University of California, Davis. REQUEST FOR QUOTATION HEIDELBERG PRINTER AND SCANNER MAINTENANCE RFP No MW

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1 University of California, Davis REQUEST FOR QUOTATION HEIDELBERG PRINTER AND SCANNER MAINTENANCE RFP No MW RELEASE DATE: June 13, 2008 RFQ CLOSES: WEB ADDRESS: June 30, 2008 at 5:00 PM This Request for Proposal and any addenda are available for downloading at web address: RETURN BID RESPONSE TO: University of California, Davis Business Contracts/Services 202 Cousteau Place #205 Davis, Ca Attn. RFQ # MW FAXED RESPONSES WILL NOT BE ACCEPTED BUYER CONTACT Merrily Whiteside, Services Acting Supervisor Tel # Fax # mawhiteside@ucdavis.edu 08PRINTEQUIPMAINT.DOC 1

2 VENDOR SIGNATURE, CERTIFICATIONS, AND CONTACTS FORM HEIDELBERG PRINTER AND SCANNER MAINTENANCE RFQ NO: # MW Bidder instructions: This completed form must accompany your bid to avoid bid disqualification. General Conditions of a University Proposal 1. Deviations from specifications: Any deviation from the specifications shall be identified and fully described. The right is reserved to accept or reject quotations on each item separately, or as a whole, and to waive any irregularities in the quotation; irregularities may, however, render the quotation non-responsive. 2. Disclosure of Records/Confidentiality of Information: All materials submitted in response to this solicitation become a matter of public record and shall be regarded as public record. The Regents will recognize as confidential only those elements in each response, which are trade secrets as that term is defined in the law of California and which are clearly marked as "TRADE SECRET", CONFIDENTIAL", or "PROPRIETARY" Vague designations and blanket statements regarding entire pages or documents are insufficient and shall not bind The Regents to protect the designated matter from disclosure. If a submittal contains any trade secrets that a Contractor does not want disclosed to the public or used by The Regents for any purpose other than evaluation of the Contractor s eligibility, each sheet of such information must be marked with the designation Confidential. The Regents will notify the submitter of data so classified of any request to inspect such data so that the submitter will have an opportunity to establish that such information is exempt from inspection in any proceeding to compel inspection. 3. The Regents Not Liable for Required Disclosure: The Regents shall not in any way be liable or responsible for the disclosure of any records if they are not plainly marked "TRADE SECRET", "CONFIDENTIAL," or "PROPRIETARY" or if disclosure is required by law or by an order of the court. 4. Signature Certification and Vendor Information: The undersigned, as an authorized official of Contractor, certifies that this submittal is made without collusion with any other person, firm, or corporation; and in submitting a response to this request, has examined instructions, specifications, and terms and conditions of the solicitation. Bidder proposes and agrees to execute and fully perform in accordance with the instructions, specifications, terms and conditions of this request and any resulting agreement. REQUIRED CONTRACTOR INFORMATION COMPANY NAME - CONTACT PERSON/TITLE FED TAX ID # BUSINESS ADDRESS STREET CITY/STATE/ZIP TELEPHONE FAX SIGNATURE CERTIFICATION I CERTIFY THAT I AM AUTHORIZED TO SIGN ON BEHALF OF THE ORGANIZATION I REPRESENT FOR THIS OFFER, AND AGREE TO ALL TERMS AND CONDITIONS DESCRIBED HEREIN. AUTHORIZED SIGNATURE / TITLE PRINT NAME DATE TELEPHONE NO./ FAX NO./ 08PRINTEQUIPMAINT.doc 2

3 TABLE OF CONTENTS VENDOR SIGNATURE, CERTIFICATIONS, AND CONTACTS FORM PURPOSE OF RFQ BIDDER QUALIFICATION SCOPE OF REQUIRED SERVICES AND PRICING RFQ PROCESS, BIDDER RESPONSIBILITIES... 4 ATTACHMENTS: Attachment 1, Price Sheet University Terms: University of California Terms and Conditions For Various Fund Sources (Attachment A, Rev. 8/99) apply to this order. These terms and conditions can be viewed at 1 PURPOSE OF RFQ The University of California, Davis (University) is soliciting bids from qualified and insured bidders to furnish, as needed, all labor, tools, equipment and transportation for maintenance services for Heidelberg reprographics equipment as described in this document. The maintenance contract, if awarded, will be issued for 3 years with University options to renew for 2 additional years, one year at a time, depending on University need, satisfactory performance of the contractor, market conditions and funding. The services shall be provided to the University s Reprographics facility located at: Reprographics, 3820 Chiles Road Davis, CA The Contractor shall supply all parts, labor, materials, and transportation to deliver these services (FOB