The State of New Mexico

STATE PURCHASING AGENT

On behalf of the

the

**STATE OF NEW MEXICO**

![](media/image1.png){width="3.986111111111111in"
height="1.5138888888888888in"}

and the

## ![](media/image2.png){width="3.8541666666666665in" height="3.1770833333333335in"}

## 

## REQUEST FOR PROPOSALS

**COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES**

# RFP \# 40-00016

# 

ISSUED: October 3, 2003

[TABLE OF CONTENTS]{.underline}

#####  Page No.

I. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSALS 4

B. SUMMARY SCOPE OF WORK 4

C. SCOPE OF PROCUREMENT 5

D. PROCUREMENT MANAGER 5

E. DEFINITION OF TERMINOLOGY 5

F. BACKGROUND INFORMATION 11

G. PROCUREMENT LIBRARY 12

II\. CONDITIONS GOVERNING THE PROCUREMENT

A. SEQUENCE OF EVENTS 13

B. EXPLANATION OF EVENTS 14

1\. Issue of RFP

2\. Pre-Proposal Conference

3\. Distribution List Response

4\. Deadline to Submit Additional Questions

5\. Response to Written Questions/RFP Amendments

6\. Submission of Proposal

7\. Demonstration Agenda

8\. Proposal Evaluation

9\. Selection of Finalists

10\. Best and Final Offers from Finalists

11\. Oral Presentation/Demonstration by Finalists

12\. Contract Negotiations

13\. Contract Award

14\. Protest Deadline

C. GENERAL REQUIREMENTS 19

III\. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES 25

B. NUMBER OF COPIES 25

C. PROPOSAL FORMAT 25

IV\. SPECIFICATIONS

A. INFORMATION 27

B. SPECIFICATIONS 27

V. EVALUATION

A. EVALUATION POINT TABLE/SUMMARY 36

B. EVALUATION FACTORS 36

C. EVALUATION PROCESS 41

###### APPENDICES:

A. Acknowledgement of Receipt Form 42

B. Price Agreement Terms and Conditions 44

C. Pricing Configuration Forms 68

D. Mandatory Requirements
Checklist...............................................74

A. [PURPOSE OF THIS REQUEST FOR PROPOSALS]{.underline}

The New Mexico State Purchasing Agency (NMSPA) is requesting proposals
from computer equipment Manufacturers on behalf of the State of New
Mexico, the National Association of State Procurement Officials (NASPO)
and the Western States Contracting Alliance (WSCA). The purpose of this
Request for Proposals (RFP) is to establish Master Price Agreements on a
competitive basis with qualified computer Equipment Manufacturers who
shall supply servers and other computer Equipment as well as General
Purpose Software, LAN hardware, Peripherals, maintenance and support
Services to authorized purchasers nationwide. Peripheral, LAN and/or
hardware component manufacturers are excluded from this solicitation as
well as all computer Equipment, Peripheral, LAN hardware and Software
resellers.

To qualify for this solicitation Offerors must, at a minimum,
manufacture a computer server as specified in Section IV, Paragraph B2a.
In addition, Offerors must propose an Equipment Takeback program as
specified in Section IV, Paragraph B14. Please note: The Master Price
Agreement shall not be implemented until the Contractor's approved
Takeback program is ready for operation.

> The primary objective is to establish permissive Master Price
> Agreements with Contractors who are able to provide an entire catalog
> of Products so that Purchasing Entities may order a broad range of
> Product as appropriate for their needs. This solicitation is focused
> on the enterprise as opposed to the desktop.
>
> The second objective is to obtain greater volume-based price discounts
> resulting from the administrative savings that the Contractor(s) will
> accrue from the maintenance of a single, comprehensive Master Price
> Agreement for multiple governmental jurisdictions.
>
> All NASPO members in good standing may use the resulting Master Price
> Agreements. In addition, the WSCA directors may authorize education,
> state and local governmental entities throughout the nation the use of
> the Master Price Agreements subject to approval of the local state
> purchasing director and local statutory provisions.
>
> This procurement will result in a **LIMITED** multiple source award.

B. [SUMMARY SCOPE OF WORK]{.underline}

The selected Contractors and their approved Reseller Agents shall accept
purchase orders from and deliver Products and Services to authorized
Purchasing Entities. Reseller Agent participation is governed by the
local State Procurement Official. Contractors are required to provide
warranty and maintenance services on Equipment that is purchased.
Contractors shall offer an Equipment Takeback service that may include
Peripherals and LAN hardware.

Optionally, Contractors may provide General Purpose Software and
additional Services.

C. [SCOPE OF PROCUREMENT]{.underline}

The Master Price Agreements shall become effective on or about February
13, 2004 for a term of three (3) calendar years. The NMSPA reserves the
option of extending the agreements on an annual basis for three (3)
additional one-year terms or portions thereof.

The scope of procurement includes a wide range of Manufacturer supplied
computing Equipment, including LAN hardware and software, Peripherals,
General Purpose Software, and Services. Contractors shall not provide
any form of application development services or general consulting
professional services under the terms and conditions of the Master Price
Agreement. Educational offerings including special purpose educational
software and hardware configurations are included. All other forms of
application specific software programs or suites of programs are
excluded.

D. [PROCUREMENT MANAGER]{.underline}

> The NMSPA has designated a Procurement Manager who is responsible for
> the conduct of this procurement whose name, address and telephone
> number are listed below.

### Terry S. Davenport

### Purchasing Division

### P. O. Drawer 26110

## Santa Fe, New Mexico 87502-0110

Phone: (505) 827-0493

##### Fax: (505) 827-2484

**Terry.Davenport@state.nm.us**

All deliveries via express carrier should be addressed as fol­lows:

### Terry S. Davenport

### Purchasing Division

##### Joseph M Montoya Building, Room 2016

### 1100 St. Francis Drive

### Santa Fe, New Mexico 87505

> Any inquiries or requests regarding this procurement should be
> submitted to the Procurement Manager in writing. Offerors may contact
> ONLY the Procurement Manager regarding the procure­ment. Other state
> employees do not have the authority to respond on behalf of the NMSPA.

E. [DEFINITION OF TERMINOLOGY]{.underline}

This section contains definitions that are used throughout this request
for proposals document, including appropriate abbrevia­tions.

 

"**Contract**" means an agreement for the procurement of items of
tangible personal property or services.

"**Contractor**" shall mean successful Offeror who enters into a binding
master price agreement.

> "**Consumables"** that are required for the operation of Equipment
> offered or supplied are included \-- printer cartridges, batteries,
> projector bulbs, etc. Consumables such as magnetic media, paper and
> generally available office supplies are excluded.

"**Determination**" means the written documentation of a decision of a
procurement manager including findings of fact to support a decision. A
determination becomes part of the procure­ment file to which it pertains.

"**Desirable**" The terms "may" and "should" identifies a desirable or
discretion­ary item or factor.

"**E-Rate**" is a programs sponsored by the Federal Communications
Commission whereby educational and other qualifying institutions may
purchase authorized technology at reduced prices.

"**Energy Star**®" is a voluntary energy efficiency program sponsored by
the U.S. Environmental Protection Agency.  The Energy Star program makes
identification of energy efficient computers easy by labeling products
that deliver the same or better performance as comparable models while
using less energy and saving money. Energy Star qualified computers and
monitors automatically power down to 15 watts or less when not in use
and may actually last longer than conventional products because they
spend a large portion of time in a low-power sleep mode. For additional
information on the Energy Star program including product specifications
and a list of qualifying products, visit the Energy Star website at
[http://www.energystar.gov](http://www.energystar.gov/).

 

> "**Equipment**" means servers, workstations, desktop, laptop and
> handheld computing hardware including upgrade components such as
> memory, storage drives and spare parts.

"**Evaluation Committee**" means a body appointed by the NMSPA to
perform the evaluation of Offeror proposals.

> "**Evaluation Committee Report**" means a report prepared by the
> Procurement Manager and the Evaluation Committee for submis­sion to the
> NMSPA for Master Price Agreement award that contains all written
> determinations resulting from the conduct of a procure­ment requiring
> the evaluation of competi­tive sealed proposals.

"**Finalist**" is defined as an Offeror who meets all the mandato­ry
specifications of the Request for Proposal and whose score on evaluation
factors is sufficiently high enough to qualify that Offeror for further
consideration by the Evaluation Committee.

> "**General Purpose**" includes the following classes of software:
> operating systems, report generators, spreadsheets, text and test
> processing, workgroup management, database, project management,
> messaging and electronic mail, graphics construction and presentation,
> publishing, data communications, virus protection, security,
> statistical and/or analysis, imaging, compilers and interrupters,
> utilities, programmer productivity and web site enabling tools.
> Adaptive/Assistive technology software is included as well as
> educational software designed for K-12 or university usage is
> included.

"**Intent to Participate**" means the form executed by a State
Procurement Official that describes the cooperative procurement and
signifies the State's willingness to enter into the cooperative
procurement. For this solicitation Participating Entities shall complete
a Participating Addendum.

