PROG ID: POCNBK3A STATE OF ALABAMA DATE: 10/10/07 DEPARTMENT OF FINANCE DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD MICROSOFT SELECT AGREEMENT CONTRACT T-NUMBER....... : T040 USAGE.......... : STATEWIDE CONTRACT PERIOD......... : OCTOBER 24, 2005 TO OCTOBER 31, 2008 SOLICITATION NO : 2160325 CONTRACT BUYER...... : JAERI ELLIS BUYER PHONE.. : (334) 242-7259 PURCHASING NUMBER......... : (334) 242-7250 FAX NUMBER... : (334) 242-4419 DATE PRINTED. : 10/10/07 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 2 FAMILIARIZE YOURSELF WITH THIS CONTRACT AND THE TERMS AND CONDITIONS REGARDING THE RESPONSIBILITIES OF THE STATE AND THE VENDORS. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IT IS THE RESPONSIBILITY OF THE ORDERING AGENCY TO MAKE SURE THAT * * ALL OF THE INFORMATION SUBMITTED ON THEIR REQUISITION IS CORRECT. * * ALWAYS BE SURE TO RECHECK YOUR COMMODITY NUMBERS. AS SOON AS YOUR * * PURCHASE ORDER ARRIVES, CHECK IT FOR ACCURACY. IF THERE ARE ANY * * DISCREPANCIES, PLEASE NOTIFY THE VENDOR FIRST, THEN CONTACT THE * * BUYER LISTED ON THE FRONT OF THIS CONTRACT AS SOON AS POSSIBLE. * * IN MOST INSTANCES, PROBLEMS CAN BE CORRECTED. * * * * COMPLAINTS MUST BE DOCUMENTED & SUBMITTED TO THE BUYER IN WRITING.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SOLICITATION NUMBER : 2160325 AWARD: THE AWARD SHALL BE MADE, ALL OR NONE, TO THE LOWEST RESPONSIBLE BIDDER MEETING ALL SPECIFICATIONS. MICROCOMPUTER SOFTWARE REV 10/07/94 ADMINISTRATIVE AND CONTRACTUAL INFORMATION DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 3 I.1 OBJECTIVE: ESTABLISH A CONTRACT FOR THE STATE OF ALABAMA, AND ALL POLITICAL SUBDIVISIONS TO PURCHASE MICROSOFT SOFTWARE UTILIZING SELECT AND ENTERPRISE AGREEMENTS. QUARTERLY REPORTS ON THE SELECT AND ENTERPRISE AGREEMENT MUST BE PROVIDED TO ISD. ADDITIONAL REPORTS MUST BE PROVIDED AT ANY OTHER TIME AS REQUESTED BY ISD. VENDORS RESPONDING TO THIS BID MUST QUALIFY AS LARGE ACCOUNT RESELLERS (LAR) AND IF AWARDED, MUST MAINTAIN THIS STATUS FOR THE LENGTH OF THE CONTRACT. LOSS OF LAR STATUS WILL BE CONSIDERED A VIOLATION OF THE TERMS OF THIS CONTRACT AND THE CONTRACT WILL BE CANCELED. I.2 SOFTWARE FORMAT: ALL SOFTWARE PRODUCTS ARE TO BE WINDOWS BASED UNLESS OTHERWISE NOTED. PRICING TO PURCHASE OPTIONAL DOCUMENTATION AND MEDIA MUST BE INCLUDED IN THIS BID. I.3 RESPONSE SUBMISSIONS: VENDOR SHOULD SUBMIT A MINIMUM OF THREE (3) COPIES OF THE BID RESPONSE AND THREE (3) COPIES OF THEIR COMPLETE CATALOG/LIST IN ADDITION TO ALL OTHER REQUESTED