"Florida Lease 72 Hour Cancel Time Period"
Finance and Administration 102 Elmore Hall Finance and Accounting Division PO Box 115250 Purchasing and Disbursement Services Gainesville, FL 32611-5250 http://purchasing.ufl.edu/ (352) 392-1331 Fax (352) 392-8837 May 23, 2007 ADDENDUM #1 to the University of Florida Invitation to Negotiate (ITN07DD-162TC) “Multifunctional & Specialty Application Copiers” scheduled to open on Friday, June 4, 2007 at 3 pm at the University of Florida, Elmore Hall Conference Room, Radio Road, Gainesville, Florida. Please see attached responses to vendor questions about the ITN document and the Pre- Proposal Meeting Sign-In Sheet. All other terms, conditions, and regulations will apply. Sincerely, Donna Doty Purchasing Coordinator Please acknowledge receipt of Addendum #1 by signing below, and returning this addendum with your proposal. Failure to include addendum with your proposal may result in rejection. ______________________________ ______________________________ Signature Company Name ______________________________ ______________________________ Company Address City/State/Zip The Foundation for The Gator Nation An Equal Opportunity Institution University of Florida ITN07DD-162YC Addendum 1 Questions and Answers Section Question Answer 2.3 Schedule of Events 5/23/07 Reponses to Inquires sent out 6/12/07 – 3:00 PM EST ITN Closes TBD Vendor Discussions 7/10/07 Award Notification 7/13/07 72 hour posting period ends 7/16/07 Implementation Will the Mandatory Pre-Proposal Yes, please see: Attendees Listing be available? http://www.purchasing.ufl.edu/main_schedule.as p under the ITN information for 07DD-162TC. n/a Why the dramatic change from the The University’s needs are evolving and we must current contract format? make every effort to meet those needs in the most efficient manner, ie., leasing. n/a Networking: Will the vendor be UF will bear the responsibility of making sure the responsible for all required proper network connections are in place. connections necessary? Will the IT Staff be available to assist Yes, the individual departmental IT personnel with install and answer any questions? will assist with networking issues. n/a Service: Anything the vendor Yes, the vendor supplying the copier would be provides would be serviced by the responsible for maintenance or service. Should vendor? those responsibilities be designated to a reseller, the manufacturer is to indicate who the resellers are and what their responsibilities will include under this ITN. n/a Types of units: What type of units Bidders are encouraged to include additional can we bid, walk up copiers, higher pricing, service, software, supplies, on any units level multifunction printers? that would meet the requirements of this ITN. n/a Pricing: When will ITN submissions Vendors or anyone within the University not be made public? associated with the approval process will not be permitted to examine the RFP/ITN documents until the notice of award is made, or twenty (20) calendar days after the opening, whichever is earlier. After the elapsed time period copies may be obtained at a charge of fifteen (.15) a page exceeding ten (10) pages or more. n/a In the pre-bid meeting we discussed a See Attachment B lease ‘checklist’ that details what is necessary for each department to do in order to procure a new, leased device. Is it possible to see a copy of this checklist? What are the top three things the Include leases, a cost per copy charge for n/a University would like to see different maintenance (vs. allowance), and consistent than previous copier/multi-functional pricing/discounts Page 2 of 11 device contracts that will improve the service to the University? n/a Will the Multifunctional devices be Yes connected to the University TCP/IP network? n/a Will the University accept Yes, the University will accept Alternative “Alternative Pricing Proposals” that Pricing Proposals as long as the spirit of the would be in the Best Interest of the Proposals meet the spirit of the ITN University? An example proposal requirements. could consist of a fixed multi-year price that may include the bundling of Equipment, accessories and Recurring Maintenance Monthly Base Charge. The Recurring Maintenance Monthly Charge could also include or excluded a monthly copy/print commitment. n/a Will this be a multiple award The University of Florida reserves the right to Contract? If so, how many Vendors award this ITN to a single vendor or to multiple will be awarded? vendors. We will award in the best interest of the University. n/a Can the Authorized Dealers accept Yes; manufacturers must indicate resellers and purchase orders directly from the their capabilities in their ITN submission. University of Florida if the manufacturer agrees to such practice? n/a Will the University sign Vendor’s The manufacturer's lease agreement form will not lease agreements or will the University be used since a contract resulting from this execute lease orders through the negotiation and the PO will constitute the issuance of a PO only? complete agreement. Vendors should include any lease terms and conditions in their ITN response. Note: Should Contractor present, and customer Can vendors submit lease agreements sign, a contract, that document will be void and from our Authorized dealers for the non-binding. No third party lease agreements are purposes of review by the University? acceptable. n/a Will Ricoh Americas Corporation be Yes allowed to offer their Ricoh, Savin and Lanier Brands under a single response offered by Ricoh Americas Corporation? n/a The University of Florida is Vendor is to submit