> "**ISO 14001**" is the conformance standard within the family of ISO
> 14000 documents developed by the International Organization for
> Standardization (ISO), in Geneva, Switzerland. Similar in structure to
> the ISO 9000 quality management system standard, ISO 14001 outlines
> key requirements companies should comply with in order to operate in
> an environmentally responsible manner.   Utilizing ISO 14001,
> companies can merge environmental programs into one coherent system to
> efficiently manage all environmental activities.  In short, ISO 14001
> provides organizations with a way to demonstrate to their customers
> that their environmental processes and impact is effectively managed,
> continually improving, and part of the corporate management system.
> For more information please refer to [www.iso.org.]{.underline}
>
> "**Lead State**" means the State conducting this cooperative
> solicitation and centrally
>
> administering any resulting master price agreement(s). For this
> solicitation, the Lead State is New Mexico
>
> "**Local-Area-Network**" ("**LAN**") refers to a high-speed, low-error
> data network covering a relatively small geographic area. LANs connect
> workstations, peripherals, terminals and other devices in a single
> building or other geographically limited area. Wireless transmission
> components and security devises are included. Cable and components
> required for the installation and operation of a LAN are included if
> installation services are purchased. LAN hardware and software may be
> manufactured by a third party. Public data, voice or video transport
> services are excluded as well as hardware and software required to
> support a WAN.

"**Mandatory**" The terms "must" and "shall" identify a mandatory item
or factor. Failure to meet a mandatory item or factor will result in the
rejection of the Offeror's proposal.

"**Manufacturer**" means the company that designs, assembles and markets
computer Equipment including servers, workstations, desktop, laptop
and/or handheld computers. The manufacturer's name(s) shall appear on
the computer hardware. The manufacturer shall provide the warranty
service and maintenance for its computer hardware as well as a takeback
service.

"**Master Price Agreement**" mean an NMSPA approved Price Agreement that
contains the foundation terms and conditions for the acquisition of
Contractor's Products and/or Services by Purchasing Entities that
execute a Participating Addendum.

"**NASPO"** means the National Association of State Procurement
Officials

"**New Mexico State Purchasing Agent**" or "**NMSPA**" means the
purchasing agent for the State of New Mexico or a designated
representative.

> "**Offer**" or "**Bid**" or "**Proposal**" generally refers to the
> offer submitted in response to a solicitation, whether denominated as
> an invitation to bid, invitation for bid, request for proposal, or
> otherwise. "Bidder" or "Offeror" similarly refers to the person,
> company, or other entity submitting the bid or proposal that
> constitutes an offer capable of acceptance, regardless of the
> solicitation method used. This solicitation will use the terms
> "**Offer"**, "**Offeror"** and "**Proposal"**.

"**Offeror**" is a computer hardware Manufacturer who chooses to submit
a proposal.

> "**Participating Addendum**" of "**Participating Addenda"** means a
> bilateral agreement executed by the Contractor and a Participating
> State or political subdivision of a State that clarifies the operation
> of the Price Agreement for the State or political subdivision
> concerned, e.g. ordering procedures specific to a State or political
> subdivision, and other specific language or other requirements. Terms
> and conditions contained in a Participating Addendum shall take
> precedence over the corresponding terms in the Master Price Agreement.
> Additional terms and conditions may be added via the Participating
> Addendum. However, a Participating Addendum may not alter the scope of
> the master price agreement.
>
> "**Participating State**" or "**Participating Entity"** means a member
> of NASPO or a political subdivision of a NASPO member who has
> indicated its intent to participate by signing an Intent to
> Participate, or who subsequently signs a Participating Addendum where
> required, or another state or political subdivision of another state
> authorized by WSCA to be a party to the resulting price agreement
> through the execution of a participating addendum.
>
> "**Peripherals**" include but are not limited to storage, printers
> (including multifunction network print/fax/scanner/copying devises),
> scanners, monitors, keyboards, cameras (digital and video used in
> conjunction with computing equipment), projectors, uninterruptible
> power supplies and accessories. Adaptive/Assistive technology devices
> are included as well as configurations for education. Peripherals may
> be manufactured by a third party.
>
> "**Permissive Price Agreement**" means that placement of orders
> through the price agreement is discretionary with Purchasing Entities.
> They may satisfy their requirements through the price agreement
> without using statutory or regulatory procedures (e.g. invitations for
> bids) to solicit competitive bids or proposals. Purchasing Entities
> may, however, satisfy requirements without using the price agreement
> so long as applicable procurement statutes and rules are followed.
>
> "**Price Agreement**" means an indefinite quantity contract that
> requires the Contractor to furnish Products or Services to a
> Purchasing Entity that issues a valid Purchase Order.
>
> "**Prime Contractor"** means the company holding an awarded Master
> Price Agreement.

"**Procurement Manager**" means the person or designee author­ized by the
NMSPA to manage or administer a procurement requiring the evaluation of
competitive sealed proposals.

"**Product(s)**" means computer Equipment, Peripherals, LAN hardware
Software, and General Purpose Software but not services.

**"Products and Services Schedule"** or "**PSS**" refers to a complete
list, grouped by major product and/or service categories, of the
Products and Services provided by the contractor that consists of an
item number, item description and the Purchasing Entity\'s price for
each Product or Service. All such Products and Services shall be listed
on a Contractor-supplied web site accessed via a URL.

> "**Purchase Order**" means an electronic or paper document issued by
> the Purchasing Entity that directs the Contractor to deliver Products
> or Services pursuant to a Price Agreement.
>
> "**Purchasing Entity**" means a Participating State or another legal
> entity, such as a political subdivision, properly authorized by a
> Participating State to enter into a contract for the purchase of goods
> described in this solicitation. Unless otherwise limited in this
> solicitation or in a Participating Addendum, political subdivisions of
> Participating States are Purchasing Entities and Participants
> authorized to purchase the goods and/or services described in this
> solicitation.

"**Request for Proposals**" or "**RFP**" means all documents, includ­ing
those attached or incorporated by reference, used for soliciting
proposals.

"**Reseller Agent"** means a company authorized by the Prime Contractor
and Participating Entity that may accept and fulfill purchase orders,
issue invoices and receive payments for Products and Services listed on
the Prime Contractor's PSS at or below the price stated therein.
Reseller Agents shall be named individually or by class in the
Participating Addendum.

"**Responsible Offeror**" means an Offeror who submits a Respon­sive
Proposal and who has furnished, when required, informa­tion and data to
prove that its financial resources, produc­tion or service facilities,
personnel, service reputa­tion and experience are adequate to make
satisfactory delivery of the Services or items of tangible personal
property described in the proposal.

**"Responsive Offer**" or "**Responsive Proposal**" means an offer or
proposal that conforms in all material respects to the requirements set
forth in the request for proposals. Material respects of a request for
proposals include, but are not limited to, price, quality, quantity or
delivery requirements.

"**Services**" are broadly classed as installation/deinstallation,
maintenance, support, training, migration and optimization of Products
offered or supplied (sold or leased) under the Master Price Agreement.
These types of services may include but are not limited to: warranty
services, maintenance, installation, de-installation, factory
integration (software or equipment components), asset management,
recycling/disposal, training and certification, pre-implementation
design, disaster recovery planning and support, service desk/helpdesk
and any other directly related technical support service required for
the effective operation of a Product offered or supplied. General
consulting and all forms of application development and programming
services are excluded.

"**Servicing Subcontractor"** means a Prime Contractor authorized and
state- approved subcontractor who may provide local marketing support or
other authorized services on behalf of the Contractor in accordance with
the terms and conditions of the Contractor's Master Price Agreement. A
wholly owned subsidiary or other company providing warranty or other
technical support services qualifies as a Servicing Subcontractor. Local
business partners may qualify as Servicing Subcontractors. Servicing
Subcontractors may not directly accept Purchase Orders or payments for
Products or Services from Purchasing Entities. Servicing Subcontractors
shall be named individually or by class in the Participating Addendum.

"**Software**" means machine-readable object code instructions that may
be preloaded on Equipment or LAN hardware or listed separately in the
PSS. The term "Software" applies to all parts of software, including new
releases, updates, and modifications of software. For Software, the term
"purchase" means "license". Contractor shall deliver applicable licenses
with the Software

> "**State Procurement Official**" means the director of the central
> purchasing authority of a state.
>
> "**Takeback:** means the Contractor accepts a return of the Equipment
> or other Products at the end of life.

\"**Universal Resource Locator**\" or \"**URL**\" means a standardized
addressing scheme for accessing hypertext documents and other services
using the WWW or another browser.

\"**Wide Area Network**\" or \"**WAN**\" means a data network that
servers users across a broad geographic area and often uses transmission
devices provided by common carriers.

"**WSCA**" means the Western States Contracting Alliance, a cooperative
group contracting consortium for state government departments,
institutions, agencies and political subdivisions (i.e., colleges,
school districts, counties, cities, etc.,) for the states of Alaska,
Arizona, California, Colorado, Hawaii, Idaho, Minnesota, Montana,
Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, and Wyoming.

F.  [BACKGROUND INFORMATION]{.underline}

The National Association of State Procurement Officials (NASPO) was
formally established on January 29, 1947, in Chicago, Illinois.

NASPO 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.

WSCA was formed in October 1993. The purposes of WSCA are to establish
the means by which participating states may join together in cooperative
multi-state contracting, to ensure the commitment of each participating
state and to provide regular and ongoing assistance to participating
states in researching, developing, and administering procurement and
contractual specifications and requirements. WSCA maintains a
cooperative relationship with the National Association of State
Purchasing Officials (NASPO) The mission of WSCA is to implement
multi-state contracts to achieve cost-effective and efficient
acquisition of quality products and services.

