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Catalog
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Document No.
C-04019663
Document Title Page 1 of 20
Agreement 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
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Agreement S-04019663 Enterasys Network Products
Buyer Name
Kathryn Lyles (FAC-DMPS)
Product Families Discounts
Product
Family
(Platform)
Price
Discount
(% off
MSRP)
Sample Product
Number Sample Product Description
Low Cost
Switching
28% V2H124-24 Matrix V2 Managed Switch with 24 10/100Base-
TX ports via RJ45 and 2 expansion slots
Advanced
Switching
and Routing
28%
N7-SYSTEM-R Matrix N7 System Bundle including Chassis, Fan
Tray and two Power Supplies
Wireless
Except Radio
Cards
11%
RBT3K-AG RoamAbout AP3000 Wireless Access Point
(multiband)
XSR Security
Routers
28%
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).
Intrusion
Detection
28% DSNSA-FE100-TX Dragon FE100 Network Sensor Appliance for the
small/branch office
Network
Management
Software
15%
NSA-LIC NetSight Atlas license for one copy of NetSight
Atlas Console
Wireless
Radio Cards
11% CSICD-AW-128 RoamAbout 802.11DS World PC Card
Cables/Trans
ceivers
5% 9342124-2M (2) ST to (1) SC Duplex M.M. Fiber, PVC
Installation
and
Professional
Services
0%
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.
Training 5% TR-ESE1 ES Switching 4 day course
Maintenance/
Support
Offerings for
Hardware
10%
1G582-09-AS-EP-NBD 24X7 Toll Free Phone Support, Web Support,
Next Business Day (NBD) Advance
Replacements, Firmware Upgrades
Maintenance/
Support
Offerings for
Software
10%
NSA-LIC-SL-2 24X7 Phone Support, 24X7 Web Services, e-mail,
Patches and Upgrades
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Agreement S-04019663 Enterasys Network Products
Buyer Name
Kathryn Lyles (FAC-DMPS)
Master Agreement
Table of Contents
Section 20.000
General Specifications
20.000 Minimum Requirements
20.010 General Procedures For Ordering From The Contracts
20.020 Deliverables
20.030 Service Warranty Options
20.040 Hardware Installation Option
20.050 Equipment Manuals
20.060 New Technology Availability
20.070 Distribution of Literature
20.080 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 Scope of Contract
40.010 Contract Period
40.020 Agencies to be Served
40.030 Basis of Price Quotations
40.050 Warranty of New Equipment
40.060 Basis of Shipments
40.070 Quantity Basis of Contract
40.080 Reporting Based on Quantity
40.090 Delivery Time
40.110 Addition or Deletion of Items
40.120 Items Other than Contract Items
40.130 Post Contract Meetings and Agreements
40.140 Cancellation Clause
40.160 Orders and Payments
40.170 Invoices
40.180 Payment
40.190 Assignment
40.200 Subcontracts
40.210 Equipment Warranty
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Agreement S-04019663 Enterasys Network Products
Buyer Name
Kathryn Lyles (FAC-DMPS)
40.220 EEO Requirements
40.250 Governing Law
Appendix Description
Appendix A Unique Circumstances for Contract Removal
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Agreement 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.
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Agreement 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
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Agreement 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
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Agreement 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.
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Agreement 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) A result of accident, misuse, or abuse
b) A result of an act of God.
c) Operation outside the usage parameters stated in the products user manual
d) Modification of the product
e) 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:
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Agreement 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
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Agreement S-04019663 Enterasys Network Products
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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
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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.
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Agreement 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 Sample Product Description
Low Cost Switching V2H124-24
Matrix V2 Managed Switch with 24
10/100Base-TX ports via RJ45 and 2
expansion slots
Advanced Switching and Routing N7-SYSTEM-R
Matrix N7 System Bundle including Chassis,
Fan Tray and two Power Supplies
Wireless Except Radio Cards RBT3K-AG
RoamAbout AP3000 Wireless Access Point
(multiband)
XSR Security Routers 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).
Intrusion Detection DSNSA-FE100-
TX
Dragon FE100 Network Sensor Appliance for
the small/branch office
Network Management Software NSA-LIC
NetSight Atlas license for one copy of
NetSight Atlas Console
Wireless Radio Cards CSICD-AW-128 RoamAbout 802.11DS World PC Card
Cables/Transceivers 9342124-2M
(2) ST to (1) SC Duplex M.M. Fiber, PVC
Installation and Professional
Services 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.
Training TR-ESE1
ES Switching 4 day course
Maintenance/Support Offerings for
Hardware 1G582-09-AS-
EP-NBD
24X7 Toll Free Phone Support, Web Support,
Next Business Day (NBD) Advance
Replacements, Firmware Upgrades
Maintenance/Support Offerings for
Software NSA-LIC-SL-2
24X7 Phone Support, 24X7 Web Services, e-
mail, Patches and Upgrades
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Agreement S-04019663 Enterasys Network Products
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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.
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Agreement S-04019663 Enterasys Network Products
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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
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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
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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.
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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.
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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.
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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