rental terms and conditions requesting pricing for 30 day rentals with their ITN response which will be reviewed for special University events. Are and addressed in greater detail during the there any terms and conditions negotiation phase. associated with the 30-day short-term rentals? Page 3 of 11 2.9.8 Evaluation Criteria: No, there is no predetermined weighting system How are these weighted; Creative in the evaluation process. Programs, Service, Financial Considerations, Pricing? Additionally, if you offer to hold three (3) “road shows” per year, as opposed to one (1) “road show” per year – will this be three times the value? Method of Award: it appears that No some type of stack ranking will be applied through the assignment of points to each of the four categories indicated. Will the University assign a points system to the points of the evaluation criteria? Please explain the term “signing ‘Signing Bonus’ is an up-front lump sum bonus” and “multiyear contract payment from the vendor to the University. discounts”. ‘Multi-year discounts’ refer to additional discounts that may be offered should the University decide to extend any contracts. Under Attachment A, is the method of Buyers Lab will be used as the MSRP standard. indicating the bid price through the percentage of discount off of MSRP? Will the University utilize a publication such as the Buyers Lab, Inc (BLI) in order to determine the vendor’s published MSRP as a standard form of measurement? 2.9.10 Pre-Award Presentations a reference No, please disregard reference to ‘highest ranked is made to the “highest ranked vendors’; there is no predetermined weighting vendors”, unfortunately there is no system in the evaluation process. assigned point system to determine any type of scoring. Will the University please release a points system for each topic of award evaluation? 4.8 Equal Opportunity Statement, parts Executive Order 11246 may be reviewed at B, C, and D: Where can vendors http://www.dol.gov/esa/regs/statutes/ofccp/eo112 obtain the required forms specified in 46.htm\ those three sections? Certificate of Non-Segregated Facilities may be obtained at http://www.facilities.ufl.edu/forms.htm under Forms. EEOO-1 Standard Form 100 information may be found at http://www.eeoc.gov/eeo1/instruction_rev_2006. html Page 4 of 11 4.18 Assignment-Delegation: Requires In the event of any assignment, the Contractor written permission from the University remains liable for performance of the contract, for assignments. It is a common unless the University expressly waives such practice for vendors to use third-party liability. funding sources for leases and requires an assignment document. Will the University be agreeable to including the lease assignment for execution at time of contract execution? 4.21 Force Majeure: Does Section 4.21 No and No apply to payment obligations? Has this clause been enforced by the University on its contracts, and if so for what length of time? 4.22 Furnish and Install and Protection The (Lessee) shall be relieved from property risks of Property: With respect to any including: loss or damage to all Leased Item(s) leased equipment, will the University during the periods of transportation, installation, obtain insurance to cover the and the Lease Term except when loss or damage equipment while on the University’s is due to the negligent acts of the Lessee. It is the property? responsibility of the Contractor to insure all equipment. 4.23 Indemnification/Hold Harmless: Revise the language as follows: Does the University anticipate “University assumes any and all risks of personal agreeing to a reasonable limitation of injury and property damage attributable to the liability and disclaimer of negligent acts or omissions of the University and consequential damages in any the officers, employees, servants, and agents negotiated agreement? thereof while acting within the scope of their employment by University. __________ assumes any and all risks of personal injury and property damage attributable to the negligent acts or omissions of __________and the officers, employees, servants, and agents thereof while acting within the scope of their employment by _________. University, as a public body corporate, warrants and represents that it is self- funded for liability insurance, with said protection being applicable to officers, employees, servants, and agents while acting within the scope of their employment by University. University and ______________further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the University or the State of Florida or their agents and agencies to be sued; of (3) a waiver of sovereign immunity of the University or of the State of Florida beyond the waiver provided in section 768.28 Florida Statutes.” Page 5 of 11 4.35 Prison Rehabilitative Industries: Articles = Items, products, etc what is meant by the term "articles"? 4.41 Right of Offset: Does the University Yes anticipate being able to have a right of offset with respect to leased equipment? 