request for proposals...page 5 of 23 after the deadline for submitting proposals, the evaluation...

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REQUEST FOR PROPOSALS

Issued by:

Office of the Legislative Fiscal Analyst, a staff office of the Utah State Legislature

Purchase of Copying or Printing Equipment and

Associated Maintenance and Supplies

RFP No. LFA 2018-02

August 10, 2018

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I. DEFINITIONS

As used in this RFP:

1. “CONTRACTOR” means the person whose proposal is selected for an award of a

contract pursuant to this RFP and who enters into a contract with LFA.

2. “COPIER A” means the Xerox DPS 157 copier, or a SUBSTANTIALLY

EQUIVALENT PRODUCT, and all equipment, software, and accessories that

accompany and are included with the Xerox DPS 157 copier or SUBSTANTIALLY

EQUIVALENT PRODUCT.

3. “COPIER B” means the Xerox Versant 180 PRF PRES copier, or a

SUBSTANTIALLY EQUIVALENT PRODUCT, and all equipment, software, and

accessories that accompany and are included with the Xerox Versant 180 PRF PRES

copier or SUBSTANTIALLY EQUIVALENT PRODUCT.

4. “COPIER C” means the Xerox 560 copier that LEGISLATIVE PRINTING currently

owns and uses. If a proposal proposes to replace the Xerox 560 copier, then

“COPIER C” means the printer or copier that replaces the Xerox 560 copier and all

equipment, software, and accessories that accompany and are included with the

replacement printer or copier.

5. “LEGISLATIVE PRINTING” means the Legislative Printing Office, a staff office of

the Utah State Legislature, located at 350 North State Street (State Capitol Building),

Suite 10, Salt Lake City, Utah.

6. “LEGISLATURE” means:

a. the Utah State Legislature, including the Utah House of Representatives and

the Utah Senate;

b. the members, staff, and employees of the Utah State Legislature, the Utah

House of Representatives, or the Utah Senate; and

c. staff offices of the Utah State Legislature, the Utah House of Representatives,

or the Utah Senate, and employees of those staff offices.

7. “LFA” means the Office of the Legislative Fiscal Analyst, a staff office of the Utah

Legislature, located at the Utah State Capitol Complex, House Building, Suite W310,

Salt Lake City, Utah.

8. "MDT" means Mountain Daylight Time.

9. “PRODUCTS” means COPIER A and COPIER B and, if a proposal proposes to

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replace LEGISLATIVE PRINTING’s Xerox 560 copier, COPIER C.

10. “RESPONDER” means a person who submits a proposal in response to this RFP

and, in the case of the person who is awarded a contract pursuant to this RFP,

includes the CONTRACTOR.

11. “RESPONSIBLE” means being capable, in all respects, of:

a. meeting all the requirements of this RFP; and

b. fully performing all the requirements of the contract resulting from the RFP,

including being financially solvent with sufficient financial resources to

perform the contract.

12. “RESPONSIVE” means conforming in all material respects to the requirements of

this RFP.

13. "RFP" means this request for proposals issued by LFA, No. LFA 2018-02.

14. “SUBSTANTIALLY EQUIVALENT PRODUCT” means a product, other than the

specified product, of any brand if, as determined by LFA:

a. the product is equal to or exceeds the specified product in terms of the

product’s use, quality, economy, and performance; and

b. the product is capable of communicating and interfacing consistently,

accurately, and effectively with COPIER C and will in fact communicate and

interface consistently, accurately, and effectively with COPIER C.

II. PURPOSE OF REQUEST FOR PROPOSALS -- SPECIFICATIONS

The purpose of this RFP is for the outright purchase of one COPIER A and one COPIER B to be

used in LEGISLATIVE PRINTING. LFA is also willing to consider proposals that propose to

sell LFA another copier to replace COPER C, as provided in Section II. 4 of this RFP. The

purpose of this RFP is also to secure a servicing agreement under which the CONTRACTOR

will maintain and service the PRODUCTS. Any proposal that includes an offer to replace

COPIER C shall also include an offer to maintain and service that replacement copier or printer

in accordance with the maintenance and service requirements under Section IV.

1. COPIER A

a. COPIER A is required to include the following features and capabilities:

• Basic Finisher Module

• Top Cover High Capacity

• Feed Module 4 Tray

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• Imposition License

• Insert Module 4 Tray

• 2nd Lf Feed Mod 2t

• Postscript Ppml Sw

b. LFA would prefer that COPIER A also have the capability to save

LEGISLATIVE PRINTING’s existing .rdo format files for future use.

c. The specifications that a SUBSTANTIALLY EQUIVALENT PRODUCT to

COPIER A is required to have include:

i. copy or print resolution of 2400x2400 dpi;

ii. an integrated scanner with approximately a 250-sheet capacity;

iii. ability to print tabs;

iv. ability to print double-sided on gloss cover;

v. three-hole punch and staple functionality;

vi. load-while-run toner and paper capability;

vii. duty cycle, productivity, and print speeds substantially similar to the

Xerox DPS 157 copier; and

viii. paper flexibility and weight specifications substantially similar to the

Xerox DPS 157 copier.

