Microsoft Select Government

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Microsoft Select Government

  1. 1. Microsoft Select Government & Academic Resellers Request for Proposal (RFP) Microsoft Select Government and Academic Reselleres Bid Number: 03 X 34827 Table of Contents: 1.0 Information for Bidders 1.1 Purpose and Intent 1.2 Background 1.3 Key Events 1.4 Additional Information 1.5 FOB Destination 1.6 Bid Pricing 2.0 Definitions 3.0 Technical Specifications 3.1 Bidding Instructions Government Select & Academic Select 3.2 Method of Award 3.3 Method of Operation 4.0 Proposal Preparation and Submission 4.1 General 4.2 Proposal Delivery and Identification 4.3 Number of Bid Proposal Copies 4.4 Proposal Content 5.0 Contractual Terms and Conditions 5.1 Precedence of Contractual Terms and Conditions 5.2 Performance Bond "Not applicable" 5.3 Business Registration 5.4 Contract Term and Extension Option 5.5 Contract Transition 5.6 Availability of Funds 5.7 Contract Amendment 5.8 Contractor Responsibilities 5.9 Substitution or Addition of Subcontractor (s)"Not applicable" 5.10 News Releases 5.11 Advertising 5.12 Claims and Remedies 5.13 Late Delivery 5.14 Form of Compenastion and Payment 5.15 Year 2000 5.16 Contract Activity 6.0 PROPOSAL Evaluation/Contract Award 6.1 Proposal Evaluation Committee
  2. 2. 6.2 Oral Presentation and/or Clarification of Proposal 6.3 Evaluation Criteria 6.4 Contract Award 7.0 BIDDER DATA SHEETS "Not Applicable" 8.0 PRICE SHEET(S) AND SUPPORTING DETAIL "Not Applicable" 9.0 EXHIBITS/ATTACHMENTS "Not Applicable" 1.0 Information for Bidders 1.1 Purpose and Intent This Request For Proposal (RFP) is issued by the Purchase Bureau, Division of Purchase and Property, Department of the Treasury, on behalf of the State of New Jersey. The purpose of this RFP is to solicit bid proposals from Microsoft Large Account Resellers (LARs) authorized to sell Microsoft Select products, both government and academic, to the State of New Jersey and members of Cooperative Purchasing, i.e., local government entities. This will be a three- year term contract. The Microsoft Select Government and Select Academic Agreements provide special licensing rights, a comprehensive maintenance program, and a unique pricing structure for new purchases and maintenance. An award shall be made to one primary and one secondary LAR for both Microsoft Select Government program and the Microsoft Select Academic program. The LAR will provide products to State agencies and members of Cooperative Purchasing. 1.2 Background The State of New Jersey and members of Cooperative Purchasing have an installed base of Microsoft products. The Microsoft Select Agreements provide for varying pricing levels to the State agencies and members of Cooperative Purchasing. LARs are asked to bid a percent discount off pricing for licenses and maintenance under both agreements. 1.3 Key Events 1.3.1 Questions and Inquiries It is the policy of the Purchase Bureau to accept questions and inquiries from all potential bidders receiving this RFP. Written questions should be mailed or faxed to the Purchase Bureau to the attention of the assigned Purchase Bureau buyer at the following address:
  3. 3. Purchase Bureau Division of Purchase and Property State of New Jersey PO BOX 230 Trenton, New Jersey 08625-0230 Attention: Pasquale P. Locane (609-292-9777) Fax:(609-292-5170) With a copy to: Anthony Gibbons Office of Information Technology Fax: (609-633-0400) 1.3.1.1 CUT-OFF DATE FOR QUESTIONS AND INQUIRIES The cut-off date for questions and inquiries relating to this RFP is at the close of business fifteen (15) business days prior to the bid opening. 1.3.1.2 Question Protocol Questions should be submitted in writing to the attention of the assigned Purchase Bureau buyer. Written questions should be directly tied to the RFP by the writer. Questions should be asked in consecutive order, from beginning to end, following the organization of the RFP. Each question should begin by referencing the RFP page number and section number to which it relates. Short procedural inquiries may be accepted by telephone by the Purchase Bureau buyer, however, oral explanations or instructions given over the telephone shall not be binding upon the State. Bidders shall not contact the Using Agency directly, in person, or by telephone, concerning this RFP. 1.3.2 Mandatory Site Visit "Not applicable to this Procurement" 1.3.3 Mandatory Pre-Bid Conference "Not applicable to this Procurement" 1.4 Additional Information 1.4.1 Revisions to this RFP In the event that it becomes necessary to clarify or revise this RFP, such clarification or revision will be by addendum. Addendum, if any, to this RFP will be distributed to all bidders who were sent the RFP. 1.4.2 Addendum as a Part of this RFP Any addendum to this RFP shall become part of this RFP and part of any contract resulting from this RFP. 1.4.3 Issuing Office This RFP is issued by the Purchase Bureau, Division of Purchase and Property. The buyer noted in Section 1.3.1 is the sole point of contact between the bidder and the State for purposes of this RFP.
