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Admin Minnesota Materials Management Division Room 112 Administration Bldg., 50 Sherburne Ave., St. Paul, MN 55155; Phone: 651.296.2600, Fax: 651.297.3996 Persons with a hearing or speech disability may contact us through the Minnesota Relay Service by dialing 711 or 1.800.627.3529. DATE: AUGUST 12, 2013 CONTRACT RELEASE: C-1084(5) TEMPORARY PRICE REDUCTION IN EFFECT- SEE BELOW. PRODUCT/SERVICE: COMPUTERS: MICROSOFT SURFACE, ACCESSORIES, AND HARDWARE CONTRACT PERIOD: FEBRUARY 21, 2013 THROUGH DECEMBER 31, 2014 EXTENSION OPTIONS: UP TO 36 MONTHS ACQUISITION MANAGEMENT SPECIALIST: LUKE JANNETT PHONE: 651.201.2446 CONTRACT VENDOR MICROSOFT, INC. One Microsoft Way Redmond, WA 98052 E-MAIL: luke.iannett cr state.mn.us WEB SITE: www.mmd.admin.state.mn.us VENDOR NO.: 0000207607 CONTRACT NO. 0000000000000000000057647 TERMS NET 30 DELIVERY ARO ORDERING INFORMATION — Store Hours: 10 A.M. to 9:30 P.M. (pdf PO's to email address, no fax nun'i6er) CONTACT: Michael Meirovitz CONTACT: Toni Burger PHONE: 651-808-5023 EMAIL: michmei a(�.microsoft.com PHONE: 952-487-7372 (store) PHONE: 1-650-693-2794 EMAIL: tom.burper(a�microsoft.com TECHNICAL SUPPORT — 7 A.M. —12 A.M., PHONE: 1-877-696-7786 Physical Store Address: Microsoft Store @ Mall of America 162 South Avenue Bloomington, MN 55425 CONTRACT USERS. This Contract is available to State agencies and to members of the Venture (CPV) program at the same prices, terms, and conditions. STATE AGENCY CONTRACT USE. This Contract does not prohibit State agencies from purchasing authority to procure similar products and services from other vendors. State's Cooperative Purchasing using their delegated local Contract Release 9 (07/08) Page 1 of 5 Contract Release: C-1024(5) AGENCY ORDERING INSTRUCTIONS. Orders are to be placed directly with the Contract Vendor or with the Contract Vendor authorized resellers shown on this Contract Release. State agencies should use a Contract release order (CRO) or a blanket purchase order (BPC). The person ordering should include his or her name and phone number. Orders may be submitted via fax. All orders must include the State Contract Number 22523, and the WSCA Contract No. B27161. SERVICE CERTIFICATION FORM REQUIREMENTS. Pursuant to Minn. Stat. § 16C.09, agencies must complete a "Service Contract Certification Form" prior to issuing an order for services offered from this Contract. IT ACCESSIBILITY. When agencies are making purchasing decisions, the purchasing entities are responsible for evaluating the accessibility of IT products in accordance with the State of MN IT Accessibility standards that incorporate both Section 508 standards and Web Content Accessibility Guidelines 2.0 level 'AA' standards. This contract requires vendors to provide accessibility information, known as VPATs, for the products available through this contract. It is the purchasing agency's responsibility to request, collect, evaluate, and make a purchasing decision in compliance with these state laws. SPECIAL TERMS AND CONDITIONS MN STANDARDIZATION OF COMPUTER TECHNOLOGY. The State has established standard specifications for computer desktops, notebooks, tablets, and monitors. Each State standard specification has a list of upgrade options that allows agencies to customize configurations for their needs. The Office of Enterprise Technology (OET) and the Department of Administration have approved the implementation of these standards as a mandatory requirement for state agencies. The current standard specifications, upgrade options, and pricing can be found by going to the Minnesota State Store at the website listed above, and then clicking on MN Standard Configurations. Please note that non-standard PC configurations, handheld PCs and peripheral equipment, must go through the OET exception process before the item can be ordered from the Contract Vendor. FREIGHT/SHIPPING TERMS SEVEN COUNTY METRO AREA AND GREATER MINNESOTA. Prices are FOB Destination, freight prepaid and allowed (the Contract Vendor is not allowed to invoice freight charges.) MINIMUM ORDER. NONE UNSPC INFORMATION: LINE LINE 1 LINE 2 LINE 3 CATEGORY CODE 43211500 81111812 43211600 DESCRIPTION Computer Tablet Extended Warranty Computer Accessories Contract Release 9 (07/08) Page 2 of 5 Contract Release: C-1024(5) TEMPORARY PRICE REDUCTIONS THROUGH AUGUST 30, 2013 DETAILED BELOW: 1 YEAR LIMITED HARDWARE WARRANTY WITH 90 DAYS TECHNICAL SUPPORT INCLUDED. GROUND SHIPPING ALSO INCLUDED. EDUCATION ONLY TEMPORARY PRICE REDUCTIONS: Hartfmtara Product Description* EDU Contract Price ** Surface RT 32GB $1913.00 Surface RT 32GB with Brack T ; r $245.00 •Sut dice RT 64GB with ErackTouch Cover $549.0f3 Surface Pro ' ' wit Pee** $795.00 Sur. doe Pm 12BB with Pee** $899.00 STATE CONTRACT TEMPORARY PRICE REDUCTIONS: Hardware :Product Description * State ,Contract Price ** Surface RT 32GB $349.00 S449.00 Surface RT.32GB with Brack Touch Cover Surface RT 64GB with Brack Touch Cover S549M0 Surface PTO 64G8 With Pen*** $799.00 Surface Pro 123GB with pen*** - S399.00 CONTRACT USERS THAT PURCHASED PRO'S MAY BE EILGIBLE FOR $100 CREDIT ON PAST SALES DEPENDING ON DATE OF SALE. CONTACT MICROSOFT AS DETAILED HEREIN TO CONFIRM ELIGIBILITY. Contract Release 9 (07/08) Page 3 of 5 Contract Release: C-1024(5) FOR PURCHASES OCCURING PRIOR TO AUGUST 30, 2013, SEE ABOVE FOR TEMPORARY PRICE REDUCTIONS IN CURRENTLY EFFECT. PRICING 1. Surface RT and Surface PRO Pricin Hardware Product Description State* Contract Price Maintenance (3 Year Warranty)** Surface RT 32GB $499.00 $150.00 Surface RT 32GB with Black Touch Cover $599.00 $150.00 Surface RT 64GB with Black Touch Cover $699.00 $150.00 Surface Pro 64GB with Pen $899.00 $200.00 Surface Pro 128GB with Pen $999.00 $200.00 *Includes shipping, one year warranty on hardware and 90 days technical support ** Does not include accidental damage protection (ADP) 2. Accessory and Peripheral Pricin Hardware Product Description State* Contract Price Warranty Period Surface Touch Cover Black D5S-00001 (RT and Pro) $119.99 1 year limited hardware warranty Surface Touch Cover White D5S-00002 (RT and Pro) $119.99 1 year limited hardware warranty Surface Touch Cover Red D5S-00003 (RT and Pro) $119.99 1 year limited hardware warranty Surface Touch Cover Cyan D5S-00004 (RT and Pro) $119.99 1 year limited hardware warranty Surface Touch Cover Magenta D5S-00005 (RT and Pro) $119.99 1 year limited hardware warranty Surface Type Cover Black D7S-00001 (RT and Pro) $129.99 1 year limited hardware warranty Surface HD Digital AV Adapter Z2S-00001 (RT only) $39.99 1 year limited hardware warranty Surface VGA Adapter W7S-00001 (RT only) $39.99 1 year limited hardware warranty Surface 24W Power Supply Q6T-00001 (RT only) $39.99 1 year limited hardware warranty Incipio Nylon Sleeve Black DAF-000147 $38.99 Manufacturer's limited lifetime guarantee Incipio Nylon Sleeve Red DAF-000148 $38.99 Manufacturer's limited lifetime guarantee Incipio Nylon Sleeve Cyan DAF-00149 $38.99 Manufacturer's limited lifetime guarantee Contract Release 9 (07/08) Page 4 of 5 Contract Release: C-1024(5) Incipio Nylon Sleeve White DAF-00150 $38.99 Manufacturer's limited lifetime guarantee Incipio Nylon Sleeve Magenta DAF-00151 $38.99 Manufacturer's limited lifetime guarantee Incipio SFO Sleeve Black DAF-00137 $34.12 Manufacturer's limited lifetime guarantee NIXON Surface Sleeve Black DAF-00152 $48.74 Manufacturer's limited lifetime guarantee Incipio Surface Screen Protector DHF-00745 $19.49 Manufacturer's limited lifetime guarantee *Includes shipping. 3. Volume Discounts perOrder. Units Discount 1-10 0% 11-25 5% 26-50 7.50% 51+ 10% These discounts are applied per order on the cost of total order, including any accessories and warranties. A Unit is defined as Surface RT and/or a Surface Pro device. REVISIONS: REVISIONS: 8.12.2013 purchases. Added notification of temporary price reductions and edibility for $100 credit on eligible past Contract Release 9 (07/08) Page 5 of 5 �h innesnta MATERIALS MANAGEMENT DIVISION Cooperative Purchasing Venture July 31, 2013 Marco Sanchez City of Miami 444 Sw 2nd Ave Miami, FL 33130 On behalf of the Materials Management Division (MMD), welcome to the Cooperative Purchasing Venture (CPV) program. Enclosed please find one copy of the Cooperative Purchasing Agreement (two-sided form). Any previous agreement is void. The agreement becomes effective after signature by both parties, and remains in effect until canceled by either party (with 30 days written notice). PLEASE HAVE THE AGREEMENT SIGNED BY AN AUTHORIZED PERSON AND RETURN THE ORIGINAL TO SHERRY BROWN. A FULLY EXECUTED COPY WILL BE SENT TO YOU FOR YOUR RECORDS. Along with your executed copy, you will receive your CPV permit number/security access code. Your access code enables you to utilize MMD's website to access information on all contracts available to CPV members. When placing orders with contract vendors, be sure to reference the applicable State of Minnesota contract number to ensure you receive the State contracted pricing. If you have any questions regarding registration, please call me at 651.201.2404. If you have any questions regarding contract information, please call the MMD HelpLine at 651.296.2600. Sincerely, fq. Sherry L. Brown Business Administrator Enclosure 112 Administration i3uilding / 50 Sherburne Avenue / St. Paul, MN 55155 Phone: 651.201.2404 / Fax: 651.297.3996 / Email: Sherry.Brown@state.mn.us Persons with a hearing or speech disability may contact us by calling Minnesota Relay at 711 The Department of Administration is an Equal Opportunity Employer MATERIALS MANAGEMENT DIVISION Cooperative Purchasing Venture COOPERATIVE PURCHASING AGREEMENT Under the Authority of Minnesota Statutes § 16C.03, Subdivision 10 and Minnesota Statutes § 471.59, Subdivision 1 This Joint Powers Agreement is between the State of Minnesota, through its commissioner of Administration, Materials Management Division ("Division") and CITY OF MIAMI ("Authorized Entity"). Pursuant to Minn. Stat. § 16C.03, subd. 10, the Division acquires various supplies, commodities, equipment, and services for state agencies and governmental units (as defined in Minn. Stat. § 471.59, subd. 1) through competitive bidding or requests for proposals. The Division, through Minn. Stat. § 16C.11, and the Authorized Entity wish to combine their purchasing functions, as specifically provided below, so that the Authorized Entity may avail itself of the prices which have been agreed upon by the Division and its vendors. The parties agree as follows: 1. Term. This joint powers agreement will be effective on the date State obtains all required signatures under Minn. Stat. § 16C.05, subd. 2, and remains in effect until canceled by either party upon 30 days' written notice to the other party. 2. Services. The Division will make its contracts for commodities and services, as listed on the State of Minnesota's Contract Index, available to the Authorized Entity. 3. Use of Division Contracts. To purchase commodities or services from the Division's contracts, the Authorized Entity must issue a purchase order in accordance with the terms and conditions of the Division's contracts and any requirements applicable to the Authorized Entity's governing body. The Authorized Entity must send purchase orders directly to the applicable vendor and will make payments directly to the vendor in accordance with its established procedures and terms of the Division's contract. The Authorized Entity will not use the goods available under the Division's contracts for the purposes of resale. The Authorized Entity must be the end user of the goods purchased. 4. Liability. The Authorized Entity agrees that neither the Division nor its employees personally assume responsibility or liability for any amounts due or claimed to be due pursuant to any purchase order entered issued by the Authorized Entity. The Authorized Entity will indemnify, save and hold harmless the Division and its employees from any Toss, damage or MMD-CPV Agreement la COOPERATIVE AGREEMENT CREATING COOPERATIVE PURCHASING VENTURE MEMBERSHIP (12/2011) MS § 471.59, Subd. 1 MATERIALS MANAGEMENT DIVISION Cooper tive Purchasing Venture COOPERATIVE PURCHASING AGREEMENT Under the Authority of Minnesota Statutes § 16C.03, Subdivision 10 and Minnesota Statutes § 471.59, Subdivision 1 expense, including payment of attorney fees allowable by law, which arise or may arise from the Authorized Entity's use of this joint powers agreement and from any dispute or claim arising from any transaction between the Authorized Entity and the Division's vendors, whether or not the Toss, damage, dispute or claim arises during or after the period of this cooperative agreement. The Division's liability will be governed by the provisions of Minn. Stat. § 3.736. CITY OF MIAMI "Authorized Entity certifies that the appropriate person(s) have executed this cooperative agreement on behalf of the Authorized Entity as required by applicable articles, bylaws, resolutions or ordinances." By: C j'�-� Mr- itle) 'Nil cm. Fvaiehie I,GtVVi t, / (Address) STATE OF MINNESOTA "By Delegation" By: Materials Management Division (pate) (0 ` F (r Dr Permit Number/Access Code: �13t� (Date) MMD-CPV Agreement la COOPERATIVE AGREEMENT CREATING COOPERATIVE PURCHASING VENTURE MEMBERSHIP (12/2011) MS § 471.59, Subd. 1 What is it? The Cooperative Purchasing Venture (CPV) allows members to purchase goods and services under contracts established by the State of Minnesota. Who is eligible? There are six categories of eligibility. 1. "Governmental unit," defined as any political subdivision, licensed nonprofit hospital in Minnesota, or any agency of the State of Minnesota, another state or the United States government (MS § 471.59, subd. 1). 2. Entities eligible to receive surplus federal property through Minnesota's surplus property program (MS § 16C.23). 3. Registered Combined Charities organizations (MS § 43A.50). 4. Charitable organizations in Minnesota that are a recipient of a state grant or contract (MS § 309.50). 5. Community health clinics in Minnesota (MS § 145.9268). 6. Entities in other states that are eligible for their state's cooperative purchasing program (MS § 16C.03, subd. 10). Details are online at www.mmd. admin.state.mn.us/cpv2.htm. CPV helps members: ® Reduce or eliminate time researching product specifications ■ Enhance and simplify product selection ✓ Attain maximum value ® Minimize time identifying new vendors ■ Decrease or eliminate the time and expense required to award, process and maintain a contract CPV membership includes: ■ Immediate access to contract information via the Materials Management Division's website ® Email notifications, upon request, of important contract information ® Prompt, efficient member support, such as assistance with contract interpretation Easy access to contracts Your membership provides easy access to contract information through the Materials Management Division's web site at: www.mmd.admin.state.mn.us MATERIALS MANAGEMENT DIVISION Save money and time CPV offers an easy way for you to save money and time. Members save on a wide variety of products by following a simple three -step process: 1) Look up the item or service in the index 2) Retrieve a copy of the contract release 3) Place a direct order with the vendor Use your membership often Members report they've achieved significant savings through the CPV program. The state contracts prove most beneficial when purchasing standard commodities and larger, expensive items. Apply for membership by completing the form on the other side of this brochure. Questions? Call or email Sherry Brown at 651.201.2404 or sherry.brown cr,state.mn.us E BERSHIP IS FREE Waiver of Liability Each party agrees that it is responsible for its acts and the results thereof to the extent authorized by law, and shall not be responsible for the acts of the other parry and the results thereof In particular, the political subdivision is responsible for any purchase order it issues. The political subdivision's liability is governed by Minn. Stat. §466 (Tort Liability, Political Subdivisions); the state's liability is governed by Minn. Stat. §3.736 (Tort Claims). Cooperative Purchasing Venture - Frequently Asked Questions Page 1 of 3 inhiosot raitis Ar,voidovrErrr allusion Materials Management Division Cooperative Purchasing Venture - Frequently Asked Questions Ifllkli ota north sta About MMD j ContactUs iAdmin Home What's New Site Map Cooperative Purchasing Opportunities Customer Survey International Trade MMD Staff Directory Cooperative Purchasing Venture - Frequently Asked Questions What is Minnesota's Cooperative Purchasing Program (CPV)? Who is eligible? How does it work? Is there a membership fee to join the CPV Program? What can I buy? Will CPV always offer the lowest available price? Why can other programs and non -contract vendors sometimes offer better pricing? Can I comparison shop CPV with my other options? Does CPV offer advantages other than pricing? We need things that aren't available on state contracts - can we help develop contracts for these products and services? What services and support can I expect from the state? How is the State able to fund the CPV Program? How can I learn more and sign up? What is Minnesota's Cooperative Purchasing Program (CPV)? It's a free service in which eligible organizations can purchase goods and services from more than 800 state contracts directly from vendors. Cooperative purchasing leverages economies of scale that very often result In lower pricing and better terms and conditions. Who is eligible? Cities, counties, townships, school districts, colleges and universities, fire departments, watershed districts, certain non-profit organizations and others. How does it work? Eligible organizations simply sign up for a password, which gives them direct access to over 800 state contracts. Orders are placed directly to the vendor, with shipment direct to the purchaser. http://www.mmd.admin.state.mn.us/cpvfags.htm 8/19/2013 Cooperative Purchasing Venture - Frequently Asked Questions Page 2 of 3 Is there a membership fee to join the CPV Program? No, membershipin the program is free. What can I buy? More than 800 contracts are currently available that offer a wide variety of goods and services. Examples Include computer hardware and software, cleaning supplies, vehicles, cell phones, copiers, furniture, fuel, industrial supplies, paint, paper, road salt, telecommunications equipment, uniforms and much more. Services available include hazardous waste recycling, packaging/assembly, digital Imaging, roof repair, translating and others. Will CPV always offer the lowest available price? Not always. The program does not guarantee the lowest price on every item, however, all CPV contracts are awarded through an open procurement process and pricing will be consistently fair and competitive. Why can other programs and non -contract vendors sometimes offer better pricing? There could be a number of possibilities, including: • Vendors may offer to sell at prices lower than the state contract as a marketing strategy. • The lower -priced offering may not provide a comparable level of warranty and liability protections. • State requirements such as environmental responsibility, support for small Minnesota businesses, state auditor access to business records and limits on offshore outsourcing that may add costs, but also strengthen important Minnesota values. Can I comparison shop CPV with my other options? Yes. State contract information and pricing information is available online with your password. Does CPV offer advantages other than pricing? Yes. First, you can be confident in knowing that your purchases will meet strict standards of ethical and accountable public procurement. Participation In CPV can also reduce administrative effort and wait -times and free staff to concentrate on mission -critical activities. We need things that aren't available on state contracts - can we help develop contracts for these products and services? Yes. We welcome and encourage participation on ad hoc work groups that help identify needs and specifications. Representatives of your organization can also serve on panels that evaluate vendor responses. Participation Is voluntary. What services and support can I expect from the state? http://www.mmd.admin.state.nul.us/cpvfaqs.htm 8/19/2013 Cooperative Purchasing Venture - Frequently Asked Questions Page 3 of 3 Purchasing experts from Materials Management Division research products and market conditions; negotiate for favorable terms and pricing; and assist members with vendor management Issues, including vendor disputes. The Office of the Attorney General provides legal support and representation. How is the State able to fund the CPV Program? We partially fund the program through small administrative fees, usually one - quarter to one percent, that are applied to the sales generated against the contract. Of the contract releases managed by our office, fewer than ten percent have an administrative fee applied to them. Contract prices include the administrative fee, if applicable, so customers always know their actual price. How can I learn more and sign up? More information, including an application form, is available at http://www.mmd.admin.state.mn.us/pdf/CPVSubscribe2.pdf. Join Now!! Download and print the membership application form; return it by mail, email or fax. Current List of CPV Members You will need Adobe Acrobat Reader to print or view PDF files. Adobe also provides a set of free tools that allow visually disabled users to read documents In Adobe PDF format. Acrobat Reader with Accessibility for Visually Impaired Users converts PDF documents into either HTML or ASCII text which can then be read by many screen reading programs. Information found on this website can be made available in alternative formats, such as large print, Braille, or on tape, by calling 651.296.2600. Persons with a hearing or speech disability can contact us through the Minnesota Relay Service by dialing 711 or 1.800.627.3529. The State of Minnesota is an Equal Opportunity Employer. ©2000-2011 State of Minnesota, Department of Administration What's New I Site Map I Staff Directory I Send Email http://www.mmd.admin.state.mn.us/cpvfags.htm 8/19/2013 Cooperative Purchasing Venture Page 1 of 2 About MMD [ ConactUs;i Admin Home What's New Site Map Cooperative Purchasing Opportunities Cooperative Purchasing Venture - FAQs MMCAP WSCA/NASPO PC Contracts MMD Staff Directory Materials Management Division Cooperative Purchasing Venture rth a Cooperative Purchasing Venture Minnesota's Cooperative Purchasing Venture (CPV), established by Minn. Stat. § 16C.03, subd.10, allows eligible entities to purchase goods, certain services and utilities from contracts established by the Materials Management Division (MMD) for Minnesota state agencies. MMD contracts with vendors to provide goods, services and utilities to state agencies. This program creates a legal relationship so that eligible entities can use these contracts just like state agencies. There are six categories of eligibility for participation in this program. The annual CPV membership period runs from July 1 through June 30. The links below provide the statutory citation, as well as information about applying for participation in the CPV. Minnesota Statutes § 471.59, subd. 1, known as the Joint Powers Act, defines the governmental entities that may participate in the CPV. They include counties, cities, towns, townships, and school districts, as well as certain other entities. Minnesota Statutes § 16C.23 defines entities that are eligible to receive federal surplus property. These entities are also eligible to participate in the CPV. Minnesota Statutes §43A.50, defines registered combined charitable organizations that are eligible to participate in the CPV. Minnesota Statutes § 309.50, Subd. 4 defines the charitable organizations that are eligible to participate in the CPV. Minnesota Statutes § 145.9268, Subd. 1 defines the eligible community clinics that are eligible to participate in the CPV. Minnesota Statutes § 16C.03, Subd. 10, adds that any entity recognized by another state's statutes as authorized to use that state's commodity or service contracts is eligible to participate in the CPV. Once you've determined under which category your organization is eligible, print the CPV Membership Application Form, complete it, then send it with any other documentation required to: Materials Management Division 112 Administration Building 50 Sherburne Avenue http://www.mmd.admin.state.mn.us/cpv2.htm 8/19/2013 Cooperative Purchasing Venture Page 2. of 2 St. Paul, MN 55155 A membership permit number/security access code will be sent to you following receipt of your application. Waiver of Liability Each party agrees that it is responsible for its acts and the results