GWINNETT COUNTY PUBLIC SCHOOLS - Center for Digital Government

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GWINNETT COUNTY PUBLIC SCHOOLS

REQUEST FOR PROPOSAL RFP-8053SM

FOR

DIGITAL COPIERS

March 26, 2008

(Amended April 8, 2008)

Gwinnett County Public Schools Suwanee, Georgia

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I. INTRODUCTION This document is a Request for Proposal ("RFP") for the provision of copiers and related maintenance and support services for the Gwinnett County Public School System. The Gwinnett County Board of Education acts on behalf of the Gwinnett County School District a/k/a Gwinnett County Public Schools (hereinafter District). Located in the metro-Atlanta area, it is the largest school system in Georgia with a student population of 159,258 and continues to grow as the system has welcomed about 4,000 new students for the 2007-08 school year. One of every five Gwinnett County residents is a Gwinnett County Public School student. Gwinnett County citizens highly value the important role education plays in building a thriving, diverse community and strongly support the school system’s pursuit of excellence. The finest teachers in the profession, involved parents, and a supportive community are key elements in the school system’s quest to become a system of world-class schools. The District is seeking a proposal from established Manufacturers, Dealers, or Original Equipment Manufacturers who have been in business for a minimum of five years, and who sell, lease, maintain and support the specified copiers. II. OVERVIEW Services under this RFP will include the provision of all copiers, all consumable supplies (except paper and staples), all normal and emergency repair services, all periodic and preventative maintenance, and all operator training in accordance with all requirements stated herein. The initial term of this contract will be from July 1, 2008 until June 30, 2009. The District reserves the right to renew this contract for four (4) consecutive terms of one (1) fiscal year each. The continuation of the terms, conditions and provisions of this contract beyond the initial one-year term is subject to the mutual agreement of both parties to renew, approval of the Gwinnett County Board of Education, and appropriation of funds. The District wishes to receive proposals with pricing on three (3) different copiers per the specifications contained in this proposal on both a purchase and a capital lease plan for a term of 36 (36) months. Maintenance costs will be quoted separately. By capital lease, it is understood that title will pass to District at time of receipt and acceptance of equipment, and payments will be made on an installment basis, with a one (1) dollar buyout at the end of the term.


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III. SUBMISSION REQUIREMENTS

“INSTRUCTIONS AND CONDITIONS”

A. PREPARATION OF THIS PROPOSAL

1. The proposal and prices must be typed or neatly handwritten. No erasures are permitted. Errors may be crossed out and corrections typed adjacent and must be initialed in ink by the person signing this RFP.

2. Brand names and numbers when given in this proposal are for reference to establish a quality standard unless “no substitution” is stated in the specifications. Proposals on equal items will be considered, provided the proposal clearly describes the article offered and it is equal in quality. Specifications used are intended to be open and nonrestrictive. When no reference or change is made on proposal by vendor, it is understood that the specific item named on the proposal shall be furnished by the vendor. If bidding on other than the make, model, brand or number shown, and offered as an equal, complete technical information, specifications, manufacturer’s name, catalog reference and a catalog cut must be attached to the proposal. Failure to include the supportive information will result in the item automatically being rejected. The Board, through its Purchasing Agent, shall be the sole judge in making determination as to the quality. All decisions shall be final.

3. Quote on each item separately. All or nothing proposals, items or groups based on other items or other proposals, will not be considered. Prices must be stated in units specified in this RFP in order to be considered.

4. All proposals must be signed by an officer or employee who is authorized to address contractual issues, including the authority to execute a contract on behalf of the vendor, and to whom legal notices regarding contract termination or breach, should be sent. If there is a vendor representative authorized to answer questions on product or technical information, then that person should have contact information provided. The vendor’s name and telephone number must be shown. Obligations assumed by such signature must be fulfilled.

5. Telephone/fax proposals in lieu of this form will not be accepted.

6. All purchases, whether for products or services, must be supported in advance by an official hard copy purchase order, valid purchase order number or District authorized Visa purchasing card. The Gwinnett County Board of Education will not be bound by any unauthorized purchases.


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B. SUBMISSION OF PROPOSALS

1. Each proposal must be submitted on the enclosed form in a sealed envelope with the company name, opening date and time, and RFP number printed on the outside of the envelope. Please submit an original and two copies of your response. Any submission shall constitute an irrevocable offer for one hundred twenty (120) calendar days following the deadline of its submission. Reference to a certain number of days in this RFP shall mean business days unless otherwise specified.

Responses to the RFP must contain Exhibits A, B, C, and D completed by the vendor:

2. Proposals, modifications to proposals or corrections on proposals received after

the opening time specified will not be considered. The District will not be responsible for lateness of receipt due to mail delays.

C. AWARDS

1. Vendors agree that their proposals are subject to acceptance at anytime within 120 days after opening, unless otherwise stipulated in the bid.

2. The District may place additional orders or increase quantities at quoted prices in excess of the original proposal with the consent of the vendor and for such period of time as may be agreed upon between the District and the vendor.

3. The District may accept or reject any or all proposals or part of proposals and may waive informalities, technicalities and irregularities. The judgment of the District on such matters shall be final.

4. The District reserves the right to award this RFP to more than one company or brand of copier if deemed to be advantageous to the District.

D. CONTRACT

The Request for Proposal, Vendor’s Response and a Purchase Order or Contract and its attachments, either attached hereto or by reference, when received by the successful vendor, shall constitute (1) a binding Contract on the terms set forth herein, and (2) the entire Contract, and it is to be interpreted, construed and given effect in all respects according to the laws of the State of Georgia.


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E. PRICES QUOTED

Prices quoted shall be based on F.O.B. delivery our warehouse, school, or other designated location except where installation is required. Where installation is required, prices are to include all necessary connections, leveling, piping, uncrating, moving and all other changes incurred in placing the equipment in operation, unless otherwise specified.

All merchandise requiring installation and which is shipped F.O.B. job site must be received by the successful vendor’s regularly employed personnel and the equipment stored in the area designated by the owner’s representative. The District will not assume responsibility for any items which require installation until it is completely installed and demonstrated to the satisfaction of the appropriate school officials.

F. SHIPPING AND MARKING

1. All merchandise will be received in our warehouse, school, or other designated location on weekdays between the hours of 7:00 A.M. and 3:30 P.M. Where two or more items are packaged together, their combined weight shall be no more than two thousand (2,000) pounds.

2. MARKING: Include packing list in each shipment. Packing list must show

Gwinnett County Board of Education Purchase Order Number, Contents and Shipper’s Name and Address, mark packing list and Invoices covering final Shipment “Order Completed”. If no packing list accompanies the shipment, the Buyers count will be accepted. Mark (upper left corner) or each package (box, crate, barrel, bundle, piece) clearly with (1) Shipper’s name and address, (2) Contents, (3) Board of Education Purchase Order Number, and (4) Bill of Lading or Express Receipt and on every package the marking specified above, will obligate Shipper for any and all extra cost incurred, including drayage or demurrage.

G. SAMPLES

Samples, when required, must be furnished at the Vendor’s expense to the Board. Samples must be tagged with the Vendor’s name and this RFP Number. Samples not used or destroyed in testing will be returned to the bidder at his request and at his expense.

The Board will assume no responsibility for items destroyed or stolen when being tested.


