The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Resolution R-2006-227Temp Reso#11088 November 13, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE PURCHASE OF NEW STORAGE EQUIPMENT TO EXPAND THE CITY'S STORAGE AREA NETWORK FROM CDW-G, UTILIZING STATE OF FLORIDA CONTRACT #250-000-03-1; AUTHORIZING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $73,912.80, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida awarded Contract #250-000-03-1, attached hereto as Exhibit 1, to multiple vendors including Dell Computer and CDW-G; and WHEREAS, on July 18, 2006 the Department of Management Services of the State of Florida issued an Extension Provision for Contract# 250-000-03-1 with a renewed effective date from August 1, 2006 to December 31, 2007 in Memorandum No: (205-000- 03-1)-10, attached hereto as Exhibit 2; and WHEREAS, the City Commission approved the funding for upgrading the City's Storage Area Network (SAN), increasing storage capacity from 1 Terabytes (TB) to 5 Terabytes (TB) in the FY 07 budget; and WHEREAS, the State Contract includes reputable vendors giving us the opportunity to pick the most suitable systems for the need; and WHEREAS, proposals were received from Dell Inc. and CDW-G; and WHEREAS, CDW-G proposal offered the best solution for less cost; and WHEREAS, City Code §6-155 allows the waiver of formal contract procedures for all supplies, materials and equipment, that are the subject of contracts with the State; and Temp Reso#11088 November 13, 2006 Page 2 WHEREAS, it is the recommendation of the Director of IT that the SAN system be purchased from CDWG under State Contract #250-000-03-1 for an amount not to exceed $73,912.80; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to purchase the new SAN system from CDW-G under State Contract #250-000-03-1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City Officials are hereby authorized to purchase a new SAN system from CDW-G under the State Contract #250-000-03-1 for an amount not to exceed $73,319.80. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 1 1 SECTION 5 passage and adoption. Temp Reso#11088 November 13, 2006 Page 3 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this day of 2006. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN CITY ATTORNEY 1 0 , r MAYOR - Roe zd I R/ �41 M Beth Flansbaum-Talabisco RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2. COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER Contract No. 250-000-03-1 Information Technology Hardware EXH _=Z_ �1 TR#11 0$a Technical Specifications Contents 2.01 Eligible Hardware 2.02 Eligible Brands 2.03 Additional Eligible Brands 2.04 Video Teleconferencing Systems and Video Bridging Equipment Specification 2.05 Standard Support Levels 2.06 Additional Support -Video Teleconferencing and Video Bridging Equipment 2.07 Refurbished and Remanufactured Product 2.01 Eligible Hardware: The Contract shall include hardware products grouped within the following categories: • Personal Computers • Thin, Clients • Servers • Contivity Devices • Unintemiptible Power Supplies and Surge Suppressors • Storage Devices • Printers • Videoconferencing Systems and Video Bridging Equipment • Firewalls Hardware subcategories are identified below under "Eligible Brands" and on the bid tables. In addition, during the term of the Contract, Contractors may offer hardware components normally associated with the product category or subcategory they are authorized to offer, provided (1) they shall do so at the same or greater percentage price discount offered for the category or subcategory and (2) the product does not fall within another category or subcategory that the Contractor is not authorized to offer. For example, a Contractor authorized to offer Personal Computers may offer monitors, keyboards, mice, memory upgrades, pen plotters, scanners, CD-ROM drives, data storage, CPU upgrades, digital cameras, handheld computers, monitors, expansion cards, modems, speakers and other standard system components; the Contractor shall not, however, offer printers, unless authorized to do so either as a direct bidder under those categories or as a reseller certified by a direct bidder under those categories. Contractors shall also offer at the same or greater percentage price discount, and either installed or uninstalled at the Customer's option, software essary or reasonably related to their authorized hardware; for example, operating systems, productivity suites, communications, etc. Contractors may also install preconfigured software loads provided by the Customer. This additional hardware and software option is for the convenience and benefit of Customers and Contractors. The intent of the option is to promote "one -stop shopping" for both basic and enhanced systems. The Department reserves the right to prohibit the sale of any and all additional products if the Department determines, in its sole discretion, that a Contractor is abusing the option to circumvent Contract pricing or to offer products it is not authorized to offer. In any "bundled deal," Customers are encouraged to review pricing carefully, to purchase products that meet their needs at the lowest net delivered costs, and to report any problems to the Contract Specialist. The Department reserves the right to increase or decrease the number of authorized hardware categories and subcategories as markets change and new technologies emerge. 2.02 Eligible Brands: Only the following brands shall be eligible for bid within each category and subcategory, unless a bidder satisfies the criteria outlined below under paragraph 2.03, "additional eligible brands." Particular products within each brand are identified on the bid tables included in section 4.0 of these solicitation documents; bidders may offer those products most closely associated with the identified products as of the date bids are due. * Personal Computers • Desktop PCs: Acer, Compaq, Dell, Fujitsu/Siemens, Gateway, Hewlett-Packard, IBM, Micron. • Portable PCs: Acer, Compaq, Dell, Fujitsu/Siemens, Gateway, Hewlett-Packard, IBM,, and Toshiba * Workstations: Compaq, Dell, Fujitsu/Siemens, Hewlett-Packard, IBM, and SGI * PC Servers: Compaq, Dell, Fujitsu/Siemens, Gateway, Hewlett-Packard, IBM.. • • Thin Clients: Acer, Boundless Technology, Cedar Systems, Compaq, IBM, Neoware, Netier and Network Computing Devices • Servers * Enterprise Servers: Compaq, Fujitsu/Siemens, Hewlett-Packard, IBM, NCR, Sun, and Unisys • Midrange Servers: Bull, Compaq, Fujitsu/Siemens, Hewlett-Packard, IBM, and Sun + Entry -Level Servers: Bull, Compaq, Fujitsu/Siemens, Hewlett-Packard, IBM, and Sun * Server Appliance for Internet Applications: CacheFlow, Compaq, Dell, Hewlett- Packard, IBM, NETmachines, Network Appliance and Sun * Contivity Devices • Network Routers: 3Com, Alcatel, Cisco, Enterasys, Emicsson, Juniper, Lucent, Netgear, and Nortel • Network Switches: 3Com, Alcatel, Avaya, Cisco, D-Link, Enterasys, Extreme Networks, Foundry Networks, Hewlett-Packard, Marconi, Netgear, Nortel, and SMC * Uninterruptible Power Supplies and Surge Suppressors: American Power Conversion, Best Power, Exide Electronics Group, IntelliPower, and TrippLite • Storage Devices • Disk Array: Compaq, EMC, Fujitsu/Siemens, Hewlett-Packard, Hitachi, IBM, LSI, Storage Technology, and Sun • Optical: FileNET, Hewlett-Packard, Plasmon LMS and Maxoptic • Tape Products: ADIC, Benchmark, Compaq, Dell, Ecrix, Exabyte, Hewlett- Packard, IBM, Overland Data, Quantum/ATL, Seagate, Sony, Storage Technology, Sun, and Tandberg • Printers • Production Printers: Canon, Heidelburg, IBM, OCE, Xeikon, and Xerox Workgroup Printers: Canon, Hewlett-Packard, IBM, Lexmark, Minolta-QMS, OCE, Oki Data, Ricoh, Sharp, and Xerox • Videoconferencing Systems and Video Bridging Equipment: , PictureTel, Polycom, Sony, Tandberg, VCON and VTEL • Firewalls: Atipa, Axent Technologies, BorderWare Technologies, CyberGuard, Equant Integration Services, eSoft, Freemont Avenue Software, IBM, InfoExpress, Internet Appliance, Livermore Software Laboratories, Netscreen Technologies, NetWolves, PGP Security, Solsoft, SonicWall, Symantec, Tiny Software, WatchGuard Technologies, Zone Labs and Zyan Communications. 2.03 Additional EU2 ble Brands: In addition to the foregoing brands, the Department will consider other manufacturers' brands. To be eligible for consideration, a bidder must conclusively demonstrate, by documentation submitted with its bid in the manner and time described in the Instructions to Bidders, either (1) for all categories except Video Teleconferencing, that the brand offers products comparable to those identified and that it satisfies the criteria for "other" brands specified on the bid table for that particular category (for example, a minimum installed base, greater percentage of market share, etc.), or (2) for Video Teleconferencing Systems and Video Bridging Equipment, that the brand complies with the following specification (section 2.04). 2.04 Video Teleconferencing S terns and Video Bridging E ui meat Specification Standard Protocols International Telecommunication Union - Telecommunication Standardization Sector ITU-T H.221 Frame structure for a 64 to 1920 kbit/s channel in audiovisual teleservices H.224 A real time control protocol for simplex applications using the H.221 LSD/HSD/MLP channels H.230 Frame -synchronous control and indication signals for audiovisual systems H.231 Multipoint control units for audiovisual systems using digital channels up to 1920 kbit/s H.242 System for establishing communication between audiovisual terminals using digital channels up to 2 Mbit/s H.243 Procedures for establishing communication between three or more audiovisual terminals using digital channels up to 1920 kbit/s H.261 Video CODEC for audiovisual services at p x 64 kbit/s H.263 Video coding for low bit rate communication H.281 A far end camera control protocol for videoconferences using H.224 H.320 Narrow -band visual telephone systems and terminal equipment H.323 Packet -based multimedia communications systems G.711 Pulse code modulation (PCM) of voice frequencies G.722 7 kHz audio -coding within 64 kbit/s G.728 Coding of speech at 16 kbit/s using low -delay code excited linear prediction T.120 Data protocols for multimedia conferencing Copies may be obtained from: International Telecommunication Union List of ITU-T Recommendations www.itu.int/publications In systems where equipment of different manufacturers is proposed, the Contractor is responsible for insuring the compatibility of the equipment to be purchased, including any required tests or demonstrations. The teleconferencing equipment covered by this specification shall be supplied with all essary software and AC power cord. The Contractor shall provide the Customer with any assistance required in selecting the essary equipment, options, and accessories needed to configure teleconference systems meeting user needs. CODEC Diagnostics: All CODEC's shall include diagnostics for local use. Specific diagnostics must be listed that are available either remotely or locally. Software Updates: As a part of the warranty in the first year and under any maintenance agreement thereafter, software updates for CODEC's purchased under this specification shall be updated, at no cost to the Customer, in a timely manner to adhere to new standards when they are incorporated by the Contractor. Auto -Answer: The CODEC shall be capable of engaging in a videoconference automatically when called or conted. Transmission Data Rates/Standards: The CODEC shall be capable of supporting ITU-T standards H.320 or H.323 or both (i.e., dual compliant). An H.320 compliant CODEC shall be capable of full duplex, color video and integrated audio for transmission across industry standard telephone facilities (T-1 and ISDN) with transmission rates of at least 112 Kbps. An H.323 compliant CODEC shall be capable of full duplex, color video and integrated audio transmission across LAN/WAN facilities at transmission rates of at least 128 Kbps. CODEC Video: The CODEC