thereof, to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. In particular, the political subdivision is responsible for any purchase order it issues. A political subdivision's liability is governed by Minnesota Statutes Chapter 466 (Tort Liability, Political Subdivisions); the state's liability is governed by Minnesota Statutes § 3.736 (Tort Claims). Join Now!! Download and print the membership application form; return it by mail, email or fax. Current List of CPV Members You will need Adobe Acrobat Reader to print or view PDF files. Adobe also provides a set of free tools that allow visually disabled users to read documents in Adobe PDF format. Acrobat Reader with Accessibility for Visually Impaired Users converts PDF documents into either HTML or ASCII text which can then be read by many screen reading programs. Information found on this website can be made available in alternative formats, such as large print, Braille, or on tape, by calling 651.296.2600. Persons with a hearing or speech disability can contact us through the Minnesota Relay Service by dialing 711 or 1.800.627.3529. The State of Minnesota is an Equal Opportunity Employer. ©2000-2011 State of Minnesota, Department of Administration What's New I Site Map I Staff Directory I Send Email http://www.mmd.achnin.state.mn.us/cpv2.htm 8/19/2013 Solicitation Postings Page 1 of 1 REFERENCE NUMBER: 18339 PURCHASING AGENCY: Admin/Materials Management Division TITLE: Computers: Microsoft Computer Equipment, Accessories, Applications And Related Software And Services CONTRACT AVAILABLE TO: All state agencies and CPV members RESPONSE TO THIS SOLICITATION IS DUE NO LATER THAN 1/15/2013 AT 3:00 PM CSTCentral Time SHIP TO ADDRESS: See Solicitation Document A PDF copy of this solicitation is available. Click the button(s) below. Internet Explorer version 5 or Netscape version, 6 (or higher) and Acrobat Reader is required. Important! Addenda to this solicitation will appear below the button for retrieving the original solicitation. Be sure to check for addenda prior to submitting your response. ��ollGti31'r�€ NOTES: The deadline for submitting questions is January 4, 2013 at 10 A.M. Central Time. Questions must be submitted in writing to dan.duffy@state.mn:us. Questions must be submitted in the format shown in Section 8. RFP Question Form. All questions received by the cutoff date will be responded to via an addendum to all responders. Date This Solicitation Was Posted: 12/21/2012 9:04:55 AM http://www.mmd..admin.state.mn.us/process/admin/postings .asp 12/21/2012 miiosota DEPARTMENT OF ADMINISTRATION December 21, 2012 «Contact_Person» «Company» «Address» «CSZ» «Fax_Number» «EMail Address» A solicitation is available for you to download on-line on our web site at http://vvvvw.mrrid.admin.state.mn.us/solicitations.htm. Materials Management Division 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Voice: 651.296.2600 Fax: 651.297.3996 BID OPPORTUNITY Click on the Goods and Services link and then search for Reference Number 18339. The solicitation is titled COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, APPLICATIONS & RELATED SERVICES. This solicitation is not being mailed to you. If you are interested in responding to this solicitation, you are encouraged to do so and should visit our web site for the complete solicitation. Obtaining the solicitation via our web site automatically adds your name to the interested parties' e-mail distribution list database, through which, you will receive e-mail notification of any addenda issued for this solicitation. It is the vendor's responsibility, before submitting its response, to verify whether or not any addenda have been issued for this solicitation. Failure to provide all addenda may cause the vendor's response to be rejected. . If you have any questions about how to download the solicitation, you can call our Help Line at 651.296.2600. Vendors are encouraged to register via our on-line vendor registration at http://www.rnmd.admin.state.mn.us/mn02000.htm. If you are currently an active vendor with the State, you can also keep your registration information current by using our on-line system. Please e-mail all questions and concerns to: DAN.DUFFY a(�STATE.MN.US Sincerely, Dan Duffy Acquisition Management Specialist For TTY/TDD communication, contact us through the Minnesota Relay Service at 1.800.627.3529. Solicannounc— (06/08) T:\C\C-1084(5)\C-1084(5) formated Vendor List ls!l 01311tlW3-10puM TIN 3 E 0 0 0 N a 'oN Pea}uoO Page 1 of 1 Summary List of who viewed Solicitation/Addendum Reference Number: 18339 Company Name / Vendor Number / Contact Name / Email Address/ State 22nd Century Technologies, Inc. / / KuIpreetSingh / govt@tscti.com / NJ Alpha Video / / ScottJohnson / scottj@alphavideo.com / MN Beach Camera / / AviKoplowitz / avik@beachcamera.com / NJ Bidnet / / IanMcHugh / gbs@bidnet.com / NY BidOcean / / EricJohnson / eric@bidocean.com / CO Business Services / / TerrytBrunning / Terry@BusinessServicesSolutions.org / FL CDWG / / LindsayGiersch / lindruc@cdwg.com / IL Collier IT / / JohnPhyle / jphyle@collier-it.com / MN Compar, Inc. / / JeffreyBohlig / jeffreyb@comparinc.com / MN Computer Intelligence Association / / MichaelCarpenter / mike@digitalgovernment.net / MD CorelT Solutions LLC / / VinceMoore / vince@coreit.us / OH Deerwood Technologies / 0000802225 / GladysBehymer / info@deertech.com / MN Dell, Inc. / / PamLindahl / Pam_Lindahl@dell.com / TX e.Repbulic / / JasonHall / jhall@erepublic.com / CA EDC Systems / / JillGlaser / jill@edcsystem.com / CA En Pointe Technologies Sales, Inc. / 230109001 / BarbGrossman / bgrossman@enpointe.com / MN Hewlett Packard Company / / DebraLee / debra.lee@hp.com / IL HiMEC Mechanical / / RobRamler / rramler@hmcc.com / MN Ideal System Solutions / / David Bart / dbart@idealssi.com / MN Insight / / ShawnWood / swood@insight.com / MN LD Products, Inc. / / DianaAthey / DianaA@LDProducts.com / CA McAfee / / BillRich / Bill_rich@mcafee.com / TX Microsoft / / jennifer marik / jmarik@microsoft.com / MN Microsoft Inc. / / MichaelMeirovitz / michmei@microsoft.com / MI Northland Mechanical Contractors/ / JohnFinley / john.fmley@northlandmechanical.com / MN Office Depot / 0000195580 / JohnRandolph / john.randolph@officedepot.com / MN Onvia / / SourceManagement / sourcemgmt@onvia.net / WA Peoples Electric / / RustyPulkka / rusty.pulkka@peoplesco.com / MN Samsung Electronics America, Inc / / WendyCrowe / wcrowe@sea.samsung.com / KY SHI / 0000206254 / Jenny Francis / jenny_francis@shi.com / NJ SuperBiiz / / AndrewCooling / andrew.cooling@superbiiz.com / CA TRIVAD, Inc / / TylerNelson / tnelson@trivad.com / CA Unique Software / / JosephWalz / jwalz@unique-software.com / MN Works Computing / / AmandaBoysen / amanda.boysen@workscomputing.com / MN l+fi»•//SSTrt m YVIAnavv.;n n+n4o 1,, »r /«.. .o....7:.14''1 0 / 1 ll /'ll11 '7 Materials Management Division 112 Administration Building 50 Sherburne Avenue Paul, IVIN,55155, • . _ . . , • :• . . D EPA ITTMENT-OF-A-DMIMSTRA TI.OlN:-- Fax: 651.297.3996 STATE OF MINNESOTA REQUEST FOR PROPOSAL (RFP) TITLE: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, HARDWARE, RELATED SOFTWARE AND SERVICES • DUE DATE: January 15, 2013 TIME: 3:00 p.m. Central Time • DEPARTMENT OF ADMINISTRATION. REQUEST FOR PROPOSAL ' (RFP) • TITLE: COMPUTERS: MICROSOFT SURFACE, ACCESSORIES, HARDWARE, RELATED SOFTWARE AND SERVICES DUE DATE: January 15, 2013 TIME: 3:00 P.M. CENTRAL TIME, USA PLACE: Department of Administration Materials Management Division 50 Sherburne Avenue 112 Administration Building St:. Paul, MN 55155 CONTACT: Dan Duffy Acquisition Management. Specialist Dan.duffvastate.mn.us. . PHONE: '651'201.2449 .. FAX: 651..297.3996 . Materials Management Division 112 Administration .Building "50 -Sherburnne:Avenuue -St. Paul; MN 55155. Voice: 651:2.01.2449 Fax: 651.297.3996 CONTRACT PERIOD: From the date of Contract execution through December 31, 2014 with the option to renew up. to 36 months upon agreement of both parties. Your response to this Request for Proposal must be returned sealed, Sealed responses must be received in the office of the Director of the Materials Management Division and time-stamped,no later than the date and time specified above, at which time•the names of.the vendors responding to this RFP will be read. Late responses cannot be considered. • The laws of Minn. Stat. Ch. 16C apply to this Request for Proposal. In accordance with this Request for Proposal, and subject to all conditions thereof, the undersigned agrees that its • response to this RFP, or any part thereof, is an irrevocable offer for 90 days following the submission deadline date unless stated otherwise in the RFP. : It is understood and agreed that the response, or any part thereof, when accepted by the appropriate department and.State officials in writing, may,become part,of a legai_and. binding Contract between the undersigned.. vendor and..the State of Minnesota. . • . . DELIVERY AND PAYMENT TERMS: Delivery offered: days After Receipt of,Orcler. Payment Terms (check one): [Net 30; [j% 30; []___% 15/Net 30; ❑_°% 10lNet 30 ❑ Other (specify):. Name of Vendor: Vendor E-Mail: Address: Phone: Fax: Date: Authorized Signature: Typed name of signer: Signer must be authorized to contractually obligate the vendor. Type or print clearly the name of the person who prepared the response: Title: RFP46 — (11/12) Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, APPLICATIONS AND RELATED SOFTWARE AND SERVICES Page 1 OVERVIEW This Request for Proposal (RFP) describes a relationship to be established between the State and a responder to provide Computer Hardware, Software and Services. The RFP also specifies contractual conditions and details the basis for the responses, the subsequent review, and the final selection process. Detailed Contract obligations and measures of performance will be defined in the final negotiated Contracts. The RFP stiatt riot be construed tolimit-the-State=s--righttoissue` or'notissue array Contract to reject all proposals, or tonegotiate • • • with more than one responder: Specific•rights•are.detailed elsewhere- in -this. RFP. . Direct all correspondence and inquiries, legal questions, general issues, or technical issues regarding this RFP to: Dan Duffy Acquisition Management Specialist Fax: 651.297.3996 Department of Administration E-mail: dan.duffv(ce7,state.mn.us Materials Management Division 50 Sherburne Avenue 112 Administration Building St. Paul, MN 55155 SCHEDULE OF EVENTS This section provides a tentative schedule of the critical project dates. Responders should carefully examine and make certain they have a clear understanding of the requirements of the specified project milestones and the associated dates. Event Date Scheduled Issue of RFP . December 20, 2012 . - . . Cutoff Date for Questions January 4, 2013 at 10 A.M. Central Time Response Due Date January 15, 20115 at 3:00 P.M. Central Time SUBMITTING QUESTIONS The deadline for submitting questions is January 4, 2013 at 10 A.M. Central Time: Questions must be submitted in writing to the Acquisition Management Specialist listed above. Questions must be submitted in the format shown in Section 8. RFP Question Form. All questions received by the cutoff date will be responded to via an addendum to all responders. PROPOSAL PREPARATION NOTE: Responses are to be prepared and presented in the same sequential order as the questions and requests for comments are presented in this document. Responses• deviating from the request for proposal format and organization may be removed from further consideration. Responses are expected to provide a straightforward and concise description of the responder's ability to meet the requirements. Submit ONE ORIGINAL and 4 copies of the.response in written form. Do not include the pricing components (sheets). which are to be submitted separately as stated below: The original copy of the response must be signed' by an • authorized member of the firm and marked Original. Only submit one pricing document (no extra copies) in a separate sealed envelope marked Pricing Proposal. Responses are to be sealed in mailing envelopes or packages with the responder's name and address clearly written on the outside. Also submit an electronic copy (on CD or Flash Drive) ofyour RFP entire response, including pricing documents (unprotected excel document).. Once the RFP is awarded, the original copies will be kept, but all other copies and the electronic copies may be destroyed. • RFP46 — (11/12) C-1084(6), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 2 APPLICATIONS AND RELATED SOFTWARE AND SERVICES GENERAL TERMS, CONDITIONS AND INSTRUCTIONS INTRODUCTION This Request for Proposal does not commit the State to award any Contractor to pay any costs incurred by the vendors responding. The following terms set forth the minimum requirements of the State and may be included in the Contract entered into by the State and the Contract Vendor. Any materials submitted may be incorporated by reference in the final Contract. • All general proposal terms, specifications and special conditions form a part of this RFP and will apply to any Contracts entered into as a result thereof. The State reserves the right to accept or reject any or all responses or parts of responses and to waive informalities therein. All responses must be prepared as stated herein and properly signed. Address all correspondence and inquiries regarding this RFP to the Acquisition Management Specialist shown on page one. THIS IS A REQUEST FOR PROPOSAL; NOT A PURCHASE ORDER. 1. ESTIMATED AMOUNT. If there Is an estimated total dollar value of the Contract listed in the Special Terms and 'Conditions, this shall not be construed as either the minimum or the maximum amount. It shall also be understood and accepted by the responder that any quantities shown in this RFP are estimated quantities only and impose no obligation upon the State either minimum or maximum. . 2. PREPARATION OF RESPONSE a. ALTERATIONS. Any alteration, particularly in the price used to determine the successful response,may be . rejected unless the alteration is initialed by the person authorized to contractually obligate the responder. Proof of authorization shall be provided upon request. The use of correction fluid or typewriter correctioh`tape is considered an alteration. b. An AUTHORIZED SIGNATURE is'required; The response must be in the legal name of the firm or business, and . Must be fully and properly executed and signed by an officer or other authorized representative who shall state his/her title. ONE ORIGINAL and (# OF COPIES] COPIES of the response are requested. • • Proof of authority of the person signing the response shall be furnished upon request. If the responder is a . • corporation, a secretarial certificate of an excerpt of the corporate minutes showing that the signing officer has authority to contractually obligate thecorporation shall be furnished. Where the corporation has designated an attorney -in -fact, the ordinary powerof attorney should be furnished. If the responder is a partnership; a letterof authorization shall be furnished, signed by one of the general partners. If the responder Is a proprietor, and the person signing the response is other than the owner, a letter of authorization signed by the owner shall be furnished. c. The AFFIRMATIVE ACTION CERTIFICATION must be completed and returned with the response. All responders must be in compliance with Minn. Stat. § 363A.36, subd. 1, as amended, pertaining to affirmative action certificates of compliance. d. The TRADE SECRET INFORMATION FORM should be filled out and returned with your response. e. The AFFIDAVIT OF NONCOLLUSION must be completed and returned with the response. f. The SERVICE and DELIVERY form should be completed and returned with the response. g. Applicable sections of the CONTRACT SAVINGS AND USAGE REPORTS should be completed and returned with the response. h. The ENVIRONMENTAL REPORTS should be completed and returned with the response. When included, the EXTENSION TO COOPERATIVE PURCHASING VENTURE (CPV) MEMBERS form should be completed and returned with the response. RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, APPLICATIONS AND RELATED SOFTWARE AND SERVICES Page 3 j. The TAXPAYER IDENTIFICATION form should be completed and returned with the response. k. When included, the LOCATION OF SERVICE DISCLOSURE AND CERTIFICATION form must be completed and returned with the response. 3. COMPLETION OF RESPONSES. A response may be rejected if it is conditional or incomplete. Responses that contain conflicting, false, or misleading statements or that provide references that contradict or do not support an attribute or condition stated.by the responder, may be rejected. 4. ACTING IN CASES OF DOUBTFUL RESPONSIBILITY. If the Manager of Acquisitions, on the basis of available evidence, concludes that a particular responder appears to be insufficiently responsible to ensure adequate performance, the response may be rejected. 5. NONRESPONSIVE RESPONSES. Responses that do not comply with the provisions in the RFP may be considered nonresponsive and may be rejected. 6. INDEMNIFICATION, HOLD HARMLESS AND LIMITATION OF LIABILITY. The Contract Vendor shall indemnify, protect, save and hold harmless the State, its representatives and employees, from any and all claims or causes of action, including all legal fees incurred by the State arising from the performance of the Contract by the Contract Vendor or its agents, employees, or subcontractors. This: clause shall not be construed to bar any legal remedies the Contract Vendor may have with the State's failure to fulfill its obligations pursuant to the Contract. For clarification and not as a limitation, the Contract Vendor hereby expressly extends, in addition to the other terms, conditions and specifications of the Contract, the foregoing defense and indemnification obligations to Cooperative Purchasing Venture (CPV) Members, including Board of Trustees of the Minnesota State Colleges and Universities, in addition to Agency as defined in Minn. Stat. § 16.C.02, in addition to the legislative and judicial branches and constitutional offices of state government. The State agrees that Contractor, its principals, members and employees shall not be liable to the State for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to the goods provided or services performed hereunder for an aggregate amount in excess of $10,000,000 or the Contract amount, whichever is greater. This. limitation of liability does not apply to .damages for persona.' injury or death, or to Contractor's obligation to indemnify, defend and hold the State harmless against intellectual property infringement claims under paragraphs 53 and 59 of this Agreement. This indemnification does not include liabilities caused by the State's gross negligence or intentional wrongdoing of the State. 7. LAWS AND REGULATIONS. Any and all services, articles or equipment offered and furnished shall comply fully with all State and federal laws and regulations, including Minn. Stat. § 181.59 and. Minn. Stat. Ch. 363A prohibiting discrimination and business registration requirements of the Minnesota Secretary of State's Office. 8. CANCELLATION OF THE CONTRACT. The Contract may be cancelled by the State or the commissioner of Administration at any time, without cause, upon 30 days' written notice to th.e Contract Vendor. In the event the Contract Vendor is in default, the Contract is subject to immediate cancellation to the extent: allowable by applicable law. In the event of cancellation, the Contract Vendor shall be entitled to payment, determined on a pro rata basis, for products, work or services satisfactorily received, performed and accepted. 9. STATE AUDITS (Minn. Stat. § 16C.05, subd. 5). The books, records, .documents, and accounting procedures and practices of the Contract Vendor or other party that are relevant to the Contract, or transaction are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate for a minimum of six years after the end of the Contract or transaction. The, State reserves the right to authorize delegate(s) to audit this contract and transactions. 10. CONTRACT DOCUMENTS. Contract documents, including the bond and insurance requirements stated in the Special Terms and Conditions in the RFP, are to be returned within 14 calendar days from receipt of the documents. Failure to comply may result in cancellation of the award. • RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 4 APPLICATIONS AND RELATED SOFTWARE AND SERVICES .. 11 ADDENDA TO THE RFP. Any addendum issued will become a part of the RFP. The State may modify or clarify the RFP by issuing one or more addenda to all parties who have received the RFP. Each responder must follow the directions on the addendum. Addenda willbe numbered consecutively in the order they are issued. 12. AWARD. Unless otherwise provided for in the Special Terms, Conditions, and Specifications, the award of this solicitation Will be based upon the total accumulated points as established in the RFP, for separate items, by grouping items, or by total lot, and where at its sole discretion the State believes it will receive the best value. The State reserves the right to award this solicitation to a single responder, or to multiple responders, whichever is in the best interest of the State. The State reserves the right to accept all or part of an offer, to reject all offers, to cancel the solicitation, or to re -issue .the'solicitation, Whichever is in the best interest of the State. The evacuation team will make a recommendation(s) on the award of this RFP. The commissioner of Administration or designee may accept or reject the recommendation of the evaluation team. The final award decision will be made by the commissioner of Administration or designee. 13. ANTITRUST. The Contract Vendor hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with the Contract resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State. 14. INSURANCE. Prior to execution of the Contract, if specified -in the Special Terms and Conditions, the successful Responder will be required to provide a copy of a Certificate of Insurance, including the workers' compensation insurance coverage requirements of Minn. Stat. § 176.181, subd. 2, and other coverages per the insurance requirements outlined in the solicitation. • 15. 'GOVERNMENT DATA PRACTICES. The Contract Vendor and the State must comply with the Minnesota Government Data. Practices Act, Minn. Stet, Ch. 13, (and where applicable, if the State contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the State to the Contract Vendor and all data provided to the State by the Contract Vendor. In addition, the Minnesota Government Data Practices Act applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contract Vendor in accordance with this Contract that is private, nonpublic, protected nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 (and where applicable, that is not accessible to the public under the, Rules of Public Access to Records of the Judicial Branch). • In the event the Contract Vendor receives a request to release the data referred to in this article, the Contract Vendor must immediately notify the State. The State will give the Contract Vendor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contract Vendor or the State. •. The Contract Vendor agrees to indemnify, save, and hold the State of Minnesota, its agent and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the • Minnesota Government Data Practices Act (and where applicable, the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Contract. In the event that the Contract Vendor subcontracts any or all of the work to be performed under the Contract, the Contract Vendor shall retain .responsibility under the terms of this paragraph for such work. 16. DISPOSITION OF RESPONSES. All materials submitted in response to this RFP will become property of the State and will become public record after the evaluation process is completed and an award decision made. If the responder submits information in response to this RFP.that it believes to be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minn. Stat. § 13.37, the responder must: . a. clearly mark all trade secret materials in its response at the time the response is submitted; b. include a statement with its response justifying the trade secret designation for each item; and, c. defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless the State, its agents and employees, from any judgments awarded against the State in favor of the party . requesting the materials, and any and all costs connected with that defense. This indemnification.survives the State's award of a Contract. In submitting a response to the RFP, the responder agrees that this indemnification RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 5 APPLICATIONS AND RELATE° SOFTWARE AND SERVICES . survives as long as the trade secret materials are in possession of the State. The State is required to keep all the basic documents related to its Contracts, including responses to RFPs, for minimum of seven years. The State will not consider the prices submitted by the responder to be trade secret materials. 