  4. 4. 1.4.4 Bidder Responsibility The bidder assumes sole responsibility for the complete effort required in this RFP. No special consideration shall be given after bids are opened because of a bidder's failure to be knowledgeable of all the requirements of this RFP. By submitting a proposal in response to this RFP, the bidder represents that it has satisfied itself, from its own investigation, of all of the requirements of this RFP. 1.4.5 Cost Liability The State assumes no responsibility and bears no liability for costs incurred by bidders in the preparation and submittal of bid proposals in response to this RFP. 1.4.6 Contents of Bid Proposal The entire content of every bid proposal will be publicly opened and becomes a public record. This is the case notwithstanding any statement to the contrary made by a bidder in its bid proposal. All bid proposals, as public records, are available for public inspection. Interested parties can make an appointment to inspect bid proposals received in response to this RFP with the Purchase Bureau buyer. 1.4.7 Price Alteration Bid prices must be typed or written in ink. Any price change (including "white-outs") must be initialed. Failure to initial price changes may preclude an award being made to the bidder. 1.4.8 Joint Venture If a joint venture is submitting a bid proposal, the agreement between the parties relating to such joint venture should be submitted with the joint venture's proposal. Authorized signatories from each party comprising the joint venture must sign the bid proposal. A separate Ownership Disclosure Form, Affirmative Action Employee Information Report, McBride Principles Certification and, if applicable, foreign (out of State) corporation registration must be supplied for each party to a joint venture. 1.4.9 Purchase Order Approvals All purchase orders issued under this contract are subject to agency approval and OIT/OMB approval depending upon the dollar amount and/or scope of work. Vendors are hereby put on notice that an individual agency may not have the authority to order products without attaining OIT/OMB approval and no products should be shipped until all approvals have been attained and a fully executed purchase order has been provided. 1.4.10 Price Verification Pricing for Microsoft Government Select can be verified with Gill Gluck of Microsoft Corporation at 609-707-6367.
  5. 5. Pricing for Microsoft Academic Select can be verified with Matt Royal, 800-426-9400 extension 11245 1.5 F.O.B. Destination All products bid must be shipped F.O.B. Destination as per item #3 on the cover sheet of this RFP. 1.6 Bid Pricing For the purposes of this bid, all prices and discounts for the Microsoft Select Government Agreement are based on Level D prices for the Application Pool, Level D prices for the System Pool and Level C prices for the Server Pool. For the Microsoft Select Academic Agreement, all prices and discounts, for the purposes of this bid, are based on Level A prices for the Application Pool, System Pool and Server Pool. The price lists in effect on April 1, 2003 will be used for evaluation purposes. All bidders must make sure they have the correct and most current price list at the time of bid submission. All discounts bid will be based on and evaluated against the Microsoft Select Government and Microsoft Select Academic Price Lists. Bidders can only take their bid discounts two places to the right of the decimal, i.e., 00.00%. 2.0 Definitions The following definitions shall be part of any contract awarded or order placed as a result of this RFP: Addendum – Written clarification or revision to this RFP issued by the Purchase Bureau. Amendment – A change in the scope of work to be performed by the contractor. An amendment is not effective until it is signed by the Director, Division of Purchase and Property. Bidder - An individual or business entity submitting a bid proposal in response to this RFP. Contract - This RFP, any addendum to this RFP, and the bidder's proposal submitted in response to this RFP and the Division's Notice of Acceptance . Contractor - The contractor is the bidder awarded a contract. Director - Director, Division of Purchase and Property, Department of Treasury. By statutory authority, the Director is the chief contracting officer for the State of New Jersey. Division - The Division of Purchase and Property.
