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Catalog Master Agreement Document No. Document Title C-04019663 S-04019663 Enterasys Network Products Buyer Name Kathryn Lyles (FAC-DMPS) Manufacturer contact: Jeff Ford 11003 Craigs Creek Place Louisville, KY 40241 502 / 426-1513 E-mail - jefford@enterasys.com Sales Agent: Dell Computer Corp. Kristen Reed 2480 Astarita Way Lexington, KY 40509 859 / 806-2679 E-mail - kristen_reed@dell.com Enterasys Toll Free Telephone Number for programmatic and maintenance support: 800 / 872-8440 Page 1 of 20 Catalog Master Agreement Document No. Document Title Page 2 of 20 C-04019663 S-04019663 Enterasys Network Products Buyer Name Kathryn Lyles (FAC-DMPS) Product Families Discounts Product Family (Platform) Low Cost Switching Advanced Switching and Routing Wireless Except Radio Cards XSR Security Routers Intrusion Detection Network Management Software Wireless Radio Cards Cables/Trans ceivers Installation and Professional Services Training Maintenance/ Support Offerings for Hardware Maintenance/ Support Offerings for Software Price Discount (% off MSRP) Sample Product Number Sample Product Description V2H124-24 Matrix V2 Managed Switch with 24 10/100BaseTX ports via RJ45 and 2 expansion slots Matrix N7 System Bundle including Chassis, Fan Tray and two Power Supplies 28% N7-SYSTEM-R 28% RBT3K-AG RoamAbout AP3000 Wireless Access Point (multiband) XSR-1805 XSR Security Router, incl. EOS IP Routing, 2 10/100 ports, 2 WAN slots, VPN accelerator, 8MB Flash, 32MB DRAM, (VPN & Firewall sold separately). Dragon FE100 Network Sensor Appliance for the small/branch office NetSight Atlas license for one copy of NetSight Atlas Console 11% 28% DSNSA-FE100-TX 28% NSA-LIC 15% CSICD-AW-128 RoamAbout 802.11DS World PC Card 9342124-2M (2) ST to (1) SC Duplex M.M. Fiber, PVC PS-CSS830-001 Basic Installation For Any Stackable Switch, Workgroup Switch or Wireless Access Point by an ESE Certified Professional (Includes Stack/Mgmt Modules, Uplinks & Media Interfaces). Add (1) PS-MSC-001 Zone Charge Per Engagement. ES Switching 4 day course 24X7 Toll Free Phone Support, Web Support, Next Business Day (NBD) Advance Replacements, Firmware Upgrades 11% 5% 0% 5% TR-ESE1 1G582-09-AS-EP-NBD 10% NSA-LIC-SL-2 10% 24X7 Phone Support, 24X7 Web Services, e-mail, Patches and Upgrades Catalog Master Agreement Document No. Document Title Page 3 of 20 C-04019663 S-04019663 Enterasys Network Products Buyer Name Kathryn Lyles (FAC-DMPS) Master Agreement Table of Contents Section 20.000 General Specifications 20.000 20.010 20.020 20.030 20.040 20.050 20.060 20.070 20.080 Minimum Requirements General Procedures For Ordering From The Contracts Deliverables Service Warranty Options Hardware Installation Option Equipment Manuals New Technology Availability Distribution of Literature Universal Service Funds Section 30.000 Architectural Standards, Technical Specifications and Mandatory Requirements 30.000 Enterasys Standards Section 40.000 Terms and Conditions 40.000 40.010 40.020 40.030 40.050 40.060 40.070 40.080 40.090 40.110 40.120 40.130 40.140 40.160 40.170 40.180 40.190 40.200 40.210 Scope of Contract Contract Period Agencies to be Served Basis of Price Quotations Warranty of New Equipment Basis of Shipments Quantity Basis of Contract Reporting Based on Quantity Delivery Time Addition or Deletion of Items Items Other than Contract Items Post Contract Meetings and Agreements Cancellation Clause Orders and Payments Invoices Payment Assignment Subcontracts Equipment Warranty Catalog Master Agreement Document No. Document Title C-04019663 S-04019663 Enterasys Network Products Buyer Name Kathryn Lyles (FAC-DMPS) 40.220 40.250 EEO Requirements Governing Law Appendix Description Appendix A Unique Circumstances for Contract Removal Page 4 of 20 Catalog Master Agreement Document No. Document Title Page 5 of 20 C-04019663 S-04019663 Enterasys Network Products Buyer Name Kathryn Lyles (FAC-DMPS) Section 20 General Specifications 20.000 Minimum Requirements The following shall be considered minimum requirements regarding your company’s ability to comply with the requirements of this contract: Enterasys Hardware Requirements − Provide a completed Vendor Reliability Form. − The Vendor shall provide a minimum one (1) year warranty on all hardware equipment at no additional cost to the Commonwealth. The warranty shall not commence until the delivery of the hardware to the requesting agency. The Vendor shall maintain a call tracking system for warranty support. − Provide a written statement verifying your ability and commitment to provide delivery within 30 days. − Provide paper copies of manufacturer’s certification for all service technicians expected to perform statewide service warranties. An ESE or ESSE Certified Professional shall conduct hardware equipment installation and implementation support. Enterasys Software License Requirements − Vendor must