4.45.1 Convenience: Can the University No. The University, by written notice to the stipulate that this cancellation clause Contractor, may terminate the awarded Contract relates only to the overall ITN, and not in whole or in part when the University to the individual lease agreements for determines in its sole discretion that it is in the each device or the Master Lease University’s best interest to do so. The Agreement and Lease Schedules Contractor shall not furnish any product after it developed under this contract? receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. Does the University anticipate being Yes able to terminate the Agreement without accepting leased equipment and paying for any remaining outstanding lease payments for such equipment? Does termination for convenience Yes apply to existing leases? In other words, can the University cancel equipment for convenience which has already been installed? Please confirm that the University will No. The initial lease agreement may be cancelled pay the outstanding payments due as at any time during the lease period for Contractor the cost associated with such or equipment non-performance as specifically termination. defined in Section 4.45 and 5.7, as well as defined in the balance of the ITN. If the lessee requests removal of leased equipment, lessor will cancel the lease effective immediately with no additional payments due from Customer. Equipment will be removed from lessee site within ten (10) days of such written notice at no cost to the lessee. Is the vendor responsible for end of Please include all end-of-term removal fees, if term removal fees? If so, is there any any for various scenarios. However, if the vendor way we can provide different discount or product does not perform as promised, the % for leases and purchase? The lease University reserves the right, after unsuccessfully price will be slight higher than attempting to remedy the situation (within 30 purchase price due to the end of term days), to cancel affected lease. removal fee. Page 6 of 11 4.45.2 Default: Will the University allow a Yes, the University will allow a remedy period of period of time to remedy – for example 30 days after vendor receives written notice from - 30 days? the University. Written notices will be sent via email and the effective date shall be the date of the email notification. 4.45.5 Lack of Funds: Does the University The lack of funds clause is meant to indicate that anticipate being able to terminate the any individual customer lease may be terminated Agreement without accepting leased with 30 days written notice should funds no equipment and paying for any longer be appropriated to that customer, remaining outstanding lease payments regardless of the source of those funds. for such equipment? The University will declare the of Lack of Funding or the Non-Appropriation of Funds to the Vendor via official University letterhead stating that funding will not be available for the next fiscal year, and that the location where the copier has been removed and will not acquire a replacement device for the remaining term of the original lease agreement. 4.45.6 Stop Work Order: Can the This Stop Work Order should be inferred to mean University stipulate that this that the vendor is to “stop all or any part of the cancellation clause relates only to the work called for” whether it be for individual overall ITN, and not to the individual leases or purchase copiers. The University lease agreements for each device, or reserves the right to contact the vendor in order to the Master Lease Agreement and Stop Work to resolve any impending issues that Lease Schedules developed under this may negatively affect University. contract? 5.2 Response Format: In reference to the It is preferred that responses be in Microsoft CD that will be submitted with our Word, Excel or Adobe PDF format. hard copy response, is it acceptable to provide the written portion in Adobe .pdf format? Pricing tables would remain in Excel format. 5.5 Equipment: Will the University For clarification, we will use the following change the last sentence in paragraph definition of what equipment will be allowed: 2 of this section? We request this New equipment is defined as new assembled sentence to read: “Rebuilt, equipment that is factory produced and has been reconditioned, shopworn, newly assembled for the first time, which may contain remanufactured, or prototype new and/or recycled components that have been equipment are also not acceptable.” fully inspected, tested and fully meet product The change is in bold type. performance and reliability specifications. Equipment must be newly serialized and the Customer(s) must be the first user of the product and must have new equipment set of warranties. Equipment not meeting the above definition will not be accepted for submission. Please verify that University of Florida The University will not pay personal property is exempt from paying personal taxes. property tax. Page 7 of 11 Should power filters/surge protectors All copiers bid should include power filters/surge be included in the pricing? protectors rated to meet that particular copiers needs. Some departments in the past have The maximum number of copies permitted on the requested five-day trials and copies do counter shall be 400 when the unit is delivered. mount up during that period. If we can show that the trial machine went into a Trial units will be handled on a case-by-case department with a low number of basis by UF Purchasing. copies, can we then be allowed the 1,000-copy allowance? 5.7 Repairs: I understand that operator Yes error will not count toward the two malfunctions within the first 30 days after installation. Will the University allow the Vendor 15 days from the second malfunction to attempt to remedy the installation problem? 