17. RIGHTS RESERVED. Notwithstanding anything to thecontrary, the State reserves th'e right to: a. reject any and all responses received; b. select, for contracts or for negotiations, a response other than that with the lowest cost; c. waive or modify any informalities, irregularities, or inconsistencies,in the responses received; d. negotiate any aspect of the proposal with any responder and negotiate with more than one responder; e. request a BEST and FINAL OFFER, if the State deems it necessary and desirable; and f, terminate negotiations and select the next response providing the best value for the State, prepare and release a new RFP, or take such other action as the State deems appropriate if negotiations, fail to result in a successful. Contract. . • 18. PAYMENT. Minn. Stat. § 16A.124 requires payment within 30 days following receipt of an undisputed invoice, merchandise or service, whichever is later. Terms requesting payment in Tess than 30 days'will be changed to read "Net 30 days.' The ordering entity is not required to pay the Contract Vendor for any goods and/or services provided without a written purchase order or other approved ordering document from the appropriate purchasing entity. In addition, all goods and/or services provided must meet all terms, conditions and specifications of the Contract and the ordering document and be accepted as satisfactory by the ordering entity before payment will be issued. Conditions of Payment. The Contract Vendor under this Contract must be in accordance with the Contract as determined by the sole discretion of the State's Authorized Representative and be in accordance with all applicable federal, state,. and local laws, ordinances, rules, and regulations including business registration requirements of the State's Office of the Secretary of State. 19:- TAXES. DO NOT add sales tax to the prices being offered. State agencies are subject to paying Minnesota sales and • use taxes. Taxes will be paid to the Department of Revenue using Direct Payment Permit 1114, unless otherwise instructed in the Special Terms and Conditions of this solicitation, If orders are issued by Cooperative Purchasing Venture (CPV) Members, the Contract Vendor should confirm all of the tax requirements with the purchaser. 20. UNDILUTED COAL TAR SEALERS. By signing and submitting a response to this solicitation, the Responder is certifying that undiluted.coal tar sealers are not included in its response. Undiluted coal tar sealers are defined as any sealant containing coal tar that has not been mixed with asphalt and is intended for use on asphalt surfaces, including driveways and parking lots. See Minn. Stat. § 116.201. . . 21. PRICES. Prices shall remain firm for the initial term of the Contract unless. otherwise stated in the Special Terms and Conditions. A unit price and a total for the quantity must be stated for each item quoted. In case of an error in the total price, the unit price will prevail. Prices must be quoted in United States currency. a. TRANSPORTATION. All prices shall -be FOB Destination, prepaid and allowed (with freight included in the price), to the ordering agency's receiving dock or warehouse unless otherwise stated in the Special Terms and Conditions. Price reductions must be passed on immediately to the State whenever they become effective. In those situations in which the "deliver -to" address has no receiving dock or agents, the Contract Vendor must be able to deliver to the person specified on the PO. b. PRICE DECREASES. During the life of the Contract, any or all temporary price reductions, promotional price offers, introductory pricing, or any other offers or promotions that provide prices lower than or discounts higher than those stated in the Contract, must be given immediately to the entities eligible to purchase from the Contract. Invoices for goods ordered or shipped or services performed during the decrease, or promotion, must immediately reflect such pricing. RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, • Page 6 APPLICATIONS AND RELATED SOFTWARE AND SERVICES c. PRICE INCREASES. After the initial term of the Contract, a price increase may be allowed based upon a demonstrable industrywide or regional increase in the Contract Vendor's costs. Documentary evidence must be submitted prior to a proposed price increase. The amount of any increase is not to exceed 10 percent for any commodity/service over the life of the Contract unless approved in writing by the MMD Assistant Director. The exact amount of increase, if any, will be governed by the validity of the documentaryevidence submitted and requires the written authorization of the Assistant Director. No price increase will be effective until approvedby the Acquisition Management Specialist and set'forth in a fully executed amendment to the Contract. 22. EFFECTIVE DATE. Pursuant to Minnesota law, the Contract arising from this RFP shall be effective upon the date of . final execution by the State, unless a later date is specified in the Contract. 1 23. RISK OF LOSS OR DAMAGE. The State shall be relieved of all risks of loss or damage to the goods and/or equipment during periods of transportation, and installation by the Contract Vendor and in the possession of the Contract Vendor or its authorized agent. 24. GOVERNING LAW The RFP and the Contract shall be construed in accordance with and its, performance governed by the laws of the State of Minnesota. Except to the extent that the provisions of the Contract are clearly inconsistent therewith, the Contract shall be governed by the Uniform Commercial Code (UCC)' as adopted by the State. To the extent the Contract entails delivery or performance of services, such services shall be deemed "goods" within the meaning of the UCC, except when to so deem such services as "goods" is unreasonable. 25. JURISDICTION AND VENUE. This RFP and any ensuing Contract, its amendments and supplements thereto, shall be governed by the laws of the State of Minnesota, USA. Venue for all legal proceedings arising out of the Contract, or • breach thereof, shall be in the State or federal court with competent jurisdiction in Ramsey County, Minnesota. By submitting a response to this Request for Proposal, a Responder voluntarily agrees to be subject to the jurisdiction of • Minnesota for all proceedings arising out of this RFP, any ensuing Contract, or any breach thereof. 26. REQUEST FOR CLARIFICATION. If a responder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in the RFP, the responder shall immediately notify the Acquisition Management Specialist in writing, as specified in the introduction, of such error and request modification or clarification of the document. Responders are cautioned that any activity or communication with a State employee or officer, or a member of the Evaluation Team, regarding this Solicitation's contents or process, is strictly prohibited and may, as a result, have its response rejected. Any communication 'regarding this Solicitation, its content or process, must be directed to the Acquisition Management Specialist listed in the Solicitation documents. 27. CONFLICT OF TERMS. In the event of any conflict between the General Terms, Conditions and Instructions and any Special Terms and Conditions of the RFP, the Special Terms and Conditions shall govern. 28. DISPUTE RESOLUTION PROCEDURES. Any issue a responder has With the RFP document, which includes, but is not limited to, the terms, conditions, and specifications, must be submitted in writing to the AMS prior to the bid opening due date and time. Any issue a responder has with the Contract award must be submitted in writing to the AMS within five working days from the time the Contract award is made public. The State will respond to any protest received that follows the above procedure. For those protests that meet the above submission requirements, the appeal process is, in sequence: The responsible AMS, the MMD Assistant Director, and the MMD Director. • 29. FORCE MAJEURE. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that performance of any such obligations is prevented or delayed by acts of God, war, riot or other catastrophes beyond the reasonable control of the party unless the act or occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the delay or failure to perform. A party defaulting under this provision must provide the other party prompt written notice of the default and take all necessary steps to • bring about performance as soon as practicable. 30. DEFAULT. A State purchase order constitutes a binding Contract. All commodities furnished will be subject to inspection and acceptance by the ordering.entity after delivery. No substitutions or cancellations are permitted without written approval of the State contracting agency. Back orders, failure to meet delivery requirements, or failures to meet specifications in the purchase order and/or the Contract authorizes the ordering entity to cancel the Contract or purchase order, or any portion of it, purchase elsewhere, and charge the full increase in cost and administrative handling to the defaulting Contract Vendor. In the event of default, the State reserves the right to pursue any other RFP46 — (11/12) • C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 7 APPLICATIONS AND RELATED SOFTWARE AND SERVICES remedy available by law, A Contract Vendor may be removed from the vendors list, suspended or debarred from . receiving a Contract for failure to comply with terms and conditions of the Contract, or for failure to pay the State for the cost incurred on the defaulted Contract. 31. PUBLICITY. Any publicity given to the program, publications or services provided resulting from a State Contract for goods or services, including but not limited to notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the. Contract Vendor, or its employees individually or jointly with others, or any subcontractors, shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Contract prior to its approval by the Materials Management Division Acquisition Management Specialist and the Department of Administration's Communication Office. The Contract Vendor shall make no representations of the State's opinion or position as to the quality or effectiveness of the products and/or services that are the subject of this Contract without the prior written consent of the Department of Administration. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices. 32. NOTICES. If one party is. required to give notice to the other under the Contract, such notice shall be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which case a signed receipt shall be obtained, A facsimile transmission shall constitute sufficient notice, provided the receipt of the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes. All notices to the State shall be addressed as follows: Dan Duffy Acquisition Management Specialist 50 Sherburne Avenue 112 Administration Bldg. St. Paul, MN 55155 Fax: 65'.297.3996 33. STATE AGENCY CONTRACT USE. The State intends to use this RFP and the resulting Contract to meet its needs for goods and services purchased under the authority of the commissioner of Administration. An exception will be made when the commissioner of Administration or authorized delegate determines that the State will achieve its "best value" by utilizing alternative procurement methods as specified in Minn. Stat. Ch. 16C or other authorizing law. The Contract must be used by State agencies unless a specific exception is granted by the Acquisition Management Specialist or authorized delegate, or unless otherwise provided for in the Special Terms and Conditions. 34. MATERIAL DEVIATION, A responder shall be presumed to be in agreement with these terms and conditions unless it takes specific exception to one or more of the conditions. Submission by the responder of its proposed language shall not be viewed as an exception unless the responder specifically states in the response that its proposed changes are intended to supersede the State's terms and conditions. RESPONDERS ARE CAUTIONED THAT BY TAKING ANY EXCEPTION THEY MAY BE MATERIALLY DEVIATING FROM THE REQUEST FOR PROPOSAL. IF A RESPONDER MATERIALLY DEVIATES FROM THE GENERAL TERMS, CONDITIONS AND INSTRUCTIONS OR THE SPECIAL TERMS AND CONDITIONS AND/OR • SPECIFICATIONS, ITS RESPONSE MAY BE REJECTED. A material deviation is an exception to the Request for Proposal general or special terms and conditions and/or specifications that: a. gives the 'responder taking the exception a competitive advantage over other vendors; or, b. gives the State something significantly different from that which the State requested. 35. OWNERSHIP a. Ownership of Documents/Copyright. Any reports, studies, photographs, negatives, databases, computer programs, or other documents, whether in tangible or electronicforms, prepared by the Contract Vendor in the performance of its obligations under the Contract and paid for by the State shall be the exclusive property of the RFP46 -- (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 8 APPLICATIONS AND RELATED SOFTWARE AND SERVICES State and all such material shall be remitted to the State by the Contract Vendor upon completion, termination or cancellation of the Contract. The Contract Vendor shall not use, willingly allow or cause to allow such material to be used for any purpose other than performance of the Contract Vendor's obligations under this Contract without the prior written consent of the State. b. Rights, Title and Interest. All rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trade marks, and service marks in the said documents that the Contract Vendor conceives ororiginates, either individually or jointly with others, which arises out of the performance of the Contract, will be the property of the State and are, by the Contract, assigned to the State along with ownership of any ,and all copyrights in the copyrightable material. The Contract Vendor also agrees, upon the request of the State, to execute all papers and perform all other acts necessary to assist the State to obtain and register copyrights on such materials; Where applicable, works of authorship created by the Contract Vendor for the State.in performanceof the Contract shall. be considered "works for hire" as defined in the U.S. Copyright Act. c. Notwithstanding the above, the State will not own any of the Contract Vendor's pre-existing intellectual property that was created prior to the Contract and which the State did not pay the Contract Vendor to create. The Contract Vendor grants the State a perpetual, irrevocable, non,, -exclusive, royalty free license for Contractor's pre-existing • intellectual property that is contained in the products, materials, equipment or services that are purchased through this Contract. . 36. PURCHASE ORDERS. The State requires that there will be no minimum order requirements or charges to process an • individual purchase order unless otherwise stated in the special terms. The Contract number and the PO number must appear on all documents (e.g., invoices, packing slips, etc.). 37. AMENDMENT(S). At any time the State may make changes within the general scope of the Contract by issuing a • written Contract amendment duly executed by an authorized representative of the State and the Contract Vendor. If any such change causes an increase or decrease in the time required for the performance of any part of the work underthe Contract, an adjustment shall be made in the Contract delivery schedule and cost, and the Contract Vendor shall be notified in writing accordingly. Any claim by the Contract Vendor for adjustment under this clause must be asserted within 30 days from the date of receipt of the notification of change. Either party may propose adjustments. If. the Contract Vendor seeks an adjustment, it must request such adjustment in writing. The Contract Vendor is required to provide a certain level of effort in producing the analysis and documentation. The State will not compensate the Contract Vendor for changes in requirements that do not result in a corresponding change in the level of effort. The State shalt receive credit for reductions in level of effort due to changes and shall pay for increases in the level of effort. Contract amendments shall be negotiated by the State with the Contract Vendor whenever necessary to address changes in the terms and conditions, costs, timetable, or increased or decreased scope of work. An approved Contract amendment means orie approved by the authorized signatories of the Contract Vendor and the State as required by law. 38. COPYRIGHTED MATERIAL WAIVER. The State reserves the right to use, reproduce and publish proposals in any mahner necessary for State agencies and local units of government to access the responses, including but not limited to photocopying, State Intranet/Internet postings, broadcast faxing, and direct mailing.. In the event that the response contains copyrighted or trademarked materials, it is the responder's responsibility to obtain permission for the State to reproduce and publish the information, regardless of whether the responder is the manufacturer or reseller of the • products listed in the materials. By signing its response, the responder certifies that it has obtained all necessary approvals for the reproduction and/or distribution of the contents of its response and agrees to indemnify, protect, save and hold the State, its representatives and employees harmless from any and all claims arising from the violation of this section and agrees to pay all legal fees incurred by the State in the defense of any such action. RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 9 APPLICATIONS AND RELATED SOFTWARE AND SERVICES 39. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION a. Certification regarding Debarment, Suspension, Ineligibility and Voluntary.Exclusion — Lower Tier Covered Transactions. Instructions for certification: 1. By signing and submitting this proposal, the prospective lower tier participant [responder] is providing the . • certification set out below. • • 2. The certification in this clause is a material representation of fact upon which reliance was placed when this • transaction was entered into: If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in' addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. . . 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this . proposal [response] is submitted if at any time the prospective lower tier.participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4, The terms covered transaction, debarred, suspended, ineligible lower tier covered transaction, participant, person, primary, covered transaction,.principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverages section,of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this response that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction [subcontract equal to or exceeding $25,000] with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency withwhich this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titied, "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion —. Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, . suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its . principals. Each participant may, but is not required to, check the list of parties excluded from federal procurement and nonprocurement programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. . 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4; suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to.other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. b. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions. RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 10 APPLICATIONS AND RELATED SOFTWARE AND SERVICES 1.. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 40. NONVISUAL ACCESS STANDARDS. Nonvisual access standards require: That the effective interactive control and use of the technology, including the operating system, applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; • That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and . That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. 41. ENTIRE AGREEMENT. A written Contract (including, the contents of this RFP and the Contract Vendor's response incorporated therein by reference) and any written addenda thereto constitute the entire agreement of the parties to the Contract. 42. SEVERABILITY. If any provision of the Contract, including items incorporated by reference, is found to be illegal, unenforceable, or void, then both the State and the Contract Vendor shall be relieved of all obligations arising under such provisions. If the remainder of the Contract is capable of performance it shall not be affected by such declaration or finding and shall be fully performed. 43. ACCEPTANCE OF PROPOSAL CONTENT. The contents of this RFP and the response of the successful vendor will become contractual -obligations, along with the final Contract, if acquisition action ensues. The State is solely responsible for rendering the decision in matters of interpretation of all terms and conditions. 44. ASSIGNMENT. The Contract Vendor shall not sell, transfer, assign, or otherwise dispose of the Contract or any portion hereof or of any right, title, or interest herein without the prior written consent of the State's authorized agent. Such consent shall not be unreasonably withheld. The Contract Vendor shall give written notice to the State's authorized agent of such a possibility at least 30 days prior to the sale, transfer, assignment, or other disposition of the Contract. Failure to do so may result in the Contract Vendor being held in default. This consent requirement includes reassignment of the Contract due to a change in ownership, merger, or acquisition of the Contract Vendor or its subsidiary or affiliated corporations.•This section shall not be construed as prohibiting the Contract Vendor's right to assign the Contract to corporations to provide some of the services hereunder. Notwithstanding the foregoing acknowledgment, the Contract Vendor shall remain solely liable for all performance required and provided under the terms and conditions of the Contract. 45. CHANGE REQUESTS. The State reserves the right to request, during the term of the Contract, changes to the products offered.. Products introduced during the term of the Contract shall go through a formal review process. A formal process of changing the Contract shall be developed during the negotiation of the Contract. The Contract Vendor shall evaluate and recommend products for which agencies have an expressed need. The State shall require the Contract Vendor to provide a summary of its research of those products being recommended for inclusion in the Contract as well as defining how adding the product will enhance the Contract. The State may request that products, other than those recommended, are added to the Contract. In the event that the State desires to add new products and services that are not included in the original Contract, the State requires that independent manufacturers and resellers cooperate with the already established Contract Vendor in order to meet the State's requirements. Evidence of the need to add products or services should be demonstrated to the State. The Contract shall be modified via supplement or amendment. The State will negotiate the inclusion of the products and services with the Contract Vendor. No products or services will be added to the Contract without the State's prior approval. . RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 11 APPLICATIONS AND RELATED SOFTWARE AND SERVICES 46. PREFERENCE. a. TG/ED. In accordance with Minn. Stat. § 160.16, subds. 6 and 7, eligible certified targeted group (TG) businesses and certified economically disadvantaged (ED) businesses will receive a 6 percent preference on the basis of award for this RFP. The preference is applied only to the first $500,000 of the response to the RFP. Eligible TG businesses must be currently certified by the Materials Management Division prior to the bid opening date and time. To verify TG/ED certification, refer to the.Materials Management Division's web site at www.mmd.admin.state.mn.us under "Vendor Information, Directory of Certified TG/ED Vendors." To verify TG eligibility for preference, refer to the Materials Management Division's web site under "Vendor Information, Targeted Groups Eligible for Preference in State Purchasing" or call the Division's HelpLine at 651.296.2600. b. Reciprocal Preference. In accordance with Minn. Stat. § 16C.06, subd 7, the acquisition of goods or services shall be allowed a preference over a non-resident vendor from a state that gives or requires a preference to vendors from that state, the preference shall be equal to the preference given or required by the state of the non-resident vendor. 