Destination) to the University. This is a firm price maintenance service contract. Submission of a bid, constitutes acceptance of the University s Terms and Conditions. University point of contact: The University of California, Davis Business Contracts Office is issuing this RFQ and any subsequent addenda to it. Business Contracts is the sole point of contact regarding all procurement and contractual matters relating to the requirements described in this RFQ, and are the only office authorized to change, modify, clarify, etc., the specifications, terms, and conditions of this RFQ and any contract(s) awarded as a result of this RFQ. 2 BIDDER QUALIFICATION Qualified vendors shall have all the necessary equipment, resource availability and demonstrated experience and technical qualifications to perform the services described in the specification section below. Bidder s eligibility to respond to this Request for Quotation (RFQ) is based on the Bidder s ability to meet these qualification requirements. Bidder s are to provide the required documentation in the table below. QUALIFICATION REQUIREMENT Contractor Technical Qualifications REQUIRED DOCUMENTATION All technicians must be trained and experienced in the University s technical requirements. Provide a summary or resume of the training and experience of the technician/s who will be assigned these tasks. 08PRINTEQUIPMAINT.doc 3

4 Contractor resources Include a description of the capabilities of your company to include the following Company profile. Overview of your qualifications as they pertain to the type of services outlined in the attached scope of work. Insurance requirements Contractor shall be able to provide certificate of insurance meeting the requirements in Appendix A, Article 17. This document is available at: If a current certificate is not on file with the University, the prospective contractor shall supply within 5 working days of notification to award. The University reserves the right at its sole discretion to determine whether any Bidder meets the minimum eligibility standards, to determine whether a quotation is responsive, and to select a quotation which best serves its financial and programmatic objectives. The University reserves the right to reject all quotations. If Bidder cannot meet all requirements as stated herein, bidder s quotation shall be rejected immediately without further consideration. 3 SCOPE OF REQUIRED SERVICES AND PRICING Contract shall furnish all parts, labor, tools, equipment and transportation for maintenance services for Heidelberg reprographics equipment as described in this document in the list of equipment provided on Attachment 1. Bidders are to enter pricing information on the attachment. The agreement period will begin September 1, 2008 and end August 31, There are 4 Heidelberg Digimaster 9110 printers, 6 years old. There is one Digimaster 665 Scanner also 6 years old. The annual copy volume is 25, 000, RFQ PROCESS, BIDDER RESPONSIBILITIES 4.1. Bidder Qualification Requirements: University shall determine bidder s qualifications based on the qualification criteria in Section 2. By submitting a bid, bidder certifies their ability to meet all mandatory technical specifications Selection Procedure/Basis for Award: The University intends to make an award to the lowest qualified and responsible bidder who meets the requirements of the bid Required Submittals: Responses to this RFQ shall include all of the following Certifications Form: Your response to this request must include the signed Contractor Signature, Certifications and Contacts Form (page 2) and bidder qualification documentation (Section 2) Number of RFQ copies: The Bidder is required to submit one signed original and one signed copy of the response to this RFP. The official copy containing the required original signatures shall be identified as such Insurance Certificate of Coverage: Upon award of any contract resulting from this request for quotation, contractor shall furnish, at no additional expense to the University, a certificate of insurance as required in Appendix A, within 5 days of notification of award Changes to bid documents: The University may modify the RFQ prior to the date set for its receipt of quotation, by issuing bid addenda. Addenda will be clearly marked as such and only issued by the 08PRINTEQUIPMAINT.DOC 4

