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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members ofthe City Commission
Hector Mirabile, Ph.D., City Man~ge~r
April 17, 2012 Agenda Item No.:
South Miami
bOd
~iP
2001
A Resolution authorizing the city manager to purchase Dell Server
for Laserfiche a total expenditure associated with this project of
$5,737.89 from account number 001-1340-513-6430.
The City's MIS Office -International Data Consultants, Inc (IDC) is tasked with
working towards a paperless environment. To achieve this task, the city will
purchase the Dell Server for the installation of the Laserfiche software.
The city will be piggybacking from the State of Florida contract No. 250-001-
09-1. The quotation from Dell includes a 3 year warranty.
$ 5,737.89
Funding Source: 001-1340-513-6430 Machinery & Equipment Equipment-Operating with a
current balance of$ 11,182.00.
Backup Documentation:
o State of Florida Contract No. 250-001-09-1
o Quote from Dell
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RESOLUTION NO.: ________ _
A Resolution authorizing the city manager to purchase Dell Server for Laserfiche
a total expenditure associated with this project of $5,737.89 from account number
001-1340-513-6430
WHEREAS, the City's MIS Office -International Data Consultants, Inc (IDC) is tasked with working towards
a paperless environment; and
WHEREAS, the City of South Miami needs assistance in achieving this task which will require the expertise of
the MIS Office, International Data Consultants (IDC) who can help implement and carry out this important task; and
WHEREAS, to achieve this task, the City will purchase the Dell Server. By purchasing this Server the city will
obtain the proper hardware needed to install the laserfiche software. It will provide the City the foundation for a
paperless environment.
WHEREAS, the City desires to piggyback from the State of Florida Contract No. 250-000-09-01 to purchase
the Server from Dell for a total amount of$ 5,737.89. .
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The city manager is authorized to purchase the Dell Server from (Dell) as set forth in quotation
which is attached and made part of this resolution by reference, for a total amount of $ 5,737.89 to be paid from account
number 001-1340-513-6430 Machinery & Equipment Equipment-Operating which has a current balance of $ 11,182.00.
Section 2
Commission.
This resolution shall be effective immediately upon being approved by a vote of the City
Passed and Adopted this _day of _____ ... 2012.
Attest: Approved:
City Clerk Mayor
Read and approved as to form Commission Vote:
language, legality and execution thereof Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
CITY ATTORNEY
USA m.l§
Your Dell Quote
Thank you for your interest in Dell. This
message contains all of the information regarding
your products and/or services. Please verify that
it is accurate. Use the links below to purchase
your new system now or to make modifications
before placing your order. Feel free to contact
your Sales Professional or visit www.dell.comif
you have any further questions regarding your
purchase.
Thanks again for choosing Dell.
Quote Information
Customer Number:
Customer Name:
Contract Number:
Agreement Number:
Your Sales Professional:
Quote Number:
Quote Date:
03167471
CITY OF SOUTH MIAMI
32ABH
250-000-09-1
Johnathan Otero
Johnathan Otero@Dell.com
(800) 289-3355x 5139062
617712785
04/05/2012
Estimated Delivery Date:
Learn More
If you place your order today, it is estimated to be delivered
on or before 413012012.
Quote Details
Quote Number: 617712785
I N~t~~er Quantity Item Description
• 1 PowerVault MD1220, Rackmount SAS, 24 1224-7093 Bay,Power Supply i
1341-4158
i330-6058
1313-8747
1330-6062
1330-6062
[342-1559
i
1330-6048
1
1
1
1
1
1
1
HD Multi-Select
2 Encl Mgmt Modules, SAS Only
Bezel ASSY,MD1220
6Gb SAS Cable, 1 M
6Gb SAS Cable, 1 M
PERC H800 RAID Kit for External JBOD, 1 Gb NV
Cache
RackRails, RapidRails for Dell Rack
U "t P " Extended
I'll nce Price
$10,116.51 $10,116.51
; Power Cord, NEMA 5-15P to C13, 15 amp, wall 1310-9965 1
1 plug, 6 feet I 2 meter I
1310-9965 1 Power Cord, NEMA 5-15P to C13, 15 amp, wall
plug, 6 feet I 2 meter
!907-8248 1 Dell Hardware Limited Warranty Plus On Site
I Service Extended Year
1907-8507 1 Dell Hardware Limited Warranty Plus On Site
Service Initial Year
i
Mission Critical Package: 4-Hour 7x24 On-Site
!908-1372 1 Service with Emergency Dispatch, 2 Year
Extended
'909-2600 1 Mission Critical Package: 4-Hour 7x24 On-Site
I Service with Emergency Dispatch, Initial Year 1
i907-8308 1 MISSION CRITICAL PACKAGE: Enhanced
Services, 3 Year
1908-1562 1 ProSupport : 7x24 HW I SW Tech Support and
Assistance, 3 Year
1989-3439
Thank you choosing Dell ProSupport. For tech
1 support, visit http://support.dell.com/ProSupport or
i call 1-800-945-3355
1900-9997 1 On-Site Installation Declined
i Proactive Maintenance Service, PV, 1 Event per 1988-9507 1
1341-9998
yr, 1 yr
1 Hard Drive Filler,Single Blank
1341-9998 1 Hard Drive Filler,Single Blank
1341-9998 1 Hard Drive Filler,Single Blank
1341-9998 1 Hard Drive Filler,Single Blank
1341-9998 1 Hard Drive Filler,Single Blank
1
1341-9998 1 Hard Drive Filler,Single Blank
1341-9998 1 Hard Drive Filler,Single Blank
1
1341-9998 1 Hard Drive Filler,Single Blank
1341-9998 1 Hard Drive Filler,Single Blank
1341-9998 1 Hard Drive Filler,Single Blank
1341-9998 1 Hard Drive Filler,Single Blank I
1341-9998 1 Hard Drive Filler,Single Blank i 600GB 10K RPM SA SCSI 6Gbps 2.5in Hotplug 1342-0848 1 Hard Drive
1 600GB 10K RPM SA SCSI 6Gbps 2.5in Hotplug !342-0848 1
i Hard Drive
1 600GB 10K RPM SA SCSI 6Gbps 2.5in Hotplug 1342-0848 1
I Hard Drive !
1342-0848 1 600GB 10K RPM SA SCSI 6Gbps 2.5in Hotplug
Hard Drive
1342-0848 1 600GB 10K RPM SA SCSI 6Gbps 2.5in Hotplug
I
Hard Drive
1342-0848 1 600GB 10K RPM SA SCSI 6Gbps 2.5in Hotplug
! Hard Drive
1 600GB 10K RPM SA SCSI 6Gbps 2.5in Hotplug 1342-0848 1 Hard Drive I 600GB 10K RPM SA SCSI 6Gbps 2.5in Hotplug j342-0848 1 Hard Drive
1342-0848 1 600GB 10K RPM SA SCSI 6Gbps 2.5in Hotplug
i Hard Drive
1342-0848 1 600GB 10K RPM SA SCSI 6Gbps 2.5in Hotplug
i Hard Drive
1342-0848 1 600GB 10K RPM SA SCSI 6Gbps 2.5in Hotplug
! Hard Drive
! 1 600GB 10K RPM SA SCSI6Gbps 2.5in Hotplug :342-0848 Hard Drive
i PE R710 with Chassis for Up to 6, 3.5-lnch Hard 1224-8462 1 $5,737.89 $5,737.891 i Drives
1330-4124 1 PowerEdge R710 Shipping
b17-7359 1 24GB Memory (6x4GB), 1333MHz Dual Ranked
I LV RDIMMs for 1 Proc, Optimized
I Embedded Broadcom, GB Ethernet NICS with i430-2970 1
I TOE and ISCSI Offload Enabled
1430-1764 1 Embedded Broadcom, GB Ethernet NICS with
i TOE
I Intel XeonE5620 2.4Ghz, 12M Cache,Turbo, HT, I
1317-4112 1 1066MHz Max Mem
1317-1224 1 PowerEdge R71 0 Heat Sink for 1 Processor
I
1311 -3928 1 No Second Processor
1341-4158 1 HD Multi-Select
I
PERC H700 Integrated RAID Controller, 512MB 1342-0649 1
I Cache, x6
1330-3491 1 Power Saving BIOS Setting
i Windows Server 2008 R2 SP1, Standard Edition,
1421 -5425 1 Includes 5 CALS
1467-8649 1 iDRAC6 Express
i313-9090 1 DVD+I-RW, SATA, INTERNAL
1313-7517 1 Bezel
1320-7886 1 Riser with 2 PCle x8 + 2 PCle x4 Slot i Electronic System Documentation and 1330-3485 1
1341-8700
Open Manage DVD Kit
1 RAID 5 for H700 or PERC 6/i Controllers
b30-3477 1 ReadyRails Sliding Rails With CableManagement
1330-3475
Arm
1 High Output Power Supply Redundant, 870W
1310-9057 1 No Power Cord
i Thank you choosing Dell ProSupport. For tech !
!989-3439 1 support, visit http://support.dell.com/ProSupport or
call 1-800-945-3355
i992-8162
Mission Critical Package: 4-Hour 7x24 On-Site
1 Service with Emergency Dispatch, 2 Year
Extended
1992-8352 1 ProSupport: 7x24 HW I SW Tech Support and
! Assistance , 3 Year
[993-2200 1 Mission Critical Package: 4-Hour 7x24 On-Site
I
Service with Emergency Dispatch, Initial Year
1 Dell Hardware Limited Warranty Plus On Site 1993-8447 Service Initial Year I
I
1993-8458 1 Dell Hardware Limited Warranty Extended Year
I MISSION CRITICAL PACKAGE: Enhanced 1993-8518 1
1900-9997
Services, 3 Year
1 On-Site Installation Declined I
1926-2979 1 Proactive Maintenance Service Declined
I
1310-8509 1 Power Cord, NEMA 5-15P to C13, 15 amp, wall
i310-8509
plug, 10 feet I 3 meter
1 Power Cord, NEMA 5-15P to C13, 15 amp, wall
plug, 10 feet I 3 meter
!310-8509 1 Power Cord, NEMA 5-15P to C13, 15 amp, wall
[ plug, 10 feet I 3 meter
1342-2056
!
1 600GB 15K RPM SAS 6Gbps 3.5in Hot-plug Hard
Drive
1342-2056 1
1342-2056 , 1
600GB 15K RPM SAS 6Gbps 3.5in Hot-plug Hard
Drive
600GB 15K RPM SAS 6Gbps 3.5in Hot-plug Hard
Drive
Subtotal:
Shipping & Handling:
Tax:
Environmental Disposal Fee:
Total Price w/Discounts:
Important Things to Know:
• Purchase Order Requirements
$15,854.40
$0.00
$0.00
$0.00
$15,854.40
Who? To Bill: Billing address, Contact Name, Phone Number and purchase order.
Where? To Ship: Shipping Address, Contact Name and Phone Number.
What? To Ship: Quote Number, Quantity, Price(including tax and shipping charges if
applicable).
When? To Pay: Net Terms, DFS, Lease or Credit Card.
• The above information on price, tax, shipping and monthly payment is estimated and
subject to verification. All product information is based on the latest information
available and is subject to change. Your order is subject to the terms of the agreement
signed by you and Dell, or absent such agreement, to Dell's Terms of Sale. Prices and
tax rates are valid in the U.S. only and are subject to change. Products displayed are
available to U.S. customers who take delivery in the 50 United States. Shipments to
California: For certain products, a State Environmental Fee Of Up to $10 per item may
be applied to your invoice. Prices in your cart do not reflect this fee. For more
information on this fee please contact your Sales Professional. LCD panels in Dell
products contain mercury, please dispose of them properly. Exceptions to Dell policies
are at Dell's sole discretion and additional fees may apply.
• Sales/Use tax is a destination charge based on the "ship to" address on your purchase
order. Please indicate your taxability status on your PO. If exempt, please fax
exemption certificate to Dell Tax Department at 1-800-433-9023, referencing your
customer number. If you have any questions regarding tax please email
Tax_Department@dell.com.
• Please save this Quote Confirmation. To ensure that your quote is complete and
accurate please verify that the operating system and configuration meet your IT and
end user needs. If you'd like to place your order online, visit www.dellocom/guote/gto.
With a few simple clicks you can purchase it online. It's that easy. You may also fax
your order to the attention of your Sales Professional at 1-866-607-6914.
• Learn more about the Estimated Delivery Date.
• Interested in learning more about the benefits of unlocked phones? Visit the Nokia
Brand Store for more details -www.dell.com/nokia
• Looking for the latest fashions in computer bags? Shop our extensive selection at-
www.dell.com/bagboutigue
• Shop Dell's great assortment of Samsung LED & LCD TVs, Blu-Ray, Home Theater,
Cameras and Camcorders at -www.dell.com/samsung
• Visit Dell's exciting new GAME Store featuring the latest game titles, consoles and
accessories -www.dell.com/gamestore
AMENDMENT 2
TO
State Term Contract No.: 250-000-09-1
This Amendment, effective September 8, 2011, is by and between the State of Florida, Department of
Management Services (Department), Division of State Purchasing (Division), an agency of the State of
Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and (Contractor), and amends
State Term Contract No. 250-000-09-1 (Contract).
Whereas, the Department awarded the Contract to Contractor for the provision of Information Technology
Hardware -Networking Infrastructure, pursuant to ITN No. 17-250-000-Y; and,
Whereas, the parties, upon mutual agreement, may renew the Contract, in whole or in part, for a period
that may not exceed three years or the term of the contract; and,
Now therefore, in consideration of the mutual promises contained in the Contract, the parties agree to the
following:
1.0 CONTRACT RENEWAL
The Department hereby executes its renewal option for a one year period pursuant to Section
287.057(13), Florida Statutes.
2.0 DISCOUNT RATE
"Please the signed amendment documents for each Contractor under "Amendment and
Memorandums" for the individual average discount rate."
3.0 REPORTING REQUIREMENTS
Section 5.6, of ITN No. 17-250-000-Y, is superseded and entirely replaced with the following:
5.6 Contract Reporting Requirements
Each Contractor shall submit a sales report on a Quarterly basis. Reporting periods coincide
with the State Fiscal Year:
• Quarter 1 -(July-September)
• Quarter 2 -(October-December)
• Quarter 3 -(January-March)
• Quarter 4 -(April-June)
Each Quarterly Sales Report must be in Excel format and shall include:
a. Prime Contractor's Company Name, Address, Vendor Number, Reporting
Period, Reporting Date, Contact Person, and Contact Person Email and Phone
Number.
b. Total dollar value of purchases, leases or rentals per quarter separated by:
• State Agency/Other Eligible User;
• Category Group (Category 1, 2, 3, 4, and 5)
• Quantity Sold;
• Purchase order and p-card order total dollar values; and
• Total Sales
c. A Roll-up of the Total dollar volume per quarter by Category group.
d. A Grand Total dollar volume by quarter.
Contract No.: DMS 250-000-09-1 Page 1
e. Actual average overall discount percentage savings per quarter.
Contractor shall also report (on a quarterly basis), the total spending with certified and other
minority business enterprises directly related to transactions under this contract. Reports
shall include the Reporting Period, the Name, Minority Code and Federal Employer
Identification Number of each CWMBE utilized during the period, commodities and services
provided by the CWMBE, and the amount paid to each minority Contractor or sub-contractor
on behalf of each purchasing agency or eligible user ordering under the terms of this contract.
Quarterly Sales Reports must be submitted within thirty (30) calendar days following the end
of each quarter. Failure to provide quarterly reports, including reporting no sales, leases, or
rentals, within the required timeframe may result in the Prime Contractor being found in
default and cancellation of the contract by the Department.
Submission of the quarterly sales reports are the responsibility of the Contractor without
prompting or notification by the Department. The Contractor shall submit the completed
quarterly reports by email to the Department.
4.0 INTELLECTUAL PROPERTY
The parties agree that the services provided under this Contract do not include the creation of
intellectual property.
S.O PREFERRED PRICE
The Contractor agrees to submit to Department, at least annually, an affidavit from an authorized
representative attesting that the Contractor is in compliance with the preferred pricing provision in
Section 4(b) of form PUR 1000.
6.0 EMPLOYMENT ELIGIBILITY VERIFICATION
Contractor agrees that it will enroll and participate in the federal E-Verify Program for Employment
Verification under the terms provided in the "Memorandum of Understanding" governing the
program. Contractor further agrees to provide to the Agency, within thirty days of the effective date
of this amendment/renewal, documentation of such enrollment in the form of a copy of the E-Verify
"Edit Company Profile" screen, which contains proof of enrollment in the E-Verify Program (this page
can be accessed from the "Edit Company Profile" link on the left navigation menu of the E-Verify
employer's homepage).
Contractor further agrees that it will require each subcontractor that performs work under this
contract to enroll and participate in the E-Verify Program within ninety (90) days of the effective date
of this amendment/renewal or within ninety (90) days of the effective date of the contract between
the Contractor and the subcontractor, whichever is later. The Contractor shall obtain from the
subcontractor(s) a copy of the "Edit Company Profile" screen indicating enrollment in the E-Verify
Program and make such record(s) available to the Agency upon request.
Contractor further agrees to maintain records of its participation and compliance with the provisions
of the E-Verify program, including participation by its subcontractors as provided above, and to make
such records available to the Agency or other authorized state entity consistent with the terms of the
Memorandum of Understanding.
Contract No.: DMS 250-000-09-1 Page 2
7.0 SCRUTINIZED COMPANIES LISTS
In executing this amendment/renewal, Contractor certifies that it is not listed on either the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes. Pursuant to
section 287.135{5}, F.S., Contractor agrees the Department may immediately terminate this contract
for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on
the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List during the term of the contract.
8.0 CONFLICT
To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of
this Agreement shall control. All other terms of the Contract remain in full force.
9.0 WARRANTY OF AUTHORITY
Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind
the respective party.
State of Florida, Contractor
Department of Management Services
By: ______________ _ By: ______________ _
Name: _______________ _ Name: _______________ _
Title: _______________ _ Title: _______________ _
Date: _______________ _ Date: ________________ ___
Approved as to form and legality
8y: _______________ ___
Office of the General Counsel Date
Contract No.: DMS 250-000-09-1 Page 3
Amendment No.1
Addition of Lease Provisions
to
State Term Contract No. 250-000-9-1
THIS AMENDMENT, effective as of the last date signed below, is by and between the State of
Florida Department of Management Services (the "Department") and the entity identified below
as Contractor (the "Contractor"), collectively referred to as the "Parties", and amends State
Term Contract No. 250-000-09-1 (the "Contract").