2. COPIER B

a. COPIER B is required to include the following features and capabilities:

i. a Fiery-based print server, or a comparable and equally functional and

reliable interface module with networking capabilities;

ii. a high capacity extra paper tray (minimum of 2,500 sheets).

b. The specifications that a SUBSTANTIALLY EQUIVALENT PRODUCT to

COPIER B is required to have include:

i. copy or print resolution of 2400x2400 dpi;

ii. an integrated scanner with approximately a 250-sheet capacity;

iii. ability to print tabs;

iv. ability to print double-sided on gloss cover;

v. three-hole punch and staple functionality;

vi. load-while-run toner and paper capability;

vii. duty cycle, productivity, and print speeds substantially similar to the

Xerox Versant 180 PRF PRES;

viii. paper flexibility and weight specifications substantially similar to the

Xerox Versant 180 PRF PRES;

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ix. print quality that, as judged by LFA, is similar to the Xerox Versant 180

PRF PRES for all jobs, including large jobs from beginning to end;

x. finisher, folder, booklet maker, and square fold face trim; and

xi. ability to fold 11x17 into engineering fold for input into 8.5x11 binder.

3. ADDITIONAL SPECIFICATIONS FOR COPIER A AND COPIER B

COPIER A and COPIER B must communicate and interface with each other and with

COPIER C consistently, accurately, and effectively.

4. OTHER COPIER

If a RESPONDER’s proposal includes a COPIER A and COPIER B that will not meet the

communication and interfacing requirement with COPIER C, as outlined in Section II. 3,

LFA is willing to consider a proposal for LFA to purchase a copier as a replacement for

COPIER C, in addition to purchasing COPIER A and COPIER B, so that all three copiers

meet the communication and interfacing requirement. Any proposal that proposes to

replace COPIER C is subject to evaluation under this RFP the same as any other proposal

and will be scored in accordance with the criteria stated in Section V of this RFP, including

the scoring of cost.

III. TIMELINE OF RFP PROCESS

The following timeline (subject to change by addendum) will be followed with respect to this

RFP:

1. RFP issuance date: August 10, 2018.

2. Tour of LEGISLATIVE PRINTING: All potential RESPONDERs are invited to

tour LEGISLATIVE PRINTING to observe and gather information about the

operations of LEGISLATIVE PRINTING and the type of equipment used and

needed by LEGISLATIVE PRINTING in its operations. The tour will take place at

LEGISLATIVE PRINTING on Wednesday, August 22, 2018 at 10:00 a.m. MDT.

3. Deadline for submitting questions for clarification of RFP provisions: 5:00 p.m.

MDT on Friday, August 24, 2018.

4. Date by which LFA expects to issue an addendum or addenda to the RFP to answer

questions submitted before the deadline described in Section III. 3 of this RFP:

August 30, 2018.

5. Deadline for submitting a proposal in response to this RFP: 12:00 noon MDT on

Thursday, September 6, 2018.

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After the deadline for submitting proposals, the evaluation committee will notify RESPONDERs

of the timeline the evaluation committee anticipates following to evaluate proposals and

recommend a proposal to LFA.

IV. REQUEST FOR PROPOSALS GUIDELINES

1. SUBMISSION TIME, PLACE, AND MANNER

Proposals submitted in response to this RFP may NOT be submitted via SciQuest.

An electronic copy in PDF format must be received by the RFP contact, Robert H.

Rees, on or before 12:00 noon MDT on Thursday, September 6, 2018. The electronic

copy may be submitted by email to [email protected] (the email transmission,

including attachments, is limited to 25MB per email; larger submissions must be

broken into parts and submitted separately) or may be provided on a disk and

delivered to the following address:

Attention: Robert H. Rees

Associate General Counsel

Office of Legislative Research and General Counsel

Utah State Capitol Complex, W210 House Building

PO Box 145210

Salt Lake City, Utah 84114-5210

LFA will not consider proposals received after 12:00 noon MDT on September 6,

2018.

2. RESPONDER INFORMATION

The first page of the proposal must include the following information:

a. Title: "Proposal in Response to RFP for the Purchase of Copying or Printing

Equipment and Associated Maintenance and Supplies, RFP No. LFA 2018-

02."

b. RESPONDER Summary Information:

Name:

Contact Person:

Address:

Telephone:

Fax:

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Email:

Federal Tax ID Number:

c. Brand name and model of copiers or printers included in the proposal.

3. A RESPONDER shall indicate in a proposal whether the RESPONDER is willing to

conduct a product demonstration, as described in Section V. 1. c of this RFP, if the

RESPONDER’s proposal is still under consideration in Stage 2 of the evaluation

process, as described in Section V.

4. In a separate electronic document entitled “Cost,” a RESPONDER shall include all

information on the cost of the PRODUCTS, as provided in Section IV. 8 of this RFP.

A proposal may be rejected as not RESPONSIVE if any cost information is included

in any portion of the proposal other than in the “Cost” document.

5. A proposal shall include three references relating to copier or printer maintenance and

service provided by RESPONDER for copiers or printers roughly comparable to the

PRODUCTS. For each reference, RESPONDER shall provide the name of the

company or other entity whose copiers or printers RESPONDER has maintained or

serviced, the name, position, telephone number, and email address of an individual

employed by the company or other entity with personal knowledge about the

maintenance or service provided by RESPONDER, and the period of time during

which RESPONDER provided copier or printer maintenance and service to the

company or other entity.

