PROG ID: POCNBK3A STATE OF ALABAMA DATE: 12/21/07 DEPARTMENT OF FINANCE DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD PBX AND RELATED EQUIPMENT CONTRACT T-NUMBER....... : T306 USAGE.......... : STATEWIDE CONTRACT PERIOD......... : DECEMBER 20, 2007 TO DECEMBER 19, 2010 SOLICITATION NO : 2168776 CONTRACT BUYER...... : PAT ANTLE BUYER PHONE.. : (334) 242-7253 PURCHASING NUMBER......... : (334) 242-7250 FAX NUMBER... : (334) 242-4419 DATE PRINTED. : 12/21/07 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.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ******************** PLEASE READ ********************* ANY AGENCY DESIRING TO USE THIS CONTRACT WILL NEED TO CONTACT THE CONTRACT REPRESENTATIVE, MR. RUSTY ASHMORE (334) 409-5901 FOR THE PROPER CONFIGURATION FOR PBX PARTS, REPAIRS, ADDS-MOVES-CHANGES TO SYSTEMS, HEARING IMPAIRED DEVICES, TDD DEVICES,WIRING & MAINTENANCE. MR. ASHMORE WILL FURNISH A CATALOG, IF REQUESTED, AND A BREAKDOWN OF PRICES FOR INDIVIDUAL ITEMS, LABOR CHARGES, ETC. THIS CONTRACT DOES NOT PROVIDE FOR NEW PBX SYSTEMS OR VOIP EQUIPMENT. IF YOU NEED ASSISTANCE FROM FINANCE TELECOMMUNICATIONS, YOU SHOULD CALL THE HELP DESK AT 334-242-2222. SOLICITATION NUMBER : 2168776 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 3 PURPOSE: ESTABLISH A CONTRACT FROM THE ITEMS LISTED FOR ALL STATE AGENCIES. CONTRACT PRICES ARE AVAILABLE TO ALL LOCAL GOVERNMENTAL AGENCIES AND SCHOOLS. PRIME CONTRACTOR RESPONSIBILITIES: THE VENDOR IS RESPONSIBLE FOR DELIVERY, INSTALLATION AND MAINTENANCE FOR ALL EQUIPMENT AND CONTRACTED SERVICES. VENDOR WILL BE THE SOLE POINT OF CONTACT FOR CONTRACTUAL MATTERS, PERFORMANCE OF SERVICES AND REMITTANCE. ITEMS BEING BID WHERE THE VENDOR IS NOT THE ORIGINAL EQUIPMENT MANUFACTURER MUST BE IDENTIFIED AND EXPLAINED IN THE BID. A GENERAL CONTRACTOR'S LICENSE IS REQUIRED FOR THIS CONTRACT. A COPY OF THE VENDOR'S GENERAL CONTRACTOR'S LICENSE MUST BE SUBMITTED WITH THE BID. CONTRACT PERIOD: THE PURPOSE OF THIS ITB IS TO ESTABLISH A 3 YEAR CONTRACT WITH AN OPTION TO ISSUE A FOURTH AND FIFTH 12 MONTH CONTRACT UNDER THE SAME PRICING, TERMS AND CONDITIONS. THE FOURTH OR FIFTH CONTRACT, IF RE- QUESTED BY THE STATE AND AGREED UPON BY THE VENDOR, WOULD BEGIN THE DAY AFTER THE FIRST OR SECOND CONTRACT EXPIRES. ANY SUCCESSIVE CON- TRACT MUST HAVE THE WRITTEN APPROVAL OF BOTH THE STATE AND THE VENDOR NO LATER THAN 30 DAYS PRIOR TO THE EXPIRATION OF THE PREVIOUS CON- TRACT. DEFAULT: WHEN A VENDOR DEFAULTS ON A CONTRACT/PURCHASE ORDER, THE STATE CAN PROCURE THE GOODS OR SERVICES FROM OTHER SOURCES AND HOLD THE VENDOR RESPONSIBLE FOR ANY EXCESS IN PRICE/HANDLING. THE VENDOR MAY BE BARRED FROM BIDDING FOR AN INDETERMINATE PERIOD. DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 4 DELIVERY TIME FRAME: THE EQUIPMENT MUST BE DELIVERED, PACKAGED APPROPRIATELY FOR SHIPMENT OF ELECTRONIC EQUIPMENT, AT THE EARLIEST DATE CONVENIENT