5 University of California, Davis Business Contracts/Services Office. Each addendum will be numbered consecutively and will become part of this RFQ. Any Contractor who fails to receive such addenda shall not be relieved of any obligation under this quotation as submitted. No oral or written statements made by University personnel shall be considered as an addendum to this RFQ unless the statements are contained in a written document identified as written addenda to this RFQ Late bids: It is the Bidder s sole responsibility to assure that its quotation is received on or before the RFQ closing date. Late bids shall be rejected. A Bidder may withdraw its quotation anytime prior to the fixed deadline for receipt of quotations (closing date), by submitting to the University contact a written notification of its withdrawal, signed by the Contractor or its authorized agent. Any restrictions on the use of data contained within a quotation must be clearly stated in the quotation itself and the indication of enclosed proprietary information clearly marked on the outside of the sealed quotation package. Proprietary information submitted in response to this Request for Quotation will be handled in accordance with applicable State of California Public Records Code Exceptions and irregularities: University reserves the right to negotiate minor exceptions, irregularities, or errors submitted by the Supplier within their RFQ response. These errors may be corrected by the Supplier provided that, in the judgment of the University, such action will not negate fair competition and will allow for the proper comparative evaluations of all bids submitted Rejection of offer/bid: The University may reject ALL proposals if this solicitation DOES NOT result in the University obtaining reasonable prices in the sole opinion of the University when considering the total acquisition cost of said services, or for any reason deemed not to be in the best interest of the University, or otherwise. The University shall be the sole judge in the determination of price reasonableness pertaining to this RFP and Agreement award. University shall reject any and all non-responsive bids, and may reject a bid submitted by any party who is or has been delinquent or unfaithful in any previous agreement with University. University reserves the right to re-solicit information or proposals, and further reserves the right to issue a partial award or not to issue an award under this solicitation Termination for breach within 90 days: In the event the Agreement is terminated for breach of Agreement within ninety (90) days of the effective date, the University reserves the right to award the remaining balance of the Agreement period to the next lowest Bidder considered responsive and responsible to this solicitation, based on said premise to be in the best interests of the University Disqualification of a respondent includes, but is not limited to, the following: Misrepresentation and/or omission of facts in respondent s submittal, or in any other communication from respondent in conjunction with this submittal request; Submission of a bid response that deviates from an acceptable range of credible proposals and / or quotes, placing the Bidder excessively high or low and indicates lack of understanding of Agreement performance and requirements which the Bidder cannot substantiate, possibly indicating inability to perform as specified; Evidence of collusion among the respondents: The Agreement will not be awarded to any Supplier, person, company, or corporation that has failed to perform in a satisfactory or faithful manner on any previous Agreement or purchase order with the University. The University shall be the exclusive judge on whether or not Supplier has failed to perform or faithfully execute a previous University of California Agreement and / or purchase order. 5. GENERAL TERMS AND CONDITIONS 5.1. University Terms: University of California Terms and Conditions For Various Fund Sources (Attachment A, Rev. 8/99) apply to this order. These terms and conditions can be viewed at Additional Terms and Conditions for Data Security, Appendix DS are attached hereto and incorporated herein. 08PRINTEQUIPMAINT.DOC 5

6 5.2. Insurance: A certificate of Contractor's insurance coverage must be on file and be kept current in the U.C. Davis Purchasing office prior to any performance of services for this purchase order. Please address it to: University of California Contracting Services 202 Cousteau Place #205 Davis, CA ATTN: Insurance Desk 5.3. University Holidays: The following are University Holidays: Martin Luther King s Birthday, President s Day, Spring Break, Memorial Day, July 4th, Labor Day, Veteran s Day, Thanksgiving (2 days), Christmas Eve, Christmas Day, New Year s Eve, and New Year s Day Use of University s Name: No form of the University s name shall be used in promotional materials, signs, announcements or other forms of communication or advertising originated by Contractor unless the University s express written permission for such use has been obtained in advance. Bidders may not distribute any announcement or news release regarding this project without written approval by the University of California, Davis. Any