47. SURVIVABILITY. The following rights and duties of the State and responder will survive the expiration or cancellation. of the resulting Contract(s). Theserights and duties include, but are not limited to paragraphs: 6. Indemnification, Hold Harmless and Limitation of Liability, 9. State Audits, 15. Government Data Practices, 24. Governing Law, 25. Jurisdiction and Venue, 31. Publicity, 59. Intellectual Property Indemnification, and Admin Fees.• 48. PERFORMANCE WHILE DISPUTE iS PENDING. Notwithstanding the existence of a dispute, the parties shall • continue without delay to carry out all of their responsibilities under the Contract that are not affected by the dispute. If a party faits tocontinue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional cost incurred by the other parties as a result of such failure to proceed shall be borne by the responsible party. 49. HUMAN RIGHTS/AFFIRMATIVE ACTION. The State requires affirmative action compliance by its Contract Vendors in accordance with Minn. Stat. § 363A.36 and Minna R. 5000.3400 to 5000.3600. a. Covered contracts and Contract Vendors. One-time acquisitions, or a contract for a .predetermined amount of goods and/or services, where the amount of your response is in excess of $100,000 requires completion of the Affirmative Action Certification page. If the solicitation is for a.contract for an indeterminate amount of goods and/or services, and the State estimated total value of the contract exceeds $100,000 whether it will be a multiple award contract or not, you must complete the Affirmative Action Certification page. If the contract dollar amount or the State estimated total contract amount exceeds $100,000 and the Contract Vendor employed more than 40 full- time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principal place of business, the -Contract Vendor must comply with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600. A Contract Vendor covered by Minn. Stat. §: 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600 that had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months must have a certificate of compliance issued by the commissioner of the Department of Human Rights (certificate of compliance). A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 that did not have more than 40 full-time employees on a single working day during the previous 12 months within Minnesota but thatdid have more than 40 full-time employees in the state where it has its principal place of business and that does not have a certificate of compliance must certify that it is in compliance with federal affirmative action requirements. b. Minn. Stat. § 363A.36, subd. 1 requires -the Contract Vendor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the commissioner of the Department of Human Rights (commissioner) as indicated by a certificate of compliance. Minn. Stat. § 363A.36 addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. c. Minn. R. 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; 'procedures for issuing certificates of RFP46 — (11/1.2) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 12 APPLICATIONS AND RELATED SOFTWARE AND SERVICES compliance and criteria for determining a Contract Vendor's compliance status; procedures for addressing deficiencies, sanctions, and notice -and hearing annual compliance reports; procedures for compliance review; and contract consequences for noncompliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and parts 5000.3552-5000.3559. d. Disabled Workers. Minn. R. 5000.3550 provides the Contract Vendor must comply with the following affirmative action requirements for disabled workers. AFFIRMATIVE ACTION FOR DISABLED WORKERS (a) The contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (c) In the event of the contractor's noncompliance with the requirements of this clause, actions for noncompliance,may be taken in accordance with Minn. Stat. § 363A:36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (d) The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to beprescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. (e) The contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Minn. Stet. § 363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. e. Consequences. The consequences ofa Contract Vendor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of Compliance by the commissioner, refusal by the commissioner to approve subsequent plans, and termination of all or part of the Contract by the commissioner or the State. f. Certification. The Contract Vendor hereby certifies that it is in compliance with therequirements of Minn. Stat. § 363A.36, subd, 1 and Minn; R. 5000.3400-5000.3600.and is aware of the consequences for noncompliance. It is agreed. between the parties that Minn. Stat. § 363.36 and Minn. R. 5000.3400 to 5000.36.00 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000,3600 are available upon request from the contracting agency. 50.. USAGE REPORT. As per the requirements of this RFP, Contract Vendors are required to furnish usage data to the Acquisition Management Specialist. Unless otherwise specified in the Special Terms and Conditions, a report on Contract usage must consist of the total dollars expended by the State and other entities. 51. HAZARDOUS SUBSTANCES. To the extent that the goods to. be supplied to the State by the responder contain or may create hazardous substances, harmful physical agents or infectious agents as set forth in applicable State and federal laws and regulations, the responder must provide the State with Material Safety Data Sheets regarding those substances (including mercury). A copy must be included with each delivery. RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 13 APPLICATIONS AND RELATED SOFTWARE AND SERVICES 52. STATE REQUIREMENTS. The Contract Vendor is responsible to present information to State agency and Cooperative Purchasing Venture (CPV) customers regarding product compliance with State requirements. The Contract Vendor's catalog and other marketing materials utilized to offer products under this Contract shall affirmatively state when a product is in compliance with the Americans with Disabilities Act (ADA), the Nonvisual Access Standards (Minn. Stat. § 16C.145), and the Energy Star Standards. The Contract Vendor must also indicate in the catalog or other marketing materials if the product will not operate, is not intended to operate, or will not operate under full manufacturer's warranty, using paper with a post -consumer recycled content of 30 percent or greater. If any descriptive marketing materials are silent as to any or all of these requirements (e.g., ADA compliance; functions utilizing 30 percent recycled content paper), the Contract Vendor agrees that the customer can assume the product meets or exceeds the State requirements. 53. COPYRIGHT. The responder shall save and hold harmless the State of Minnesota, its officers, agents, servants and employees, from liability of any kind or nature, arising from the use of any copyrighted or not copyrighted composition, secret process, patented or not patented invention, article or appliance furnished or used in the performance of the Contract. 54. NONDISCLOSURE OF CONFIDENTIAL INFORMATION. The State agrees to protect all properly identified Contract trade secret.material, as the term "trade secret" is defined in Minn. Stat. § 13.37. In the event a request is made for information which the Contract Vendor has identified as "trade secret," the State agrees to notify the Contract Vendor of said 'request and provide its determination as to whether disclosure is legally required, in addition to anticipated . disclosure dates, if any, and to allow the Contract Vendor an opportunity, in its discretion and at its sole expense, to seek a protective order or otherwise protect the confidentially of the information. 55. ORGANIZATIONAL CONFLICTS OF INTEREST. The responder warrants that, to the best of its knowledge and belief,and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest. An organizational conflict of interest exists when; because of existing or planned activities or because of relationships with other persons: . ® a Contract Vendor is unable or potentially unable to renderimpartial assistance or advice to the State; ® the Contract Vendor's objectivity in performing the work is or might be otherwise impaired; or ® the Contract Vendor has an unfair competitive advantage. The Contract Vendor agrees that if an organizational conflict of interest is discovered after award, an immediate and full disclosure in writing shall be made to the Assistant Director of the Department of Administration's Materials Management Division' that shall include a description of the action the Contract Vendor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the Contract. In the event the Contract Vendor was aware of an organizational conflict of interest prior to the award of the Contract and did not disclose the conflict to the AMS, the State may terminate the Contract for default. The provisions of this clause shall be included in all subcontracts for work to be performed, and the terms "Contract," "Contract Vendor," and "AMS" modified appropriately to preserve the State's rights. 56. NOTICE TO RESPONDERS. Pursuant to Minn. Stat. § 270C.65, subd. 3, Contract Vendors are required to provide their Federal Employer Identification Number or Social Security Number. This information may be used in the enforcement of federal and State tax laws. Supplying these numbers could result in action to require a Contract Vendor to file tax returns and pay delinquent tax liabilities. These numbers will be available to federal and State tax authorities and State personnel involved in the payment of State obligations. • . 57. ELECTRONIC FUNDS TRANSFER (EFT) PAYMENT METHOD AND -STRUCTURE. In accordance with Minn. Stat. § 16A.40 the responder receiving the award of this Solicitation will be required to provide their bank routing information to the Department of Finance to enable payments to be made through EFT. 58. PUBLIC INFORMATION. Once the information contained in the responses is deemed public information, interested parties may request toobtain the public information. You may call 651.201.2413. between the hours of 8:00 a.m. to 4:30 p.m. to arrange this. 59. INTELLECTUAL PROPERTY INDEMNIFICATION. The Contract Vendor warrants that any materials or products provided or produced by the Contract Vendor or utilized by the Contract Vendor in the performance of this Contract will RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 14 APPLICATIONS AND RELATED SOFTWARE AND SERVICES not infringe upon or violate any patent, copyright, trade secret, or any other proprietary right of any third party. In the event of any such claim by any third party against the State, the State shall promptly notify the Contract Vendor. The Contract Vendor, at its own expense, shall indemnify; defend to the extent permitted by the Minnesota Attorney General's Office, and hold harmless the State against any Loss, cost, expense, or liability (including legal fees) arising out of such a claim, whether or not such claim is successful against the State. • If such a claim has occurred, or in the Contract Vendor's opinion is likely to occur, the Contract Vendor shall either procure for the State the right to continue using the materials or products or replacement or modified materials or products. If an option satisfactory to the State is not reasonably available, the State•shall return the materials or products to the Contract Vendor, upon writtenrequest of the Contract Vendor and at the,Contract Vendor's expense, This remedy is in addition to any other remedy provided by law. 60. PRODUCTS CONTAINING CERTAIN TYPES OF POLYBROMINATED DIPHENYL ETHER BANNED. By signing and submitting a response to this solicitation, Contractor/Responder certifies that they have read and will comply with Minn. Stat. §§ 325E.385-325E.388, 61. VETERAN -OWNED PREFERENCE. In accordance with Minn. Stat. § 16C.16, subd. 6a and Minn. Stat. § 16C.19, eligible certified veteran -owned small businesses will receive a 6 percent preference on the basis of award for this RFP. The preference is applied only to the first $500,000 of the response. Eligible veteran -owned srnall businesses should complete the Veteran -Owned Preference Form in this solicitation. Only eligible and certified, veteran -owned small businesses that provide the required form, will be given the • preference. • Eligible veteran -owned small businesses are certified small businesses of which the principal place of business is in Minnesota and that..are majority -owned and operated by a veteran and. are verified by the United States Department • of Veterans Affairs as a veteran -owned small business. Eligible veteran -owned small businesses must be currently verified by the U.S. Department of Veterans Affairs prior to the solicitation opening dateland time to receive the preference. Information regarding verification by the United States Department of Veterans Affairs may be found at http://www.vetbiz.gov. 62. E-VERIFY CERTIFICATION. By submission of a response.for.services in excess of $50,000, the responder certifies that as of the date of services performed on behalf of the State, the responder and all its subcontractors will have implemented or be in the process of implementing the federal E-Verify program for ail newly hired employees in the United States who will perform work on behalf of the State. This is required by Minnesota Statutes Section 16C.075. In the event of contract award, the contract vendor shall be responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form available on our MMD website. All subcontractor certifications must be kept on file with the contract vendor and made available to the State upon request, 63. PREVAILING WAGE. If this solicitation involves a project which includes erection, construction, remodeling, or repairing of a public building or other public work financed in whole or part by State funds, then pursuant to Minn. Stat §§ 177.30-.32, 177,41-.44 and corresponding Minn. R. 5200.1000 to 5200,1.120 this contract is subject to the prevailing wages established by the Minnesota Department of Labor and Industry. Specifically all contractors and subcontractors must pay all laborers and mechanics the established prevailing wages for work performed under the contract. Failure to comply with the aforementioned prevailing wage requirements may result in civil or criminal penalties. For questions regarding the prevailing wage laws, contact the Department of Labor and Industry at 651.284.5091. RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 15 APPLICATIONS AND RELATED SOFTWARE AND SERVICES i'PorA9ency'lleo:torkpeinabr ,Q0.)IttlgRedoo; Staid our Wetoiiigen this solieltation is $1.:001.00.10;.corOldre.ihe inlbrmationupestea, • t1919A44**119. M(Mtgoci# :Statute R.$.&00:59tAtt§:49.A rqunement, and toWAN. docun'eittion of coinphaiio fnoesary it is your sole i esponsibibty ftjtOija:0**.k • riolhv.du eiti4o:otthIlifor vr.opoidi, '.01.1.4‘.1#.0.1atitIlr.-41PA.44110. iificatjon prior to the executki oithe contact l'im.gtoto otaxot.g.aitg.:10oulorw.x obligation to delay. proced13:groith p.,..contractIntfil ax.o.nrp.ailiTeedivesIli,unanOtlits,eftific.alfon . ',....09X 14 -134: gomprodgo..-01.00o4.1.401:07.01.:14o.o Oigt..t.40:Aill:-.:. '-. ••*, .0.1449),to Othia:A . 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We h4ve;•,tiot.vinfiloyed more-than:A full:-...-fith eitinployei*;lat'44;y, ate:6 warking,itayinAlniestitavithinliheigrziku& 1P.4441;5,'-1.4stopg4fig 0.4A.0 BOX e all„contpantes By sigAingiliksfafemont you eertifythat the information provided is .accuratp.andibit sign on ,•-N1•1#1tArtbA:TP.§:Pg41‘.:Youio rtiythatyou',:o0A,o0tiingg.0.10rMlog:4*.tivo acton qunements that nay 10'yov, okkpiimils.it4mdot Sedaal pleats !.orieoldracig, Confrad.ters-avei.a6itoil-fbthesazeggiremeits-4-the..fed'erat-gpvertaireli0 litgtadaillf44,1P's, ' AiithoiientspiturQ1 . •Tekpholwntmili.evi '..)5Ard: • .:FiDV5.A1M,41tajWithabu fotm, baith:ot .t4.4.01gol51;WeituosikoMina...n.UfOoptiliggo & 051.tromily•'.....::914tio.lk Nut The Iree nBi1thn 625 Rthert StreetNorth : 1=460151 •••05446.445,.. Ta1Rk4 $0:k0:-.4141;•M 0141.'• Web' w humaiinhti shinoa tal)2 4 Kmaik • APPLICATIONS AND RELATED SOFTWARE AND SERVICES Trade Secret Information Form Under Minnesota's Data Practices Act, data submitted in a response becomes public upon completion of the evaluation process and negotiations are complete, or upon completion of the selection process for a solicitation. However, "trade secret information" as defined in Minn. Stat. § 13.37, subd:'1(b), cannot be disclosed to the public. While the majority of data submitted in a response is not trade secret information, the following form is needed to assist the State in making appropriate determinations about the release of data provided in a response. 0 Alt responders must.select one of the following boxes: ❑ My response does not contain "trade secret information." I understand that my entire response will become public record in accordance with Minn. Stat. § 13.591, ❑ ; My response does contain trade 'secret information because it contains data that: 1. • is a formula, pattern, compilation,' program, device, method, technique or process; AND 2. is the subject of efforts by myself or my organization that are reasonable under. the circumstances. to Maintain its secrecy, AND 3. derives independent econornic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, Complete only if trade secret status is asserted: I am claiming that aspects of my response contain trade secret information. I have completed the following: ❑ 1 have clearly marked and placed any data I claim to be"trade secret information" in a separate envelope AND I am attaching an explanation justifying the trade secret designation. Please note that failure to attach an explanation may result in a determination that the data does not meet the statutory trade secret definition. All data for which trade secret status is not justified will become public in accordance with Minn. Stat. § 13.691. By submitting this response, responder agrees to indemnify and hold the State, its agents and employees, harmless from any claims or causes of action relating to the State's withholding of data based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by the State in defending such an action. RFP46 - (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, APPLICATIONS AND RELATED SOFTWARE AND SERVICES Page 17 STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION MATERIALS MANAGEMENT DIVISION AFFIDAVIT OF NONCOLLUSION I hereby swear (or affirm) under the penalty of perjury: 1. That I am the responder (if the responder is an individual), a partner in the company (if the responder is a partnership), or an officer or employee of the responding corporation having authority to sign on its behalf (if the responder is a corporation); 2. That the attached response has been arrived at by the responder independently and has been submitted without collusion with and without any. agreement, understanding or planned common course of action with any other vendor designed to limit fair or open competition; 3. That the contents of the RFP response have not been communicated by the responder or its employees or agents to any person not an employee or.agent of the responder and will not be communicated to any such persons prior to the official opening of the responses;. and 4. i certify that the statements in this affidavit are true and accurate. Authorized Signature: Date: Firm Name: Subscribed and sworn to me this �day of Notary Public My commission expires RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 18 APPLICATIONS AND RELATED SOFTWARE AND SERVICES STATE OF MINNESOTA DEPARTMENT OF'ADMINISTRATION MATERIALS MANAGEMENT DIVISION • SERVICE AND DELIVERY Service and delivery are important requirements for all State Contracts. The successful responder will be expected to ship all orders within the time specified in its response or, in the case of unanticipated problems causing a delay, notify the . agency of the problem and when the shipment will be made. All requests for information from State agencies Will be answered promptly. A copy of all correspondence to State agencies shall be sent to Acquisitions, Materials Management Division, 112 Administration Building, St. Paul, MN 55155. Any Contract Vendor found to be providing unsatisfactory service during the Contract period may be disqualified for a subsequent Contract award. SUBSEQUENT CONTRACT REVISIONS. No verbal or written instructions from State agencies or officials to change any provision of the resulting Contract shall be accepted by the Contract Vendor without the approval of the Acquisition Management Specialist (AMS). The Contract Vendor shall report any such requests to. the AMS who will issue approval or denial in writing. CONTACT PERSON FOR ORDERS: NAME: TITLE: TELEPHONE NUMBER: FAX NUMBER: TOLL FREE NUMBER: E-MAIL: CONTACT PERSON TO EXPEDITE ORDERS (if different from above): NAME: TITLE: TELEPHONE NUMBER: FAX NUMBER: TOLL FREE NUMBER: E-MAIL: ORDER ADDRESS: STREET/PO BOX: CITY/STATE: ZIPCODE: TELEPHONE NUMBER: FAX NUMBER: TOLL FREE NUMBER: " E-MAIL: REMIT -TO ADDRESS: STREET/PO BOX: CITY/STATE: ZIPCODE: TELEPHONE NUMBER: FAX NUMBER: TOLL FREE NUMBER: E-MAIL: RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 19 APPLICATIONS AND RELATED SOFTWARE AND SERVICES STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION MATERIALS MANAGEMENT DIVISION CONTRACT SAVINGS AND USAGE REPORTS SAVINGS REPORT. Responders are required to calculate the percentage savings the State will realize as a result of the Contract and include the amount of the percentage savings in the response. Contract Prices Average: • % Less than the price quoted to the general public. (for reporting purposes only). USAGE REPORT, FREQUENCY (after Contract award).. Unless specified otherwise in the Special Terms and Conditions, the report on Contract usage must consist of the total dollars expended, broken down by: • State agencies ® CPV members Failure to provide these reports may result in Contract cancellation. The following reporting frequency is required, at a minimum: • O Annually, or as requested ® Final report after the end of the Contract See the next page of an example of the data fields that are needed in your usage report. RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 20 APPLICATIONS AND RELATED SOFTWARE AND SERVICES STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION MATERIALS MANAGEMENT DIVISION EXTENSION TO COOPERATIVE PURCHASING VENTURE (CPV) MEMBERS (Participation is at the discretion of the CPV member) Minn. Stat. § 16C.03, subd.10, authorizes the State, acting through its Materials Management Division, to enter into purchasing agreements with one or more governmental units and other entities allowable by law, as described in Minn. Stat. § 471.59, subd.1, to exercise jointly the purchasing powers and functions each has individually. This authority is referred to as the Cooperative Purchasing Venture program. • By not agreeing to offer the prices in the response to CPV members, the responder does not jeopardize the opportunity for being awarded the Contract. • ® The extension of the use of this Contract to CPV members does not include consulting or engineering services, if included in the Contract. Prices to the State cannot be increased as a result of including CPV members. • CPV members can choose to either use the Contract or not, at their option. • CPV members, when ordering from the Contract, will•use their own regular authorized purchase order. O CPV members are responsible for payment of any purchase orders issued by them. O The Contract Vendor shall issue invoices to the CPV members that order from the Contract. ® The State makes no prediction or guaranty of usage by CPV members from the Contract. O It is not the responsibility of the State to issue orders for CPV members, nor to insure the availability of funds for those orders, nor for payment of invoices resulting from those orders. By selecting "I agree:.." below, the responder agrees to extend their offer to CPV members and to extend all prices and all other terms, conditions, and specifications of the Contract to CPV members (in current membership status as approved by the State's Materials Management Director) at any time during the period of the Contact. ❑ I agree to offer these prices, conditions, and specifications to CPV members. ❑ I do not agree to offer these prices, conditions, and specifications to CPV members. Authorized signature: (The individual signing certifies that he/she has signed on behalf of the responder in accordance with General Terms and Conditions No. 4.) Type or Print Name Clearly: Title: RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 21 APPLICATIONS AND RELATED SOFTWARE AND SERVICES (Example of Data Fields Needed) Periodic'Contract Usage Report Contract Vendor Name & Address Contract Number: . AMS Name: Date Submitted: Time Period Covered by this Report: From to (The frequency of the report is stated in the solicitation.) Ship to Name (Agency Name) Ship to City • Order No. Customer PO. Number Customer PO. Date Product Number Product Description Unit . Price Quantity PO Total $Amount Shipped to: Admin Fee $ State Agency CPV Member • • • • • Total $ Report Submitted By RFP46 — (11/12) Contact Phone No. C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, • Page 22 APPLICATIONS AND RELATED SOFTWARE AND SERVICES STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION MATERIALS MANAGEMENT DIVISION ENVIRONMENTAL REPORTS ENVIRONMENTAL PRODUCTS AND SERVICES Environmental Characteristics for Reporting Purposes. The State desires to purchase environmentally responsible goods and services where practicable. To identify these products and report the purchasing results, the State must know the environmentally responsible characteristics of the goods and services offered. Using the list of environmental codes below, specify which line items have environmentally responsible characteristics and enter the appropriate environmental. code. The environmental codes* are: EE = Energy Efficient EM •.Remanufactured LT = Less Toxic RE = Repair PB = Plant -based • . US . = Used RB = Rebuilt WC = Water Conserving RC = Recycled Content MU = Multiple Codes Specify: :(post -consumer: %) TO = Other Specify: • RK = Reduced Packaging NO .