WHEREAS the Department awarded the above-referenced Contract to multiple vendors for the
provisioning of IT Hardware, Network Infrastructure; and
WHEREAS the Department desires to modify the terms of the Contract to enable state agencies
and eligible users to enter into leasing agreements that contain terms reviewed and approved by
the Department of Financial Services; and
WHEREAS Contractor desires to continue providing equipment, maintenance, accessories, and
services under the Contract as hereby amended.
NOW THEREFORE, in consideration of the mutual promises contained below and other
valuable consideration, receipt and sufficiency of which are hereby acknowledged, the Parties
agree as follows:
Agencies may lease equipment through alternative financing arrangements other than CEFP.
This option is governed by § 287.063 and 287.064, Florida States; Rule 691-3, Florida
Administrative Code; and Comptroller Memorandums 10 (1992-93),13 (1985-86),04 (1995-96),
and 07 (1995-96). The Department of Financial Services (DFS) Finance and Leasing Section
will review proposed leases to determine compliance with all requirements and to ensure leases
are economical and cost effective. The Contractor and Customer (working together) will be
required to complete and submit to DFS the "Application to Lease Equipment (DFS-A 1-411)" for
any lease valued at $25,000 or more. A copy of the form may be found on the DFS website:
hllP.J/www.myfI9ridacfo.com/aadWstatewi9..?_financial r.§m9J:1:ing/Jinanc it19.,..htr::o.
Each piece of equipment or service offered on STC # 250-000-09-1 shall be available for lease.
The customer is authorized to enter into a lease agreement for equipment by issuance of a
purchase order referencing this contract number and that incorporates the manufacturer's lease
terms and conditions as approved by DFS.
AGREED AND ACCEPTED:
CONTRACTOR NAME: __________ _
Street Address or P.O. Box:
City, State, Zip:
By:. __ =-:-----:-____________ _
Signature
Title: _______________ _
Date: _______________ _
State of Florida
Dept. of Management Services:
4050 Esplanade Way; Tallahassee, FL 32399
By: _---:-:--:---:-:--::---:---::-_______ _
Linda H. South, Secretary
Date: ______________ _
Approved as to form and legality by the
Department General Counsel's Office:
By: ______________ _
Date: ______________ _
CONTRACT
This Contract, effective the last date signed below, is by and between the State of Florida,
Department of Management Services ("Department"), an agency of the State of Florida with offices at
4050 Esplanade Way, Tallahassee, Florida 32399-0950, and the entity identified below as Contractor
("Contractor") .
The Contractor responded to the Department's Invitation to Negotiate (ITN) No 17-250-000-Y
for IT Hardware: Networking Infrastructure. The Department has determined to accept the Contractor's
bid and to enter into this Contract in accordance with the terms and conditions of the solicitation. The
specific products awarded to Contractor, and the maximum rates Contractor may charge Eligible
Customers, are identified on the attached Price Sheets.
Accordingly, and in consideration of the mutual promises contained in the Contract documents,
the Department and the Contractor do hereby enter into this Contract, which is a state term contract
authorized by section 287.042(2)(a) Florida Statutes. The term of the Contract is a three year period. The
Contract consists of the following documents, which, in case of conflict, shall have priority in the order
listed, and are hereby incorporated as if fully set forth:
• Any written amendments to the Contract
• This document, including Price Sheets, approved Product Updates, etc.
• Certification Letter Dated Aug. 7,2008
• Contractor's bid, ITN Addendums, Amendments, Negotiation Sessions
• Technical Specifications
• Special Instructions
• Special Conditions
• General Instruction to Respondents (PUR 1001)
• General Contract Conditions (PUR 1000)
State of Florida; Department of Management Services
By: Linda H. South, Secretary Date
Contractor Name: ____________ _ (Seal)
Street Address or P.O. Box: ________ _
City, State, Zip: ___________ _
Company:
By: Date
Title
Approved as to form and legality
by the Department General Counsel's Office:
INVITATION TO NEGOTIATE
(ITN)
FOR
IT HARDWARE
NETWORKING INFRASTRUCTURE
ITN No. 17 -250-000-Y
ITN ISSUE DATE: 5-6-2008
ELECTRONIC RESPONSES DUE: 6-19-2008 By 2:00PM EASTERN TIME
REFER ALL INQUIRES TO:
MARK Foss
PURCHASING ANALYST
DIVISION OF STATE PURCHASING
BUREAU OF TECHNOLOGY PURCHASING
DEPARTMENT OF MANAGEMENT SERVICES
4050 ESPLANADE WAY, SUITE 360
TALLAHASSEE, FL 32399
Contract No.: DMS 250-000-09-1 Page 6
1.0 INTRODUCTION
1.1 PURPOSE.
1.2 OVERVIEW
1.3 CONTACT
1.4 LOBBYI NG
1.5 EVENT TIMELINE
Contract No.: DMS 250-000-09-1 Page 7
The State of Florida, Department of Management Services, Division of State Purchasing invites
qualified Respondents to submit proposals in accordance with these solicitation documents.
1.1 Purpose.
This ITN shall establish a procurement vehicle for the purchase of "best-in-class" equipment
(Le., the best value IT equipment and related services while maintaining or exceeding
current service and quality levels) for all State authorized purchasers.
The purpose of this solicitation is to establish a thirty-six (36) month State Term Contract for
the purchase of Information Technology Hardware in the following listed categories:
Category Description
1 Servers, Terminals, ThinClients
2 LAN / WAN Infrastructure Equipment
3 Firewalls, VPNs
4 Storage, Tape, Virtual Tape Infrastructure
5 UPS, Surge Suppression, Batteries
The contract term is anticipated to begin prior to August 1, 2008. The State's
MyFloridaMarketPlace eProcurement system (the "MFMP System", "MFMP") will be used to
conduct this competitive event. The estimated annual spend on this contract is in excess of
$105 million. This estimate is supplied as a guide for preparing responses and should not
be construed as representing actual sales, nor a guarantee to the awardee(s).
The State intends that the awarded respondent(s) in each Category shall furnish quality
Information Technology (IT) products and related services at the lowest price available, in a
timely, and efficient manner. Inside delivery locations will be Statewide, from border to
border. Purchases from this Contract will be made by both State Agencies and Other Eligible
Users (OEUs).
Items excluded from this ITN and any contract resulting from this ITN are:
• Telephony Equipment
• PCs, Laptops, Monitors, and Printers (Production / Workstation)
• Other office technology equipment (copiers, radios, facsimile machines, calculators,
paper shredders, typewriters, scanners, multifunctional devices etc.)
• IT professional and consulting services (except training included with purchase)
• IT application and database software (unless it is integral to the operation of the
equipment to be purchased and included at no additional charge).
1.2 Overview
Respondents may submit responses to more than one category.
State Agencies and Others Eligible Users (OEUs) will have the opportunity to purchase
items from a category, and purchase upgrades or downgrades based on options upon which
respondents have quoted within that category. For example, if there is an Eligible Users who
is purchasing an item within the Server Category for "Blades", but he/she needs a larger
hard drive, that user would purchase the item (listed in that category) and select from various
Contract No.: DMS 250-000-09-1 Page 8
.. upgrade options" for the hard drive. The "optional upgrade" would be purchased using the
price discounts quoted in the "Pricing Spreadsheets" in Attachment 1.
The State anticipates that the majority of purchases will fall within the scope of these five (5)
categories as well as through selected equipment I service options that fall within each
category
As technology changes, the State expects to update the products within the categories
periodically. We estimate that this may take place approximately every six (6) months to
twelve (12) months. The awarded respondent(s) will be expected to support this effort and to
maintain consistent price discounts on any new or replacement equipment throughout the
life of the contract. If, in the opinion of the State, discount levels are not maintained (as
original or better), the State, at its sole discretion, may terminate the Agreement with the
Awardee.
1.3 Contact.
The Procurement Official at the State of Florida, Department of Management Services -
Division of State Purchasing is listed below. All inquiries and questions must be directed to
only this person, unless otherwise identified in this ITN or changed by addendum to this ITN.
Oral communications directly with department officers and employees concerning this ITN
are prohibited. Respondents should only rely on written statements issued by the
Procurement Official.
The primary contact for this solicitation is:
Mark Foss
Lead Purchasing Analyst, IT Technology Team
Department of Management Services
4050 Esplanade Way, Suite 360
Tallahassee, FL 32399-0950
Mark.foss@dms.myflorida.com
1.4 Lobbying
In accordance with Section 216.347, Florida Statutes, and as provided herein, the
Manufacturer (Contractor) may not lobby this Department, the legislature, the executive
branch, or any other State Agency relating to any aspect of this ITN during the procurement
process. Violation of this restriction can be cause for disqualification from the procurement
process.
Contract No.: DMS 250-000-09-1 Page 9
1.5 Event Timeline.
The following timeline applies to this solicitation:
Event Time (EDT) Date
ITN Release 2:00 PM 6-May-08
MyFloridaMarketPlace (MFMP) Training 2:00 PM 8-May-08
(Not Mandatory)
Pre-Bid Conference (Not Mandatory)
Room 152, Betty Easley Conference Center 2:00 PM 14-May-08
4075 Esplanade Way,
Tallahassee, FL 32399
Deadline for Questions Submitted via the 2:00 PM 20-May-08
Q&A Board within MyFloridaMarketPlace
Answers to Respondents Questions Posted 2:00 PM 29-May-08
ITN Submission Deadline 2:00 PM 19-Jun-08
Evaluation June 19 thru July 7 -08
Evaluation ScorinQ Session 2:00 PM 7-Jul-08
Electronic Posting of Promotion to Stage 2 2:00 PM 8-Jul-08
(Pricing and Negotiation)
Final Pricing and Negotiation (if required) July 8 thru July 22-08
PostinQ of Intent to Award 2:00 PM 22-Jul-08
Contract Start Date 1-Aug-08
DO NOT RELY ON THE MYFLORIDAMARKETPLACE SOURCING TOOL'S TIME
REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL
BE AS REFLECTED IN THE TABLE ON THIS PAGE.
The MyFloridaMarketPlace (MFMP) Sourcing Tool's time remaining clock is NOT the official
submission date and time deadline, it is intended only to approximate the solicitation closing and
may require periodic adjustments.
IT IS STRONGLY RECOMMENDED THAT YOU SUBMIT YOUR BID AS EARLY
AS POSSIBLE. YOU SHOULD ALLOW TIME TO RECEIVE ANY REQUESTED
ASSISTANCE AND TO RECEIVE VERIFICATION OF YOUR SUBMITTAL;
WAITING UNTIL THE LAST HOURS OF THE SOLICITATION COULD IMPACT
THE TIMELY SUBMITTAL OF YOUR BID.
Contract No.: DMS 250-000-09-1 Page 10
2.0 GENERAL INSTRUCTIONS TO RESPONDENTS, PUR 1001
2.1 DEFINITIONS
2.2 GENERAL INSTRUCTIONS
2.3 ELECTRONIC SUBMISSION OF RESPONSES
2.4 TERMS AND CONDITIONS
2.5 QUESTIONS
2.6 CONFLICT OF INTEREST
2.7 CONVICTED VENDORS
2.8 DISCRIMINATORY VENDORS
2.9 RESPONDENTS REPRESENTATION AND AUTHORIZATIONS
2.10 MANUFACTURER'S NAME AND APPROVED EQUIVALENTS
2.11 PERFORMANCE QUALIFICATIONS
2.12 PUBLIC OPENING
2.13 ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD
2.14 FIRM RESPONSE
2.15 CLARIFICATIONS I REVISIONS
2.16 MINOR IRREGULARITIES I RIGHT TO REJECT
2.17 CONTRACT FORMATION
2.18 CONTRACT OVERLAP
2.19 PUBLIC RECORDS
2.20 PROTESTS
2.21 LIMITATIONS ON VENDOR CONTACT DURING SOLICITATION PERIOD
Contract No.: DMS 250-000-09-1 Page II
2.1 Definitions.
The definitions found in s. 60A-1.001, F .A.C. shall apply to this agreement. The following
additional terms are also defined:
a. "Buyer" means the entity that has released the solicitation. The "Buyer" may also be
the "Customer" as defined in the PUR 1000 if that entity meets the definition of both
terms.
b. "Procurement Officer" means the Buyer's contracting personnel, as identified in the
Introductory Materials.
c. "Respondent" means the entity that submits materials to the Buyer in accordance
with these Instructions.
d. "Response" means the material submitted by the respondent in answering the
solicitation.
e. "Timeline" means the list of critical dates and actions included in the Introductory
Materials.
2.2 General Instructions.
Potential respondents to the solicitation are encouraged to carefully review all the materials
contained herein and prepare responses accordingly.
2.3 Electronic Submission of Responses.
Respondents are required to submit responses electronically. For this purpose, all
references herein to signatures, signing requirements, or other required acknowledgments
hereby include electronic signature by means of clicking the "Submit Response" button (or
other similar symbol or process) attached to or logically associated with the response
created by the respondent within MyFloridaMarketPlace. The respondent agrees that the
action of electronically submitting its response constitutes:
• an electronic signature on the response, generally;
• an electronic signature on any form or section specifically calling for a signature; and
• an affirmative agreement to any statement contained in the solicitation that requires a
definite confirmation or acknowledgement.
2.4 Terms and Conditions.
All responses are subject to the terms of the following sections of this solicitation, which, in
case of conflict, shall have the order of precedence listed:
• Technical Specifications
• Special Conditions and Instructions
• Instructions to Respondents (PUR 1001)
• General Conditions (PUR 1000) and
• Introductory Materials
The Buyer objects to and shall not consider any additional terms or conditions submitted by
a respondent, including any appearing in documents attached as part of a respondent's
response. In submitting its response, a respondent agrees that any additional terms or
conditions, whether submitted intentionally or inadvertently, shall have no force or effect.
Failure to comply with terms and conditions, including those specifying information that must
be submitted with a response, shall be grounds for rejecting a response.
Contract No.: DMS 250-000-09-1 Page 12
2.5 Questions.
Respondents shall address all questions regarding this solicitation to the Procurement
Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and
must be RECEIVED NO LATER THAN the time and date reflected on the Timeline.
Questions shall be answered in accordance with the Timeline. All questions submitted shall
be published and answered in a manner that all respondents will be able to view.
Respondents shall not contact any other employee of the Buyer or the State for information
with respect to this solicitation. Each respondent is responsible for monitoring the
MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound
by any verbal information or by any written information that is not contained within the
solicitation documents or formally noticed and issued by the Buyer's contracting personnel.
Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal
protest of the specifications or of the solicitation, a process addressed in paragraph 2.19 of
these Instructions.
2.6 Conflict of Interest.
This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose
with their response the name of any officer, director, employee or other agent who is also an
employee of the State. Respondents shall also disclose the name of any State employee
who owns, directly or indirectly, an interest of five percent (5%) or more in the respondent or
its affiliates.
2.7 Convicted Vendors.
A person or affiliate placed on the convicted vendor list following a conviction for a public
entity crime is prohibited from doing any of the following for a period of 36 months from the
date of being placed on the convicted vendor list:
• submitting a bid on a contract to provide any goods or services to a public entity;
• submitting a bid on a contract with a public entity for the construction or repair of a
public building or public work;
• submitting bids on leases of real property to a public entity;
• being awarded or performing work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and
• transacting business with any public entity in excess of the Category Two threshold
amount ($25,000) provided in section 287.017 of the Florida Statutes.
2.8 Discriminatory Vendors.
An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of
the Florida Statutes may not:
• submit a bid on a contract to provide any goods or services to a public entity;
• submit a bid on a contract with a public entity for the construction or repair of a public
building or public work;
• submit bids on leases of real property to a public entity;
• be awarded or perform work as a contractor, supplier, sub-contractor, or consultant
under a contract with any public entity; or
• transact business with any public entity.
2.9 Respondent's Representation and Authorization.
In submitting a response, each respondent understands, represents, and acknowledges the
following (if the respondent cannot so certify to any of following, the respondent shall submit
with its response a written explanation of why it cannot do so).
Contract No.: DMS 250-000-09-1 Page 13
a. The respondent is not currently under suspension or debarment by the State or any
other governmental authority.
b. To the best of the knowledge of the person signing the response, the respondent, its
affiliates, subsidiaries, directors, officers, and employees are not currently under
investigation by any governmental authority and have not in the last ten (10) years
been convicted or found liable for any act prohibited by law in any jurisdiction,
involving conspiracy or collusion with respect to bidding on any public contract.
c. Respondent currently has no delinquent obligations to the State, including a claim by
the State for liquidated damages under any other contract.
d. The submission is made in good faith and not pursuant to any agreement or
discussion with, or inducement from, any firm or person to submit a complementary
or other noncompetitive response.
e. The prices and amounts have been arrived at independently and without
consultation, communication, or agreement with any other respondent or potential
respondent; neither the prices nor amounts, actual or approximate, have been
disclosed to any respondent or potential respondent, and they will not be disclosed
before the solicitation opening.
f. The respondent has fully informed the Buyer in writing of all convictions of the firm,
its affiliates (as defined in section 287.133(1) (a) of the Florida Statutes), and all
directors, officers, and employees of the firm and its affiliates for violation of state or
federal antitrust laws with respect to a public contract for violation of any state or
federal law involving fraud, bribery, collusion, conspiracy or material
misrepresentation with respect to a public contract. This includes disclosure of the
names of current employees who were convicted of contract crimes while in the
employ of another company.
g. Neither the respondent nor any person associated with it in the capacity of owner,
partner, director, officer, principal, investigator, project director, manager, auditor, or
position involving the administration of federal funds:
i. Has within the preceding three years been convicted of or had a civil
judgment rendered against them or is presently indicted for or otherwise
criminally or civilly charged for: commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a federal, state,
or local government transaction or public contract; violation of federal or state
antitrust statutes; or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving
stolen property; or
ii. Has within a three-year period preceding this certification had one or more
federal, state, or local government contracts terminated for cause or default.
h. The product offered by the respondent will conform to the specifications without
exception.
i. The respondent has read and understands the Contract terms and conditions, and
the submission is made in conformance with those terms and conditions.
j. If an award is made to the respondent, the respondent agrees that it intends to be
legally bound to the Contract that is formed with the State.
k. The respondent has made a diligent inquiry of its employees and agents responsible
for preparing, approving, or submitting the response, and has been advised by each
of them that he or she has not participated in any communication, consultation,
discussion, agreement, collusion, act or other conduct inconsistent with any of the
statements and representations made in the response.