  6. 6. Evaluation Committee - A committee established by the Director to review and evaluate bid proposals submitted in response to this RFP and to recommend a contract award to the Director. LARs - Large Account Resellers May - Denotes that which is permissible, not mandatory. NJOIT – New Jersey Office of Information Technology Physical Location- An entity, which acts on its own, performs its own purchasing and is considered a physical site. Request for Proposal (RFP) – This document, which establishes the bidding and contract requirements and solicits bid proposals to meet the purchase needs of Using Agencies as identified herein. Shall or Must – Denotes that which is a mandatory requirement. Failure to meet a mandatory requirement will result in the rejection of a bid proposal as materially non-responsive. Should - Denotes that which is recommended, not mandatory. State - State of New Jersey. Using Agency or Agency - The entity for which the Division has issued this RFP and will enter into a contract. Qualified Education Users for this contract are defined as: A) Educational Institutions: Defined as an accredited K-12 education institution or higher education institution organized and operated exclusively for the purpose of teaching its students. An accredited institution must be: 1. A public or private K-12, vocational school, correspondence school, junior college, college, university, or scientific or technical school meeting all of the following criteria: (i) organized and operated exclusively for purpose of teaching its K-12 or higher education students; and (ii) institutionally accredited by a Regional Institutional Accrediting Agency recognized by the U.S. Secretary of Education. Note: Accreditation by a National Institutional and Specialized Accrediting Body alone does not qualify an end user as a qualified educational user. OR 2. An accredited preschool meeting all of the following criteria: (i) is an early childhood program that serves a minimum of ten children ages two through five years of age; (ii) has been in operation for at least one year; (iii) provides educational services and (iv) is incorporated for the purpose of providing education services to children between two and five years of age. B) Administrative Offices or Boards of Education of Educational Institutions: Defined as district, regional, and state administrative offices of the Educational Institutions defined in Section A above. C) Full and Part Time Faculty and Staff of Educational Institutions:
  7. 7. Defined as all full and part time faculty and staff of Educational Institutions defined in Section A above. D) Full and Part Time Students of Higher Education Institutions: Defined as full and part time students of a Higher Education Institution defined as a public or private vocational school, correspondence school, junior college, college, university, or scientific or technical institution meeting all criteria defined in Section A (1) above. Full and Part Time Students of K-12 are NOT Qualified Educational Users. E) Public Libraries: Must meet all of the following criteria: (i) provide general library services without charge to all residents of a given community, district or region; (ii) are supported by public or private funds; (iii) makes its basic collections and basic services available to the population of its legal service area without charges to individual users, but may impose charges on users outside its legal service area; (iv) may or may not provide the products and services, beyond its basic services, to the public at large with or without individual charges. F) Public Museums: Must meet all the following criteria: (i) are a public or private agency or institution organized on a permanent basis for essentially education or aesthetic purposes; (ii)utilize a professional staff; and (iii) own or utilize tangible objects, care for them and exhibit them to the public on a regular basis. Special note regarding Hospitals, Healthcare Systems and Research Laboratories: Hospitals, Healthcare Systems and Research Laboratories (including independent Research Laboratories or Research Laboratories affiliated with the Department of Defense or the Department of Energy) are NOT eligible to acquire Academic Edition products unless they are wholly owned and operated by a qualified Educational Institution as defined above in Section A. "Wholly owned and operated" means that the Educational Institution is the sole owner of said hospital, healthcare system or research laboratory and the only entity exercising control over the hospital's day-to-day operations. Additional information on determining if an entity is wholly owned and operated by an Educational Institution can be found at: http://www.microsoft.com/education/pricing/docs/HospitalDefinition.doc 3.0 Technical Specifications LARs will be responsible for adhering to all terms and conditions of the Select Government Agreement and/or the Select Academic Agreement, as appropriate. 3.1 Bidding Microsoft Select Government and Academic Products The State of New Jersey has executed separate Microsoft Select Government and Academic Agreements. 3.1.1 Microsoft Select Government Products