= None Enter the appropriate environmental code for each item offered, either after the description of the item, or after the price. If all goods and services offered are the same environmental code, enter it here: If none of the items being offered have environmental characteristics, please check and initial here: ❑ *See the next page for definitions of the environmental codes to assist in coding products by the line item. RFP46 — (11 /12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, APPLICATIONS AND RELATED SOFTWARE AND SERVICES Page 23 Mercury: As per Minnesota Statutes; the State cannot buy mercury in thermometers and certain other products. Please certify below if your product does or does not contain mercury. The actual product specification will stipulate if mercury is prohibited. Does your product contain mercury? ❑ Yes ❑ No . If yes, list the components that contain mercury; Environmental Codes Definitions EE (Energy Efficient) - A product that uses less energy (either electricity or fossil fuel) to accomplish its task relative to a comparable product or to an earlier version of the.same product by the same manufacturer. LT (Less Toxic) - A product containing a smaller amount of toxic substances relative to a comparable product or a product reformulated to be less toxic. PB (Plant -Based) - A product derived from renewable resources, including fiber crops (such as kenaf); chemical extracts from oilseeds, nuts, fruits and vegetables (such as corn and soybeans); agricultural residues (such as wheat straw and corn stover); and wood wastes generated from processing and manufacturing operations. These products stand in contrast to those made from fossil fuels (such as petroleum) and other less renewable resources (such as virgin timber). RB (Rebuilt) - A product refurbished to a level Tess than a total remanufacture. The warranty is by the rebuilder, and may be different from the same product when new or remanufactured. Also called reconditioned or refurbished. RC (Recycled Content) - A product containing materials that have been recovered or diverted from the solid waste stream after consumer use (post -consumer).. RK (Reduced Packaging) - A product presented for use with less packaging or alternative methods of packaging or shipping. EM (Remanufactured) - A product restored to its original condition by extensive rebuilding, usually given an equal or better warranty than a new product. RE (Repair) - A product that has had a defect corrected and can again serve its original function. Repairing is a less comprehensive process than either remanufacturing or rebuilding. US (Used) - A product used or owned before without further manufacture. WC (Water Conserving) - A product that requires less water to operate or to manufacture than a comparable product, or a different version of the same product from the same manufacturer. MU (Multiple Codes) - A product that has several significant environmentally responsible characteristics, and could be classified under more than one code, but not one code is predominant. TO (Other) - A product having environmentally responsible characteristics that does not fit into any of the categories listed above. RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 24 APPLICATIONS AND RELATED SOFTWARE AND SERVICES • STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION MATERIALS MANAGEMENT DIVISION TAXPAYER IDENTIFICATION The Contract Vendor consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number to federal and State tax agencies and State personnel involved in the payment of State obligations. These identification numbers may be used in the enforcement of federal and State tax laws which could result in action requiring the Contract Vendor to file tax returns and pay delinquent tax liabilities, if any (Minn. 'Stat. § 270C.65). Firm Name: Address: Federal Employer ID Number or Social Security: Minnesota State Tax ID Number: Minnesota Vendor Registration Number: If you are not registered as a vendor to the State, you may register online at http://www.mmb.state.mn.us/vendorreSources. (Note: If approved, you will receive your vendor number approximately two business days after.you register.) Are you a sole proprietorship? Yes No • Are you an independent contractor? Yes No RFP46 — (11/12) C-1084(5), COMPUTERS; MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 25 APPLICATIONS AND RELATED SOFTWARE AND SERVICES STATE OF MINNESOTA VETERAN -OWNED PREFERENCE FORM In accordance with Minn, Stat. § 16C.16, subd. 6a, veteran -owned businesses with their principal place of business in Minnesota and verified as eligible by the United States Department of Veteran's Affairs Center for Veteran's Enterprises (CVE Verified) will receive up to a 6 percent preference in the evaluation of its proposal. If responding to a Request for Bid (RFB), the preference is applied onlyto the first $500,000 of the response. If responding to a Request for Proposal .(RFP), the preference is applied as detailed in the RFP. Eligible veteran -owned small•businesses must be CVE Verified (in accordance with Public Law 109-461 and Code of Federal Regulations, Title 38, Part 74) at the solicitation opening date and time to receive the preference. Information regarding CVE Verification may be found at http://www.vetbiz.gov. • Eligible veteran -owned small businesses should complete and sign this form. Only eligible, CVE Verified, veteran -owned small businesses that provide this completed and signed form will be given the preference. I hereby certify that the company listed below: 1. Is an eligible veteran -owned small business, as defined in Minn. Stat. § 16C,16, subd. 6a; and 2. • Has its principal place of business in the State of Minnesota; arid 3, Is CVE Verified by the United States Department of Veteran's Affairs Center for Veteran's Enterprise. Name of Company: Date: Authorized Signature: Telephone: Printed Name: Title: IF YOU ARE CLAIMING THE VETERAN -OWNED PREFERENCE, SIGN AND RETURN THIS FORM WITH YOUR RESPONSE TO THE SOLICITATION. RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOPT COMPUTER EQUIPMENT, ACCESSORIES, Page 26 APPLICATIONS AND RELATED SOFTWARE AND SERVICES GENERAL INSURANCE REQUIREMENTS The Contractor shall not commence work under the Contract until they have obtained all the insurance described below and the State of Minnesota has approved such insurance. Contractor shall maintain such insurance in force and effect throughout the term of the Contract. NOTICE TO THE CONTRACTOR: The failure of the State of Minnesota to obtain a Certificate of Insurance, for the policies required under this Contract or renewals thereof, or failure of the insurance company to. notify the State of the cancellation of policies required under this Contract shall not constitute a waiver by the state to the Contractor to provide such insurance. The state reserves the right to immediately terminate the Contract if the Contractor is not in compliance with the insurance requirements and retains all rights to pursue any legal remedies against the Contractor. All insurance policies must be open to inspection by the state, and copies of policies must be submitted to the state's authorized. representative upon written request. NOTICE TO INSURER: • The Contractor's insurance company waives its right to assert the immunity of the State as a defense to any claims made under said insurance. POLICY REQUIREMENTS: 1. Workers' Compensation Insurance: Statutory Compensation Coverage. Except as provided below, Contractor must provide Workers' Compensation insurance fdr all its employees and, in case any work is subcontracted, Contractor will require the subcontractor to provide Workers' Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including' Coverage.B, Employer's Liability. Minimum limits of liability:. Coverage B — Employer's Liability . $100,000 - Bodily Injury by Disease per Employee $500,000 Bodily Injury by Disease Aggregate $100,000 Bodily Injury by Accident If Minn. Stat. §.176,041 exempts the Contractor from Workers' Compensation insurance or if the Contractor has no employees in the State of Minnesota, the Contractor must provide a written statement, signed by the • authorized signer of the Contract, stating the qualifying exemption that excludes the Contractor from MN Workers' Compensation requirements. If during the course of the Contract the Contractor becomes eligible for Workers' Compensation, the Contractor must comply with the Workers' Compensation Insurance requirements included herein and provide the State of Minnesota with a certificate of insurance, Evidence of Subcontractor insurance shall be filed with the Contractor. 2. Automobile Liability Insurance: The Contractor shall maintain insurance protecting it from claims for damages for bodily injury as well as from claims for property damage resulting from the ownership, operation, maintenance or use of all owned, hired and non -owned autos which may arise from operations under the this Contract, and in case any work is subcontracted the Contractor will require the subcontractor to maintain Automobile Liability insurance. A. Minimum Limits of Liability: $2,000,000 - Per Occurrence — Bodily Injury and Property Damage Combined Single Limit RFP46 -- (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, APPLICATIONS AND RELATED SOFTWARE AND SERVICES Page 27 B. Coverages: X Owned Automobile X Non -owned Automobile X Hired Automobile Evidence of Subcontractor insurance shall be filed with the Contractor. 3. General Liability Insurance: The Contractor shall maintain insurance protecting it from claims for damages for bodily injury, including sickness or disease, death, and for care and loss of services as well as from claims for property damage, including loss of use which may arise from operations under the Contract whether 'the operations are by the Contractor or by a subcontractor or by anyone directly or indirectly employed by. the Contractor under the Contract. A. Minimum Limits of Liability: $2,000,000 - Per Occurrence $2,000,000 - Annual Aggregate . $2,000,000 - Annual Aggregate applying to Products/Completed Operations B. Coverages X Premises and Operations Bodily Injury and Property Damage X Personal & Advertising Injury X Blanket •Contractual X Products and. Completed Operations X State of Minnesota named as an Additional Insured ADDITIONAL INSURANCE CONDITIONS: The Contractor's policy(ies) shall be primary insurance to. any other valid and collectible insurance available to the state of Minnesota with respect to any claim arising out of Contractor's performance under this Contract. The Contractor's policy(ies) and 'Certificates of Insurance shall contain a provision that coverage afforded under the policy(ies) shall not be cancelled without at least thirty (30) days advance written notice to the State of Minnesota. The Contractor is responsible for payment of Contract related insurance premiums and deductibles. If the Contractor is self -insured, a Certificate of Self -Insurance must be attached. The Contractor shall obtain insurance policy(ies) from insurance company(ies) having an AM Best rating of A- (minus) and a Financial Category of VII or better, and be authorized to do business in the State of. Minnesota. An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor's policy limits to satisfy the full policy limits required by the Contract. 4. Professional Technical, Errors and Omissions, and/or Miscellaneous Liability Insurance: This policy will provide coverage for all claims the Contract Vendor or their Subcontractor may become legally obligated to pay resulting from any actual or. alleged negligent act, error, or omission related to Contract Vendor's or their Subcontractor's operations under the contract. Contract Vendor or their Subcontractor is required to carry the following minimum limits: $2,000,000 — per claim or event $2,000,000 — annual aggregate Any deductible will be the sole responsibility of the Contract Vendor or their Subcontractor and may not exceed $50,000 without the written approval of the State. If the Contract Vendor or.their•Subcontractor desires authority from the State to have a deductible in a higher amount, the Contract Vendor or their Subcontractor shall so request in writing, specifying the amount of the desired deductible and providing financial documentation by RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 28 APPLICATIONS AND RELATED SOFTWARE AND SERVICES submitting the most current audited financial statements so that the State can ascertain the ability of the Contract Vendor or their Subcontractor to cover the deductible from its own resources. The retroactive or prior acts date of such coverage shall not be after the effective date of this Contract and Contract Vendor or their Subcontractor shall maintain such insurance for a period of at least three (3) years, following completion of the work. If such insurance is discontinued, extended reporting period coverage must be obtained by Contract Vendor or Subcontractor to fulfill this requirement. RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 29 APPLICATIONS AND RELATED SOFTWARE AND SERVICES SPECIAL TERMS, CONDITIONS, AND SPECIFICATIONS • PREFACE STATEMENT. THE INFORMATION CONTAINED BELOW DESCRIBES THE SPECIAL TERMS, CONDITIONS AND SPECIFICATIONS APPLICABLE TO THE REQUEST FOR PROPOSAL (RFP/SOLICITATION) AND SUBSEQUENT CONTRACT, AND IS IN ADDITION TO THE GENERAL TERMS AND CONDITIONS, 1. SCOPE OF THE RFP. The State is seeking responses from manufacturers and resellers that can provide Microsoft Computer Hardware (must be able to provide Microsoft Surface Tablet, RT and PRO, but not limited to other future related computer products and services in various product categories). There are two groups of customers that these . Contracts will be available to: State agencies and the State's CPV members as allowed by law. CPV members include but are not limited to governmental entities as defined in Minn. Stat. § 471.59. (such as cities, counties, P-12, and MNSCU). Unless otherwise noted in the RFP, when the word "State" is used, it refers to both of these groups of customers. The Contract Vendors are expected to provide a consistent, understandable, and continuous program of support and technical advice to the State. Contract Vendors must support efforts to improve and integrate State . information technology initiatives. Contract Vendors shall be responsible for providing a variety of products and services as well as performing all aspects of the Contract including being responsible for the performance of all Subcontractors. The contracted vendors shall be companies that have a comprehensive selection of products available through established contractual agreements with nationally recognized manufacturers. These contractual agreements must be verifiable upon request of the evaluation committee and Acquisition Management Specialist. Contract Vendor(s) may participate in the Buy -IT Program Standards Program. The State Agencies must utilize the Buy -IT Program in categories where the State has defined standards, otherwise the State and CPV members may purchase from the Contract Vendor's catalog those products and/or services covered by the State contract. CPV members should follow their own purchasing policies and guidelines. 2. SUBCONTRACTOR RELATIONSHIPS. Contract Vendors may utilize subcontractors as service providers. However, all Purchase Orders will be issued to the Contract Vendor. Subcontractors may be added during the term of the Contract initiated either by the State or Contract Vendor and must be agreed upon in writing by both parties. Only subcontractors that have been approved by the Acquisition Management Specialist can be used for this Contract. After the effective date of the Contract, the Contract Vendor shall not, without prior written approval of the Acquisition Management Specialist, subcontract for the performance of the Contract. During this Contract, if an approved subcontractor is determined to be performing unsatisfactorily by the Acquisition Management Specialist, the Contract Vendor will receive written notification that the subcontractor can no longer be used for this Contract. The provisions of the Contract shall apply with equal force and effect to all approved subcontractors engaged by the Contract Vendor. Notwithstanding approval by the State, no • subcontract shall serve to terminate or in any way affect the primary legal responsibility of the Contract Vendor for timely and satisfactory performance of the obligations contemplated by the Contract. 3. QUALIFICATIONS OF SUBCONTRACTORS: The State reserves the right to review and approve all subcontractors. State approval will not be unreasonably. withheld. During the term of the Contract, the State will continually evaluate both the performance of the Contract Vendor and each of its subcontractors. If the State determines a subcontractor is irresponsible, or has been either suspended or debarred, the subcontractor will immediately be removed from the Contract Vendor's list of subcontractors. If the State determines a Contract Vendor has been either suspended or debarred, the Contract Vendor Contract may be immediately terminated. Subcontractor performance shall remain the sole responsibility of the prime Contractor. 4. OFFICE OF ENTERPRISE TECHNOLOGY (OET) NOTE: It is very important for Responders to visit the OET website ("Buy -It" Program) mentioned above and click on "IT Standards and Resource Management" in order to view the established state standards, developed by MMD, OET, and multiple State agencies and CPV Members. RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, APPLICATIONS AND RELATED SOFTWARE AND SERVICES Page 30 The Office of Enterprise Technology (MN.IT) is a cabinet -level agency created by the.2005 legislature and led by the State CIO. It is the mission of the agency to support transformation of public services by effective information management and efficient delivery of services to government and•its customers. OET's vision is to build a technology environment in which: • Customers have fast, secure access to data, applications, and services. • Business needs, enterprise architecture, and standards guide investment_ decisions to achieve highest value. • Effective use of shared information technology (IT) applications and services is the preferred mode of operation. • Effective process management ensures prudent investment decisions and practices. • Customers are routinely consulted when establishing the enterprise priorities, strategies, and policies that are the basis for effective information management. IT Standards and Resource Management, a division in the Office of Enterprise Technology, is developing IT standards, policies and purchasing processes that will maximize the state's IT investments by leveraging the buying power of all government entities in the state, and improving TCO and asset management. The State has established standards for products such as: desktops, laptops, monitors, software, servers, multifunctional devices (copiers), wireless technology, storage devices, and others. Vendors are expected to support the State's technology environment by being able toprovide state-of-the-art products and services. In view of the State's Drive to Excellence and Strategic Sourcing initiatives, at any time during the contract period, the State reserves the exclusive right to enhance and/or change these standards, based on State needs and the then current technology environment. Contract Vendors must agree and adhere to such changes if they want to continue in offering products under the standards program. The State also reserves the right to issue a new RFP, in view of such enhancement and/or changes,• at any time during the contract period, in order to meet its techngiogical architectural requirements, . 5. ADMINISTRATIVE FEE. On a quarterly basis, the Contract Vendor shall return to the Department of Administration, Materials Management Division, a fee of 1.00 % (0.010 multiplication factor) of the total sales during that quarter, to assist with the cost of administering the Contract. The administration fee shall be remitted to the State within 30 days of the end of the quarter. The quarter periods are January 1 to March 31, April 1 to June 30, July 1 to September 30, and October 1 to December 31 of any given year. The Contract Vendor must provide a report detailing'the total sales to State agencies and CPV members. The report must be submitted with the check on or before the required 30 days after the end of the quarter. . The State reserves the right, at any time during the Contract period, to'amend the.Contract to change or add fees. The reporting requirements and.amount of the fee will be specified in the Contract amendment. The Contract Vendor will be allowed to adjust the pricing structure up to the percentage of any additional fee(s). 6. CONTRACT VENDOR ADMINISTRATIVE AND KEY PERSONNEL CHANGES. The Contract Vendor must notify the AMS of the need to add or remove any of the Contract Vendor's administrative and/or key personnel named in the transmittal letter. This notice must be provided in writing two weeks in advance to the Acquisition Management Specialist. Any employee of Contract Vendor who, in the opinion of the State of Minnesota, is unacceptable, shall be removed from the project upon written notice to the Contract Vendor. In the event that an employee is removed pursuant to a written request from the Acquisition Management Specialist, the Contract Vendor shall have 10 working days in which to fill the vacancy with an acceptable employee. 7. INQUIRIES. Questions from prospective responders regarding this RFP shall be submitted in writing via email to dan.duffyastate.mn.us no later than January 4, 2013 at 10:00 A.M. Central Time. 8. FUNDING OUT CLAUSE. Not withstanding any other cancellation, clauses, the State may immediately terminate this Contract if it does not obtain funding from the Minnesota Legislature beyond June 30, or from another funding source, or if funding cannot be continued at a level sufficient to allow for the payment of the goods or services in the Contract, whether due to a lack of direct funding or agency reallocation of funding, or if operations of any paying entity are being discontinued. The State must provide the Contract Vendor with notice within a reasonable time after the decision is made to terminate the Contract. Termination will be by written or fax notice to the Contract Vendor. The State is not obligated to pay for any goods or service accepted or provided after notice and effective date of termination. However, the Contract Vendor will be entitled to payment for goods or services accepted or satisfactorily performed up until the RFP48 -- (11 /12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, • Page 31 APPLICATIONS AND RELATED SOFTWARE AND SERVICES effective date of the termination, The State will not be assessed any penalty if the Contract is terminated in accordance with this section. 