shall have picture resolution of no less than 352 x 288 pixels at full CIF (FCIF), and shall support picture -in -picture or windowing. The CODEC shall be capable of being conted to a video bridge for multi -room conferences. CODEC Audio: The CODEC audio system shall: • be full duplex, have active echo cancellation, and be simple to tune for a particular room; • be compatible with other video conferencing systems; • allow normal conversation between rooms as if the users were in the same location; • allow users to talk from both ends at the same time, with interruptions to either party, without clipping, distortion, or loss of contents; • have privacy or mute function capability from the system control unit; • support the requirement of a bridge or virtual bridge for multi -room conferencing; • provide for "Lip Sync" between the video and audio and allow volume adjustments from the CODEC control unit; and • contain the audio amplifiers, echo canceller, and combiner either internal to the CODEC or by the use of external equipment, as well as the control switching functions for both audio and video. Video Bridging E ui ment General: The video bridging equipment covered by this specification shall be supplied with all essary hardware, software, and cables needed to coat to the network and AC power. The video bridge shall be configured according to the Customer's requirements at the time of order. Minimum Requirements Video Compression Algorithms: Video bridges shall be capable of integrating signals from ITU- T H.320 and/or H.323 compliant CODECs and support ITU-T H.231 (Multipoint control units for audiovisual systems using digital channels up to 1920 kbit/s); and be able to link at least three (3) H.320 and/or H.323 CODECs. Video bridges shall also be compatible with ITU-T H.243 (Procedures for establishing communication between three or more audiovisual terminals using digital channels up to 1920 kbit/s) for control procedures between H.231 video bridges and H.320/H.323 CODECs. Cascading: All ITU-T H.320 video bridges shall accept a minimum of three simple video bridge cascades. SwitLhiM. All video bridges shall support ITU-T H.243 (Procedures for establishing communication between three or more audiovisual terminals using digital channels up to 1920 kbit/s) voice activated switching (sites are viewed as participants speak), and shall have chair person controlled video switching (facilitators at sites select site to view). Reservation and Diaenostics: The video bridge shall provide conference reservation features, either by built-in software or by communication with an outside reservation system. The reservation feature shall provide advanced scheduling capabilities with automatic dial up and/or manual dial -in of conference sites, and ad hoc conferencing configurations. Additionally, operational control and monitoring of multipoint conferences shall be included and shall provide complete analysis and control of all conferences. Audio Compression_ Algorithms: Video bridges must support at least the following ITU-T audio coding schemes: G.711, G.722 and G.728. 2.05 Standard Support Levels„ Contractors shall provide the following levels of support under the Contract: • Inside delivery, with buyer set-up and installation • Standard manufacturer's warranty • 30-day money back guarantee, return to Contractor, with no shipping charges or restocking fee or comparable charges Optional Support that may be offered on particular purchases: • Contractor set-up and installation • Warranty upgrade (to 5-year maximum). Warranty upgrade may be purchased at time of system purchase or during the warranty period • Warranty service response upgrade, e.g.; maximum 4-hour response and/or 8-hour response Optional support levels resulting in increased cost to Customers shall be clearly and separately identified on the Contractor's authorized product and price list. Integrated components shall carry the same support level and warranty provisions as the system (by way of non-exclusive example, monitors, keyboards, mouse and trackball, expansion boards, network interface cards, intemal modems, and multimedia). Customers shall not be required to purchase maintenance from Contractor and may enter into separate agreements for maintenance and support with persons other than Contractor. 2.06 Additional Su ort -Video Teleconferencing and Video Bridging E ui ment In addition to the Standard Support Levels referenced above, the following minimum Customer training is required. The cost of this training shall be included in the purchase price of the equipment. Video Teleconferencing Equipment: When requested by the Customer, the Contractor shall provide on -site training in the use of the new equipment at each of the Customer's videoconference rooms. Training shall include all aspects of equipment operation, including basic problem identification, and shall include operating instructions and system documentation. Training sessions shall be at least one hour in length, and may be consolidated with the Customer's approval for multiple systems delivered to the same location, e.g., a building or campus. Training dates and times shall be coordinated with the Customer. • Video Bridging Equipment: When requested by the Customer, and for each video bridging equipment package purchased, the Contractor shall provide on -site technical and operational training for at least one system administrator. The training session shall be at least four hours in length. Training shall include all required instruction manuals, technical documents, and software, and shall cover all aspects of the programming and operation of the equipment. This training may also be supplemented by user training at the Contractor's facilities. Training dates and times shall be coordinated with the Customer. 2.07 Refurbished and Remanufactured Product: The State encourages recycling and conservation of resources. Toward this end, a Contractor may offer refurbished and remanufactured product and product with refurbished and remanufactured components. "Refurbished" means the product or component has been cleaned, resurfaced, re -engineered, and returned to its original level of operation. "Remanufactured" means the product or component has been repaired or upgraded by incorporating used equipment, parts, or systems from elsewhere. A CONTRACTOR SHALL CONSPICUOUSLY IDENTIFY ANY REFURBISHED OR REMANUFACTURED PRODUCT OR COMPONENTS OFFERED UNDER THE CONTRACT. Any such product shall be completely tested by the Contractor and ready for installation, and shall be covered by the standard support levels specified in sections 2.05 and 2.06. Customers should consider that lowest price does not always equate with best value. Customers should consider the technical merits of used vs. new product, and should weigh the merits against the capital and operational costs for the product's expected life cycle. Unless a purchase order expressly specifies refurbished or remanufactured product or components, the Contractor shall flumish new product only. General Conditions Contents 3.01 Definitions 3.02 Eligible Customers 3.03 Requests for Quotes 3.04 Posting and Revision of Authorized Product and Price List 3.05 Product Version 3.06 Quantity Discounts 3.07 Best Pricing Offer 3.08 Sales Promotions 3.09 Trade -In 3.10 Americans With Disabilities Act 3.11 Energy Star Compliant 3.12 Authorized Product Categories 3.13 Purchase Orders 3.14 Packaging 3.15 Manufacturer's Name and Approved Equivalents 3.16 Inspection at Contractor's Site 3.17 Safety Standards 3.18 Literature 3.19 Transportation and Delivery 3.20 Installation 3.21 Inspection and Acceptance 3.22 Title to Deliverables 3.23 Software License Grant 3.24 Invoicing and Payment 3.25 Taxes 3.26 Customer's Default 3.27 Annual Appropriations 3.28 Surcharge Fee and Summary of Total Sales 3.29 Governmental Restrictions 3.30 Compliance with Laws 3.31 Lobbying and Integrity 3.32 Indemnification 3.33 Performance Bond 3.34 Suspension of Work 3.35 Termination for Convenience 3.36 Termination for Cause 337 Force Majeure, Notice of Delay, and No Damages for Delay 3.38 Equitable Adjustment 3.39 Scope Changes 3.40 Renewal 3.41 Advertising 3.42 Assignment 3.43 Dispute Resolution 3.44 Employees, Subcontractors, and Agents 3.45 Security and Confidentiality 3.46 Independent Contractor Status of Contractor 3.47 Insurance Requirements 3.48 Service 3.49 Warranty 3.50 Warranty of Authority 3.51 Warranty of Ability to Perform 3.52 Year 2000 Compliance Warranty 3.53 Warranty of No Hardstop/Passive License Monitoring 3.54 Notice 3.55 Leases and Installment Purchases 3.56 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) 3.57 Modification of Terms 3.58 Waiver 3.59 Execution in Counterparts 3.60 Severability 3.01 Definitions• The term "bid" means the offer extended to the Department in response to this solicitation. The forms to accompany the bid are included in section 4.0 of these solicitation documents. "Contract" means the legally enforceable agreement, if any, that results from this solicitation. The parties to the Contract will be the Department and Contractors. The Contract shall be reduced to writing substantially in the form included in section 4.0 of these solicitation documents. "Contract Specialist" means the State Purchasing employee who is primarily responsible for administration of the Contract. The Contract Specialist is identified in the Instructions to Bidders, and the Department shall conspicuously post contact information on its Internet web page associated with the Contract. The Department may appoint a different Contract Specialist, which shall not constitute an amendment to the Contract, by updating the posted contact information and sending notice to Contractor. Any communication to the Department by Contractors, by State Customer contract managers or contract administrators, or by other Customer purchasing officials, shall be addressed to the Contract Specialist. "Contractor" means a successful bidder, which, along with the Department, will enter into the Contract. The Department anticipates making a multiple award, but for sake of convenience the solicitation documents use the singular form of this term. If a Contractor is a manufacturer, its certified dealers and resellers may also furnish products under the Contract; in choosing to do so, the dealers and resellers agree to honor the Contract and the term "Contractor" shall be deemed to refer to them. Unless awarded the Contract as a direct bidder, however, dealers and resellers are not parties to the Contract, and the Contractor that certifies them shall be responsible for their actions and omissions. "Customer" means the State agencies and other eligible users that will order products directly from the Contractor under the Contract. By ordering products under the Contract, the Customer agrees to its terms. Customers are not, however, parties to the Contract. "Department" means the Florida Department of Management Services. The Department will be a party to the Contract. "State Purchasing," a division within the Department's Support Program, is responsible for administration of this solicitation and will be responsible for day-to- day administration of the Contract. State Purchasing may be reached at 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950, (850) 487-4634, or via links posted at http://www.myflorida.com/myflorida/business/index.html. The Department reserves the right to contract with a third -party service provider to assume responsibility for administration of the Contract. "Product" means any deliverable under the Contract, which may include commodities, services, technology or software. "Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, or other authorized means). "State" means the State of Florida and its agencies. 