WSCA/NASPO PC Contracts

Transcription

1 Page 1 of 12 Pages Last Things, First: If your governmental entity is interested in using the WSCA/NASPO PC Contracts, there is a process to follow to legally use these contracts. This document is intended to guide you through that process and provide copies or samples of the document you must use to legally participate. Cooperative purchasing is based on the fact that, in a free market economy, volume is a very powerful determinate of price in the competitive environment. Therefore, WSCA and NASPO use a cooperative, competitive model to capture the best pricing possible for the volume of purchases being made. The purpose of the process defined in this document is to manage the participation in the WSCA/NASPO PC Contracts so that we all can take advantage of the volume pricing. The Materials Management Division (MMD), of the Minnesota Department of Administration, has designated a Contract Administrator and a Procurement Manager who are responsible for the conduct of this procurement and management of the contracts. Contract Administrator (responsible for managing the contracts, relationships with Purchasing Entities, and all actions related to the Master Price Agreements) Name: Title: Agency Name: Address: Bernadette Kopischke Telephone: Fax Number: WSCA/NASPO Contract Administrator Minnesota Department of Administration Materials Management Division 112 Administration Building 50 Sherburne Avenue St. Paul, MN TTY: MN Relay Service Bernie.Kopischke@State.Mn.US Procurement Manager (Minnesota s representative to the WSCA Board of Directors and responsible for managing relationships with WSCA, NASPO, and Participating States/Participating Entities) Name: Title: Agency Name: Address: Paul Stembler Telephone: MMCAP Manager/Assistant Director Minnesota Department of Administration Materials Management Division 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155

2 Page 2 of 12 Pages Fax Number: TTY: MN Relay Service Paul.Stembler@State.Mn.US Please contact the Procurement Manager if you have any questions about this document and about becoming a Participating Entity on the WSCA/NASPO PC Contracts. Some Background: NASPO - The National Association of State Procurement Officials is a non-profit association dedicated to strengthening the procurement community through education, research, and communication. It is made up of the directors of the central purchasing offices in each of the 50 states, the District of Columbia, and the territories of the United States. NASPO is an organization through which the member purchasing officials provide leadership in professional public purchasing, improve the quality of purchasing and procurement, exchange information, and cooperate to attain greater efficiency and economy. In 1993, the 15 states from NASPO s western region came together to establish a means by which states may join together in cooperative multi-state contracting in order to achieve cost-effective and efficient acquisition of quality products and services. This group is better known as WSCA, the Western States Contracting Alliance. State included in this group are Alaska, Arizona, California, Colorado, Hawaii, Idaho, Minnesota, Montana, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, and Wyoming. WSCA is a national leader in facilitating cooperative purchasing that benefits the states, cities, counties, public schools, and institutions of higher education. These contracting initiatives are administered by a western region state and follow a review process managed by the state directors from the western region. As a result of the great success in the western region, NASPO leaders initiated the NASPO Cooperative Purchasing Committee in 2002 to assist member states both in and outside of the western region in establishing cooperative multi-state contracts. Similar to the original WSCA model, NASPO assists member states in all regions in establishing cooperative multi-state contracts. All authorized governmental entities are welcomed to use WSCA/NASPO approved agreements. CONTRACTING MODEL - A lead state model in undertaking cooperative multi-state contracts. 1. During the development of an initiative, a lead state has volunteered to accept the responsibility for creating, competing, evaluating, awarding, and managing the specific initiative. 2. The lead state develops a plan during the approval process, and that plan is used as the basis for getting members to sign an Intent to Participate in the initiative. While an Intent to Participate can be signed at any time by a member state, those signed prior to announcement of the solicitation are directly listed as participating and become the source of volunteers to assist in the development and evaluation of the Request for Proposal. 3. The lead state publishes the Request for Proposal for the initiative using its statutory and regulatory requirements. Evaluation, award, and execution of the contracts must comply with the statutory and regulatory requirements of the lead state.