5.8 Lease Factors: The ITN states that the The proper reference should be to section 5.5. equipment price will be calculated per section 5.2.1. The ITN does not appear The lease payment will be calculated by taking to contain a section 5.2.1. Can the the list price, less the discount offered in section University explain how it wishes the 5.5. The total amount will then be multiplied by a leased equipment price to be lease factor of the vendor’s choice. This will calculated? constitute the equipment portion of the lease. Maintenance will be calculated the same way as in section 5.6. Suppliers will show this detail on all invoices for University’s convenience. As stated in the Pre-Proposal meeting, this ITN shall not include Lease to Purchase, Buyout, Upgrade or Capital Leases. Lease Factors: Will the University No, based on current use, we currently utilize 36 consider lease periods of 24, and 48 and 60 month leases. months? 5.9.7 Contract Termination: Will the No University remove this section completely? Attachment A Vendors are unable to offer the most Vendors are encouraged to provide discounts in aggressive pricing available if we are groupings which will provide best pricing to the to provide University of Florida with University. one flat discount on all equipment Page 8 of 11 since discount % differ greatly between models. This same issue applies to accessories. If UF allows vendors to provide a discount % on group of equipment (based on either volume or speed), we can offer more aggressive pricing. Is it permissible to submit each Ricoh Yes model on a spreadsheet in order to indicate the percentage of discount off of MSRP so that the University can determine the prices offered by Ricoh Americas Corporation? Pricing Matrix: To do a proper No comparison of pricing between vendors, can the University please supply an annual page count of pages printed/copied/faxed/scanned specific to one device, not a fleet? Pricing Matrix: Is there a limit to the No, there is no limit. number of devices to be priced, since different models from manufacturers may have different base and click charges? Page 9 of 11 Attachment B CHECKLIST FOR REQUESTING APPROVAL TO LEASE EQUIPMENT Department Name: Business Unit: Requisition # Department Contact: Phone # and Email address: 1. The following are required in order to process this request: The proposed contractual agreement from the Leasing Agency, A completed requisition indicating the terms of the acquisition, which must include a complete description of the equipment (make/model/number of units, base monthly rate, cost per copy, location of equipment, etc.), Letter of justification explaining the need for lease rather than purchase 2. Method by which vendor was selected (State or University contract #, sealed competitive bids, etc): 3. If acquisition is to be made by lease or lease purchase method (lease will not be approved unless all information is provided): a. Outright purchase price of each specific piece of equipment (or functional equivalent) $ b. Total expected useful life of equipment c. Source of this information d. Expected period of need for the equipment, not withstanding the term of the lease Unless otherwise justified, period of need will be considered the same as the expected useful life of the equipment. e. Cost of the maintenance for this equipment or functionally similar equipment available for purchase. $ Maintenance Included in the Lease Not included in the Lease f. At the end of the lease term, is ownership of the leased property transferred to the lessee? Yes No g. Does the lease contain a bargain purchase option? Yes No h. Is the lease term substantially (75 percent or more) equal to the estimated useful life of the leased property? Yes No i. Does the present value of rental and other minimum lease payments equal to or exceed 90 percent of the fair value (purchase price) of the leased property? Yes No j. Leases containing the following type provisions will not normally be approved. Does the proposed lease contain such provisions? Yes No ___ ___ (1) Indemnity clauses (see AGO 78-20). ___ ___ (2) Limitation of Remedies (see AGO 85-66). ___ ___ (3) Late payment clauses that are contrary to s.215.422, F.S. ___ ___ (4) Contracts which bind the University for a period in excess of one fiscal year unless agreement includes the subject to appropriations clause contained in s.287.0582, F.S. ___ ___ (5) Advanced payment for goods and services (s.215.422, F.S.). ___ ___ (6) Clauses granting security interests. ___ ___ (7) Provision allowing laws other than Laws of State of Florida to control. ___ ___ (8) Risk of loss or damage to leased equipment is transferred to the lessee. Page 10 of 11 ___ ___ (9) Leases made under purchasing contracts that contain modifications that are not part of the purchasing contract. ___ ___ (10) Clauses containing prepayment penalties. ___ ___ (11) Clauses requiring payment of intangible taxes, property taxes, etc. 4. For copier leases, indicate the Type , Class and average monthly usage ______; for an existing installation attach last three months' invoices showing copier, provide an estimate of the expected usage rate per month ______. 5. Calculation factors: (a) Purchase price of this or functionally similar equipment $ (b) 90 percent of amount of line (a) $ (c) Expected useful life of equipment available for purchase (months) (d) Period of need (months) (e) Interest rate available for installment purchase of equipment (f) Total lease payment amount (month) $ (g) Lease payment less $ maintenance $ (h) Total effective lease payments - Period of need (d x g) $ (i) Total estimated effective lease payments - life of equipment (c x g) $ If line (h) or line (i) is greater than line (b), the lease is probably not economically prudent and cost effective and probably will not be approved unless justified on a basis other than being economically prudent and cost effective. Justification for Lease: 6. Name of Person Completing This Form: Phone # Email: (Rev.5/07) Page 11 of 11