Contract No.: DMS 250-000-09-1 Page 14
I. The respondent shall indemnify, defend, and hold harmless the Buyer and its
employees against any cost, damage, or expense which may be incurred or be
caused by any error in the respondent's preparation of its bid.
m. All information provided by, and representations made by, the respondent are
material and important and will be relied upon by the Buyer in awarding the Contract.
Any misstatement shall be treated as fraudulent concealment from the Buyer of the
true facts relating to submission of the bid. A misrepresentation shall be punishable
under law, including, but not limited to, Chapter 817 of the Florida Statutes.
2.10 Manufacturer's Name and Approved Equivalents.
Unless otherwise specified, any manufacturers' names, trade names, brand names,
information or catalog numbers listed in a specification are descriptive, not restrictive. With
the Buyer's prior approval, the Contractor may provide any product that meets or exceeds
the applicable specifications. The Contractor shall demonstrate comparability, including
appropriate catalog materials, literature, specifications, test data, etc. The Buyer shall
determine in its sole discretion whether a product is acceptable as an equivalent.
2.11 Performance Qualifications.
The Buyer reserves the right to investigate or inspect at any time whether the product,
qualifications, or facilities offered by Respondent meet the Contract requirements.
Respondent shall at all times during the Contract term remain responsive and responsible.
In determining Respondent's responsibility as a vendor, the agency shall consider all
information or evidence which is gathered or comes to the attention of the agency which
demonstrates the Respondent's capability to fully satisfy the requirements of the solicitation
and the contract.
Respondent must be prepared, if requested by the Buyer, to present evidence of experience,
ability, and financial standing, as well as a statement as to plant, machinery, and capacity of
the respondent for the production, distribution, and servicing of the product bid. If the Buyer
determines that the conditions of the solicitation documents are not complied with, or that
the product proposed to be furnished does not meet the specified requirements, or that the
qualifications, financial standing, or facilities are not satisfactory, or that performance is
untimely, the Buyer may reject the response or terminate the Contract. Respondent may be
disqualified from receiving awards if respondent, or anyone in respondent's employment,
has previously failed to perform satisfactorily in connection with public bidding or contracts.
This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an
investigation either before or after award of the Contract, but should the Buyer elect to do so,
respondent is not relieved from fulfilling all Contract requirements.
2.12 Public Opening.
Responses shall be opened on the date and at the location indicated on the Timeline.
Respondents may, but are not required to, attend. The Buyer may choose not to announce
prices or release other materials pursuant to s. 119.071 (1) (b), Florida Statutes. Any person
requiring a special accommodation because of a disability should contact the Procurement
Officer at least five (5) workdays prior to the solicitation opening. If you are hearing or
speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955-
8771 (TDD).
2.13 Electronic Posting of Notice of Intended Award.
Based on the evaluation, on the date indicated on the Timeline the Buyer shall electronically
post a notice of intended award at b!1l2j1iG-".L~1~tt~lJJJ~LQ\~'-~LJ(Q.§LQY\LCl.!.Y!2~1\O!Y.W-,-l:m~JrLln?JJ1.l.'
Contract No.: DMS 250-000-09-1 Page 15
If the notice of award is delayed, in lieu of posting the notice of intended award the Buyer
shall post a notice of the delay and a revised date for posting the notice of intended award.
Any person who is adversely affected by the decision shall file with the Buyer a notice of
protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations
or notices of award by telephone.
2.14 Firm Response.
The Buyer may make an award within sixty (60) days after the date of the opening, during
which period responses shall remain firm and shall not be withdrawn. If award is not made
within sixty (60) days, the response shall remain firm until either the Buyer awards the
Contract or the Buyer receives from the respondent written notice that the response is
withdrawn. Any response that expresses a shorter duration may, in the Buyer's sole
discretion, be accepted or rejected.
2.15 Clarifications/Revisions.
Before award, the Buyer reserves the right to seek clarifications or request any information
deemed necessary for proper evaluation of submissions from all respondents deemed
eligible for Contract award. Failure to provide requested information may result in rejection of
the response.
2.16 Minor Irregularities/Right to Reject.
The Buyer reserves the right to accept or reject any and all bids, or separable portions
thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines
that doing so will serve the State's best interests. The Buyer may reject any response not
submitted in the manner specified by the solicitation documents.
2.17 Contract Formation.
The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no
contract shall be formed between respondent and the Buyer until the Buyer signs the
Contract. The Buyer shall not be liable for any costs incurred by a respondent in preparing
or producing its response or for any work performed before the Contract is effective.
2.18 Contract Overlap.
Respondents shall identify any products covered by this solicitation that they are currently
authorized to furnish under any state term contract. By entering into the Contract, a
Contractor authorizes the Buyer to eliminate duplication between agreements in the manner
the Buyer deems to be in its best interest.
2.19 Public Records.
Article 1, Section 24, Florida Constitution, guarantees every person access to all public
records, and Section 119.011, Florida Statutes, provides a broad definition of public record.
As such, all responses to a competitive solicitation are public records unless exempt by law.
Any respondent claiming that its response contains information that is exempt from the
public records law shall clearly segregate and mark that information and provide the specific
statutory citation for such exemption.
2.20 Protests.
Any protest concerning this solicitation shall be made in accordance with sections 120.57(3)
and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative
Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It
Contract No.: DMS 250-000-09-1 Page 16
is the Buyer's intent to ensure that specifications are written to obtain the best value for the
State and that specifications are written to ensure competitiveness, fairness, necessity and
reasonableness in the solicitation process.
Section 120.57(3) (b), F.S. and Section 28-110.003, Fla. Admin. Code requires that a notice
of protest of the solicitation documents shall be made within seventy-two hours after the
posting of the solicitation.
Section 120.57(3) (a), F.S. requires the following statement to be included in the solicitation:
"Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes,
shall constitute a waiver of proceedings under chapter 120, Florida Statutes."
Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the
solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida
Statutes, or failure to post the bond or other security required by law within the time allowed
for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida
Statutes."
2.21 Limitation on Vendor Contact with Agency During Solicitation Period.
Respondents to this solicitation or persons acting on their behalf may not contact, between
the release of the solicitation and the end of the 72-hour period following the agency posting
the notice of intended award, excluding Saturdays, Sundays, and state holidays, any
employee or officer of the executive or legislative branch concerning any aspect of this
solicitation, except in writing to the procurement officer or as provided in the solicitation
documents. Violation of this provision may be grounds for rejecting a response.
Contract No.: DMS 250-000-09-1 Page 17
3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS
3.1 ADDITIONAL DEFINITIONS
3.2 SOURCING TOOL TRAINING
3.3 SOURCING TOOL TIPS
3.4 EMAIL NOTIFICATION
3.5 ORDER OF PRECEDENCE
3.6 MINIMUM QUALIFICATIONS
3.7 SUBMITTAL OF RESPONSE
3.8 ALTERNATE RESPONSES
3.9 AMENDMENTS TO THE ITN
3.10 INITIAL DETERMINATION OF RESPONSIVNESS
3.11 ORDERING INSTRUCTIONS I CONTACT INFORMATION
3.12 EVALUATION CRITERIA
3.13 BASIS FOR AWARD I PROMOTION
3.14 SPECIAL ACCOMODATION
3.15 ELIGIBLE EQUIPMENT
3.16 TECHNICAL DOCUMENTATION
3.17 ELECTRONIC POSTING OF RANKING OF RESPONDENTS
3.18 NEGOTIATIONS
3.19 STATE OBJECTIVES
Contract No.: DMS 250-000-09-1 Page 18
3.1 Additional Definitions.
The definitions ascribed in Section 2.1 shall apply to this Section. As used in this Section,
the following terms shall have the meaning ascribed below:
a. "Authorized Dealer" means an agent/reseller/dealer/subcontractor authorized by the
Manufacturer, in writing, to provide equipment and/or services under the DIRECT
SUPERVISION of the Manufacturer.
b. "Customer" means the State agency or Other Eligible User (OEU) that can order
products or subscribe to services from this Contract.
c. "Initial Pricing" means the pricing spreadsheet(s) in Attachment 1 that shall be
submitted by the Respondent into the MFMP Sourcing Tool (see definition below)
along with the original proposal submission. These spreadsheets shall contain all of
the MSRP prices for EACH ITEM WITHIN A CATEGORY proposed by the
Respondent; along with a discount percent (%) that will apply to items (product or
service) within that proposed configuration and show a final "State of Florida Price"
per item.
d. "Green Products" are environmentally preferable products that meet one or more of
the green labels / standards approved by the State of Florida (refer to
http://d ms. rrWfIQf1gg&QlT1/Ql!~L nes~L~PJ~I9Jioflsjstate_J2u rGbasi IJg/j£~nd~Lj nfQLOlClUQDi
§.t91~"_~Q[l1fl1ct~L.99L~_~m5~m~ __ Cl n d J>!iGsL I ists/flQri d <L(::JLrD1~1~_"":frjJ?m:lbLQfQ9lJQ.t~Jt§J
for a listing of the State of Florida approved green labels / standards (e.g., Energy
Star, EPEAT, Green Seal) that can be used to identify green products.
e. "Manufacturer" means the entity that holds the trademark in the identified brand
name.
THROUGHOUT THIS DOCUMENT, THE TERMS MANUFACTURER,
RESPONDENT, AND CONTRACTOR, MAY BE INTERCHANGED.
f. "Manufacturer's Suggested Retail Price" (MSRP) means the most recently published
undiscounted price. This "retail" (list) price is available to the "average" customer
from the manufacturer. This price is normally shown on the vendor's website
routinely accessed by the general public.
3.2 Sourcing Tool Training
This solicitation will be conducted using the MyFloridaMarketPlace Sourcing Tool ("Sourcing
Tool"). Training materials can be found at:
htill://marketplace.c.IIIyfJ9rig9-'-.GpmLYJtndor/j£enQ.QL solicitatio!Lll~lpJltm.
Copy link and paste in to web browser to access site!
Download and review the document titled RFP Event User Guide.
a. For all technical questions about the Sourcing Tool, vendors should contact the
MyFloridaMarketPlace Customer Service Desk at (866) FLA-EPRO or
~_ndQlheJQ@mYfloridSlJJ1ar!s~la~~-,,-<::Qm.
b. For additional information / assistance on using the Sourcing Tool, please visit the
MyFloridaMarketPlace website at following link:
ht1ps://IJ1_art~1I2l~t~ELIDYflQrid9.com/vendor/vendor_solicitation h~htm".
Contract No.: DMS 250-000-09-1 Page 19
This site includes:
a. Solicitation User Guides
b. OnDemand web-based Sourcing Tool training link
c. WinZip FAQs
d. Vendor FAQs
3.2.1 MFMP Sourcing Tool Training for Respondents
An optional conference call training session on how to use the MyFloridaMarketPlace
Sourcing Tool for this ITN is scheduled on the date indicated on the Timeline at 2:00PM
EST. The Conference Call number is (888) 808-6959. Conference Code 4881086.
Please go to:
bJ1p~LLrI:t9r1s~1Q1..~1ge . my.fLQIt(t~&gIJ1J.Y.~l1d 0 rj..Y~IlQQL SQ I i citatio III rfR._ev~.llLuse rJJ1ll9~ .. J)P~
and review the vendor training link and download the document titled Contractor
Training_ITN.ppt. Please have this document open on your desktop while participating
on the call. To participate in the conference call, please call in to the number provided
approximately 1 minute before the scheduled time.
Additionally, an On-Demand web-based interactive training application to learn how to
respond to an event using the MyFloridaMarketPlace sourcing tool is also available. This
is another vehicle to receive training on how to use MyFloridaMarketPlace Sourcing tool
if you cannot make the Optional training conference call or want additional guidance. The
link isO.lli2:.LLll1arketplaC;;QJI1yflorJQ§..,.Qom/venQPJi'Jen_(;:Lor traii]jng.:..OJm click on Responding
to Sourcing Event.
3.3 Sourcing Tool Tips
When working in the Sourcing Tool, be aware of the thirty (30) minute time-out function (with a
two (2) minute warning in the tool. This means that you should save your work (click the SAVE
button) at intervals of less than twenty minutes to ensure your entries (since last saved) are
not lost.
Please note that clicking the SAVE button within the Sourcing Tool only saves your bid
responses. The SAVE button does not transmit your bid response to the State. In order to
transmit your bid response to the State, you must click the SUBMIT button on the
SUMMARY page of the bid response.
After clicking the SUBMIT button, it is your responsibility to check your submitted bid
response within the Sourcing Tool to verify that your response is accurately and completely
captured within the Sourcing Tool. You must do this while there is time remaining in the
response period in case you discover an error and need to resubmit a revised bid response.
To validate your bid response, you should do the following before the bidding period ends:
a. Go to the "My Bids I My Responses" tab within Sourcing Tool after you submitted
your bid response
b. Click on the Bid ID number of your last submitted bid response
c. Review entire bid response to make sure all responses are complete, accurate and
as you intended to submit.
Minimum areas to check are:
Contract No.: DMS 250-000-09-1 Page 20
../ Text boxes -Is your entire answer viewable?
../ Yes/No questions -Is the displayed answer correct?
../ All uploaded document files / scanned documents -Can you open attached
document and clearly view entire content?
../ Offline electronic backup copy sent to the State (if applicable) -Can you open
attached document and clearly view entire content? Does content of this file match
your bid response within the tool (e.g., not an earlier version or working copy)?
../ Pricing Information -Are all prices you intended to submit visible and accurately
captured within Sourcing Tool?
IT IS STRONGLY RECOMMENDED THAT YOU SUBMiT YOUR BID AS EARLY
AS POSSIBLE. YOU SHOULD ALLOW TIME TO RECEIVE ANY REQUESTED
ASSISTANCE AND TO RECEIVE VERIFICATION OF YOUR SUBMITTAL;
WAiTING UNTIL THE LAST HOURS OF THE SOLICITATION COULD IMPACT
THE TIMELY SUBMITTAL OF YOUR BID.
DO NOT RELY ON THE "MYFLORIDAMARKETPLACE" SOURCING TOOL'S
TIME REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME
SHALL BE AS REFLECTED IN THE TIMELINE (SECTION 1.5) OF THIS ITN.
The MyFloridaMarketPlace (MFMP) Sourcing Tool's time remaining clock is NOT the official
submission date and time deadline, it is intended only to approximate the solicitation closing and
may require periodic adjustments
3.4 Email Notification
Respondents are reminded that the Sourcing Tool's email notifications are an option
provided to respondents as a courtesy. The State of Florida is not under any obligation to
provide, and does not guarantee that respondents will receive, email notifications concerning
any posting, amendment or close of solicitations (ITNs).
Vendors are responsible to check the Sourcing Tool and f or the Vendor Bid System 'for
information and updates concerning solicitations.
3.5 Order of Precedence
Qualified Respondents to this solicitation are encouraged to carefully review all materials
contained herein and prepare responses accordingly.
All responses are subject to the terms of the following sections of this ITN, which, in case of
conflict, shall have the order of precedence listed:
a. Technical Specifications
b. Pricing Worksheets
c. Special Instructions to Respondents
d. Special Contract Conditions
e. General Instructions to Respondents (PUR 1001)
f. General Contract Conditions (PUR 1000)
g. Introduction
h. Attachments / Forms
3.6 Minimum Qualifications to Respond
Contract No.: DMS 250-000-09-1 Page 21
The Department will accept Responses from responsible vendors that are in good standing
with the State of Florida, meet the technical specifications, possess E-Rate eligibility where
applicable; and possess the financial capability, experience, and personnel resources to
provide equipment and services of the scope and breadth described in this ITN.
Respondents not meeting the minimum qualifications below will be deemed non-responsive
and will not be considered for promotion (advancement) to Stage Two of the evaluation, or
any subsequent contract award.
To be minimally qualified:
a. The equipment proposed shall be an "Eligible Brand" as noted in each category /
subcategory. "Eligible Brands" are those recognized by Gartner Group as technology
leaders and are listed (by Gartner) in their "Magic Quadrants", Server (Scorecard)
Evaluation Models (SEMs), or "MarketScopes" research documents.
b. The Respondent must be fully capable of Electronic Invoicing through
MyFloridaMarketPlace. See Attachment 2 -MyFloridaMarketPlace Electronic
Invoicing Requirements for details.
3.6.1 E-Rate
All Responses shall contain the E-rate provider identification number and provide
evidence the Respondent is eligible within the Universal Service Fund (USF) program in
order to sell E-Rate eligible equipment (where applicable). Respondents are required to
take all appropriate action to maintain their eligibility as a provider within the USF
program. (See HTTP://www.u!1lveIP..9J~~IYlcE)-,.9.lg.) The Contractor shall assist the State
with expertise on rules and processes related to Universal Service matters. The State
will not hold Respondents responsible for a lapse of eligibility if there are circumstances
beyond the Respondent's reasonable control. Respondents shall submit draft language
accepting liability equivalent to the State's actual loss (liquidated damages) if their USF
ineligibility is due to circumstances within their reasonable control. In the negotiation
phase of this ITN, the Respondent will be required to certify acceptance of these
liquidated damages in the event they become ineligible as a USF provider.
3.7 Submittal of Response
Respondents shall submit their response (including initial pricing sheets) electronically via
the Sourcing Tool. Pricing Spreadsheets are provided in Attachment 1 of this ITN.
3.7.1 Response Format I Instructions
A Respondent shall, in a separate and clearly identified response paragraph(s),
expressly condition or qualify its Response on acceptance or identify any proposed
changes to the terms and conditions outlined in this ITN. To facilitate this process, the
Respondent is required to review Sections 3, 5, and 6 on a provision by provision basis.
The Respondent shall respond in these sections by inserting their response immediately
below the text of each numbered provision and respond to each provision with one of the
following conventions:
a. Agreed
Where the term is acceptable as stated.
b. Modification Proposed
Contract No.: DMS 250-000-09-1 Page 22
Where Respondent is unable to accept the term as stated but will accept a
modification of the term. Respondent must provide: (1) the reason for its inability to
accept the term as stated, and (2) modified language which would be acceptable.
c. Not Agreed
Where the term is completely unacceptable to Respondent and no modification is
possible. Respondent must state the reason such term is unacceptable.
