6" - Core i7 6500U - 8 GB RAM - 256 GB SSD - US W0R57UT#ABA HP, Inc.

HP Smart - power adapter - 65 Watt - HP Smart Buy H6Y89UT#ABA HP, Inc.

Microsoft Surface Pro 4 Type Cover - keyboard - with trackpad, accelerometer - English - North America - black R9Q-00001 Microsoft

StarTech.com Server rack - 3U - 19in - vertical rack - wall mountable - Steel mounting bracket - 3U RK319WALLV StarTech.com

WD Red NAS Hard Drive WD60EFRX - hard drive - 6 TB - SATA 6Gb/s WD60EFRX Western Digital

Product Description Mfg Part # Manufacturer MSRP Bid Price

C2G 3ft Cat5e Snagless Unshielded (UTP) Network Patch Ethernet Cable - Blue - patch cable - 0.9 m - blue 15178 C2G

C2G 5ft Cat5e Snagless Unshielded (UTP) Network Patch Ethernet Cable - Blue - patch cable - 1.5 m - blue 15188 C2G

C2G 6ft Cat5e Snagless Unshielded (UTP) Network Patch Ethernet Cable-Blue - patch cable - 1.82 m - blue 00394 C2G

C2G 8ft Cat5e Snagless Unshielded (UTP) Network Patch Ethernet Cable-Blue - patch cable - 2.43 m - blue 00395 C2G

HP LaserJet Pro M402n - printer - monochrome - laser C5F93A#BGJ HP, Inc.

I800 LEM Headrest Mount, Angled 14mm posts 93411 Printek

StarTech.com 3 ft USB Y Cable for External Hard Drive - USB A to mini B - USB cable - 91 cm USB2HABMY3 StarTech.com

StarTech.com 6 ft Black USB 2.0 Extension Cable A to A - M/F - USB extension cable - 1.8 m USBEXTAA6BK StarTech.com

Tripp Lite 6ft DisplayPort Cable with Latches Video / Audio DP 4K x 2K M/M 6' - DisplayPort cable - 1.8 m P580-006 Tripp Lite

Acer V226HQL - LED monitor - Full HD (1080p) - 21.5" UM.WV6AA.B01 Acer

Apple iPad Air 2 Wi-Fi - tablet - 16 GB - 9.7" MGLW2LL/A Apple

Microsoft Surface Dock - docking station - 2 x Mini DP PF3-00005 Microsoft

Panasonic - notebook battery - Li-Ion - 6800 mAh CF-VZSU80U Panasonic

Panasonic CF-AA6413CM - power adapter CF-AA6413CM Panasonic

SIIG Premium Aluminum with Hub - Keyboard - USB JK-US0412-S1 SIIG

Acer - power adapter - 65 Watt NP.ADT11.00R Acer

Samsung 850 EVO MZ-75E500 - solid state drive - 500 GB - SATA 6Gb/s MZ-75E500B/AM Samsung

Tripp Lite 15ft Cat6 Gigabit Snagless Molded Patch Cable RJ45 M/M Gray 15' - patch cable - 4.6 m - gray N201-015-GY Tripp Lite

Brother PocketJet PJ-722 - printer - monochrome - direct thermal PJ722 Brother

Microsoft Surface Ethernet adapter - network adapter 3U7-00001 Microsoft

Samsung 860 EVO MZ-76E250E - solid state drive - 250 GB - SATA 6Gb/s MZ-76E250E Samsung

StarTech.com 6 ft DisplayPort to DVI Cable - M/M - display cable - 1.8 m DP2DVI2MM6 StarTech.com

ViewSonic VG2239m-LED - LED monitor - Full HD (1080p) - 22" VG2239M-LED ViewSonic

Product Description Mfg Part # Manufacturer MSRP Bid Price

Wasp WWS800 Freedom Wireless Scanner Kit - barcode scanner 633808920128 Wasp Barcode Technologies

WD Red NAS Hard Drive WD80EFZX - hard drive - 8 TB - SATA 6Gb/s WD80EFZX Western Digital

Canon PowerShot ELPH 180 - digital camera 1093C001 Canon

EDGE DiskGO C2 - USB flash drive - 8 GB PE230791 Edge Memory

Kensington USB Port Lock with Blockers - USB port blocker K67718US Kensington

Label for 3592 Tapes DSI3592LABEL DSI

LG 24MB35DM-B - LED monitor - Full HD (1080p) - 24" 24MB35DM-B LG Electronics

Logitech M185 - mouse - 2.4 GHz - swift gray 910-002225 Logitech

Maroo Executive Folio flip cover for tablet MR-MS3201 Cyber Acoustics

Microsoft docking station 3QM-00001 Microsoft

Microsoft Surface 3 - 10.8" - Atom x7 Z8700 - 4 GB RAM - 64 GB SSD LC5-00001 Microsoft

Microsoft Surface 3 Type Cover - keyboard - English - North America - black GV7-00001 Microsoft

OtterBox Defender Series iPad Air 2 Protective Case - ProPack "Each" - back cover for tablet 77-52008 Otter Products

Samsung SE-208DB - DVD±RW (±R DL) / DVD-RAM drive - USB 2.0 - external SE-208DB/TSWS Samsung

SanDisk Cruzer Glide - USB flash drive - 8 GB SDCZ60-008G-A46 SanDisk

Tripp Lite Cat6a 10G-Certified Snagless Shielded STP Network Patch Cable (RJ45 M/M), PoE, Black, 1 ft. - patch cable - … N262-001-BK Tripp Lite