INFORMATION. I.4 SECURITY STATEMENT: SOME DATA ELEMENTS AND LICENSED SOFTWARE USED IN THE STATE AGENCIES ARE OF A HIGHLY RESTRICTED NATURE. THE VENDOR SHALL ENSURE THAT ALL PERSONNEL INVOLVED WITH INSTALLATION OF SOFTWARE ON ANY STATE PROJECT SHALL BE ADVISED, AND ACKNOWLEDGE IN WRITING, OF THE CONFIDENTIAL NATURE OF THE INFORMATION CONTAINED IN THE STATE FILES, THE SAFEGUARDS REQUIRED, AND CRIMINAL AND CIVIL SANCTIONS OF NON-COMPLIANCE IN FEDERAL AND STATE STATUTES. ANY SOFTWARE OR FILE DATA IN THE CUSTODY OF THE VENDOR MUST BE STORED IN AN AREA THAT IS PHYSICALLY SAFE FROM ACCESS OR DESTRUCTION BY ANY UNAUTHORIZED PERSON(S). I.5 USE WARRANTY: THE VENDOR WARRANTS THE SOFTWARE SHALL BE NEW, UNOPENED, AND INCLUDE THE ORIGINAL MANUFACTURER'S WARRANTY. VENDOR SHALL, AT ITS EXPENSE, CORRECT OR REPLACE DEFECTIVE SOFTWARE TO THE SATISFACTION OF THE STATE. VENDOR MUST PROVIDE, UPON REQUEST, EVALUATION COPIES OF SOFTWARE AT NO CHARGE TO THE STATE WITHIN THREE DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 4 WORK DAYS. SOFTWARE WILL BE RETURNED TO THE VENDOR AFTER EVALUATION. I.6 INQUIRIES: ANY QUESTIONS CONCERNING TECHNICAL DATA SHOULD BE DIRECTED IN WRITING TO: ROBERT WHATLEY DEPT. OF FINANCE ISD 64 N. UNION ST. SUITE 250 MONTGOMERY, AL 36104. EMAIL: ROBET.WHATLEY@ISD.ALABAMA.GOV FAX: (334) 242-2545 I.7 REFERENCES: VENDOR SHOULD PROVIDE A LISTING OF MAJOR ACCOUNTS CURRENTLY UTILIZING THEIR SERVICES AS A LAR MANAGING SELECT AND ENTERPRISE AGREEMENTS. INCLUDE ACCOUNT, CONTACT NAME, PHONE NUMBER, AND ADDRESS. A MINIMUM OF ONE REFERENCE MUST BE A STATE OR LOCAL GOVERNMENT ACCOUNT. I.8 TECHNICAL ASSISTANCE/SUPPORT: VENDOR MUST PROVIDE A SPECIFIED ACCOUNT REPRESENTATIVE WITH A TOLL FREE NUMBER AND E-MAIL ADDRESS AVAILABLE MONDAY THRU FRIDAY 8:00 AM TO 5:00 PM CENTRAL TIME. THIS REPRESENTATIVE MUST BE AVAILABLE ON SITE TO ANY ALABAMA LOCATION WITHIN 2 BUSINESS DAYS IF DEEMED NECESSARY BY ISD OR STATE PURCHASING. THIS REPRESENTATIVE WILL BE THE SOLE POINT OF CONTACT REGARDING CONTRACT ISSUES. VENDOR MUST ALSO PROVIDE ONE MICROSOFT SALES CERTIFIED STAFF MEMBER AVAILABLE AS STATED ABOVE. VENDOR MUST PROVIDE ADDITIONAL MICROSOFT SALES CERTIFIED STAFF IF DEEMED NECESSARY BY ISD AND PURCHASING. VENDOR WILL BE NOTIFIED IN WRITING AND MUST HAVE ADDITIONAL STAFF AVAILABLE WITHIN 2 WEEKS. VENDOR MUST RESPOND WITHIN 1 BUSINESS DAY TO ALL REQUESTS FOR ASSISTANCE. VENDOR WILL ACT AS "AGENT OF RECORD" DURING THE TERM OF THE CONTRACT AND WILL MAINTAIN AND UPDATE LICENSING RECORDS OF EACH AGENCY THAT