educate districts on an ongoing basis on how to keep their Enterasys software current and to maximize their application serving computing investments. − The Vendor shall provide a minimum ninety (90) day warranty on all software products at no additional cost to the Commonwealth. The warranty shall not commence until the delivery of the software to the customer. − The Vendor shall provide enhancements (new versions or patches) to Enterasys supporting software within two (2) weeks of the manufacturer’s release dates. Enterasys Support Services Requirements − Vendor shall provide the ability to procure implementation and professional support services statewide. Services will include installations and related field services for Enterasys products. Catalog Master Agreement Document No. Document Title Page 6 of 20 C-04019663 S-04019663 Enterasys Network Products Buyer Name Kathryn Lyles (FAC-DMPS) 20.010 General Procedures For Ordering From The Contracts Districts must fill out the KETS Master Agreement order forms for the equipment they want to purchase. They must describe the cost of each unit (A), total number of each unit (B), and total cost (A*B). They must also have their financial and technology coordinators sign this form. The District then sends the KETS purchase order form to the vendor. The vendor shall ask for both forms before completing any order. Negotiation of Price. Districts can and are encouraged to negotiate a better price with KETS vendors for only the specific manufacturer's Enterprise models listed on the KETS Master Agreement. However, once a lower price has been negotiated with one district, it becomes the new statewide price for that model for the duration that particular model is on the KETS contract. Typically, vendors have special offers to quickly get rid of inventory that didn't sell well as anticipated or is outdated. If a vendor offers a special price for any time period (e.g. Offer ends 12 August), that price for that model for all districts does not end on 12 August. It is now the new price for the duration that the model is on contract. Example: If a large district like Jefferson County negotiates a lower price for a specific model from a vendor, it now becomes the new price for every district statewide for that model from that vendor. This works similar to upgrading models. The Commonwealth shall make other districts aware of any new or special price offerings as they change during this competitive process. Vendors shall maintain their own Web site accessible to all districts where they can easily/quickly view latest model numbers and prices offered on the KETS contract. This information must be easily accessible and easily recognized as "KETS Master Agreement" pricing. Districts should not have to spend an extraneous amount of time on the vendor's website searching for this information. In addition, when new products are introduced, the DMPS and OET will have final approval on whether the new model of hardware will be allowed to become part of the KETS contract. The manufacturer and vendor are to actively work with OET on product roadmaps and introduction of models to allow for a well-informed decision to be made in cases such as this. Once KDE approves the upgrade component at the OET, OET shall then inform DMPS that they recommend approval. DMPS shall then process a Modification and KDE shall update the KETS contract order form and send this to the districts. The KETS contract order form is the districts’ key indicator that the vendor has gone through all the acceptable procedures to upgrade their line. Discount Percentage off of MSRP Price adjustments. MSRP price submissions will occur on or about the 1st of the calendar month. DMPS will apply the vendor's Discount Percentage to the appropriate Product Category on the MSRP price sheet received Catalog Master Agreement Document No. Document Title Page 7 of 20 C-04019663 S-04019663 Enterasys Network Products Buyer Name Kathryn Lyles (FAC-DMPS) from the manufacturer. The vendor cannot lower their Discount Percentage for any Product Category during the initial term of the contract. For example, if the vendor bid 47% off of MSRP for a particular Product Category, they cannot reduce that Discount Percentage to 35% off of MSRP during the initial contract term in an attempt to fluctuate the customer cost of the item. If a vendor attempts to fluctuate the price of a particular model by lowering the Discount Percentage toward the end of the calendar month and then raising the Percentage on their next monthly submission, the DMPS and OET will consider the vendor in violation of their contract and the vendor may have their contract suspended and or terminated. If the vendor is throwing in free items (freebies), the vendor shall notify DMPS and KDE so we can ensure all other districts get the same freebies. The vendor cannot offer freebies for a certain time only or to only a certain district or school. Once freebies are offered, they become a statewide standard for anyone purchasing that model from the KETS contract until that model is no longer available. Vendor Responsibilities. The vendor shall name a person that will be the single point of contact (SPOC) for contract issues. The vendor shall insure that this person and all salespersons of their product will be knowledgeable in: 1) All the details of the KETS contract. 