> WSCA membership consists of the principal procurement official that
> heads the state central procurement organization, or designee for that
> state, from the states of Alaska, Arizona, California, Colorado,
> Hawaii, Idaho, Minnesota, Montana, Nevada, New Mexico, Oregon, South
> Dakota, Utah, Washington, and Wyoming.
>
> The following named states have signed a Intent to Participate Form or
> have requested to be named in this RFP as a potential user of the
> resulting Master Price Agreements: Alabama, Alaska, Arizona, Arkansas,
> California, Colorado, Florida, Georgia, Hawaii, Idaho, Iowa, Kansas,
> Louisiana, Maryland, Massachusetts, Minnesota, Missouri, Montana,
> Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Dakota,
> Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas
> (Department of Information Resources) Vermont, Utah, Washington,
> Wisconsin and Wyoming.
>
> The following named states have committed resources and will
> participate in the evaluation of Offeror proposals: Alaska, Arkansas,
> Arizona, Georgia, New Mexico, New York, Oregon and Iowa (serving as an
> alternate).
>
> The initial multistate computer solicitation for manufacturer-supplied
> computer equipment sponsored by WSCA was issued on May 26, 1999. The
> solicitation resulted in Master Price Agreements awarded on September
> 3, 1999 to five contractors -- Compaq (HP-Compaq), Gateway, Dell, IBM
> and CompUSA. The master price agreement with CompUSA was not renewed
> leaving four incumbent contractors. These Master Price Agreements will
> expire on September 2, 2004. Total sales for all contractors Master
> Price Agreement inception to date is:
>
> **\$3,977,560,767.00**

G. [PROCUREMENT LIBRARY]{.underline}

The Procurement Manager has established a Procurement Library containing
the following list of documents.

> 1\. Procurement Regulations, 1.4.1 NMAC that may be accessed directly
> from the Purchasing Division web site at the following address:

[www.state.nm.us/spd](http://www.state.nm.us/spd) Click "Regulations"

2.  Unique State Terms and Conditions:

> http://www.state.nm.us/spd/rfp4000016.html
>
> 3\. European Union Directive -- Hazardous Substances:
> http://www.state.nm.us/spd/rfp4000016.html
>
> 4\. European Union Directive -- Waste Electrical and Electronic
> Equipment:

http://www.state.nm.us/spd/rfp4000016.html

######### II. CONDITIONS GOVERNING THE PROCUREMENT

This section of the RFP contains the schedule for the procure­ment, the
description of the major procurement events and the conditions governing
the procurement.

A. [SEQUENCE OF EVENTS]{.underline}

The Procurement Manager will make every effort to adhere to the
following schedule:

[Action]{.underline} [Responsibility]{.underline} [Date]{.underline}

1\. Issue of RFP NMSPA 10/03/03

State Purchasing

2\. Pre-Proposal Conference NMSPA 10/10/03

Potential Offeror(s)

3\. Distribution List Response Potential Offeror(s) 10/10/03

4\. Deadline to Submit Potential Offeror(s) 10/20/03

Questions

5\. Response to Written NMSPA 10/22/03

Questions/RFP Amendments

6\. Submission of Proposals Offeror(s) 11/12/03

7\. Proposal Evaluation Evaluation Committee 11/13/03

Thru

12/30/03

8\. Selection of Finalists Evaluation Committee 12/31/03

9\. Best and Final Offers Offeror(s) 01/12/04

from Finalists

10\. Oral Presentation and Offeror(s) 01/13/04

Demonstration by Finalists Thru

01/15/04

11\. Award Agreements NMSPA 01/19/04

12\. Finalize Agreements NMSPA, Selected Offerors 02/03/04

Selected Offerors

13\. Protest Deadline Aggrieved Offeror(s) 02/03/04

14. Build Administration Web Site NMSPA 02/13/04

15. Master Price Agreements Effective 02/13/04

B. [EXPLANATION OF EVENTS]{.underline}

The following paragraphs describe the activities listed in the sequence
of events shown in Section II, Paragraph A.

1\. [Issue of RFP]{.underline}

The State Purchas­ing Division of the General Services Department­, State
of New Mexico, is issuing this RFP.

> 2\. [Pre-Proposal Conference]{.underline}
>
> A pre-proposal conference will be held on the date indicated in
> Section II. Paragraph A beginning at 11:00AM Mountain Standard Time
> (MST) at the Bid Opening Room, First Floor, Joseph M. Montoya State
> Building, 1100 St. Francis Drive, Santa Fe, New Mexico. Potential
> Offerors are strongly encouraged to submit written questions in
> advance of the conference to the Procurement Manager (see Section I,
> Paragraph D). The identity of the organization submitting the
> question(s) will not be revealed. Additional written questions may be
> submitted at the conference. All written questions will be addressed
> orally at the conference. A public log will be kept of the names of
> potential Offerors that attend the pre-proposal conference.
>
> Attendance at the conference is highly recommended but not a
> prerequisite for submission of a proposal. Potential Offerors are
> advised that general questions answered orally at the pre-proposal
> conference will [not]{.underline} be reduced to writing and will
> [not]{.underline} be distributed. Potential Offerors are further
> advised the cost response forms found in Appendix C will be discussed
> and the configurations finalized at the pre-proposal conference. This
> document will be amended after the pre-proposal conference
>
> Potential Offerors are advised that the pre-proposal conference room
> space is limited. Therefore, **only three representatives per
> potential Offeror will be seated**. Additional representatives will be
> seated if space is available.

3\. [Distribution List Response Due]{.underline}

Potential Offerors should hand deliver or return by facsimile or by
registered or certified mail the "Ac­knowledgement of Receipt of Request
For Proposals Form" that accompanies this document (See Appendix A) to
have their organi­zation placed on the procurement distribution list. The
form should be signed by an authorized represen­tative of the
organization, dated and returned by 5:00 P.M. (MST) on the date
indicated on the form.

Although the written questions and answers and RFP amendments will be
posted on the NMSPA web site, the procurement distribution list will be
used for the distribu­tion of any other official correspondence.

Failure to return this form shall constitute a presump­tion of receipt
and rejection of the RFP, and the potential Offeror's organization name
shall not appear on the distribution list.

4\. [Deadline to Submit Additional Written Questions]{.underline}

Potential Offerors may submit additional written ques­tions as to the
intent or clarity of this RFP until 5:00 P.M. (MST) on the date
indicated in Section II, Paragraph A. [All written ques­tions must be
submitted to the Procurement Manager (See Section I, Paragraph D) by
e-mail, with the questions contained in an attached Microsoft Word
document format.]{.underline} The Procurement Manager will not respond
to questions submitted in any other manner or format.

5\. [Response to Written Questions/RFP Amendments]{.underline}

Written responses to written questions and any RFP amend­ments will be
posted on the NMSPA web site at the following URL:

http://www.state.nm.us/spd/rfp4000016.html

Additional written requests for clarification of posted answers and/or
amendments must be received by the Procure­ment Manager no later than
seven (7) days after the answers and/or amendments were posted on the
web site.

6\. [Submission of Proposal]{.underline}

**THE ORIGINAL AND TWO (2) COPIES OF OFFEROR PROPOSALS MUST BE RECEIVED
FOR EVALUATION BY THE PROCUREMENT MANAGER OR THE DEPUTY PROCUREMENT
MANAGER, MS. RAMONA GUTIERREZ, NO LATER THAN 2:00 PM MOUN­TAIN STANDARD
TIME ON NOVEMBR 12, 2003**. [Proposals received after this]{.underline}
[deadline will not be accepted]{.underline}. The date and time will be
recorded on each proposal.

> Proposals must delivered to the Procurement Manager or his deputy at
> the following address.

**Mr. Terry Davenport**

**Purchasing Division**

**Joseph M. Montoya Building**

**Room 2016**

**1100 St. Francis Drive**

**Santa Fe, NM 87505**

Proposals must be sealed and labeled on the outside of the package to
clearly indicate that they are in response to the Computer Equipment,
Software, Peripherals and Related Services, Request for Proposals
#40-00016.

Proposals submitted by facsimile will not be accepted.

**[PLEASE NOTE]{.underline}**

**TWO ADDITIONAL, IDENTICAL COPIES OF EACH SEALED OFFEROR PROPOSAL
SHOULD BE DELIVERED FOR EVALUATION TO EACH INDIVIUAL LISTED BELOW BY
5:00 PM LOCAL TIME ON NOVEMBER 13, 2003**.

Ms. Staci Agustus

Contracting Officer

State of Alaska

333 Willoughby,

Juneau, Alaska 99811

Ms. Connie Gerdes

State of Arizona

100 N. 15^th^ Avenue, Suite 104

Phoenix, Arizona 85007

Ms. Robin Rogers

Purchasing Team Leader

State of Arkansas

1509 W. 7^th^ Street

Little Rock, AR 72201-3966

Ms. Gayle Montgomery

State of Oregon

State Procurement Office

1225 Ferry Street, SE U140

Salem, Oregon 97301

Mr. David Candler

Manager, Contract Administration

Georgia Technology Authority

100 Peachtree Street, Suite 2300

Atlanta, Georgia 30303-3404

### Ms. Barbara Henderson

### Purchasing Team Leader

### State of New York

### NYS OGS PSG

37th Floor Corning Tower ESP

### Albany, New York 12242

### Jim Day

Technology Contracting Officer

State of Iowa

Dept of Administrative Services

Hoover State Office Building, Level A

Des Moines, IA 50319

A public log will be kept of the names of all Offerors who submitted
proposals. Pursuant to Section 13‑1‑1­16 NMSA 1978, the contents of any
proposal shall not be disclosed to competing Offerors prior to award.