PURCHASES FROM THIS CONTRACT. IF AN ENROLLMENT FORM IS REQUIRED BY MICROSOFT, THE VENDOR WILL BE RESPONSIBLE FOR CONTACTING THE AGENCY AND HAVING THE AGENCY COMPLETE THE ENROLLMENT FORM. THE AGENCY WILL DESIGNATE A LIAISON TO MAINTAIN RECORDS AND INFORM THE AGENT OF RECORD OF ANY CHANGES. DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 5 I.9 VENDOR WILL BE REQUIRED TO PROVIDE THE STATE WITH A COMPLETE CATALOG OF SOFTWARE SHOWING THE STATE'S DISCOUNTED COST VIA A SECURE WEB SITE WITHIN 15 WORKING DAYS OF CONTRACT AWARD. THE INFORMATION AT THIS WEB SITE MUST BE IDENTIFIED AS THE STATE OF ALABAMA MICROSOFT CONTRACT WEB SITE AND INCLUDE THE CONTRACT NUMBER. INFORMATION REGARDING THE ACCOUNT AND SALES REPRESENTATIVES, INCLUDING NAMES AND CONTACT INFORMATION MUST ALSO BE PROVIDED. THE INFORMATION AT THIS WEB SITE MUST BE MAINTAINED UP TO DATE AND ACCURATE FOR THE DURATION OF THE CONTRACT AND PROVIDE "REAL-TIME" UNIT COUNT VERIFICATION. VENDOR MUST PROVIDE IMMEDIATE LICENSING CONFIRMATIONS IF REQUESTED. THE WEB SITE MUST BE CAPABLE OF PRODUCING A PRINTED QUOTE FOR USE IN ISSUANCE OF PURCHASE ORDERS. I.10 PRODUCT OFFERINGS: IF A PROMOTIONAL PACKAGE OF CONTRACT ITEMS IS OFFERED, THE VENDOR SHOULD IMMEDIATELY PRESENT IT TO THE STATE FOR CONSIDERATION. A PROMOTIONAL OFFERING WHICH INCLUDES SOFTWARE ITEMS NOT ON THE CONTRACT WILL BE CONSIDERED IF THE PRICE IS EQUAL OR LESS THAN THE SUM OF THE CONTRACT ITEMS PRICES. PRODUCT PROMOTIONAL PACK- AGES MAY BE CONSIDERED IF THE PACKAGE CONTAINS ITEMS ONLY ON CONTRACT AND ARE OFFERED AT A REDUCED PRICE. THE STATE WILL NOT FILE FOR REBATE(S), THEREFORE, THE VENDOR MUST OFFER AND BILL THE STATE AT THE NET DISCOUNTED PRICE OF THE APPLICABLE OFFERING. NEW PRODUCTS TO ANY ITEM AWARDED UNDER THE CONTRACT WILL BE ADDED TO THE CONTRACT ONLY IF VENDOR FOLLOWS THE GUIDELINES DETAILED IN PARAGRAPH I.11. I.11 ADDITIONS TO CONTRACT: THE STATE MAY, SUBSEQUENT TO THE AWARD OF THE CONTRACT, ALLOW THE ADDITION OF ANY NEW PRODUCTS RELEASES. ADDITIONS MAY BE MADE BY WRITTEN NOTIFICATION TO ISD AND DIVISION OF PURCHASING AND/OR BY SUBMISSION OF UPDATED CATALOG. VENDOR IS RESPON- SIBLE FOR THE ISSUANCE OF ANY NEW PRODUCT INFORMATION THAT MAY BECOME AVAILABLE DURING THE CONTRACT PERIOD. ** ISD AND PURCHASING MUST BE NOTIFIED OF NEW PRODUCTS TO BE ADDED ** DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 6 I.12 INSTALLATION: VENDOR SHOULD INCLUDE POLICY, AVAILABILITY, PRICING AND CRITERIA FOR PROVIDING INSTALLATION OF SOFTWARE. INCLUDE THIS INFORMATION WITH THE