2) The Kentucky school, district office and KDE customer base. 3) The most current KETS Master Plan on our Web site and year round current events in KETS. Many times the field staff, corporate main office or Sales Agent has no idea what technical and non-technical requirements were in the original bid. The SPOC must be aggressive each day in sharing information or presenting a point of view with the selling staff and the manufacturer of the KETS hardware. To ''stay in touch'' with the Kentucky customer and the requirements of this contract, this SPOC will be required to be present at least once a week at OET in Frankfort or anywhere else in Kentucky where their services are needed by our customers. Besides keeping each other informed this face-to-face interaction minimizes the probability of small issues becoming big ones in a short period of time. It is reassuring to see the vendor's representative on a weekly basis. Instead of this being just another contract to your company, we must feel that you are making a commitment to be a contributing and well-informed member of our KETS Project team. If any issues with the contract are at hand for a particular vendor, it is nice to be able to inform this person face-to-face of the problem and know that results are coming soon since they know we will see them again face-to-face the next week. In a nutshell, having a ''local'' one-stop shop for all needs fills that void of dealing with large companies whom typically have large corporate offices out of state and cannot provide the personal touch for contract management that is needed with a contract of this size. Having an office in Kentucky also demonstrates partnership with multiple Catalog Master Agreement Document No. Document Title Page 8 of 20 C-04019663 S-04019663 Enterasys Network Products Buyer Name Kathryn Lyles (FAC-DMPS) manufacturers and commitment to resources and the needs of Education in Kentucky. We shall have a complaint desk at OET and on our Web site so our customers can quickly document vendors that are failing to meet the requirements of the contract. Vendor's contracts can be suspended or terminated based upon these complaints. New hardware submitted shall undergo extreme compliance compatibility and interoperability testing against the KETS standards. As new models are introduced, the OET will request a sampling of current models to be present on KDE's premises at all times for the duration of the contract for ongoing testing at no charge. Delivery of Evaluation Units: The vendor shall deliver all evaluation units to the OET facility loading dock off Mero Street, located on the East side of the OET facility. The vendor shall be fully responsible for delivering all evaluation models and new technology upgrades for the duration of this term contract at the address provided below: Office of Education Technology (OET) 15 Fountain Place Frankfort, KY 40601 Labels: The vendor shall provide an external label (3`` X 5`` in size) on all evaluation equipment. The label shall be semi-permanently fixed to the main processor unit on the largest painted side of each unit. Each label shall be typed with a minimum of 1/4`` high lettering and contain the following information: • • • • • • Vendor Name Vendor Phone Number Service Phone Number Hardware Specifications Unit Serial Number Model Number/Name The OET cannot be held responsible for any damage or loss to vendor supplied equipment since the Commonwealth's insurance does not cover non-Commonwealth owned equipment. All equipment that is provided is located at either 15 Fountain Place or on the 14th floor of the Capitol Plaza Tower. Even though we have strict sign-in/out procedures, door sensors, motion detectors and video cameras on the demonstration equipment, the vendor is financially responsible for any accidental damage or incident beyond our control to evaluation units while they are here (e.g. theft, natural disaster, accidental dropping by a school district inspecting the workstation prior to purchase). Our state government insurance does not cover these types of items. In five years we have only had one (1) workstation out of hundreds that sustained damage (it was dropped), and two (2) losses due to theft, which was recorded by security cameras and turned over to the vendor for prosecution. Catalog Master Agreement Document No. Document Title Page 9 of 20 C-04019663 S-04019663 Enterasys Network Products Buyer