6. RFP COMPLIANCE

A proposal shall separately state that the proposal meets, and the RESPONDER

agrees to comply with, all provisions of this RFP, including all attachments and

addenda to the RFP. A proposal that fails to do this may be rejected as not

RESPONSIVE.

7. PRODUCT REQUIREMENTS

a. In a proposal submitted in response to this RFP, a RESPONDER shall propose

to provide both COPIER A and COPIER B. A proposal that proposes to

provide only COPIER A or COPIER B will be rejected as not RESPONSIVE.

b. A RESPONDER may also submit a proposal that proposes to sell a copier or

printer to replace COPIER C, as provided in Section II. 4 of this RFP.

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c. All PRODUCTS included in a proposal submitted in response to this RFP:

i. shall be in new, unused condition;

ii. shall be in current production;

iii. shall be manufactured by a reputable, established manufacturer with a

nationally known major brand name;

iv. shall be available for sale on the proposal due date;

v. shall be completely installed at LEGISLATIVE PRINTING and fully

operational no later than 30 days after execution of the agreement

awarded under this RFP, but in no event later than November 16, 2018;

vi. may not be announced by the manufacturer as discontinued on or before

the proposal due date; and

vii. may not be, and may not include components or parts that are,

discontinued, refurbished, rebuilt, reconditioned, remanufactured, or

newly remanufactured;

d. All copiers or printers provided pursuant to a proposal submitted in response to

this RFP shall be delivered with regular, full-size consumable supplies

(excluding paper), which are included in the purchase price of the copier or

printer. “Less than full size” start-up kits are not acceptable.

e. The RESPONDER shall provide a product brochure for each copier or printer

included in the proposal submitted by the RESPONDER.

f. Buyers Laboratory, Inc. will be used by LFA as a reference guide for

specifications clarification and definitions if not otherwise specified or defined

in this RFP. LFA reserves the right to verify information with other published

sources.

8. COST

a. In the cost portion of a proposal, a RESPONDER shall provide detailed

information on all costs associated with LFA’s purchase of the PRODUCTS

and on all costs associated with maintaining and servicing the PRODUCTS for

a period of seven years after installation of the PRODUCTS, including click

charges and any other charges. A RESPONDER shall indicate in a single cost

figure, supported by the detailed information provided, the combined total of

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the overall cost of the RESPONDER’s proposal, including all costs associated

with LFA’s purchase of the PRODUCTS and all costs associated with

maintaining and servicing the PRODUCTS for a period of seven years after

installation of the PRODUCTS. That single combined cost figure will be used

as the basis for awarding points for costs under Section V.1.c. A

RESPONDER is prohibited from charging for any costs not detailed in the

RESPONDER's proposal.

b. The cost information for maintaining and servicing the PRODUCTS may be

based on click charges or any other method the RESPONDER chooses, but the

total cost for maintaining and servicing the PRODUCTS for seven years after

installation must be clearly stated. If click charges are used as a basis for the

cost for maintaining and servicing the PRODUCTS, the following annual click

amounts shall be used as a basis for calculating that cost:

Annual Clicks

2018 Actual Peak Period

(Jan to Mar) Clicks For

Copiers Being Replaced

(These clicks are included in the

annual clicks but are broken out here

for informational purposes only to

demonstrate the high usage that

occurs during the peak period)

B & W Color B & W Color

Copier A

8,272,000 1,372,782

Copier B

193,000 408,500 87,511 145,584

Copier C

(if applicable)

619,000 371,500 163,549 203,162

c. RESPONDERs are required to provide line item pricing FOB Destination

Freight Prepaid. Shipping terms will be FOB Destination Freight Prepaid.

d. The CONTRACTOR will be required to dismantle, haul away, and take

possession and ownership of all equipment of LEGISLATIVE PRINTING

being replaced by the PRODUCTS. Any cost associated with this

requirement shall be borne by the CONTRACTOR and factored into the cost

component included in a proposal. A RESPONDER may factor into the cost

portion of a proposal any trade-in value of equipment that the CONTRACTOR

is required to take possession and ownership of under this section.

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9. PROPOSALS ARE BINDING

All proposals are required to be signed by a person in authority to bind the

RESPONDER to the proposal, the cost stated in the cost portion of the proposal, and

the terms and conditions of the proposal. A proposal may not be withdrawn for a

period of 60 days after the RFP due date. By submitting a proposal, the

RESPONDER certifies that all information provided by the RESPONDER is true,

complete, and accurate, that the RESPONDER is willing and able to furnish the

PRODUCTS, maintenance, and service specified, that the costs quoted are correct,

and that the costs quoted include all charges that will be required from the LFA,

LEGISLATIVE PRINTING, or the LEGISLATURE in relation to the PRODUCTS,

including the installation of the PRODUCTS, maintenance and service for the

PRODUCTS, and any and all other expenses or charges related to the PRODUCTS.

10. MANUFACTURER OR AUTHORIZED DEALER

A RESPONDER shall be a manufacturer or a manufacturer’s authorized dealer. A

RESPONDER who submits a proposal as a manufacturer’s authorized dealer shall

supplement the proposal with a letter from the manufacturer for which the

RESPONDER is an authorized dealer certifying that the RESPONDER is a bona fide

authorized dealer for the specific product presented and that the RESPONDER is

authorized to submit a proposal on the product.

