Loading...
HomeMy WebLinkAboutSpecial ConditionsSPECIAL CONDITIONS PURPOSE The purpose of this Invitation to Bid is to establish a 24 month contract for the purchase of Microsoft License and Maintenance by all State of Florida agencies and other eligible users in accordance with Eligible Users paragraph, General Conditions. It is anticipated that the contract will be effective from April I, 2000 through March 31, 2002. OPTIONAL CONTRACT USAGE In addition to the eligible users referenced above with the consent of the successful Bidder(s) purchases may be made under the terms and conditions of this Invitation to Bid, by government entities located outside the State of Florida. Appropriate governmental entities' purchasing laws, rules and regulations shall apply to purchases made under this contract. ESTIMATED QUANTITIES It is anticipated that the State of Florida agencies, and other eligible users, will expend approximately $8,000,000 per year under any contract resulting from this Bid. These estimated figures are given only as a guideline for preparing your Bid and should not be construed as representing actual figures under the contract. PURCHASES UNDER $2,500 Agencies have the option to purchase from non -contract vendors provided the cost is below $2,500. State agencies are encouraged to use the State Visa Purchasing card for all purchases under $2,500. SPECIAL ACCOMMODATIONS 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 the Division by using the Florida Relay Service, which can be reached at 1 (800) 955- 8771 (TDD). TECHNICAL SPECIFICATIONS 1. The software specified in this bid will be installed by the end users. 2. All bids must provide a manufacturer's cost plus percentage based on the Microsoft products to a qualified Microsoft Large Account Reseller. 3. The bidder must bid the Latest version of all software. 4. Options to purchase Microsoft's official documentation and diskettes must be included In bid; 3-1/2" and CD-ROM disk sets, per product pool (Applications, Systems, Server), as applicable. 5. Products and upgrade advantage to be bid under the MASTER AGREEMENT include all software offered under MICROSOFT CORPORATE SELECT and MICROSOFT EDUCATION SELECT. 6. Competitive upgrade products available to the end users are listed on the Microsoft Select Price List, as referenced on the Manufacturer's Certification. 7. The price list referenced on the Manufacturer's Certification, based on the Microsoft Government Select MVLP-D 50,000 unit level; and Microsoft Education Select MVLP-A designation, will be used for the purpose of this bid and resultant contract. 5 8. Upgrade Advantage - Three (2) year upgrade advantage will be offered for this bid and resultant contract. 9. Options to purchase all Microsoft products under Microsoft Select License and Upgrade Advantage; Microsoft Education Select. 10. Option to purchase both 3-1/2" and CD-ROM must be included. Vendors shall bid Microsoft diskettes. 11, The MASTER AGREEMENT includes all software listed in the referenced Manufacturer's Certification. 12. Product order confirmation, which includes a hard copy document of the number and type of license ordered shall be supplied to the ordering agencies with their invoice. 13. Large Account Reseller must have at least 5 members certified through the Microsoft Certified Professional Program at the level of Certified Systems Engineer + Internet, Certified Systems Engineer, Certified Database Administrator, Certified Solution Developer, Certified Professional + Site Building, Certified Professional + Internet, Certified Professional, or Certified Trainer currently on their Staff. The Large Account ReseIler must also have at least 15 members certified through the Microsoft Sales Certification Training Program to allow for State of Florida Account Coverage, and Microsoft Trained Sales force for selling products. Copies of the Certificates must be included in the bid submittal. Failure to do so will result in bid rejection. 14. Reseller must have at least one Microsoft Sales Certified staff member available Monday through Friday, 8:00 a.m. to 6:00 p.m. EST on weekly except for State of Florida holidays to answers phone calls and questions. 15. All certifications required in this bid must be completed and returned with your bid. Failure to comply with this requirement shall result in disqualification of bid. In the event a bid is submitted by other than the equipment manufacturer, a certification executed by the manufacturer shall be required stating the bidder is an authorized representative of the manufacturer. The manufacturer's certification must be executed by the manufacturer's representative authorized to bind all the manufacturer's branches, dealers/resellers, and/or service establishments. Dealers/resellers are not authorized to sign this certification on behalf of the manufacturer. Failure to submit this certification with your bid shall result in disqualification of the bid. 16. UPGRADE ADVANTAGE Upgrade Advantage, under Microsoft's MASTERS' AGREEMENT includes: Master upgrade to include one master of each version of software for which upgrade advantage maintenance has been purchased. Master Interim Releases and software change notices for software for which upgrade advantage has been purchased. DELIVERY REQUIREMENTS All prices bid shall include delivery to purchaser within 30 days. 6 DELIVERABLES The vendor shall guarantee that the contracting agency will be granted unlimited rights to reproduce, for the agency's use, materials and reports specifically developed for the department's requirements. If the vendor contemplates use of materials that are copyrighted, and charging a licensing fee for the right to reproduce or use such materials, the proposed cost of such a license shall be clearly presented by the vendor. Such information shall also be included in any material presented in response to later specific requests for services. PRICES All current and future Microsoft Software Licenses shall be sold under the MICROSOFT SELECT MASTER AGREEMENT and MICROSOFT EDUCATION SELECT MASTER AGREEMENT, for the term of the contract. Response shall be submitted in the form of % off list for software listed on the designated manufacturer's product/price list. The prices and percentage (%) discount offered with the bid shall be firm against any increase for the entire term of this contract and any renewals thereof. New products may be added if approved by State Purchasing, utilizing