3 Page 3 of 12 Pages 4. The final recommendation for approval of the actual award of contracts is made by the lead state to the appropriate board. The master price agreements are then executed by the lead state and the awarded contractors. At this point the process goes down two, separate paths. The instrument used to define and acknowledge the participation of other states or entities in the master price agreement (which is executed ONLY under the statutory and regulatory authority of the lead state) is a Participating Addendum. Each participating addendum applies ONLY to the state or entity entering into the addendum and cannot change the underlying terms and conditions of the master price agreement, but only amends these terms and conditions to meet the needs of each state or entity. The lead state is not a party to the participating addendum, but must receive a copy of each participating addendum, which is basically an amendment to each master price agreement. For participating member (of either WSCA or NASPO) states - State executes a Participating Addendum with each contractor to amend into the master price agreement state specific statutory or regulatory requirements that allow each individual state to actually use the contracts. Then, entities authorized by that State s statutes to use its contracts, may proceed to use the contracts. For non-wsca states (for a WSCA contract) or for governmental entities of non-participating states - Each entity executes a Participating Addendum with each contractor to amend into the master price agreement participation in the contract and statutory or regulatory requirements that allow each entity to actually use the contracts. Again, this process goes down two paths. Non-WSCA states or states that did not sign an Intent to Participate for either WSCA or NASPO contracts - The state executes a Participating Addendum with each contractor to amend into the master price agreement state specific statutory or regulatory requirements that allow each individual state to actually use the contracts. Then, entities authorized by that State s statutes to use its contracts, may proceed to use the contracts. Governmental entities of non-participating states - State statutes permit Minnesota to enter into Joint Powers Agreements (Minn. Stat. 16C.03, Subd. 10) with another state or political subdivisions of another state. This becomes a two step process. 1) An entity, which must have statutory authority to enter into joint powers agreements or statutory designation as a political subdivision, signs a cooperative agreement with Minnesota, which creates the legal structure for use of the master price agreements in general, and 2) the entity then executes a Participating Addendum with each contractor (or with the contractors it chooses) to use the contracts. The first document is between the entity and Minnesota; the second document is between the entity and the contractor. States participating (for contracts) As of May 1, 2006, 41 states are either using the contracts or entities within those states are permitted to use the contracts. You should check the WSCA/NASPO PC Contracts website for the latest information on participation. WSCA/NASPO PC Contracts websites: (click on select a contract, then computers ) or (click on cooperative purchasing opportunities, then on western state contracting

4 Page 4 of 12 Pages alliance - pc contracts ) Then go to the 2004/2009 Contract page (in the grey bar at the top of the page) At the top of the table on this page are two links (PC manufacturers) and (Printer/LAN Storage manufacturers), under each of these is a list of the states participating, and in some cases the individual entities within states that are participating. If you have any questions about who is or is not using the contracts, contact Paul Stembler (contact information above). How Do We Participate? If your state or information authority has already signed an Intent to Participate (listed above): Contact the state or information authority and determine if you are already covered by the existing participating addendum. You can find out how to get in touch with your state s chief procurement official through Your state chief procurement official or his/her staff can tell you how to get in touch with your state information authority, if necessary. Follow the directions provided by the state procurement authority and you will be able to use the contracts. Each Participating State procurement authority has a designated contact who will assist you in using the WSCA/NASPO PC Contracts. If your state has not already signed an Intent to Participate: You need to do three things to be able to use the contract. First, you will have to get acknowledgment from your state s chief procurement official that your entity has the legal authority to participate in a cooperative and that the state s chief procurement official understands you will be using the WSCA/NASPO PC contracts. This acknowledgment can be in the form of an or letter (see Attachment A). The or letter should be sent to the Procurement Manager (Paul Stembler) at the address above. Second, you will have to sign a cooperative agreement with Minnesota, which establishes a legal relationship between the State of Minnesota and your entity. (See Attachment B) This authority is based on the definition of governmental entity found in Minnesota Statutes , Subdivision 1 ( You should have your legal counsel review that statute to make sure you fit within that definition. A sample of the cooperative agreement is included below. You should fill it out and fax it to Paul Stembler ( ), who will create a formal document, and return it to you for