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H. INVOICES (Three (3) copies required)

All invoices must show the purchase order number, the item number, and should be mailed to Gwinnett County Public Schools, Finance Department, 437 Old Peachtree Road, NW, Suwanee, Georgia 30024-2978.

I. PAYMENT

PAYMENT IN FULL will be made by the Board of Education when an invoice is received indicating that all of the goods and/or services ordered have been delivered.

J. COMPLIANCE

All property or services furnished must comply with all applicable Federal, State and Local Laws, Codes and regulations. Successful Bidders must obtain County Permits where necessary.

K. RIGHTS AND REMEDIES

The rights and remedies of the Board provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

L. VENDORS EVIDENCE OF RESPONSIBILITY

Vendors may be required to furnish evidence in writing that they maintain permanent places of business and have adequate equipment, finances and personnel to furnish the items offered satisfactorily and expeditiously and that they are authorized dealers and can provide necessary services and warranties for items they propose to furnish. Customer references will be provided by vendor upon request by District per the specifications of this RFP.

M. SUCCESSFUL BIDDERS

Field Checks for exact measurements of all spaces for items to be furnished will be the responsibility of the successful vendor. This is to insure proper fitting of all items in the space provided.

N. RESPONSE

Failure to respond to this RFP (submission of proposal, or written notice that vendor is unable to bid on this particular request but wishes to remain on the active bidder’s list for this particular item) will be understood by the Board of Education to indicate a lack of interest and concurrence in the removal of the


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vendor’s name from the District’s mailing list.

O. DEBARMENT STATUS

By submitting their proposal and signing this page, all vendors certify that they are not currently debarred from submitting bids or proposals on contracts by any agency of the State of Georgia and the federal government, nor are they an agent of any person or entity that is currently debarred from submitting bids on contracts by any agency of the State of Georgia or the federal government.

_______________________________________ Company Representative Signature


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I THE UNDERSIGNED, ACKNOWLEDGE THAT I HAVE READ THE PROPOSAL DOCUMENT IN ITS ENTIRETY AND AGREE TO CONFORM TO ITS EVERY REQUIREMENT. I FURTHER ACKNOWLEDGE THAT FAILURE TO PREPARE, SUBMIT, OR EXECUTE THIS PROPOSAL IN THE EXACT MANNER REQUESTED WILL BE JUST CAUSE TO REJECT ANY OR MY ENTIRE PROPOSAL.

COMPANY NAME:_____________________________________________________ BY:___________________________________________________________________ (PRINT NAME) ___________________________________________________________________ (SIGNATURE) ADDRESS:____________________________________________________________ ______________________________________________________________________ PHONE NUMBER:_____________________________________________________ FAX NUMBER:________________________________________________________ E-MAIL ADDRESS:____________________________________________________ DATE:________________________________________________________________ THE ABOVE ACKNOWLEDGMENT MUST BE PROPERLY SIGNED AND FIRMLY ATTACHED TO YOUR PROPOSAL. THIS ACKNOWLEDGMENT BECOMES A PART OF YOUR PROPOSAL AND WITHOUT IT YOUR PROPOSAL IS NOT COMPLETE AND WILL BE SUBJECT TO REJECTION.


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IV. RFP SPECIFICATIONS A. Vendor Qualifications/Costs

The vendor must be the direct servicing entity for all District locations. The following must be included in the proposal for the vendor that is designated as a direct servicing entity:

1. A manufacturer’s company profile.

2. A qualifications statement describing projects and installations of

similar scope and size.

3. A statement explaining the vendor’s ability to supply, maintain, service, and support equipment for all District locations.

4. Organizational charts for administrative, billing and service units.

5. Identification of Primary staff proposed to work on this project,

including name, title and contact information.

6. At least three references, including contact names and phone numbers from companies/organizations who have been customers for a minimum of 18 months and have used the vendor’s services with comparable equipment in similar projects/installations.

7. Evidence that vendor is in good standing and qualified to conduct

business in Georgia; such as copies of business licenses, professional certifications or other credentials.

8. A statement of willingness to enter into a contract with District

under the contract terms contained in this RFP. 9. A Proposal covering all costs and compensation based upon a

purchase price, and a 36-month capital lease term for those same copiers. The Proposal should also provide a breakdown of costs for professional services, maintenance, supplies not covered by the maintenance agreement, any ancillary equipment, delivery, programming, assistance with network configuration, end-user training, follow-up support with District personnel, and any other related costs. Pedestals or stands, if required, are to be included in the purchase and in the monthly base lease cost.


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B. General and Technical Requirements for Copiers

All copiers shall be newly manufactured with no used or refurbished parts and include the optional capability for scanning, and faxing. All replacement parts must be approved by the copier manufacturer. Vendors are to complete Exhibit A - D attached. Each District location’s business needs will determine the final equipment configuration of each copier. The vendor shall provide specification sheets listing all accessories, features, functions and technical requirements of each model copier proposed. Unless otherwise specified in this RFP and Exhibits A - D all copiers shall meet the following requirements: 1. All copiers shall be capable of producing double-sided

prints/copies.

2. All copiers rated at a speed of 50 prints per minute (ppm) and faster are required to have the capability of printing on stock ranging from 20 lb.- 34 lb. Bond paper on sizes letter (8 ½ x 11), legal (8 ½ x 14) and ledger (11 x 17).

3. All copiers shall have an automated stapling system, capable of

stapling a minimum of 20 sheets of 20 lb. paper. For higher volume copiers, 100 sheets stapling capability is preferred.

4. All copiers shall have full offset stacking and finishing (stapling

only) capabilities. 5. All copiers shall possess an automated document feeder, with a

minimum capacity of 50 sheets of 20 lb. bond paper. 6. All copiers shall have a bypass tray for the purpose of printing on

specialized stock, and handling up to 110 lb. index stock paper. 7. All copiers shall be capable of enlarging documents in preset

increments to a minimum of 200%. 8. All copiers shall be capable of reducing documents in preset

increments to a minimum of 64%. 9. All copiers shall have zoom capabilities from 64% to 200%. 10. All copiers shall have the following paper capacity, using standard

20 lb. copy paper: 8 ½ x 11 paper supply - minimum of 1,000 sheets. 8 ½ x 14 paper supply - minimum of 500 sheets.


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11 x 17 paper supply - minimum of 250 sheets (may be an adjustable tray).

11. One of the three paper trays may be adjustable. Vendors may

include auxiliary paper trays in order to meet this requirement.

12. All copiers rated at a speed equal to or greater than 50 ppm shall be capable of inserting tabs/or slips sheets. Indicate whether this is a standard or optional feature.

13. All copiers shall be operational as a “walk-up” copier.

14. All copiers shall have PIN code and/or mailbox secured access for

users.

15. All copiers shall have programmable cost center/accounting meters, with a minimum of 25 separate cost centers/meters; vendor to specify the number of digits accommodated per accounting code.

16. All copiers shall be capable of scanning. Identify whether or not

scanning is an optional feature and delineate all functions of this feature. If optional, identify all costs (i.e. equipment, software, installation, etc.) and technical requirements necessary to the operation of this feature. Copiers must be able to deliver scanned documents via the Simple Mail Transport Protocol (SMTP), and deliver documents scanned to a folder located on a Microsoft Windows Active Directory server.