11. UTAH STOREFRONT

A RESPONDER is required to have a storefront in the state of Utah. The storefront

must have been established at least 3 months before the proposal submission due

date and must be currently functioning as an authorized dealer of at least one

manufacturer’s line of copiers, and serving customers with copier equipment sales,

OEM maintenance, and OEM consumable supplies.

12. SERVICE AREA, MAINTENANCE, AND SUPPLIES

a. A RESPONDER must have certified trained service technicians that service

the area that includes the Utah State Capitol Complex.

b. All service performed on the PRODUCTS will be performed by factory

certified trained personnel.

c. PRODUCTS will be maintained to manufacturer’s specifications to keep the

PRODUCTS fully and properly operating with full functionality at all times.

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d. Maintenance required for PRODUCTS under an agreement pursuant to this

RFP includes labor, toner, developer, OEM parts, photo-receptor (drum) or

master units, and all consumables except staples and paper.

e. The CONTRACTOR will do periodic or preventive maintenance as specified

by the manufacturer’s guidelines. The CONTRACTOR will perform an

unscheduled basic service and cleaning on all the PRODUCTS purchased by

LFA from the CONTRACTOR that have not received a service call within six

months.

f. All consumable supplies provided by the CONTRACTOR will be OEM

supplies.

13. SERVICE AND RESPONSE TIME

a. Except for black and white copying during the General Session of the Utah

Legislature (beginning the fourth Monday in January and ending 46 calendar

days later), service on the PRODUCTS must be available between normal

working hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, except

normal holidays. The CONTRACTOR will adhere to a three-hour maximum

response time on inoperable PRODUCTS and a six-hour maximum response

time on operable PRODUCTS (copy quality problems may render

PRODUCTS inoperable based on the needs of LFA, LEGISLATIVE

PRINTING, or the LEGISLATURE). Within one-half hour after

LEGISLATIVE PRINTING’s request for service, the servicing technician will

notify LEGISLATIVE PRINTING of the estimated arrival time for service. If

any of the PRODUCTS requires more than two days’ down time, the

CONTRACTOR will provide a loaner immediately upon request by LFA or

LEGISLATIVE PRINTING.

b. During the Annual General Session of the Utah Legislature (beginning the

fourth Monday in January and ending 46 calendar days later), service for black

and white copying must be available 24 hours per day, 7 days per week,

including holidays. The CONTRACTOR will be required to adhere to a one-

hour maximum response time on inoperable PRODUCTS and a three-hour

maximum response time on operable PRODUCTS (copy quality problems may

render PRODUCTS inoperable based on the needs of LFA, LEGISLATIVE

PRINTING, or the LEGISLATURE). Within one-half hour after

LEGISLATIVE PRINTING’s request for service, the servicing technician will

notify LEGISLATIVE PRINTING of the estimated arrival time for service. If

any copier or printer requires more than 24-hours down time, the

CONTRACTOR will provide a loaner immediately upon request by LFA or

LEGISLATIVE PRINTING.

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c. The CONTRACTOR shall keep LEGISLATIVE PRINTING supplied with

replacement parts for the PRODUCTS to keep on hand, including fusers,

drums, print modules, and other replaceables, allowing LEGISLATIVE

PRINTING to change out these parts as needed.

14. REQUEST FOR SERVICE HISTORY

The CONTRACTOR shall provide to LEGISLATIVE PRINTING, within five

working days after LEGISLATIVE PRINTING’s request and at no charge, a

complete and comprehensive service history printout on any of the PRODUCTS

provided by the CONTRACTOR. This service history report shall include an outline

of all service calls, response times, failures, copies between service calls, and

monthly copy volume.

15. SERVICE AND PARTS GUARANTEE

RESPONDER shall guaranty available factory trained OEM service and OEM parts

and supplies for seven years from the date of purchase.

16. CONTRACTOR's RESPONSIBILITY

The CONTRACTOR is solely responsible for fulfilling the responsibilities under the

terms and conditions of the contract.

17. CHANGE OF REPRESENTATIVES

LFA reserves the right to require a change in the CONTRACTOR's representative(s)

if the assigned representative(s) is/are not, in the opinion of the LFA, adequately

meeting the needs of LFA or LEGISLATIVE PRINTING.

18. MANUFACTURER'S WARRANTY

PRODUCTS shall have warranties that are industry standard on scope and length of

coverage. Warranties shall begin from the “up and running” installation date.

Warranties shall be full service warranties that include all OEM parts, materials, all

OEM consumable supplies (except for staples and paper) and labor.

19. TRAINING

The CONTRACTOR shall provide, at no additional charge, training to

LEGISLATIVE PRINTING staff on the use of the PRODUCTS and accompanying

software and on replacement of fusers, drums, print modules, and other replaceables,

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sufficient to enable LEGISLATIVE PRINTING staff to operate the PRODUCTS for

the printing needs and purposes of LEGISLATIVE PRINTING.

V. EVALUATION AND CONTRACT

1. EVALUATION

a. All proposals submitted by the deadline stated in Section III. 5. will undergo a

technical review for compliance with RFP requirements and for a

determination of whether the RESPONDER appears objectively to be

RESPONSIBLE. Proposals that are not RESPONSIVE and proposals from

RESPONDERs who have not adequately demonstrated that they are

RESPONSIBLE will be eliminated from further consideration.

b. Stage 1:

The evaluation committee will evaluate proposals that are not eliminated in the

technical review in accordance with the following criteria:

Points Criteria

50 The quality, reliability, and durability of the PRODUCTS; the

extent to which the PRODUCTS will meet the needs and

expectations of LEGISLATIVE PRINTING; the extent to which

the PRODUCTS meet the specifications described in this RFP; and

the extent to which the PRODUCTS will provide the best solution

for and best value to LFA and LEGISLATIVE PRINTING.