3.02 Eligible Customers: Section 287.056 of the Florida Statutes governs agencies' use of the Contract. Others may seek Department approval under section 287.042(2)(a) as an eligible user of the Contract. Customers participating in the Contract do so according to the following terms: (1) non -State Customers assume and bear complete responsibility with regard to performance of any contractual obligation or term; (2) breach of a Contract term by any particular Customer shall not be deemed a breach of the Contract as a whole, which shall remain in full force and effect, and shall not affect the validity of the Contract nor the Contractor's obligations to non - breaching Customers or the Department; (3) the State shall not be liable for any breach by a non - State Customer; (4) each non -State Customer and the Contractor guarantee to save the State and its officers, agents, and employees harmless from liability that may be or is imposed by their failure to perform in accordance with their obligations under the Contract. 3.03 Requests for Quotes;, Unlike most products, technology products historically decrease in price over time. Therefore, it is in the Customer's best interest not to set the price for any particular technology product until the date the product is purchased. For all purchases of $2,500 or greater, CUSTOMERS ARE RESPONSIBLE FOR COMPETITIVELY SETTING THE PRICE FOR EACH PARTICULAR ORDER, AND THEY SHALL DO SO BY INITIATING A REQUEST FOR QUOTES ("RFQ"), which is an oral or written request for written pricing or service information from a Contractor for products available under the Contract from that Contractor. Customers shall create and maintain written records of oral and written requests, as well as records of quotes received. Quotes shall be in writing but otherwise informal, and need not be received or posted publicly or at a particular time or place. A Customer shall initiate a sufficient number of requests to obtain a minimum of three quotes, should look for a Contractor willing to beat its own (or a competitor's) currently authorized Contract price, and shall place its purchase order with the Contractor quoting the lowest price, unless the Customer documents in writing that the lowest price quote would not result in best value (for example, lowest price is for refurbished or remanufactured product). 3.04 ostmQand evrsxon Revision of AuthoxizedProduct and Price List: Every Contractor shall maintain on the Internet a list of the products it is authorized to sell under the Contract. The list shall clearly indicate the ceiling price for each product, expressed either as a single price or as a percentage savings off the "benchmark" price. On the Ordering Instructions form submitted with the bid, bidders shall note the proposed Universal Resource Locator (URL) for this list. Posting of the list in a form easily accessible to the Department and Customers shall be a condition precedent to Contractor's right to payment under the Contract. The Department, in its sole discretion, may maintain Contractor's authorized list or provide electronic links to it. Regardless of the number of links to the list, Contractor shall ensure that Customers are able to access one, and only one, version of the authorized list. The authorized list shall include, either directly or via electronic link, the following: Contract number, contact person; part or product numbers and descriptions; ordering information; and pricing information. Contractor's initial authorized list shall be substantially identical to the "benchmark" list submitted with the bid and used in making the award, or that portion of it bid by Contractor. Contractor shall not make the list generally available or accept any orders off of it until the Department approves the list. Contractor may thereafter amend the list to reflect product line and price changes, subject to the following restrictions. • For product line changes, a Contractor shall offer products under the Contract only within those sub -categories it is currently authorized to offer. For example, if a Contractor currently is authorized to sell servers but not personal computers, the Contractor shall not add personal computers to its authorized list of products. During the term of the Contract, however, a Contractor may seek to increase the number of product categories it is authorized to offer by being added as an authorized Contractor for other categories, as outlined in paragraph 3.12 of these General Conditions. Upon written request of a Customer, the Department may waive this prohibition for a particular transaction and allow a Contractor to bundle and sell products that it is not currently authorized to sell along with products that is authorized to sell, if the Customer conclusively demonstrates, to the Department's satisfaction, that the "package deal" would provide the best value to the State. Within its currently authorized product categories, a Contractor may amend its list to reflect product developments. Any added product shall be offered at the then -current authorized percentage discount, which shall always be at least as great as the discount offered initially. • For price changes, a Contractor shall only decrease, and shall never increase, the prices offered initially (stated differently, a Contractor may increase, but never decrease, its percentage discount). Postal price reductions shall take effect immediately and be applied to unshipped and subsequent orders. CONTRACTORS ARE FREE TO OFFER GREATER DISCOUNTS FOR INDIVIDUAL TRANSACTIONS, AND CUSTOMERS ARE REQUIRED TO SEEK THEM AND TO EXPLORE WHETHER OTHER CONTRACTORS AUTHORIZED FOR THE PRODUCT CATEGORY OFFER BETTER DISCOUNTS THROUGH THE RFQ PROCESS. • At least two business days before making any changes to the posted authorized list — whether to products, to prices, or otherwise -- a Contractor shall notify the Contract Specialist by e-mail of its intent to make a change and describe the proposed change. The Department may, in its sole discretion, prohibit any requested change or direct a Contractor to undo any change already made. In addition, the Department may direct rescission of any purchase order entered into on the basis of an unauthorized product and price list. • Changes to the authorized list or to related information (for example, ordering information) shall not be deemed Contract amendments. • On a quarterly basis, or more frequently if directed in writing by the Contract Specialist, Contractor shall submit written certification of changes made to its authorized list. The certification shall be substantially in the form included in Section 4 of the solicitation documents, "Certification of Changes to Authorized Product and Price List." Failure to submit the form in a timely manner shall constitute grounds for terminating the Contract. Falsification of any information on the form shall subject Contractor to civil liability and criminal prosecution. • The Department reserves the right to revise these restrictions in conjunction with implementation of an on-line procurement system. 3.05 Product Version: Purchase orders shall be deemed to reference a manufacturer's most recently released model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the Contractor is willing to provide such model or version. 3.06 Ouantity Discounts: Contractors are urged to offer additional discounts for one time delivery of large single orders of any assortment of items. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. 3.07 Best Pricine Offer: During the Contract term, if the Contractor sells substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, at a lower price, then at the discretion of the Department the price under the Contract shall be immediately reduced to the lower price. 3.08 Sales Promotions: In addition to decreasing prices for the balance of the Contract tern due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period or for a specific Customer group (e.g., K-12, Higher Education, State Customers, etc.). A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion or (2) specific Customers to which the promotion is addressed and (3) products involved and (4) promotional prices compared to then -authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall conspicuously post notice of the promotion with its authorized product list. 3.09 Trade-in: Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be essary to provide documentation to the Office of the State Comptroller and to the agency property custodian. 3.10 Americans With Disabilities Act: Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 3.11 Energy Star Compliant: The Federal Environmental Protection Agency encourages the manufacture of energy efficient computer hardware, and the State supports this initiative. The Department prefers that all products offered under the Contract be Energy Star compliant and bear the EPA Energy Star Logo. Customers should seek to reduce the total cost of equipment ownership and operation, and they should consider the purchase of Energy Star compliant equipment if it meets their performance needs. 3.12 Authorized Product „Categories: Upon Contractor's written request, the Department may authorize the Contractor to furnish product under other categories or subcategories identified in the solicitation documents. In considering Contractor's request, the Department shall apply substantially the same terms and conditions governing the initial solicitation. The Department's decision on the request shall be final and not subject to appeal of any kind. 3.13 Purchase Orders: A Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Even where not otherwise required, CUSTOMERS ARE ENCOURAGED TO INCLUDE PROVISIONS THAT PROMOTE GOOD CONTRACT MANAGEMENT PRACTICES AND ENABLE THE CUSTOMER AND CONTRACTOR TO MONITOR AND ADJUST PERFORMANCE, for example, provisions clearly defining the scope of the work, provisions dividing the order into objectively measured deliverables, provisions setting forth schedules for completion and (where appropriate) liquidated damages for untimely completion, etc. State Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(14) and (15) of the Florida Statutes. The Department reserves the right to revise this section in conjunction with implementation of an on-line procurement system. 3.14 Packagfta: Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property. 3.15 Manufacturer's Name and Approved E uivalents: Unless otherwise specified, any manufacturers' names, trade names, brand names, information and/or catalog numbers listed in a specification are descriptive, not restrictive. With the Department's prior approval, the Contractor may offer any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Department shall determine in its sole discretion whether a product is acceptable as an equivalent. 3.16 Ins ection at Contractor's Site: The State reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor or prospective Contractor (bidder) to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 3.17 Safety Standards: All manufactured items and fabricated assemblies subject to operation under pressure, operation by contion to an electric source, or operation involving contion to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and fiu-nished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas -operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 3.18 Literature: Upon request, the Contractor shall furnish Customers literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 3.19 Transportation and Delivery: Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability to deliver or intentional delays shall be cause for Contract cancellation and Contractor suspension. 3.20 Installation: Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the famishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 3.21 Inspection and Acceptance: Inspection and acceptance shall be at destination unless otherwise provided. For Contractor -installed products, the date of acceptance is the date the Customer accepts the product as installed and in good working order, as determined by any appropriate acceptance testing, and the Customer shall certify in writing to the Contractor when the product is accepted (if training or other post -installation services are included in the purchase order, the acceptance shall be conditional). For Customer -installed products, the date of acceptance shall be the delivery date. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damage to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification of rejection. Upon rejection notification, the risk of loss of rejected or non -conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 3.22 Title to Deliverables: For purposes of this section, a "product" is any deliverable furnished under the Contract, including but not limited to (1) components of the hardware environment, (2) printed materials, (3) third -party software, (4) programs and programming modifications, customizations, tools, data, modules, and components, and (5) any tangible or intangible properties embedded therein. A product is "existing" if it is a tangible or intangible licensed product that exists before Contract work begins (the Contractor shall bear the burden of proving that a product existed before work began). A product is "custom" if it is any product, preliminary or final, that is created under the Contract for the Customer by the Contractor or its employees, subcontractors, or agents. For existing hardware products, title to a hardware product shall pass to Customer upon written acceptance. For existing software products, that are normally commercially distributed on a license basis by the Contractor or other independent software proprietary owner (ISPO), whether or not embedded in, delivered, or operating in conjunction with hardware or a custom product, title shall remain with the Contractor or ISPO. Effective upon acceptance, such product shall be licensed to the Customer in accordance with the Contractor or ISPO's standard licensed agreement, provided, however, that the license agreement shall, at a minimum, (1) grant the Customer a non-exclusive license to use, execute, reproduce, display, perform, adapt (unless the Contractor demonstrates to the Customer before execution of a purchase order that adaptation will violate existing agreements or law) and distribute the product to authorized users up to the license capacity identified in the purchase order with all license rights essary to effect the Customer's stated purpose, and (2) recognize the State as the licensee, where the Customer is part of the State. Where these rights are not otherwise covered by the ISPO's standard license agreement, the Contractor shall obtain these rights at its sole expense. The Customer shall reproduce all copyright notices and any other legend of ownership on any copies authorized under this paragraph. For custom products, effective upon creation the Contractor hereby conveys to the Customer the sole and exclusive rights, title and interest in the product, including all trademark and copyrights, and the Contractor shall take all essary and appropriate steps to ensure that the products are protected against unauthorized copying, reproduction, or marketing through the Contractor or its employees, subcontractors, or agents; provided, that the Contractor may otherwise use any related or underlying general knowledge, skills, ideas, concepts, techniques and experience developed under the Contract. In the alternative to taking exclusive ownership and title to such products, the Customer may elect, by providing written notice to the Contractor, to take a non-exclusive license to use, execute, reproduce, display, perform, and distribute the product as described in the preceding paragraph. 3.23 Software License Grant: Where product is acquired on a licensed basis, the following terms shall constitute the license grant. Scope: Licensee is granted a non-exclusive license to use, execute, reproduce, display, perform, or merge the product within its business enterprise in the United States up to the maximum licensed capacity identified on the purchase order. The product may be accessed, used, executed, reproduced, displayed, or performed up to the capacity measured by the applicable licensing unit identified on the purchase order (i.e., payroll size, number of employees, CPU, MIPS, MSU, concurrent user, workstation, etc.). Licensee shall have the right to use and distribute modifications and customizations of the product to and for use by any Customers otherwise licensed to use the product, provided that any modifications, however extensive, shall not diminish licensor's proprietary title or interest. This paragraph grants no license, right, or interest in any trademark, trade name, or service mark. Term: The license term shall begin the date the product is accepted. Where a license involves licensee's right to copy a previously licensed and accepted master copy, the term shall begin the date the purchase order is executed. Documentation: Upon request, the Contractor shall deliver to the licensee at the Contractor's expense (1) one master electronic copy and one hard copy of product documentation or (2) one master electronic copy and hard copies of the product documentation by type of license in the following amounts, unless otherwise agreed: for individual/named user, one copy per licensee; for concurrent users, ten copies per site; for processing capacity, ten copies per site. The master electronic copy shall be in either CD-ROM or diskette format and usable without conversion (for example, if a unit has only a 3 %a" disk drive, software shall be provided on 3'/2" diskettes). The Contractor hereby grants the Customer a perpetual license right to make, reproduce (including downloading electronic copies), and distribute, either electronically or otherwise, copies of product documentation as essary to enjoy full use of the product in accordance with the terms of the license. Technical SuMort and Maintenance: Licensee may elect the technical support and maintenance ("maintenance") set forth in the Contract by giving written notice to the Contractor any time during the Contract term. Maintenance shall include, at a minimum, (1) providing error corrections, patches, updates, revisions, fixes, upgrades, and new releases to licensee, and (2) Help Desk assistance accessible via toll -free or local telephone call or on-line. The Contractor shall maintain the products so as to provide licensee with the ability to use the products in accordance with the product documentation, without significant functional downtime to ongoing operations during the maintenance term. The Customer shall not be required to purchase maintenance for use of the product, and the Customer's license shall not be invalidated for refusal to purchase maintenance. The maintenance term(s) and any renewals are independent of the Contract term. The Customer may discontinue maintenance at the end of any current maintenance term upon notice to the Contractor; provided, the term shall not automatically renew. If the Customer does not initially acquire, or discontinues, maintenance, the Customer may at any later time reinstate maintenance without any penalties or other charges, by paying the Contractor the amount, if any, that would have been due under the Contract for the period that maintenance had lapsed, or for twelve months, whichever is less. Transfers: Licensee's operations may be altered, expanded, or diminished. Licenses may be transferred or combined for use at an alternative or consolidated site not originally specified in the license, including transfers between agencies. Contractor approval is not required for such transfers, but licensee shall give prior written notice to the Contractor. There shall be no additional license or other transfer fees due, provided that (1) the maximum capacity of the consolidated machine is equal to the combined individual license capacity of all licenses running at the consolidated or transferred site (e.g., named users, seats, or MIPS) or (2) if the maximum capacity of the consolidated machine is greater than the individual license capacity being transferred, a logical or physical partition or other means of restricting access will be maintained within the computer system to restrict use and access to the product to that unit of licensed capacity solely dedicated to beneficial use for licensee. If the maximum capacity of the consolidated machine is greater than the combined individual license capacity of all licenses running at the consolidated or transferred site, and a logical or physical partition or other means of restricting use is not available, the fees due the Contractor shall not exceed the fees otherwise payable for a single license for the upgrade capacity. Restricted Use by Third Parties: Outsourcers, facilities management, service bureaus, or other services retained by licensee shall have the right to use the product to maintain licensee's operations, including data processing, provided that (1) licensee gives notice to the Contractor of such third party, site of intended use of the product, and means of access, (2) the third party has executed, or agrees to execute, the product manufacturer's standard nondisclosure or restricted use agreement, which agreement shall be accepted by the Contractor, and (3) the third party shall maintain a logical or physical partition within its computer system to restrict access to the program to that portion solely dedicated to beneficial use for licensee. Licensee shall not be liable for any third party's compliance or noncompliance with the terms of the nondisclosure agreement, nor shall the nondisclosure agreement create or impose any liabilities on the State or the licensee. Any third party with whom a licensee has a relationship for a State function or business activity shall have the temporary right to use product (e.g., Java applets), provided that such use shall be limited to the period during which the third party is using the product for the function or activity. Archival Backup: Licensee may use and copy the product and related documentation in contion with reproducing a reasonable number of copies for archival backup and disaster recovery procedures. Source Code Escrow: If either the product manufacturer/developer or the Contractor offers source code or source code escrow to any other commercial customer, or if either entity seeks bankruptcy protection, then the Contractor shall either (1) provide licensee with source code for the product, (2) place the source code in a third -party escrow arrangement with a designated escrow agent, which shall be identified to the Department, and which shall be directed to release the deposited source code in accordance with a standard escrow agreement acceptable to the Department, or (3) certify to the Department that the product manufacturer/developer has named the State, acting by and through the Department, and the licensee, as named beneficiaries of an established escrow arrangement with its designated escrow agent, which shall be identified to the Department and licensee, and which shall be directed to release the deposited source code in accordance with the terms of escrow. Source code, as well as any corrections or enhancements, shall be updated for each new release of the product in the same manner as provided above and such updated shall be certified in writing to the Department. The Contractor shall identify the escrow agent upon commencement of the Contract teen and shall certify annually that the escrow remains in effect in compliance with the terms of this paragraph. The State may release the source code to licensees under the Contract which have licensed product or obtained services, and which may use the copy of the source code to maintain the product. Confidentiality: The product is a trade secret, copyrighted and propriety product. Licensee and its employees shall not disclose or otherwise distribute or reproduce any product to anyone other than as authorized under the Contract. Licensee shall not remove or destroy any of the Contractor's proprietary markings. Restricted Use: Except as expressly authorized by the terms of license, licensee shall not: copy the