7\. [Proposal Evaluation]{.underline}

An Evaluation Committee appointed by the NMSPA will perform the
evaluation of proposals. This process will take place between the dates
indicated in Section II, Paragraph A. During this time, the Procurement
Manager may, at his option, initiate discussions with Offerors who
submit responsive or potentially responsive proposals for the purpose of
clarifying aspects of the proposals, but proposals may be accepted and
evaluated without such discussion. Discus­sions SHALL NOT be initiat­ed by
the Offerors.

8\. [Selection of Finalists]{.underline}

The Evaluation Committee will select and the Procurement Manager will
notify the finalist Offerors on the date indicated in Section II,
Paragraph A. Only finalists will be invited to participate in the
subse­quent steps of the procurement. The schedule for the presen­ta­tions
and demonstrations will be determined at this time.

9\. [Best and Final Offers From Finalists]{.underline}

Finalist Offerors may be asked and/or required to submit revisions to
their proposals for the purpose of obtaining best and final offers by
the date indicated in the Finalist Notification Letter. Best and final
offers may be clarified and amended at the finalist Offeror's
presenta­tion and demonstration.

10\. [Presentation and Demonstration by Finalists]{.underline}

Finalist Offerors shall be required to present their proposals and may
be required to demonstrate their Internet web site to the Evaluation
Committee in accordance with instructions provided in the Finalist
Notification Letter. The Procurement Manager will schedule the time for
each Offeror presen­ta­tion and demonstration. All Offeror presentations
and demonstrations will be held in either Albuquerque or Santa Fe, New
Mexico. The location and instructions will be provided in the Finalist
Notification Letter. Each presen­tation will be limited to two (2) hours
in duration. An additional one-half hour will be allowed for finalist
Offerors who are required to demonstrate their web sites. Finalist
Offerors are responsible for providing their own computing equipment
including wireless web access, if required, and a projector.

11\. [Award Price Agreements]{.underline}

After review of the Evaluation Committee Report, the NMSPA will award
Master Price Agreements to the most advantageous Offerors on the date
indicated in Section II, Paragraph A. This date is subject to change at
the discretion of the NMSPA.

The Offeror proposals that are deemed most advanta­geous, taking into
consid­eration the evaluation factors set forth in the RFP will be
selected for award. Although the stated goal of the procurement is to
make a limited multiple source award, no minimum or maximum number of
awards has been predetermined.

12\. [Finalize Price Agreements]{.underline}

> The Master Price Agreements will be finalized with the awarded
> Contractors within thirty (30) days of the award. In the event that
> mutually agreeable terms cannot be reached within the time specified,
> the NMSPA reserves the right to cancel the award with the selected
> Contractor (s).

13\. [Protest Deadline]{.underline}

Any protest by an Offeror must be timely and in conformance with Section
13‑1‑172 NMSA 1978 and applicable procure­ment regula­tions. The fifteen
(15) day protest period for Offerors shall begin on the day following
the price agreement awards and will end as of 5:00 P.M. Mountain
Standard Time on the date indicated in the Award Notification Letter.
Protests must be written and must include the name and address of the
protestor and the request for proposals number. It must also contain a
state­ment of grounds for the protest including appropri­ate supporting
exhibits, and it must specify the ruling request­ed from the State
Purchasing Agent. The protest must be delivered to the NMSPA as follows:

**Michael C. Vinyard**

**New Mexico State Purchasing Agent**

**Joseph M. Montoya State Building, Room 2016**

**1100 St. Francis Drive**

**Santa Fe, New Mexico 87505**

Mailing Address:

##### P. O. Drawer 26110

######### Santa Fe, New Mexico 87502-0110

Protests received after the deadline will not be accept­ed.

C. [GENERAL REQUIREMENTS]{.underline}

This procurement will be conducted in accordance with the NMSPA's
Procurement Regulations, 1.4.1 NMAC.

1\. [Acceptance of Conditions Governing the Procurement]{.underline}

Offerors must indicate their acceptance of Section II, Conditions
Governing the Procurement, in the letter of transmittal. Submission of a
proposal constitutes acceptance of the Evaluation Factors contained in
Section V of this RFP.

2\. [Incurring Cost]{.underline}

Any cost incurred by the Offeror in preparation, trans­mittal,
presentation of any proposal or material submit­ted in response to this
RFP shall be borne solely by the Offeror.

3\. [Contractor Responsibility]{.underline}

The selected contractor(s) shall be solely responsible for fulfillment
of the responsibilities under the terms and conditions of the Master
Price Agreement. Unless otherwise provided in a Participating Addendum,
Purchasing Entities will issue purchase orders and make payments to only
the named contractor (s).

4\. [Servicing Subcontractors/Reseller Agent]{.underline}

> Offerors may propose the use of Servicing Subcontractors and Reseller
> Agents. However the Prime Contractor shall remain solely responsible
> for the performance under the terms and conditions of the Master Price
> Agreement if Servicing Subcontractors and/or Reseller Agents are
> utilized.

5\. [Amended Proposals]{.underline}

An Offeror may submit an amended proposal before the deadline for
receipt of proposals. Such amended propos­als must be complete
replace­ments for a previously submitted proposal and must be clearly
identified as such in the transmit­tal letter. The Evaluation Committee
will not merge, collate, or assemble proposal materials.

6\. [Offerors' Rights to Withdraw Proposal]{.underline}

An Offeror will be allowed to withdraw its proposal at any time prior to
the deadline for receipt of propo­sals. The Offeror must submit a written
withdrawal request signed by the Offeror's duly authorized
repre­sen­­tative addressed to the Procurement Manager.

The approval or denial of withdrawal requests received after the
deadline for receipt of the proposals is governed by the applicable
procurement regulations.

7\. [Proposal Offer Firm]{.underline}

Responses to this RFP, including proposal prices, will be consi­dered
firm for ninety (90) days after the due date for receipt of proposals or
sixty (60) days after receipt of a best and final offer if one is
submitted.

8\. [Disclosure of Proposal Contents]{.underline}

The proposals will be kept confidential until the Master Price
Agreements are awarded by the NMSPA. At that time, all proposals and
documents pertaining to the proposals will be open to the public, except
for the material that is propri­etary or confidential. The Procurement
Manager will not disclose or make public any pages of a pro­posal on
which the Offeror has stamped or imprinted "propri­etary" or
"confidential" subject to the following requirements.

Proprietary or confidential data shall be readily separable from the
proposal in order to facilitate eventual public inspec­tion of the
non-confi­dential portion of the proposal. Confiden­tial data is normally
restrict­ed to confidential financial informa­tion concerning the
Offeror's organization and data that qualifies as a trade secret in
accordance with the Uniform Trade Secrets Act, 57-3A-1 to 57-3A-7 NMSA
1978. The price of Products offered or the cost of Services proposed
shall not be designat­ed as proprietary or confidential information. **IF
AN ENTIRE PROPOSAL IS DESIGNATED AS PROPRIETARY OR CONFIDENTIAL, IT MAY
BE DISQUALIFIED FROM CONSIDERATION.**

If a request is received for disclosure of data for which an Offeror has
made a written request for confidentiali­ty, the NMSPA shall examine the
Offeror's request and make a written deter­mination that specifies which
portions of the proposal should be disclosed. Unless the Offeror takes
legal action to prevent the disclosure, the proposal will be so
dis­closed. The proposal shall be open to public inspec­tion subject to
any continuing prohibition on the disclosure of confidential data.

9\. [No Obligation]{.underline}

This procurement in no manner obligates the State of New Mexico, any
NASPO member or any Purchasing Entity to the lease or purchase of any
Products or Services offered until a Master Price Agreement is signed by
the NMSPA, a Participating Addendum has been executed by the Contractor
and the Contractor receives and accepts a valid purchase order from an
authorized Purchasing Entity.

10\. [Termination]{.underline}

This RFP may be canceled at any time and any and all proposals may be
rejected in whole or in part when the NMSPA determines such action to be
in the best interest of the State of New Mexico and/or NASPO and WSCA.

11\. [Administration Fees]{.underline}

The Contractor shall report price agreement utilization and pay the WSCA
administration fee in accordance with the terms and conditions of the
master price agreement. The WSCA directors approved the level of the
WSCA administration fee. The WSCA administration fee is not negotiable.
Some states may require an additional fee be paid directly to the State
on purchases made by Purchasing Entities within that state. For all such
requests, the fee level, payment method and schedule for such reports
and payments shall be incorporated in a Participating Addendum that is
made a part of the Master Price Agreement. The Contractor may adjust PSS
pricing accordingly for purchases made by Purchasing Entities within the
jurisdiction of the state. All such agreements shall have no effect
whatsoever on the WSCA fee or the prices paid by the Purchasing Entities
outside the jurisdiction of the state requesting the additional fee.

12\. [Legal Review]{.underline}

The NMSPA requires that all Offerors agree to be bound by the General
Requirements contained in this RFP. Any Offeror concerns must be
promptly brought to the atten­tion of the Procurement Manager.