  8. 8. For the Government Agreement, prices are set at Level D for the Application Pool, Level D for the System Pool and Level C for the Server. Through this contract the LAR will provide products and services to State agencies and members of Cooperative Purchasing. Attached to these specifications is a price sheet containing lines for the Microsoft Select Government program. Bidders must provide one (1) discount for each line item specified. Bidder(s) must bid all price lines (1-5) in order to be eligible for a contract award. All discounts will be applied against the Microsoft Select Government Level D Price List in effect on April 1, 2003, for the Application Product Pool,Level D Select Price List for the Server Pool and Level C Select Price List for the System Pool. Line 00001- Bidder(s)must bid one (1) discount for all products under the Microsoft Select Government license program with Software Assurance. Line 00002- Bidder(s)must bid one (1) discount for all products under the Microsoft Select Government license program without Software Assurance. Line 00003- Bidder(s)must bid one (1) discount for Master CD under the Microsoft Select Government program. Line 00004- Bidder(s)must bid one (1) discount for all documentation products from Microsoft Press. Line 00005- Bidder(s)must bid one (1) discount for Software Assurance only available under the Microsoft Select Government Program. 3.1.2 Microsoft Select Academic Products Attached to these specifications is a price sheet containing lines for the Microsoft Select Academic program. Bidder(s) must provide one (1) discount for each line item specified. Bidder(s) must bid all price lines (6-10)in order to be eligible for a contract award. All discounts will be applied against the Microsoft Select Academic Level A Price List in effect on April 1, 2003, for the Application, Server and System Pools. Line 00006- Bidder(s)must bid one (1) discount for all products under the Microsoft Select Academic license program with Software Assurance. Line 00007- Bidder(s)must bid one (1) discount for all products under the Microsoft Select Academic license program without Software Assurance. Line 00008- Bidder(s)must bid one (1) discount for Software Assurance only available under the Microsoft Select Academic Program. Line 00009- Bidder(s)must bid one (1) discount for Microsoft Select Academic CDs. Line 00010- Bidder(s)must bid one (1) discount for all documentation
  9. 9. products from Microsoft Press. 3.2 Method of Operation After the contract awards are made, State agencies and participants in the Cooperative Purchasing Program will be able to obtain quotes from the resellers. The LARs will supply products and services as necessary and will invoice the individual agencies. The LARs shall reconcile the shipment of licenses to the State when requested to do so. If a new product is introduced, or a current product is discontinued, updated or replaced by a new product,and the vendor wishes to offer the product under their contract, a request for product update must be made in writing to the Division of Purchase and Property, with the following stipulations: 1. The vendor shall submitt a written request, to Pasquale Locane at the Purchase Bureau, 33 West State St., and PO Box 230, Trenton, NJ 08625. An original and one copy must be submitted. 2. The percentage discount off Microsoft pricing for the appropriate price line awarded must be extended to product updates. 3. All product updates must be approved in writing by the Division of Purchase and Property before being offered to any agencies. No request for substitution will be considered within 60 days of contract expiration. 3.2.1 Enrollment Each physical location which makes a purchase under the contract resulting from this RFP must be enrolled separately, i.e., department, bureau, school, local government entity, etc. The awarded LARs are responsible for providing a Select Site Enrollment form and assuring that a properly executed form is returned to the LARs and a copy supplied to Microsoft. Smaller (non-academic) agencies that are unable pledge to purchase 750 points over 3 years (a requirement of the Select enrollment) may request an amendment to waive that requirement in exchange for a waiver of the right to receive free CDs. Those agencies can purchase the CDs that they need separately using Line 0003. The awarded academic LARs must register smaller academic agencies that cannot pledge to purchase 750 points over 3 years. The awarded LARs will prepare and provide to the academic agency a report which includes the following: Purchase Date Buying Agency name, address and contact person Reseller Name, address and contact person Items purchased, including number of licenses, product number and product name. 3.2.2 Updates LARs are responsible for tracking the availability of product versions and advising customers of the current version available. LARs must