5 Page 5 of 12 Pages execution. The formal document needs to be executed by someone at your entity with the legal authority to sign contracts. Since this differs greatly across governmental entities, it may take some research to figure out who can sign it. Once you have signed the agreement, send it to Minnesota (the address is on the sample). We will execute the agreement and return a copy to you. Third, once you have received the fully executed copy of the cooperative agreement, you need to enter into a Participating Addendum with the contractor(s) you wish to use. A sample and contractor contacts are attached below (see Attachment C) but you need to go to and click on each individual contractor to be able to download the actual draft Participating Addendum for each contractor. Remember, you need to send a fully executed copy of the Participating Addendum to Minnesota (same address as the cooperative agreement) BEFORE the Participating Addendum is really in effect. INTENT AND PURPOSE OF THE REQUEST FOR PROPOSALS AND RESULTING CONTRACTS Potential participating entities should be aware of the intent of the WSCA Directors in entering into these contracts. This intent guides the operation and management of the contracts. The WSCA Directors are not dictating how any entity does purchasing. They are, and feel they have an obligation to define the basis on which the contracts were solicited, competed, evaluated, and awarded. If you have additional questions about this intent, please contact the Procurement Manager, Paul Stembler, Assistant Director, Materials Management Division, Minnesota Department of Administration at paul.stembler@state.mn.us or Actual intent as expressed in the Request for Proposal and Resulting Contacts: The Materials Management Division (MMD) of the Minnesota Department of Administration (Admin) is acting on behalf of the State of Minnesota, the Western States Contracting Alliance (WSCA), and the National Association of State Procurement Officials (NASPO) from equipment manufacturers of: personal computers (desktop workstations, laptops and mobile); small servers; storage solutions hardware for small LANS; individual or small shared printers; and limited peripherals to support desktop computing. Contractors must provide warranty and maintenance services on ALL equipment that is offered and purchased through the resulting contracts. Delivery, support, warranty, and maintenance may be provided by the contract awardees using subcontractors. The contract awardee is still responsible for the timeliness and quality of all services provided by individual sub-contractors. Subcontractor participation will be governed by individual Participating State procurement officials, who

6 Page 6 of 12 Pages have the sole discretion to determine if they will accept services from a sub-contractor. Contractors may offer, but participating states and entities do not have to accept, limited professional services related ONLY to the equipment and configuration of the equipment purchased through the resulting contracts. This RFP is divided into several bands (groups of units and configurations considered related to each other). The definition of bands is not subject to negotiations with potential responders. Responders may respond to any or all bands. The State of Minnesota and WSCA intend this procurement to result in LIMITED multiple source awards for each band. Educational offerings, including special purpose educational software and hardware configurations included as part of the original purchase, are included in this RFP. The specific rules and restrictions of these educational offerings must be detailed in the response and contract. This request for proposals and resulting contract(s) IS NOT for a one-stop, meet-any-and-all requirements contract, nor is it for the purchase of software or peripherals NOT included as part of an equipment purchase under a resulting contract. At the option of the WSCA Directors and the Participating State procurement official, factory warranted upgrades for equipment previously purchased from the contracts resulting from this RFP (or the previous WSCA PC contract) may be included as part of the resulting contracts. Additionally, it IS NOT a reseller contract; it is the intent of this request for proposals to contract with equipment manufacturers. Each state represented by WSCA or NASPO that chooses to participate in this contract independently has the option of contracting for a one-stop shop contract, contracts with resellers, or any other kind of PC or computer goods or services. Potential responders should be aware of several limitations and boundaries intended by the WSCA Directors in supporting the issuing of this RFP. - The resulting contracts are NOT for the offer and purchase of major, large hardware or hardware and software offerings. In general, individual units/configurations should not exceed $100,000 each. It is the expressed intent of some of the Participating States to set this level at not to exceed $25,000 each. This IS NOT a restriction on how many units/configurations can be purchased, but on the value of each individual unit/configuration. Individual Participating States may set state specific limits in a participating addendum, with the prior approval of the WSCA Directors. - Contract awardees should assume that the pricing accepted reflects individual or small quantity purchases. If a Participating State, or a group of Participating States or entities within a state(s), chooses to focus purchases on a state configuration, this configuration will be defined and then competed within the pool of contract awardees for specific pricing. These strategic competitions that exceed $500,000 in total value must be reported to the MMD Contract Manager by the each Contractors participating in the competition. - MMD and the WSCA Directors acknowledge that individual units and configurations offered in 2004 will evolve during the potential life of the resulting contracts. It is our intent to adhere to the following processes in dealing with this change, evolution. Substitution of units/configurations: MMD and the WSCA Directors acknowledge that individual units and configurations may stop being produced during the life of the resulting contracts. Substitution of different units and configurations will be permitted with the prior written approval of the Contract Administrator. This substitution is at the sole discretion of the Contract Administrator, subject only to review and approval of the Procurement Manager. Addition of units/configurations: MMD and the WSCA Directors acknowledge that with the evolution of technology, new, emerging units and configurations will develop. Addition of these new, emerging units may be permitted, with the prior approval of the Contract Administrator and the WSCA Directors. The addition of new, emerging units and configurations is at the sole discretion of the Contract Administrator, subject only to review and approval of the WSCA Directors. Thank you for your interest in using the WSCA/NASPO PC Contracts. We look forward to working with you. Our contact information is on page 1, above.