20 The demonstrated ability of the RESPONDER to provide the

required level and quality of service to LEGISLATIVE

PRINTING for the PRODUCTS; the RESPONDER’s history in

providing high quality and reliable copier or printer service,

including the experience of those listed by RESPONDER as

references; and RESPONDER’s commitment to providing the

level and quality of service described in this RFP and necessary for

LEGISLATIVE PRINTING to perform its functions effectively

and efficiently for the LEGISLATURE.

Proposals that receive a score lower than 50 will be eliminated from further

consideration. All proposals that receive a score of 50 or higher will advance to

Stage 2 for further consideration.

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c. Stage 2:

i. The evaluation committee will attend a product demonstration conducted by

each RESPONDER whose proposal is under consideration in Stage 2 and who

has indicated in its proposal that the RESPONDER is willing to conduct a

demonstration of the PRODUCTS that are the subject of the proposal. A

RESPONDER who makes a product demonstration shall, at the

RESPONDER's expense, conduct the demonstration at a location within 25

miles of the Utah State Capitol Building. A demonstration may include

questions by the evaluation committee and answers by the RESPONDER

related to the characteristics, performance, reliability, and other aspects of the

PRODUCTS being demonstrated. The evaluation committee will schedule

these demonstrations with eligible RESPONDERs to take place between

September 10 and 14, 2018.

ii. Following the completion of all product demonstrations, the evaluation

committee will evaluate proposals that are under consideration in Stage 2 in

accordance with the following criteria, taking into account the proposals and

information the evaluation committee gains through contacting references

provided by RESPONDERs and through the product demonstrations:

Points Criteria

50 The quality, reliability, and durability of the PRODUCTS; the

extent to which the PRODUCTS will meet the needs and

expectations of LEGISLATIVE PRINTING; the extent to which

the PRODUCTS meet the specifications described in this RFP; and

the extent to which the PRODUCTS will provide the best solution

for and best value to LFA and LEGISLATIVE PRINTING.

20 The demonstrated ability of the RESPONDER to provide the

required level and quality of service to LEGISLATIVE

PRINTING for the PRODUCTS; the RESPONDER’s history in

providing high quality and reliable copier or printer service,

including the experience of those listed by RESPONDER as

references; and RESPONDER’s commitment to providing the

level and quality of service described in this RFP and necessary for

LEGISLATIVE PRINTING to perform its functions effectively

and efficiently for the LEGISLATURE.

iii. The points awarded for cost, as provided in Section V. 1. c. iv, will be added

to the score awarded to the proposal by the evaluation committee in Stage 2 to

arrive at a final score for each proposal. The evaluation committee will then

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make its recommendation to LFA as to which proposal the evaluation committee

believes provides the best value to LFA and LEGISLATIVE PRINTING.

iv. A RESPONDER whose proposal is being evaluated in Stage 2 may be

awarded a maximum of 30 points for the cost portion of a RESPONDER’s

proposal. The proposal with the overall lowest cost will be awarded 30 points.

If multiple proposals have the same cost, they will each be awarded 30 points for

the cost portion. Each other proposal will be awarded points for the cost portion

of the proposal calculated as follows:

A. The amount of the lowest-cost proposal will be subtracted from the cost

of the proposal under consideration;

B. The resulting number under Section V. 1. c. iii. A. will be divided by

the amount of the lowest-cost proposal;

C. The resulting number under Section V. 1. c. iii. B. will be multiplied by

30, and the resulting number will be rounded to the nearest whole number;

and

D. The resulting whole number under Section V. 1. c. iii. C. will be

subtracted from 30, and the resulting number is the number of points

awarded to the proposal for cost.

The cost that will be considered in determining points awarded for the cost

component of a proposal is the single cost figure referred to in Section IV. 8.

combining all costs associated with LFA’s purchase of the PRODUCTS with all

costs associated with maintaining and servicing the PRODUCTS for a period of

seven years after installation of the PRODUCTS.

v. The cost of a proposal that proposes to sell and maintain and service a COPIER

C will be reduced by the cost that LFA would have incurred anyway as click

charges for the Xerox 560 copier being replaced.

2. Best and final offers may be allowed, as provided in Utah Code Section 63G-6a-

707.5, if all proposals being considered in Phase 2 exceed LFA’s available funding for the

purchase of the PRODUCTS or if two or more proposals under consideration in Phase 2

receive an identical evaluation score that is the highest score.

3. CONTRACT

The successful RESPONDER will be required to enter into a contract containing

the terms and conditions described in this RFP and Attachment A.

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5. RFP COMPLIANCE

LFA reserves the right, by itself or through its evaluation committee, to:

d. reject a proposal on the ground that it is not RESPONSIVE;

e. reject a proposal on the ground that it is submitted by a RESPONDER that is

not RESPONSIBLE;

f. request additional financial information, including audited financial statements,

from a RESPONDER in case of a doubt or concern about whether a

RESPONDER has sufficient financial resources to perform the contract; and

g. waive minor, immaterial informalities or minor, immaterial technical errors in

a proposal.