the same percentage discount originally bid, based on the manufacturer's price in effect at the time the new product is offered. CONTRACT PRICING On any contract where pricing is based on a Manufacturer's or Dealer's published price list (net or discounted), the price list must be provided by the respondent as part of the package in hard copy, and on a 3.5 inch diskette as a Word or Excel document. Any subsequent revisions shall be submitted in the same format to State Purchasing Contract Administrator, for review and approval prior to implementation. Updates may be submitted by e-mail or diskette. The Contract resulting from this negotiation will become a public document. The State of Florida, State Purchasing is using the Florida Communities Network (FCN) on the Internet World Wide Web (WWW) to distribute State Term Contracts and product information. Each Contract Vendor shall develop and maintain a State Contract Web Page on the Internet WWW to post the State Contract prices. This site must be dedicated to the State of Florida Contract, Access to the site and its information cannot be password protected. The Page must be compatible with the most recent version of browser software being used by State Purchasing. As of the writing of this solicitation, Netscape Navigator 3.0 is the State Purchasing Browser standard. State Purchasing intends to upgrade to a new browser version as it becomes available and fully tested, at its discretion. State Contract Page must be as follows: > Solely for current contract pricing > Additional links or information may be placed on the left edge of the screen to access additional product literature, the vendor's home page, the history of the company, etc. ➢ The center of the screen contains information and pricing that relates to only the terms on the contract being served. > The Universal Resource Locator CURL) for the Internet Page must be supplied to Purchasing prior to the implementation of the contract. Failure to follow the above specifications as required in this section will be grounds for the link being broken from the State Contract and may be grounds for removal from the contract. Due to the short time between award & when the vendor must take ownership of the contract, the State is willing to place the pricing on the State's system until May I, 2000 provided the vendor supplies the pricing and product list in Word with preset tabs to indicate part number, description, & Florida State Price. Diskette must be formatted as: • "Word for Windows" • Font: Times New Roman 12 • Preset tabs only • Margins: .5 Left and .5 Right, .5 Top and 1.0 Bottom • Portrait only -no landscape • No Tables • No Headers or Footers • No Excel Files QUANTITY DISCOUNTS Bidder is urged to offer additional discounts for one time delivery of large single orders of any assortment of items in the space provided on the price sheets. Such discounts will not be considered in evaluation of bid. SALES PROMOTIONS A contractor, during the term of the contract, may lower prices of products on the contract, for a specified period of time. The contractor shall document sales promotions to and receive approval of the Division of Purchasing, prior to offering sales promotions to contract users. Documentation of sales promotions shall specify starting and ending dates of the promotion, specify list prices and promotional prices, and shall contain a statement that the promotional prices are available to all contract users. Sixty (60) days is established as the minimum period of time for which a sales promotion can be offered. Sale pricing shall be made available on contract items only and promoted to all users of the contract. Evidence of offering of a sales promotion to a contract user prior to the submittal to and approval of the Division of Purchasing shall subject the contractor to removal from the contract. NO SUBSTITUTIONS The types/versions of software specified in the Invitation to Bid are compatible with other systems/software currently installed. Therefore, NO SUBSTITUTES ALLOWED. Compatibility with existing software allows for warehousing of supplies as well as technical and upgrade advantage support peripheral software. AUTHORIZED DEALERS/DISTRIBUTORS AND/OR SERVICE LOCATIONS: On any contract where orders will be directed to Authorized Dealers/Distributors or listing Service Locations, this information shall be provided by the BIDDER as part of the Bid package in hard copy, and on a 3.5 inch diskette in a Word for windows or Excel file. Any subsequent revisions shall be submitted in the same format to the DOP CONTRACT ADMINISTRATOR, for review and approval prior to implementation. Failure to submit the information required in this section will be grounds for disqualification of your Bid and/or removal from any resulting contract. NOTICE TO CONTRACTOR The employment of unauthorized aliens by any contractor is considered a violation of section 247A(e) of the Immigration and Nationalization Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. 8 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in f.s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. SURCHARGE FEE AND SUMMARY OF TOTAL SALES Division of Purchasing hereby imposes a vendor surcharge fee of .5% (1/2 of 1%) on contractors' sales under any contract resulting from this negotiation. The fee will be paid by the contractor and must be included in submitted prices and cannot be added as a separate item. Use of this contract will be optional by State Agencies. If a State Agency elects to purchase from a source other than the resulting State contract, such purchases shall be in accordance with Chapter 287, F.S., and 60A Florida Administrative Code. After receipt of payment from the contract purchases, all vendor surcharge fees shall be payable to the State of Florida no later than 15 days after the end of each quarter. Vendor surcharge fee and contract number should be noted on the check and remitted to: State of Florida Department of Management Services P.O. Box 5438 Tallahassee, FL 32314-5438 Contract supplier shall furnish Division of Purchasing a detailed summary of sales at the end of each quarter. By submission of these Sales Summary reports and corresponding vendor surcharge deposits, the contractor(s) is certifying their correctness. All such reports and fee deposits shall be subject to audit by the State of Florida. Summary information shall be provided each quarter and shall include