Name Kathryn Lyles (FAC-DMPS) 20.020 Deliverables All deliveries of equipment must include: • Power Cabling; • Software; • Initial supplies; • Technical equipment manuals; • Operator Manuals; • Optional Installation: If installation has been purchased, installation and setup of equipment shall include unpacking equipment from box(s), mechanical and electrical installation of all components to main unit. Connection of all power and signal cables, and removal of boxes from customer site. 20.030 Service Warranty Vendor shall include with all purchases hardware maintenance for the first year at no additional charge to begin at the time of delivery. This is to cover all hardware components purchased from the Master Agreement. After the one-year period, if hardware maintenance is desired, it will be the responsibility of the district to procure from either this contract or other approved sources. The manufacturer shall provide limited warranty maintenance for items purchased through this contract. Limited warranty maintenance does not extend to the product that has been damaged or rendered defective due to: a) b) c) d) e) A result of accident, misuse, or abuse A result of an act of God. Operation outside the usage parameters stated in the products user manual Modification of the product A result of service by anyone other than (manufacturer), a (manufacturer) authorized reseller, or a (manufacturer) authorized service provider. Expendable parts, such as non-rechargeable batteries, carrying cases, etc. are not covered. Damage due to loss of any programs, data or removable storage media is not covered. ON-SITE WARRANTY: Vendor shall be required to include 1 year of hardware maintenance in the initial purchase cost. After the initial 1-year period, if hardware maintenance is desired, it will be the responsibility of the district to procure from either this contract or other approved sources. Warranty shall meet the following criteria: Catalog Master Agreement Document No. Document Title Page 10 of 20 C-04019663 S-04019663 Enterasys Network Products Buyer Name Kathryn Lyles (FAC-DMPS) • • • • • • • • • Must have a Toll Free phone number for all calls (no busy signals, answered by the third ring, hold time no longer than 2 minutes, and a call tracking system); All labor including installation of parts, connection of all power and signal cables, reinstallation of software and all involved with making the hardware fully functional and network ready; 5 business days per week, Monday through Friday. Call back within 1 hour of placing call; If the phone line remains busy after 3 tries you must: E-mail the customer if at all possible (KDE and district offices all have this ability and 60% of the schools have this ability). If the school doesn’t have e-mail and their phone line remains busy after three separate tries (each attempt must be at least 5 minutes apart) then you must either fax them, e-mail the district office or telephonically inform the DTC or technical staff at the district office; All technicians shall be properly certified ESE or ESSE Certified Professional technician; Hardware fully operational within 24 clock hours. Vendor is not responsible for disaster recovery (e.g., reloading application software, reloading network operating software (NOS), re-configuration of network and IP addresses, and reloading data). The cost is the same throughout the state.; Replacement parts shall be new or reconditioned, and of equal or better quality than original parts; There shall be no charge for any shipping and handling of parts MAINTENANCE EXPECTATIONS: There shall be a complaint desk at KDE and on our web site so our customers can quickly document vendors that are failing to meet the service requirements of the contract. Quarterly reports will be generated which will assist us in identifying vendors whom have not successfully met service response times. The vendor shall meet service specifications in Section 20.030 for a minimum of 95% of total annual service calls. The vendor is allowed this 5% failure rate based on total service calls they receive annually due to vehicle break down, parts that get lost, addresses being difficult to find, etc. Vendor’s contracts can be suspended or terminated based upon failing at more than 5% of service calls or by customer complaints and/or the results of these reports. The contract holder shall be held solely accountable for all services conducted under the terms and conditions specified in this warranty. Service calls taken by any technical support center(s) shall be quickly turned over to second and third levels of support for quick resolution rather than attempts to resolve issues at that point. All support personnel shall be certified by the manufacturer of equipment (for example, if this vendor supplies Vendor X equipment, support staff shall Catalog Master Agreement Document No. Document Title Page 11 of 