  10. 10. work with any entity making a purchase under this contract to determine which version they should be buying and the most cost effective approach to securing site licenses, media, and documentation. 3.2.3 Performance Standards All LARs will be responsible for problem management for any unplanned event and will call all parties who may be affected. LARs are responsible for maintaining contact (local contact is preferred) with procurement offices of major departments to educate head procurement officers on the correct way to purchase Microsoft products. There should be a contact for technical questions in addition to the dedicated contact for purchases. LARs hours of operation will be 8:00 AM to 5:00 PM Monday through Friday. 3.2.4 Reports All reports and information required under the Select Agreement shall be submitted to the State in the format specified by Microsoft. It is the responsibility of the LARs to use the correct Microsoft report. Awarded LARs will prepare a profile to the State of New Jersey detailing the "Microsoft Select Government and Academic Agreements". This document will be completed, delivered and reviewed with the procurement office of buying agencies on an as needed basis. This profile will include discount levels, most commonly purchased product price list (limit to most common 20 products), contacts for purchasing, special instructions, and other services such as media and documentation. The profile report is not to be a copy of the Microsoft Select price list; rather, it shall be a customized form, agreed to and approved by the State of New Jersey Purchase Bureau. Within fifteen (15) days after the end of each quarter, LARs shall provide to Microsoft and the State of New Jersey Purchase Bureau a single report itemizing the number of additional Microsoft licenses purchased by the State of New Jersey or members of Cooperative Purchasing during the month. The report shall be broken down by the State Department or Cooperative Purchasing entity and reference any changes to the listing of State Departments or Cooperative Purchasing authorities participating in the Select Agreement. For any month the State's use does not increase, the LARs shall provide to Microsoft and the State a single certified report confirming the total number of copies of software in use by the State during the month. LAR must report the most recent purchases by the Department/Agency, including Purchase Order Number, Quantity, Price, and Product with Description (not just product number). 3.2.5 Microsoft Price List LARs must supply with their bid a copy of the Microsoft Select Price List in effect April 1, 2003.
  11. 11. 3.2.6 Quotes Contractors will be required to provide contract users with a written quote showing each item being quoted, the manufacturer's suggested list price (MSLP), the percent discount, and the State's price. All quotes must be provided within three (3) business days from request. If an item has been added to the contract after the original bid submission, the vendor must provide contract users with a photocopy of both the letter of authorization from the Purchase Bureau verifying approval of the addition, and the vendor's letter requesting the addition and any attachments specifying the item(s) to be added. 4.0 Proposal Preparation and Submission 4.1 General The bidder must follow instructions contained in this RFP and in the bid cover sheet in preparing and submitting its bid proposal. The bidder is advised to thoroughly read and follow all instructions. The information required to be submitted in response to this RFP has been determined to be essential in the bid evaluation and contract award process. Any qualifying statements made by the bidder to the RFP's requirements could result in a determination that the bidder's proposal is materially non-responsive. The bidder is instructed to clearly identify any requirement of this RFP that the bidder cannot satisfy. 4.2 Proposal Delivery and Identification In order to be considered, a bid proposal must arrive at the Purchase Bureau in accordance with the instructions on the RFP cover sheet. Bidders submitting proposals are cautioned to allow adequate delivery time to ensure timely delivery of proposals. State regulation mandates that late proposals are ineligible for consideration. The exterior of all bid proposal packages must be labeled with the bid identification number, final bid opening date and the buyer's name. All of this information is set forth at the top of the RFP cover sheet. 4.3 Number of Bid Proposal Copies Each bidder MUST submit one (1) complete ORIGINAL bid proposal, clearly marked as the "ORIGINAL" bid proposal. Each bidder MUST submit four(4)full, complete and exact copies of the original and all attachments, technical literature, etc. The copies requested are necessary in the evaluation of your bid. Bidders failing to provide the required number of copies will be charged the cost incurred by the State in producing the required number of copies. It is suggested that the bidder make and retain a copy of its bid proposal. 4.4 Proposal Content The proposal should be submitted in one volume and that volume divided