17. All copiers shall be capable of faxing. Identify whether or not faxing

is an optional feature and delineate all functions of this feature, including a description of its operation (i.e. fax board, fax driver, etc.). If optional, identify all costs (i.e. equipment, software, installation, etc.) and technical requirements necessary to the operation of this feature.

18. All copiers shall be capable of finishing by staples. Identify whether

or not saddle stitching is an optional feature and delineate all functions of this feature. If optional, identify all costs (i.e. equipment, software, installation, etc.) and technical requirements necessary to the operation of this feature.

C. Requirements for Maintenance Support


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1. Vendor shall provide a parts and labor warranty for a minimum of

90 days. Vendor shall identify their warranty period.

2. The vendor shall bear all material and labor costs for repair of equipment and defects and failure accruing within the warranty period.

3. Service and maintenance during the warranty period shall be no

less than the service requirements under the maintenance agreement.

4. The warranty period commences from the date of installation and

completion of acceptance by District. 5. If a copier does not perform to manufacturer’s specifications during

the warranty period, the vendor shall replace the unit(s) with a new copier/printer of the same model.

6. The maintenance/service agreement shall commence if authorized

and agreed to by users after delivery and acceptance. Maintenance agreements approved by authorized user personnel must be signed for the user by the District Purchasing department.

7. Vendor shall provide telephone support and a toll-free phone

number if needed for placing service calls, which will be available Monday through Friday, 8:00 a.m. to 5:00 p.m. Within two (2) hours of receiving the initial service call, the vendor is required to call the District contact to establish an estimated time of arrival (ETA). A technician shall arrive at the District location within four (4) business hours of the initial service call. Business hours vary from one District location to another so the vendor must be aware of the specific requirements from the needed service location.

8. Vendor will remedy any defect in software or equipment within

forty-eight (48) hours, excluding weekends and District recognized holidays, from the initial service request by the calling District location.

9. If the reported defect(s) remain unresolved for a period of forty-

eight (48) hours or more, the vendor will provide the District location with a comparable loaner copier at no charge.

10. The vendor shall maintain a minimum average rate of 95% uptime

per copier/printer per calendar quarter. The average uptime rate is


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based upon the number of business days per calendar quarter, excluding District recognized holidays. All service calls except those designated as (a) preventative maintenance; (b) operational software or equipment upgrades; or (c) District operator’s negligence or abuse will be included in the uptime analysis.

11. If required, the vendor shall submit to District Purchasing and

Property Management a Service Summary Report per location, listing (a) beginning dates/times of all service calls; (b) description of problem per service call; (c) completion dates of all service calls; (d) number of hours or days downtime per copier/printer.

12. Initial training of District personnel shall be conducted upon

equipment installation and at no cost to District, with the number of sessions, schedules, participants and number of participants per session identified by a District site representative. Network connectivity, print driver installation and other technical support training, also at no cost to District, may be scheduled at another time. Subsequent training at no cost to District if required, shall be available on an ongoing basis during the contract term for the purposes of training new personnel, providing refresher sessions, increasing user productivity through effective use of networked features, providing assistance with new procedures or equipment, etc.

13. The vendor will guarantee the availability of replacement parts,

applicable accessories and equipment for the duration of the contract term.

D. Network Technical Requirements

1. At the discretion of the District location, copiers may be connected to the District network environment. The vendor may be asked to provide technical support during the network connection phase.

2. Each networked copier shall allow printing from multiple PC

computers within the District location as determined by the local District technical representative.

3. For networked copiers with 60 ppm and above capabilities, queue

management software with bi-directional software is required. Please document additional cost, if any, associated with this software.


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4. The vendor’s product shall provide integrated support for Microsoft Active Directory Services.

5. The vendor’s product shall include integrated “role-based” access

control for administrative functions. 6. Vendor’s product will have integrated support for IEEE protocol

specification 802.1X. 7. All networked copiers should have an internal CPU. 8. All networked copiers, printing at a speed equal to or greater than

50 ppm shall have minimum server storage of 4.0 gigabytes. Those networked copiers printing at less than 50 ppm shall have minimum server storage of 2.5 gigabytes. The product will also have the capability to disable the local hard drive storage subsystem if required. (typically used in conjunction with scanner)

9. Vendor will provide technical training, at no charge, and if required

by District for a user designated District Information Management Division (IMD) approved employee in each District location relative to the connection of end-users for networked copiers.

10. The vendor shall specify all electrical requirements, including the

necessity for special electrical receptacles, dedicated lines, etc. 11. Vendor’s product will be able to provide integrated support for IEEE

protocol specification 802.11i, if wireless connectivity is approved as an option.

12. District IMD personnel reserve the right to test vendors’ equipment

online for a period to be determined to ensure compatibility with the District network. User testing may also be conducted during this period. The vendor is responsible for installing trial equipment in the IMD location to support this testing process. Installation of trial equipment shall be at no cost to District. The vendor’s equipment and technology must meet the approval of District prior to the award of the contract.

E. Pricing Requirements

1. Vendors shall provide the price for both purchased and leased

equipment. The equipment lease pricing shall be based on a 36-month term, with the asset given a one (1) dollar buyout value at


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the end of the lease. The monthly equipment lease payment shall be structured as a base equipment lease payment per copier with maintenance costs listed separately based on a specified minimum number of copies for each copier, including a specified per print charge for overages per copier. A master maintenance agreement may be developed at contract execution. Note that any term that goes beyond 12 months herein is subject to O.C.G.A. 20-2-506, which prohibits binding the Board beyond a one year term.

2. Maintenance agreement pricing shall include all maintenance,

repairs, parts and consumable supplies (except paper and staples). Vendor shall specify what supplies are excluded from the maintenance agreement and note the monthly cost associated with said supplies (based on estimated monthly volumes), per copier. Increases in maintenance agreement pricing, if any, may not exceed 2% annually.

3. Vendor shall itemize additional purchase or lease costs, if any,

associated with equipment, software and/or installation related to the operation of scanning, faxing functions and finishing.

4. District is exempt from Federal Excise Taxes, and no payment will

be made for any taxes levied on Vendor’s employee’s wages. District is exempt from State and Local Sales and Use Taxes on the services. Tax Exemption Certificates will be furnished upon request.

5. All products shall be shipped F.O.B. destination. Destination shall

be the location(s) specified in the provided Purchase Order. All items shall be at the vendor’s risk until they have been delivered and accepted by the District receiving entity. All items shall be subject to inspection on delivery. Hidden damage will remain the responsibility of the vendor to remedy without cost to District, regardless of when the hidden damage is discovered. District will contract with a separate entity to install the hardwiring for electrical and/or data. It is the responsibility of the vendor to provide all specifications for wiring and receptacle requirements.

6. The vendor will accept as trade-ins the current inventory of

photocopiers owned outright by District, if desired by the District locations and if such copiers are eligible for trade-in.

F. Term


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The initial contract award will be 12-months and may include four (4) additional one-year renewal options. Pursuant to O.C.G.A. 20-2-506 the District will have the option to terminate the Contract without further obligation at the end of each calendar year during the term.