9. PRICING OFFERED IN RESPONSE. Prices listed in your response to this solicitation must take into consideration all inherent costs of providing the requested goods and/or services. The responder agrees to pay any and all fees, including, but not limited to: duties, custom fees, permits, brokerage fees, licenses and registrations, The State will not pay any additional charges beyond the price(s) listed in the response, unless otherwise provided for by law or expressly allowed by the terms of the solicitation. Based on actual pricing 11/7/2012. 10. FREIGHT (FOB). Orders shall be shipped FOB Destination, prepaid and allowed. Freight costs shall be included in the bid unit price. Expedited or overnight deliveries may a billable cost if requested and identified in the quote. 11. FOREIGN OUTSOURCING OF SERVICE CONTRACTS. Responders to this solicitation are required to complete the Location of Service Disclosure and Certification which is attached. This form must be signed and returned with your response. 12. AWARD OF.RELATED CONTRACTS. In the event the State undertakes or awards supplemental Contracts 'for work related to the Contract or any,portion thereof, the Contract Vendor shall cooperate fully with all other Contract Vendors and the State in all such cases, All contracts between subcontractors and the Contract Vendor shall include a provision requiring compliancewith this section. 13. AWARD OF SUCCESSOR CONTRACTS. In the event the State undertakes or awards a successor Contract for work related to the Contract or any portion thereof, the current Contract Vendor shall cooperate fully during the transition with all other Contract Vendors and the State in all such cases, All Contracts between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. 14. SUBCONTRACTOR PAYMENT. In accordance with Minn. Stat. § 16A.1245, the Contract Vendor shall, within 1.0 days of receipt of payment from the State, pay all subcontractors and suppliers having an interest in the Contract their share of the payment for undisputed services provided by the subcontractors or suppliers. The Contract Vendor isrequired to pay interest of 1-1/2 percent per month or any part of.a month. to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an. unpaid, undisputed balance of $100 or more will be $10. For an unpaid balance of less than $100, the amount will be the actual penalty due. A subcontractor that takes civil action against the Contract Vendor to collect interest penalties and prevails will be entitled to its costs and disbursements, including attorneys fees that were incurred in bringing the action. The Contract Vendor agrees to take all steps necessary to comply with said statute. A consultant is a subcontractor under the Contract. In the. event the Contract Vendor fails to make timely payments to -a subcontractor or supplier, the State may, at its sole option and discretion, pay a subcontractor or supplier any amounts due from the Contract Vendor and deduct said payment from any remaining amounts due the Contract Vendor. Before any such payment is made to a subcontractor or.supplier, the State shall provide the Contract Vendor written notice that payment will be made directly to a subcontractor or supplier. if there are no remaining outstanding payments to the Contract Vendor, the State shall have no obligation to pay or to see to the payment.of money to a subcontractor except as may otherwise be required by law. 15. SOFTWARE AND.LICENSING AGREEMENTS. Responders are instructed to include with their proposal any license agreements, maintenance agreements, or any other documents pertinent to.this product. Review and approval by the State will be required prior to final award. Failure to provide any of the pertinent documents with your response may result in the State not agreeing to sign any additional documents, rejecting your response, and/or cancelling the award to your company. 16. ELECTRONIC FILE TO DOWNLOAD, COMPLETE, AND RETURN. Responders must download Excel/Word documents from the following links: http://www. m md.admin.state.mn. us/process/admin/documents/18339C-1084(5)AttA.doc http:I/www.mmd.admin.state.mn.us/process/admin/ preadsheets/18339C-1084(5 AttBPricingSheets.xls http://www. mmd`admin.state.mn. us/process/admin/spreadsheets/18339C-1084(5)AttCEducPricing.xls RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 32 APPLICATIONS AND RELATED SOFTWARE AND SERVICES This document contains solicitation items and quantities forentering price information. In order for you to download the document, you must type or copy and paste the links file path and name into your browser address line. When the document file opens, use the "Save As..." feature to save the document to your computer hard drive.or a disk. The "Save As" feature does not work from the printed link - you need to put the complete file name and path in your browser's address fine and open the document to be able to save the document to"a disk. If you need assistance please contact our helpline at 651.296.2600. 17. EQUIPMENT VENDOR CAPABILITIES. The Contract Vendor must be the original equipment manufacturer (OEM) or an authorized reseller or distributor for the OEM or a manufacturer's representative for the OEM or its authorized distributor. If an authorized reseller or distributor or a manufacturer's representative is submitting an offer on behalf of the OEM, it must either: Be listed on the OEM's website as an authorized distributor or an authorized manufacturer's representative, or provide a letter (upon request) from the OEM or its distributors stating it is authorized to sell the product and that all OEM equipment warranties are applicable. The Contract Vendor will be solely responsible for coordinating all warranty issues with the OEM. Pursuant to Minn. R. 1230.0150, subp. 20, responses from brokers will not be accepted. 18. CONTRACT. VENDOR INSURANCE REQUIREMENTS. The Contract Vendor must be capable of furnishing the equipment as outlined and must be able to provide proof of insurance in the amounts outlined in the Solicitation. If the Contract Vendor is the Original Equipment Manufacturer (OEM), and is directly.. accepting and shipping orders, the certificate of insurance must be in its name and must meet all of the requirements outlined in the solicitation. The Contract will not be executed until the required insurance certificate is received and approved by the State. If the Contract Vendor is the OEM and is distributing its equipment through a network of OEM owned or independently owned authorized distributors or independently owned manufacturer's representatives who accept and ship'the orders, a certificate of insurance is required for each OEM owned or independently owned authorized distributor or . manufacturer's representative. The certificate of insurance must be in the authorized distributor or manufacturer's representative's name and must meet all of the requirements outlined in the solicitation. Prior to Contract execution, the Contract Vendor will provide the insurance certificate for each of its authorized distributors or manufacturer's representative. The Contract will not be executed until all required insurance certificates are received and approved by the State. If the Contract Vendor is an independently owned authorized distributor or an independently owned authorized manufacturer's representative for the 'OEM and is accepting and shipping orders, the Contract Vendor must provide a certificate of insurance in its name and in the amounts outlined in the Solicitation.. The Contract will not be executed until all required insurance certificates are received and approved by the State. Upon notification of award, and within seven (7) days of notification, .the awarded vendor(s) must provide a certificate of insurance with the coverage and amounts called for in the solicitation. Any Contract awarded.will'not be executed until the certificate of insurance has been received and approved by the State. The State reserves the right to rescind the Contract award if the vendor does not provide the certificate of insurance within the required time. 19. PRODUCTS AND SERVICES. Since technology is changing and will change over the life of the awarded contracts, the State of MN reserves the right to.add or delete products and/or services, and/or expand or decrease categories over the life of the contract. This will be at the sole discretion of theAMS in MMD to review and approve any additional categories, manufactures and or product lines through a formal written approval process. 20. CONSTRUCTION. No construction services for State Agencies shall be performed under this Contract. Any work that involves cutting into walls or other structural pieces; running cableor wires. behind walls, above ceilings (including false ceilings), or below floors ('including raised floors); and/or plugging in any electrical device in such a way that the work is more complex than plugging a standard plug into a pre-existing socket is 'considered to be 'construction. Some electrical connections, even if not involving installation behind walls, floors, or ceilings, may be considered construction. Contact the Department of Labor and industry at 651-284-5091 for clarification on whether or not your project is deemed construction, and consequently has prevailing wage requirements. Agencies are liable for the difference in wages not paid to a contract vendor when prevailing wages are required but have not been paid. RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 33 APPLICATIONS AND RELATED SOFTWARE AND SERVICES 21. TRAVEL COSTS. Due to Statewide coverage being a requirement of this contract, additional travel costs for services, . non-professional or professional, must be included in the hourly rate for the seven county metro area. For greater Minnesota, additional costs must be specified in the pricing response spreadsheets, where applicable, or the Contract Vendor will not be allowed to charge travel costs outside of the seven county metro area. Meals are not reimbursable. 22. PROFESSIONAL TECHNICAL SERVICES DEFINITION. "Professional or technical services" means services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning; programming, or recommendation, and result in the production of a report or the completion of a task. Professional or technical contracts do not include the provision of supplies or materials except by the approval of the commissioner or except as incidental to the provision of professional or technical services. (Per Minn. Stat. § 16C.08.) 23. PROFESSIONAL/TECHNICAL (PIT) SERVICES. For State Agencies ONLY - Professional/Technical Services must .be related to the equipment and/or software purchased from this Contract, or a Contract with the same scope, and is limited to $25,000 per project. The State reserves the right to modify this limit during the life of the Contract.. Based on • the size, scope and complexity of the project, the State (Department of Administration, Materials Management Division) reserves the right, on a case by case basis, to approve dollar limits exceeding $25,000 per project. Professional/Technical Services above the $25,000 dollar limit must be related to the said project. State Agencies must request, in writing, .and obtain prior written approval from MMD. Prof/Tech Section, before proceeding with projects exceeding the $25,000 limit.. CPV members must follow their laws, rules, policies, and procedures when purchasing professional services from these Contracts. 24. NON PROFESSIONAL SERVICES. Definition is services not defined as Professional/Technical Services. 25. RETAINAGE. (This applies only to PIT Services) Ten percent (10%) of the cost of each deliverable will be withheld by the State. The retainage will be held by the State until the deliverablehas been reviewed by the head of the agency entering into the Contract and the head of the agency has certified that the Contract Vendor has satisfactorily fulfilled the terms of the Contract. 26. SWIFT FINANCIAL SYSTEM. The State of MN reserves the right at a later date to request that the Contract Vendor work with the State to implement either a Punch -out or Catalog in SWIFT. The Contract Vendors will Work with the • State at no cost to implement this system with their current and any future ordering systems. CPV•members will be using their own purchasing systems. 27. BUYING OFF CONTRACT. This Contract does not prohibit State agencies from using their delegated local purchasing authority to procure similar goods and services from other vendors. 28. COMPLIANCE WITH PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND CARDHOLDER INFORMATION SECURITY PROGRAM Respondent represents and warrants that all of its Network Components, Applications, Servers, and Subcontractors (if any) comply with the Payment Card Industry Data Security Standard (''PCIDSS") and with Visa's Cardholder Information Security Program ("CISP") at this time, or prior to Contract award. ''Network Components" shall include, but are not limited to, Respondent's firewalis, switches; routers, wireless access points, network appliances, and other security appliances; "Applications" shall include, but are not limited to, all purchased and custom external (web) applications. "Servers" shall include, but are not limited to, all of., Respondent's web, database, authentication, DNS, mail, proxy, and NTP servers. "Subcontractors" means all parties with which Respondent contracts, directly or indirectly, in order to perform its obligations under the contract awarded pursuant to this RFP. Respondent further represents and warrants on behalf of itself and each of its Subcontractors (if any) that (i) it shall be responsible for the security of all Cardholder Data in its possession; (ii) it shall use Cardholder Data only for assisting cardholders in completing a transaction, supporting a loyalty card program, providing fraud control services, or for other uses specifically required by law; (iii) it has a business continuity program which conforms to PCIDSS to protect Cardholder Data in the event of a major disruption in its operations or in the event of any other disaster or system failure which may occur to Respondent's operations; (iv) it shall continue to safeguard Cardholder Data in'the event this Agreement terminates or expires; and (v) it shall ensure that a representative or agent of the payment card industry and a representative or agent of the State shall be provided with full cooperation and access to conduct a thorough security review of Respondent's operations, systems, records, procedures, rules, and practices in the event of a security intrusion in order to validate Respondent's compliance with PCIDSS. "Cardholder Data" shall mean any RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 34 APPLICATIONS AND RELATED SOFTWARE AND SERVICES personally identifiable data associated with a cardholder, including, by way of example and without limitation, a cardholder's account number, expiration date, name, address, social security number, or telephone number. Respondent shall indemnify, defend and hold the State, CPV members, students and employees harmless from actions, suits,"claims, negligent losses, costs, judgments, fines, penalties (including any fines or penalties imposed on the State by Visa, MasterCard,' or their member banks), and expenses (including reasonable attorneys' and investigative fees), arising out of Respondent's failure to comply with the representations and warranties in this statement. • 29. WEBSITE.AND PRODUCT ACCESSIBILITY IT ACCESSIBILITY STANDARDS. The State of Minnesota has developed IT Accessibility Standards effective September 1; 2010, which entails, in part, the Web Content Accessibility Guidelines (WCAG) 2.0 (Level AA) and Section 508 Subparts A-D which can be viewed at http://www.mmd.admin.state.mn.us/pdf/accessibility standard.pdf Website Accessibility To gauge the accessibility of the web site being proposed, responders should provide information about the web site's functionality and will be awarded points as follows: o Navigation elements exist such as heading levels and logical reading order o Alternative text associated with images, charts, graphs and logos • o • Descriptions are associated with every link o . Content is in •html Product Accessibility Information. By law, the State of Minnesota buyers must make purchasing.decisions based on the accessibility of applicable IT products. The State of Minnesota buyers go to your web site to select IT products. In order for our buyers to make these decisions, they need information about the accessibility of IT products, which is achieved by reviewing a Voluntary Product Accessibility Template•(VPAT).The VPAT template can be found at http://www.itic.org/index.php?submenu=Resources&submenu=Resources&src=gendocs&ref=vpat&category=resources The State is not requiring product accessibility information for all products on your web site. Accessibility information is only required for IT products that are applicable to accessibility standards which generally include desktop and portable computers, software applications and operating systems, telecommunicationsproducts, video and multimedia products, and self-contained/closed products. The accessibility standards do not apply to back -office products such as servers, storage, routers, and accessory devices. The State prefers product accessibility information to be immediately available on your web site. After the first 6 months of the contract, the State reserves the right to suspend or cancel the contract if the product accessibility information is not available on your web site. Describe how you will clearly identify, on your web site, product accessibility information. e How easily will buyers be able to access the VPAT information on your web site; within the first 6 months and after the first 6 months? • How quickly will buyers be able to access the VPAT information on your web site; within the first 6 months and after the first 6 months? • • How will you differentiate whether a product fully meets standards, partially meets standards, or does not meet standards on your web site; within the first 6 months and after the first 6 months? RFP46 — (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 35 APPLICATIONS AND RELATED SOFTWARE AND SERVICES EVALUATION PROCESS Except at the invitation of the AMS, no activity or comments from responders regarding this RFP shall be discussed with any of the evaluation team during the solicitation and the evaluation of the responses. A responder who contacts an evaluation team member may, as a result, have its response rejected. See Paragraph 26 in the General Terms and Conditions of the Solicitation. PHASES. The State shall conduct an evaluation of responses to this RFP. The evaluations will be conducted in four phases: Phase i - Review and select responsive, compliant responses Phase 11- Evaluate responses Phase 111- Select finalistf(s)] Phase IV - Sign •Contract[(s)] Non -selection of any responsewill mean that either another response was determined to be more advantageous to the State or that the State exercised its right to reject all responses. At its discretion, the State may perform an appropriate cost and pricing analysis of a vendor's response, including an.audit of the reasonableness of any response. During the evaluation process, all information concerning the responses submitted will remain private and will not be disclosed to anyone whose official duties do not require such knowledge. At any time during the evaluation, the State may request that a responder provide explicit written clarification to any part of its response. Phase I - Review and Select Responsive, Compliant Responses. The purpose of this phase is to 'determine If each response complies with the mandatory terms, conditions, and specifications in the RFP. A pass/fail criteria will be used. A response must comply with ail instructions listed in this RFP: The State reserves the right to reject any and all responses, to modify these RFP specifications, or to waive any informalities in the RFP. Any response found to be non -responsive will be eliminated from further evaluation. Responses, are private or nonpublic data.until the completion of the evaluation process as defined by Minn. Stat. § 13.591. The completion of the evaluation process is defined as the State having .completed negotiating the Contract with the selected vendor. If no award is made the responses are not made public. The State will notify all responders in writing of the evaluation results. Phase 11- Evaluate Responses. Only those responses found to be responsive'under° Phase I will be considered in Phase II. The State may request clarification from one or more responders. The responses must be made in writing as the State will only use what is in writing for evaluation purposes. The response to the request for clarification may be considered along with the original response for the evaluation. However, the State reserves the right to make an award without further clarification of the responses received. Therefore, it is important that each response be submitted in the most complete manner possible. Responses will be rated as follows: Acceptance of Terms & Conditions 50 Points Accessibility 50 Points Attachment A. Requirements 500 Points Attachment B. and Attachment C - Pricing 400 Points 1000 Points As indicated above, points will be awarded based on the level of acceptance of the State's terms and conditions as specified in this RFP. Acceptance of ail terms and conditions will result in the award of the maximum .points available. Responders should note that the State reserves the right to pursue negotiations on any exception taken. In the event that negotiated terms cannot be reached, the State reserves the right to reject the proposal. Responders should also note that the awarding of points does not automatically mean that the State has accepted the Responder's proposed language. If only one response is submitted to the solicitation, the State reserves the right to review the response submitted for compliance and to award without assigning points or to reject the offer and re -issue the solicitation, whatever is in the State's best interest. RFP46 — (11 /12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 36 APPLICATIONS AND RELATED SOFTWARE AND SERVICES Phase III - Select Finallst(s). Only those responses that are found to be responsive under Phases I and II will be considered in Phase III. The State reserves the right to request oral presentations, and/or Best & Final offers by the responders and the opportunity to interview key personnel during Phase II and/or 1I1. The State reserves the right to select the number of responders for the Best & Final offer, oral presentations, and/or to enter into negotiations. The evaluation scores may be revised as a result of the responses to the oral presentations, Best & Final Offer, and/or negotiations. First consideration will be given to the responder(s) with the highest total points in the criteria listed in this RFP. In the event that contract negotiations are unsuccessful, the responder with the next highest number of points will be selected for consideration., The evaluation team.will make a recommendation(s) on the award of this RFP. The commissioner of Administration or designee may accept or reject the recommendation of the evaluation.team. The final award decision will be made by the commissioner of Administration or designee. Phase IV.. Sign Contract with Awarded. Vendor. RFP46 — (11 /12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 37 APPLICATIONS AND RELATED SOFTWARE AND SERVICES TRANSMITTAL LETTER A separate transmittal letter shall be included at the beginning of each response. The letter should be in the form of a standard business letter on the responder's letterhead. It must be signed by an individual authorized to sign a contract for the firm. _The, transmittal letter must include the following: RESPONDER.NAME, ADDRESS; CONTACT PERSON, E-MAIL ADDRESS, FAX AND TELEPHONE NUMBER. EXECUTIVE SUMMARY. A concise (maximum of ten pages) summary stressing the key points of the response. NOTICES. All notices to the State shall comply with Item 32 of the General Terms, Conditions and Instructions. The Responder is required to provide the name, title, address, phone and fax numbers where notices are to be sent. PREPARER(S)/KEY PERSONNEL. A statement identifying the individuals who were involved in the preparation of the response. A statement identifying the key personnel who will act as Contract and/or project managers. ACCEPTANCE OF TERMS. The contents of the RFP and the response of the