FLORIDA STATE UNIVERSITY PURCHASING DEPARTMENT A1400 UNIVERSITY CENTER TALLAHASSEE FL ADDENDUM ACKNOWLEDGMENT FORM. DATE: October 4, 2006

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1 FLORIDA STATE UNIVERSITY PURCHASING DEPARTMENT A1400 UNIVERSITY CENTER TALLAHASSEE FL ADDENDUM ACKNOWLEDGMENT FORM DATE: October 4, 2006 ADDENDUM NO. 6 to our Bid K BID TITLE: IT Hardware INSTRUCTIONS TO PROPOSERS Attached is additional information pertaining to the captioned Proposal. Please read this information carefully and incorporate it into the terms, conditions and specifications submitted with the original Proposal and any prior addendum s. This cover sheet must be signed by the individual signing the Proposal and returned with the Proposal. CERTIFICATION: This is to certify that I did receive the referenced addendum and have incorporated the terms, conditions, and specifications listed therein into the attached Proposal. SIGNED TITLE OF ABOVE NAME OF FIRM

2 ADDENDUM TO COMPETITIVE SOLICITATION K The following change(s) shall become part of and supplemental to the above mentioned Request for Proposal. Attached: ITN Questions ADDENDUMS MUST BE SEALED AND ENVELOPE PLAINLY MARKED ON THE OUTSIDE. SHOW THE ADDENDUM NUMBER, BID NUMBER, OPENING DATE AND THE TIME.

3 Would University allow legal terms and conditions to be made pursuant to the State of Florida contract terms and conditions? These terms have already been agreed to by the State and the Vendor. Answer: You must respond according to the ITN terms and conditions Will other agencies be eligible to use this contract vehicle for purchases? If that is the intent as outlined in the Section III, C in the solicitation, then it is our understanding that language similar to the example below must be included in the General Conditions in order to meet the audit requirements of the State of Florida s office of the Auditor General. Will OTHER GOVERNMENTAL AGENCIES language be added to the General Conditions of this solicitation? Answer: The intended coverage of this ITN and any Agreement resulting from this solicitation shall be for the use of all Departments at the University of Florida and Florida State University. With the consent and agreement of the Successful Vendor(s), the other state universities, community colleges, district school boards, other educational institutions, and other governmental agencies within the State of Florida, may assess an Agreement resulting from this solicitation issued and administrated by the University of Florida/Florida State University. The Universities reserves the right to add and/or delete elements, or to change any element of the coverage and participation at any time without prior notification and without any liability of any kind or amount.

4 General Conditions 4. (g) Invoicing and Payment Is an original and three (3) copies of the invoice required, or will one original be sufficient? Answer: The original invoice will be sufficient General Conditions 12. Nonconformance to Contract Conditions Instead of requiring Vendor to pay for testing costs, will University agree that the product return requirements in the ITN would apply? Would University agree to provide a thirty (30) day business notice to cure before activating reprocurement costs? Answer: The General Conditions will be the guiding factor unless otherwise noted in the ITN. General Conditions 18. Patents and Royalties Would University agree to modify this requirement to note that Vendor s obligation under this clause extends only to liability incurred by buyer as a result of a claim of infringement of a United States patent, copyright or trademark caused by Vendor manufactured Hardware Products and that the obligation would not apply to (a) any product or part not manufactured by Vendor; (b) any Product or part manufactured by Vendor which has been changed without the express written authorization of Vendor; (c) any Product or part not within Vendor s standard inventory but purchased at the specific direction of Buyer; (d) any Product or part manufactured to Buyer s design; (e) any claim of infringement arising from the use of any Product in conjunction with any other product as a combination not furnished by Vendor; or (f) any software provided with such Products, including the operating system? Answer: The General Conditions will be the guiding factor unless otherwise noted in the ITN. General Conditions 21. Liability Would University agree that Vendor s obligation would extend only to liability incurred by the University proximately caused by Vendor s sole negligence and would not include any liability caused by any acts, omissions or the negligence of the University or

5 any of its employees or agents and in no case would it include any consequential, incidental, exemplary or punitive damages? Answer: The General Conditions will be the guiding factor unless otherwise noted in the ITN. General Conditions 29. Additional Terms and Conditions Can University confirm that Manufacturer s limited warranty documents will be allowed and would apply? Answer: The General Conditions will be the guiding factor unless otherwise noted in the ITN. ITN, VII. Service Level Expectations, B. Delivery Timing Would University consider adding pending parts availability to the delivery timing requirements? Answer: No this would invalidate any required delivery It is Vendor s understanding that using a minority and women-owned business is encouraged, but not a requirement of the ITN. Can the university please confirm? Answer: Using minority and women-owned businesses is not a requirement. Nor will it be used as a short-list evaluation criteria. Please remove Section VI, #5 as a criteria. Instead, please respond in Tab 6 with 1) the vendor's plan to utilize small, disadvantaged, minority and womenowned businesses, and 2) the vendor's ability to report to to each University the dollar value of each Universities' purchases from those kinds of vendors. Reporting of minority and women-owned businesses shall be mandatory. Tab 3 Contact Names and Titles, Org Chart: Will the University consider a proposal submitted by an authorized reseller, or is the University's preference for manufacturer proposals only?