G. Additional Leases/Purchases

During the term of this agreement, District may require vendor to provide additional models of purchased or leased equipment and accessories at a cost comparable to the equipment leases and maintenance plans in the original agreement and consistent with all other requirements listed in this RFP. District shall retain the right to exercise said option, but shall be UNDER NO OBLIGATION to do so. The copier general and technical requirements, as well as pricing structure shall adhere to all requirements outlined in this RFP. Copiers acquired through the exercise of a lease option shall be on a new 36-month lease term and not be co-terminus with any existing leases. Exercise of this option does not extend the term of any existing leases or its renewal periods. The lease term (s) entered into under this option applies to only the individually executed transactions. All other terms and conditions of the original agreement shall remain in effect. District evaluates its business objectives on an ongoing basis. In supporting changes to the business environment, equipment and feature upgrades may be reviewed. Possible purchase or lease of additional features, upgrades to black & white/color units, recommendations for increased network productivity, etc. will be evaluated and discussed with the vendor on a case-by-case basis, as needs arise. The District currently has an installed base of app. 1,100 copiers. Based on past installations and replacements of existing copiers, successful vendors can anticipate receiving orders for 50-75 copiers per year during each annual term of this Contract. This is just for informational purposes only, and should not be construed as a guarantee of business.


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H. Unit Specifications

Vendors may propose a copier that is faster, with no cap on the increase in speed. Bidders are to complete Exhibits A and B attached.

Item Estimated Monthly Volume

Copy Speed Options

Band 1 Copier and Accessories

30,000 – 50,000 50-55 ppm Fax / Scan / Networking

Band 2 Copier and Accessories

50,000 – 70,000 70 – 75 ppm Fax / Scan / Networking

Band 3 Copier and Accessories 75,000 + 85 + ppm Fax / Scan / Networking

I. Optional Equipment – Power Surge Protection

Vendors should provide an external surge protection / power filter device with the brand, model, and price of this device listed as an option in Exhibit B. This external device must be capable of protecting the copier and any other connected electronic components, including telephone and network connections. Device must have warranty stating that the surge protector will be replaced free of charge if it fails, and that the manufacturer of the device will replace or repair free of charge to District any copier and components damaged by power surges when properly connected to this power protection device.

IV. CONTRACTING REQUIREMENTS This RFP, and any orders placed hereunder shall constitute the entire purchase agreement between District and Vendor. Any amendment or modification to this agreement or any duly executed order placed hereunder shall not be valid, enforceable or binding on the parties unless (i) such amendment or modification shall be in a written instrument duly executed by the authorized representatives of both parties; (ii) such amendment or modification references this agreement and any purchase order, if applicable and identifies the specific sections contained therein which are amended or modified; and (iii) such amendment or modification shall not adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment or modification. No conflicting pre-printed provisions on the vendor’s and District forms shall be binding on the parties. A purchase order that District places hereunder shall incorporate the typed, stamped, or written provisions or data found thereon and in subordinated documents (such as shipping releases) so long as the typed, stamped, or written provisions or data merely supplement but do not vary the


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provisions of this agreement. Whenever typed, stamped, or written provisions of an accepted purchase order or vendor maintenance agreement conflict with this agreement, this agreement shall control. Submission of a proposal will constitute agreement to contract on these terms, except for any term specifically reserved in the proposal by the vendor for future negotiation.

A. Time of Essence

Time is of the essence with respect to Vendor's performance of the services and equipment.

B. Independent Contractor

Vendor shall perform all work in connection with the equipment, and/or services described in this Agreement as an independent contractor and not as the agent or employee of District. All persons furnished by vendor shall be for all purposes solely the vendor's employees or agents and shall not be deemed to be employees of District for any purpose whatsoever. Vendor shall furnish, employ, and have exclusive control of all persons to be engaged in performing services under this RFP and shall prescribe and control the means and methods of performing such services by providing adequate and proper supervision. Vendor shall be solely responsible for compliance with all rules, laws, and regulations relating to employment of labor, hours of labor, working conditions, payment of wages, and payment of taxes, such as employment, social security, and other payroll taxes, including applicable contributions from such person such as Workers Compensation as required by law.

C. Warranties and Representations

Vendor warrants and represents that vendor and vendor's personnel possess such expertise, experience and resources to provide the equipment and services required under this RFP in a diligent, timely and professional manner consistent with the highest standards of the industry. Vendor further warrants that all equipment and services provided will be in conformance with the specifications provided by District and according to the following standards: copiers will be new units, properly wrapped and packaged. Vendor further warrants that vendor will assign the manufacturer’s warranties for equipment, hardware and software to District or provide comparable warranties.

Vendor warrants and represents to District that software systems developed, distributed, installed or programmed by vendor pursuant to this


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Agreement (a) will operate consistently, predictably and accurately, without interruption or manual intervention, and in accordance with all requirements of this RFP, including without limitation all specifications and/or functionality and performance requirements; (b) that all date recognition and processing by the software system will include the four-digit format and will correctly recognize and process the date of February 29, and any related data, during Leap Years; and (c) that all date sorting by the software system that includes a "year category" will be done based on the four-digit-year format. Upon being notified in writing by District of the failure of any software systems to comply with this RFP, vendor will, within 48 hours and at no cost to District, replace or correct the software system(s) that does not comply with this RFP.

The warranties set forth above will not be subject to any disclaimer or exclusion of warranties or to any limitation of vendor's liability under the Agreement. Vendor will provide a contact person available and authorized to remedy any non-conformity with these warranties.

D. Equipment, Tools, Supplies

Vendor will supply all equipment, tools, supplies, offices, personnel, instrumentalities, transportation, support services and insurance required to deliver and install copiers under the Agreement. The vendor is not required to purchase, rent or hire any equipment, tools, supplies, offices, transportation, personnel, insurance or instrumentalities from District. District has no obligation whatsoever to provide any equipment, tools, supplies, offices, personnel, instrumentalities, transportation, support services or insurance required to perform services under this RFP.

E. Indemnity Obligations of Vendor

To the fullest extent permitted by law, vendor will protect, indemnify, defend and hold the Gwinnett County Board of Education, the Gwinnett County School District, and all officers, employees, agents and representatives and each of their successors and assigns entirely harmless from and against any and all claims, actions, demands, proceedings, liabilities, damages, judgments, fines, penalties, settlements, costs and charges, including, without limitation, attorneys' fees and expenses, arising directly or indirectly from or in connection with (a) any breach of the Agreement, (b) any actual or alleged negligent act, negligent error or omission, intentional misconduct of, or violation of any law by vendor, vendor's employees, subcontractors, agents, representatives or assigns (collectively, "Vendor's Agents") in the performance or non-performance of the professional services required to be performed by the


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vendor under this RFP; or (c) District's enforcement of its rights under this indemnity provision.

Vendor will defend, indemnify and hold harmless District (its Board of Education, officers, agents, and employees, as the same may be constituted now and from time to time hereafter) from and against any and all liability, losses or damages or any expenses or costs whatsoever to District, including reasonable attorneys' fees and costs, as a result of any claims, demands, damages, costs or judgments against District based on allegations that, as a consequence of the equipment and services rendered hereunder, any equipment, program or software designed, developed, amended, merged or restructured, or any part thereof, alone or in combination with other equipment, programs or software, infringes on any patent or copyright or misappropriates a trade secret. If any such equipment, program or software or any part thereof, is held to constitute an infringement or misappropriation, and use of the equipment, program or software is enjoined, vendor will, at its own expense, either: (1) procure for District the right to continue to use the equipment, program or software or part thereof; (2) replace the equipment program or software with a non-infringing replacement, provided that such replacement does not compromise performance and otherwise meets District's specifications; or (3) modify the equipment, program or software to make it non-infringing, provided that such modification does not compromise performance and otherwise meets District's specifications.

In the event both District and vendor are named as defendants in the same civil action, and District determines that a conflict of interest exists between the parties, vendor will provide, at its own cost, independent counsel for District. District may, at its option, designate its Office of General Counsel as equal participating counsel in any litigation wherein District is defended by the Vendor. Vendor’s obligations under this indemnity will survive the expiration and termination of this Contract.

F. Insurance Obligations of Vendor

Vendor will agree to provide and keep in full force and effect during the term of the Agreement, at vendor's own cost and expense, the following insurance policies for the joint benefit of Vendor and District, with an insurer reasonably acceptable to District:

1. Commercial general liability insurance with a general aggregate

limit (other than products/completed operations) of at least Two Million Dollars ($2,000,000.00); at least One Million Dollars


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($1,000,000.00) personal and advertising injury limit; at least One Million Dollars ($1,000,000.00) premises and operations limit; at least One Million Dollars ($1,000,000.00) each occurrence limit;

2. Workers' compensation coverage as required by law, together with

employer liability coverage with limits of not less than One Million Dollars ($1,000,000.00) per occurrence.

Vendor will provide District with true and correct copies of its insurance policies required above, and certificates of such insurance within seven (7) days following the execution of the Agreement. The copies should be sent to: Gwinnett County Public Schools, Department of Purchasing and Property Management, 437 Old Peachtree Rd., NW, Suwanee, Georgia 30024. Each such policy of insurance will name District as an additional insured and such policy or policies shall be primary and that any insurance carried by District shall be noncontributing with respect thereto. Each such policy of insurance maintained pursuant to this RFP should provide for thirty (30) days prior written notice to District in the event of cancellation or reduction in coverage or amount. If vendor fails to secure and maintain insurance policies complying with the provisions of this RFP, District may secure the appropriate insurance policies and vendor will pay upon demand the cost of the same to District or District may terminate this RFP. In addition to the required insurance to be obtained and maintained by vendor, if vendor assigns any portion of the duties under this RFP in accordance with the terms thereof, vendor will require that each subcontractor or assignee purchase and maintain the same insurance coverage required hereunder.

Vendor should immediately notify District if vendor's commercial general liability insurance contains restrictive endorsements other than those restrictive endorsements normally included in the State of Georgia. If vendor's commercial general liability insurance contains such restrictive endorsements, vendor will have five (5) business days to remove said restrictions. If vendor is unable to do so, District may terminate this Agreement in accordance with this RFP, except that notwithstanding anything to the contrary, District will only be required to give vendor two (2) weeks' notice of such termination.

G. Termination

1. Appropriation of Funds.

a. This RFP contract is subject to the appropriation of funds for such purpose by District. If sufficient funds are not so authorized, the parties mutually agree that the contract may


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be terminated or amended as appropriate in response to the elimination or reduction in funding. If the contract is terminated, vendor agrees to take-back any affected equipment, products, software, or hardware furnished under this contract, terminate any services supplied to District under this contract, and relieve District of any further obligation therefore.

b. District agrees that if subdivision (a) above is invoked,

equipment will subject to pickup by vendor in substantially the same condition in which it was delivered to District, subject to normal wear and tear.

2. Default by Vendor. This RFP may be terminated by District upon

thirty (30) days written notice to vendor in the event vendor is in default under any of the provisions of the Agreement. In the event this RFP is terminated due to the default by vendor, vendor will not be entitled to receive any compensation for services performed or for any reimbursable expenses incurred and District will have the right to have the services completed by other parties and vendor will reimburse District for the actual costs to complete the services in excess of the balance of the remaining compensation provided for in this RFP. Any such act by District will not be deemed a waiver of any other right or remedy of District, including, without limitation, District's consequential damages caused directly or indirectly by vendor's default.

3. Automatic Termination. District has the right to terminate this

Contract based on these conditions: (a) bankruptcy or insolvency of either party; (b) failure to comply with federal, state or local laws, regulations or requirements, or (c) expiration of this RFP, renewal periods or month-to-month option.

H. License and Intellectual Property Rights.

Vendor is the lawful owner or licensee of all software, hardware, methods, methodologies and any pre-existing Intellectual Property in the equipment or used in the performance of the services contemplated hereunder and the Vendor has the right to permit District access to or use of such software, hardware, methods, methodologies and Intellectual Property. The equipment and services will not be in violation of any applicable law, rule or regulation, and Vendor will obtain all permits and licenses required to comply with such laws and regulations; The equipment and services will not violate or in any way infringe upon the rights of third parties, including proprietary information and non-disclosure


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rights, or any Intellectual Property rights. As used herein, "Intellectual Property" shall mean any and all know-how, inventions, patents, copyrights, models, designs, trademarks, trade dress, trade secrets, test results, knowledge, techniques, discoveries, regulatory filings, or other information (whether or not patentable and whether or not in tangible or intangible form), and any other industrial or proprietary rights, and any documentation relating thereto, and any and all applications for any of the forgoing, whether or not registered as of the effective date of this Contract or at any later date.

I. Confidentiality and Publicity

Vendor will maintain the confidentiality of all information provided by District in the strictest confidence and will neither use it nor disclose it to anyone other than employees requiring the information to perform services under the agreement entered into between District and Vendor without the prior written consent of District to the extent permitted by Law. District will retain the right to enjoin any unauthorized disclosure in an appropriate court of law. Vendor will not issue any public announcements concerning District without the prior written consent of District.

J. Nondiscrimination

During the performance of this Agreement, vendor will not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age, sex or sexual orientation. Vendor will include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. Vendor’s authorized representative will sign the Certificate of Non-Discrimination attached to this RFP as Exhibit D.

K. Drug Free Work Place

Vendor certifies that: (1) A drug free work place and programs in compliance with O.C.G.A. § 50-24-3 which requires certain publications to, and agreements from, the vendors employees during the Term of this RFP will be maintained; and (2) It will secure from any subcontractor hired to work in a drug free work place the following written certification: "As part of the subcontracting agreement with (Contractors Name), (Subcontractor's Name), certifies to vendor that a drug free work place will be provided for subcontractor's


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employees during the performance of this RFP pursuant to paragraph 7 of subsection B of O.C.G.A. § 50-24-3." Vendor may be suspended, terminated, or debarred if it is determined that: (1) Vendor has made false certification herein above. (2) Vendor has violated such certification by failure to carry out the requirements of O.C.G.A. § 50-24-3.

L. Georgia Security and Immigration Compliance Act

If you are providing services to the District including, but not limited to schools, warehouses and central offices, the applicable Georgia Security and Immigration Compliance documents found in Exhibit C must be completed, signed, notarized and submitted with your bid proposal.

M. Background Checks

District requires that a criminal background investigation be made of any and all vendor personnel utilized to provide Services to District. Vendor must provide a signed affidavit that background checks have been completed for all employees and subcontracted personnel that will be on-site at a District facility. Vendors shall refrain from assigning personnel to any task under this RFP if such investigation reveals a disregard for the law or other background that indicates an unacceptable security risk as determined by District in the following, but not limited to, areas: (1) Crimes against person (2) Felony drug possession (3) Drug possession with intent to distribute (4) Felony theft (5) Sex crimes (6) Moral turpitude District reserves the right to independently audit Vendor’s background investigation program.

N. Assignment/Subcontracting

1. Assignment. Vendor will not assign or transfer its interest, in whole or in part, under this RFP, without the prior written consent of District, which consent may be granted or withheld in the sole and absolute discretion of District. The parties also acknowledge that District's obligations under this RFP primarily concern the financial ability to carry through the terms of payment. Therefore, District may assign or transfer part or all of its interest in this RFP, provided that such assignment shall not become effective, and District will


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not be released from its obligations under the Agreement, until such time as District or District's assignee makes payment to vendor of all fees and payments then due and payable to vendor.

2. Subcontracting. Vendor may subcontract with other qualified

firms or individuals as required to complete all, or a portion of, the delivery of equipment and services, subject to the prior written consent of District, which consent may be granted or withheld in the sole and absolute discretion of District.

Vendor will clearly describe the reason for using any subcontractors, the specific role each subcontractor will play in the specified work or project, and the relationship between the vendor and its subcontractor that will be maintained during the term of the Agreement. Regardless of approval of any subcontractor by District or any provision in the agreement to the contrary, vendor will at all times remain solely and exclusively responsible for the performance of all obligations under this RFP, will be responsible for all permits and other qualifications for subcontracted personnel so they will have authority to perform any work, and will protect, defend, indemnify and hold District harmless from any and all claims, demands, liability, or disputes of any kind arising out of or in connection any authorized subcontractor’s provision of services under the agreement.

O. General Provisions

1. Force Majeure. Neither party will be deemed in default of this RFP or any provision hereunder to the extent that any delay or failure in the performance of the obligations of such party (other than the payment of money) results from any significant and material causes beyond its reasonable control and without fault or negligence by such party. Examples of such causes include, but are not limited to, (1) acts of God or public enemy, (2) acts of the government in its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) embargoes, and (8) earthquakes.

2 Governing Law. This RFP will be governed by the laws of the

State of Georgia. 3. License. In those instances where required, the vendor represents

and warrants that the vendor holds a license, permit or other special license to perform the services pursuant to this RFP, as required by law, or employs or works under the general supervision


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of the holder of such license, permit or special license and shall keep and maintain all such licenses, permits or special licenses in good standing and in full force and effect at all times while the vendor is performing the Services pursuant to the agreement.

V. EVALUATION OF PROPOSALS

District will review submitted proposals based upon, but not solely limited to, the criteria in this Section. Note that cost will be a factor, but not the only factor, in evaluating submitted proposals. District will evaluate proposals based upon each vendor’s written submission.

A. Rejection of Proposals

All proposals will be reviewed for completeness of the submission requirements. If a proposal fails to meet a material requirement in the RFP, or is incomplete or contains irregularities, the proposal may be rejected. A deviation is material to the extent that a response is not in substantial accord with the requirements in the RFP. Immaterial deviations may cause a bid to be rejected. District may or may not waive an immaterial deviation or defect in a proposal. District's waiver of an immaterial deviation or defect shall in no way modify the RFP or excuse a vendor from full compliance with solicitation document specifications. District reserves the right to reject all proposals or bids, or when the proposed costs are not considered reasonable. District reserves the right to determine the suitability of proposals on the basis of a proposal's meeting administrative requirements, business objectives, technical requirements, the review team's assessment of the quality and performance of the equipment and services proposed, cost, and other criteria as assessed by the review team. During the evaluation process, District may require a vendor's representative to answer questions with regard to the vendor's proposal. Failure of a vendor to demonstrate that the claims made in its proposal are in fact true may be sufficient cause for deeming a proposal non-responsive. In addition to the review of any materials the vendor may provide, the Selection Committee will also evaluate completeness of Data Sheets


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attached as Exhibits A through D. The following criteria will be used in reviewing and comparing the proposals and in determining the "highest scored proposal." The weight assigned to each criterion appears following each item:

• Responsiveness: Adherence to the requirements of this RFP. Responsiveness of proposal to the original specifications set forth in the RFP, including whether or not the vendor has completed Data Sheets attached as Exhibits A through D, and whether vendor has agreed to contracting requirements set forth in Section III and IV of this RFP. (20%)

• Qualifications and Experience: The ability, capacity, flexibility,

financial stability and skill of the vendor to perform the contract, as evidenced by related factors such as its market position, strategic partnerships, customer base, standard financial reports, industry ratings/awards, ability to deliver within a reasonable time without delay, etc. Also includes client reference information from current or prior customers. (15%)

• Technical Approach and Quality: The ability of the vendor to meet

the specifications and requirements for equipment, installation, maintenance and service in Gwinnett County as evidenced by demonstrated success on similar projects, technician training, average response time, problem resolution process and parts availability (i.e. delivery time for routine and special orders, as well as on-hand inventory). Includes the quality of performance and service on previous contracts and/or references with District, if any, in the areas of administration, billing, operations and/or sales. The ability to provide quality equipment and services in fulfillment of the contract based upon business efficiencies, organizational structure, customer service, and technological competitiveness. (35%)

• Cost: Cost consideration will be reviewed only if a proposal is

determined to be otherwise qualified. All figures entered on the vendor proposal must be clearly legible. (30%)

After reviewing all proposals, District reserves the right to request that vendors who are deemed finalists in the selection process make a formal presentation to District selection committee and/or members of District Purchasing and Property Management Team.


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B. Award and Execution of Contract

The vendor with the lowest overall lifecycle cost for purchased equipment will be awarded the contract, subject to evaluation of references, maintenance capabilities, and if needed, District IMD compatibility testing. Lifecycle cost will consist of purchase price, plus monthly maintenance and copy charges at a standard volume for 36 months. If IMD determines that the highest scored vendor’s systems (equipment, hardware, software) are incompatible with District’s systems, the second and third vendor choices will be evaluated for compatibility with District’s systems.

It is anticipated that final selection of the vendor will be made by the end of April, 2008. The evaluation team will select a winning proposal subject to approvals granted by the District Board of Education. Upon selection, notice of the contract will be sent to the winning vendors in due course.

If agreement on the terms of this contract cannot be reached after a period deemed reasonable by District in its sole discretion, District may enter into negotiations and sign a contract with any other proposer who submitted timely, responsive and responsible proposals to this RFP. Questions regarding District’s award of business on the basis of proposals submitted in response to this RFP, or on any other matter, should be addressed to Matthew Mills, Assistant Director of Purchasing and Property Management, Gwinnett County Public Schools, 437 Old Peachtree Road, NW, Suwanee, GA 30024.

C. Errors in the RFP

If a vendor submitting a proposal discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, the vendor should immediately provide District with written notice of the problem and request that the RFP be clarified or modified. Without disclosing the source of the request, District may modify the document prior to three business days before the date fixed for submission of proposals by issuing an addendum to all vendors to whom the RFP was sent.

If prior to the date fixed for submission of proposals, a vendor submitting a proposal knows of or should have known of an error in the RFP but fails to notify District of the error, the vendor shall bid at its own risk, and if the vendor is awarded the contract, it shall not be entitled to additional compensation or time by reason of the error or its later correction.


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D. Questions Regarding the RFP

Any questions regarding this RFP may be addressed in writing to: Matthew Mills, Assistant Director of Purchasing and Property Management, Gwinnett County Public Schools, 437 Old Peachtree Road, NW, Suwanee, GA 30024; e-mail: [email protected]

If a vendor's question relates to a proprietary aspect of its proposal or bid and the question would expose proprietary information if disclosed to competitors, the vendor may submit the question in writing, conspicuously marking it as "CONFIDENTIAL." With the question, the vendor must submit a statement explaining why the question is sensitive. If District concurs that the disclosure of the question or answer would expose proprietary information, the question will be answered, and both the question and answer will be kept in confidence, subject to disclosure pursuant to Open Records Laws or any other disclosure requested by law. If District does not concur regarding the proprietary nature of the question, the question will not be answered in this manner and the vendor will be notified.

If a vendor submitting a proposal or bid believes that one or more of the solicitation document's requirements is onerous or unfair, or that it unnecessarily precludes less costly or alternative solutions, the vendor may submit a written request that the RFP be changed. The request must set forth the recommended change and the vendor's reason for proposing the change. Any such request must be submitted to District no later than three (3) days after receipt of the RFP.

E. Addenda

District may modify the RFP prior to the date fixed for submission of proposals by faxing an addendum to the vendors to whom the RFP was sent or by posting the addendum on District’s website. If any vendor determines that an addendum unnecessarily restricts its ability to bid, it must notify District no later than three (3) days following the receipt of the addendum.

F. Withdrawal and Resubmission/Modification of Proposals

A vendor may withdraw its proposal at any time prior to the deadline for submitting proposals by notifying District in writing of its withdrawal. The vendor must sign the notice of withdrawal. The vendor may thereafter


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submit a new or modified proposal, provided that it is received at District no later than the deadline. Modification offered in any other manner, oral or written, will not be considered. Proposals cannot be changed after the evaluation process begins.

G. Protest Procedure

A vendor submitting a proposal who wishes to protest should contact Matthew Mills, Assistant Director for Purchasing and Property Management. If Mr. Mills is unable to resolve the protest to the vendor's satisfaction, the vendor should file a written protest within five (5) working days of the notice of intention to award contract. The written protest must state the facts surrounding the issue and the reasons the vendor believes the award to be invalid. The protest must be sent by certified or registered mail or delivered personally to:

Mr. Gary Thomason

Director of Purchasing and Property Management Gwinnett County Public Schools 437 Old Peachtree Road, NW

Suwanee, GA 30024 A receipt should be requested for hand-delivered mail. Protests will be reviewed and decided within 30 days after District issues written acknowledgment of the protest. In the event that a protest is filed, the contract award will be postponed pending resolution of the protest.

H. News Releases

News releases pertaining to the award of a contract may not be made without the prior written approval of District.

I. Disposition of Materials

All materials submitted in response to an RFP will become the property of District and will be returned only at District’s option and at the expense of the vendor submitting the proposal or bid. One copy of a submitted proposal will be retained for official files and become a public record. However, any confidential material submitted by a vendor that was clearly marked as such will be returned upon request.


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J. Form of Notice

Where any notice is required or permitted in writing, the notice must be sent by U.S. mail and/or e-mail to:

Department of Purchasing and Property Management Gwinnett County Public Schools 437 Old Peachtree Road, NW

Suwanee, GA 30024

Exhibit A Copier Specification Requirements

Exhibit A - Page 1 of 1

SPECIFICATIONS MET UNMET COMMENTS I I I . A . S U B MI S S I O N R EQ U I R E M E N T S / V E N D O R Q U A L I F IC A T I O N S / C O S T S Name direct servicing entity (Vendor or authorized dealer) for each location. Provide statement of support to commit to designated authorized dealer(s).

1 Manufacturer’s company profile. 2 Qualifications statement describing projects and installations of similar scope and size. 3 Ability to supply, maintain, and service equipment in Gwinnett County. 4 Problem resolution process for service/equipment and technical/connectivity problems. 5 Organizational charts for administrative, billing and service units. 6 Identification of project manager and other primary staff proposed to work on this project. 7 References. 8 Evidence that Vendor is in good standing; copies of business licenses, professional certificates or other

credentials.

9 Statement of willingness to enter into a contract with District under the RFP terms. 10 A RFP covering all costs and compensation based upon (1) an outright purchase for the copier

identified as such and (2) a 36-month lease term. Also a breakdown of costs for professional services, maintenance, supplies not covered by the maintenance agreement, any ancillary equipment, delivery, programming, assistance with network configuration, end-user training, follow-up support with IMD staff, and any other related costs. Pedestals or stands are to be included in the monthly purchase or base lease cost.

I I I . B . S U B MI S S I O N R EQ U I R E M E N T S / G E N E R A L A N D T E C H N I C A L R E Q U I R E M E N T S F O R D IG I T A L C O P I E R S / P R I N T ER S Newly manufactured copiers/printers; no used or refurbished parts. Cost of equipment and options. Specification sheets for each model copier/printer.

1 Capability for duplexed copies/prints. 2 Capability for printing on stock from 20 - 34 lb bond paper, on letter, legal & ledger size required. 3 Automated stapling system, minimum of 20 sheets of 20 lb. bond paper. 4 Full offset stacking and finishing (stapling only) capabilities. 5 Automated document feeder with minimum of 50 sheets of 20 lb. bond paper. 6 A bypass tray for the purpose of printing on specialized stock up to 110 lbs. 7 Capability of enlarging documents in preset increments to a minimum of 200%. 8 Capability of reducing documents in preset increments to a minimum of 64%. 9 Zoom capabilities from 64% to 200%. 10 Paper capacity: letter size – min. 1000, legal size – min. 500, 11 x 17 - min. 250 sheets.



SPECIFICATIONS MET UNMET COMMENTS 11 One of the three paper trays may be adjustable (may include auxiliary paper tray). 12 Copiers with speed equal to or greater than 50 ppm capable of inserting tabs and/or slip sheets. 13 Operational as a "walk-up" digital copier, whether on District network or not. 14 Have PIN code and/mailbox secured access for users. 15 Programmable cost center/accounting meters, with a minimum of 50 separate cost centers/meters;

Vendor specify maximum number of programmable digits accommodated per accounting code.

16 Scanning option; if extra; purchase or leasing cost to be identified. 17 Faxing option; if extra; purchase or leasing cost to be identified. 18 Saddle stitching option; if extra; purchase or leasing cost to be identified. 19. Optional External Power Protection Device I I I . C . S U B MI S S I O N R EQ U I R E M E N T S / R E Q U IR E M E N T S F O R M A I N T EN A N C E S U P P O R T 1 Parts and labor warranty for a minimum of 90 days after initial installation. Must identify warranty

period.

2 Bear all material and labor costs for repair of equipment, defects and failure accruing within the warranty period.

3 Service and maintenance during warranty period is no less than the service requirements under the maintenance agreement.

4 Warranty period commences from date of installation and completion of acceptance by District. 5 Replace unit with a new copier of same model if it doesn’t perform to manufacturer’s specification

during warranty period.

6 Maintenance/service agreement to commence, if authorized and approved, after delivery and acceptance by District.

7 Provide telephone support to place service calls which will be available Monday through Friday, 8:00 a.m. – 5:00 p.m.

8 Vendor required to call with ETA within two (2) hours of initial service call; on-site technician to arrive within four (4) business hours of initial service call.

9 Arrive on-site and remedy any defect in software or equipment within forty-eight (48) hours. 10 Vendor provides loaner copier at no charge if defects unresolved in 48 hours or more. 11 Operate at minimum average of 95% uptime per copier/printer per calendar quarter. 12 Training sessions per location provided at no cost, to District staff members with schedules, participants

and number of participants per session identified by District. Other technical support training is scheduled at another time if needed, at no cost to District. Subsequent training at no cost to District.

13 Guarantee availability of manufacturers approved replacement parts, applicable accessories and



SPECIFICATIONS MET UNMET COMMENTS equipment for duration of contract term.

I I . D . S U B M IS S I O N R EQ U I R E M E N T S / N E T W O R K T E C H N IC A L R E Q U I R EM E N T S 1 All requirements per RFQ Section III. D. for Network Technical Requirements 2 District IMD reserves the right to test equipment on District’s network for a period to be determined; if

asked, vendor will provide installation of trial equipment.

I I I . E . S U B MI S S I O N R EQ U I R E M E N T S / P R I C I N G R E Q U IR E M E N T S 1 Purchase Price for each configuration. Also, 36 month Capital Lease based on one (1) dollar buyout at

end of lease term.

2 Maintenance agreement pricing includes maintenance, repairs, parts and consumable supplies (except paper and staples). Specify supplies excluded and cost associated with said supply. Maintenance agreement pricing may not be increased more than 2% annually.

4 Document, in detail, additional cost associated with equipment, software and/or installation related to scanning, faxing, saddle stitching functions and installation both for purchase and lease.

5 Delivery and installation to be included in purchase or lease price. Charges exclude hardwiring of unit. Provides all specifications for the hard wire.

6 Accept as trade-ins, current photocopiers if desired by District location. I I I . F . S U B MI S S I O N R EQ U I R E M E N T S / T E R M Initial contract award is 12-months with four (4) 1-year renewal options. To facilitate end-of-term business, contract may be extended on month-to-month basis as needed.

I I I . G . A D D IT I O N A L L E A S E S / P U R C H A S E S Additional purchased or leased equipment and accessories at comparable cost to equipment leases and purchases and maintenance plans; new lease term not co-terminus with original lease.

Exhibit B Copiers

Exhibit B - Page 1 of 1

Vendor’s Recommended Equipment Options: Additional Monthly Purchase and Lease Costs

Scanning Faxing Saddle Stitch TYPE Model

Name & # PPM Monthly Volume Rating

Purchase Price

36 Month Lease

Payment

Maint. With

copies incl. /

overage Purchase Lease Purchase Lease Purchase Lease 50 ppm / 55 ppm 30,000 – 50,000 EV per month

70 cpm / 75 ppm 50,000 – 70,000 EV per month

85 + ppm 75,000 + EV per month

Optional Power Protection Device (purchase price only)

Exhibit C “GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

OCGA 13-10-90”

Exhibit C - Page 1 of 1

TO ALL PROSPECTIVE VENDORS: If you are providing service, performing work or delivering goods to the Gwinnett County Public Schools including, but not limited to schools, warehouses and central offices, the applicable Georgia Security and Immigration Compliance documents found here must be completed, signed, notarized and submitted with your bid proposal.

1) Gwinnett County Public Schools shall comply with the Georgia Security and Immigration Compliance Act OCGA 13-10-90 et. seq.,

2) In order to insure compliance with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act OCGA 13-10-90 et. seq., the Contractor must initial one of the sections below:

_____ Contractor has 500 or more employees and Contractor warrants that

Contractor has complied with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act by registering at https://www.vis-dhs.com/EmployerRegistration and verifying information of all new employees; and shall execute any affidavits required by the rules and regulations issued by the Georgia Department of Labor as set forth at Rule 300-10-1-.01 et. seq.

_____ Contractor has 100 to 499 employees and Contractor warrants that no later than July 1, 2008, Contractor will register at https://www.vis-dhs.com/EmployerRegistration to verify information of all new employees in order to comply with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act; and shall execute any affidavits required by the rules and regulations issued by the Georgia Department of Labor as set forth at Rule 300-10-1-.01 et.seq.

_____ Contractor has 99 or fewer employees and Contractor warrants that no later

than July 1, 2009, Contractor will register at https://www.vis-dhs.com/EmployerRegistration to verify information of all new employees in order to comply with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act; and shall execute any affidavits required by the rules and regulations issued by the Georgia Department of Labor as set forth as Rule 300-10-1-.01 et. seq.


OCGA 13-10-90”


3) In the event that the contractor employs or contracts with any subcontractor in connection with a covered contract the contractor will secure from the subcontractor attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-90 et seq. and Georgia Department of Labor Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit shown in Georgia Department of Labor Rule 300-10-1-.02 or a substantially similar affidavit.

4) Contractor agrees that, in the event the (insert your company’s name) ______________________________________________ employs or contracts with any sub-contractor in connection with the covered contract under O.C.G.A. § 13-10-91 and DOL Rule 300-10-1-.02, that the (insert company’s name) ______________________________________________ will secure from each sub-contractor the employee-number applicable to the sub-contractor.

5) Contractor agrees to provide Gwinnett County Public Schools with all affidavits of compliance as required by O.C.G.A. § 13-10-90 et seq. and Georgia Department of Labor Rule 300-10-1-.02, 300-10-1-.03, 300-10-1-.07 and 300-10-1-.08.


OCGA 13-10-90”


“CONTRACTOR AFFIDAVIT AND AGREEMENT”

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 12-10-91, stating affirmatively that the individual, firm or corporation which is contracting with the Gwinnett County Board of Education has registered with and is participating in federal work authorization program [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the Gwinnett County Board of Education, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and to provide a copy of each such verification to the Gwinnett County Board of Education at the time the subcontractor(s) is retained to perform such service. ___________________________________________ EEV/Basic Pilot Program User Identification Number ___________________________________________ ________________________ BY: Authorized Officer or Agent Date (Contractor Name) ___________________________________________ Title of Authorized Officer or Agent of Contractor ___________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF _____________________, 200___ ___________________________________________ Notary Public My Commission Expires: ______________________

Exhibit D CERTIFICATE OF NON-DISCRIMINATION

Exhibit D

In connection with the performance of work under this contract, the vendor agrees as follows: The vendor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40), sex or sexual orientation. The vendor shall take affirmative action to insure that employees are treated without regard to their race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40), sex or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruiting or recruitment, advertising, lay-off or termination, rates of pay or other compensation and selection for training, including apprenticeship. In the event the vendor is not in compliance with this non-discrimination clause, the contract may be cancelled or terminated by District. District may declare the contractor, ineligible for further contracts with District until satisfactory proof of intent to comply shall be made by the vendor. The vendor agrees to include this non-discrimination clause in any sub-contracts connected with the performance of this agreement.

_____________________________________________ Vendor

____________________________________________ Signature

____________________________________________ Date

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