The Department reserves the right to modify, by addition or deletion, terms and
conditions during the negotiation process.
Respondents are reminded that the terms and conditions listed in Sections 2 and 4
will not be negotiated and are required language for all State of Florida Contracts.
CERTIFICATION OF ACCEPTANCE FOR THE TERMS AND CONDITIONS
DETAILED iN SECTIONS 2 AND 4 IS TO BE DONE WITHIN THE TABLE IN
SECTION 3.10 OF THiS iTN.
3.7.2 Responses to Technical Specifications
1. Respondents are not required to respond to each and every "Category". In fact, the
State expects that Respondents may choose to submit proposals and pricing for only
one category. A Respondent may submit a proposal for as many categories as
desired, provided they meet the minimum qualifications detailed for each category.
2. Within Section 6.0, the Respondent shall clearly state and justify any Exceptions,
Exclusions & Assumptions (EEA), if any, under each numbered section. If there are
no EEAs, then a statement shall be made to that effect. As an example, if there is an
exception to Section 6.3.4 (MAINTENANCE SERVICE REPORTS), it must be so
stated under the numbered Section (6.3.4) with a short description of the EEA taken.
3.7.3 Pricing and Equipment List Worksheet Instructions
Respondents shall complete each tab within the pricing workbooks for each Category
(or sub-category) they are proposing. All unit cost fields shall be populated for each
item, category or sub-category submitted.
On the worksheets, the Respondent shall enter a List Price, (MSRP) for each of the
items they wish to offer to the State. They shall then identify a discount % (off of the
MSRP) for each of the items they propose. A final State of Florida price will be
calculated by the Pricing Spreadsheet. (THE FINAL DISCOUNT PERCENT [%] FOR
EACH ITEM OR SERVICE PURCHASED WILL APPLY FOR THE LENGTH OF
CONTRACT.)
DO NOT RELY ON THE MYFLORiDAMARKETPlACE SOURCING TOOL'S
TIME REMAINING CLOCK. THE OFFICiAL SOLICITATION CLOSING
TIME SHALL BE AS REFLECTED IN SECTION 1.5, TIMEUNE.
3.8 Alternate Responses
Only one response may be submitted for each Respondent. The Respondent may bid on
multiple categories or sub-categories in which they provide an "Eligible Brand". The
Department seeks each respondent's single-best response for EACH CATEGORY (or sub-
category) proposed.
3.9 Amendments to the ITN
Contract No.: DMS 250-000-09-1 Page 23
The Department reserves the right to issue amendments to this ITN. Notice of any
amendment will be posted within MyFloridaMarketPlace (MFMP) and the Vendor Bid
System (VBS). Such notice will contain the appropriate details for identifying and/or
reviewing the formal changes. Each respondent is responsible for monitoring these sites
for new or changing information concerning this solicitation.
3.10 Initial Determination of Responsiveness
The Department shall evaluate eligible ("responsible and responsive") responses.
Responses that do not meet the minimum requirements of this solicitation; or fail to provide
all required information, documents, or materials may be rejected as non-responsive.
Respondents whose responses, past performance, or current status with the State do not
reflect the capability, integrity or reliability to fully, and in good faith, perform the
requirements of the Contract, may be rejected as non-responsible. The Department
reserves the right to determine which responses meet the requirements of this solicitation,
and which Respondents are responsive and responsible. This paragraph is in addition to,
and shall not be construed to limit or override, any right or remedy available to the
Department in, Section 2.0, PUR 1001, or Section 4.0 PUR 1000.
Failure to comply with and acknowledge each of the requirements listed below may result
in the response being deemed non-responsive and therefore the response may not receive
further consideration in this ITN process.
Please certify that your Response conforms to each of the following requirements by
responding with either a "Ves" or "No" in the blocks and submit the completed WORD
Document in the MyFloridaMarketPlace Sourcing Tool.
Certifications
YES
1. Does the Respondent certify acceptance and compliance with all of the Terms
and Conditions detailed in Section 2 (PUR1 001) of the ITN document?
2. Does the Respondent certify acceptance and compliance with all of the Terms
and Conditions detailed in Section 4 (PUR1000) of the ITN document?
3. Has the Respondent completed all pricing worksheets with the requirements
and instructions as dictated by Section 6.0 of the ITN document?
4. Has the Respondent certified its placement as an "Eligible Brand" for each
Category submitted as detailed in Section 6 of the ITN Document?
5. Has Respondent submitted a Dunn and Bradstreet Supplier Qualifier Report
per 3.12.2 (Financial Status)?
6. Does the Respondent certify compliance with the "General Requirements",
and "Standard Support Levels" listed in Section 6.2 for each Category submitted
for bid?
7 .. Does the Respondent certify that it will provide "Optional Support" as listed
in Section 6.2.2 for each Category submitted for bid?
8. Does the Respondent certify that itwill accept the State's Purchasing Card
(Visa) if presented for payment by an Agency or Other Eligible User?
9. Does the Respondent certify that the minimum discounts submitted for each
Category will apply for the length of the contract?
10. Does the Respondent certify that they have included their E-rate provider
identification number and will continue to provide evidence that they will remain
eligible within the USF program as detailed in Section 3.6.1 if applicable?
NO
Contract No.: DMS 250-000-09-1 Page 24
3.11 Ordering Instructions I Contact Information
On the Ordering Instructions Form (Attachment 3) of this ITN, respondents shall identify
the person(s) responsible for answering questions about equipment, pricing and ordering
procedures. In addition, they should identify the individual responsible for administration of
the Contract.
3.12 Evaluation Criteria
The Department shall review all responses to ensure responsiveness per Section 3.10
(above). Responses that are determined to be "responsible and responsive" by the
Department will then be evaluated and scored.
The list below represents the areas in which the eligible Responses will be evaluated and
the associated maximum number of percentage points obtainable in each area.
a. Technical 40 pts
b. Financial Status 10 pts
c. Pricing 50 pts
These areas will be scored with each Response having the opportunity to achieve the
maximum total point allocation for the respective category. The final total scores from the
Technical, Financial Status, and References will be added together to determine the final
Stage 1 score.
3.12.1 Technical
Evaluators will independently evaluate and score the responses to the Technical Section
. (6) for each category. The evaluators will use the Evaluation Form (Attachment 4) and
grade each item on a scale of zero (0) to five (5) for each category and sub-category.
The evaluators' scores will then be averaged for each question to arrive at the final score
per question. The average scores will then be summed for each Respondent to arrive at
their final Technical points. Each item of equipment will be weighted equally within each
category.
NOTE: the technical evaluation portion will not consider any pricing submitted by the
Respondent, or any reference to proposed, projected, or anticipated cost impacts to the
State.
3.12.2 Financial Status
Supplier Qualifier Report (SQR)
a. The Department will assign evaluation points on the prospective Respondent's
financial viability to perform the services outlined in this ITN.
b. The Department requires submission of the prospective Contractor's Supplier
Qualifier Report (SQR) prepared by Dun & Bradstreet (D&B). The Supplier Qualifier
Report is a standard report detailing financial and operational capability.
c. The prospective Contractor shall request the SQR report from D&B at:
Contract No.: DMS 250-000-09-1 Page 25
httQ§.Jlsor.c:lDP~~QJJ1/sQ!.lj§PJfQrmsj~OF. L!?Q'L~QBI6G 1::::JQ~lb_~1:r~$OB.I6G~..:=j§aQjM_~
Enter the ITN number in the text field entitled "Enter your RFP Number" and
select submit.
ii Enter your company's Duns Number, If you don't know your company's Duns
number, you may use the search feature to find it.
iii Confirm Registration
iv Enter payment method and information and complete registration. The cost
of the preparation of the D&B report shall be the responsibility of the
Respondent.
Once the process is complete, a copy must be given to the Department, and an
identical report should be kept by the Respondent as verification.
d. The SQR report shall be a part of the Respondents Response. It is the duty of the
Respondent to ensure the timely submission of a D&B report that accurately reflects
the proposing entity. If the Department cannot determine on the face of the
documents that the SQR report is that of the proposing entity, then the Department
will award zero points.
e. Respondents are advised to allow sufficient time before the proposal due date for
the D&B processing. Respondents should allow a minimum of 10 business days for
D&B to process. If the Department does not receive a SQR from D & B prior to the
opening date of the solicitation as stated in the Event Timeline (Section 1.5), and a
SQR is submitted with the proposal, the Respondent shall be required to
demonstrate that the SQR was requested by the Respondent after the posting date
of the solicitation at MyFlorida.com and was requested for this solicitation.
f. If the Respondent does not provide a D&B SQR report, or if one cannot be
generated by D&B, the submission will receive a score of zero (0) (Highest Risk
Rating) for financial status. The Department may request financial information from
Respondents that are unable to provide a D&B SQR report. These may include (but
not be limited to): P/L Statements, Balance Statements, and other corporate
financial reports.
The Department will use the following rating scale when evaluating the financial viability
of the prospective Contractor:
SQR Risk Points
Score Assigned
1 Lowest Risk Rating 10.0
2 9.0
3 8.0
4 7.0
5 5.0
6 3.0
7 1.0
8 0.0
9 Highest Risk Rating 0.0
3.12.3 Pricing
Contract No.: DMS 250-000-09-1 Page 26
Pricing is a VERY IMPORTANT COMPONENT of the contract award and will be
evaluated as outline herein, and in accordance with the procedure described in Section
3.18.1 (Pricing / Negotiation / Final Award).
Price Evaluation:
Initial price scores shall be based on the initial spreadsheets submitted with the original
proposal. The Department will use a scale of 0 to 50 points. The Respondent with the
lowest total per item per category (sub-category) shall receive a score of 50 points. Each
additional Respondent shall be awarded a percentage of the 50 points relative to the
lowest total price per item, category, or sub-category. In this ITN, the State shall not
consider any reference to proposed, projected or antiCipated cost impacts to the State.
The formula to calculate the points awarded is:
X = Lowest Respondent Total Price per Item, Category, Sub-Category
Y = Respondents Total Price Item, Category, Sub-Category
Points Awarded = X / Y * 50 Pts
Example:
Respondent A offers a total cost of $150.
Respondent B offers a total cost of $300.
Respondent C offers a total cost of $600.
1. Respondent A shall receive 50 points.
2. Respondent B shall receive 25 points. Calculation: 150 divided by 300 equals .5
and .5 times 50 equals 25 points
3. Respondent C shall receive 12.5 points. Calculation: 150 divided by 600 equals
.25 and .25 times 50 equals 12.5 points
3.13 Basis for Award I Promotion
Stage 1
The Department shall evaluate and rank responsive, responsible Respondent(s) against
all evaluation criteria set forth in Section 3.12. Based on the ranking, one or more
Respondents may be advanced to Stage 2 "Negotiation". This decision for
"advancement" or "promotion" to Stage 2 will be posted within the Sourcing Tool as well
as publicly noticed on the Vendor Bid System.
Stage 2
The Department intends to award this Contract to the Respondent(s) that offer the
overall best value to the State as determined through this ITN process. The Department
reserves the right to award to a single vendor, or to continue to award to multiple vendors
for each categorv or sub-category. This award decision will be posted within the
Sourcing Tool as well as publicly noticed on the Vendor Bid System.
The Department reserves the right to accept or reject any and all Responses, or
separable portions, and to waive any minor irregularity, technicality, or omission if the
Department determines that doing so will serve the State's best interest. The
Department reserves the right to end negotiations at any time and award the Contract to
the Respondent(s) that represent the overall best value to the State. This paragraph is in
addition to, and shall not be ccmstrued to limit or override any right or remedy available
to the Department in, Section 2.0, PUR 1001.
Contract No.: DMS 250-000-09-1 Page 27
3.14 Special Accommodation
Any person requiring a special accommodation at State Purchasing because of a disability
should call State Purchasing at (850) 488-8440 at least five (5) workdays prior to the bid
opening. If you are hearing or speech impaired, please contact State Purchasing by using
the Florida Relay Service at (800) 955-8771 (TDD).
3.15 Eligible Equipment
The equipment proposed shall be an "Eligible Brand" as noted in each category /
subcategory. "Eligible Brands" are those recognized by Gartner Group as technology leaders
and are listed (by Gartner) in their "Magic Quadrants", Server (Scorecard) Evaluation Models
(SEMs), or "MarketScopes" research documents.
If no "Eligible Brands" are noted within a Category, the Department will determine that the
equipment meets the remaining "responsive -responsible" criteria as outlined in Section 3.13
and technical scoring will be based upon meeting the Technical Specifications within the
category and any other requirements within this ITN.
3.16 Technical Documentation
Technical documentation, including printed technical literature, may be requested from any
Respondent, at any time, before or after contract award. Failure to supply this technical
documentation when requested may result in rejection of your response or termination of
contract.
3.17 Electronic Posting of Ranking of Respondents
Offers shall be opened at some time after the date and time indicated on the Event
Timeline and thereafter evaluated. After evaluating the Responses, the Department shall
electronically post the ranking for each Category (or sub-category) and list those advanced
(promoted) to Stage 2 on the date indicated on the Event Timeline (Section 1.5).
If the ranking or award is delayed, the Department shall post a notice of the delay and
revise the Event Timeline.
Any person who is adversely affected by the decision may file a notice of protest in
accordance with Section 120 of the Florida Statutes. See paragraph 2.20 of the General
Instructions (PUR 1001). The Department shall not reply to, or provide rankings or notices
of award by telephone, email, or fax.
3.18 Negotiations
The Department reserves the right to negotiate, either serially or concurrently, with any
and all Respondents at any point in the solicitation process. The Department reserves the
right to finalize the negotiations at any point and post an "Intent to Award" notice.
Respondents should recognize the Department's right to finalize the negotiation process
without the need to explicitly request an interim revised response, or a best and final offer.
The Department reserves the right to award based on what offer is deemed to be the best
value to the State.
3.18.1 Pricing I Negotiation I Final Award
Contract No.: DMS 250-000-09-1 Page 28
The final award decision for this ITN may be determined by the results of the evaluation
outlined in Section 3.12.3 "Pricing" submitted by the vendor on the Pricing Workbooks
(Attachment 1) submitted into the Sourcing Tool; Or, the State may elect to negotiate
additional discounts with selected vendors advanced (promoted) to Stage 2.
During the negotiation process, Respondents may be asked to resubmit pricing
workbooks for each Category, sub-category, or item they are proposing
As with the initial pricing spreadsheets, the Respondent shall enter a List Price, (MSRP)
for each of the items they wish to offer to the State. They will then identify a discount %
(off of the MSRP) for each of the items they propose. A final State of Florida price will be
calculated by the Pricing Spreadsheet. (THE FINAL DISCOUNT PERCENT [%] FOR
EACH ITEM OR SERVICE PURCHASED WILL APPLY FOR THE LENGTH OF
CONTRACT.)
3.19 State Objectives.
Within thirty (30) calendar days following award of the Contract, the successful
Respondent shall submit plans addressing each of the State's five (5) objectives listed
below, to the extent applicable to the items I services covered by this solicitation.
3.19.1 Diversity.
The State of Florida is committed to supporting its diverse business industry and
population through ensuring participation by minority-and women-owned business
enterprises in the economic life of the state. The State of Florida Mentor Protege
Program connects minority-and women-owned businesses with private corporations for
business development mentoring. We strongly encourage firms doing business with the
State of Florida to consider this initiative. For more information on the Mentor Protege
Program, please contact the Office of Supplier Diversity at (850) 487-0915.
The State is dedicated to fostering the continued development and economic growth of
small, minority, and women-owned businesses. Participation by a diverse group of
Vendors doing business with the State is central to this effort. To this end, it is vital that
small, minority, and women-owned business enterprises participate in the State's
procurement process as both Contractors and sub-contractors in this solicitation. Small,
minority, and women-owned businesses are strongly encouraged to contribute to this
solicitation.
The Contractor shall submit documentation addressing diversity and describing the
efforts being made to encourage the participation of small, minority, and women-owned
businesses.
Information on Certified Minority Business Enterprises (CMBE) is available from the
Office of Supplier Diversity at:
Quarterly Reports of revenue paid to W/MBE contractors (agents or subcontractors) as a
result of any award shall be provided to DMS Purchasing by the Prime Contractor on an
Agency by Agency (or other Eligible User) level. See Section 5.6.
3.19.2 Environmental Considerations.
Contract No.: DMS 250-000-09-1 Page 29
Florida Governor Charlie Crist signed Executive Order 07-126, titled "Leadership by
Example: Immediate Actions to Reduce Greenhouse Gas Emissions from Florida State
Government"; Executive Order 07-127, "Immediate Actions to Reduce Greenhouse Gas
Emissions within Florida"; and Executive Order 07-128, "Florida Governor's Action Team
on Energy and Climate Change."
The State supports and encourages initiatives to protect and preserve our environment.
The Prime Contractor shall submit as part of any response the Prime Contractor's plan to
support the procurement of products and materials with recycled content, and the intent
of Section 287.045, Florida Statutes. The Prime Contractor shall also provide a plan for
reducing and or handling of any hazardous waste generated by Prime Contractor's
company. Reference Rule 62-730.160, Florida Administrative Code. It is a requirement
of the Florida Department of Environmental Protection that a generator of hazardous
waste materials that exceeds a certain threshold must have a valid and current
Hazardous Waste Generator Identification Number. This identification number shall be
submitted as part of Prime Contractor's explanation of its company's hazardous waste
plan and shall explain in detail its handling and disposal of this waste.
Prime Contractor shall utilize equipment that is Energy Star or EPEAT Bronze (or higher)
compliant wherever possible. Prime Contractor shall list all equipment that meets these
criteria.
Describe what efforts your company (as Contractor) will take to encourage the
participation and support of these and other environmental programs.
3.19.3 Certification of Drug-Free Workplace Program.
The State supports and encourages initiatives to keep the workplaces of Florida's
Suppliers and Prime Contractors drug free. Section 287.087 of the Florida Statutes
provides that, where identical tie responses are received, preference shall be given to a
response received from a Respondent that certifies it has implemented a drug-free
workforce program. If applicable, Respondent shall certify that the Respondent has a
drug-free workplace program using the "Certification of Drug-Free Workplace" as
provided in Sourcing Tool for this solicitation. The Prime Contractor shall describe how it
will address the implementation of a drug free workplace in offering the items of the
solicitation. Certification shall be submitted (in the Sourcing Tool) using the form in
Attachment 5
3.19.4 Products Available from the Blind or Other Handicapped (RESPECT).
The State supports and encourages the gainful employment of citizens with disabilities.