20 C-04019663 S-04019663 Enterasys Network Products Buyer Name Kathryn Lyles (FAC-DMPS) hold a manufacturer’s certification and be certified by Vendor X to perform service on Vendor X equipment). The vendor shall maintain accurate records indicating a minimum of the following: • • • Number of service calls by District made in complete compliance to specifications outlined in this Section 20.030. Number of service calls not resulting in complete equipment functionality within 24 hours of initial service call. Detailed data regarding customers name, address, phone number, date of service, date service is complete, and reasons this service call was not complete within 24 hours shall be required. The vendor shall prepare and present this information upon request to the Commonwealth as specified in Section 40.130. 20.040 Hardware Installation Option Purchaser may choose installation at time of purchase. The Commonwealth requires installation charges to be separate from unit price. When installation is purchased, the vendor shall be responsible for unpacking, uncrating, mechanically and electronically installing all hardware and associated hardware options connected with the order. The vendor shall make connection of all power and signal cabling and in all other respects making the equipment ready for operational use. The Commonwealth and/or purchaser, at its own expense, shall prepare the site prior to the scheduled delivery date. The vendor is not responsible for disaster recovery (e.g., application software, reloading data). 20.050 Equipment Manuals All instruction, maintenance, and technical equipment manuals produced by the manufacturer describing the characteristics and/or operation of the equipment shall be identified and incorporated as part of the contract. All manuals shall be furnished in paper or electronic media versions, or both, for all equipment purchased. 20.060 New Technology Availability If the Contractor updates the technology on which the KETS product line award is Catalog Master Agreement Document No. Document Title Page 12 of 20 C-04019663 S-04019663 Enterasys Network Products Buyer Name Kathryn Lyles (FAC-DMPS) based, the Commonwealth shall be entitled to the updated technology at OET. 20.070 Distribution of Literature Upon request, the contractor shall furnish descriptive literature, technical data, catalog of peripherals, and service information for items awarded. 20.080 Universal Service Funds Vendor, manufacturer or contractor recognizes that all Kentucky schools and the Kentucky Department of Education are participating in the Universal Service Fund Program (E-Rate) and guarantees that any approved discounts for any product or service procured as a result of this contract, be honored throughout the whole life of this contract award including any and all extensions. In addition, contract holder will designate an internal employee who will work with the vendor’s Single Point of Contact for this contract to assist school districts and KDE with USF compliance and issues. Catalog Master Agreement Document No. Document Title Page 13 of 20 C-04019663 S-04019663 Enterasys Network Products Buyer Name Kathryn Lyles (FAC-DMPS) Section 30 Architectural Standards, Technical Specifications and Mandatory Requirements 30.000 Enterasys Standards The KETS Architectural Standards currently identify Enterasys as an Enterprise Standard for this type of equipment. Product Family (Platform) Sample Product Part Number Low Cost Switching V2H124-24 Advanced Switching and Routing N7-SYSTEM-R Wireless Except Radio Cards RBT3K-AG XSR Security Routers XSR-1805 Intrusion Detection DSNSA-FE100TX Sample Product Description Matrix V2 Managed Switch with 24 10/100Base-TX ports via RJ45 and 2 expansion slots Matrix N7 System Bundle including Chassis, Fan Tray and two Power Supplies RoamAbout AP3000 Wireless Access Point (multiband) XSR Security Router, incl. EOS IP Routing, 2 10/100 ports, 2 WAN slots, VPN accelerator, 8MB Flash, 32MB DRAM, (VPN & Firewall sold separately). Dragon FE100 Network Sensor Appliance for the small/branch office Network Management Software Wireless Radio Cards Cables/Transceivers NSA-LIC CSICD-AW-128 9342124-2M NetSight Atlas license for one copy of NetSight Atlas Console RoamAbout 802.11DS World PC Card (2) ST to (1) SC Duplex M.M. Fiber, PVC Installation and Professional Services Training PS-CSS830-001 TR-ESE1 Maintenance/Support Offerings for Hardware 1G582-09-ASEP-NBD Maintenance/Support Offerings for Software NSA-LIC-SL-2 Basic Installation For Any Stackable Switch, Workgroup Switch or Wireless Access Point by an ESE Certified Professional (Includes Stack/Mgmt Modules, Uplinks & Media Interfaces). Add (1) PS-MSC-001 Zone Charge Per Engagement. ES Switching 4 day course 24X7 Toll Free Phone Support, Web Support, Next Business Day (NBD) Advance Replacements, Firmware Upgrades 24X7 Phone Support, 24X7 Web Services, email, Patches and Upgrades Catalog Master Agreement Document No. Document Title Page 14 of 20 C-04019663 S-04019663 Enterasys Network Products Buyer Name Kathryn Lyles (FAC-DMPS) Section 40 Terms and Conditions 40.000 Scope of Contract This Master Agreement is for the purchase, delivery, and warranty of Enterasys Network products for the Kentucky Education Technology System. 