TO THE STATE, SUBSEQUENT TO THE DATE SPECIFIED IN EACH PURCHASE ORDER. HOWEVER, IN NO INSTANCE SHALL VENDOR DELIVERY EXCEED SIXTY (60) DAYS AFTER RECEIPT OF PURCHASE ORDER. ALL ORDERS ARE TO BE SHIPPED FOB TO ANY DESTINATION IN ALABAMA, WITH INSIDE DELIVERY. ALL CONTAINERS MUST BEAR MARKINGS AND/OR A PACKING SLIP ON THE OUTSIDE OF THE CONTAINER SHOWING VENDOR'S NAME, QUANTITY, PURCHASE ORDER, AND ITEM CODE. DELIVERY: ITEMS ARE TO BE DELIVERED TO VARIOUS LOCATIONS THROUGHOUT THE 67 COUNTIES IN ALABAMA. THE EXACT LOCATIONS AND QUANTITIES WILL BE PROVIDED BY THE ORDERING AGENCY. DELIVERY TO BE F.O.B DESTINATION WITH INSIDE DELIVERY UNLESS OTHERWISE STATED. ANY FREIGHT CHARGES MUST BE INCLUDED IN THE BID PRICES. DELIVERY: THE VENDOR MUST MAINTAIN AN INVENTORY SUFFICIENT TO MAKE SHIPMENT ON ALL ORDERS WITHIN THE TIMEFRAME STATED IN THE SOLICITATION. ******************************* E-RATE ***************************** THE SCHOOLS AND LIBRARIES PROGRAM OF THE UNIVERSAL SERVICE FUND (E-RATE) MAKES DISCOUNTS AVAILABLE TO ELIGIBLE SCHOOLS AND LIBRARIES FOR TELECOMMUNICATION SERVICES, INTERNET ACCESS, AND INTERNAL CONNECTIONS. THE PROGRAM IS INTENDED TO ENSURE THAT SCHOOLS AND LIBRARIES HAVE ACCESS TO AFFORDABLE TELECOMMUNICATIONS AND INFORMATION SERVICES. THE SERVICES OF THIS RESULTING CONTRACT INCLUDE ELIGIBLE E-RATE SERVICES THAT E-RATE ELIGIBLE ENTITIES INCLUDING PUBLIC K-12 SCHOOLS AND LIBRARIES OF ALABAMA MAY CHOOSE TO PURCHASE. DETAILED INFORMATION ABOUT THE E-RATE PROGRAM CAN BE FOUND AT HTTP://WWW.USAC.ORG/SL/. IT IS A REQUIREMENT THAT THE AWARDED VENDOR WILL PROVIDE A SERVICE PROVIDER IDENTIFICATION NUMBER (SPIN) AND DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 5 MAINTAIN ELIGIBLE STATUS WITH THE UNIVERSAL SERVICE ADMINISTRATIVE COMPANY (USAC) AND THE FEDERAL COMMUNICATIONS COMMISSION (FCC) IN ORDER TO PARTICIPATE IN THE E-RATE PROGRAM. IN THE EVENT THAT AN E-RATE ELIGIBLE APPLICANT APPLIES FOR E-RATE ELIGIBLE SERVICES AND IS DENIED FUNDING BY USAC OR FCC THE VENDOR MUST AGREE THAT THE APPLICANT IS TO NOT BE HELD LIABLE FOR THE PURCHASE OF THE SERVICES THAT WERE TO BE ESTABLISHED AS A RESULT OF THE E-RATE APPLICATION. F.O.B. DESTINATION: F.O.B. DESTINATION IS THE LOCATION WHERE MERCHANDISE IS DELIVERED AND UNLOADED ON A RECEIVING DOCK, IF AVAILABLE, TO ANY STATE OR LOCAL GOVERNMENT AGENCY AND THE CHANGE OF TITLE TAKES PLACE. THE VENDOR IS LIABLE FOR FREIGHT CHARGES, RISK OF LOSS OR DAMAGE TO THE MERCHANDISE UP TO THE DESTINATION. LIABILITY INSURANCE: VENDOR MUST HAVE A MINIMUM OF $100,000.00 LIABILITY COVERAGE WITH $50,000.00 FOR EACH OCCURANCE AND MUST BE IN EFFECT FOR THE CONTRACT PERIOD. INSURANCE CERTIFICATE, OR LETTER OF INTENT TO PROVIDE THE AMOUNT OF COVERAGE FROM THE INSURANCE COMPANY MUST BE SUBMITTED WITH THE BID, OR THE BID WILL BE REJECTED. VENDOR IS RESPONSIBLE FOR ALL LOSSES/DAMAGES CAUSED BY ITS EMPLOYEES. INSURANCE CERTIFICATE, WHEN