product; cause or permit reverse compilation or reverse assembly of the product or any portion; or export the product in violation of any U.S. Department of Commerce export administration regulations. Proof of License: The Contractor shall provide to each licensee that places a purchase order either (1) the product developer's certified license confirmation certificates in the name of the licensee or (2) a written confirmation from the proprietary owner accepting the product invoice as a proof of license. The Contractor shall submit a sample certificate, or alternative confirmation, which shall be in a form acceptable to the licensee. Audit of Licensed Usage: The Contractor may periodically audit, no more than annually and at its expense, use of licensed product at any site where a copy resides provided that (1) the Contractor gives licensee at least thirty days written advance notice, (2) the audit is conducted during the licensee's normal business hours, (3) the audit is conducted by a State Inspector General's office or, for non -State licensees, by an independent auditor chosen by mutual agreement of the licensee and Contractor as follows: the Contractor shall recommend a minimum of three auditinglaccounting firms, from which the licensee shall select one; in no case shall the Business Software Alliance, Software Publishers Association, or Federation Against Software Theft be recommended by the Contractor or used, directly or indirectly, to conduct audits, (4) the Contractor and licensee shall designate a representative who shall be entitled to participate, who shall mutually agree on audit format, and who shall be entitled to copies of all reports, data, or information obtained from the audit, and (5) if the audit shows that the licensee was not in compliance, the licensee shall purchase additional licenses or capacities essary to bring it into compliance and shall pay for the unlicensed capacity at the Contract price then in effect or, if none, then at the Contractor's U.S. commercial list price. Once such additional licenses and capacities are purchased, licensee shall be deemed to have been in compliance retroactively, and licensee shall have no further liability of any kind for the unauthorized use of the product. Bankruptcy: The Contract is subject to the terms of section 365(n) of the United States Bankruptcy Code ("Code") if the licensor files a bankruptcy petition. Licensor's failure to perform its continuing obligations shall constitute a material breach of the Contract excusing performance by the licensee. Royalty payments for use of intellectual property shall be separate from and independent of payments for performance of all other obligations under the Contract (e.g., continuing development obligations, maintenance and support obligations, obligations to provide updates, indemnity obligations, etc.). Upon request, the licensor shall furnish licensee any intellectual property, as defined in the Code, and any embodiment of that intellectual property held by the licensor. If licensee must hire third -parties to perform support, maintenance, or development tasks previously performed by licensor, the licensee may provide intellectual property to such third -parties without violating non -disclosure or exclusivity provisions. 3.24 Invoicine and Payment: Invoices shall contain the Contract number, purchase order number, and the Contractor's SPURS vendor number. The State may require any other information from the Contractor that the State deems essary to verify any purchase order placed under the Contract. At the Department's option, Contractors may be required to invoice electronically pursuant to Department guidelines. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Time limits do not begin until the Contractor submits a properly completed invoice. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 3.25 Taxes: The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Purchases by non -State Customers may be subject to taxes, which shall be computed based on the purchase price and added to the invoice submitted to such entity for payment. 3.26 Customer's Default: A Customer's breach of the terms of a particular order shall not be deemed a breach of the Contract. If a Customer fails to make a payment to the Contractor for products delivered or provided, accepted, and properly invoiced, within sixty days after approval for payment, then the Contractor may, upon ten days advance written notice to both the Department and Customer's purchasing official, suspend additional shipments of product or provision of services to that specific Customer until such time as reasonable arrangements have been made and assurances given by the Customer for current and future Contract payments. Notwithstanding the foregoing, the Contractor shall, in writing and at least ten days before declaring a Customer in breach of the terms of a particular order, notify both the Department and Customer's purchasing official of the specific facts, circumstances and grounds upon which the Contractor intends to declare a breach. If the Contractor's basis for declaring a breach is determined, then or later, to be insufficient, then the Contractor's declaration of breach and failure to service the Customer shall constitute a breach of the Contract by the Contractor and the Department or Customer may thereafter seek any remedy available at law or equity. 3.27 Annual Appropriations: The State's performance and obligation to pay under the Contract are contingent upon an annual appropriation by the Legislature. 3.28 Surcharge Fee and Summary, of Total Sales: Pursuant to section 287.1345 of the Florida Statutes, a surcharge fee of one percent (1.0%) is imposed on Contractor's sales under the Contract. The fee shall be paid by the Contractor and must be included in prices bid and cannot be added as a separate item. After receipt of payment from the Contract purchases, all Contractor surcharge fees shall be payable to the Department no later than 15 days after the end of each quarter. The Contractor shall note "surcharge fee" and the contract number on a check and remit it to: Florida Department of Management Services P.O. Box 5438 Tallahassee, FL 32314-5438 At the end of each calendar quarter, the Contractor shall complete and submit to State Purchasing the Vendor User Fee Report form (PUR 7073C) included in section 4.0 of these solicitation documents. By submission of these reports and corresponding Contractor surcharge deposits, Contractor is certifying their correctness. All such reports and fee deposits shall be subject to audit by the State. Contractors shall be responsible for reporting sales and paying user fees resulting from sales made by authorized resellers. The Department reserves the right to revise collection and reporting requirements in conjunction with implementation of an on-line procurement system. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding surcharge fees. CONTRACTORS DELINQUENT IN PAYING USER FEES MAY BE EXCLUDED FROM BIDDING ON DEPARTMENT CONTRACTS. 3.29 Governmental Restrictions: If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Department in writing, indicating the specific restriction. The Department reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Department. 3.30 Compliance with Laws: The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, State, and local agencies having jurisdiction and authority. By way of non -exhaustive example, Chapter 287 of the Florida Statutes and Chapter 60A-1 of the Florida Administrative Code govern the Contract. By way of further non -exhaustive example, the Contractor shall comply with section 247A(e) of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of such laws shall be grounds for Contract termination. 3.31 Lobbying and Integrity: Pursuant to section 216.347 of the Florida Statutes, the Contractor may not expend any State funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. In addition, the Contractor shall not, in contion with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Department's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida _ heg§� Department o fate(availableat. bq://dlis.dos.state.fl.us/bgMkgenschedWg§�gensched.htm). os.state. arm/genscdW,_gensched.htm). The , Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. 3.32 Indemnification: The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors; provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided that the State or Customer shall give the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in an infringement action without the Contractor's prior written consent, which shall not be unreasonably withheld. If any product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non -infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The Customer shall not be liable for any royalties. Except as specified in the foregoing portions of this section, for all other claims against the Contractor under any individual purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a purchase order for direct damages shall be the greater of $100,000, the dollar amount of the purchase order, or two times the charges rendered by the Contractor under the purchase order. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, or consequential damages, including lost data or records (unless the purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be essary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 3.33 Performance Bond: Customers may require the Contractor to furnish without additional cost a performance bond or negotiable irrevocable letter of credit or other form of security for the faithful performance of work under the Contract. Such requirement shall be set forth in the purchase order. 3.34 Suspension of Work: The Department may in its sole discretion suspend any or all activities under the Contract, at any time, when in the best interests of the State to do so. The Department shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Department shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract. Suspension of work shall not entitle the Contractor to any additional compensation. 3.35 Termination for Convenience: The Department, by written notice to the Contractor, may terminate the Contract in whole or in part when the Department determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any goods or perform any services after it receives the notice of termination, except as essary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 3.36 Termination for Cause: The Department may terminate the Contract if the Contractor fails to (1) deliver the supplies or perform the services within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), Florida Administrative Code, governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted services or supplies were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Department. The rights and remedies of the Department in this clause are in addition to any other rights and remedies provided by law or under the Contract. 3.37 Force Majcure� Notice of Delay, and No Damages for Delay: The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer or the Department. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer or Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, and/or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 3.38 Equitable A4iustment: The Department may, in its sole discretion, make an equitable adjustment in the Contract terms and/or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 3.39 Scone Changes: The Department may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Department may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Department may solicit separate bids to satisfy them. 3.40 Renewal: Subject to Chapter 287 of the Florida Statutes, and upon mutual agreement, the Department and the Contractor may renew the Contract, in whole or in part. Any renewal shall be in writing and signed by both parties. 