13\. [Governing Law]{.underline}

The laws of the State of New Mexico shall govern this procurement. The
laws of the State of New Mexico shall govern the Master Price Agreements
that result from this procurement. The laws of the Participating Entity
shall govern for purchases made within the jurisdiction of the
Participating Entity.

14\. [Basis for Proposal]{.underline}

Only information supplied by the NMSPA in writing through the
Procurement Manager or in this RFP should be used as the basis for the
preparation of Offeror propos­als.

15\. [Agreement Terms and Conditions]{.underline}

The agreement between the NMSPA and the contractor will follow the
format specified by the NMSPA and contain the terms and conditions set
forth in Appendix B, "Master Price Agreement". However, the NMSPA
reserves the right to negotiate with a succes­sful Offeror provi­sions in
addition to those contained in this RFP. This RFP, as revised and/or
supplemented, and the successful Offeror's proposal will be incorporated
into and become part of the agreement.

Offerors are encouraged to submit specific alternate language to NMSPA's
terms and conditions, as contained in this Section or in Appendix B,
"Master Price Agreement" that an Offeror believes would enhance the
efficient administration of the agreement or result in lower product
prices or both. The NMSPA may or may not accept the alternative
language. General references to the Offeror's terms and condi­tions or
attempts at complete substitutions are not acceptable to the NMSPA and
will result in disqualifi­cation of the Offeror's proposal.

16\. [Agreement Deviations]{.underline}

Any additional terms and conditions, which may be the subject of
negotiation, will be discussed only between the NMSPA and the selected
Offeror(s) and shall not be deemed an opportunity to amend the Offeror's
proposal.

17\. [Offeror Qualifications]{.underline}

The Evaluation Committee may make such investigations as necessary to
determine the ability of the Offeror to adhere to the requirements
specified within this RFP. The Evaluation Committee will reject the
proposal of any Offeror who is not a responsible Offeror or fails to
submit a responsive offer as defined in Sections 13‑1‑83 and 13-1-85
NMSA 1978.

18\. [Right to Waive Minor Irregularities]{.underline}

The Evaluation Committee reserves the right to waive minor
irregularities. The Evaluation Committee also reserves the right to
waive mandatory requirements pro­vided that all of the otherwise
responsive proposals failed to meet the mandatory requirements and the
failure to do so does not materially affect the procure­ment. This right
is at the sole discretion of the Evaluation Committee.

19\. [Change in Contractor Representatives]{.underline}

The NMSPA reserves the right to require a change in Contractor's
representative (s) if the assigned representa­­tive (s) is not, in the
opinion of the NMSPA, meeting its needs adequately.

20\. [Notice]{.underline}

The Procurement Code, Sections 13‑1‑28 through 13‑1‑199 NMSA 1978,
imposes civil and misdemeanor criminal penal­ties for its violation. In
addition, the New Mexico criminal statutes impose felony penalties for
bribes, gratuities and kickbacks.

21\. [NMSPA Rights]{.underline}

The NMSPA reserves the right to accept all or a portion of an Offeror's
proposal.

22\. [Right to Publish]{.underline}

Throughout the duration of this procurement process and Master Price
Agreement term potential Offerors, Offerors and Con­trac­­­­tors must secure
from the Agreement Administrator prior approval to the release of any
information that pertains to the potential work or activities covered by
this procurement or the Master Price Agreements. Failure to adhere to
this requirement may result in disqualifi­cation of the Offeror's
proposal or termination of the Master Price Agreement for cause.

23\. [Ownership of Proposals]{.underline}

All documents submitted in response to the RFP shall be available to be
picked up by the Offerors after the expiration of the protest period
with the following exception. One (1) complete copy of the each
Offeror's proposal including the Best and Final Offer, if one was
submitted, shall be placed into the procurement file. Those documents
will become the property of the NMSPA and the State of New Mexico.

Offerors may pick up their proposals from the respective representatives
from the states that are evaluating proposals in accordance with
instructions provided by the respective representatives. Evaluating
states may choose to retain one (1) copy for their respective
procurement files. States may destroy proposals the were not picked up
during the allotted time.

24\. [Product and Services Schedules]{.underline}

The contractor shall offer only those Products and Services that are
included on the contractor\'s Product and Services Schedule (PSS).
Contractors shall keep the schedule current and correct on an Internet
web site maintained by the Contractor in accordance with the terms and
conditions of the price agreement.

25\. [Additional Offeror Qualifications]{.underline}

The Evaluation Committee reserves the right to require timely submission
of additional and/or supporting materials concerning Offeror
qualifications including financial, manufacturing, personnel and
marketing resources.

26\. [Product Qualifications]{.underline}

The Evaluation Committee reserves the right to require timely submission
of additional and/or supporting materials concerning type and quality of
the Products offered including product specifications, benchmark results
or other meaningful measurement the Evaluation Committee believes would
be helpful in assessing Product quality.

### 27. [Electronic Mail Address Required]{.underline}

> A large part of the communication regarding this solicitation will be
> conducted by electronic mail (e-mail). Offeror must have a valid
> e-mail address to receive this correspondence.

### 28. [Use of Electronic Versions of this RFP]{.underline}

This RFP is being made available by electronic means. If accepted by
such means, the Offeror acknowledges and accepts full responsibility to
insure that no changes are made to the RFP. In the event of conflict
between a version of the RFP in the Offeror's possession and the version
maintained by the NMSPA, the version maintained by the NMSPA shall
govern.

**III. RESPONSE FORMAT AND ORGANIZATION**

A. [NUMBER OF RESPONSES]{.underline}

Offerors shall submit only one proposal.

B. [NUMBER OF COPIES]{.underline}

Offerors shall deliver one original and two (2) identical copies of
their proposal to the Procurement Manager or Deputy Procurement Manager
to the location specified Section II, Para­graph B6 on or before the
closing date and time for receipt of proposals. Two (2) additional
copies shall be delivered to each state representative as specified in
Section II, Paragraph B6.

C. [PROPOSAL FORMAT]{.underline}

All proposals must be typewritten on standard 8 ½ x 11 paper (larger
paper is permissible for charts, spreadsheets, etc.) and placed within a
binder with tabs delineating each section.

1\. [Proposal Organization]{.underline}

The proposal must be organized and indexed in the following format and
must contain, as a minimum, all listed items in the sequence indicated.

a\) Letter of Transmittal (binder 1)

b\) Table of Contents (binder 1)

c\) Proposal Summary (optional) (binder 1)

d)  Response to Specifications 1 through 9 (binder 1)

e\) Response to Specification 10, Product and Services Schedule
Diskette(s), CD or URL address (Binder 1)

e)  Response to Specification 11, Revised Price Agreement/Proposals on
    Diskettes or CD (binder 2)

f)  Response to Specifications 12 through 14 (binder 1)

g\) Response to Specification 15, Completed Cost Response Form(s)
(binder 2)

h\) Response to NMSPA Terms and Conditions (binder 2)

i\) Offeror's Additional Terms and Conditions (binder 2)

j\) Sample Reports and Other Supporting Material (binder 3)

> Within each section of their proposal, Offerors should address the
> items in the order in which they appear in this RFP. All forms
> provided in the RFP must be thoroughly completed and included in the
> appropriate section of the proposal. All discussion of proposed costs,
> rates or expenses must occur only in the section with the cost
> response form. Any proposal that does not adhere to these requirements
> will be deemed non‑responsive and rejected on that basis.

The proposal summary may be included by Offerors to provide the
Evaluation Committee with an overview of the technical and business
features of the proposal; however, this material will not be used in the
evaluation process unless specific­ally referenced from other portions of
the Offeror's proposal.

> Offerors may attach other material that they feel may improve the
> quality of their responses. However, these materials should be
> included and indexed in binder 3.

2\. [Letter of Transmittal]{.underline}

A letter of transmit­tal must accompany each proposal. The letter of
transmittal MUST:

a\) Identify the Offeror's company name;

b\) Identify the name and title of the person autho­rized by the
Offeror's company to contractually obligate the company;

c\) Identify the name, title and telephone number of the person
authorized to negotiate the Master Price Agreement on behalf of the
company;

d\) Identify the names, titles and telephone numbers of persons to be
contacted for clarification;

e\) [Explicitly]{.underline} indicate acceptance of the Conditions
Govern­ing the Procurement stated in Section II, Paragraph C.1;

f\) Be signed by the person authorized to contrac­tually obligate the
company;

g\) Acknowledge receipt of any and all amendments to this RFP.

####### **IV. SPECIFICATIONS**

This section contains specifications and relevant information Offerors
should use for the preparation of their proposals.

Offerors should respond as described to each specification. The
responses along with the required supporting material will be evaluated
and awarded points accordingly.

A. [INFORMATION]{.underline}

1\. **[NMSPA Support]{.underline}**

The NMSPA will assign a competent, qualified Agreement Administrator to
administer the master price agreement in accordance with terms and
conditions of the Master Price Agreement, Appendix B.

2\. **[Facilities]{.underline}**

The NMSPA will host and maintain an Internet web site providing
administrative information concerning use of the master price
agreements.