40.010 Contract Period The contract will be for the initial period of two (2) years from the date of award. This contract may be extended at the completion of the initial contract period for four (4) additional two-year periods. This extension must have the written approval of the vendor and the Division of Material and Procurement Services. The Commonwealth of Kentucky reserves the right to renegotiate any terms and/or conditions as may be necessary to meet requirements for the extended period. The vendor will be advised of any proposed revisions prior to the renewal periods. In the event proposed revisions cannot be agreed upon, either party shall have the right to withdraw without prejudice from either exercising the option or continuing the contract in an extended period. 40.020 Agencies To Be Served This contract shall be for use by the Commonwealth of Kentucky for the following: • • Department Of Education Local Schools And School Districts Delivery of products shall be made only as authorized by receipt of an official purchase order as set forth in the contract provisions. 40.030 Basis of Price Quotations Discounts established by the contract shall be firm for the contract period. However, it does not preclude the buyer from negotiating a more advantageous price. PRICE ADJUSTMENTS are subject to the following: Price Decreases: The contract price shall be reduced to reflect any price decreases afforded other clientele. The contract holder is required to furnish the Division of Material and Procurement Services with notice of any price decreases, as soon as such decreases are available. Catalog Master Agreement Document No. Document Title Page 15 of 20 C-04019663 S-04019663 Enterasys Network Products Buyer Name Kathryn Lyles (FAC-DMPS) Price Increases: A reduction in the discount from MSRP shall not be allowed during the term of the contract. The discount percentage on the Master Agreement is the minimum allowable discount to be provided. If undue hardship results, the contract holder must request in writing that the contract be terminated thirty (30) days prior to the effective date. The Division of Material and Procurement Services may honor the request and the contract shall be terminated. Extended Contract Periods: If contract renewal option is exercised, a price adjustment may be granted at that time in line with the industry. 40.050 Warranty of New Equipment The awarded contractor warrants that all equipment supplied hereunder for the term of this Master Agreement shall be new, in current production, and of identical quality as originally submitted. The Commonwealth may, at their own discretion, sample the quality of equipment being purchased by the customers at any time during the contract term. If during the sampling process, equipment purchased under this contract is less than the quality originally bid, their Master Agreement may be terminated. 40.060 Basis of Shipments Prices shall be FOB Destination. The vendor shall be fully responsible for all shipments and freight charges involved in delivery to the ordering entity. 40.070 Quantity Basis of Contract Any and all quantities mentioned are purely estimates, and are not to be implied nor inferred as being guarantees. The State is obligated to buy only that quantity needed by its schools during the term of the contract. Requirements may exceed the quantities shown and the contractor will be required to furnish all requirements shown on Delivery Orders dated during the life of the contract. 40.080 Reporting Based on Quantity The contractor is required to furnish the Commonwealth with quarterly reports of how many units are sold per District. Reports must include at a minimum the model name and number, unit cost, date of purchase, PO number and District/School name for all units purchased from the KETS contract. 