  12. 12. into four (4) Sections as follows: 4.4.1 Section 1 – Forms 4.4.1.1 Ownership Disclosure Form In the event the bidder is a corporation or partnership, the bidder must complete the attached Ownership Disclosure Form. A completed Ownership Disclosure Form must be received prior to or accompanying the bid proposal. Failure to do so will preclude the award of a contract. 4.4.1.2 MacBride Principles Certification The bidder must complete the attached MacBride Principles Certification evidencing compliance with the MacBride Principles. Failure to do so may result in the award of the contract to another vendor. 4.4.1.3 Affirmative Action The bidder must complete the attached Affirmative Action Employee Information Report, or, in the alternative, supply either a New Jersey Affirmative Action Certificate or evidence that the bidder is operating under a Federally approved or sanctioned affirmative action program. The requirement is a precondition to entering into a valid and binding contract. 4.4.1.4 Set-Aside Contracts - "Not applicable to this Procurement" 4.4.1.5 Bid Bond "Not applicable to this Procurement" 4.4.2 Section 2 – Technical Proposal 4.4.2.1 Management Overview "Not applicable to this Procurement" 4.4.2.2 Potential Problems The bidder should set forth a summary of any and all problems that the bidder anticipates during the term of the contract. For each problem identified, the bidder should provide its proposed solution. 4.4.3 Section 3 - Organizational Support and Experience 4.4.3.1 Location The bidder should include the location of the bidder's office that will be responsible for managing the contract. The bidder should include the telephone number and name of the individual to contact. 4.4.3.2 Organization Chart (Contract Specific) "Not applicable to this Procurement" 4.4.3.3 Resumes "Not applicable to this Procurement" 4.4.3.4 Backup Staff "Not applicable to this Procurement"
  13. 13. 4.4.3.5 Organization Chart (Entire Firm)"Not applicable to this Procurement" 4.4.3.6 Experience of Bidder on Contracts of Similar Size and Scope The bidder should provide a comprehensive listing of contracts of similar size and scope that it has successfully completed, as evidence of the bidder's ability to successfully complete the requirements of this RFP. Emphasis should be placed on contracts that are similar in size and scope to the service and or products required by this RFP. 4.4.3.7 Financial Capability of the Bidder The bidder shall provide proof its financial capacity and capabilities to undertake and successfully complete the contract. A certified financial statement for the most recent fiscal year and a current bank reference(s) are acceptable. 4.4.3.8 Subcontractor(s)"Not applicable to this Procurement" 4.4.3.9 Certification/Authorization If you are submitting a bid proposal as a dealer/distributor, you are required to submit a letter of authorization from the manufacturer stating that you are an authorized dealer/distributor. 4.4.4 Section 4 - Cost Proposal The bidder must submit all requested pricing information. Failure to submit all requested pricing information may result in the bidder's proposal being considered materially non-responsive. Each bidder must hold its discounts firm through issuance of a contract. 5.0 Contractual Terms and Conditions 5.1 Precedence of Contractual Terms and Conditions The contract shall consist of this RFP, addendum to this RFP, the contractor's bid proposal as accepted by the State and the Division's Notice of Acceptance. Unless specifically noted within this RFP, the Standard Terms and Conditions take precedence over the Special Terms and Conditions. In the event of a conflict between the provisions of this RFP, including the Standard Terms and Conditions and the Special Terms and Conditions, and any addendum to the RFP, the addendum shall govern. In the event of a conflict between the provisions of this RFP, including any addendum to this RFP, and the bidder's proposal, the RFP and/or the addendum shall govern. 5.2 Performance Bond "Not applicable to this Procurement" 5.3 Business Registration See Standard Terms and Conditions, Section 1.1.