B. [SPECIFICATIONS]{.underline}

> 1\. **[Corporate Overview]{.underline}**
>
> Offerors must provide a brief history and description of their company
> including but not limited to the following:

a.  **Facilities**

> Offerors must indicate number and location of manufacturing,
> distribution outlets and support centers, as appropriate.

b.  **Personnel**

> Offerors must include a map or other documentation that indicates by
> state the number and type of sales, support personnel or other
> resources that are employed to service purchase orders and/or
> equipment for non-federal governmental customers.
>
> c\. **State Contracts**
>
> Offerors must include the list of states where the Offeror has been
> awarded a statewide price agreement for computing equipment products
> and services by the central purchasing authority or State Purchasing
> Official. The information required in response to this specification
> includes the name and telephone number of the price agreement
> administrator plus the effective and termination dates of the
> agreement(s).
>
> d\. **Organization**
>
> Offerors must include an organization chart and a thorough narrative
> describing how the Master Price Agreement will be supported from
> senior management down to field technicians including the use of any
> wholly owned subsidiaries or subcontractors.
>
> e\. **Complaint Resolution**
>
> Offerors must thoroughly describe their procedures for addressing and
> resolving customer problems and complaints \-- service, equipment or
> billing \-- including timelines and escalation measures.

f.  **Preference Programs**

> Offerors must describe their experience and capacity to meet Minority
> and Women Business Enterprise (MWBE) and other local purchasing
> preferences that vary among potential Participating Entities.

g.  **Agent Reseller Usage**

> If Agent Resellers are proposed, Offerors must describe how Agent
> Resellers are certified, how they are contractually bound to the
> Master Price Agreement terms and conditions (plus any modifications
> thereto contained in Participating Addenda) and how Agent Reseller
> sales will be accurately tracked and reported.
>
> 2\. **[Products and Services Overview]{.underline}**
>
> Offerors must describe their ability to provide and support Products
> and Services to the NASPO member states and the various governmental
> entities therein. The narrative in response to this specification
> should include, at a minimum, an overview how Products are delivered
> and supported nationwide plus specific information as follows:

a.  **Mandatory Offering**

Offerors must, at a minimum, manufacture and offer a server with the
configuration as defined Appendix C, Cost Response Form One.

b.  **Breadth of Offering**

Offerors must thoroughly describe the breadth of their Product and
Service offerings. The narrative that is submitted in support of the
list should provide the Evaluation Committee with a clear indication of
the breadth of the product line flexibility and performance.

######## COMPUTING EQUIPMENT

> Offerors must provide a summarized list of the models or variations
> available in each of the following primary processing unit categories.

######## Servers

Workstations

Desktop

Laptop

Hand Held

Other

######## OPERATING SYSTEMS

Offerors must provide, at a minimum, a licensed operating system with
each type of processor. Offerors must provide a summarized list of the
operating systems that are proposed for each of the following categories
of processors:

Servers

Workstations

Desktop

Laptop

Hand Held

Other

######## PERIPHERALS

Offerors must provide a summarized list of the models or variations
proposed in each of the following peripheral categories:

Storage

Printers

> Monitors
>
> Cameras
>
> Projectors
>
> Accessories

##### SOFTWARE

> Offerors may propose and provide a wide range of the general-purpose
> software products. Offerors should provide a summarized list of the
> general-purpose software that is proposed for each of the following
> categories of processors:

Servers

Workstations

Desktop

Laptop

Hand Held

Other

######## LOCAL AREA NETWORK

> Offerors may propose and provide local area network equipment and
> related software. Offerors should provide a summarized list of
> proposed LAN equipment and related software.

c.  **Customer Satisfaction**

> Offerors should submit customer satisfaction statistics or survey
> results concerning the quality of the Products and Services offered.

d.  **Value Added Services**

> Offerors should thoroughly describe their ability to provide value
> added Services including but not limited to installation, training
> and/or related optional Services contained in the definition of
> Services and the geographic area where the Services may be provided.
> Do not include general consulting or any form of application
> development services.

e.  **E- Rate Program**

> Offerors should describe their commitment to participation in the
> Federal Communications Commission's E-Rate discount program
> established under authority of the Federal Telecommunications
> Commission Act of 1996 by supplying their E-Rate contractor
> identification number and the list of E-Rate qualifying Products.

f.  **Section 508 Compliance**

> Offerors should describe their commitment to the manufacture of
> accessible products by describing their support of the applicable
> provisions of the Workforce Investment Act of 1998, Section 508.

3\. **[Reporting]{.underline}**

a.  **WSCA Reporting**

> Offerors must agree to provide quarterly utilization reports to the
> agreement administrator based upon the schedule and minimum content as
> described in Paragraph 46 of the Price Agreement, Appendix B. Offerors
> must describe their ability and commitment to meet this requirement
> and include a example quarterly report with the proposal.

b.  **Customer Reporting**

> Offerors should describe and include additional sample reports for
> states and/or Purchasing Entities. Offerors should describe enhanced
> reporting capabilities such as electronic delivery of reports or
> direct access to Internet or other database that may be used to
> administer the Master Price Agreement. Asset management or other
> reports for Purchasing Entities should be addressed.

4\. **[Electronic Commerce]{.underline}**

> Offerors must describe their ability to provide and commitment to
> maintain an Internet web site that contains, at a minimum, their
> complete PSS plus Product specifications, configuration aids, Service
> options, service agreement(s) as well as contact information for order
> placement, purchase order tracking, problem reporting, equipment
> maintenance and billing concerns. In addition, Offerors must respond
> to the following:

a.  **Web Site**

> Offerors must provide the URL to a web site that provides the proposed
> functions.

b.  **Electronic Processing**

> Offerors must thoroughly describe their ability or commitment to
> accept and process purchase order electronically as well as online
> payment via purchase card. The ability to provide electronic funds
> transfer and/or a seamless electronic interface to governmental
> accounting systems should be thoroughly described.

c.  **Auditing**

> Offerors must describe how and how often the web pricing and invoicing
> is audited to insure contractual compliance. Offerors shall propose a
> schedule for such audits.

5\. **[Primary Account Representative]{.underline}**

Offerors must identify by name and location the proposed primary account
representative who will be responsible for the performance of the Master
Price Agreement. A resume must be included in the Offeror\'s proposal
for the named individual.

6\. **[References]{.underline}**

Offerors must submit five (5) written [letters of reference]{.underline}
from current or previous states (do not included references from Alaska,
Arkansas, Arizona, Georgia, Iowa, Oregon, New Mexico or New York) or
other larger governmental (not federal) entities that have or are
currently receiving similar products and services to those proposed by
the Offeror for this solicitation. In addition to the [letter of
reference]{.underline} **,** each refer­ence must include the name of the
contact person, street address, telephone number, e-mail address and
description of products and services provided. Offerors should advise
their references to expect to be contacted by the Evaluation Committee
during the evaluation period.

7**.** **[Rollout and Marketing Plan]{.underline}**

a.  **Plan and Methodology**

> Offerors must submit a thorough rollout plan as part of the proposal.
> At a minimum, the response should include a description of the
> methodology (mailings, meetings, seminars, press releases, personal
> contacts) proposed, dates and location of activities, and a Gantt
> chart including tasks to be performed and the timeframe for the
> completion of each task.

b.  **Contracting Personnel**

> Offeror must identify the contracting personnel who will be assisting
> states with the completing and processing of Participating Addenda. A
> resume must be included in the Offerors proposal for the first five
> named individuals. [Experience has shown that an adequate number of
> trained contracting personnel are key to the success of a national
> Master Price Agreement.]{.underline}

c.  **Marketing Materials**

> Offerors should include sample rollout and follow-up marketing
> materials with their proposals. Offerors are reminded that once a
> statewide participating addendum is in place, nearly every
> governmental entity, public school and university within the state may
> use the contractor's Master Price Agreement.

8\. [**Oral Presentation and Demonstration**]{.underline}

If selected as a finalist, Offerors agree to allow the Evalua­tion
Committee to meet with and question the proposed primary account
representative at the oral presentation. The proposed primary account
manager or representative is expected to conduct the presentation.
Offerors may be required to demonstrate their Internet web site
functions to the Evaluation Committee. A statement of acknowledgement
and concurrence with this requirement is required.

9\. **[Pricing Level and Volume Discount Guarantees]{.underline}**

Offerors must submit with their proposal a narrative that describes the
baseline (published) pricing and the initial pricing level discount that
is proposed, by type or category of Products and Services as reflected
in the PSS. The response to this specification must be in the form of a
percentage discount from a published or base line price listing.
Offerors must describe the base line pricing and provide information
where the baseline pricing may be accessed and verified. In addition,
Offerors holding federal General Services Administration contracts shall
provide the corresponding GSA percentage discount from the same
baseline.

Offerors should provide additional volume based pricing for
consideration. The Evaluation Committee will be evaluating both per
transaction and cumulative volume discounts that may be achieved as well
as programs that allow for deeper discounts for Contractor proposed
standardized configurations.

a.  **Per Transaction Multiple Unit Discount**

> Offerors should propose a contractual volume discount based on dollars
> in a single purchase order or combination of purchase orders submitted
> at one time by a Purchasing Entity or multiple entities conducting a
> cooperative purchase. The narrative in response to this specification
> should include a table indicating the additional discount percentage
> to be earned by volume purchased at one time.

b.  **Cumulative**

> Offerors should propose a contractual, cumulative, permanent volume
> discount based on dollars resulting from the cumulative purchases by
> all governmental purchasers for the duration of their Master Price
> Agreement. The narrative in response to this specification should
> include a table indicating the additional discount percentage to be
> earned by cumulative volume purchased. For example, Offerors may
> propose an increase in price discounts from the baseline pricing for
> cumulative volumes greater than \"X\" million of dollars.

c.  **Standard Configurations**

> Offerors should propose and describe their commitment to offer and
> maintain deeply discounted (state the discount from a baseline)
> standard configurations that are available to Purchasing Entities
> using the Master Price Agreement only. The response to this
> specification should include a commitment to maintain and upgrade
> (keep pace with the advance of technology) the standard configurations
> for a stated period of time or intervals. Offerors should propose six
> standard configurations \-- three desktop, two servers and one laptop.