7 Page 7 of 12 Pages Attachment A Acknowledgment by State Chief Procurement Official (or State Technology Official) of Authority to Participate An , sent to: Paul.Stembler@state.mn.us with the following statement will satisfy the requirements for acknowledgment and providing the legal citation necessary for completing Attachment B (Joint Powers Agreement). The Bureau of Procurement through this memo authorizes the University of xxxx System Office of Procurement to Participate in the WSCA/NASPO PC Contracts. Authority for this authorization resides in Laws of XXXX, Chapter 20, Section 15 (or Bureau of Procurement Policy and Procedure PRO A 3, Delegation and PRO-D-25, Collective Purchasing With Other States). In some cases states have provided us with either a blanket list of authorized entities or a specific list of entities authorized, under the statutes of that state, to use the WSCA/NASPO contracts. You will find this information on the web site, under the State Link to Participating Entities column of the two tables linked on this page one for PC manufactures and the other for Printer/LAN Storage manufacturers. This link will provide all the details we have on any blanket lists or individual entities that are participating in any state.

8 Page 8 of 12 Pages Attachment B COOPERATIVE AGREEMENT for use of WSCA/NASPO PC Contracts This Joint Powers Agreement is between the State of Minnesota, through its commissioner of Administration, Materials Management Division ( Division ) and ( Authorized Governmental Unit ). Pursuant to Minn. Stat. 16C.03, subd. 10, the Division acquires various supplies, commodities, equipment, and services for state agencies and governmental units (as defined in Minn. Stat , subd. 1) through competitive bidding or requests for proposals. The Division, through Minn. Stat. 16C.11, and the Authorized Governmental Unit wish to combine their purchasing functions, as specifically provided below, so that the Authorized Governmental Unit may avail itself of the prices which have been agreed upon by the Division and its vendors. This cooperative agreement is intended to make the WSCA/NASPO PC Contracts ( Contracts ) that the Division leads and manages for WSCA/NASPO available to the Authorized Governmental Unit. The WSCA/NASPO PC Contracts are effective on September 1, 2004, and will expire on August 31, 2009, permitted extension are not exercised. The parties agree as follows: 1. Term. This cooperative agreement will be effective on the date Division obtains all required signatures under Minn. Stat. 16C.05, subd. 2, and remains effective until the WSCA/NASPO PC Contracts expire, based on the Division s management of these contracts. Unless the Authorized Governmental Unit chooses to set a different date, this cooperative agreement has the same term as the basic WSCA/NASPO PC Contracts. This cooperative agreement may be canceled by either party upon 30 days written notice to the other party. 2. Services. The Division will make the WSCA/NASPO PC Contracts, listed on the WSCA website, available to the Authorized Governmental Unit. These services are provided, by Division for WSCA/NASPO, in return for the volume Authorized Governmental Unit adds to the cooperative. 3. Use of WSCA/NASPO PC Contracts. After this cooperative agreement has been executed, to be eligible to purchase from the WSCA/NASPO PC Contracts, the Authorized Governmental Unit must sign a separate Participating Addendum with each of the Contractors on the WSCA/NASPO PC Contracts. Each Participating Addendum acts as a Authorized Governmental Unit amendment to the basic WSCA/NASPO PC Contracts, defining Authorized Governmental Unit unique requirements, terms and conditions. The Authorized Governmental Unit will not use the goods available under the Division s contracts for the purposes of resale and the Authorized Governmental Unit must be the end user of the goods purchased. 4. Liability. The Authorized Governmental Unit agrees that neither the Division nor its employees personally assume responsibility or liability for any amounts due or claimed to be due pursuant to any purchase order entered issued by the Authorized Governmental Unit. The Authorized Governmental Unit will indemnify, save and hold harmless the Division and its employees from any loss, damage or expense, including payment of attorney fees allowable by law, which arise or may arise from the Authorized Governmental Unit s use of this cooperative agreement and from any dispute or claim arising from any transaction between the Authorized Governmental Unit and the Division s vendors, whether or not the loss, damage, dispute or claim arises during or after the period of this joint powers agreement. The Division s liability is governed by the provisions of Minn. Stat Assignment, Amendments, Waiver, and Contract Complete