ISSUED, MUST SHOW THE STATE OF ALABAMA AS THE CERTIFCATE HOLDER. PRORATION: ANY PROVISION OF A CONTRACT RESULTING FROM THIS BID TO THE CONTRARY NOTWITHSTANDING, IN THE EVENT OF FAILURE OF THE STATE TO MAKE PAYMENT HEREUNDER AS A RESULT OF PARTIAL UNAVAILABILITY, AT THE TIME SUCH PAYMENT IS DUE, OF SUCH SUFFICIENT REVENUES OF THE STATE TO MAKE SUCH PAYMENT (PRORATION OF APPROPRIATED FUNDS FOR THE STATE HAVING BEEN DECLARED BY THE GOVERNOR PURSUANT TO SECTION 41-4-90 OF THE CODE OF ALABAMA 197), THE CONTRACTOR SHALL HAVE THE OPTION, IN ADDITION TO THE OTHER REMEDIES OF THE CONTRACT, OF RENEGOTIATING THE CONTRACT (EXTEND- DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 6 ING OR CHANGING PAYMENT TERMS OR AMOUNTS) OR TERMINATING THE CONTRACT. PRICE DECREASES: THE BUYER SHALL BE NOTIFIED IMMMEDIATELY IF THERE ARE ANY PRICE DECREASES AFFECTING A STATE TERM CONTRACT. THE STATE SHALL RECEIVE THE BENEFIT OF THE DECREASE AS SOON AS POSSIBLE IN ACCORDANCE WITH THE WRITTEN NOTIFICATION FROM THE CONTRACT VENDOR. BIDDABLE SITUATION: BIDS MAY BE SOLICITED FOR ANY PRODUCT INCLUDED IN THIS CONTRACT WHERE AN IMMEDIATE/EMERGENCY NEED EXISTS, INCLUDING LARGE QUANTITIES. THE DECISION OF THE PURCHASING DIRECTOR AS TO WHAT CONSTITUTES A BIDDABLE SITUATION SHALL BE FINAL AND SHALL NOT BE CONSTRUED AS A BREACH OF CONTRACT. PROMOTIONAL OFFERINGS CONSISTING OF CONTRACT ITEMS WILL BE CONSIDERED AND ARE OFFERED AT A REDUCED PRICE FOR THE PROMOTIONAL PERIOD. A PROMOTIONAL OFFERING OF ITEMS NOT ON CONTRACT WILL BE CONSIDERED IF THE PRICE IS EQUAL TO OR LESS THAN THE SUM OF THE CONTRACT PRICES. THE STATE WILL NOT FILE FOR REBATES; THE VENDOR MUST OFFER AND BILL AT THE NET DISCOUNTED PRICE OF THE APPLICABLE OFFERING. VOLUME DISCOUNTS WILL BE ALLOWED WITH THE PROVISION THAT ANY PURCHASING ENTITY THAT PURCHASES THE EQUIVALENT VOLUME BE OFFERED THE SAME RATE OF DISCOUNT. DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD CONTRACT VENDORS PAGE: 7 CONTRACT VENDOR NUMBER CONTACT PERSON TERMS AND NUMBER NAME AND ADDRESS PHONE NUMBERS/FAX DELIVERY 4009925 621202425-01 GARY WILLIAMS NET BLACK BOX NETWORK SERV INC 615-890-3505-0000 45 DAYS ARO GOVT SOLUTIONS 800-678-7339 1010 HALEY RD MURFREESBORO TN 37129 615-890-3575 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD COMMODITY LISTING PAGE: 8 CONTRACT COMMODITY NUMBER UNIT PRICE VENDOR # TERMS NUMBER/LINE # COMMODITY DESCRIPTION MEASURE NAME 4009925 00001 725-57-067340 .00 % 621202425-01 NET EA BLACK BOX NETWORK SERV INC PBX COMMON EQUIPMENT, BASIC HARDWARE AND GOVT SOLUTIONS SOFTWARE IN ACCORDANCE WITH STATEWIDE CONTRACT T306: SEE BID 4009925 00002 725-57-067341 .00 % 621202425-01 NET EA BLACK BOX NETWORK SERV INC PBX STATION EQUIPMENT IN ACCORDANCE WITH GOVT SOLUTIONS STATEWIDE CONTRACT T306: 4009925 00003 725-57-067346 .00 % 621202425-01 NET EA BLACK BOX NETWORK SERV INC PBX TRUNK/LINE CARDS IN ACCORDANCE WITH GOVT SOLUTIONS