40.090 Delivery Time The vendor shall maintain or have available an inventory sufficient to make shipment of Catalog Master Agreement Document No. Document Title Page 16 of 20 C-04019663 S-04019663 Enterasys Network Products Buyer Name Kathryn Lyles (FAC-DMPS) the complete purchase order within 30 calendar days from the receipt of the purchase order. Those that don’t supply 100% of items ordered within 30 calendar days of receipt of purchase order are subject to shipping penalties, contract suspension or termination. The 30 day clock starts on either (1) the day electronic or paper mail receipt of the district’s purchase order by the vendor or (2) the date on the district’s registered mail return receipt, whichever is sooner. Delivery time(s) in excess of thirty (30) calendar days after receipt of order may result in penalties, suspension or termination of contract. Penalties. Delivery penalties will be applied at a rate of 5% for each 7-day calendar week for those products not delivered within 30 calendar days of receipt of purchase order. Example: Vendor X has received a purchase order for 10 units each costing $2,000.00. Nine (9) units have been delivered within 30 calendar days but one (1) unit has not. On the 37th day (7-day week) vendor X will be charged $100.00 (5%) for the unit not delivered. If two (2) units had not shipped, the vendor would be charged $200.00 (5% of $4,000.00). Additionally, if the unit is not delivered by the 43rd day, vendor X will be charged another $100.00. Penalties will continue to be charged to the vendor each subsequent week until the unit is delivered to the customer. Penalties shall be deducted from the invoice. Hardware Configuration. Vendor shall deliver all hardware with the exact configuration as specified by the District/School. However, the Commonwealth realizes the probability for human error to occur. Therefore, we expect a 95% annual accuracy for correct hardware and software configurations. There shall be a complaint desk at KDE and on our Web site so our customers can quickly document vendors that are failing to meet the requirements of their contract. The Commonwealth will generate reports, which identify vendors that have failed to successfully deliver correct configuration of equipment for more than 5% of units shipped annually. Vendor’s contracts can be suspended or terminated based upon these complaints and/or poor performance identified from the results of these reports. 40.110 Addition or Deletion of Items The Division of Material and Procurement Services reserves the right to add to any contract additional or new items. ONLY THE DIVISION OF MATERIAL AND PROCUREMENT SERVICES MAY ISSUE AUTHORIZATION FOR SUCH ADD-ON. The Division of Material and Procurement Services shall determine if any item usage warrants such an addition to a contract. Should an addition be in agreement with the Division of Material and Procurement Services and the contractor, the Division of Material and Procurement Services shall issue a Modification to the Master Agreement. Until such time as the vendor receives Catalog Master Agreement Document No. Document Title Page 17 of 20 C-04019663 S-04019663 Enterasys Network Products Buyer Name Kathryn Lyles (FAC-DMPS) the Modification, the vendor shall not accept any order from any agency for items not on the Master Agreement. 40.120 Items Other Than Contract Items The vendor may accept orders only for items listed on the contract. Any vendor that is found to accept and ship items other than those listed on their contract, against their Master Agreement number, risk cancellation of contract. Such shall not only be grounds for cancellation, but also removal of the vendor from the bid list. 40.130 Post Contract Meetings and Agreements This contract shall constitute the entire agreement between the state and the vendor. Unless contractually provided, those authorized to use this contract shall not be required to enter into or sign further agreements, company orders or other documents to complete or initiate the terms of a contract. Any such documents so obtained shall be non-binding on the state and be cause for breach of contract. The vendor shall meet with OET in Frankfort, KY on a quarterly basis. The vendor shall prepare a report on a quarterly basis and deliver it to OET in paper or electronic format. The vendor shall prepare to discuss and present report information as well as any contractual issues, successes, lessons learned, performance measurements, product information, and pricing. The Commonwealth may periodically request review of invoices of KETS delivered equipment. When requested a KETS vendor shall provide actual purchase invoices from the manufacturer for hardware delivered over a specified period of time sold against their contract. The invoices will be used by the Commonwealth in calculating the percent of price over cost being applied to the schools of Kentucky. 40.140 Cancellation Clause The Commonwealth may cancel the contract by giving written notice, thirty (30) days prior to the effective cancellation date. In the event such action is taken, the contract shall be null and void upon receipt of a Modification from the Division of Material and Procurement Services canceling the contract. 