It is expressly understood and agreed that any articles that are the subject of, or required
to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for
the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in
the same manner and under the same procedures set forth in Section 413.036(1) and
(2), Florida Statutes; and for purposes of this Contract the person, firm, or other business
entity carrying out the provisions of this Contract shall be deemed to be substituted for
the state agency insofar as dealings with such qualified nonprofit agency are concerned.
Additional information about the designated nonprofit agency and the products it offers is
available at http://www.respectofflorida.org.
The Respondent shall describe how it will address the use of RESPECT in offering the
items of the solicitation.
Contract No.: DMS 250-000-09-1 Page 30
3.19.5 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE).
The State supports and encourages the use of Florida correctional work programs. It is
expressly understood and agreed that any articles which are the subject of, or required
to carry out, this Contract shall be purchased from the corporation identified under
Chapter 946, F.S., in the same manner and under the same procedures set forth in
Section 946.515(2), and (4), F.S.; and for purposes of this Contract the person, firm, or
other business entity carrying out the provisions of this Contract shall be deemed to be
substituted for this agency insofar as dealings with such corporation are concerned.
Additional information about PRIDE and the products it offers is available at
http://www.pridefl.com.
The Prime Contractor shall describe how it will address the use of PRIDE in offering the
items of the solicitation.
Contract No.: DMS 250-000-09-1 Page 31
4.0 GENERAL CONTRACT CONDITIONS, PUR 1000
4.1 DEFINITIONS
4.2 PURCHASE ORDERS
4.3 PRODUCT VERSION
4.4 PRICE CHANGES APPLICABLE ONLY TO TERM CONTRACTS
4.5 ADDITIONAL QUANTITIES
4.6 PACKAGING
4.7 INSPECTION AT CONTRACTOR'S SITE
4.8 SAFETY STANDARDS
4.9 AMERICANS WITH DISABILITIES ACT
4.10 LITERATURE
4.11 TRANSPORTATION AND DELIVERY
4.12 INSTALLATION
4.13 RISK OF LOSS
4.14 TRANSACTION FEE
4.15 INVOICING AND PAYMENT
4.16 TAXES
4.17 GOVERNMENTAL RESTRICTIONS
4.18 LOBBYING AND INTEGRITY
4.19 INDEMNIFICATION
4.20 LIMITATION OF LIABILITY
4.21 SUSPENSION OF WORK
4.22 TERMINATION FOR CONVENIENCE
4.23 TERMINATION FOR CAUSE
4.24 FORCE MAJEURE, NOTICE OF DELAY, AND NO DAMAGES FOR DELAY
4.25 CHANGES
4.26 RENEWAL
4.27 PURCHASE ORDER DURATION
4.28 ADVERTISING
4.29 ASSIGNMENT
4.30 ANTITRUST ASSIGNEMENT
4.31 DISPUTE RESOLUTION
4.32 EMPLOYEES, SUBCONTRACTORS, AND AGENTS
Contract No.: DMS 250-000-09-1 Page 32
4.33 SECURITY AND CONFIDENTIALITY
4.34 CONTRACTOR EMPLOYEES, SUBCONTRACTORS, AND OTHER AGENTS
4.35 INSURANCE REQUIREMENTS
4.36 WARRANTY OF AUTHORITY
4.37 WARRANTY OF ABILITY TO PERFORM
4.38 NOTICES
4.39 LEASES AND INSTALLMENT PURCHASES
4.40 PRISON REHABILATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC.
(PRIDE).
4.41 PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED
4.42 MODIFICATION OF TERMS
4.43 COOPERATIVE PURCHASING
4.44. WAIVER
4.45. ANNUAL APPROTRIATIONS
4.46. EXECUTION IN COUNTERPARTS
4.47. SEVERABILITY
Contract No.: DMS 250-000-09-1 Page 33
4.1 Definitions.
The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The
following additional terms are also defined:
(a) "Contract" means the legally enforceable agreement that results from a successful
solicitation. The parties to the Contract will be the Customer and Contractor.
(b) "Customer" means the State agency or other entity identified in a contract as the party
to receive commodities or contractual services pursuant to a contract or that orders
commodities or contractual services via purchase order or other contractual instrument
from the Contractor under the Contract. The "Customer" may also be the "Buyer" as
defined in the PUR 1001 if it meets the definition of both terms.
(c) "Product" means any deliverable under the Contract, which may include commodities,
services, technology or software.
(d) "Purchase order" means the form or format a Customer uses to make a purchase under
the Contract (e.g., a formal written purchase order, electronic purchase order, procurement
card, contract or other authorized means).
4.2 Purchase Orders.
In contracts where commodities or services are ordered by the Customer via purchase
order, Contractor shall not deliver or furnish products until a Customer transmits a
purchase order. All purchase orders shall bear the Contract or solicitation number, shall
be placed by the Customer directly with the Contractor, and shall be deemed to
incorporate by reference the Contract and solicitation terms and conditions. Any
discrepancy between the Contract terms and the terms stated on the Contractor's order
form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable
to the Customer. A purchase order for services within the ambit of section 287.058(1) of
the Florida Statutes shall be deemed to incorporate by reference the requirements of
subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and
a contract administrator as required by subsections 287.057(15) and (16) of the Florida
Statutes.
4.3 Product Version.
Purchase orders shall be deemed to reference a manufacturer's most recently release
model or version of the product at the time of the order, unless the Customer specifically
requests in writing an earlier model or version and the contractor is willing to provide such
model or version.
4.4 Price Changes Applicable only to Term Contracts.
If this is a term contract for commodities or services, the following provisions apply.
(a) Quantity Discounts. Contractors are urged to offer additional discounts for one time
delivery of large single orders. Customers should seek to negotiate additional price
concessions on quantity purchases of any products offered under the Contract. State
Customers shall document their files accordingly.
(b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better
pricing offered by the Contractor for substantially the same or a smaller quantity of a
product outside the Contract, but upon the same or similar terms of the Contract, then at
Contract No.: DMS 250-000-09-1 Page 34
the discretion of the Customer the price under the Contract shall be immediately reduced
to the lower price.
(c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term
due to a change in market conditions, a Contractor may conduct sales promotions
involving price reductions for a specified lesser period. A Contractor shall submit to the
Contract Specialist documentation identifying the proposed (1) starting and ending dates
of the promotion, (2) products involved, and (3) promotional prices compared to then-
authorized prices. Promotional prices shall be available to all Customers. Upon approval,
the Contractor shall provide conspicuous notice of the promotion.
(d) Trade-In. Customers may trade-in equipment when making purchases from the
Contract. A trade-in shall be negotiated between the Customer and the Contractor.
Customers are obligated to actively seek current fair market value when trading
equipment, and to keep accurate records of the process. For State agencies, it may be
necessary to provide documentation to the Department of Financial Services and to the
agency property custodian pursuant to Chapter 273, F .S.
(e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable
adjustment in the Contract terms or pricing if pricing or availability of supply is affected by
extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy
all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's
control, (2) the volatility affects the marketplace or industry, not just the particular Contract
source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the
volatility so affects the Contractor that continued performance of the Contract would result
in a substantial loss.
4.5 Additional Quantities.
For a period not exceeding ninety (90) days from the date of solicitation award, the
Customer reserves the right to acquire additional quantities up to the amount shown on the
solicitation but not to exceed the threshold for Category Two at the prices submitted in the
response to the solicitation.
4.6 Packaging.
Tangible product shall be securely and properly packed for shipment, storage, and
stocking in appropriate, clearly labeled, shipping containers and according to accepted
commercial practice, without extra charge for packing materials, cases, or other types of
containers. All containers and packaging shall become and remain Customer's property.
4.7 Inspection at Contractor's Site.
The Customer reserves the right to inspect, at any reasonable time with prior notice, the
equipment or product or plant or other facilities of a Contractor to assess conformity with
Contract requirements and to determine whether they are adequate and suitable for proper
and effective Contract performance.
4.8 Safety Standards.
All manufactured items and fabricated assemblies subject to operation under pressure,
operation by connection to an electric source, or operation involving connection to a
manufactured, natural, or LP gas source shall be constructed and approved in a manner
acceptable to the appropriate State inspector. Acceptability customarily requires, at a
minimum, identification marking of the appropriate safety standard organization, where
Contract No.: DMS 250-000-09-1 Page 35
such approvals of listings have been established for the type of device offered and
furnished, for example: the American Society of Mechanical Engineers for pressure
vessels; the Underwriters Laboratories and/or National Electrical Manufacturers'
Association for electrically operated assemblies; and the American Gas Association for
gas-operated assemblies. In addition, all items furnished shall meet all applicable
requirements of the Occupational Safety and Health Act and state and federal
requirements relating to clean air and water pollution.
4.9 Americans with Disabilities Act.
Contractors should identify any products that may be used or adapted for use by visually,
hearing, or other physically impaired individuals.
4.10 Literature.
Upon request, the Contractor shall furnish literature reasonably related to the product
offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc.
4.11 Transportation and Delivery.
Prices shall include all charges for packing, handling, freight, distribution, and inside
delivery. Transportation of goods shall be FOB Destination to any point within thirty (30)
days after the Customer places an Order. A Contractor, within five (5) days after receiving
a purchase order, shall notify the Customer of any potential delivery delays. Evidence of
inability or intentional delays shall be cause for Contract cancellation and Contractor
suspension.
4.12 Installation.
Where installation is required, Contractor shall be responsible for placing and installing the
product in the required locations at no additional charge, unless otherwise designated on
the Contract or purchase order. Contractor's authorized product and price list shall clearly
and separately identify any additional installation charges. All materials used in the
installation shall be of good quality and shall be free of defects that would diminish the
appearance of the product or render it structurally or operationally unsound. Installation
includes the furnishing of any equipment, rigging, and materials required to install or
replace the product in the proper location. Contractor shall protect the site from damage
and shall repair damages or injury caused during installation by Contractor or its
employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve
installation, the Contractor shall promptly restore the structure or site to its original
condition. Contractor shall perform installation work so as to cause the least
inconvenience and interference with Customers and with proper consideration of others on
site. Upon completion of the installation, the location and surrounding area of work shall
be left clean and in a neat and unobstructed condition, with everything in satisfactory repair
and order.
4.13 Risk of Loss.
Matters of inspection and acceptance are addressed in s. 215.422, F .S. Until acceptance,
risk of loss or damage shall remain with the Contractor. The Contractor shall be
responsible for filing, processing, and collecting all damage claims. To assist the
Contractor with damage claims, the Customer shall: record any evidence of visible
damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier
and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading
and damage inspection report. When a Customer rejects a product, Contractor shall
Contract No.: DMS 250-000-09-1 Page 36
remove it from the premises within ten days after notification or rejection. Upon rejection
notification, the risk of loss of rejected or non-conforming product shall remain with the
Contractor. Rejected product not removed by the Contractor within ten days shall be
deemed abandoned by the Contractor, and the Customer shall have the right to dispose of
it as its own property. Contractor shall reimburse the Customer for costs and expenses
incurred in storing or effecting removal or disposition of rejected product.
4.14 Transaction Fee.
The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement
System ("System"). Pursuant to section 287.057(23), Florida Statutes (2002), all
payments shall be assessed a Transaction Fee of one percent (1.0%), which the
Contractor shall pay to the State, unless exempt pursuant to 60A-1.032, F .A.C.
For payments within the State accounting system (FLAIR or its successor), the
Transaction Fee shall, when possible, be automatically deducted from payments to the
Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction
Fee pursuant to Rule 60A-1.031 (2), F.A.C. By submission of these reports and
corresponding payments, Contractor certifies their correctness. All such reports and
payments shall be subject to audit by the State or its designee.
Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the
purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act,
or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-
refundable when an item is rejected or returned, or declined, due to the Contractor's failure
to perform or comply with specifications or requirements of the agreement.
Failure to comply with these requirements shall constitute grounds for declaring the
Contractor in default and recovering reprocurement costs from the Contractor in addition to
all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES
MAY BE subject to being removed from the Department of management services' vendor
list as provided in rule 60A-1.006, F.A.C.
4.15 Invoicing and Payment.
Invoices shall contain the Contract number, purchase order number if applicable, and the
appropriate vendor identification number. The State may require any other information
from the Contractor that the State deems necessary to verify any purchase order placed
under the Contract.
At the State's option, Contractors may be required to invoice electronically pursuant to
guidelines of the Department of Management Services. Current guidelines require that
Contractor supply electronic invoices in lieu of paper-based invoices for those transactions
processed through the system. Electronic invoices shall be submitted to the Customer
through the Ariba Supplier Network (ASN) in one of the following mechanisms -EDI 810,
cXML, or web-based invoice entry within the ASN.
Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida
Statutes, which govern time limits for payment of invoices. Invoices that must be returned
to a Contractor due to preparation errors will result in a delay in payment. Contractors may
call (850) 413-7269 Monday through Friday to inquire about the status of payments by
State Agencies. The Customer is responsible for all payments under the Contract. A
Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract
Contract No.: DMS 250-000-09-1 Page 37
and shall not relieve the Contractor of its obligations to the Department or to other
Customers.
4.16 Taxes.
The State does not pay Federal excise or sales taxes on direct purchases of tangible
personal property. The State will not pay for any personal property taxes levied on the
Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph
shall be explicitly noted by the Customer in the special contract conditions section of the
solicitation or in the Contract or purchase order.
4.17 Governmental Restrictions.
If the Contractor believes that any governmental restrictions have been imposed that
require alteration of the material, quality, workmanship or performance of the products
offered under the Contract, the Contractor shall immediately notify the Customer in writing,
indicating the specific restriction. The Customer reserves the right and the complete
discretion to accept any such alteration or to cancel the Contract at no further expense to
the Customer.
4.18 Lobbying and Integrity.
Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS.
The Contractor shall not, in connection with this or any other agreement with the State,
directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as
consideration for any State officer or employee's decision, opinion, recommendation, vote,
other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to
give to anyone any gratuity for the benefit of, or at the direction or request of, any State
officer or employee. For purposes of clause (2), "gratuity" means any payment of more
than nominal monetary value in the form of cash, travel, entertainment, gifts, meals,
lodging, loans, subscriptions, advances, deposits of money, services, employment, or
contracts of any kind. Upon request of the Customer's Inspector General, or other
authorized State official, the Contractor shall provide any type of information the Inspector
General deems relevant to the Contractor's integrity or responsibility. Such information
may include, but shall not be limited to, the Contractor's business or financial records,
documents, or files of any type or form that refer to or relate to the Contract. The
Contractor shall retain such records for the longer of (1) three years after the expiration of
the Contract or (2) the period required by the General Records Schedules maintained by
the Florida Department of State (available at:
http://dlis.dos.stateJl.us/barm/genschedules/gensched.htm). The Contractor agrees to
reimburse the State for the reasonable costs of investigation incurred by the Inspector
General or other authorized State official for investigations of the Contractor's compliance
with the terms of this or any other agreement between the Contractor and the State which
results in the suspension or debarment of the Contractor. Such costs shall include, but
shall not be limited to: salaries of investigators, including overtime; travel and lodging
expenses; and expert witness and documentary fees. The Contractor shall not be
responsible for any costs of investigations that do not result in the Contractor's suspension
or debarment.
4.19 Indemnification.
The Contractor shall be fully liable for the actions of its agents, employees, partners, or
subcontractors and shall fully indemnify, defend, and hold harmless the State and
Customers, and their officers, agents, and employees, from suits, actions, damages, and
costs of every name and description, including attorneys' fees, ariSing from or relating to
Contract No.: DMS 250-000-09-1 Page 38
personal injury and damage to real or personal tangible property alleged to be caused in
whole or in part by Contractor, its agents, employees, partners, or subcontractors,
provided, however, that the Contractor shall not indemnify for that portion of any loss or
damages proximately caused by the negligent act or omission of the State or a Customer.
Further, the Contractor shall fully indemnify, defend, and hold harmless the State and
Customers from any suits, actions, damages, and costs of every name and description,
including attorneys' fees, arising from or relating to violation or infringement of a
trademark, copyright, patent, trade secret or intellectual property right, provided, however,
that the foregoing obligation shall not apply to a Customer's misuse or modification of
Contractor's products or a Customer's operation or use of Contractor's products in a
manner not contemplated by the Contract or the purchase order. If any product is the
subject of an infringement suit, or in the Contractor's opinion is likely to become the subject
of such a suit, the Contractor may at its sole expense procure for the Customer the right to
continue using the product or to modify it to become non-infringing. If the Contractor is not
reasonably able to modify or otherwise secure the Customer the right to continue using the
product, the Contractor shall remove the product and refund the Customer the amounts
paid in excess of a reasonable rental for past use. The customer shall not be liable for any
royalties.
The Contractor's obligations under the preceding two paragraphs with respect to any legal
action are contingent upon the State or Customer giving the Contractor (1) written notice of
any action or threatened action, (2) the opportunity to take over and settle or defend any
such action at Contractor's sole expense, and (3) assistance in defending the action at
Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or
compromise incurred or made by the State or Customer in any legal action without the
Contractor's prior written consent, which shall not be unreasonably withheld.
4.20 Limitation of Liability.
For all claims against the Contractor under any contract or purchase order, and regardless
of the basis on which the claim is made, the Contractor's liability under a contract or
purchase order for direct damages shall be limited to the greater of $100,000, the dollar
amount of the contract or purchase order, or two times the charges rendered by the
Contractor under the purchase order. This limitation shall not apply to claims arising under
the Indemnity paragraph contain in this agreement.
Unless otherwise specifically enumerated in the Contract or in the purchase order, no party
shall be liable to another for special, indirect, punitive, or consequential damages,
including lost data or records (unless the contract or purchase order requires the
Contractor to back-up data or records), even if the party has been advised that such
damages are possible. No party shall be liable for lost profits, lost revenue, or lost
institutional operating savings. The State and Customer may, in addition to other remedies
available to them at law or equity and upon notice to the Contractor, retain such monies
from amounts due Contractor as may be necessary to satisfy any claim for damages,
penalties, costs and the like asserted by or against them. The State may set off any
liability or other obligation of the Contractor or its affiliates to the State against any
payments due the Contractor under any contract with the State.