STATEWIDE CONTRACT T306: 4009925 00004 725-57-067363 .00 % 621202425-01 NET EA BLACK BOX NETWORK SERV INC PBX CONSOLE IN ACCORDANCE WITH STATEWIDE GOVT SOLUTIONS CONTRACT T306: 4009925 00005 725-57-067364 .00 % 621202425-01 NET EA BLACK BOX NETWORK SERV INC PBX CABINETS/SHELVES IN ACCORDANCE WITH GOVT SOLUTIONS STATEWIDE CONTRACT T306: 4009925 00006 725-57-067342 .00 % 621202425-01 NET EA BLACK BOX NETWORK SERV INC PBX WIRING/CABLING/CONNECTORS IN GOVT SOLUTIONS ACCORDANCE WITH STATEWIDE CONTRACT T306: 4009925 00007 725-57-067366 .00 % 621202425-01 NET EA BLACK BOX NETWORK SERV INC DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD COMMODITY LISTING PAGE: 9 CONTRACT COMMODITY NUMBER UNIT PRICE VENDOR # TERMS NUMBER/LINE # COMMODITY DESCRIPTION MEASURE NAME PBX CUSTOMER ADMINISTRATION SYSTEM TO GOVT SOLUTIONS INCLUDE HARDWARE, SOFTWARE & ACCESSORIES IN ACCORDANCE WITH STATEWIDE CONTRACT T306: 4009925 00008 725-57-067352 .00 % 621202425-01 NET EA BLACK BOX NETWORK SERV INC DATA COMMUNICATIONS EQUIPMENT, PBX ONLY, GOVT SOLUTIONS IN ACCORDANCE WITH STATEWIDE CONTRACT T306: 4009925 00009 725-57-067353 .00 % 621202425-01 NET EA BLACK BOX NETWORK SERV INC UNINTERRUPTIBLE POWER SYSTEMS FOR PBX GOVT SOLUTIONS EQUIPMENT ONLY IN ACCORDANCE WITH CONTRACT T306: 4009925 00010 725-57-067355 .00 % 621202425-01 NET EA BLACK BOX NETWORK SERV INC PBX VOICE MAIL/SPEECH RESPONSE UNIT IN GOVT SOLUTIONS ACCORDANCE WITH STATEWIDE CONTRACT T306: 4009925 00011 725-57-067348 .00 % 621202425-01 NET EA BLACK BOX NETWORK SERV INC PBX TRAFFIC MEASUREMENT REPORTING IN GOVT SOLUTIONS ACCORDANCE WITH STATEWIDE CONTRACT T306: 4009925 00012 725-57-067357 .00 % 621202425-01 NET EA BLACK BOX NETWORK SERV INC PBX CALL DETAIL RECORDING EQUIPMENT, GOVT SOLUTIONS CALL ACCOUNTING AND ACCESSORIES IN ACCORDANCE WITH STATEWIDE CONTRACT T306: DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD COMMODITY LISTING PAGE: 10 CONTRACT COMMODITY NUMBER UNIT PRICE VENDOR # TERMS NUMBER/LINE # COMMODITY DESCRIPTION MEASURE NAME 4009925 00013 725-57-067360 .00 % 621202425-01 NET EA BLACK BOX NETWORK SERV INC PBX ADDITIONAL SWITCH SOFTWARE IN GOVT SOLUTIONS ACCORDANCE WITH STATEWIDE CONTRACT T306: 4009925 00014 725-57-067362 .00 % 621202425-01 NET EA BLACK BOX NETWORK SERV INC PBX EXPANSION MODULE IN ACCORDANCE WITH GOVT SOLUTIONS STATEWIDE CONTRACT T306: 4009925 00015 725-57-067367 .00 % 621202425-01 NET EA BLACK BOX NETWORK SERV INC PBX MISCELLANEOUS EQUIPMENT IN GOVT SOLUTIONS ACCORDANCE WITH STATEWIDE CONTRACT T306: 4009925 00016 725-99-067393 .00 % 621202425-01 NET HR BLACK BOX NETWORK SERV INC LABOR IN ACCORDANCE WITH STATEWIDE GOVT SOLUTIONS CONTRACT T306: 4009925 00017 725-57-067359 .00 % 621202425-01 NET EA BLACK BOX NETWORK SERV INC TELEPHONE SERVICE AND MAINTENANCE, PBX, GOVT SOLUTIONS IN ACCORDANCE WITH STATEWIDE CONTRACT T306 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 11 PAGES.