10\. **[Products and Services Schedule]{.underline}**

> Offerors must submit with their proposals a complete Product and
> Services Schedule including all the Services and Equipment offered for
> education, state and local government procuring agencies at the
> initial pricing level stated in response to the previous
> specification. The PSS may be submitted in Microsoft Word or Excel
> format on 3.5 inch diskettes or a CD-ROM or web page (provide URL).

11\. **[Revised Price Agreement/Proposal]{.underline}**

> Offerors must submit with their proposal 3.5\" diskette (s) or CD-ROM
> that contains the proposed revised Master Price Agreement terms and
> conditions and the entire proposal. Both documents shall be in
> Microsoft Word format. The revised Master Price Agreement shall have
> the changes highlighted.

12 **[Alternatives]{.underline}**

Offerors should provide any suggested improvements and alternatives for
doing business with your company that will make this arrangement more
cost effective for your company and participating public agencies.

13\. **[Financial Strength]{.underline}**

> Offerors must include a statement concerning their financial strength
> supported by an annual report or other relevant information including
> the latest Dun & Bradstreet report.

14. [Takeback/ Environmental Programs]{.underline}

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a.  **Takeback/Recycling**

> Offerors must describe their Equipment Takeback/recycling program by
> addressing each of the following: date the program is or will be in
> operation, type of Equipment, LAN hardware and/or Peripherals being
> taken back or proposed to be taken back, volume of Equipment being
> recycled/disposed or proposed, certificates of lawful disposal, disk
> storage cleaning, takeback charges by type of Equipment, compliance
> with the European Union's WEEE Directive requiring the recycle or
> reuse of old Equipment and compliance with federal or other regulatory
> authorities regarding disposal of electronic equipment. Offerors
> should Address ISO 14001 certification.

b.  **Environment**

Offerors must describe their Product environmental improvement program
in each of the following areas: reduction/minimization/avoidance of the
use of toxic and hazardous constituents (cadmium, chromium, mercury,
lead,); compliance with international directives such as the European
Union's Directive " Restriction of Hazardous Substances", reduction of
chlorinated plastics (PVC) and brominated flame retardants;
certification by independent third party eco-labeling programs (TCO,
Blue Angel, and Nordic Swan); and the migration to the use of
recyclable, nontoxic packaging. Offerors must specifically identify each
Equipment or Peripheral model number that has been certified and the
type of certification obtained. In addition, offerors must list the
model numbers of units being submitted for certification as well a
schedule for any remaining units. Finally, offerors must describe how
certified units are labeled and identified as such on the web site.

c.  **Energy Efficiency**

> Offerors must describe their energy efficiency program (s) by
> identifying the Products that meets Energy Star or other recognized
> program for energy efficiency. In addition, Offerors must describe how
> Products are identified as energy efficient on the units and on their
> web site.

15\. **[Cost]{.underline}**

Offerors must complete the Price Configuration Form(s) found in appendix
C and submit them with their proposal. Offerors must, at a minimum,
complete the server (Price Configuration Form One) using the proposed
PSS prices. Offeror should complete the additional price configuration
forms as well. For the purpose of preparing the proposal, Offerors are
to assume that proposed Equipment configurations are delivered to and
serviced in Santa Fe, New Mexico.

The configuration pricing shall be single unit, non-educational pricing.
**Please Note**: **The configurations will be finalized at the
pre-proposal conference**.

######## V. EVALUATION

A. [EVALUATION POINT SUMMARY]{.underline}

The following is a summary of evaluation factors and the point value
assigned to each. These weighted factors will be used in the evaluation
of the individual Offeror proposals. Only finalist Offerors will receive
points for their oral presentation and demonstration.

  ------------------------------------------------------ ----------------
  **Specification**                                      **Points**

  1\. Corporate Overview                                 150

  2\. Products and Services Overview                     175

  3\. Reporting                                          15

  4\. Electronic Commerce                                45

  5\. Primary Account Representative                     25

  6 References                                           50

  7\. Rollout and Marketing Plan                         40

  8\. Oral Presentation and Demonstration                50

  9\. Pricing Level and Guarantee                        100

  10\. Product and Services Schedule                     0

  11\. Revised Price Agreement on Diskette 0             0

  12\. Alternatives                                      0

  13\. Financial Strength                                0

  14\. Takeback/Environmental Programs                   100

  15\. Cost                                              250

  **TOTAL**                                              **1,000**
  ------------------------------------------------------ ----------------

B. [EVALUATION FACTORS]{.underline}

Points will be awarded on the basis of the following evalua­tion factors:

1\. **[Corporate Overview]{.underline}**

The Offeror's response will be evaluated and points awarded based upon
the following criteria:

a\. **Facilities** - Up to a maximum of 25 points will be awarded based
upon an assessment of the adequacy of the Offeror\'s facilities to
support the Master Price Agreement.

b\. **Personnel** - Up to a maximum of 25 points will be awarded based
upon an assessment of the adequacy of the Offeror\'s personnel including
resellers/subcontractors to support the Master Price Agreement.

c\. **State Contracts** - Up to a maximum of 50 points will be awarded
based upon the number and type of state contracts the Offeror has and/or
had in place in the past two years.

> d\. **Offeror Organization** - Up to a maximum of 20 points will be
> awarded based upon an assessment of the adequacy of the Offeror\'s
> proposed organization to implement and support the Master Price
> Agreement.

e\. **Complaint Resolution** - Up to a maximum of 15 points will be
awarded based upon an assessment of the adequacy of the problem
escalation procedures.

f.  **Preference Programs**- Up to a maximum of 15 points will be
    awarded based upon an assessment of the adequacy and success of the
    Offerors' local preference program (s).

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```
g.  **Agent Reseller Usage --** No points

2\. **[Products and Services Overview]{.underline}**

> a\. **Mandatory Offering -** No Points
>
> b\. **Breadth of Offering** -- Up to a maximum of 125 points will be
> awarded as follows:
>
> **Computing Equipment** - Up to a maximum of 55 points will be awarded
> based upon the breadth of the proposed product line including the
> configuration flexibility and range of performance of the primary
> processing units.
>
> **Operating Systems** - Up to a maximum of 15 points will be awarded
> based upon the number and type of operating systems that are proposed
> for the primary processing units.
>
> **Peripherals**: Up to a maximum of 35 points will be awarded based
> upon the breadth of the proposed product line including the
> configuration flexibility and range of performance of the peripherals.
>
> **Software**: Up to a maximum of 15 points will be awarded based upon
> the number and type of general-purpose software products that are
> proposed.
>
> **LAN**: Up to a maximum of 5 points will be awarded based upon the
> number, type and range of performance of the proposed LAN equipment
> and software.

c\. **Customer Satisfaction** - Up to a maximum of 15 points will be
awarded based upon user survey results or other comparable statistics
submitted. Written evaluations from third-party testing or evaluation
organizations will be given consideration over user surveys or other
similar documentation.

d.  **Value Added Services** - Up to a maximum of 15 points will be
    awarded to Offerors who can provide value added technical services
    including installation, training or directly related optional
    services.

e.  **E-Rate Program** - Offerors with eligible Products and an E-Rate
    identification number will receive 10 points.

f.  **Section 508 Compliance --** Up to a maximum of 10 points will be
    awarded based upon the described level of implementation of Section
    508.

> 3\. **[Reporting]{.underline}**

a.  **WSCA Reporting** -- No points

> b\. **Customer Reporting**- Up to a maximum of 15 points will be
> awarded based upon the type and quality of the reporting available.

4\. **[Electronic Commerce]{.underline}**

#########  Web Site -- Up to a maximum of 15 points will be awarded based upon an assessment of the breadth of content (configuration aids, product specifications, support personnel, problem reporting), ease of use and overall quality of the proposed web site. 

#########  Electronic Processing -- Up to a maximum of 15 points will be awarded based upon an assessment of the web sites ability to perform purchase order placement, purchase order tracking, online payment via a purchase card and other relevant capabilities.

#########  Auditing: Up to a maximum of 15 points will be awarded based upon the Offerors response including the frequency and type of audits performed. Offerors providing proven auditing tools shall receive additional consideration.

#########  

#########  5. [Primary Account Representative]{.underline}

Up to a maximum of 25 points will be awarded based upon an evaluation of
the knowledge and experience of proposed primary account representative
as documented in the resume submitted in the proposal.

6\. **[References]{.underline}**

Up to a maximum of 50 points will be awarded based upon the content of
the letters of reference, and optionally, to a series of questions that
may be asked of the references concerning the quality of the Offeror's
products and services, the delivery of products and services,
responsiveness to problems and complaints and the level of satisfaction
with the Offeror's overall performance.