Contract No.: DMS 250-000-09-1 Page 39
4.21 Suspension of Work.
The Customer may in its sole discretion suspend any or all activities under the Contract or
purchase order, at any time, when in the best interests of the State to do so. The
Customer shall provide the Contractor written notice outlining the particulars of
suspension. Examples of the reason for suspension include, but are not limited to,
budgetary constraints, declaration of emergency, or other such circumstances. After
receiving a suspension notice, the Contractor shall comply with the notice and shall not
accept any purchase orders. Within ninety days, or any longer period agreed to by the
Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at
which time activity shall resume, or (2) terminate the Contract or purchase order.
Suspension of work shall not entitle the Contractor to any additional compensation.
4.22 Termination for Convenience.
The Customer, by written notice to the Contractor, may terminate the Contract in whole or
in part when the Customer determines in its sole discretion that it is in the State's interest
to do so. The Contractor shall not furnish any product after it receives the notice of
termination, except as necessary to complete the continued portion of the Contract, if any.
The Contractor shall not be entitled to recover any cancellation charges or lost profits.
4.23 Termination for Cause.
The Customer may terminate the Contract if the Contractor fails to (1) deliver the product
within the time specified in the Contract or any extension, (2) maintain adequate progress,
thus endangering performance of the Contract, (3) honor any term of the Contract, or (4)
abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C.,
governs the procedure and consequences of default. The Contractor shall continue work
on any work not terminated. Except for defaults of subcontractors at any tier, the
Contractor shall not be liable for any excess costs if the failure to perform the Contract
arises from events completely beyond the control, and without the fault or negligence, of
the Contractor. If the failure to perform is caused by the default of a subcontractor at any
tier, and if the cause of the default is completely beyond the control of both the Contractor
and the subcontractor, and without the fault or negligence of either, the Contractor shall
not be liable for any excess costs for failure to perform, unless the subcontracted products
were obtainable from other sources in sufficient time for the Contractor to meet the
required delivery schedule. If, after termination, it is determined that the Contractor was
not in default, or that the default was excusable, the rights and obligations of the parties
shall be the same as if the termination had been issued for the convenience of the
Customer. The rights and remedies of the Customer in this clause are in addition to any
other rights and remedies provided by law or under the Contract.
4.24 Force Majeure, Notice of Delay, and No Damages for Delay.
The Contractor shall not be responsible for delay resulting from its failure to perform if
neither the fault nor the negligence of the Contractor or its employees or agents
contributed to the delay and the delay is due directly to acts of God, wars, acts of public
enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's
control, or for any of the foregoing that affect subcontractors or suppliers if no alternate
source of supply is available to the Contractor. In case of any delay the Contractor
believes is excusable, the Contractor shall notify the Customer in writing of the delay or
potential delay and describe the cause of the delay either (1) within ten (10) days after the
cause that creates or will create the delay first arose, if the Contractor could reasonably
foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable,
within five (5) days after the date the Contractor first had reason to believe that a delay
Contract No.: DMS 250-000-09-1 Page 40
could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE
REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict
accordance with this paragraph is a condition precedent to such remedy. No claim for
damages, other than for an extension of time, shall be asserted against the Customer.
The Contractor shall not be entitled to an increase in the Contract price or payment of any
kind from the Customer for direct, indirect, consequential, impact or other costs, expenses
or damages, including but not limited to costs of acceleration or inefficiency, arising
because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in part, due to any of the causes
described in this paragraph, after the causes have ceased to exist the Contractor shall
perform at no increased cost, unless the Customer determines, in its sole discretion, that
the delay will significantly impair the value of the Contract to the State or to Customers, in
which case the Customer may (1) accept allocated performance or deliveries from the
Contractor, provided that the Contractor grants preferential treatment to Customers with
respect to products subjected to allocation, or (2) purchase from other sources (without
recourse to and by the Contractor for the related costs and expenses) to replace all or part
of the products that are the subject of the delay, which purchases may be deducted from
the Contract quantity, or (3) terminate the Contract in whole or in part.
4.25 Changes.
The Customer may unilaterally require, by written order, changes altering, adding to, or
deducting from the Contract specifications, provided that such changes are within the
general scope of the Contract. The Customer may make an equitable adjustment in the
Contract price or delivery date if the change affects the cost or time of performance. Such
equitable adjustments require the written consent of the Contractor, which shall not be
unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit
separate bids to satisfy them.
4.26 Renewal.
Upon mutual agreement, the Customer and the Contractor may renew the Contract, in
whole or in part, for a period that may not exceed 3 years or the term of the contract,
whichever period is longer. Any renewal shall specify the renewal price, as set forth in the
solicitation response. The renewal must be in writing and signed by both parties, and is
contingent upon satisfactory performance evaluations and subject to availability of funds.
4.27 Purchase Order Duration.
Purchase orders issued pursuant to a state term or agency contract must be received by
the Contractor no later than close of business on the last day of the contract's term to be
considered timely. The Contractor is obliged to fill those orders in accordance with the
contract's terms and conditions. Purchase orders received by the contractor after close of
business on the last day of the state term or agency contract's term shall be considered
void.
Purchase orders for a one-time delivery of commodities or performance of contractual
services shall be valid through the performance by the Contractor, and all terms and
conditions of the state term or agency contract shall apply to the single
delivery/performance, and shall survive the termination of the Contract.
Contractors are required to accept purchase orders specifying delivery schedules
exceeding the contracted schedule even when such extended delivery will occur after
expiration of the state term or agency contract. For example, if a state term contract calls
Contract No.: DMS 250-000-09-1 Page 41
for delivery 30 days after receipt of order (ARO), and an order specifies delivery will occur
both in excess of 30 days ARO and after expiration of the state term contract, the
Contractor will accept the order. However, if the Contractor expressly and in writing
notifies the ordering office within ten (10) calendar days of receipt of the purchase order
that Contractor will not accept the extended delivery terms beyond the expiration of the
state term contract, then the purchase order will either be amended in writing by the
ordering entity within ten (10) calendar days of receipt of the contractor's notice to reflect
the state term contract delivery schedule, or it shall be considered withdrawn.
The duration of purchase orders for recurring deliveries of commodities or performance of
services shall not exceed the expiration of the state term or agency contract by more than
twelve months. However, if an extended pricing plan offered in the state term or agency
contract is selected by the ordering entity, the contract terms on pricing plans and
renewals shall govern the maximum duration of purchase orders reflecting such pricing
plans and renewals.
Timely purchase orders shall be valid through their specified term and performance by the
Contractor, and all terms and conditions of the state term or agency contract shall apply to
the recurring delivery/performance as provided herein, and shall survive the termination of
the Contract.
Ordering offices shall not renew a purchase order issued pursuant to a state term or
agency contract if the underlying contract expires prior to the effective date of the renewal.
4.28 Advertising.
Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any
information concerning the Contract without prior written approval from the Customer,
including, but not limited to mentioning the Contract in a press release or other promotional
material, identifying the Customer or the State as a reference, or otherwise linking the
Contractor's name and either a description of the Contract or the name of the State or the
Customer in any material published, either in print or electronically, to any entity that is not
a party to Contract, except potential or actual authorized distributors, dealers, resellers, or
service representative.
4.29 ASSignment.
The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under
the Contract, or under any purchase order issued pursuant to the Contract, without the
prior written consent of the Customer. In the event of any assignment, the Contractor
remains secondarily liable for performance of the contract, unless the Customer expressly
waives such secondary liability. The Customer may assign the Contract with prior written
notice to Contractor of its intent to do so.
4.30 Antitrust Assignment.
The Contractor and the State of Florida recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact usually borne by the State of
Florida. Therefore, the contractor hereby assigns to the State of Florida any and all claims
for such overcharges as to goods, materials or services purchased in connection with the
Contract.
Contract No.: DMS 250-000-09-1 Page 42
4.31 Dispute Resolution.
Any dispute concerning performance of the Contract shall be decided by the Customer's
designated contract manager, who shall reduce the decision to writing and serve a copy on
the Contractor. The decision shall be final and conclusive unless within twenty one (21)
days from the date of receipt, the Contractor files with the Customer a petition for
administrative hearing. The Customer's decision on the petition shall be final, subject to
the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes.
Exhaustion of administrative remedies is an absolute condition precedent to the
Contractor's ability to pursue any other form of dispute resolution; provided, however, that
the parties may employ the alternative dispute resolution procedures outlined in Chapter
120.
Without limiting the foregoing, the exclusive venue of any legal or equitable action that
arises out of or relates to the Contract shall be the appropriate state court in Leon County,
Florida; in any such action, Florida law shall apply and the parties waive any right to jury
trial.
4.32 Employees, Subcontractors, and Agents.
All Contractor employees, subcontractors, or agents performing work under the Contract
shall be properly trained technicians who meet or exceed any specified training
qualifications. Upon request, Contractor shall furnish a copy of technical certification or
other proof of qualification. All employees, subcontractors, or agents performing work
under the Contract must comply with all security and administrative requirements of the
Customer and shall comply with all controlling laws and regulations relevant to the
services they are providing under the Contract. The State may conduct, and the
Contractor shall cooperate in, a security background check or otherwise assess any
employee, subcontractor, or agent furnished by the Contractor. The State may refuse
access to, or require replacement of, any personnel for cause, including, but not limited to,
technical or training qualifications, quality of work, change in security status, or non-
compliance with a Customer's security or other requirements. Such approval shall not
relieve the Contractor of its obligation to perform all work in compliance with the Contract.
The State may reject and bar from any facility for cause any of the Contractor's employees,
subcontractors, or agents.
4.33 Security and Confidentiality.
The Contractor shall comply fully with all security procedures of the United States, State of
Florida and Customer in performance of the Contract. The Contractor shall not divulge to
third parties any confidential information obtained by the Contractor or its agents,
distributors, resellers, subcontractors, officers or employees in the course of performing
Contract work, including, but not limited to, security procedures, business operations
information, or commercial proprietary information in the possession of the State or
Customer. The Contractor shall not be required to keep confidential information or
material that is publicly available through no fault of the Contractor, material that the
Contractor developed independently without relying on the State's or Customer's
confidential information, or material that is otherwise obtainable under State law as a
public record. To insure confidentiality, the Contractor shall take appropriate steps as to its
personnel, agents, and subcontractors. The warranties of this paragraph shall survive the
Contract.
Contract No.: DMS 250-000-09-1 Page 43
4.34 Contractor Employees, Subcontractors, and Other Agents.
The Customer and the State shall take all actions necessary to ensure that Contractor's
employees, subcontractors and other agents are not employees of the State of Florida.
Such actions include, but are not limited to, ensuring that Contractor's employees,
subcontractors, and other agents receive benefits and necessary insurance (health,
workers' compensations, and unemployment) from an employer other than the State of
Florida.
4.35 Insurance Requirements.
During the Contract term, the Contractor at its sole expense shall provide commercial
insurance of such a type and with such terms and limits as may be reasonably associated
with the Contract. Providing and maintaining adequate insurance coverage is a material
obligation of the Contractor. Upon request, the Contractor shall provide certificate of
insurance. The limits of coverage under each policy maintained by the Contractor shall not
be interpreted as limiting the Contractor's liability and obligations under the Contract. All
insurance policies shall be through insurers authorized or eligible to write policies in
Florida.
4.36 Warranty of Authority.
Each person signing the Contract warrants that he or she is duly authorized to do so and to
bind the respective party to the Contract.
4.37 Warranty of Ability to Perform.
The Contractor warrants that, to the best of its knowledge, there is no pending or
threatened action, proceeding, or investigation, or any other legal or financial condition,
that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its
Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on
the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or
on any similar list maintained by any other state or the federal government. The
Contractor shall immediately notify the Customer in writing if its ability to perform is
compromised in any manner during the term of the Contract.
4.38 Notices.
All notices required under the Contract shall be delivered by certified mail, return receipt
requested, by reputable air courier service, or by personal delivery to the agency designee
identified in the original solicitation, or as otherwise identified by the Customer. Notices to
the Contractor shall be delivered to the person who signs the Contract. Either designated
recipient may notify the other, in writing, if someone else is designated to receive notice.
4.39 Leases and Installment Purchases.
Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required
for State agencies to enter into or to extend any lease or installment-purchase agreement
in excess of the Category Two amount established by section 287.017 of the Florida
Statutes.
4.40 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE).
Section 946.515(2), F.S. requires the following statement to be included in the solicitation:
"It is expressly understood and agreed that any articles which are the subject of, or
required to carry out, the Contract shall be purchased from the corporation identified under
Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same
Contract No.: DMS 250-000-09-1 Page 44
procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes
of the Contract the person, firm, or other business entity carrying out the provisions of the
Contract shall be deemed to be substituted for the agency insofar as dealings with such
corporation are concerned." Additional information about PRIDE and the products it offers
is available at http://www.pridefl.com.
4.41 Products Available from the Blind or Other Handicapped.
Section 413.036(3), F.S. requires the following statement to be included in the solicitation:
"It is expressly understood and agreed that any articles that are the subject of, or required
to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for
the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in
the same manner and under the same procedures set forth in section 413.036(1) and (2),
Florida Statutes; and for purposes of this contract the person, firm, or other business entity
carrying out the provisions of this contract shall be deemed to be substituted for the State
agency insofar as dealings with such qualified nonprofit agency are concerned."
Additional information about the designated nonprofit agency and the products it offers is
available at http://www.respectofflorida.org.
4.42 Modification of Terms.
The Contract contains all the terms and conditions agreed upon by the parties, which
terms and conditions shall govern all transactions between the Customer and the
Contractor. The Contract may only be modified or amended upon mutual written
agreement of the Customer and the Contractor. No oral agreements or representations
shall be valid or binding upon the Customer or the Contractor. No alteration or
modification of the Contract terms, including substitution of product, shall be valid or
binding against the Customer. The Contractor may not unilaterally modify the terms of the
Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion
of standard preprinted forms, product literature, "shrink wrap" terms accompanying or
affixed to a product, whether written or electronic) or by incorporating such terms onto the
Contractor's order or fiscal forms or other documents forwarded by the Contractor for
payment. The Customer's acceptance of product or processing of documentation on forms
furnished by the Contractor for approval or payment shall not constitute acceptance of the
proposed modification to terms and conditions.
4.43 Cooperative Purchasing.
Pursuant to their own governing laws, and subject to the agreement of the Contractor,
other entities may be permitted to make purchases at the terms and conditions contained
herein. Non-Customer purchases are independent of the agreement between Customer
and Contractor, and Customer shall not be a party to any transaction between the
Contractor and any other purchaser.
State agencies wishing to make purchases from this agreement are required to follow the
provisions of s. 287.042(16) (a), F .S. This statute requires the Department of Management
Services to determine that the requestor's use of the contract is cost-effective and in the
best interest of the State.
4.44. Waiver.
The delay or failure by the Customer to exercise or enforce any of its rights under this
Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to
enforce those rights, nor shall any single or partial exercise of any such right preclude any
other or further exercise thereof or the exercise of any other right.
Contract No.: DMS 250-000-09-1 Page 45
4.45. Annual Appropriations.
The State's performance and obligation to pay under this contract are contingent upon an
annual appropriation by the Legislature.
4.46. Execution in Counterparts.
The Contract may be executed in counterparts, each of which shall be an original and all of
which shall constitute but one and the same instrument.
4.47. Severability.
If a court deems any provision of the Contract void or unenforceable, that provision shall
be enforced only to the extent that it is not in violation of law or is not otherwise
unenforceable and all other provisions shall remain in full force and effect.
Contract No.: DMS 250-000-09-1 Page 46
5.0 SPECIAL CONTRACT CONDITIONS
5.1 ADDITIONAL DEFINITIONS
5.2 PURCHASING CARD PROGRAM
5.3 INSTRUCTIONS AND MAINTENANCE MANUAL
5.4 CONTRACT REQUIREMENTS
5.5 DELIVERY
5.6 CONTRACT REPORTING REQUIREMENTS
5.7 BUSINESS REVIEW MEETINGS
5.8 CONTRACTOR'S STATE CONTRACT WEBPAGE
5.9 ELECTRONIC INVOICING I BILLING
5.10 REQUESTS FOR QUOTES
5.11 RISK OF LOSS I PAYMENTS I FEES
5.12 PRICE REDUCTION
5.13 ADDITIONAL HARDWARE AND SERVICES
5.14 STATE OF FLORIDA CONSOLIDATED EQUIPMENT FINANCING PROGRAM (CEFP)
Contract No.: DMS 250-000-09-1 Page 47
5.1 Additional Definitions
a. "CWMBE" means a Certified Woman or Minority Business Enterprise as certified by
the Florida Office of Supplier Diversity.
b. "MFMP" means MyFloridaMarketPlace the State's e-Procurement system.
c. "MFMP Service Provider" means the third party company operating the State's e-
Procurement system, MyFloridaMarketPlace.
5.2 Purchasing Card Program
The State of Florida has implemented a purchasing card program, using the Visa platform.
Vendors may receive payment from state agencies by the State's Purchasing Card in the
same manner as any other Visa purchases. PCard -Visa acceptance for purchase is a
mandatory requirement for this solicitation, but is not the exclusive method of payment.
If the State changes its PCard platform during the term of Contract resulting from this ITN,
the awardee shall make any necessary changes to accommodate the State's new PCard
platform within 30 days of notification of such change.
5.3 Instructions and Maintenance Manual
At the time of the delivery, the Contractor or Reseller shall be required to furnish the
Customer at least one (1) instruction manual and one (1) maintenance manual for each
system ordered. Bulletins, revisions, and corrections shall be provided for each system
purchased, as they are issued by the manufacturer. Each instruction and maintenance
manual shall contain definitions of terms, definition of equipment, equipment capabilities,
technical descriptions of equipment operations, description of malfunction identifications,
trouble shooting procedures and detailed schematic and use instructions.
5.4 Contract Requirements
Respondent shall have a single point of contact for contract support. This individual may
support multiple Customers and shall respond to calls and/or emails within twenty-four (24)
hours. Customer support contact information shall be provided on the Ordering
Instructions Form (ATTACHMENT 3)
Respondent shall provide toll-free customer service phone support from 7:00 AM (EST) to
6:00 PM (EST) Monday through Friday, except for Federal and State holidays. TDD
(Telecommunication Device for the Deaf) access must be made available during the above
customer service operating hours.
Respondent shall provide an after-hours contact number for use by Customers for
emergencies after standard customer service operating hours.
5.4.1 Factory Service Requirements
The Respondent agrees to maintain at least one factory-authorized service station and/or
servicing dealer within the State of Florida to perform warranty repairs and adjustments
throughout the Contract Term. Respondent must complete the Ordering Instructions Form
included in Attachment 3 of this ITN, and must update that document throughout the
Contract Term. The Contractor shall promptly notify the Department of any changes
thereto, however the Parties expressly agree that changes to the Service Representative
Contract No.: DMS 250-000-09-1 Page 48
List are not Contract Amendments and do not require a formal written agreement. This
arrangement shall not relieve the Contractor of its duty to maintain at least one (1)
authorized service location within the State of Florida.
The Contractor may offer the State Agencies and Eligible Users "after warranty" service
agreements for the maintenance and repair of goods after the initial warranty expires. The
Contractor shall provide pricing for this additional service as a separate item on the pricing
spreadsheets in Attachment 1 of this ITN.
5.4.2 Standard Support Levels.
Contractors shall provide the following levels of support under the Contract:
a. Inside delivery, with buyer set-up and installation.
b. Minimum 1-year warranty for parts coverage and support
c. Maximum two (2) business days repair time, or replace with comparable
equipment (replace with new equipment during the warranty period)
d. Toll free telephone support and information.
(Minimum: Business days 8:00 a.m. to 6:00 p.m., Eastern Time).
e. Service response time minimum of 8 hours after receipt of problem call.
f. Access to all software or firmware updates installed or bundled with the product
for the term of the full warranty
g. 30-day money back guarantee, return to vendor, with no restocking fee or
comparable charge
Optional Support that may be offered on particular purchases:
a. Dealer set-up and installation (unless required by Manufacture for "Certification"
prior to initiation of support)
b. Warranty upgrades may be purchased at time of purchase or any time afterwards
during the product life cycle.
c. Warranty service response upgrades; e.g., on site, 4 hour response, or next
business day.
Optional support levels resulting in increased cost to Customers shall be clearly and
separately identified on the Contractor's authorized product and price list submitted on the
pricing spreadsheets in Attachment 1. Integrated components shall carry the same
support level and warranty provisions as the system (by way of non-exclusive example,
monitors, keyboards, mouse and trackball, expansion boards, network interface cards,
internal modems, and multimedia). Customers shall not be required to purchase
maintenance from Contractor and may enter into separate agreements for maintenance
and support with persons other than Contractor.
5.5 Delivery
Prices bid shall include inside delivery to the ordering agency within 30 days after receipt
of purchase order.
5.6 Contract Reporting Requirements
The following data must be reported to the Department on a quarterly (January, April, July,
and October) contract basis.
Report shall include:
f. Prime Contractor's Name
g. Reporting Period (01, 02, 03, 04)
Contract No.: DMS 250-000-09-1 Page 49
h. Total dollar value of purchases, leases or rentals per quarter separated by State
Agency and Eligible User totals, and separated by purchase order and p-card order
total dollar values.
i. Total dollar volume per quarter by configuration group.
j. Excel report itemizing total purchases, leases or rentals for period that includes
columns for the following information: manufacturer's name, agency name, product
number, item description, product group number, identify lease or purchase,
quantity, manufacturer list price, percentage discount taken and final purchase
price or lease I rental total.
k. Report will emphasize where the most significant purchase volumes are by product
group.
Failure to provide quarterly reports, including reporting no sales, leases, or rentals, within
thirty (30) calendar days following the end of each quarter (January, April, July and
October) may result in the Prime Contractor being found in default and cancellation of the
contract by the Department.
Contractor shall report (on a quarterly basis) to the Department, the total spending with
certified and other minority business enterprises directly related to transactions under this
contract. Reports shall include the period covered, the name, minority code and Federal
Employer Identification Number of each CWMBE utilized during the period, commodities
and services provided by the CWMBE, and the amount paid to each minority Contractor or
sub-contractor on behalf of each purchasing agency or eligible user ordering under the
terms of this contract.
Submission of the quarterly sales reports are the responsibility of the Contractor without
prompting or notification by the Department. The Contractor shall submit the completed
quarterly reports by email to the Department.
5.7 Business Review Meetings
In order to maintain the partnership between the Department and the Prime Contractor,
monthly, (or minimally each quarter), the Department may request a business review
meeting. The business review meeting may involve, but not be limited to, the following:
a. Review of Contractor performance
b. Review of minimum required reports
c. Review of continuous improvement plans
The Department encourages Contractors to identify opportunities to lower costs.
5.8 Contractor's State Contract Webpage
The Contract resulting from this solicitation will become a public document. DMS has a
website used to display State Term Contracts and product information to eligible users and
other interested entities.
The Awardee(s) shall, within thirty (30) days after the date of award listed on the
Certification of Contract document, develop and maintain their own State of Florida web
page to post approved and required Contract information, which shall include pricing,
percentage discounts, terms, catalogs, ordering instructions, descriptive information, list of
products that meet the State of Florida's approved green product labels I standards, and
product pictures. The State Contract web page must maintain compatibility with the
browser software being used by DMS, currently Internet Explorer 6.0. The Universal
Contract No.: DMS 250-000-09-1 Page 50
Resource Locator (URL) for the State Contract web page must be listed in the space
provided on the Ordering Instructions page of the solicitation. Prime Contractor is
responsible for any and all costs associated with providing this information to the State.
The web site must have the following required items:
a. Accurate Contract pricing and items;
b. Detailed item descriptions, model numbers, etc.
c. Robust search engine capabilities;
d. Information to access product literature of awarded items;
e. Links to the vendor's home page, the history of the company, etc.;
f. Additional links to access technical product literature of awarded items;
g. Authorized servicing dealers with current contact information;
h. Offer as many photos as possible of awarded products;
i. List of products that meet the State of Florida's approved green product labels /
standards;
j. When possible, provide indicators of recycled product and minority manufactured
products; and
k. URL for the State Contract web page must be supplied to the Department within
30 days of Contract award.
Continued disruption of service or inadequate access may be grounds for termination and
removal from the Contract, subject to Section 4.23.
Contractors should note that the US Federal Trade Commission's Guides to the Use of
Environmental Marketing Claims (Green Guides) regulate how companies label and
advertise using environmental claims / terms. (available at
http~!lvY~"/Yllji~,gg_"'LQ_gJjgrlJ[lJl~9-LJjg_§~~Q.42-ZJ:Hm) 16 C.F.R. Part 260 for details. It is the
Prime Contractor's responsibility to accurately identify their products that meet the State of
Florida's approved green product labels / standards (e.g., Energy Star, Green Seal) in their
electronic catalog, punch-out site and on State Contract web page. Failure to accurately
represent green products shall be cause for termination upon notice by the Department.
5.9 Electronic Invoicing / Billing
Equipment purchased on this State Term Contract shall be DIRECT BILLED by the
Contractor (or authorized dealer). State Agencies shall be electronically billed through
the MyFloridaMarketPlace (MFMP) system wherever able. See Attachment 2 for MFMP
Invoicing Requirements. All other Eligible Users should be electronically direct billed
whenever possible.
At a minimum, each invoice shall provide the following information:
a. Service order numbers
b. Account numbers
c. Bill date
d. Install date
e. Bill remittance address
f. Adjustments (detailed information on all adjustments within the bill must be
provided)
g. Sub-total of current charges
h. Net amount due
i. Customer name
Contract No.: DMS 250-000-09-1 Page 51
Before orders may be completed and invoicing from contractors or sub-contractors may
begin, a test must be successfully conducted using the billing data transmitted from the
contractor or sub-contractor to create an end-user invoice.
Over the life of the contract, changes to billing formats or data elements required by the
State may occur. Contractors and sub-contractors will be required to adhere to these
changes for all billing purposes.
5.10 Requests for Quotes.
Although not required, CUSTOMERS MAY COMPETITIVELY SET THE PRICE FOR ANY
PURCHASE BY INITIATING A REQUEST FOR QUOTES (URFQ") among the awardees
within a Category. An RFQ is an oral or written request for written pricing or service
information from a Contractor, for products available under the Contract from the
Contractor. When the RFQ process is used, Customers should create and maintain
written records of oral and written requests, and written quotes received. Where the RFQ
process is used, quotes should be in writing but otherwise informal, and need not be
received or posted publicly or at a particular time or place.
The RFQ process is not mandatory under this Contract but may be used solely at the
Customer's discretion.
5.11 Risk of Loss I Payments I Fees
a. Equipment Risk of Loss or Damage
The State shall be relieved from risks of loss or damage to all equipment during the
period of transportation, and installation of the equipment.
b. Payments
Payment for equipment will be processed upon the satisfactory completion of delivery,
installation, training, acceptance, and correct invoicing.
c. Other Fees & Charges
Contractor, and all sub-contractors shall not charge any additional fees, including but not
limited to, property taxes, delivery charges, pick-up charges, fuel surcharges, etc.
5.12 Price Reduction
The pricing shall not increase during the term of this contract. After a twelve (12) month
period, justifiable requests for a price decreases may be requested by DMS. Minimum
price decreases shall be based upon the Producer Price Index (PPI) for Industry:
Computer and Peripheral Equipment Manufacturers, as published by the U.S. Bureau of
Labor Statistics. Any (minimum) price decreases shall be based on the PPI (Series ID
PCU-3341)
The last published non-preliminary Producer Price Index for the month prior to
award/anniversary date of the contract will be the baseline for the beginning (old) PPI
Index. The most recent published Producer Price Index prior to the contract year to be
priced will establish the reference data for the new PPI Index.
Any de-escalation formula will be based on the change in the PPI Series ID PCU3341.
The formula is calculated by dividing the New PPI Index by the Old PPI Index to identify
the Price Reduction Rate. The Old Price is multiplied by the Price Reduction Rate to
Contract No.: DMS 250-000-09-1 Page 52
determine the New Price. This formula applies after Year 1 of the contract and on each
subsequent anniversary of the contract effective date.
Details on how this PPI has historically performed can be found at the Bureau of Labor
Statistics web site and following the below steps:
a. Go to BLS website: http://www.bls.gov/ppi/
b. Navigate to the "Get Detailed PPI Statistics" section
c. Select "Create Customized Tables (one screen)"
d. Click on the link titled "Industry Data"
e. Type "334" in the "Select An Industry" box for the Computer & Peripheral
Equipment Manufacturing category and hit the adjacent "Find" button.
f. Select "3341" in the "Select One or More Products" box and hit the adjacent
"Find" button. A table similar to the one shown will be created.
Series Id: PCU3341--3341--
Industry: & peripheral equipment mfg
Product: & peripheral equipment mfg
e Date:
195.2 193.5 192.5 190.9 187.5 186.8 184.7 183.6 181.1
177.9 175.3 175.1 174.8 171.2 169.8 169.5 168.6 168.2 167.2
165.0 164.3 163.0 162.1 161.6 161.8 161.0 160.9 160.9 160.5 159.4
157.0 155.7 155.6 154.9 153.9 153.3 150.5 150.4 149.8 149.0 148.4
144.7 143.8 143.2 142.8 141.6 139.2 136.9 136.1 134.7 132.9 132.1
127.8 126.3 126.1 125.0 124.5 123.5 122.5 122.4 120.7 119.7 118.6
117.8 117.4 117.2 116.8 115.7 115.5 114.7 113.9 113.6 111.7 111.7
110.2 109.5 109.2 108.3 108.0 107.5 107.3 106.4 105.9 105.6 104.9
172.8
162.2
153.1
139.5
123.9
115.4
107.8
104.2 104.0 103.2 102.8 102.1 101.7 101.1 100.6 100.3 100.1 100.0 102.1
.2 98.7 97.9 97.5 96.2 95.1 93.9 92.3 1.0 90.2 89.5(P) 94.3(P)
8.2(P) 87.8(P) 87.3(P)
P : Preliminary. All indexes are subject to revision four months after original publication.
Example:
Feb 2004 is the start date of the contract
Old PPI: Feb. 2004 PPI for Computer and Peripheral Equipment = 117.8
New PPI: Feb. 2005 PPI for Computer and Peripheral Equipment = 110.2
Original Discount is 35%
Price Reduction Formula:
New PPI / Old PPI = Price Reduction Rate (rounded to four decimal points)
"Old Price Discount %" -:-"Price Reduction Rate" = New Price Discount % (rounded to two
decimal points)
Calculation:
110.2 -:-117.8 = .9354 which equates to a Price Reduction Rate of 93.57%
35% -:-93.57% = 37.40 % New Price Discount Percent
Contract No.: DMS 250-000-09-1 Page 53
5.13 Additional Hardware and Services.
Contractors may offer and the State may purchase equipment or services as detailed on
the Pricing Spreadsheets in Attachment 1. When additional equipment or services are
proposed, a Product Change Form (Attachment 6) must be submitted to the Department.
OMS MUST APPROVE ANY EQUIPMENT, FEATURE, OR SERVICE PRIOR
TO ADDITION TO THE CONTRACT. ANY ADDITIONAL EQUIPMENT,
FEATURE OR SERVICE MUST BE INTEGRAL TO THE FUNCTIONALITY
OF EACH CONFIGURATION.
Percentage discounts for purchases for equipment must be consistent across all types /
models of equipment and associated services within the identified Category. For example,
if a 45% discount (off MSRP) is proposed for items within a category, then that same
percentage should apply to all types and models of equipment (and services) available
within that category (or minimally within that sub-category).
The ability to add equipment and services at a pre-determined (discounted) price is for the
convenience and benefit of the Customer. The intent of this option is to promote "one-stop
shopping" for the customer and to facilitate normal growth.
The Department reserves the right to prohibit the sale of any and all additional products
and services. Abuse of this additional hardware, software, and services option to complete
transactions for unauthorized commodities or services may be prosecuted under s. 858.22
F.S. or other applicable laws.
5.14 State of Florida Consolidated Equipment Financing Program (CEFP)
Financing is available to state agencies and state universities through the Department of
Financial Services for most types of purchases of $30,000 in value and higher. For further
details, go to http://fldfs.co!]1/aadir/cefp/
Contract No.: DMS 250-000-09-1 Page 54
6.0 TECHNICAL SPECIFICATIONS
6.1 CATEGORIES, ASSOCIATED PRODUCTS
6.2 GENERAL REQUIREMENTS
6.3 CATEGORY 1 -SERVERS I TERMINALS I THINCLIENTS
6.4 CATEGORY 2 -LAN I WAN INFRASTRUCTURE EQUIPMENT
6.5 CATEGORY 3 -FIREWALLSNPNS
6.6 CATEGORY 4 -STORAGE, TAPE, AND VIRTUAL TAPE INFRASTRUCTURE
6.7 CATEGORY 5 -UNINTERRUPTIBLE POWER SYSTEMS AND BATTERIES
Contract No.: DMS 250-000-09-1 Page 55
6.1 Categories, Associated Products
The Contract shall include hardware products grouped within the following categories:
Category Description
1 Servers, Terminals, ThinClients
2 LAN / WAN Infrastructure Equipment
3 Firewalls, VPNs
4 Storage, Tape, Virtual Tape Infrastructure
5 UPS, Surge Suppression, Batteries
Respondents may submit bids for any Category (or sub-category) in which they supply
equipment listed as an "Eligible Brand".
Contract awards may be made to one or more vendors in each category (or subcategory)
as determined by the Department to be in the best interest of the State.
6.1.1 Associated Products
During the term of the Contract, successful vendors (Contractors) may offer additional
hardware components or services normally associated with the product category, or
subcategory, they are authorized (upon contract award) to offer, provided:
1. they shall do so at the same or greater percentage price discount offered for the
items bid within that category or subcategory; and
2. the product does not fall within another category that the Contractor is not
authorized (via contract award) to offer; and
3. the additional products and services have been approved by the Department via a
Product / Service Form and routine approval process.
These "Normally Associated" items may only be purchased in conjunction with an
authorized contract hardware purchase. For example, a Contractor authorized to offer
Servers shall be able to provide optional CD-ROM drives, CPU upgrades, and other
standard system components. In this example, the Contractor shall not offer "Firewalls"
unless specifically authorized to do so either as a successful awardee of that (Firewall)
category.
Contractors may also offer at the same or greater percentage price discount and either
installed or uninstalled at the Customer's option, the software necessary to operate the
authorized hardware (i.e. operating systems, productivity suites, communications, etc.)
Contractors may also install pre-configured software loads provided by the Customer.
These additional hardware and software options are for the convenience and benefit of
Customers and Contractors. The intent of these options is to promote "one-stop shopping"
for both basic and enhanced systems. The Department reserves the right to prohibit the
sale of any and all additional products, and to terminate the Contract with the Contractor
(Vendor) if the Department determines, in its sole discretion, that the Contractor is abusing
these options to sell products it is not authorized to offer.
Contract No.: DMS 250-000-09-1 Page 56
In any "bundled offering," Customers are encouraged to review pricing carefully, to
purchase products that meet their needs at the lowest net delivered costs, and to report
any problems to the Contract Administrator.
The Department reserves the right to increase or decrease the number of authorized
hardware categories and subcategories as markets change and new technologies emerge.
6.2 General Requirements
Respondents shall submit pricing for each category (or subcategory) on the price sheets
included in Attachment 1. Each product or service must be bid with prices that include (AT
NO EXTRA CHARGE) all of the items in Section 6.2.1 below.
Respondents shall submit pricing for "Optional Support" listed below in Section 6.2.2 (in
each category or subcategory) or clearly identify that these are included (at no charge) in
the pricing spreadsheets for each category or subcategory in Attachment 1.
Respondents shall submit pricing for any "Category Specific Requirements" or "Category
Specific Optional Support" as outlined in each category in the pricing spreadsheets for
each category or subcategory in Attachment 1.
6.2.1 Standard Support Level for devices in ALL CATEGORIES includes:
a. Inside delivery, with buyer set-up and installation.
b. Minimum 1-year warranty for parts coverage and support
c. Maximum two (2) business days repair time, or replace with comparable
equipment (replace with new equipment during the warranty period)
d. Toll free telephone support and information.
e. (Minimum: Business days 8:00 a.m. to 6:00 p.m., Eastern Time).
f. Service response time minimum of 8 hours after receipt of problem call.
g. Access to all software or firmware updates installed or bundled with the product
for the term of the full warranty
h. 30-day money back guarantee, return to vendor, with no restocking fee or
comparable charge
6.2.2 Optional Support for devices in ALL CATEGORIES includes:
a. Dealer set-up and installation (unless required by Manufacture for "Certification"
prior to initiation of support)
b. Warranty upgrades may be purchased at time of purchase or any time afterwards
during the product life cycle.
c. Warranty service response upgrades; e.g., on site, 4 hour response, or next
business day.