6. PROPOSALS ARE BINDING

All proposals are required to be signed by a person in authority to bind the

RESPONDER to the proposal, the proposal cost, and the terms and conditions of the

proposals. Proposals may not be withdrawn for a period of 60 days after the RFP due

date. By submitting a proposal, the RESPONDER certifies that all information

provided by the RESPONDER is true, complete, and accurate; that the

RESPONDER is willing and able to provide the PRODUCTS in the manner

described in this RFP; that any costs or hourly rates quoted are correct; and that the

costs quoted include all charges that will be required in relation to the PRODUCTS

as described in this RFP.

7. RESPONDER'S RESPONSIBILITY

The successful RESPONDER is solely responsible for fulfilling the responsibilities

under the terms and conditions of the contract resulting from this RFP.

VI. OTHER REQUIREMENTS

a. The RESPONDER's name must appear on each page of the proposal. Erasures,

cross-outs, alterations, corrections, or other changes must be initialed by the

person who signs the proposal. The proposal must contain evidence that the

person who signs the proposal is authorized to bind the RESPONDER in relation

to the proposal.

b. By submitting a proposal in response to this RFP, RESPONDER acknowledges

that the requirements, scope of work, and evaluation process described in this

RFP are fair, equitable, not unduly restrictive, understood, and agreed to. Any

exceptions to the content of the RFP must be protested in writing before the RFP

proposal submission deadline.

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c. UTAH PROCUREMENT CODE

All proposals will be evaluated in accordance with the requirements of Utah Code,

Title 63G, Chapter 6a, Utah Procurement Code.

d. CONTRACT

a. The contract will be tentatively awarded (pending successful contract

negotiations) to the RESPONDER whose proposal receives the highest

score, taking into consideration evaluation factors described in this RFP.

b. The contract shall include the provisions of this RFP, including the

standard terms and conditions included in Attachment A.

c. LFA reserves the right to refuse to negotiate on an exception if LFA

determines that the exception is excessive or not in the interest of LFA,

LEGISLATIVE PRINTING, or the state, or that negotiations could result

in significant costs to LFA, LEGISLATIVE PRINTING, or the state or

take a significant period of time.

d. LFA reserves the right to review the contract on a regular basis in relation

to performance and cost and may renegotiate terms relating to cost and

service during the term of the contract.

e. All pricing shall be guaranteed for the entire term of the contract,

including any extensions or amendments.

VII. RFP CONTACT

LFA is the issuer of this RFP and any subsequent addenda to this RFP. Inquiries regarding

this RFP should be directed, in writing by email, to:

Robert H. Rees

Associate General Counsel

Office of Legislative Research and General Counsel

Email: [email protected]

VIII. QUESTIONS

Questions about or requests for clarification of the RFP must be submitted by email to Robert

H. Rees at [email protected] no later than 5:00 p.m. MDT on Friday, August 24, 2018. LFA will

provide responses to substantive questions and responses to requests for clarification in the form

of an addendum to this RFP.

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IX. ADDENDA

a. All addenda to this RFP, including answers to questions provided by addendum,

will be posted on the Utah Legislature's website at:

http://le.utah.gov

Click on the triple horizontal bar in the upper right-hand corner of the page, then on

“Publications” and then on “Requests for Proposals and Legal Notices.”

b. Addenda and notifications of addenda are not required to be provided in any other

manner. All RESPONDERs, potential RESPONDERs, and other interested

persons are required to check the website on a regular basis in order to receive

notice of or a copy of any addendum.

c. LFA may attempt, but is not required, to provide email notification of an

addendum to any person who sends a request to receive notification to:

[email protected]

X. PROTECTED INFORMATION

Protection or disclosure of information submitted in response to this RFP is governed by

applicable provisions of the Utah Code, including Title 63G, Chapter 2, Government

Records Access and Management Act. A RESPONDER who desires to request protected

status of any information submitted in the proposal must specifically identify the

information that the RESPONDER desires to protect and the reasons that the information

should be afforded protected status under the law. In making this request, the

RESPONDER shall comply with the requirements of Utah Code Section 63G-2-305, Utah

Code Section 63G-2-309, and all other applicable requirements of law. The decision of

LFA regarding the protected status of information shall be final and binding on the

RESPONDER. Each RESPONDER shall indemnify, defend, and hold forever harmless

LFA, LEGISLATIVE PRINTING, and the LEGISLATURE from any and all liability

relating to the disclosure of information included in the RESPONDER's proposal

submitted in response to this RFP, even if the RESPONDER requested protected or other

confidential status for the information. Attempts to designate an entire proposal, or large

portions of a proposal, as protected will not be honored. Attempts to protect information

relating to cost will also not be honored.

XI. MODIFICATIONS TO, OR WITHDRAWAL OF, PROPOSAL

A RESPONDER may modify or withdraw the RESPONDER's proposal, at any time before

the deadline for submitting a proposal, by providing a written modification or a written

statement withdrawing the proposal to the RFP contact. Modifications or letters of

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withdrawal received by the RFP contact after the closing date and time for submitting a

proposal will be rejected as invalid. The version of a proposal in response to this RFP, as

it exists at the deadline for submitting a proposal, will be binding on the RESPONDER.