materials to be provided to regulatory agencies, other entities, or to the public shall be submitted to the University for review and distribution unless otherwise directed by a University technical representative Safety Standards: The seller warrants and represents that the services provided shall conform to applicable Federal and State and Industry safety standards Rebates: Successful bidder shall provide all applicable rebates, credits, incentives earned, used, or on account. Checks shall be made payable to "The Regents of the University of California" and mailed to the University of California, Davis, One Shields Avenue, Cashier's Office, Davis, California, Contractor shall make reference to department name and purchase order number on all checks. Periodic Statement Requirement: Successful bidder shall send periodic statements listing all rebates, credits, or incentives earned, used or on account for the University of California, Davis. Statements shall include department name and purchase order number, etc.. Statements should be mailed to the University of California, Davis, One Shields Avenue, Purchasing Department, Davis, California , Attention: Director, Materiel Management Invoices: Invoices are to be rendered only after the items or services on this contract have been furnished. Invoices must be itemized, all applicable discounts identified, and must reference purchase order number Fund Availability: The award of this RFQ is contingent upon funding availability Audit: Any order resulting from this Request for Quotation shall be subject to the examination and audit of the Auditor General of the State of California for a period of three years after final payment under this order. The examination and audit shall be confined to those matters connected with the performance of the contract, including, but not limited to the cost of administering the contract Safety Requirements: The seller warrants and represents that the services provided shall conform to applicable Federal and State and Industry safety standards and shall take all precautions in the performance of the service to prevent injury to persons and property Independent Contractor: It is understood and agreed by the University and Bidder that in the performance of this agreement, the Bidder shall be and act as an independent contractor and not as the agent or employee of the University. It is expressly understood and agreed that this agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between the University and the Bidder. The Bidder is not an employee of the University and is not entitled to the benefits provided by the University to its employees, including, but not limited to, group insurance, pension plans, workers compensation or unemployment insurance. As an independent contractor, the Contractor shall be solely responsible for the conduct and control of the work to be performed by the Contractor under this Agreement. The Contractor s services for the University shall be 08PRINTEQUIPMAINT.DOC 6

7 performed in accordance with currently approved methods and ethical standards applicable to the Contractor s professional capacity Ethics: Supplier shall exercise extreme care and due diligence to prevent any action or conditions which could result in conflict with the best interest of the University. Throughout the term of any subsequent Agreement, Supplier shall not accept any employment or engage in any work, which creates a conflict of interest with the University or in any way compromises the work to be performed under this RFQ or subsequent Agreement. Supplier and / or its employees shall not offer gifts, entertainment, payment, loans, or other gratuities or consideration to University employees, their families, other Suppliers, subcontractors, or other third (3rd) parties for the purpose of influencing such persons to act contrary to the University s interest or for personal gain. Supplier shall immediately notify the University of any and all such violations of this clause upon becoming aware of such violations Contractor Debarment: Contractor/Contractor warrants that it is not excluded from participation in any governmental sponsored program, including, without limitation, the Medicare, Medicaid, or Champus programs ( ) and the Federal Procurement and Non-procurement Programs ( ). This purchase order shall be subject to immediate termination in the event that Vendor/Contractor is excluded from participation in any federal healthcare or procurement program Taxpayer Identification: California Public Contract Code Section requires contractor (vendor) who enters into a contract with the University of California for $10,000 or more shall list their Taxpayer Identification Number (Federal Employer Identification Number or Social Security Number, if