3AI Advertising: The Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Department, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Department or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State, the Department, or any Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. 3A2 Assignment: The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Department; provided, the Contractor assigns to the State any and all claims it has with respect to the Contract under the antitrust laws of the United States and the State. The Department may assign the Contract with prior written notice to Contractor of its intent to do so. 3.43 RIMute Resolution: Any dispute concerning performance of the Contract shall be decided by the Contract Specialist, who shall reduce the decision to writing and serve a copy on the Contractor and, if appropriate, the Customer. The decision of Contract Specialist shall be final and conclusive unless within ten (10) days from the date of receipt, the Contractor files with the Department a petition for administrative hearing. The Department's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply, the Contractor waives any right to jury trial that it may have, and the prevailing party shall be awarded reasonable costs incurred, including attorneys' fees and costs on appeal. 3.44 Employees, Subcontractors, and Agents: All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall fiunish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with a Customer's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 3.45 Security and Confidentiality: The Contractor shall comply fully with all security procedures of the State and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 3.46 Independent Contractor Status of Contractor: The Contractor, together with its agents, distributors, resellers, subcontractors, officers and employees, shall have and always retain under the Contract the legal status of an independent contractor, and in no manner shall they be deemed employees of the State or Customer or deemed to be entitled to any benefits associated with such employment. During the term of the Contract, Contractor shall maintain at its sole expense those benefits to which its employees would otherwise be entitled to by law, including health benefits, and all essary insurance for its employees, including workers' compensation, disability, and unemployment insurance, and provide Customers with certification of such insurance upon request. The Contractor remains responsible for all applicable federal, state, and local taxes, and all FICA contributions. 3A7 Insurance Re uirements: During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract, which, as a minimum, shall be: workers' compensation and employer's liability insurance per Florida statutory limits (currently $100,000 per accident, $100,000 per person, and $500,000 policy aggregate) covering all employees engaged in any Contract work; commercial general liability coverage on an occurrence basis in the minimum amount of $500,000 (defense cost shall be in excess of the limit of liability), naming the State as an additional insured; and automobile liability insurance covering all vehicles, owned or otherwise, used in the Contract work, with minimum combined limits of $500,000, including hired and non - owned liability, and $5,000 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor and is of the essence of the Contract. Upon request, the Contractor shall provide certificate of insurance. The Contract shall not limit the types of insurance Contractor may desire to obtain or be required to obtain by law. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers authorized to write policies in Florida. 3.48 Service: If a Customer is unable to obtain service/warranty within the time specified, or if difficulties are encountered in obtaining service from the Contractor's designated service location, the Customer shall notify the individual designated on the Contractor's ordering instruction sheet, who shall then arrange and coordinate service by an alternate service dealer at no additional cost to the Customer. 3.49 Warranty: Contractor warrants that all product furnished under the Contract shall be free of defective material and workmanship, and shall otherwise perform in accordance with required performance criteria, for a period of not less than one (1) year from date of acceptance. Warranty repairs shall be completed within the time specified in any support level requirements. If it is likely that the time for repairs will exceed the specified time, the Contractor shall provide equivalent loaner equipment upon request by the Customer. Loaner equipment shall be provided at no cost, including shipment to the Customer's location and return of loaner equipment to the Contractor. 3.50 Warranty of Authority: Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 3.51. Warranty of Ability to Perform: The Contractor shall provide the Department, no later than the time the Contractor returns a signed copy of the Contract, with proof of a Certificate of Status from the Secretary of State, Division of Corporations, demonstrating that the Contractor is in good standing and legally authorized to transact business in Florida. Failure to submit this documentation shall be sufficient grounds for withholding payment under the Contract and cause for termination. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. 3.52 Year 2000 Compliance Warranty: All products fixrnished under the Contract shall be Year 2000 compliant, that is, able to accurately process date data from, into, and between the twentieth and twenty-first centuries, including leap year calculations. Resellers may provide a "pass through warranty" from the manufacturer/software developer, which meets all the warranty requirements specified by the State, and which shall include all other warranties provided by the manufacturer or. software developer. Reseller shall be responsible for warranty assurance, assistance, enforcement and any other actions or remediation, required to satisfy warranty requirements. 3.53 Warranty of No Hardstop/Passive_Lcense Monitoring: Unless a Customer is specifically and conspicuously advised to the contrary in writing at the time of order and before product acceptance, the Contractor hereby warrants and represents that the product and upgrades do not and will not contain any computer code that would disable the product or upgrades or impair in any way operation based on the elapsing of time, exceeding an authorized number of copies, advancement to a particular date or other numeral, or other similar self-destruct mechanisms (sometimes called "time bombs," "time locks," or "drop dead" devices) or that would permit the Contractor to access the product to cause such disablement or impairment (sometimes called a "trap door" device). The Contractor agrees that upon an alleged breach of this provision, the Customer shall not have an adequate remedy at law, including monetary damages, and that the Customer shall be entitled to seek a temporary restraining order, injunction, or other form of equitable relief against the continuance of such breach, in addition to any other remedies to which the Customer shall be entitled. 3.54 Notice: All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery. Notices to the Department shall be delivered to the Contract Specialist identified in the Instructions to Bidders. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 3.55 Leases and Installment Purchases: The State Comptroller's prior approval is required for State agencies to enter into or to extend any lease or installment -purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 3.56 Prison Rehabilitative Industries and Diversified Enterprises, Inc. RIDE : To the extent that a product is certified by or is available from PRIDE, and has been approved in accordance with section 946.515(2) of the Florida Statutes, it is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned. This provision is required by section 946.515(6) of the Florida Statutes; additional information about PRIDE and the products it offers is available at bqp://www.12ridefl.com. 3.57 Modification of Terms: The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions by Customer under the Contract. The Contract may only be modified or amended upon mutual written agreement of the Department and the Contractor. No oral agreements or representations shall be valid or binding upon the Department, a Customer, or the Contractor. For individual purchase orders, however, the Contractor may offer the Customer more advantageous pricing, payment, or other terms and conditions than those set forth in the Contract. In such event, upon request the Contractor shall furnish to the Department a copy of the better offer. The Department shall determine, in its sole discretion, whether the offer, on the whole, is in fact more advantageous. Any offer that is not more advantageous, even if this determination is not made until after acceptance, shall be voidable at the Customer's option, in which case the Contract terms and conditions shall govern. Other than where terms are more advantageous for the Customer than those set forth in the Contract, no alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer unless authorized by the Department or specified in the notice of award. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. A Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 3.58 Waiver: The delay or failure by the Department to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 3.59 Execution in Counterparts: The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 3.60 Severability: If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable, and all other provisions shall remain in full force and effect. FORMS Contents Bidder Acknowledgment Form Bid Tables (separately paginated) Category: PCs Subcategory: Desktops PCs Eligible brands: Acer, Compaq, Dell, Fujitsu/Siemens, Gateway, Hewlett-Packard, IBM, Micron, and , plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 1,000 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely identify list below and submit both hard and electronic copies) Percentage Discount (or N/A if not bidding) BRAND: ACER Veriton 3200, 5100, 5200, 7100 and 7200 BRAND: COMPAQ Evo D300 and D500 IP C/700, C/800 and PIII BRAND:DELL Dimension 2100, 4400 and 8200 Optiplex GX50, GX150, GX240 and GX400 BRAND: FUJITSU/SIEMENS Jetson 1189 Scenic D i810e and i815e Scenic L i815e Scenic S i815c Scenic T i810, i815e and i845 BRAND: GATEWAY E- 1800, E-3600 and E4650 BRAND: HEWLETT-PACKARD e- c 40 and e- c 42 Vectra VL420, VL800 and xe310 BRAND: IBM NetVista A21, A22p and M41 BRAND: MICRON ClientPro CG2, CH, and CR Millennia TS Products Benchmark List (uniquely Percentage Discount identify list below and submit both (or N/A if not bidding) hard and electronic copies) BRAND: PowerMate CT and ES BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: PCs Subcategory: Portable PCs Eligible brands: Acer, Compaq, Dell, Fujitsu/Siemens, Gateway, Hewlett-Packard, IBM, and Toshiba, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: ACER TravelMate 212TE, 212TXV, 213TxV, 354TEV, 529ATXV, 529TXV, 612TXCi, 612TXV, 6147XCi, 740LVF, 741 LVF and 744LCF BRAND: COMPA Armada Notebook110, E500, M700, N150, N160, N180, N200, N400 and N600 BRAND: DELL Ins iron 2500, 4100 and 8100 Latitude C400, C500, C600, C610, C810 and L400 Precision Mobile Workstation M40 BRAND: FUJITSU/SIEMENS Celsius Mobile Workstation LifeBook B-2545 and B-2547 LifeBook C-6387, C-6597 and C-6637 LifeBook E-6624 and E-6644 LifeBook S-4572 BRAND: GATEWAY Solo 1400, 3450, 5350 and _T 9550 BRAND: HEWLETT-PACKARD OmniBook 500, 6000, 6100 and XE3 BRAND: IBM ThinkPad A21, A22, A30, R30, T21, T22, T23 TransNote Portfolio Notebook and X22 Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic co iesj if not biddin BRAND: Versa DayLite Crusoe, L320, TM, UltraLite Crusoe and VXi BRAND: TOSMBA Protege 4000 Satellite 1800, 3000 Tecra 9000 BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base