6 Answer: The Universities will accept proposals from all vendors that attended the mandatory pre-bid conference either in person or by teleconference. Tab 6 - R. Reporting: Do all the bullet points have to be addressed in quarterly report in order to be in compliance with this solicitation? (We are able to provide the majority of the required information but may not have all the information available)? Answer: Usage Report: Semi-Annually, the contractor shall furnish to FSU/UF Purchasing usage reports showing a summary of the ordering history reporting period. The report must show at minimum, description and total quantity of each item ordered during the reporting period, total dollars per department, method of payment (PO or PCard). Electronic reporting is preferred to hard copy. FSU/UF reserves the right to request additional information, if required, when reviewing contract activity. The successful Vendor agrees to furnish the University a summary of sales including total dollar amount, made under the contract, within 30 days of the anniversary of the contract renewal (January and June). The successful Vendor shall be responsible for scheduling and hosting in the Gainesville area, an annual business review meeting to discuss contract issues, delivery, sales dollars, errors, etc. Can the payment terms be changed to either 30 days or 40 days for both Universities? Answer: The University s obligation is payable only and solely from funds appropriated for the purpose of the Agreement. FSU: Unless otherwise stated herein, the payment terms for the Agreement are Net 40 days FSU s vendor ombudsman can be contacted at UF: Unless otherwise stated herein, the payment terms for the Agreement are Net 30 days. VENDOR OMBUDSMAN: The UF s vendor ombudsman whose duties include acting as an advocate for vendors may be experiencing problems in obtaining payment(s) from the University may be contacted at

7 Queston: Tab 8 - Pricing Matrix Can we modify the pricing matrix spreadsheet (We will try to keep the columns as uniform and as close to the original format as possible)? Answer: No, the pricing matrix needs to be the same for all bidders Section P: Large Quantity Discounts "If unusual volumes are ordered at one time, the University shall be free to negotiate larger discounts with the contractor or purchase the volume elsewhere at the sole option of the University." Will the Universities consider use of discounted fixed prices for the standard configurations referenced, subject to the terms and conditions of either the State of Florida WSCA participating addendum, or the E and I Cooperative Agreement to take advantage of the administrative efficiencies from using existing terms, and the economies of scale represented by the larger aggregated volumes of these existing framework agreements? Answer: All pricing must be in accordance to the ITN and pricing sheet. Are there any minimum quantity guarantees per university for either product, installations, or onsite services purchased? Answer: There are no guaranteed minimum quantities Regarding: Customers shall have access to their corresponding customer service representative during normal business hours of every business day (8am to 5pm ET). Does this refer to technical phone support face to face or access via telephone or .? Answer: FSU/UF: Customer Service Rep: Access via phone and/or will be sufficient as long as there is a dedicated rep and/or staff to service the account. Individual(s) name(s) must be made known to the university along with toll free phone number, fax number, address.

8 Removal (Destruction/Surplus) Services: Please define whether the University(ies) are expecting removal services only at the time new hardware is deployed. Can this removal process be on a monthly basis? Clarify what the expectation is here? Answer: Vendor needs to propose their commitment. Responses should be included under Tab 6. On page 9, Section M. Please clarify warranty term for hardware requested for a minimum of 2 years. Is this requirement for hardware systems only, or also for peripherals, which usually carry a 1year warranty period? Answer: FSU/UF require a minimum of 3 years warranty on all computer hardware. Standard manufacturers warranty on peripherals will suffice. Please clarify if 4-hour on-site warranty is required of ALL hardware (desktops, notebooks, servers, storage) Answer: Propose a solution. Evaluations will be based on the best fit to the universities. Response Times: When on-site service is requested, the contractor shall send a qualified technician to the location to diagnose and correct the problem. The technician shall arrive no later than four (4) business hours after a request was initiated. All corrections shall be completed and the system restored to operating condition prior to the end of the first business day after the request was initiated. In cases where correction within the specified time is not possible, the University may request the use of equal replacement products until the correction(s) is completed. The contractor shall provide and install the replacement components by the end of the second business day after the request for service was initiated, and at no cost to the University. Four hour response and replacement spares are above beyond standard warranty and increase expense to the vendor which would be passed on to

9 the University. Would the University be willing to accept a lower level of onsite service? Answer: The Universities may consider other offers of service. To clarify, are both universities looking for a 4 hour on-site response with a same day fix requirement? Answer: FSU is looking to balance 4-hour on-site with other factors. 4- hour is preferred. UF is looking to balance 24-hour on-site with other factors. If unusual volumes are ordered at one time, the University shall be free to negotiate larger discounts with the contractor or purchase the volume elsewhere at the sole option of the University. What quantity is considered an unusual volume? Answer: Quantities of 10 or more are considered unusual and will be treated as special purchases. Local support requirement To be eligible for the service portion of this ITN, the Contractor must have a support representative located within 50 miles of the FSU or UF locations. Also, the Contractor must have a qualified maintenance support presence with a minimum of two full-time technical support personnel within the same distance. Each response shall include a signed statement describing how the bidder intends to satisfy this requirement. This statement shall address both the facilities and personnel that will directly support the contract and shall include resumes. Is the University willing to reconsider the 50 mile requirement? Answer: The Universities may consider other offers of distance from location