9 Page 9 of 12 Pages Assignment. The Authorized Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior written consent of the Division and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. Waiver. If the Division fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. Contract Complete. This agreement contains all negotiations and agreements between the Division and the Authorized Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6. Government Data Practices The Division must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the Division under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Division under this agreement. The civil remedies of Minn. Stat apply to the release of the data referred to in this clause by the Division. If the Authorized Governmental Unit receives a request to release the data referred to in this Clause, the Authorized Governmental Unit must immediately notify the Division. The Division will give the Authorized Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 7. Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 8. Designated Contacts The Division has designated a Contract Administrator and a Procurement Manager who are responsible for the conduct and management of the WSCA/NASPO PC Contracts. Contract Administrator (responsible for managing the contracts, relationships with Purchasing Entities and all actions related to the Master Price Agreements) Name: Bernadette Kopischke Title: WSCA/NASPO Contract Administrator Agency Name: Minnesota Department of Administration Materials Management Division Address: 112 Administration Building 50 Sherburne Avenue St. Paul, MN Telephone: Fax Number: TTY: MN Relay Service Bernie.Kopischke@State.Mn.US Procurement Manager (Minnesota s representative to WSCA Board of Directors and responsible for managing relationships with WSCA, NASPO, and Participating States/Participating Entities) Name: Paul Stembler Title: MMCAP Manager/Assistant Director Agency Name: Minnesota Department of Administration

10 Page 10 of 12 Pages Address: Materials Management Division 112 Administration Building 50 Sherburne Avenue St. Paul, MN Telephone: Fax Number: TTY: MN Relay Service Authorized Governmental Unit has designated the following individual as the official point of contact: [fill in the blanks] Name: Title: Agency Name: Address: Telephone: Fax Number: TTY: SIGNATURES (ON THE ACTUAL DOCUMENT) To complete this step: 1. Fax completed draft (formal name of Authorized Governmental Unit, name, title, etc. of contact) to Paul Stembler ( ) 2. Paul will fill out the actual form an the completed form as an attachment to the designated contact. 3. Have the agreement signed and fax it to Paul Stembler ( ) and send the signed original to: WSCA/NASPO Contracts Minnesota Department of Administration Materials Management Division 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155

11 Page 11 of 12 Pages Attachment C Sample Participating Addenda for WSCA/NASPO PC Contracts and Contractor Contacts Attached is a sample Participating Addenda for the 11 WSCA/NASPO PC Contracts. YOU NEED TO GO TO THE CONTRACTS web page and then click on each individual contract to download ( a copy of the actual draft Participating Addendum you need to fill out, execute and forward to the appropriate contractor contact. Listed below are the primary contractor representatives with whom you will deal in executing a Participating Addendum. Contact them with any questions. REMEMBER - you must send a copy of the fully executed Participating Addendum to Minnesota (address below) before the Participating Addendum becomes effective. WSCA/NASPO Contracts Minnesota Department of Administration Materials Management Division 112 Administration Building 50 Sherburne Avenue St. Paul, MN In general, each Participating Addendum takes the following format. Authorized Governmental Unit may add, at its option, additional terms and conditions to meet it own requirements. PARTICIPATING ADDENDUM COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES MASTER PRICE AGREEMENT XXX Computer, Inc. Contract Number A633xx 1. Scope: (Briefly describe the jurisdiction of the governmental entity. If the jurisdiction includes all the governmental entities within an entire state, a statement to that effect will suffice) 2. Changes: (Insert specific changes or a statement that no changes are required) 3. Lease Agreements: (Insert a statement whether or not the lease agreement terms and conditions have been approved for use by the governmental entity) 4. Primary Contact: The primary contact individual for this participating addendum is as follows: Name Address Telehone: Fax: 5. Price Agreement Number: All purchase orders issued by procuring agencies within the jurisdiction of this participating addendum shall include the following price agreement number: A633xx (Insert proper number as necessary) 6. Certified Education Partners: Procuring agencies that qualify for educational products and discounts may assign a certified education partner to a purchase order.

12 Page 12 of 12 Pages 7. Servicing Subcontractors: The following servicing contractors are authorized: (If appropriate, insert servicing subcontractor name(s) or delete this item) This Addendum and the Price Agreement together with its exhibits, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Addendum and the Price Agreement, together with its exhibits, shall not be added to or incorporated into this Addendum or the Price Agreement and its exhibits, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Addendum and the Price Agreement and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms. SIGNED BY GOVERNMENTAL ENTITY AND CONTRACTOR