successful responder will become contractual obligations, along with the final Contract, if acquisition action ensues. A statement of acceptance of the proposed Contract Terms and Conditions, unless taken exception to, as specified in the RFP must be included in the response. Any suggestions for alternate language shall be presented. The State is under no obligation to accept wording changes submitted by the responder. The State. is solely responsible for rendering decisions in matters of interpretation on all terms and conditions. Any response which fails to comply with this requirement may be disqualified as nonresponsive. FLEXIBLE SCOPE. A statement that the responder is committed to flexibility in the products and services offered in the response at the State=s request. PRICE EVALUATION. A statement that the responder agrees that price evaluations will be based on the appendices, as structured, in response to this RFP. INDEPENDENT PRICING. A statement in which the responder certifies that, in connection with this Contract, the prices proposed have been arrived at without consultation, communication, or agreement, for the purpose of restricting competition. SIGNER(S). A statement guaranteeing that each person signing this response and addenda, if required, is the person in the responder's organization responsible for, or authorized to make, decisions as to the prices quoted in the cost response and that she/he has.not participated and will not participate in any action contrary to those stated above. NOTE: A copy of corporate resolutions must accompany the transmittal letter, authorizing the person(s) signing and/or initialing the response to sign binding Contracts. SUBCONTRACTS. None of the services to be provided by the Contract Vendor pursuant to the Contract shall be subcontracted or delegated to any other organization, subdivision, association, individual, corporation, partnership, or group of individuals or other such entity without the prior written consent of the State. The State shall review and approve subcontract language which shall be attached to the Contract as an exhibit or amendment and shall in no way alter the State Contract terms and conditions. All subcontracts shall contain provisions for State access to the subcontractor's books, documents, and records for inspections. No subcontract or delegation of work shall relieve or discharge the Contract Vendor from any obligation, provision, or liability under the Contract. CONSENT. A statement that the Contract Vendor shall not assign any part of its interest in the Contract without prior written consent of the State. This consent shall not be unreasonably. withheld. NONVISUAL ACCESS STANDARDS.. A statement describing technology -related products the responder can offer as part of its response that comply with the nonvisual access standards as set forth in Minn. Stat. Ch. 16C.145 and how those products are identified in the product listing. Provide information on the differences in quality, prices, and delivery. RFP46 - (11/12) C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 38 APPLICATIONS AND RELATED SOFTWARE AND SERVICES ATTACHMENT A. REQUIREMENTS Respond as requested to all of the statements and/or questions in this section. Each section or corresponding sub -section number in the RFP is succeeded by an (M), (D), (R), (I) or combination. (M) Indicates the section is mandatory. The Responder must meet the requirements detailed by the State in that section. Failure to comply with a mandatory requirement will eliminate the Responder from further consideration under this procurement, unless all Responders are unable to comply. These questions and/or statements are pass/fail, and the appropriate box after Read, understand and comply. ❑ Yes ❑ No must be checked. Anon -response or checking the "No" box will represent the Responders inability to comply with the mandatory requirement, and the response will be rejected. (M, R) indicates mandatory requirements that also require the Responder to provide detailed information. The appropriate box after Read, understand and comply. ❑ Yes ❑ No must be checked, and a response must be provided. A non - response or checking the "No" box will represent the Responders inability to comply with the mandatory requirement, and the response may be rejected. If a question and/or statement does not have a response, a score of zero shall be recorded. (D) Indicates the section is desirable. The State is interested in the particular outcome defined in the section, but it is not mandatory that the Responder comply. The Responder's response to each section will be individually evaluated and scored. Therefore, respondents are encouraged to be thorough in their responses. All items marked as (D) desirable must be responded: to. • A response of "Read, understood and will comply" or similar is acceptable, unless the section is also marked with an (R —see below for detail), (D, R). If a question and/or statement does not have a response, score of zero shall be recorded. (I) indicates this is information being provided to the Responder. No response is required regarding this information and this shall not be•evaluated and/or scored. Special Note: If additional documents are included in your response to fully answer a requirement, the document must be clearly cross-referenced to the requirement it corresponds to, or"the additional information provided will not be reviewed when scoring. SCOPE The State of Minnesota would like to award Contract(s) to Value Added Resellers (VAR's) and/or manufacturers that MUST BE ABLE to provide the Microsoft Surface (RT and Pro), plus be able to provide peripherals applications and related software. The awarded contractor(s), with approval in writing by the State, may add additional Microsoft technology products, which are not limited to laptop, desktop, monitor, server, storage appliance, mobile devices and audio visual. Third party accessories and peripherals, software and application may also be added following the above process. DEFINITIONS Microsoft Surface RT and Microsoft Surface Pro: Defined as .Microsoft computers that are in a tablet form that can perform the functions of a desktop computer include the operating systems, and have a minimum manufacturer warranty. Computer Accessories and Peripherals: Defined, but not limited to memory, monitors, cables, video cards, keyboards, mouse, carrying cases or anything used with or for a computer or mobile device. Software and App's: Software only related to the use and function of the hardware such as the Surface tablet and app's. • Other Hardware: Defined as other Microsoft Computer hardware which are not limited to laptop, desktop, monitor, server, storage appliance, mobile devices and audio visual and have a minimum manufacturer warranty. Professional Service: See SPECIAL TERMS, CONDITIONS, AND SPECIFICATIONS. Non Professional Services: See SPECIAL TERMS, CONDITIONS, AND SPECIFICATIONS. AttachmentA C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 1 APPLICATIONS AND RELATED SOFTWARE AND SERVICES 1. SERVICE - SALES AND TECHNICAL SUPPORT 1.1 (M). •Contract Vendor must be the original equipment manufacturer (OEM) or an authorized reseller or distributor for the OEM or a manufacturer's representative for the OEM or its authorized distributor. The Contract Vendor must be authorized to sell/resell the Microsoft Surface RT and Pro. Contract award shall be conditional upon compliance. Read, understand and comply. ❑ Yes El No 1.2 (M) . The Contract Vendor must be the original equipment manufacturer (OEM) or an authorized reseller or distributor for the OEM or a manufacturer's representative for the OEM or its authorized distributor. If an`authorized reseller or distributor or a manufacturer's representative is submitting an offe.'r on behalf of the OEM, it must either: Be listed on the OEM's website as an authorized distributor or an authorized manufacturer's representative, or provide a letter (upon request) from the OEM or its distributors stating it is authorized to sell the product and that all OEM equipment warranties are applicable. The Contract Vendor will be solely responsible for coordinating all warranty issues with the OEM. Pursuant to Minn. R. 1230.0150, subp. 20, responses from brokers will not be accepted Microsoft Surface RT and Pro.? Contract award shall be conditional upon compliance. Read, understand and comply.. ❑ Yes ❑ No 1.3 (11/1) COMPLIANCE WITH PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND' CARDHOLDER INFORMATION SECURITY PROGRAM Respondent represents and warrants that all of its Network Components, Applications, Servers, and Subcontractors (if any) comply with the Payment Card Industry Data Security Standard ("PCIDSS") and with Visa's Cardholder Information Security Program ("CISP") at this time, or prior to Contract award. "Network Components" shall include, but are riot limited to, Respondent's firewalls, switches, routers, wireless access points, network appliances, and other security appliances; "Applications" shall include, but are not limited to, all purchased and custom external (web) applications. "Servers" shall include, but are not limited to, all of Respondent's web, database, authentication, DNS, mail, proxy, and NTP servers. "Subcontractors" means all parties with which Respondent contracts, directly or indirectly, in order to perform its obligations under the contract awarded pursuant to this RFP. Respondent further represents and warrants on behalf of itself and each of its Subcontractors (if any) that (i) it shall be responsible for the security of all Cardholder Data in its possession; (ii) it shall use Cardholder Data only for assisting cardholders in completing a transaction, supporting a loyalty card program, providing fraud control services, or for other uses specifically required by law; (iii) it has a business continuity program which conforms to PCIDSS to protect Cardholder Data in the event of a major disruption in its operations or in the event of any other disaster or system failure which may occur to Respondent's operations; (iv) it shall continue to safeguard Cardholder Data in the event this Agreement terminates or expires; and (v) it shall ensure that a representative or agent of the payment card industry and a representative or agent of the State shall be provided with full cooperation and access to conduct a thorough security review of Respondent's operations, systems, records, procedures, rules, and practices in the event of a security intrusion in order to validate Respondent's compliance with PCIDSS. "Cardholder Data" shall mean any personally identifiable data associated with a cardholder, including, by way of example and without limitation, a cardholder's account number, expiration date, name, address, social security number, or telephone number. Respondent shall indemnify, defend and hold the State, CPV members, students and employees harmless from actions, suits, claims, negligent losses, costs, judgments, fines, penalties (including any finesor penalties imposed on the State by Visa, MasterCard, or their member banks), and expenses. (including reasonable attorneys' and investigative fees), arising out of Respondent's failure to comply with the representations and warranties in this. statement. Contract award shall be conditional upon compliance. Read, understand and comply. ❑ Yes ❑ No Attachment A C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 2 APPLICATIONS AND RELATED SOFTWARE AND SERVICES , 1.4 HOURS OF BUSINESS 1.5 1.2.1 (I) The State's normal business hours are Monday— Friday, 8:00 AM to 5:00 PM CST, excluding State Holidays, for sales or service. 1.2.2 (I) Identify Respondent's proposed operating days of the week: 1.2.3 (I) Respondent's operating hours: AM to PM (M) SUPPORT. Respondent shall provide manufacturer contact information upon request, be able to resolve technical and non -technical issues with manufacturer, and able to provide documentation of the incident. Read, understand and comply. ❑ Yes El No 1.6 (D, R) PROBLEM RESOLUTION AND ESCALATION PROCESS .. Contract Vendor should provide documented problem resolution and escalation procedures. A written • • description of Responder's problem or event resolution arid escalation procedure for sales, customer service, support, purchasing, and invoicing issues shall accompany Responder's proposal. This is in addition to the technical support escalation process referenced above that the Responder is also to provide. Provide detail. • 1.7 (D, R) RESPONSE TIME (NON -SERVICE REQUEST): The Contract Vendor should respond, via e-mail or phone, with answers to any comments or questions within one (1) business day. Contract Vendor should respond to the requester on all comments, questions or requests older than two (2) business days with an estimated time that the requestor should receive their answer along with the reason for the delay. The Contract Vendor should be responsible for follow-through to ensure that all requests for information are answered. Specific data requests and reports (other than the reports required herein) shall be fulfilled on a mutually agreeable timeframe with the Contract Manager (AMS). sProvide detail. 1.8 • (M) ASSISTANCE TO AUTHORIZED USER: The Contract Vendor's staff shall assist the State accounts in a timely fashion with the following, but not limited to, minimum 'Contract requirements: • Product Knowledge and Product Needs ® Instructions on the Ordering Process • Assistance with Product Use Rights ® Obtaining End User License Agreements (EULAs) when necessary • Compliance Knowledge • Providing Accurate Pricing • Expediting Orders Read, understand and comply. ❑ Yes ❑ No 1.9 (M, R) STATE COVERAGE. Contract Vendor(s) MUST provide product, support and maintenance coverage throughout the State of Minnesota, including greater Minnesota. Support, service and maintenance coverage shall not exclude any areas outside the seven county metro area. Provide detail on expected response times throughout the State and any exceptions. Read, understand and comply. ❑ Yes ❑ No Provide' detail. 1.10 (M, R) STATE COVERAGE. Responder shall identify if a proposed subcontractor business is classified as veteran owned, targeted group (TG) and/or economically disadvantaged (EG) vendor. Successful Responders shall demonstrate with documented evidence that when any subcontractor is used every effort is made to provide economic opportunity to: • Veteran owned businesses • Women or minority owned businesses • Economically disadvantaged business o Locally owned businesses Read, understand and comply. ❑ Yes El No Provide detail. (M) CONTRACT VENDOR'S EMPLOYEE EXPERTISE: The Contract Vendor's employee(s) assigned to the State accounts shall be knowledgeable regarding all aspects of the Contract. Read, understand and comply. ❑ Yes ❑ No Attachment A C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 3 APPLICATIONS AND RELATED SOFTWARE AND SERVICES 2. QUOTES, INVOICING, PAYMENTS, AND RETURNS 2.1 (M) VENDOR. QUOTES. The Contract Vendor, upon request, shall prepare quotes listing individual line items that will be listed on the purchase order authorizing the purchase of product or services. Items that may be requested to be included in the quote are: ® Product identification number • Unit price of each product • Unit of measure of each product • Extended price of each product • Sub -total of the sum of all products • Any additional charges that are allowed according to the -language of the contract ® Grand total of the sum of all product, services, and other items Read, understand and comply. ❑ Yes ❑ No • 2.2 (D, R) VENDOR QUOTES. Customers should send the Contract Vendor or more than one (1) Contract Vendor a request for quote form asking for price quotes on specific products listed on the form. Customers will give the Contract Vendor(s) a specific timeframe in which to respond. The Contract Vendor is expected to either provide a price quote or a response that the Contract Vendor is unable to provide a price quote and the reason why. Provide detail. 2.3 (lei) INVOICING AND.PAYMENTS. State Agencies have an overall payment h.istoly of paying invoices within 30 days ninety-eight percent (98%) of the time. ® The Vendor shall issue a single invoice per purchase order for all products and services, unless products are on back -order or a split order is requested. ® All payments to the Contract Vendor's subcontractors shall be the responsibility of the Contract Vendor. No invoices from the Contract Vendor's subcontractors will be accepted. Read, understand and comply. ❑ Yes ❑ No 2.4 (M) INVOICES. Contract Vendor invoices shall match Individual line items as listed on the purchase order authorizing the purchase of product or services, including but not limited to: ® Product identification number ® Unit price of each product included • Unit of measure of each product included • Extended price of each product included • Sub -total of the sum of all products included 9 Any additional charges that are allowed accordingto the language of the contract • Grand total of the sum of all product, services, and other items ® Purchase Order number • Contract number ® Serial number(s) for each product listed Read, understand and comply. ❑ Yes El No 2.5 (D, R) RETURNS - Non -Defective Product. A non -defective product conforming to the specifications of an order may be returned within 30 days of invoice date. Vendor should not charge restocking fees. Return shipping costs to return the product to Contract Vendor is the responsibility of the State. Provide detail. 2.6 (D, R) PRODUCT RETURNS - Defective and/or Non -Conforming Product. Any product determined by the State as defective or non -conforming to specifications on the order or contract may be returned within 30, days of receipt with no restocking fee. Defective -products and/or products that do not conform to the order specifications should be replaced or the order for such product may be cancelled by the State's request. Return shipment of defective or non -conforming product to Contract Vendor within said thirty (30) days is the responsibility of the Contract Vendor. The Contract Vendor's customer service representative should provide a Return Merchandise Authorization number ("RMA"). The Contract Vendor should arrange for a "call tag" to be issued via "carrier" to order pick up of the defective and/or non -conforming product. "Carrier" should pick up the defective product at the address to which the product was originally shipped. The Contract Vendor should inspect the product claimed as defective and/or non -conforming immediately upon arrival at its warehouse. If the product(s) is affirmed as . defective and/or non -conforming, the State's account should be credited within fourteen (14) days of AttachmentA C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 4 APPLICATIONS AND RELATED SOFTWARE AND SERVICES arrival of the returned product at the Contract Vendor's location or warehouse. Amount credited should be that equal to the price of the product plus all freight, shipping, handling, or ancillary charges associated with shipment of the product from and -return to the shipping location. If the product is found not to be defective or non -conforming, the State may be billed for the amount of return shipping charges. Respondent should provide details describing procedures and practices used to meet or exceed the above requirements for the return of defective and/or non -conforming products. Provide detail. 2.7 (D, R) ELECTRONIC PROCESSING. Responders should provide detailed documentation providing evidence of their ability to accept and process purchase orders electronically: 9 • Documentation shall include email address and associated contact information of an individual vendor representative to whom electronic documents and electronically formatted purchase orders can be received by the Contract Vendor. • Documentation shall include a backup email address and associated contact information of an individual Contract Vendor representative to whom electronic documents and electronically formatted purchase orders can be received by the Contract Vendor. ® Documentation shall include a supervisory representative's email address and associated contact .information to which electronic documents and electronically formatted purchase orders can be received by the Contract Vendor. Provide detail. 2.8 (D),SHIPPING LABEL: Shipments should include a label, visible on the outside of the box and include the following information: e Authorized User Purchase Order Number • Address ® Agency name and department and floor (if applicable) • Contact Name 0. Telephone. number ® Number of parcels Read, understand and comply. ❑ Yes ❑ No. 2.9 (D) PACKING SLIP: Shipments should include a packing slip located inside the box that contains the following minimum information in no particular order: 9 Line item description a Quantity ordered ▪ Quantity included in shipment • Any back order items ® All information contained on the packing label ® Serial numbers) for each product listed Read, understand and comply. ❑ Yes ❑ No 3. CONTRACT MANAGEMENT AND SERVICE 3.1 • (I) PROMOTING THE CONTRACT. If awarded describe how you propose to market/promote this Contract to State Agencies and CPV members. If you have competing contracts, describe how you propose to market/promote this Contract to State Agencies and-CPV members and indicate whether preference may be given to other contracts that you hold. 3.2 .(D, R) PERFORMANCE EVALUATION AND CONTINUOUS IMPROVEMENT. The central theme of this • request for proposal (RFP) is to establish a long-term business relationship, between the State and the Contract Vendor(s). The relationship shall be active and responsive to the expectations and requirements of the State and shall look for continuous improvement, innovation, and organizational performance of the Contract Vendor(s). If requestedby the State, the Contract Vendor may be required to provide data/information, including but not limited to, the following: 6 Number of orders placed by the State e On -time and late receipts of the products ordered m Errors in quantities ordered versus quantities received and backordered AttachmentA C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 5 APPLICATIONS AND RELATED SOFTWARE AND SERVICES ® Errors in pricing • DOA product • Invoices that do not match line item format as requested in standards above 9 Customer service events recorded by vendor support compared to State customer service events recorded ® .Customer service event resolution management ® Other data/information as determined to be of value The above data/information may be used by the State in evaluation of Contract Vendor performance. Other evaluation criteria may include, but not be limited to, timeliness of deliveries and/or responses, hardware maintenance, failure rates, invoicing accuracy (including compliance with State purchasing order and invoicing formatting requirements), promptness of response to phone calls, overall customer satisfaction, etc. Provide detail. 3.3 (D) PERFORMANCE EVALUATION. The State (includes State Agencies, Buy -IT Program and/or CPV members) may require the Contract Vendor to participate occasionallyin a performance evaluation process. Provide detail. 3.4 (D, R) QUALITY ASSURANCE PROCESSES. Contract Vendors should provide documented evidence demonstrating. the Contract Vendor's practices used to achieve internal quality assurance to resolve to the State's satisfaction any defective 'product, service, performance, or customer satisfaction the quality reports reveals. Provide detail. 3.5 (D, R) DELIVERY PERIOD. The Contract Vendor should provide delivery of product within five working days of receipt of order for non -custom, in -stock items. Any variation to this standard shall be agreed upon by the ordering agency and the Contract Vendor at the time of order placement, The Contract Vendor shall contact Agency within the 5 days .if product will not meet timeline due to back -ordered or . constrained products for example. Provide detail on the standard number of days for delivery by product category. Provide detail. Attachment A C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 6 APPLICATIONS AND RELATED SOFTWARE AND SERVICES 4. REPORTING/AUDITING 4.1 (M) REPORTING REQUIREMENTS. The Contract Vendor shall provide quarterly reports to the State or to any customer, when requested, detailed reports in the format requested. Reports must contain, for example, date ordered, date shipped, customer name, customer address, city, P.0 number, OET approval, number, product description, quantity ordered, total dollars, etc. The State may use this information or any other information at its disposal as a part of thedecision-making process regarding contract renewals. 