10 Would the University be willing to accept different invoices for products and services? Answer: FSU\UF will consider accepting different invoices for products and services Can the University notify those on the bid list when updates related to this opportunity are made on the University bid portal? Answer: We do send an letting bidders know when addenda are posted but it is still the responsibility of the all bidders to check the web site for updates. Can a company be awarded multiple Lots? Answer: Yes Are SAN and NAS solutions included in Lot 1 or Lot 2? Answer: Lot 2 (storage devices and systems) Are companies precluded from providing products or services for a particular Lot if they are not shortlisted or selected for that Lot? Answer: There is the possibility that once the contract(s) are established end users may not be allowed to look outside for products. Does non-attendance at the mandatory pre-bid conference preclude those companies that did not attend from providing products and services identified in Lots 1 3? Answer: If a company did not attend the mandatory pre-bid their proposal can not be accepted

11 Are all potential vendors required to participate in the bid submission process or has the University granted certain exemptions? Answer: There are no exemptions Who is on the ITN Evaluation Committee? Are all members of the Committee affiliated with the University or will there be third-party Committee members? Answer: All members are with FSU and UF. Jeff Bauer, Gary Eggebraaten and third member TBD Marc Hoit, Dr. Frank Bova, Bob Miller PLEASE NOTE: PHYLLIS SULLIVAN IS THE CONTACT FOR ANY QUESTIONS CONCERNING THIS ITN. Who is the negotiating entity for the University? Is that entity affiliated with the University or will that entity be a third party? Answer: FSU and UF are the negotiation entities. Competitive Solicitation Acknowledgement Form, General Conditions, 2 nd page after the cover page The last sentence states, Any response that does not comply with these conditions will be rejected. Will FSU and UF allow legal exceptions to be made? Answer: We will adhere to the terms and conditions of the Competitive Solicitation unless stated otherwise in the ITN Provision V, B. Lot Definition, 3. Services, Page 6 The Universities state that the contractor must be capable of providing service within 4 hours of request. Are FSU and UF looking for a 4 hour response strictly for the hardware technical support and break/fix or for installation as well? Answer: FSU and UF are looking for the 4 hour response for the hardware technical support and break/fix.

12 Provision VII, C. Order Accuracy, Pages 7-8 Can the Universities clarify why they need this information and if there are any acceptable alternatives? Answer: The Universities will use this information to make sure that orders are being processed in a timely fashion and that the end users are getting their complete orders. Provision VII, D. Order Completeness, Page 8 Can the Universities please clarify Order Completeness? Under what circumstances is an item on an order considered incomplete? Answer: The order is considered incomplete when all items have not been delivered. Provision VII, U. University Terms & Conditions, Page 11 The Universities state that the Universities specific terms and conditions are posted separately on Florida State University s website along with this ITN. We were unable to find these terms and conditions. Could the Universities please send these additional terms and conditions to the participating vendors? Answer: This is an incorrect statement. All terms and conditions are stated in the Competitive Solicitation Acknowledge Form and in the ITN. Provision VIII, A. FSU, B. UF, Pages To clarify, does the service provider just need local technicians within 25 and 50 miles of the Universities campuses, or does the actual services company have to reside within these areas? Answer: Technicians that will provide the service to meet the contract. Can a different proposal be developed for each University (ie. how the product is fulfilled and serviced)? For instance, could one reseller / partner

13 be chosen to fulfill and service the products for one University and another partner be chosen for the 2 nd University? On a similar note, could a vendor win the Bid at one University and lose it at the other? Answer: There could be an instance that one university sees the need for one vendor and the other does not. Could you please provide a detailed description of the decision criteria specifically with regard to the vendor short list selection? How will the quality of the individual products be taken into account when judging which vendors make the short list? Answer: A detailed criteria has not been developed. Quality will be a factor. Can the vendor get creative in developing the T&Cs for the extended "University" including students, alumni and retirees to allow for different warranty, price and service options? Answer: We are looking for creativity as long as there is no conflict with the terms and conditions listed in the ITN. What are the technical requirements for device security? Answer: Please clarify-is this physical or software? Will the there be a master image provided by the Universities? If not, please list the salient software requirements. Answer: We want to have the option for multiple master images or specifying to the vendor what our requirements are for colleges.

14 Please outline the parameters governing the requirement for a 30 day money back guarantee requirement Answer: A 30 day money back guarantee will include any defective item, wrong item shipped or item not wanted. Is the University open to purchasing various products from various vendors or is the University trying to find 1 partner that can provide all of the products (desktops, notebooks, small servers, tablets and all of the peripherals) and provide all of the services required? Answer: The Universities may choose one (1) or multiple vendors whichever is in the best interest of both Universities.