applicable) on each contract or PO. The number shall remain unchanged regardless of future name changes. Pursuant to the Federal Privacy Act of 1974, and the California Information Practices Act of 1977 you are hereby notified that disclosure of your social security number and/or your Employer Identification Number is required pursuant to Sections 6109, 6011 and 6051 of Subtitle F of the Internal Revenue Code and pursuant to Regulation 4, Section 404, 1256, Code of Federal Regulations, under Section 218, Title II of the Social Security Act, as amended. The social security number is used to verify your identity. The principal uses of the number shall be to report payments and income taxes withheld to Federal and State governments Termination. This agreement may be terminated by either party upon five (5) days notice to the other. If the services described in this agreement are not performed to the sole satisfaction of University, University may terminate this agreement immediately upon written notification to Independent Contractor. If this agreement is terminated at any time during the agreement period, Independent Contractor will be compensated for all completed services rendered up to and including their last day of service. University reserves the right to determine what shall be deemed completed services. 08PRINTEQUIPMAINT.DOC 7

8 PRICE SHEET Heidelberg Equipment Maintenance RFQ MW Equipment Bidders are to select a pricing option below, prividing pricing for a 3 year period. Year over year increases shall be limited to 3% per year or less. All options will be calc Heidelberg Digimaster 9110 Printers, Stackers & Software S/N S/N S/N S/N Option 1--Per Month YEAR 1 YEAR 2 YEAR 3 Base copies and overages cumulative for all Base Fee includes XX Copies Base Fee includes XX Copies Base Fee includes XX Copies machines Base fee $ $ $ Copties $ $ $ Option 2--Per Month YEAR 1 YEAR 2 YEAR 3 Click charge Click charge Click Charge $ $ $ Option 3--Per Month YEAR 1 YEAR 2 YEAR 3 Tiered Click Charges Tiered Click Charges Tiered Click Charges $ $ $ Option 4--Per Month YEAR 1 YEAR 2 YEAR 3 Base fee plus Tiered Click Charges Base fee plus Tiered Click Charges Base fee plus Tiered Click Charges $ $ $ Option 5-- Alternative Comprehensive Proposals Heidelberg Digimaster 665 Scanner Per month S/N $ $ $ Supplies Toner $ Payment terms: : Developer $ Calculated at Net 30 unless modified Fuser Oil $ Staples $ Heidelberg Maint RFQ.xls

9 UNIVERSITY OF CALIFORNIA Appendix - DS Additional Terms and Conditions Data Security ARTICLE 1 ACKNOWLEDGMENT OF ACCESS TO INFORMATION CHARACTERIZED AS COVERED DATA Contractor acknowledges that its contract/purchase order with The Regents of the University of California ( Agreement ) may allow the Contractor access to confidential University information including, but not limited to, personal information, student records, health care information, or financial information notwithstanding the manner in which or from whom it is received by Contractor ( Covered Data ) which is subject to state laws that restrict the use and disclosure of such information, including the California Information Practices Act (California Civil Code Section 1798 et seq.) and the California Constitution Article 1, Section 1. Contractor further acknowledges the applicability to this Agreement of Federal privacy laws such as the Gramm-Leach-Bliley Act (Title 15, United States Code, Sections 6801(b) and 6805(b)(2)) applicable to financial transactions and the Family Educational Rights and Privacy Act (Title 20, United States Code, Section 1232g) applicable to student records and information from student records. Contractor shall maintain the privacy of, and shall not release, Covered Data without full compliance with all applicable state and federal laws, University policies, and the provisions of this Agreement. Contractor agrees that it will include all of the terms and conditions contained in this appendix in all subcontractor or agency contracts providing services under this Agreement. ARTICLE 2 APPLICABLE LAWS AND UNIVERSITY POLICIES Contractor agrees to abide by the University s Electronic Communications Policy and Business and Finance Bulletin IS-3, Electronic Information Security, which can be viewed at ( and ( Where a federal, state or local law, ordinance, rule or regulation is required to be made applicable to this Agreement, it shall be deemed to be incorporated herein without amendment to this Agreement. ARTICLE 3 PROHIBITION ON UNAUTHORIZED USE OR DISCLOSURE OF COVERED DATA AND INFORMATION Contractor agrees to hold Covered Data received from or created on behalf of University in strictest confidence. Contractor shall not use or disclose Covered Data except as permitted or required by the Agreement or as otherwise authorized