40.160 Orders & Payments All purchase orders to the contractor shall be mailed to the order addresses stated on the Master Agreement, regardless of any differences stated by the sales representative or stated on the invoice. Catalog Master Agreement Document No. Document Title Page 18 of 20 C-04019663 S-04019663 Enterasys Network Products Buyer Name Kathryn Lyles (FAC-DMPS) 40.170 Invoices Invoices for items ordered, delivered and accepted by state agencies shall be submitted by the vendor directly to the agency receiving delivery, unless otherwise stated on the contract. Invoices for equipment provided to teachers shall be invoiced to them. All invoices shall show the Master Agreement number. Prices charged cannot exceed the contract price. The Commonwealth of Kentucky is only responsible for payment when the purchaser is a state agency. 40.180 Payment The vendor shall be paid, upon the submission of proper invoices to the receiving agency at the prices stipulated for the supplies delivered and accepted, or services rendered. Unless otherwise specified, payment will not be made for partial deliveries accepted. Payments will be made within thirty (30) working days after receipt of goods or a vendor’s invoice in accordance with KRS 45.453 and KRS 45.454. Initial invoice period shall commence upon date accepted by the ordering agency. After equipment has been received and invoices submitted to the using agency, it shall be the responsibility of the using agency to make payment. Any questions concerning payment should be addressed to the ship-to agency listed on the agency purchase order. Do not submit invoices, past due statements, etc. to the Division of Material and Procurement Services. 40.190 Assignment The Contractor shall not assign this Contract in whole or in part to another Contractor at any time during the initial or optional renewal terms of the contract. Any purported assignment shall be null and void. 40.200 Subcontracts The vendor shall make no contract with any other party for furnishing any of the work or services contracted herein, without the consent, guidance and approval of the Commonwealth. Any subcontract hereunder entered into, subsequent to the execution of the contract with the prime vendor, must be annotated and approved by the Commonwealth. This provision will not be taken as requiring the approval of contracts of employment between the vendor and personnel assigned for services hereunder. 40.210 Equipment Warranty The manufacturer’s most favorable warranty offered to preferred customers shall apply to all items. A copy of such warranty shall be furnished to the agency upon delivery of the equipment or product. Catalog Master Agreement Document No. Document Title Page 19 of 20 C-04019663 S-04019663 Enterasys Network Products Buyer Name Kathryn Lyles (FAC-DMPS) 40.220 EEO Requirements The Equal Employment Opportunity Act of 1978 applies to All State government projects with an estimated value exceeding $250,000. The Contractor shall comply with all terms and conditions of the Act. 40.250 Governing Law This Master Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky and any litigation with respect to this Master Agreement shall be brought in state or federal court in Franklin County, Kentucky. ALL PROVISIONS OF THE SOLICITATION, S-04019663, SHALL BE PART OF THIS CONTRACT. Catalog Master Agreement Document No. Document Title Page 20 of 20 C-04019663 S-04019663 Enterasys Network Products Buyer Name Kathryn Lyles (FAC-DMPS) Appendix A Unique Circumstances for Contract Removal Unique circumstances that would remove one Sales Agent and would allow another Sales Agent to be placed on the KETS Enterasys Networks Contract. 1. Sales Agent fails the 90-day probationary period. During the 90-day support evaluation period, the newly awarded vendor shall be added to the KETS approved vendor list at which time they shall commence business with the Commonwealth of Kentucky. If however, the newly awarded vendor fails the service evaluation at anytime within the 90-day period, this vendor gets removed from the KETS approved vendor list at which time their contract is terminated. The Commonwealth may then select the next lowest bidder and begin the 90-day support evaluation and the process is repeated until a vendor passes all phases of testing or no other vendors are available to choose from. The Commonwealth shall not be obligated to pursue further contracts; however, they have the ability at their own discretion to do so. 2. Sales Agent is removed or ceases to be a company that sells the original brand or future approved enterprise model of their bid. If within 12 months of the award date a Sales Agent for some reason is removed from the contract, is no longer an authorized Enterasys reseller partner, or ceases to be a company that sells the brand on their original bid, the Commonwealth can go to the next bidder in line. For example, if Sales Agent ABC sold Enterasys and for some reason they were removed from the contract within the first 12 months, the next lowest bidder selling Enterasys could go through the evaluation process. After this 12-month window, no vendors will be added without rebidding the entire contract
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