6.2.3 Eligible Brands I Completeness of Line
Only "eligible brands" as noted in each category I subcategory will be evaluated
and considered for award.
"Eligible Brands" are those recognized by Gartner Group as technology leaders
within each category and are listed (by Gartner) in their "Magic Quadrants", Server
Evaluation Models (SEMs), "MarketScopes", or other research documents.
"Completeness of Line" means that a Vendor's offering is mature, and feature
rich. The product offerings (items) demonstrate strength in specific areas and
Contract No.: DMS 250-000-09-1 Page 57
have easy adaptability to other areas (or applications) within the category or sub-
category.
6.3 CATEGORY 1 Servers I Terminals I ThinClients
Eligible Brands in this Category are those recognized by Gartner Group as technology
leaders in their Server Evaluation Models (SEMs) research documents. They are: Apple, Bull,
Dell, Egenera, Fujitsu, HP, IBM, MPC/Gateway, NEC, Rackable Systems, SGI, Stratus, SUN,
UNISYS, and Verari.
6.3.1 Equipment Specifications and Sub-Categories
a. There must be a single discount rate applied to each server category and this
rate must apply to the all standard configuration components that include all
internal boards, components and peripherals as well as the keyboard and mouse.
b. The categories shall be defined as "entry", "mid-tier" and "enterprise" class
servers. Vendors are free to define which server belongs to which category.
However, such information must be readily available on the vendor's web site.
Any equipment listed under multiple categories shall be considered as being
priced under the category with the largest discount.
c. External peripherals, such as disk drives, tape drives, modems, CD ROM drives,
may be separately priced, but any of these components added internally into a
server unit configuration will be considered under that configuration's single unit
rate.
d. All internal components and peripheral attachments of the devices listed must be
covered under original equipment manufacturer warranty, and such coverage will
be assumed to be included in the Contractor's unit bid rates.
e. External peripherals and internal components purchased separately from a
server configuration must be priced under the category with the largest discount
under which those components could be sold.
f. Software bundled with the server may be included with the bid if normally
bundled with the Server hardware without an extra charge.
6.3.2 Category Specific Standard Support Level Requirements (in addition to those
listed in Section 6.1.1 above) for Servers, internal components and peripheral
devices include:
a. If Contractor fails to meet the maintenance response performance requirements,
the User reserves the right to invoke a credit or "chargeback" based upon the
cost of the item. This credit (chargeback) will be negotiated between both parties
at the time of occurrence.
b. On-site maintenance and support or wall-to-wall support agreements are not
covered under the terms of the hardware ITN and may not be included.
6.3.3 Category Specific Optional Support Requirements (to be priced for evaluation in
addition to those outlined in Section 6.1.2 above) includes:
a. Maintenance service billing based on Time and Materials basis. Time and
Materials based billing must be inclusive of all travel charges.
b. Dedicated Technical Account Manager that monitors and addresses various issues
that may arise.
6.3.4 Maintenance Service Reports
a. The Authorized User reserves the option to require the Contractor to furnish the
Authorized User with maintenance service reports for all maintenance requests.
Contract No.: DMS 250-000-09-1 Page 58
b. These maintenance service reports should be supplied upon completion of
maintenance whenever it is performed on the specified equipment.
c. The maintenance service reports shall include, as a minimum, the following data
for each request for service:
1. Date and time notified
2. Date and time of arrival
3. Description of malfunction reported
4. Diagnosis of failure and work performed
5. Date and time failure was corrected
6. Charges for the service, if applicable
7. Name of person performing the service
8. MTTA (Mean Time to Arrive)
9. MTTR (Mean Time to Repair/Restore)
6.4 CATEGORY 2 LAN I WAN Infrastructure Equipment
6.4.1 Wired LAN Equipment
Eligible production systems which may be bid shall be technology leaders as listed in the
Gartner Magic Quadrant for Campus LAN (Global), 2008 published on March 26, 2008.
They are: 3Com, Alcatel-Lucent, Cisco, Enterasys Networks, Extreme Networks, Force
10 Networks, Foundry Networks, HP Procurve, and Nortel Networks
6.4.2 Wireless LAN Equipment
Eligible production systems which may be bid shall be technology leaders as listed in the
Gartner Magic Quadrant for Wireless LAN Infrastructure, 2007 published on December
20,2007. They are: 3Com, Alcatel-Lucent, Aruba Networks, Bluesocket, Cisco, Colubris
Networks, Enterasys Networks, Extreme Networks, Extralcom, Foundry Networks, HP-
Procurve, Motorola, Trapeze Networks, and Xirrus
6.4.3 WAN Optimization Controllers
Eligible production systems which may be bid shall be technology leaders as listed in the
Gartner Magic Quadrant for WAN Optimization Controllers, 2007 published on
December 14, 2007. They are: Blue Coat Systems, Certeon, Cisco Systems, Citrix
Systems, Exinda Networks, Expand Networks, F5 Networks, Intelligent Compression
Technologies, Ipanema Technologies, Juniper Networks, Packeteer, Riverbed
Technology, Silver Peak Systems, and Stampede Technologies.
6.4.3.1 Other Requirements (WAN Optimization Controllers)
WAN Optimization products offered under this contract must include a hardware
based appliance or device. Products including VOIP, Telephony services,
traditional routing, switching or firewall capabilities are excluded from the WAN
Optimization category. Additional Control Center based software products may
not be bid in conjunction with the WAN Optimization product. Such products may
be included with the bid if normally bundled with the WAN Optimization hardware
without an extra charge.
Contract No.: DMS 250-000-09-1 Page 59
Awards will be made to responsive bidders offering the lowest net delivered prices for the most
complete line of devices in each category of Wired LAN, Wireless LAN, and WAN Optimization
devices.
Successful vendors in each category may offer support products which may be needed for
connectivity or operation where installed. Such products shall be offered under the same pricing
schedule (discounts, etc.) as the devices bid, and awarded in each category.
A product price list shall be submitted with each Vendor's bid showing list cost, applicable
discount, and the final State of Florida Price for each product or service offered. Use Attachment
1 to submit product pricing
6.5 CATEGORY 3 FirewallsNPNs
Eligible Production Systems which may be bid shall be those listed by Gartner Group in their Magic
Quadrant for Enterprise Network Firewalls, 2h07, published 13 September 2007. Those approved
to bid are: Juniper Networks, CheckPoint Software Technologies, Fortinet, Cicso, SonicWALL,
Stonesoft, NETASQ, phion, WatchGuard Technologies, Astaro, and Secure Computing.
Awards will be made to responsive bidders offering the lowest net delivered prices for the most
complete line Firewalls.
Vendors who bid and are awarded a contract in the "firewalls category" may offer support
products and maintenance contracts as needed. Such products shall be offered under the same
pricing schedule (cost plus/minus basis to the manufacturer's price list to that manufacturer's
largest volume dealers/resellers) as the Firewalls bid. A product price list shall be submitted
with the bid showing list cost, applicable discount, and the final State of Florida Price.
6.5.1 Product Tiers
Products will be available to support a variety of applications and office sizes based on
the following Tiers:
a. Small to midsized offices
b. Enterprise Systems
c. Large Enterprises
6.5.2 Category Requirements
6.5.1 General Requirements
a. purpose-built software and appliances for securing corporate networks
b. support for virtual private networks
c. support for virtual firewall platforms (virtual private servers)
d. a management and reporting capability that is designed for complex and high-
volume environments, such as multitier administration and rules/policy
minimization
e. having a good track record of avoiding vulnerabilities in their security products
f. be able to handle high throughput with minimal performance loss
g. manageable through a graphical user interface and a command line interface.
h. Granular security with the ability to define permissions to users based on access
requirements.
Contract No.: DMS 250-000-09-1 Page 60
i. The ability to use standard external authentication mechanisms. Examples of
these are certificates, RADIUS, Microsoft Active Directory and LDAP.
j. The vendor will supply frequent software and firmware updates as well as
frequent and automatic virus pattern updates and intrusion detection updates.
k. Products are available with multiple physical and logical interfaces
I. Products are available with integrated network switches.
m. The ability to control various types of traffic between interfaces using polices or
rules.
n. The ability to act as a DHCP server or to forward DHCP requests to a remote
DHCP server.
o. Products will have the ability to log traffic, access, attacks, etc.
p. The product should have the ability to upload log data to external syslog servers.
q. Products should have the ability to analyze traffic for viruses, malware and other
malicious traffic.
r. Products should support modern data types (protocols) such as VoIP, Video
Conferencing, etc.
s. a mix of products are available to support a variety of applications including small
to midsized offices, enterprise systems and large enterprises.
As a response to the requirements (a-s above) the State requires the Respondent to use
the Spreadsheets in Attachment 1 showing the equipment (product, item) proposed
MSRP price, State of Florida Discount, and final State of Florida Price. In addition,
Respondents shall make an easily identifiable notation on which of the requirements are
NOT MET within this category depending upon equipment (product, item) size, intended
use, etc.
6.6 CATEGORY 4 Storage, Tape, and Virtual Tape Infrastructure:
Eligible production systems which may be bid shall be those listed by Gartner Group in their Magic
Quadrant for Storage Resource Management and San Management Software, 2007, published 19
March 2007; the Gartner Magic Quadrant for mid Range Disk Arrays, 2h07, published 12 January
2008; or in the Gartner "MarketScope" for High-End Enterprise Disk Arrays, 2007, published 29
August 2007.
Approved to bid are: 3PAR, Akorri, BlueArc, Brocade, CA, Compellent, DataDirect Networks, Dell,
Dot Hill, EqualLogic, Fujitsu, Hitachi, HP, IBM, Intransa, LeftHand Networks, Network Appliance,
Nexsan Technologies, Northern Parklife, NTP Software, Onaro, Pillar Data Systems, SGI, SUN,
Tek-Tools, TeraCloud, Teradata, and Xiotech.
Awards will be made to responsive bidders offering the lowest net delivered prices and the most
complete solutions.
Vendors who bid and are awarded for Storage, Tape, and Virtual Tape Infrastructure (including
SAN) may offer support products, which may be needed for connectivity or operation. Such
products shall be offered under the same pricing schedule as would be offered to the
Respondents (manufacturer's) largest volume customers. The products price list shall be
included and submitted with the bid.
It is permissible to add additional infrastructure components, Disc Array Enclosures (DAE's) or
Just a Bunch of Discs (JBOD's) for expansion of existing Storage, or as apart of any new
Contract No.: DMS 250-000-09-1 Page 61
storage infrastructure as needed or required. Prices for these expansions shall be specified in
the price sheets in Attachment 1.
6.6.1 Category Specific Standard Support Level Requirements for Storage, Tape, and
Virtual Tape Infrastructure will include:
a. Inside delivery, with buyer set-up and installation -Note: If dealer setup and install is
required by the vendor in any capacity it must be included as part of the standard
support level.
b. Minimum 3 year exact or comparable replacement if no exact replacement is
available and repair warranty for all components. Replacement and repair parts
MUST be new parts and not refurbished.
c. Hard disk replacements do not require returning faulty disks, as they may contain
sensitive and confidential state data and tapes that may be stuck in tape drives
must be removed by the technicians supplied by the vendor before tape drive
hardware can be returned to the vendor as the tapes also hold confidential
information.
d. Service response time of 4 hours after receipt of call including part delivery and
onsite technician if needed or required.
e. A maximum two business days repair time, on site and/or after receipt of equipment
at repair facility. If unable to comply with in the repair window replacements with
exact or comparable equipment should occur immediately. Replacement and repair
parts MUST be new parts and not refurbished.
f. Toll free telephone support and information 24/7/365 days a year.
g. 60-day money back guarantee, return to vendor with vendor paid shipping, with no
restocking fee or comparable charge. Replacements for damaged equipment
(received upon delivery) will be shipped within 2 business days. Vendor will be
responsible for any costs including shipping to return damaged hardware or receive
replacement hardware.
h. Automated Email/Modem connectivity for fault notification.
6.6.2 Category Specific Optional Support Requirements which may be bid under the
Standard Support Level includes:
a. Dealer set-up and installation -If this is required by the dealer to certify the
operation, technical, or non technical support of equipment then it MUST be
included in the standard support level.
b. Warranty upgrade, (beyond 3 years) to the End of Life of the hardware. Warranty
upgrade may be purchased at time of purchase or at any time during the warranty
period. Storage Components can in some case span generations of hardware.
Warranty extensions to these parts would then inherit the support time frames of the
upgraded core hardware.
c. Warranty service response upgrade; e.g., on site 2 hour response.
d. Yearly health checks should be considered as possible additions to the standard
support level.
e. A dedicated Technical Account Manager that monitors and addresses various
issues that may arise.
6.6.3 Category Requirements
6.6.3.1 Storage Enterprise Tier:
a. Storage Devices must support RAID 0, 1, 3, 5, 6, 10, 50, 60
Contract No.: DMS 250-000-09-1 Page 62
b. Must have redundant paths to devices.
c. Must have redundant power supplies or N+1 configuration.
d. Must have modular power 110-220.
e. Redundancy in Storage Processors.
f. Hot firmware upgrades.
g. Ability to do data in place upgrades.
h. Automatic Cache protection, (such as Cache De-staging to Disk.)
i. Replication and Snapshot capabilities within Array.
6.6.3.2 Storage Mid Tier:
a. Storage Devices must support RAID 0,1,5,10
b. Must have redundant paths to devices.
c. Must have redundant power supplies or N+1 configuration.
d. Must have modular power 110-220.
e. Redundancy in Storage Processors.
6.6.3.3 Storage Entry Tier:
a. Must have redundant power supplies or N+1 configuration.
b. Must have modular power 110-220.
c. Must run off of a dedicated RAID Card if Direct Attach Storage (DAS)
attached to Network Attached Storage (NAS).
6.6.3.4 Enterprise Tier Tape Devices:
a. Tape and Virtual Tape devices must support encryption.
b. Tape and Virtual Tape devices must support several Backup Applications:
BackupExec, CommVault Galaxy, Legato Networker, NetBackup, etc.
c. Must have N+1 power configuration
d. Must have modular power 110-220.
e. Must have redundant paths to hardware.
f. Must have automatic email fault notification.
6.6.3.5 Mid and Entry Tape Devices
a. Tape and Virtual Tape devices must support encryption. Tape or Software
b. Tape and Virtual Tape devices must support several Backup Applications:
BackupExec, CommVault Galaxy, Legato Networker, NetBackup, etc.
c. Must have Modular power 110-220
6.7 CATEGORY 5 Uninterruptible Power Systems and Batteries
Awards will be made to responsive bidders offering the lowest net delivered prices for the most
complete line of uninterruptible power systems, surge protectors, and batteries.
Vendors who bid and are awarded uninterruptible power supplies may offer support products,
which may be needed for connectivity or operation where installed. Such products shall be
offered under the same pricing schedule as would be offered to the Respondents
(manufacturer's) largest volume customers. The products price list shall be submitted with the
bid.
6.7.1 Category Specific Standard Support Level Requirements for Uninterruptible Power
Systems include:
Contract No.: DMS 250-000-09-1 Page 63
a. Minimum 2-year replacement or repair warranty (or manufacturer standard warranty
if greater than 2-years), with return-to-factory, service center, or vendor.
b. Service response time of 4 hours after receipt of call
c. Maximum two (2) business days repair time, after receipt at repair facility, or replace
with Comparable equipment (replace with new equipment only during warranty
period).
6.7.2 Category Specific Optional Support Requirements which may be bid under the
Standard Support Level includes:
a. Warranty upgrade, beyond year 2 (to 5-years or beyond). Warranty upgrade may
be purchased at time of UPS purchase or at anytime during the warranty period.
b. Warranty service response upgrade; e.g., on site, 2 hour response, or next business
day.
6.7.3 Category Requirements
a. Provides power capacity and run time for connected equipment that
require battery back-up while providing surge only protection for less
critical equipment
b. Able to correct low and high voltage conditions without using the battery.
c. Provides protection of connected equipment from power surges on the
data lines.
d. Protects connected loads from surges, spikes, lightning, and other power
disturbances.
e. Provides notification of changing utility power and UPS conditions.
f. Unit must automatically start up the connected equipment upon the return
of utility power.
g. Unit must provide options for rack mount or stand alone to meet facility
requirements
h. Unit must be a true online sine wave system
i. Unit shall support 3-Phase In
j. Unit must provide battery self-test to ensure early detection of a battery
that needs to be replaced.
k. Unit must support hot-swappable battery modules where applicable.
I. Unit must have system and power status visual indicators.
m. Unit must provide temporary battery power when the utility power is out.
n. Unit must ensure clean, uninterrupted power to protected equipment while
batteries are being replaced
o. Unit must provide a quick recovery from overload events.
p. Unit must protect equipment with input transformer blocks without
blocking access to other receptacles.
q. Unit must provide the ability to adapt the UPS for optimal performance in
specific power environments or generator applications.
r. Unit must provide for maximum useful battery life by widening the input
voltage window or tightening the output voltage regulation.
s. The UPS solution shall have built-in maintenance bypass mechanism
t. The UPS solution shall have built-in surge suppression capability
u. The UPS solution shall provide a modular growth design with N+1
redundancy.
As a response to these requirements (a-u above), the State requires the Respondent to
supply a matrix showing the equipment (product, item) proposed, MSRP price, State of
Contract No.: DMS 250-000-09-1 Page 64
Florida Discount, final State of Florida Price. In addition, Respondents shall provide
simple notation on which of the requirements are NOT MET depending upon equipment
(product, item), size, intended use, etc.
6.7.4 Battery Capacity
At a minimum, the Respondent shall quote a system with sufficient battery capacity to
provide a run time of fifteen (15) minutes at 100% load and thirty (30) minutes, or more,
at a 50% load or match the facility's current capacity levels.
Contract No.: DMS 250-000-09-1 Page 65
7.0 ATTACHMENTS
ATTACHMENT 1 PRICING SPREADSHEETS
ATTACHMENT 2 ELECTRONIC INVOICING REQUIREMENTS
MyFloridaMarketPlace (MFMP)
ATTACHMENT 3 ORDERING INSTRUCTIONS FORM
ATTACHMENT 4 EVALUATION FORM
ATTACHMENT 5 CERTIFICATION OF DRUG-FREE WORKPLACE PROGRAM.
ATTACHMENT 6 PRODUCT UPDATE FORM
Contract No.: DMS 250-000-09-1 Page 66