BID RESPONSE. I.13 UPGRADE SERVICE: VENDOR MUST PROVIDE THEIR PROCEDURE FOR UPGRADE OF ALL SOFTWARE. I.14 ADDITIONAL INFORMATION: VENDOR SHOULD INCLUDE ANY ADDITIONAL INFORMATION THAT IS BELIEVED TO BE PERTINENT BUT NOT EXPLICITLY ASKED FOR ELSEWHERE IN THE ITB. FREIGHT TERMS: ALL ORDERS SHALL BE F.O.B. DESTINATION TO ANY POINT IN ALABAMA. ITEMS WILL BE DELIVERED TO THE OFFICE OF THE ORDERING AGENCY LISTED ON THE PURCHASE ORDER WITH ALL FREIGHT CHARGES PAID BY THE VENDOR. DOCK DELIVERIES ARE NOT ACCEPTABLE. CONTRACT PERIOD: ESTABLISH A 12 MONTH CONTRACT WITH AN OPTION TO EXTEND FOR A SECOND, AND THIRD 12 MONTH PERIOD WITH THE SAME PRICING, TERMS AND CONDITIONS. THE SECOND AND THIRD 12 MONTH PERIOD, IF AGREED BY BOTH PARTIES, WOULD BEGIN THE DAY AFTER THE FIRST OR SECOND 12 MONTH PERIOD EXPIRES. ANY SUCCESSIVE EXTENSION MUST HAVE WRITTEN APPROVAL OF BOTH THE STATE AND VENDOR NO LATER THAN 30 DAYS PRIOR TO EXPIRATION OF THE PREVIOUS 12 MONTH PERIOD. REQUESTED INFORMATION: ANY ADDITIONAL INFORMATION REQUESTED FROM A VENDOR MUST BE FURNISHED WITHIN FIVE (5) DAYS FROM RECEIPT OF REQUEST. DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 7 VENDOR QUALIFICATION: IF REQUESTED, VENDOR MUST PROVIDE DOCUMENTATION OF BEING AN AUTHORIZED LARGE ACCOUNT RESELLER FOR MICROSOFT PRODUCTS. FAILURE TO PROVIDE THIS INFORMATION WILL RESULT IN REJECTION OF BID. DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD CONTRACT VENDORS PAGE: 8 CONTRACT VENDOR NUMBER CONTACT PERSON TERMS AND NUMBER NAME AND ADDRESS PHONE NUMBERS/FAX DELIVERY 4008934 223009648-00 ALABAMA GOV TEAM NET SOFTWARE HOUSE INTERNATIONAL 5 DAYS ARO 800-210-9629 ATTN ALABAMA TEAM 2 RIVERVIEW DRIVE SOMERSERT NJ 08873 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD COMMODITY LISTING PAGE: 9 CONTRACT COMMODITY NUMBER UNIT PRICE VENDOR # TERMS NUMBER/LINE # COMMODITY DESCRIPTION MEASURE NAME 4008934 00001 205-56-048934 -20.72 % 223009648-00 NET EA SOFTWARE HOUSE INTERNATIONAL MICROSOFT SELECT AGREEMENT: DISCOUNT OFF SELECT 6.1 LEVEL "D" ERP 4008934 00002 205-56-050366 -20.72 % 223009648-00 NET EA SOFTWARE HOUSE INTERNATIONAL MICROSOFT ENTERPRISE AGREEMENT DISCOUNT FROM SUGGESTED ERP BASED ON ENTERPRISE AGEEEMENT LEVEL "D" CONTACT ALABAMA GOV TEAM AT (800) 210-9629 OR ALABAMATEAM@SHI.COM DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IF YOU NEED ASSISTANCE CONCERNING THIS CONTRACT, PLEASE CONTACT THE BUYER LISTED ON THE COVER PAGE. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * THIS CONTRACT CONTAINS 10 PAGES.