0 Read, understand and comply. ❑ Yes ❑ No 4.1.1 (D, R) ContractVendors•rnay establish, at no.additional cost, a relational database to produce quarterly reports to the State -or State's customer. 4.2 (D, R) WEBSITE AUDITING. Contract Vendors should perform internal audit of the website pricing to assure that the website price is based on the percentagediscount in effect. Provide detail on a proposed schedule and process with appropriate written documentation. 4.3 (D, R) SALES AUDITING. Contract Vendors should perform quarterly sales reports that verify that the price paid by the customer is the correct price at the time the order was issued. The Contract Vendors will be provided a sample auditing structure to use, Provide detail on how this will be accomplished. 4.4 (D, R) CUSTOMIZABLE REPORTS Respondent has customizable reporting capabilities that may be requested by the State, and/or CPV members at No Cost. Provide in detail your reporting capabilities. 4.5 (D, R).AD-HOC REPORTS (as needed): Contract Vendor should provide, as needed, summary reports ofthe following at no additional cost to the contract user: ® Summary of items purchased by publisher, product description, quantity and.dollar amount • Expenditure by quarter and. year-to-date• 0 • Summary of total products bought by category ® Breakdown, if requested, by a State agency or a Ideal unit of government (i.e. county, city. School district), of items purchased. o Total cost to each State and local government customer • Report of back -ordered products ® Summary of, response times (from the time of customer order placement to the time of shipment to the customer) 9 Summary of system units purchased, as well as the most frequently purchased items • Report describing the delivery period of items purchased O All products actually shipped. 0 Provide detail. 5. ENVIRONMENTAL 5.1 (D, R) EPEAT REQUIREMENTS. Electronic Product Environmental Assessment Tool (EPEAT) is an environmental procurement tool designed to help institutional purchasers in the public and private sectors evaluate, compare, and select desktop computers, laptops and monitors based on the environmental attributes of the product. General information on the criteria of EPEAT can be found at htto://wvvw.epeat.net . All products sold under the Buy -IT standards program in the categories of desktop computers, portable and ruggedized portable computers, and monitors must carry a minimum of a silver EPEAT certification. (This is the standard as of 3/1/11. Product standards are reviewed every six months). CPV members • may have, additional policies regarding purchase of EPEAT-registered products. provide detail. 5.2 (D, R) ENERGY STAR REQUIREMENTS. The State is committed to energy saving and environmentally friendly devices. Energy efficient and environmentally friendly devices must be included in the product AttachmentA C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 7 APPLICATIONS AND RELATED SOFTWARE AND SERVICES offering. Contract Vendors.shall be responsible for identifying, emphasizing, and providing energy efficient devices in the products covered in this request for proposal. For example: • Equipment must meet applicable Energy Star standards. • Monitor screens must not emit electrostatic and electromagnetic radiation. ® All products capable of meeting Energy Star low -power enabled features must be shipped with the Energy Star low -power feature activated or enabled unless otherwise agreed upon by the State, ® Products shipped without the Energy Star seal affixed to the product must include the manufacturer's certification specifying that such products are Energy Star compliant. • Energy Star compliant products must be clearly labeled on the website Products sold under the Buy -IT standards program (See Section 6.9) may have identified Energy Star minimum standards. Product standards are reviewed every six months. CPV members may have additional policies regarding purchase of Energy Star -compliant products. • Provide detail. 5.3 (D, R) RESPONDER'S ENVIRONMENTAL PROGRAMS. Responders should provide written description of energy efficiency program(s) implemented by Respondent's business. Provide detail. 5.4 (D, R) PACKAGING REDUCTION AND RECYCLING. Responders should describe all capabilities and options for reduced packaging and using recyclable materials for packaging materials and techniques. 6. WEBSITE 6.1 (NI, R) WEBSITE. Responders shall establish and maintain a website, for to the State, containing only products on Contract and approved by the State. Responder's dedicated website shall contain, at a minimum, the approved Product and Service Schedule (PSS), product specifications, price configurations, list price, service options, service agreement(s), contact information for order placement, purchase order tracking, problem reporting, equipment maintenance and billing concerns and other information required by the State, such as identifying a product by its UNSPSC code, which the State of Minnesota is adopting. Vendors may be required to provide customized websites for a specific state agency and CPV member. Read, understand and comply. ❑ Yes ❑ No Provide details. 6.2 (D, R) WEB SITE. Responders may provide the URL to a web site. Responders should provide a written description summarizing how thewebsite meets or exceeds the requirements listed below. Provide the complete PSS that easily identifies the brand, specifications and price for every product proposed to be included in the Contract. Provide product specifications, pricing, and configuration aids for the major product categories proposed that can be used to obtain an on-line quote. Provide online ordering capability with the ability to save multiple "SHIP -TO" locations. Capability of reprinting invoices for orders placed online. • Provide access to documents describing service options and service agreement(s). • Provide account representative contact informationfor order placement, service concerns (warranty and maintenance), problem reporting, and billing concerns. Provide dedicated sales representatives for participating entities. • Provide purchase order tracking. Provide hyperlinks to all environmental certification programs, including but not limited to Blue Angel, EcoLogo, Green Guard, Nordic Swan, TCO, etc. ▪ Provide hyperlinks to additional environmental programs, including but not limited to take- back/recycling programs, EPEAT, Energy Star, etc. Customer Survey developed by the State and/or State and Vendor should be available on the website. Account Purchase History: Ability for the Agency Account Manger to easily access and track previous and current orders and purchases by item across its master account and the ability to view the orders and purchases by item within specified criteria (by date, by ordering subunit, by Publisher, etc.), if the orders have been placed through the Contract Vendor's website. AttachmentA C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 8 APPLICATIONS AND -RELATED SOFTWARE AND SERVICES General Announcements: Ability for a general announcements page. This page shall have a prominent link from all pages after the log -in page. This page shall contain at a minimum: o Links to a matrix for any applicable List -Less Discount Percentages for all Major Publishers and Other Publishers. o Matrix shall include percentages for both Government and Academic. o Information regarding special promotions offered by the Major Publishers. ▪ Account Roles/Capabilities: The Contract Vendor's Web ordering system should have the ability to assign roles with different capabilities to different accounts under the master account. 6.3 (D, R) Describe any additional information that can be included on the Website, such as asset inquiry information, original configuration as shipped, and warranty expiration information. 6.4 (D, R) Describe whether you!can include service information specific to agencies .on the website. 6.5 (D, R) Web Tools: Provide a complete description of any web -based tools available for the State and CPV members. 6.6 (D, R) Online Web -Based Reporting: Describe your ability to provide an online web -based means of reporting problems and viewing of problem status and resolution. 6.7 (D, R) Online Web -Based Reporting: Describe your ability to provide an online web -based means of reporting performance metrics, availability, KPI's, etc. 7: WARRANTY 7.1 (M) Vendors shall provide the minimum Manufacturer's Warranty in the RFP response. These minimum warranties must be clearly • identified by manufacturer, by product, in the Vendor's response. The requesting agency has the discretion of dealing directly with the Manufacturer on any Warranty issue. • Upgraded Warranty requirements shall be defined by the requesting agency. Onsite warranty means the warranty service provider will either remotely access, or travel if necessary, to the facility where the warranty service is required at no additional cost to the requesting agency during the manufacturer's warranty period. Read, understand and comply. El Yes ❑ No 7.2 (D, R) Responder should provide a variety of manufacturers extended warranties and other optional warranties. Describe in general the range, variety and types of warranties you can provide including details regarding levels of support. Provide detail 7.3 (D) Manufacturer's Extended Warranty Service may be purchased in conjunction with, or separately for, items on Awarded Contracts. 7.4 (D, R) Only Contract Vendors authorized by the Manufacturer or Manufacturer's Distributor of the Hardware may provide Manufacturer's Warranty Services. Manufacturer's Warranty Service should include, but is not limited to: • Direct access to experienced, qualified, and certified Hardware technicians; • Flexible service options including telephone or e-mail support; 9 Problem resolution of reported discrepancies within a predetermined amount of time as determined by contract specifications or purchase order specifications; ® Remote technical support; • Online self-help functions; ® Onsite warranty Provide detail. 7.5 (D, R) Describe your warranty exchange program or other type repair programs available to the State including shipping. Provide detail. 7.6 (M) All defective products shall be replaced at no additional cost to the State, including shipping. Read, understand and comply. ❑ Yes ❑ No AttachmentA C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 9 APPLICATIONS AND RELATED SOFTWARE AND SERVICES 7.7 (D, R) Warranty Tracking System. Responder should provide written description detailing Respondent's warranty -tracking system. Description must include detailed informationon how your firm will useserial numbers and asset numbers to track warranties. Describe how the contract user will access the tracking system. Provide detail. 8. BUY -IT PROGRAM 8.1 (I) PURPOSE. The Minnesota "Buy -IT" program provides a purchasing mechanism for state agencies and CPV members (local governments, educational institutions and other government entities) to purchase the right IT. products at the right prices in an efficient manner. The IT. products purchased using specially designated.state contracts leverages the combined buying power of Minnesota State agencies and CPV members. The program is only possible through the efforts of inter -agency volunteer teams dedicated to controlling costs for Information Technology. The collaboration of the Office of *Enterprise Technology (OET), the Department of Administration, Materials Management Division (MMD) and the volunteer teams with a broad base of agency, local government, K-12 and higher education representation (and strong vendor support) established IT product standards for the "enterprise". 8.2 (I) STANDARDS. Standards have been developed for the following product. categories: • Desktop computers • Portable computers • Fully ruggedized portable computers • . Monitors • • Servers • Storage • Multi -function devices '• Audio-visual projectors The products and standards are refreshed (updated) as needed and may be as.often as every six months depending on the product and' the technology. The refresh process is critical to providing a set of standards that are in sync with the overall industry and adequately reflect the needs of those who rely on these standards (users). Current product standards can be viewed at http://www.oet.state•mn.us/itproducts/hardware/standards/itproduct stendards.html 8.3 (I) PRICING. Pricing may be adjusted by the vendors monthly. The program website is updated with new prices on the first of every month. To allow time for data processing all the requests must be received 7 calendar days before the first of every month. Request for price changes are to be sent to both the program team (oet.isrm@state.mn.us) and the contract management team (mmd.itteamCa state.mn.us) in a specified format. Downward price changes are automatically approved. Upward price changes are subject to, approval and are typically only allowed when an entire industry experiences a significant event . that affects prices for all vendors. 8.4 (I) CONTRACT USER PARTICIPATION. All State Agencies are required to use the Buy -IT program for products that have identified standards, CPV members may use the Buy -IT program. • 8.5 (D) VENDOR PARTICIPATION. Contract Vendors are encouraged to participate in OET's Buy -IT Program. For more information, including links to participation agreements, see: http://www.oet.state.mn.us/itproducts/vendor information/participating vendor information.html. 9. ADDITIONAL DISCOUNT PROGRAMS 9.1 (D, R) NOTIFICATION OF PROMOTIONS OR BETTER PRICES: The Contract Vendor should promptly notify the State and the Authorized Users of any promotions or better prices offered by Manufacturers. This could include a better price column on a manufacturer's price list. Any products purchased by an Authorized User during a promotion or if better prices are offered shall be invoiced at the promotion price or better price even if the State was not made aware of the offer. Provide detail. 9.2 (D, R) BULK BUY DISCOUNTS ON EQUIPMENT. Responders should propose a contractual volume discount program or plan based on dollars in a single purchase order or combination of purchase order Attachment A C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 10 APPLICATIONS AND RELATED SOFTWARE AND SERVICES submitted at one time by a Purchasing Entity or multiple entities conducting a cooperative purchase. If possible, the narrative in response to this specification should include a table indicating the additional discount percentage to be earned by volume purchased at one time. Provide detail. 9.3 (D, R) CUMULATIVE PRICING DISCOUNTS. Responders should propose a contractual, cumulative, permanent volume discount based on dollars resulting from the cumulative purchases by all governmental purchasers for the duration of their Contract: The narrative in response to this specification should include a table indicating the additional discount percentage to be earned by cumulative volume purchased. For example, Responders may propose an increase in price discounts from the baseline pricing for annual cumulative volumes greater than "X" million of dollars. The table will be used during the annual Contract Vendor performance review to verify that the additional discounts are being applied correctly. Provide detail. 9.4 (D, R) EDUCATION ONLY. Provide details on any educational discount programs available to P-12 and/or higher education. Include any information regarding such•discount programs for students and/or faculty and staff. Provide detail. 10 ACCESSIBILITY REQUIREMENTS 10.1 (I) ACCESSIBILITY STANDARDS. The State of Minnesota has developed IT Accessibility Standards effective September 1, 2010, which entails, in part, the Web Content Accessibility Guidelines (WCAG) 2.0 (Level AA) and Section 508 Subparts A-D which can be viewed at: http://www.mmd.admin.state.mn.us/odf/accessibility standard,pdf 10.2 (D, R) Web site Functionality. To gauge the accessibility of the web site being proposed, responders should provide information about the web site's functionality. Points will be awarded for web site accessibility based on the following: • Navigation elements exist (e.g. heading levels and logical reading order) e Alternative text associated with images, charts, graphs, and logos o Descriptionsassociate with every link ® Content in html Provide detail 10.3. (M, R) Product • Accessibility Information. Bylaw, the State of Minnesota buyers must make purchasing decisions based on the accessibility of applicable IT products:The State of Minnesota buyers go to your web site to select IT•produ.cts. In order for our buyers to make these decisions, they•need information about the accessibility of IT products, which is achieved by reviewing a Voluntary Product Accessibility Template (VPAT). The VPAT template can be found at :http://www.itic.org/index.php?submenu=Resources&submenu=Resources&src=gendocs&ref=vpat&cater . ory=resources The State is not requiring product accessibility information for all products on your web site. Accessibility information is only required for IT products that are applicable to accessibility standards which generally include desktop and portable computers, software applications and operating systems, telecommunications products, video and multimedia products, and self-contained/closed products. The accessibility standards do not apply to back -office products such as servers, storage, routers, and accessory devices. The State prefers product accessibility informationto be immediately available on your web site. After the first 6 months of the contract, the State reserves the right to suspend or cancel the contract if the product accessibility information is not available on your web site. Describe how you will clearly identify, on your web site, product accessibility information. ® How easily will buyers be able to access the VPAT information on your web site; within the first 6 months and after the first 6 months? o How quickly will buyers be able to access the VPAT information on your web site; within the first 6 months and after the first 6 months? ▪ How will you differentiate whether a product fully meets standards, partially meets standards, or does not meet standards on your web site; within the first 6 months and after the first 6 months? Read, understand and comply. ❑ Yes El No Provide detail. Attachment A C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 11 APPLICATIONS AND RELATED SOFTWARE AND SERVICES 11. SUBCONTRACTORS (D, R) Responders who will be using subcontractors to provide services and support must provide a listing of all subcontractors, detailing if any are Veteran, TG or ED businesses, and detailing their areas of service and support around the State. All subcontractors must be authorized service providers for the manufacturer. Provide detail. 12. PROFESSIONAL AND NON PROFESSIONAL SERVICES 12.1 (D, R) Provide a list of the most frequently utilized Professional Technical Services (SEE Special Terms and Conditions you and/or subcontractors can provide. Provide detail. 12.2 (D, R) Provide a list of the most frequently utilized professional certifications from major manufacturers that you or your subcontractors carry. Provide detail. 12.3 (D, R) Provide description on providing end user training programs the certification program of the instructors. Provide detail. 12.4 (D, R) Describe other Non Professional Services that can be provided. Provide detail. 12.6 (D, R) Describe the problem/issue escalation process for the State and CPV members (e.g., ITIL problem management process). Provide detail. 13. MANUFACURERS AGREEMENTS 13.1 • (M) MANUFACTURER AGREEMENTS. The Responder must be the manufacturer or authorized manufacturer's reselier, and must be able to provide service, maintenance and support at the time of proposal opening for all proposed manufacturers' products, if allowed by the manufacturer. The Responder must be able to provide documentation of ail manufacturer's authorizations, certifications, and qualifications of the Responder if requested by the State. The Responder and/or all subcontractors used will not invalidate the manufacturer's warranty. Read, understand and comply. ❑ Yes El No 14. MAINTENANCE AND REPLACEMENT PARTS 14.1 (D, R) MAINTENANCE PACKAGES. Responder may describe, in. detail any other maintenance packages available. Provide detail. 14.2 (D) SAME MANUFACTURERS. All replacement parts should be from the same manufacturer as those removed in all instances, unless, the State and/or CPV member site contact agrees to a substitution. 14.3 (D) CERTIFICATION. All replacement parts should be eligible for manufacturer's certification and warranty if equipment is returned to the manufacturer for repair. 14.4 . (D) DELIVERY TIME. All replacement parts should be sent within 24 hours, 90 percent of the time and within 48 hours, 100 percent of the time to the state site contact. 14.6 (D) DEFECTIVE PARTS. The defective parts should be returned to the Contract Vendor after the replacement parts have, arrived and been installed. The Contract Vendor is responsible for shipping and handling charges. 14.6 (D) WARRANTY PARTS. The Contract Vendor should be responsible for shipping and handling charges on warranty parts shipped to the customer. 14.7 (D, R) PARTS. Describe OEM, non -OEM and used parts programs, self maintenance programs, and other capabilities. Provide detail. Attachment A C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 12 APPLICATIONS AND RELATED SOFTWARE AND SERVICES 15. VALUE ADDED SERVICES 15.1 (D, R) Describe how you propose to provide the following value-added services, if any. Give examples of how value-added services were provided in the past. • Demonstration/Evaluation Equipment • Seminars • Webcasting • Training • Printer Assessments Provide detail. 15.2 (D, R) Describe any additional value-added services you are willing to provide. Provide detail. 15.3 (D, R) Provide detail regarding ability to stage equipment deliveries and services if requested by the State or CPV member. Provide detail. 16. EMERGENCY PREPAREDNESS AND SERVICE AVAILABILITY 16.1 (D, R) Responders should identify emergency contact people for sales and support, including names, phone numbers, and email addresses for the State or CPV members to use in case of a disaster. Provide detail. 17. SOFTWARE 17.1 (M) LICENSING. Contract Vendor must assure that all software has appropriate licenses permitting the State and CPV members to use the software. Read, understand and comply. ❑ Yes ❑ No 17.2 (M) LATEST VERSION. All software must be the latest version at the time of delivery unless specified otherwise by the contract user. Read, understand and comply. ❑ Yes ❑ No 17.3 (1) ENTERPRISE LICENSE AGREEMENTS. When requested, the Contract Vendor shall work with both MMD and the Office of Enterprise Technology when negotiating enterprise license agreements for software included in their contract. 17.4 (D, R) SOFTWARE UPGRADES. Contract Vendor should notify all State and CPV customers of software upgrades for software currently being used by the customer, together with associated price, if any. Contract Vendor should do the same for orders in process. The upgrades should be available from the Contract Vendor unless the manufacturer specifically states that'-s upgrades must be purchased from the manufacturer. Direct manufacturer upgrades are not covered in this Contract. Provide detail. 17.5 (D, R) SOFTWARE PUBLISHER AGREEMENTS: Responders should be able to provide Publisher Agreements upon request by the State of MN. Provide detail. 17.6 (D, R) EXTENDED MAINTENANCE AND SUPPORT PLANS. Responders should describe software maintenance and support available after the expiration of the initial publisher's coverage. Provide detail. 18. INVENTORY TRACKING 18.1 (D, R) HARDWARE AND SOFTWARE LICENSE INVENTORY AND TRACKING. Describe any capabilities regarding your capabilities of inventory tracking for hardware, software and maintenance programs. Provide detail. Attachment A C-1084(5), COMPUTERS: MICROSOFT COMPUTER EQUIPMENT, ACCESSORIES, Page 13 APPLICATIONS AND RELATED SOFTWARE AND SERVICES Services ATTACHMENT B: Pricing (State Agencies and CPV Members) - VENDOR NAME is for Technical Service including Professional Technical Services State Contract Hourly Rate List Hourly Rate Descrption Responder may provide an alternate pricing proposal/methodology for the software and associated maintenance for the ten year period in addition to the required pricing above. Provide details and pricing below: Services ATTACHMENT C: PRICING - Education VENDOR NAME is for Technical Service including Professional Technical Services Education Contract Hourly Rate List Hourly Rate Descrption Responder may provide an alternate pricing proposal/methodology for the software and associatedmaintenance for the ten year period in addition to the required pricing above. Provide details and pricing below: