IFB Title: Toners

IFB Number: IFB 13-54


INVITATION FORBID
Superior Court of California, County of San Bernardino
Regarding:
IFB 13-54 Compatible toners
PROPOSALS DUE:
April 17, 2014 no later than 3:00 p.m. Pacific time

1.0BACKGROUND INFORMATION

1.1The Superior Court of California, County of San Bernardino (hereinafter referred to as the “Court”) desires the services of a person or entity to provide the following IT goods described below.

2.0DESCRIPTION OF GOODS AND/OR SERVICES

The Superior Court of California, County of San Bernardino (hereinafter referred to as the “Court”), proposes to purchase the followingcompatible Extended Yield Toner Cartridges manufactured by Micro Solutions Enterprises (MSE), Van Nuys, CA registered sub-brand “MPS ENGINEERED":

  • 225 each 02-21-64142 compatible toners to fit HP LJ P4515n
  • 200 each 02-21-05162 compatible toners to fit HP LJ P2055dn
  • 500 each 02-21-90142 compatible toners to fit HP LJ M602n
  • 1000 each 02-21-80162 compatible toners to fit HP LJ Pro M401dne

2.1Must meet the following specifications:

  • Must be made in the USA

The Court has had prior negative experience with “off-shore” compatible toners and therefore is limiting this procurement to strictly domestic manufacturers.

  • Must meet the following quality certifications
  • ISO 9001
  • ISO 19752
  • ISO 19798
  • Must meet the following green certification
  • ISO 14001
  • Nordic Swan
  • Remanufactured product must not infringe OEM Intellectual Property (IP)
  • Must state page yield per toner
  • Must have a 3 year shelf life
  • Must have a written 3 year warranty; vendor must agree to replace any defective toners within the warranty period
  • Vendor must agree to warrantythe replacement or repair ofany printer damaged by their compatible toners
  • Entire order must be delivered and invoiced between June 2, 2014 and

June 20, 2014

For the purpose of calculating/estimating shipping costs the bidders should use the following address:

Distribution Center

770 South Gifford Avenue

San Bernardino, CA 92408

3.0TIMELINE FOR THIS IFB

The Court has developed the following list of key events related to this IFB. All dates are subject to change at the discretion of theCourt.

EVENT / DATE
IFB issued: / March 27, 2014
Deadline for questions / April 4, 2014
3:00 PM Pacific Time
Questions and answers posted / April 7, 2014
Latest date and time proposal may be submitted / April 17, 2014
3:00 PM Pacific Time
Public opening of proposals / April 18, 2014
9:00 AM Pacific Time
Evaluation of Proposals(estimate only) / April 21, 2014
Notice of Intent to Award (estimate only) / May 05, 2014

4.0IFB ATTACHMENTS

The following attachments are included as part of this IFB:

ATTACMENT / DESCRIPTION
Attachment 1: Administrative Rules Governing (IT Goods and Services): / These rules govern this solicitation.
Attachment 2: Court Purchase Order Standard Terms and Conditions / Court Standard Terms and Conditions
Attachment 3: Proposer’s Acceptance of Terms and Conditions / On this form, the Proposer must indicate acceptance of the Terms and Conditions or identify exceptions to the Terms and Conditions.
Attachment 4: General Certifications Form / The Proposer must complete the General Certifications Form and submit the completed form with its proposal.
Attachment 5: Small Business Declaration / The Proposer must complete this form only if it wishes to claim the small business preference associated with this solicitation.
Attachment 6: Payee Data Record Form / This form contains information the Court requires in order to process payments and must be submitted with the proposal.
Attachment 7: Payment Provisions / Payment provisions that govern this solicitation.
Attachment 8: Postconsumer-content Certification / The State Agency Buy Recycled Campaign (SABRC) is a state mandated program. This certification shall be provided regardless of the content, even if the product contains no recycled material.

5.0PAYMENT INFORMATION

The type of award contemplated herein is Firm Fixed Price (FFP) therefore the following will apply:

  • Progress or advance payments are not allowed under this solicitation.
  • Travel and per diem expenses are not allowed under this solicitation.
  • Payment shall be made upon completion and presentation of the deliverables as set forth in Section 1.0 of this IFB.
  • Delivery is part of the consideration and must be stated in definite terms and adhered to. Any damaged items shall be returned to the vendor and replaced with new item(s). Vender shall be responsible for picking up items and any costs incurred.

6.0SUBMISSIONS OF PROPOSALS

6.1Proposals should provide straightforward, concise information that satisfies the requirements of the “Proposal Contents” section below. Expensive bindings, color displays, and the like are not necessary or desired. Emphasis should be placed on conformity to the IFB’s instructions and requirements, and completeness and clarity of content.

6.2The Proposer must submit its proposal in two parts, the non-cost portionand the cost portion.

a.The Proposermust submitone (1) original of the non-cost portion of the proposal. The original must be signed by an authorized representative of the Proposer. The Proposer must write the IFB title and number on the outside of the sealed envelope.

b.The Proposermust submitone (1) original of the cost portion of the proposal. The original must be signed by an authorized representative of the Proposer. The original cost portion must be submitted to the Court in a single sealed envelope, separate from the non-cost portion. The Proposer must write the IFB title and number on the outside of the sealed envelope.

6.3Proposals must be delivered by the date and time listed on the coversheet of this IFB to:

USPS Registered/Special Delivery (Fed-Ex, UPS or Hand Delivery)

Superior Court of California, County of San Bernardino

CEO Office - Purchasing

303 W. Third St., 4th Floor

San Bernardino, CA 92415-0302

6.4Late proposals will not be accepted.

6.5Only written proposals will be accepted. Proposals must be sent by registered or certified mail, courier service (e.g. FedEx), or delivered by hand. Proposals may not be transmitted by fax or email.

7.0PROPOSAL CONTENTS

7.1Non-Cost Portion. The following information must be included in the non-cost portion of theproposal. A proposal lacking any of the following information may be deemed non-responsive.

a.Proposer’s name, address, telephone and fax numbers, and federal tax identification number. Note that if Proposer is a sole proprietor using his or her social security number, the social security number will be required before finalizing a contract.

b.Name, title, address, telephone number, and email address of the individual who will act as Proposer’s designated representative for purposes of this RFP.

c.Model number(s), specifications, or other description of the goods Proposer proposes to supply to the Court, including warranty information.

d.Names, addresses, and telephone numbers of a minimum of three (3) clients for whom the Proposer has provided similar goods. The Court may check references listed by Proposer.

e.Acceptance of the Terms and Conditions.

i.On Attachment 3, the Proposer must either indicate acceptance of the Terms and Conditions or clearly identify exceptions to the Terms and Conditions. An “exception” includes any addition, deletion, or other modification.

ii.If exceptions are identified, the Proposer must also submit a red-lined version of the Terms and Conditionsthat clearly tracks proposed changes, and a written explanation or rationale for each exception and/or proposed change.

f.Certifications, Attachments, and other requirements.

i.Proposer must include the following certifications in its proposal:

Proposer certifies that it has no interest that would constitute a conflict of interest under California Public Contract Code sections 10365.5, 10410 or 10411; Government Code sections 1090 et seq. or 87100 et seq.; or rule 10.103 or rule 10.104 of the California Rules of Court, which restrict employees and former employees from contracting with judicial branch entities.

Proposer certifies that either (i) it is not a scrutinized company as defined in PCC 10490(b), or (ii) the goods or services the Proposer would provide to the Court are not related to products or services that are the reason the Proposer must comply with Section 13(p) of the Securities Exchange Act of 1934. (Note: PCC 10490(b) defines a “scrutinized company” as “a person that has been found to be in violation of Section 13(p) of the Securities Exchange Act of 1934 by final judgment or settlement entered in a civil or administrative action brought by the Securities and Exchange Commission and the person has not remedied or cured the violation in a manner accepted by the commission on or before final judgment or settlement.”)

ii.Proposermust submit with its proposal, for itself and each of its affiliates that make sales for delivery into California, a copy of either (i) a California seller's permit issued under Revenue and Taxation Code section 6066 et seq. or (ii) a certificate of registration issued under Revenue and Taxation Code section 6226.

iii.If (i) Proposer is a corporation, limited liability company, or limited partnership,and (ii) the agreement resulting from this RFP will be performed in California, proof that Proposer is in good standing and qualified to conduct business in California.

7.2Cost Portion. The following information must be included in the costportion of the proposal.

IT Goods:

  1. The cost per unit for the goods described in the non-cost information.
  1. Lead time for delivery ARO (after receipt of order)

iii.FOB Point and estimated shipping cost, if applicable.

NOTE: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code.

8.0OFFER PERIOD

A Proposer's proposal is an irrevocable offer for ninety (90) days following the proposal due date. In the event a final contract has not been awarded within this period, the Court reserves the right to negotiate extensions to this period.

9.0EVALUATION OF PROPOSALS

The bids will be publicly opened at 9:00 AM April 18, 2014, at the Court’s Purchasing offices located at:

303 W. Third St., 4th Floor

San Bernardino, CA 92415

The JBE will evaluate the proposals and a contract award, if made, will be to Responsible Bidder that submitted the lowest Responsive Bid after the application of any preference, incentives, or discounts if applicable. If a contract will be awarded, the Court will post a Notice of Intent to Award at:

10.0CONFIDENTIAL OR PROPRIETARY INFORMATION

Proposals are subject to disclosure pursuant to applicable provisions of the California Public Contract Code and rule 10.500 of the California Rules of Court.The JBE will not disclose (i) social security numbers, or (ii) balance sheets or income statements submitted by a Proposer that is not a publicly-traded corporation. All other information in proposals will be disclosed in response to applicable public records requests. Such disclosure will be made regardless of whether the proposal (or portions thereof) is marked “confidential,” “proprietary,” or otherwise, and regardless of any statement in the proposal (a) purporting to limit the JBE’s right to disclose information in the proposal, or (b) requiring the JBE to inform or obtain the consent of the Proposer prior to the disclosure of the proposal (or portions thereof). Any proposal that is password protected, or contains portions that are password protected, may be rejected. Proposers are accordingly cautioned not to include confidential, proprietary, or privileged information in proposals.

11.0DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION GOALS

The Court’s DVBE participation goal is a minimum of 3% of the value of all Court contracts in any given fiscal year (July 1 thru June 30). To implement the DVBE program the Court may grant bidders that provide DVBE participation a DVBE incentive. The Court DVBE incentive for procurements awarded to the lowest responsible bidder may be initially 3%. The Court DVBE incentive for procurements awarded to the highest scoring bidder/proposer may also initially be 3%. Any bidder claiming the DVBE incentive for any procurement must submit the appropriate certifications as part of a complete bid package. The Court will not apply the DVBE incentive without the proper certifications on file.

12.0SMALL business preference

Small business participation is not mandatory. Failure to qualify for the small business preference will not render a proposal non-responsive.

Eligibility for and application of the small business preference is governed by the JBE’s Small Business Preference Procedures for the Procurement of Information Technology Goods and Services. The Proposer will receive a small business preference if, in the JBE’s sole determination, the Proposer has met all applicable requirements. If the Proposer receives the small business preference, the score assigned to its proposal will be increased by an amount equal to 5% of the points assigned to the highest scored proposal. If a DVBE incentive is also offered in connection with this solicitation, additional rules regarding the interaction between the small business preference and the DVBE incentive apply.

To receive the small business preference, the Proposer must be either (i) a Department of General Services (“DGS”) certified small business or microbusiness performing a commercially useful function, or (ii) a DGS-certified small business nonprofit veteran service agency.

If the Proposer wishes to seek the small business preference, the Proposer must complete and submit with its proposal the Small Business Declaration (Attachment 5). The Proposer must submit with the Small Business Declaration all materials required in the Small Business Declaration.

Failure to complete and submit the Small Business Declaration as required will result in the Proposer not receiving the small business preference. In addition, the JBE may request additional written clarifying information. Failure to provide this information as requested will result in the Proposer not receiving the small business preference.

If the Proposer receives the small business preference, (i) the Proposer will be required to complete a post-contract report; and (ii) failure to meet the small business commitment set forth in its proposal will constitute a breach of contract.

FRAUDULENT MISREPREPRETATION IN CONNECTION WITH THE SMALL BUSINESS PREFERNCE IS UNLAWFUL AND IS PUNISHABLE BY CIVIL PENALTIES. SEE GOVERNMENT CODE SECTION 14842.5.

13.0PROTESTs

Any protests will be handled in accordance with Chapter 7 of the Judicial Branch Contract Manual (see ). Failure of a Proposer to comply with the protest procedures set forth in that chapter will render a protest inadequate and non-responsive, and will result in rejection of the protest. The deadline for the Court to receive a solicitation specifications protest is 3:00 PM

April 17, 2014. Protests should be sent to:

Superior Court of California

County of San Bernardino

Legal Research –Steve Pascover, Managing Judicial Staff Counsel

303 W 3rd Street, 4th Floor

San Bernardino, CA 92415-0302

Throughout the review process, the court has no obligation to delay or otherwise postpone an award of contract based on a proposer protest. In all cases, the court reserves the right to make an award when it is determined to be in the best interest of the court to do so.

14.0CANCELLATION OF SOLICITATION:

The Court may cancel this solicitation at any time in accordance with the Judicial Branch Contracting Manual (JBCM) 4.4.B, which states in part “Before a Bid Closing Date, the JBE (Judicial Branch Entity) may cancel a solicitation for any or no reason. After the Bid Closing Date, all bids may be rejected if the JBE determines that:

  • The Bids received are not really competitive
  • The cost is unreasonable;
  • The cost exceeds the amount expected; or
  • The JBE determines otherwise that awarding the contract is not in the best interest of the JBE

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