XII. COST OF RESPONDING TO RFP AND CONTRACT NEGOTIATIONS

a. All expenses relating to responding to this RFP, including preparing, submitting,

and presenting a proposal, attending meetings or interviews in relation to this

RFP, discussions, and all travel, dining, lodging, and communication expenses

will be borne by the RESPONDER. LFA and LEGISLATIVE PRINTING

assume no liability for any costs incurred by a RESPONDER in responding to this

RFP.

b. All expenses of the successful RESPONDER relating to conducting contract

negotiations, including drafting, research, legal review, preparation, attending

meetings, site visits, travel, dining, lodging, and communication expenses will be

borne by the RESPONDER. LFA and LEGISLATIVE PRINTING assume no

liability for any costs incurred by a RESPONDER relating to contract

negotiations.

c. RESPONDER is not entitled to recover from LFA or LEGISLATIVE PRINTING

and will not bill LFA or LEGISLATIVE PRINTING for any effort that was

expended or expense that was incurred prior to the time that the contract is signed

by all parties.

XIII. MISCELLANEOUS RESERVATION OF RIGHTS

LFA reserves the right not to award a contract to any of the RESPONDERs who submit

proposals in response to this RFP, to cancel this RFP at any time, or to issue a new RFP for

the same or similar services.

XIV. RESTRICTIONS ON PUBLICITY

The RESPONDER who is awarded a contract pursuant to this RFP may not, without the

prior written approval of LFA, do any of the following:

a. Make any announcement regarding the award of the contract relating to this RFP.

b. Refer to LFA, LEGISLATIVE PRINTING, or the LEGISLATURE, or use any

data, pictures, or other representation of LFA, LEGISLATIVE PRINTING, or the

LEGISLATURE in its advertising, marketing, or other promotional efforts.

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XV. GOVERNING LAW

This RFP is subject to and shall be construed and governed according to the laws of the

state of Utah, including Utah Code Title 63G, Chapter 6a, Utah Procurement Code.

ATTACHMENT A

STANDARD TERMS AND CONDITIONS

In addition to the terms and conditions included in the RFP, the following terms and conditions,

to the extent applicable, will be included in the agreement between the CONTRACTOR and

LFA:

1. LFA may terminate this AGREEMENT at any time when LFA is not satisfied with

the CONTRACTOR or the service provided by CONTRACTOR for the PRODUCTS.

Except for the payment of unpaid fees for service already provided by CONTRACTOR,

LFA, LEGISLATIVE PRINTING, and the LEGISLATURE may not otherwise be held liable

for any future commitments, penalties, or damages of any kind for LFA’s termination of the

AGREEMENT.

a. Upon termination of this AGREEMENT, LFA shall pay the CONTRACTOR for

all unpaid service the CONTRACTOR has provided for the PRODUCTS under the

AGREEMENT through the date of termination.

b. The following terms will survive termination of the AGREEMENT: (to be

specified before the AGREEMENT is signed).

2. DEFAULT AND REMEDIES

If CONTRACTOR breaches this AGREEMENT, LFA may do one or more of the following:

a. Exercise any remedy provided by law; or

b. Suspend CONTRACTOR from receiving and submitting proposals in response

to future solicitations.

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3. INDEPENDENT CONTRACTOR RELATIONSHIP

a. With respect to providing repair, maintenance, or other service for the

PRODUCTS, CONTRACTOR is an independent contractor and, except as

expressly authorized by this AGREEMENT or by LFA, is not authorized,

expressly or by implication, to bind the LEGISLATURE, the State of Utah, LFA,

or LEGISLATIVE PRINTING, or any member, office, officer, department, agent,

official, or employee of the LEGISLATURE, the State of Utah, LFA, or

LEGISLATIVE PRINTING to any agreement, settlement, liability, or

understanding or to perform any act as agent for the LEGISLATURE, the State of

Utah, LFA, or LEGISLATIVE PRINTING, or any member, office, officer,

department, agent, official, or employee of the LEGISLATURE, the State of

Utah, LFA, or LEGISLATIVE PRINTING.

b. Except as otherwise expressly provided in this AGREEMENT, CONTRACTOR

is solely responsible to pay for all of CONTRACTOR's expenses and to pay each

employee or subcontractor of CONTRACTOR all salary, wages, payments,

expenses, fees, taxes, costs, insurance, and benefits of any kind relating to an

employee or subcontractor of CONTRACTOR.

4. ASSIGNMENT PROHIBITED

CONTRACTOR may not assign this AGREEMENT or any duty or benefit relating to this

AGREEMENT without the prior written permission of LFA.

5. GOVERNING LAW

This AGREEMENT shall be construed in accordance with, and governed by, the laws of the

State of Utah, without reference to principles governing choice or conflict of laws. The

parties will submit to the jurisdiction of the courts of the State of Utah any dispute arising out

of this AGREEMENT or the breach of this AGREEMENT. Venue shall be in Salt Lake City,

Utah, in the Third Judicial District Court for Salt Lake County.