  14. 14. 5.4 Contract Term and Extension Option The term of the contract shall be for a period of three (3) years. The anticipated "Contract Effective Date" is provided on the cover sheet of this RFP. If delays in the bid process result in an adjustment of the anticipated Contract Effective Date, the bidder agrees to accept a contract for the full term of the contract. The contract may be extended for one(1)or more periods of all or part of one(1)year with the aggreate time period of all combined extensions not to exceed two(2)years. 5.5 Contract Transition In the event services end by either contract expiration or termination, it shall be incumbent upon the contractor to continue services, if requested by the Director, until new services can be completed operational. The contractor acknowledges its responsibility to cooperate fully with the replacement contractor and the State to ensure a smooth and timely transition to the replacement contractor. Such transitional period shall not extend more than one hundred and twenty (120) days beyond the expiration date of the contract, or any extensions thereof. The contractor will be reimbursed for services during the transitional period at the rate in effect when the transitional period clause is invoked by the State. 5.6 Availability of Funds The State's obligation to pay the contractor is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the State for payment of any money shall arise unless funds are made available each fiscal year to the Using Agency by the Legislature. 5.7 Contract Amendment Any changes or modifications to the terms of the contract shall only be valid when they have been reduced to writing and executed by the contractor and the Director. 5.8 Contractor Responsibilities The contractor shall have sole responsibility for the complete effort specified in the contract. Payment will be made only to the contractor. 5.9 Substitution or Addition of Subcontractor(s) "Not applicable to this Procurement" 5.10 News Releases The contractor is not permitted to issue news releases pertaining to any aspect of the services being provided under this contract without the prior written consent of the Director. 5.11 Advertising
  15. 15. The contractor shall not use the State's name, logos, images, or any data or results arising from this contract as a part of any commercial advertising without first obtaining the prior written consent of the Director. 5.12 Claims and Remedies 5.12.1 Claims All claims asserted against the State by the contractor shall be subject to the New Jersey Tort Claims Act, N.J.S.A. 59:1-1, et seq., and/or the New Jersey Contractual Liability Act, N.J.S.A. 59:13-1, et seq. 5.12.2 Remedies Nothing in the contract shall be construed to be a waiver by the State of any warranty, expressed or implied, or any remedy at law or equity, except as specifically and expressly stated in a writing executed by the Director. 5.13 Late Delivery The contractor must immediately advise the State Contract Manager of any circumstance or event that could result in late delivery of the product. Notification must also be provided to the Director at the address below: The State of New Jersey Director, Division of Purchase and Property Purchase Bureau PO Box 230 33 West State St. Trenton, New Jersey 08625-0230 5.14 Form of Compensation and Payment This Section supplements Section 4.5 of the RFP'S Standard Terms and Conditions. The contractor must submit official State invoice forms to the Using Agency with supporting documentation evidencing that work for which payment is sought has been satisfactorily completed. Invoices must reference the tasks or subtasks detailed in the Scope of Work section of the RFP and must be in strict accordance with the firm, fixed prices submitted for each task or subtask on the RFP pricing sheets. When applicable, invoices should reference the appropriate RFP price sheet line number from the contractor's bid proposal. All invoices must be approved by the State Contract Manager before payment will be authorized. Payment to Contractor - Optional Method The State of New Jersey now offers State contractors the opportunity to be paid through the VISA procurement card (p-card). A contractor's acceptance and a State agency's use of the p-card, however, is optional.