Category: PCs Subcategory: Workstations Eligible brands: Compaq, Dell, Fujitsu/Siemens, Hewlett-Packard, IBM, and SGI, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies if not bidding) BRAND: COMPA Deskpro 300, AP250, AP550 and SP750 BRAND:DELL Precision Workstation 220, 330, 420 and 620 BRAND: FUJITSU/SIEMENS Celsius 420, 440, 460, 620, 640 f I and 650 BRAND: HEWLETT-PACKARD Kayak XM600, XU700 and XU800 Visualize P-class and X-class BRAND: IBM IntelliStation E Pro, M Pro and Z pro BRAND: SGI Visual Workstation 230, 330 and 550 products Zx10 ViZual Workstation and Zx10 VE ViZual Workstation BRAND:OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: PCs Subcategory: PC Servers Eligible brands: Compaq, Dell, Fujitsu/Siemens, Gateway, Hewlett-Packard, IBM, and, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: COMPA ProLiant DL320, DL360, DL380, DL580, DL590, DL760, ML330, ML330e, ML350, ML370, ML530, ML570 and ML750 BRAND: DELL PowerEdge 350, 500SC, 1400SC, 1500SC, 1550, 2500, 2550, 4400, 6400, 6450, 7150 and 8450 BRAND: FUJITSU/SIEMENS Primergy B 120, B210, C 150, C200, Econel 20, F200, H2O0, H400, L100, L200, N400, N4000, N800 and P200 BRAND: GATEWAY 910C, 910S, 910X, 930C, 930S, 930X, 935C, 935S, 935X, 8400 and 8450R BRAND: HEWLETT-PACKARD NetServer E800, LC 2000, LH 3000, LH 6000, LP 1000r, LP 2000r, LT 6000r, LXr 8500, tc2100 and rx4610 BRAND: IBM xSeries 200, 200VL, 220, 232, 240, 250, 300, 300 C, 300 DC, 330, 330 DC, 342, 350, 360, 370 and 380 Xeon-MP, 370 and 380 Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic co ies) if not bidding) BRAND: Express5800120Ed, 120Le, 120Lf, 120Md, 120Ra-1, 120Rc-2, 14OHb, 180Ra-7, 180Rb-7 and TM1300 BRAND:OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: Thin Clients Eligible brands: Acer, Boundless Technology, Cedar Systems, Compaq, IBM, Neowaze, Netter and Network Computing Devices, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 category units with Customers in the two most recent State fiscal years. Benchmark List (uniquely Percentage Discount identify list below and submit both (or N/A if not bidding) Z hazd and electronic co ies BRAND:ACER BRAND: BOUNDLESS TECHNOLOGY Capio II 200, 320, 325, 420 and 425 BRAND: CEDAR SYSTEMS Nutshell and Nutshell Pro BRAND: COMPA T1010, T1010TE4.0and T1510 BRAND: IBM Netvista N2200, N2200e, N2200I, N2200w, N2800 and N2800e BRAND: NEOWARE Eon 2000e, 3000i, 3000x, 4000i, 4000s, 5000i and 5:,I BRAND: NETIER NetXpress XL1000 and XL2000 BRAND: NETWORK COMPUTING DEVICES NC916, NC948 and NC980 ThinSTAR 232, 300T1R, 400 and 450 BRAND: WYSE Winterm 3360SE and 8360SE BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: Servers Subcategory: Enterprise Servers Eligible brands: Compaq, Fujitsu/Siemens, Hewlett-Packard, IBM, NCR, Sun, and Unisys, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 250 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely identify list below and submit both hard and electronic copies) Percentage Discount (or N/A if not bidding). BRAND: COMPA AlphaServer GS80, GS160 and GS320 BRAND: FUJITSU/SIEMENS Primepower M800, M1000 and M2000 BRAND: HEWLETT-PACKARD Su erdome 16, 32 and 64 BRAND: IBM eServer pSeries 680, 690, 690 HPC, 690 Turbo eServer xSeries 430 RS/6000 SP Power3 High, Power3 SMP Thin and Power3 SMP Wide BRAND: NCR WorldMark 4855 and 5255 BRAND: SUN Enterprise 10000 Sun Fire 15K and 6800 BRAND: UNISYS ES7000 BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: Servers Subcategory: Midrange Servers Eligible brands: Bull, Compaq, Fujitsu/Siemens, Hewlett-Packard, IBM, and Sun, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND:BULL EPC450 Escala PL400R, PL400T, PL600R, PL 500T, PL800R, and T450 BRAND: COMPA A1phaServer ES40, ES45 and GS BRAND: FUJITSU/SIEMENS Prim5power400,600 and 650 BRAND: HEWLETT-PACKARD HP server rp5450, rp5470, rp7400, rp8400, rx4610 and rx9610 BRAND: IBM eserver pSeries620, pSeries 640 and pSeries 660 BRAND: SUN Enterprise 420R, 450, 3500 and 4500 Sun Fire 3800, 4800, 4810 and V880 BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base Category: Servers Subcategory: Entry -Level Servers Eligible brands: Bull, Compaq, Fujitsu/Siemens, Hewlett-Packard, IBM, and Sun, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely identify list below and submit both hard and electronic copies) Percentage Discount (or N/A if not bidding) BRAND: BULL Escala E250, PL220R, PU20T and S 120 BRAND: COMPA A1phaServer DS 10, DS 1 OL and DS20E BRAND: FUJITSU/SIEMENS Primepower I OON and 200 BRAND: HENMETT-PACKARD HP 9000 A400 and A500 _d HP server rp5400 and rp5430 BRAND: IBM Eserver pScries 610 RS/6000 43P, 44P and B50 BRAND:SUN Enterprise 220R and 250 Netra 20, tl00/105, tl 120/1125, T1 AC200/DC200 and XI Sun Fire 280R BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base Category: Servers Subcategory: Server Appliance Eligible brands: CacheFlow, Compaq, Dell, Hewlett-Packard, IBM, NETmachines, Network Appliance and Sun, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 250 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely identify list below and submit both hard and electronic copies) Percentage Discount (or N/A if not biddin BRAND: CACHEFLOW Client Accelerator CA and SA BRAND: COMPA TaskSmart C4000 and W2200 BRAND:DELL PowerA .Bi -IP 220 PowerApp.Cache 100 and .Cache Inktomi Powered on Powered a 1550 PowerApp.web 120 and .web Inktomi Powered on PowerEdge 2550 BRAND: HEWLETT-PACKARD sal 100, sal 120, sa2100, sa2200 and sa2250 BRAND: IBM xseries 130, 135, 220, 330 and 340 BRAND: NETMACHINES RedRak Linux Pro128, Pro 128 Plus, Pro 128U, Pro 512 and Pro 64 BRAND: NETWORK APPLIANCE NetCache C 1100, C 1105, C3100 and C6100 BRAND: SUN CacheRaQ 4 products Cobalt Qube 3, RaQ 4 and RaQ XTR Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not biddin BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: Contivity Devices Subcategory: Network Routers Eligible brands: 3Com4 Alcatel, Cisco, Enterasys, Erricsson, Juniper, Lucent, Netgear, and Nortel, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has held at least five percent (5%) market share in the United States in this subcategory during the two most recent State fiscal years. Products Benchmark List (uniquely identify list below and submit both hard and electronic copies) Percentage Discount (or N/A if not biddin BRAND: 3COM OfficeCont Dual 56K and ISDN LAN Modem OfficeCont Remote 812 ADSL Router BRAND:ALCATEL 7404 and 7411 Broadband Access Server 7770 Routing Core Platform OmniAccess and OmniSwitch Router BRAND: CISCO 1000, 7603, 7606, 10000, 10720 and 12000 Series Internet Router 1700, 7200, 7400 and 7500 Series Router 1700 and 1700V Modular Access Router 2501 and 2514 Ethemet/Dual Serial Router 2600 and 2620 10/100 Ethernet Module Router 2650 High Performance 10/100 Modular Router 806 Broadband Gateway Router 826 DSL Router 827 ADSL Router 828G SHDSL Router OSR-7609 Internet Router SOHO 77ADSL and 78.0 Router Products Benchmark List (uniquely identify list below and submit both hard and electronic co ies Percentage Discount (or N/A if not bidding) BRAND:ENTERASYS X-Pedition 2000, 2100, 8000, 8600 and ER-16 E T BRAND: ERICSSON AXC Trigris and AXC Tigris MultiService Access Platform BRAND: JUNIPER M10 8-PIC slot chassis M160 8-slots chassis M20 4-slots chassis M40 8-slots chassis M5 4-PIC slot chassis BRAND. -LUCENT Access Point 300 IP, 450 IP and 1000 IP Services Router SuperPipe 95, 155, 170 and 175 BRAND:NETGEAR FR314 and FR 318 Cable/DSL Firewall FV318 Cable/DSL VPN Firewall Gateway/Remote Access Router NM 14 Cable/DSL Wireless Router R0318 Cable/DSL Security Firewall RP 114 Cable/DSL Web Safe Router RP334 Cable/DSL Phoneline Router RT338 ISDN Router BRAND:NORTEL Access Node AS Router Backbone Concentrator Node C Router Passport 2430 and 5430 Multiservice Access Switch Passport Advanced Remote Node (ARN Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not biMpgj BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and market share) Category: Contivity Subcategory: Network Switches Devices Eligible brands: 3Com, Alcatel, Avaya, Cisco, D-Link, Enterasys, Extreme Networks, Foundry Networks, Hewlett-Packard, NETGEAR, Nortel, and SMC, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has held at least five percent (5%) market share in the United States in this subcategory during the two most recent State fiscal years. Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic co ies) if not bidding) BRAND: 3COM OfficeCont Dual Speed Switch 5 and Switch 8 SuperStack 3 Baseline 10/100 Switch and 10/100/1000 Switch SuperStack 3 Switch 330012- port, 3300-24 port, 3300MM, 3300SM, 3300TM, 3300XM, 4300, 4400, 4400 1000Base, 4400 48-port, 4900, 4900SX, 4924 and 4950 Switch 4007 Layer 2 Gigabit Ethernet, Layer 3 Fast Ethernet (copper), Layer 3 Gigabit Ethernet and Layer Fast Ethernet fiber BRAND:ALCATEL OmniCore 5000 OmniStack 4024, 5024, 6024 and 8008 OmniSwitch Omni-3wx, Omni- 5wx and Omni-9wx OmriiSwitch Router OS/R-5 and OS/R-9 Products Benchmark List (uniquely identify list below and submit both hard and electronic copies) Percentage Discount (or N/A if not bidding) BRAND:AVAYA 333T Modular Stackable Switch and 333T-PWR Powered Ethernet Switch Cajun P133G2 Workgroup, P330, P332G-ML, P332GT-ML and P334T Avaya M770, P133F2, P134G2, P330, P333R, P333R-LB, P580 MultiService and P882 Multifunction switch BRAND: CISCO Catalyst 2900 Series 2948G and 298OG Catalt 3500 XL Catalyst 2950, 3500, 3550, 4000, 5000, 6000, 6500 and 8540 LightStrearn 1010 BRAND: D-LINK 3204, 3208F, 3624, 36241, 5216FX, 5220TF and 5224TX 8 port 10/100 MB Ethernet Switch Backbone Gi abit U link Switch Desktop LAN Switch DSS-16, DSS-16+, DSS-5+ and DSS-8+ Desktop LAN Switch Fast Ethernet/Ethernet 2:port DGS 1008T 8:port Switch Gigabit Copper Switch Layer 3 Switch DES-3326 BRAND:ENTERASYS Matrix E5 and E7 Vertical Horizon VH Products Benchmark List (uniquely identify list below and submit both hard and electronic copies) Percentage Discount (or N/A if not biddin BRAND: EXTREME NETWORKS B1ackDiamond 6808 and 6816 Al ine 3804 and 3808 Summit li, 24,_48, 48i, 5i and 7i BRAND: FOUNDRY Bi Iron 4000, 8000 and 15000 Fastlron II FI4000, Plus FI4408 and Plus FI8000 Fastlron III FI5000 FastIron Workgroup Switch NetIron Switch Turbolron/8 layer 3 and Switching Router BRAND: HEWLETT-PACKARD ProCurve Routing Switch ProCurve Switch 408, 1600M, 2324, 2424M, 2512, 2524, 4000M, 4108GL and 8000M Switch 2312 BRAND: NETGEAR 10/100 Mbps Ethernet Switch 16 Port 10/1000 Mbps Fast Ethernet Switch 10/100/1000 Mbps Copper Switch 10/100/1000 Mbps Fiber Switch BRAND:NORTEL Baystack 310-24T, 350-12T, 350-24T, 410-24T, 420-24T, 450-12F, 450-12T and 450-24T Business Policy Switch Centillion 20 and 100 Switch BRAND: SMC EZ Switch 10/100 TigerSwitch 10/100 and 1000 Gigabit Ti erSwitch II 10/100 Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not biddin BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and market share) Category: Uninterruptabie Power Supplies and Surge Suppressors Eligible brands: American Power Conversion, Best Power, Exide Electronics Group, IntelliPower, and TrippLite, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely Percentage (Any devices that monitor and identify list below and submit both Discount (or N/A regulate the quality of power hard and electronic copies) if not bidding) and that protect enterprise files, databases, applications, and Web servers against system shutdown in the event of a power failure or as a result of inconsistencies of power generation) BRAND: AMERICAN POWER CONVERSION See above BRAND: BEST POWER See above BRAND: EXIDE ELECTRONICS GROUP See above BRAND: INTELLIPOWER See above BRAND: TRIPP LTTE See above BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: Storage Devices Subcategory: Disk Array Eligible brands: Compaq, EMC, Fujitsu/Siemens, Hewlett-Packard, Hitachi, IBM, LSI, Storage Technology, and Sun, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely identify list below and submit both hard and electronic copies) Percentage Discount (or N/A