6. EQUAL OPPORTUNITY

CONTRACTOR agrees to abide by the provisions of:

a. Titles VI and VII of the Civil Rights Act of 1964 (42 U.S.C. Sec. 2000e), which

prohibit discrimination against any employee or applicant for employment or any

applicant or recipient of services on the basis of race, religion, color, or national

origin;

b. Utah Code Section 34A-5-106;

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c. Executive Order 11246, as amended, which prohibits discrimination on the basis

of sex;

d. 45 C.F.R. 90, which prohibits discrimination on the basis of age;

e. Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities

Act of 1990, as applicable, which prohibit discrimination on the basis of

disabilities; and

f. Utah's Executive Order, dated March 17, 1993, which prohibits sexual harassment

in the workplace, and the Workplace Discrimination and Harassment Policy

adopted by the Utah Senate and Utah House of Representatives.

7. INCORPORATION OF PROVISIONS OF RFP AND PROPOSAL

The provisions of the RFP, including all addenda to this RFP, and CONTRACTOR's

proposal submitted in response to this RFP, are hereby incorporated into this AGREEMENT

by reference. If any conflict exists between the RFP, CONTRACTOR's proposal, and this

AGREEMENT, the terms and conditions of the following shall prevail in the following order

of preference:

a. this AGREEMENT;

b. the RFP;

c. CONTRACTOR’s proposal.

8. LAWS AND REGULATIONS

CONTRACTOR and CONTRACTOR’s subcontractors and all services proposed or

furnished under this AGREEMENT shall comply fully with all applicable federal and state

laws and regulations.

9. PATENTS, COPYRIGHTS, ETC.

CONTRACTOR releases and shall protect, indemnify, and hold harmless LFA,

LEGISLATIVE PRINTING, the LEGISLATURE, and the State of Utah from liability of any

kind or nature relating to CONTRACTOR's use or provision of any copyrighted or un-

copyrighted composition, secret process, patented or un-patented invention, article, or

appliance furnished or used in the performance of this AGREEMENT.

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10. RECORDS ADMINISTRATION

CONTRACTOR shall maintain, or supervise the maintenance of, all records necessary to

properly account for the payments made to CONTRACTOR for costs authorized by this

AGREEMENT. CONTRACTOR shall retain these records for at least four years after the

AGREEMENT terminates. CONTRACTOR agrees to allow state and federal auditors and

legislative staff access to all the records relating to this AGREEMENT, for audit, for

inspection, and for the monitoring of services. Such access will be during normal business

hours, or by appointment.

11. CONFLICT OF INTEREST

CONTRACTOR certifies that it has not offered or given any gift or compensation prohibited

by the laws of the State of Utah to any officer, employee, or staff of LFA, LEGISLATIVE

PRINTING, or the LEGISLATURE to secure favorable treatment with respect to being

awarded this contract.

12. DEBARMENT

CONTRACTOR certifies that neither CONTRACTOR nor its principals are presently

debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded

from participation in this AGREEMENT by any governmental department or agency.

CONTRACTOR will notify LFA within 30 days if debarred by any governmental entity

during the term of this AGREEMENT.

13. INDEMNITY CLAUSE

CONTRACTOR releases, protects, defends, indemnifies, and holds harmless LFA,

LEGISLATIVE PRINTING, and the LEGISLATURE from and against any damage, cost, or

liability, including reasonable attorney fees for any and all injuries to persons or property, or

claims for money damages, arising from acts or omissions of the CONTRACTOR and the

CONTRACTOR's employees, subcontractors, and volunteers.

14. NON-APPROPRIATION OF FUNDS

Notwithstanding any other provision of this AGREEMENT, CONTRACTOR acknowledges

that LFA cannot contract for the payment of funds not yet appropriated. LFA may, without

penalty or liability of any kind, terminate this AGREEMENT by providing 30 days’ written

notice to CONTRACTOR that this AGREEMENT is terminated due to the non-appropriation

of funds. If this AGREEMENT is terminated under this provision, LFA will pay all

amounts due to CONTRACTOR through the date of termination and will not be liable for

any future commitments, penalties, or damages of any kind.

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15. FORCE MAJEURE

Neither party to this contract will be held responsible for delay or default caused by a fire,

riot, act of God, or war that is beyond that party's reasonable control. LFA may terminate this

AGREEMENT after determining that such delay or default will prevent successful

performance of the contract.

16. MERGER

This AGREEMENT constitutes the entire agreement between the parties with respect to the

subject matter contained in this AGREEMENT. There are no covenants, terms, or

conditions, express or implied, written or unwritten, that govern the subject matter of this

AGREEMENT, except as expressly described in this AGREEMENT. This AGREEMENT

supersedes all prior agreements between the parties relating to all or part of the subject matter

contained in this AGREEMENT.

17. MODIFICATION OF AGREEMENT

This AGREEMENT may be modified only in a written document signed by LFA and

CONTRACTOR (or such other person certified as having the authority to bind

CONTRACTOR).

18. AUTHORITY TO BIND

CONTRACTOR and the person who signs this AGREEMENT on behalf of CONTRACTOR

represent that the person who signs this AGREEMENT has the authority to bind

CONTRACTOR, and does, by signing this AGREEMENT, bind CONTRACTOR to the

terms and conditions of this AGREEMENT.

19. PUBLIC INFORMATION

This AGREEMENT and documents relating to this AGREEMENT are subject to release in

accordance with Utah Code, Title 63G, Chapter 2, Government Records Access and

Management Act.

20. SEVERABILITY

A declaration by any court, or any other binding legal source, that any provision of this

AGREEMENT is illegal and void does not affect the legality and enforceability of any other

provision of this AGREEMENT, unless the provisions are mutually dependent.

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