the following: A. State Contract Number B. Identity of purchaser C. Total sales per quarter and year-to-date Failure to comply with these requirements will result in the contract supplier being found in default, in 'which case any and all re -procurement costs and all outstanding vendor surcharge fees may be charged against the defaulting contractor and may result in immediate, unilateral cancellation of your contract by Division of Purchasing. RESPONSIBILITIES The successful bidder shall act as "Agent of Record" during the term of the contract and shall maintain and update the licensing records of each eligible agency that purchases from the resultant contract. If an Enrollment Form is required by Microsoft, the bidder will be responsible to contact each agency, upon receipt of that agency's initial purchase order to have the agency complete the form. In turn, the agencies shall designate a Iiaison to maintain pertinent records and inform the Agent of Record of any changes. WARRANTY Contractor shall warrant software media and documentation against defects in workmanship for one (1) year. 9 YEAR 2000 COMPLIANCE For purposes of this Year 2000 warranty, the term "Product" shall include software, firmware, microcode, hardware and embedded chip technology. Vendor warrants that the Product is Year 2000 Compliant. All versions of the Product offered by the vendor and purchased by the State, for which Vendor is obligated to provide maintenance service are, and in the future, will be, Year 2000 Compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information before, during, and after January 1, 2000, including accepting date input, providing date output, and processing dates; function before, during and after January 1, 2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following Jan 1, 2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on and after the leap year date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. The duration of this warranty and the remedies available to the State for breach of this warranty shall be as defined in, and subject to, the terms and limitations of any general warranty provisions of this contract, provided that notwithstanding any provision to the contrary in such warranty provision(s), or in the absence of any such warranty provision(s), defects in the Product with regard to Year 2000 Compliance, if any, will be corrected by Vendor at Vendor's cost within a timeframe mutually agreed upon with the State. Vendor cannot be held responsible for errors resulting from devices or systems external to this contract which are permitted to directly access any database provided under this Agreement and overwrite Product date fields or from the users' improper integration of non -Year 2000 Compliant systems. Nothing in this warranty shall be construed to limit any rights or remedies the State may otherwise have under this contract with respect to defects other than Year 2000 performance. REMEDY CLAUSE: In the event of any decrease in product functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating beyond the Millennium Date Change, Licensors and Vendors of Licensors products, agree to immediately make required corrections to restore hardware and software programs -to the same level of functionality as warranted herein at no charge to the licensee, and without interruption to the ongoing business of licensee, time being of the essence. RESELLERS: All products bid under this bid/contract will b&Year 2000 compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information before, during, and after January 1, 2000, including accepting date input, providing date output, and processing dates; function before, during and after January 1, 2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following Jan 1, 2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on and after the leap year date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. Resellers may provide a "pass through warranty" from the manufacturer/software developer, which meets all the warranty requirements by the State, and which shall include all other warranties provided by the manufacturer or software developer. Reseller shall be responsible for warranty assurance, assistance, enforcement and any other actions or remediation, required to satisfy warranty requirements. 10 COMPENSATION The contractor must provide all services required to meet the provisions of the contract. In calculating cost, services include, but are not limited to, consultative services, copyright fees, materials and equipment rentals. Travel expense, if authorized under the provisions of this agreement, shall be submitted in accordance with Section 112.061, Florida Statutes. No reimbursement is available to the contractor beyond the amount agreed and provided for in Sections 112.061 and 287.058, F.S. VISA ACCEPTANCE The State of Florida has implemented a purchasing card program, using the Visa platform. Vendors may receive payment from state agencies by the purchasing card in the same manner as other Visa purchases. Visa acceptance is mandatory but is not the exclusive method of payment. Please indicate your ability to accept Visa in the space provided on the Ordering Instruction sheet of the Bid. INSURANCE, WORKERS' COMPENSATION The contractor shall take out and maintain during the life of this agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is sublet, the contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the contractor. Such insurance shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Workmen's Compensation statute, the Contractor shall provide, and cause each sub -contractor to provide, adequate insurance, satisfactory to the Purchaser, for the protection of his employees not otherwise protected. AWARD Award will be made to the responsive responsible bidder offering the highest percentage discount resulting in the lowest net delivered price statewide, to a single Large Account Reseller (USA). The Government Select Agreement price is based on MVLP-D 50,000 unit level. The Education Select Agreement is based on 1000 units. The award will be based on the lowest net delivered cost offered using the following formula: 85% for Government Select Agreement discount plus 10% for Education Select Agreement discount plus 3% for Media discount plus 2% for Documentation discount equals the highest award discount. All other provisions of Awards paragraph, General Conditions, shall prevail. 11