if not bidding) BRAND: COMPA StorageWorks Enterprise Modular Array 12000 and 1600 StorageWorks Enterprise Virtual Apra StorageWorks Modular Array 1000 and 8000 StorageWorks RAID Array 3000 and 4100 BRAND: EMC Clarion FC4500 and FC4700 Symmetrix 8230, 8530 and 8830 BRAND: FUJITSU/SIEMENS GSS 4900 LVS 2900 System/390 Platinim/400 Raid Storage Subsystem BRAND: HEWLETT-PACKARD Surestore Disk Array XP48 Surestore E Disk Array 12H, FC60 and XP512 BRAND: HITACHI Freedom Storage Lightning 9960 Freedom Storage Thunder 9200 Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not biddin BRAND: IBM 7133 Serial Disk System Advanced Model D40 and T40 Enterprise Storage Server F10 and F20 FAStT200, FAStT200 HA, FAStT500 and FAStT700 Storage Server BRAND: LSI MetaStor E2400, E3300 and E4400 Storage System MetaStor E4600, E4600HPCx, N3300, N3350, N4300 and N4300 BRAND: STORAGE TECHNOLOGY 9176-001 and 9176-002 Disk Arra D 173 and D 178 Disk Subsystem V960 Shared Virtual Array BRAND:SUN StorEdge 9910 and 9960 System StorEdge 3910, 3960, 6910, 6960, A1000, A5200 and D1000 StorEdge T3 Array for Enterprise and Work ou BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: Storage Devices Subcategory: Optical Eligible brands: FileNET, Hewlett-Packard, Plasmon LMS and Maxoptic, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely identify list below and submit both hard and electronic copies) Percentage Discount (or N/A if not biddin BRAND: FiLENET 12" optical storage BRAND: HEWLETT-PACKARD 5.25" optical storage BRAND: MAXOMC 5.25" optical storage BRAND: PLASMON LMS 5.25 "o tical storage 12" o tical storage BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base ITB 52-250-000-B April 4, 2002 Page 76 of 88 Category: Storage Devices Subcategory: Tape Products Eligible brands: ADIC, Benchmark, Compaq, Dell, Exabyte, Hewlett-Packard, IBM, Overland Data, Quantum/ATL, Seagate, Sony, Storage Technology, Sun, and Tandberg, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic co ies if not bidding) BRAND: ADIC AIT 100D, DS9000 DLT and LTO 200D Tape Drive FastStor, DLT, 22 DLT and LTO Autoloader Scalar 100 AIT, 100 LTO and 100 SDL/DLT Library 1000AIT, 1000 LTO, 1000 SDL/DLT and 1000 IBM 3590 Library BRAND: BENCMARK DLT1 and ValuSmart Tape Drive DLT7 Desktop and ValuSmart tape 640 Blade Autoloader BRAND: COMPA 12/24 DDS-3 and 20/40 DDS-4 DAT Drive 20/40GB DLT Tape Drive AIT 35GB and 50GB Tape Drive StorageWorks 40/80GB DLT and SDLT 110/220 Ta a Drive StorageWorks ESL9198DLX, ESL9198SL, ESL9326D, ESL9326DX and ESL9326SL Enterprise Libr StorageWorks MSL5026DLX and MSL5026SL Tape Libr StorageWorks SSL202OTL AIL Tape Library StorageWorks TL891 DLX and TL895 DLT Tape gtraa Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: DELL PowerVault HOT DDS, HOT DLT, 110T LTO and 110T SDLT Tape Drive PowerVault 120T DDS and 120T DLT Tape Autoloader PowerVault 128T LTO and 128T SDLT Mini -Library PowerVault 130T DLT, 136T LTO and 136T SDLT Tape Library BRAND:EXABYTE Eliant 820T, M2, Mammoth and Mammoth -LT Ta e Drive 110L Ultrium LTO, EZ 17 and EZ 17-A Tape Autoloader VXA AutoPak 110, 115 and 230 215A, 215M, 221 L, 230D, 430A, 430M, 690D, X80 and X200 Tape Library BRAND: HEWLETT-PACKARD SureStore DAT24, DAT40, DLT 80 and DLT vs80 Tape Drive SureStore Ultrium 215 and 230 SureStore DAT24x6 DDS-3 and DAT40x6 DDS4 Tape Autoloader SureStore Tape Autoloader 1 /8 and 1/9 SureStore Tape Library 10/100, 10/180, 2/20, 20/700, 4/40, 6/60 and 6/140 Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND: IBM 3580 Ultrium Tape Drive 7205 Model 440 External Digital Linear Tape Drive 7206 Model 110 External 4mm DDS-3 Tape Drive 7206 Model 220 External 4mm DDS-4 Tape Drive 7207 Model 122 4GB External SLRS QIC Tape Drive 7208 Model 341 and 342 External 8mm Mammoth Tape Drive 7208 Model 345 External 8mm Mammoth-2 Tape Drive Magstar 3590 Model B and Model E Tape Drive BRAND: OVERLAND DATA AIT Loadg2X ress LP 1 L119 AIT2 LibraryPro LP2 and LP3 DLT 8000 LoaderXpress LXL810 DLT 8000 PowerLoader LXM8115/8215 DLT LibraryXpress System LXB 8110/8210 DLT I LoaderXpress LXLl B 10 DLT1 PowerLoader LXMB115 LXMIB215 LibraryXpress DLT Neo LXN2000 LTO Ultrium LaoderXpress LXL1U11 LTO Ultium Neo LXN2000 and LXN4000 Super DLT LoaderXpress LXL I S 10, Neo LXN2000, PowerLoaderLXMI S 115/1 S21 5 and Neo LXN4000 DLT 8000, DLTIBT, LTOIUT Ultdum and Super DLT1 ST Products Benchmark List (uniquely identify list below and submit both hard and electronic copies) Percentage Discount (or N/A if not bidding) BRAND: UANTUM/ATL 7100, M1500, P1000, P4000, and P7000 PowerStor L200 Autoloader and L500 Library DLT 8000 and DLTIBT Super DLT 220 and 220N BRAND: SEAGATE Scorpion 8, 24, 40, 96 and 240 Viper 200 and 2000 Autoloader TapeStor DAT 8, DAT 24 and DAT 40 TapeStor Travan 8GB, 20GB, NS 8GB and NS 20GB Internal BRAND: SONY AIT-1, AIT-2 and AIT-3 SDT-I1000BM DDS-4 and SDT-9000BM DDS-3 AIT Library 15(2), 30(4) and LIB-162 System TSL-S9000L/TB and TSL- S 11000/TB Autoloader TSL-SA400C/TB AIT-1 and TSL-SA500C/TB Ait-2 Autoloader BRAND: STORAGE TECHNOLOGY 9840, T9840B and T9940 L20, L40, L80, L180 and L700e TimberWolf 9730, 9738 and 9740 BRAND:SUN StorEdge 12-24GB 4mm DDS- 3 StorEdge DLT 7000 StorEdge L20, L40, L60, L180, L700 and L1000 Ta e lib StorEdge 4mm DDS-3 and L9 Autoloader Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND•TANDBERG DLT1, SLR50, SLR60, SLR100 and ValueSmart Ta e80 (VS80 DLT VS, SLR6060 and SLR100 Autoloader SLR Library 1210, 1420 and 1440 BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base Category: Printers Subcategory: Production Printers Eligible brands: Canon, Heidelburg, IBM, OCE, Scitex, Xeikon, and Xerox, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 250 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely identify list below and submit both hard and electronic copies) Percentage Discount (or N/A if not bidding) BRAND:CANON ImageRLNNER 105, 110 and 8500 BRAND: HEIDELBURG Di 'Master 9110 BRAND: IBM Infoprint 62, Color 100, Color 130, 2000, 3000, 4000 and 4100 BRAND: OCE' 8465 and 9260 DemandStream 3030, 4040, 6060, 8070, 8080, 8090 PageStream 1060, 75, 88, 110DC, 154, 210, 250, 308, 372, 466, 500, 530 and 744 BRAND: SCITEX VersaMark BCP 4/1 and MPS 22 BRAND: XEIKON 7000, 910CF and DMP 8000 VaryPress T Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies) if not bidding) BRAND:XEROX DocuColor 2045 and 2060 DocuPrint 75, 90, 92C, 96, 100/100/MY, 1000 CFD, 1151 115MX,135/135N% 1551155 MX, 180 MX, 180 NPS, 330, 350 CF, 4635 IPS, 4635 LPS, 4635 NPS, 4850 Highlight Color, 500CF, 700CFD DocuTech 2000 series 75 and 90 Production Publisher 6100, 6115, 6135, 6155 and 6180 BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base Category: Printers Subcategory: Workgroup Printers Eligible brands: Canon, Hewlett-Packard, IBM, Lexmark, Minolta-QMS, OCE, Oki Data, Ricoh, Sharp, and Xerox, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 500 subcategory units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely identify list below and submit both hard and electronic copies) Percentage Discount (or N/A if not bidding) BRAND:CANON Color Laser Copier 1100, 1120, 1150, 3100 and 5000 ImageRUNNER 200L, 210N, 2200, 2800, 330N, 400N, 5000, 550 60 600 and 6000 IR3250 BRAND: HEWLETT-PACKARD HP 2500C Professional Series LaserJet 4550, 8550, 2200, 4100, 5000, 8150 and 9000 BRAND: IBM lnfoprint 1120, 1125, 1130, 1140 and 1145 BRAND: LEXMARK C720 C750 C910 O tra Color C710,1200 O tra T610 T616 and W810 T520, T522, T620, T622, W820, X520, X522, X720, X820 BRAND: MINOLTA DiALTA Di200, Di250, Di251, Di350, Di351, Di450, Di520, Di550, Di620 and Di750 Products Benchmark List (uniquely Percentage identify list below and submit both Discount (or N/A hard and electronic copies)._if not biddin BRAND: MINOLTA- MS 2060 BX, 2060FX, 2560BX, 2560 EX, 2560 FX, 3260/4032, 3260/4032 EX and 4060 Magicolor 2200, 2210, 330 EX, 6100, and 6110 PagePro 4100E, 410OGN and 4110W BRAND: OCE' Digital Copier/Printer 3122, 3133, 3140, 3155 and 3165 8440 products Color System 110, 115, 150 and 200 BRAND: OKI DATA C7200, C7400, C9200, C9400 Oki a e 14 and 24 BRAND: RICOH Aficio and Aficio Color BRAND:SHARP Color Digital Imager AR-C 150, C160 and C250 BRAND:XEROX DocuColor 12 and 2006 Document Centre 425ST, 432ST, 440ST, 460ST, 470ST, 480ST, 490ST and ColorSeries 50 DocuPrint N2025, N2125, N2825 and 4525 Phaser 1235, 2135, 3400, 5400, 750, 790, 860 and 7700 BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base) Category: Videoconferencing Systems and Video Bridging Equipment Eligible brands: , PicturTel, Polycom, Sony, Tandberg, WON and VTEL, plus those of any other manufacturer that complies with the technical specifications. Products Benchmark List (uniquely identify list below and submit both hard and electronic copies) Percentage Discount (or N/A if not bidding) BRAND: VisuaLink 384 VideoWorks RA128/RA384 RA2000 BRAND: PICTURTEL Model 760XLJ760XL -TBR Model 600, 900 BRAND: POLYCOM ViewStation 128, MP, SP 128, SP384 and FX BRAND:SONY Contact 1600 and 6000 BRAND:TANDBERG Model 500, 800, 2500, 6000 and 7000 BRAND:VCON Falcon IP MediaCont 6000 and 8000 BRAND: VTEL Galax SL aVXL TC 1000/2000 and LC5000 BRAND: OTHER (Identify products and submit documentation as described above to demonstrate compliance with technical specifications) Category: Firewalls Eligible brands: Atipa, Axent Technologies, BorderWare Technologies, CyberGuard, Equant Integration Services, eSoft, Freemont Avenue Software, IBM, InfoExpress, Internet Appliance, Livermore Software Laboratories, Netscreen Technologies, NetWolves, PGP Security, Solsoft, SonicWall, Symantec, Tiny Software, WatchGuard Technologies, Zone Labs and Zyan Communications, plus those of any other manufacturer that offers products comparable to those identified and demonstrates, by documentation submitted with its bid, that it has a minimum installed base of 200 units with Customers in the two most recent State fiscal years. Products Benchmark List (uniquely identified list below and submit both hard and electronic copies) Percentage Discount (or N/A if not bidding) BRAND: ATIPA Atipa Firewall 1.0 and Firewall Plus BRAND: AXENT TECHNOLOGIES Raptor Firewall and Power VPN 6.5 BRAND: BORDERWARE TECHNOLOGIES BorderWare Firewall Server 6.1.1 and Office Gateway 1.1.2 BRAND:CYBERGUARD FireSTAR, KnightSTAR and STARLord 7 BRAND: E UANT INTEGRATION SERVICES Managed Firewall Service 2.5 BRAND: ESOFT Interceptor 4.2 BRAND: FREEMONT AVENUE SOFTWARE T.Rex Security Suite 2.0 and ES 2.0 BRAND: IBM IBM Small Business WebContions BRAND: INFOEXPRESS C berArmor 1.1 BRAND: INTERNET APPLIANCE INTERNET ro SES 2012 8.0 BRAND: LIVERMORE SOFTWARE LABORATORIES PORTUS 4.0 and ES 4.0 BRAND: NETSCREEN TECHNOLOGIES Netscreen-5 2.01r2, Netscreen- 10 2.01r2, NetScreen-100 2.01r2 and NetScreen-1000 1.7 BRAND: NETWOLVES FoxBox Pro Plus 2.3 BRAND: PGP SECURITY Gauntlet Firewall and Gauntlet VPN 5.5 BRAND: SOLSOFT Solsoft NSIVVQpenSource 3.3 BRAND: SONICWALL SonicWALL Internet Security Appliance 5.0 BRAND: SYMANTEC VelociRa for V 1.1 BRAND: TINY SOFTWARE Tiny personal Firewall 2.0, WinRoute Lite 4.1 and WinRoute Pro 4.1 Build 22 BRAND: WATCHGUARD TECHNOLOGIES WatchGuard LiveSecurity System 4.1 and SOHO 2.1 BRAND: ZONE LABS ZoneAlarm and ZoneAlarm Pro 3.0 BRAND: ZYAN COMMUNICATIONS Z an Firewall BRAND: OTHER (Identify products and submit documentation as described above to demonstrate comparability and minimum installed base EXHIBIT 2_ TR#11 08-S - Suite 360 July 18, 2006 MEMORANDUM NO.: (250-000-03-1)-10 TO: User Agency FROM: Director, State Purchasing SUBJECT: Contract No. 250-000-03-1 Title: Information Technology Hardware The subject contract has been renewed effective August 1, 2006 through December 31, 2007 with all contractors except the following. • Alcatel Internetworking, Inc. • Minuteman UPS / Para Systems, Inc. • SonicWall, Inc. • Sony Electronics. Inc. • Tripp Lite Power Protection • Wyse Technology, Inc. Any questions or problems in delivery or service that may arise regarding this contract should be directed to the contract administrator.