  16. 16. P-card transactions do not require the submission of either a contractor invoice or a State payment voucher. Purchasing transactions using the p-card will usually result in payment to a contractor in three days. A contractor should take note that there will be a transaction- processing fee for each p-card transaction. To participate, a contractor must be capable of accepting the VISA card. Additional information can be obtained from banks or merchant service ompanies. 5.15 Year 2000 "Not Applicable to this Procurement" 5.16 Contract Activity Report In conjunction with the standard record keeping requirements of this contract, as listed in paragraph 3.19 of this RFP'S standard terms and conditions, contractor(s) must provide, on a calendar yearly basis, to the Purchase Bureau buyer assigned, a record of all purchases made under their contract award resulting from this Request for Proposal. This includes purchases made by all using agencies including the State and political sub-divisions thereof. This reporting requirement includes sales to State using agencies and, if permitted under the terms of the contract, sales to counties, municipalities, school districts, volunteer fire departments, first aid squads and rescue squads, and independent institutions of higher education. The requirement also includes sales to State and County Colleges and Quasi-State Agencies. Quasi-State Agencies include any agency, commission, board, authority or other such governmental entity which is established and is allocated to a State department or any bi-state governmental entity of which the State of New Jersey is an member. This information must be provided in a tabular format such that an analysis can be made to determine the following: -Contractor's total sales volume under contract, subtotaled by product. -Contractor's total sales volume to each purchaser under the contract, subtotaled by product, including, if applicable, catalog number and description, price list with appropriate page reference and/or contract discount applied Submission of purchase orders, confirmations, and/or invoices do not fulfil this contract requirement for information. Contractors are strongly encouraged to submit the required information in electronic spreadsheet format. The Purchase Bureau uses Microsoft Excel. Failure to report this mandated information will be a factor in future award decisions. 6.0 Proposal Evaluation/Contract Award 6.1 Proposal Evaluation Committee Proposals may be evaluated by an Evaluation Committee composed of members of affected departments and agencies together with
  17. 17. representative(s) from the Purchase Bureau. Representatives from other governmental agencies may also serve on the Evaluation Committee. On occasion, the Evaluation Committee may choose to make use of the expertise of outside consultant in an advisory role. 6.2 Oral Presentation and/or Clarification of Proposal "Not Applicable to this Procurement" 6.3 Evaluation Criteria The following evaluation criteria categories, not necessarily listed in order of significance, will be used to evaluate bid proposals received in response to this RFP. The evaluation criteria categories may be used to develop more detailed evaluation criteria to be used in the evaluation process: 6.3.1 The bidder's general approach and plans in meeting the requirements of this RFP. 6.3.2 Responsiveness to the RFP terms and conditions and specifications. 6.3.3 The bidder's documented experience in successfully completing contracts of a similar size and scope to those required by this RFP. 6.3.4 The bidder's Cost Proposal 6.4 Contract Award Contracts shall be awarded with reasonable promptness by written notice to responsible bidders whose bids, conforming to the invitation for bids, will be most advantageous to the State, price and other factors considered. Any or all bids may be rejected when the State Treasurer or the Director of the Division of Purchase and Property determines that it is in the public interest so to do. 6.4.1 Government One primary and one secondary award will be made for price lines (1-5) to the bidders providing the greatest weighted discount off the Microsoft Select Government prices based on the following breakdown of anticipated purchases: Line 00001 Governmrnt Select License with Software Assurance 40% Line 00002 Government Select License without Software Assurance 30% Line 00003 Government Select Master CD 2.5% Line 00004 Government Microsoft Press Documentation 2.5% Line 00005 Government Select Software Assurance (on current product) 25% There will be no partial awards to bidders who do not bid all price lines (1-5)and extend their discounts for all products covered by the Microsoft Select Government Program. 6.4.2 Academic One primary and one secondary award will be made for price lines
  18. 18. (6-10) to the bidders providing the greatest weighted discount off the Microsoft Select Academic prices based on the following breakdown of anticipated purchases: Line 00006 Academic Select License with Software Assurance 30% Line 00007 Academic Select License without Software Assurance 35% Line 00008 Academic Select Software Assurance (on current product) 30% Line 00009 Academic Select CDs 2.5% Line 00010 Academic Microsoft Press Documentation 2.5% There will be no partial awards to bidders who do not bid all price lines (6-10) and extend their discounts for all products covered by the Microsoft Select Academic Program. 7.0 Bidder Data Sheets "Not applicable to this Procurement" 8.0 Price Sheet(s) and Supporting Detail Attach the Microsoft price list effective April 1, 2003. 9.0 Exhibits/Attachments Exhibit A: Microsoft Select Government Agreement with Admendment. Exhibit B: Microsoft Selest Academic Agreement with Admendment.

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