in writing by University. If required by a court of competent jurisdiction or an administrative body to disclose Covered Data, Contractor will notify University in writing prior to any such disclosure in order to give University an opportunity to oppose any such disclosure. Any work using, or transmission or storage of, Covered Data outside the United States is subject to prior written authorization by the University. ARTICLE 4 SAFEGUARD STANDARD Contractor agrees that it will protect the Covered Data according to commercially acceptable standards and no less rigorously than it protects its own confidential information, but in no case less than reasonable care. Contractor shall develop, implement, maintain and use appropriate administrative, technical and physical security measures which may include but not be limited to encryption techniques, to preserve the confidentiality, integrity and availability of all such Covered Data. ARTICLE 5 RETURN OR DESTRUCTION OF COVERED DATA AND INFORMATION Upon termination, cancellation, expiration or other conclusion of the Agreement, Contractor shall return the Covered Data to University unless University requests that such data be destroyed. This provision shall also apply to all Covered Data that is in the possession of subcontractors or agents of Contractor. Contractor shall complete such return or destruction not less than thirty (30) days after the conclusion of Page 1 of 2 APPENDIX DATA SECURITY

10 this Agreement. Within such thirty (30) day period, Contractor shall certify in writing to University that such return or destruction has been completed. ARTICLE 6 REPORTING OF UNAUTHORIZED DISCLOSURES OR MISUSE OF COVERED DATA AND INFORMATION Contractor shall report, either orally or in writing, to University any use or disclosure of Covered Data not authorized by this Agreement or in writing by University, including any reasonable belief that an unauthorized individual has accessed Covered Data. Contractor shall make the report to University immediately upon discovery of the unauthorized disclosure, but in no event more than two (2) business days after Contractor reasonably believes there has been such unauthorized use or disclosure. Contractor s report shall identify: (i) the nature of the unauthorized use or disclosure, (ii) the University Covered Data used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action Contractor has taken or shall take to prevent future similar unauthorized use or disclosure. Contractor shall provide such other information, including a written report, as reasonably requested by University. ARTICLE 7 EXAMINATION OF RECORDS University and, if the applicable contract or grant so provides, the other contracting party or grantor (and if that be the United States, or an agency or instrumentality thereof, then the Controller General of the United States) shall have access to and the right to examine any pertinent books, documents, papers, and records of Contractor involving transactions and work related to this Agreement until the expiration of five years after final payment hereunder. Contractor shall retain project records for a period of five years from the date of final payment. ARTICLE 8 ASSISTANCE IN LITIGATION OR ADMINISTRATIVE PROCEEDINGS Contractor shall make itself and any employees, subcontractors, or agents assisting Contractor in the performance of its obligations under the Agreement available to University at no cost to University to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings against University, its directors, officers, agents or employees based upon a claimed violation of laws relating to security and privacy and arising out of this Agreement. ARTICLE 9 NO THIRD-PARTY RIGHTS Nothing in this Agreement is intended to make any person or entity who is not signatory to the Agreement a third-party beneficiary of any right created by this Agreement or by operation of law. ARTICLE 10 ATTORNEY'S FEES In any action brought by a party to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs, including the reasonable value of any services provided by in-house counsel. The reasonable value of services provided by in-house counsel shall be calculated by applying an hourly rate commensurate with prevailing market rates charged by attorneys in private practice for such services. ARTICLE 11 INDEMNITY Contractor shall indemnify, defend and hold University harmless from all lawsuits, claims, liabilities, damages, settlements, or judgments, including University s costs and attorney fees, which arise as a result of Contractor s negligent acts or omissions or willful misconduct. ARTICLE 12 SURVIVAL The terms and conditions set forth in this Appendix shall survive termination of the Agreement between the parties. Page 2 of 2 APPENDIX DATA SECURITY