7\. **[Rollout and Marketing Plan]{.underline}**

a\. **Plan and Methodology** -- Up to a maximum of 15 points will be
awarded based upon the quality, efficiency, and thoroughness of the
rollout plan and methodology submitted as part of the Offeror's
proposal.

b.  **Contracting Personnel --** Up to a maximum of 10 points will be
    awarded based upon an evaluation of the adequacy and experience of
    the proposed contracting personnel that will be supporting and
    processing Participating Addenda.

c.  **Marketing Materials** - Up to a maximum of 15 points will be
    awarded based upon an evaluation of the quality of the proposed
    marketing materials as well as the approach and contractor's
    commitment to provide on -going marketing support after the initial
    rollout.

8\. **[Oral Presentation and Demonstration]{.underline}**

Finalist Offerors will be awarded up to 50 points for their oral
presentations based upon clarity of presenta­tion, ability to answer both
technical and administrative questions as well as the understanding of
and commitment to address the needs of Purchasing Entities in both WSCA
and non-WSCA states. At the option of the Evaluation Committee, proposed
Internet-base web sites may be evaluated for content, functions
performed, technical merit and ease of use.

9\. **[Pricing Level and Guarantee]{.underline}**

a.  **Initial --** Up to a maximum of 25 points will be awarded based
    upon an assessment of the monetary value of the proposed discounts.

b.  **Per Transaction Multiple Unit Volume Discount** - Up to a maximum
    of 25 points will be awarded based upon an assessment of the
    monetary value of the proposed additional discounts.

c.  **Cumulative Volume Discount** - Up to a maximum of 25 points will
    be awarded based upon an assessment of the monetary value of the
    proposed additional discounts.

d.  **Standard Configurations** -- Up to a maximum of 25 points will be
    awarded based upon an assessment of the monetary value of the
    proposed additional discounts.

    10. **Products and Services Schedule --** No Points.

    11. **Revised Price Agreement on Diskette** -- No Points.

    12. **Alternatives** -- No Points.

    13. **Financial Strength** -- No Points.

14 **[Takeback/Environmental Program]{.underline}**

a.  **Takeback/Recycle** - Up to a maximum of 40 points will be awarded
    based upon the thoroughness of the response to the specification.
    Operational programs will receive greater consideration than
    proposed programs.

b.  **Environment** - Up to a maximum of 30 points will be awarded based
    upon the thoroughness of the response to the specification including
    the number of units certified, the type of certification and the
    level of commitment to certify the remaining units.

c.  **Energy Efficiency** -- Up to a maximum of 30 points will be
    awarded based upon the number of documented energy efficient
    Products proposed.

15\. **[Cost]{.underline}**

Total cost will be calculated by adding the proposed cost for Server One
(Pricing Configuration Form One) to the proposed cost for Server Two
(Pricing Configuration Form Two) plus the proposed cost for the Desktop
(Pricing Configuration Form Three), plus the proposed cost of the Laptop
(Pricing Configuration Form Four) plus the Printer (Pricing
Configuration Form Five). If an Offeror does not propose Server Two or
Desktop or Laptop, or Printer the highest cost proposed by a responsive
Offeror for those units will be used to arrive at a uniform cost for the
award of points for this factor.

The evaluation of each Offeror's cost proposal will be conduct­ed using
the following formula:

Lowest Responsive Offer Total Cost

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--
X 250= Award Points

This Offeror's Total Cost

C. [EVALUATION PROCESS]{.underline}

1\. All Offeror proposals will be reviewed for compliance with the
mandatory requirements stated within the RFP. Proposals deemed
non-responsive will be eliminated from further consideration.

2\. The Procurement Manager may contact the Offeror for clarification of
the response as specified in Section II, Para­graph B.7.

3\. The Evaluation Committee may use other sources of informa­tion to
perform the evaluation as specified in Section II, Paragraph C.17.

4\. The Evaluation Committee may require the Offerors to submit
additional and/or supporting materials in accordance with Section II,
Paragraph C.25 and Paragraph C.26

> 5\. Responsive proposals will be evaluated on the factors in Section V
> that have been assigned a point value. The responsible Offerors with
> the highest scores will be selected as finalist Offerors based upon
> the proposals submitted. Finalist Offerors who are asked or choose to
> submit revised proposals for the purpose of obtaining best and final
> offers will have their points recalculated accordingly. Points awarded
> from the oral presentations and demonstration will be added to the
> previously assigned points to attain final scores. The respon­sible
> Offeror(s) whose proposal is most advanta­geous to NASPO and WSCA
> members, taking into consider­ation the evaluation factors in Section
> V, will be recommended for award to the NMSPA as speci­fied in Section
> II, Paragraph B.11. Please note, however, that a serious deficiency in
> the response to any one factor may be grounds for rejection regardless
> of overall score.

######### APPENDIX A

Acknowledgement of Receipt Form

ACKNOWLEDGEMENT OF RECEIPT FORM

######### 

######### REQUESTS FOR PROPOSALS

######### Computer Equipment, Software, Peripherals and Relates Services

######### \# 40-00016

######### 

In acknowledgement of receipt of this Request for Proposal the
undersigned agrees that he/she has received a complete copy, beginning
with the title page and table of contents, and ending with appendix C.

The acknowledgement of receipt should be signed and returned to the
Procurement Manager no later than close of business on October 10, 2003.
Although the written questions and answers and RFP amendments will be
posted on the NMSPA web site, the procurement distribution list will be
used for the distribu­tion any other official correspondence.

######### FIRM: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

######### 

######### REPRESENTED BY:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_TITLE:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 

######### 

######### E-Mail:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**PHONE NO**.: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_­\_\_\_\_\_\_\_\_\_\_\_\_
**FAX NO.**: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

######### 

######### ADDRESS: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_­

######### CITY: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ STATE: \_\_\_\_\_\_\_\_\_\_\_\_\_ZIPCODE:\_\_\_\_\_\_\_\_\_\_

**SIGNATURE**:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
**DATE**: \_\_\_\_\_\_\_\_\_\_\_\_­\_\_\_\_

.

Firm does/does not (circle one) intend to respond to this Request for
Proposals.

### The following name and address must be used for all correspondence related to the Request for Proposals. 

### 

### Terry S. Davenport

### Purchasing Division

### P. O. Drawer 26110

##  Santa Fe, New Mexico 87502-0110

Phone: (505) 827-0493

Fax: (505) 827-2484

**Terry.Davenport@state.nm.us**

######### APPENDIX B

Master Price Agreement Terms and Conditions

######### COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND 

######### RELATED SERVICES

######### MASTER PRICE AGREEMENT 4X-00016

This Agreement is made and entered into by
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

("Contractor") and the New Mexico State Purchasing Agent ("NMSPA") on
behalf of the State of New Mexico, participating members of the Nation
Association of State Procurement officials (NASPO), members of the
Western States Contracting Alliance (WSCA) and other authorized
Purchasing Entities.

The parties agree as follows:

> 1\. [Definitions]{.underline}
>
> "**Agreement Administrator**" means to a qualified, professional
> individual appointed by the NMSPA to administer this Agreement on
> behalf of the State of New Mexico, the participating NASPO and WSCA
> members and other authorized purchasers.
>
> "**Announced Promotion Price**" are prices offered nationally to
> specific categories of customers (Consumer, Business or government)
> for defined time \> periods under predefined terms and conditions.
>
> "**Consumables"** that are required for the operation of Equipment
> offered or supplied are included \-- printer cartridges, batteries,
> projector bulbs, etc. Consumables such as magnetic media, paper and
> generally available office supplies are excluded.
>
> "**Documentation**" refers to manuals, handbooks, and other
> publications listed in the PSS, or supplied with products listed in
> the PSS, or supplied in connection with services. Documentation may be
> provided on magnetic media or may be downloaded from the Contractor's
> web site.
>
> "**Educational Discount Price**" means the price offered in a
> nationally announced promotion \> , which is limited to educational
> customers only.
>
> **"Equipment**" refers to servers, workstations, desktop, laptop and
> handheld computing hardware including upgrade components such as
> memory, storage drives and spare parts.

\"**FCC**\" means the Federal Communications Commission or successor
federal agency. In the event of deregulation, this term applies to one
or more state regulatory agencies or other governing bodies charged to
perform the same, or similar, role.

> \>
>
> "**General Price Reduction Price**" means the price offered to
> consumer, business or governmental purchaser\> at prices lower than
> PSS pricing. General price reduction prices will be reflected in the
> PSS as soon as practical. \> \> \>
>
> "**General Purpose**" includes the following classes of Software:
> operating systems, report generators, spreadsheets, text and test
> processing, workgroup management, database, project management,
> messaging and electronic mail, graphics construction and presentation,
> publishing, data communications, statistical and/or analysis, virus
> protection, imaging, compilers and interrupters, utilities, programmer
> productivity and web site enabling tools. Adaptive/Assistive
> technology software is included as well as educational software
> designed for K-12 or university usage is included.
>
> "**Large Order Negotiated Price**" or "**Multiple Unit Price"** means
> the price offered to specific Purchasing Entities\> under defined
> additional terms and \> conditions. Selection and pricing of Large
> Order Negotiated Prices shall \> be \> by mutual agreement of the
> parties. Large Order Negotiated Prices shall \> apply only to those
> items that meet the applicable additional terms and conditions (e.g.,
> order quantity, time limitation, product configuration) negotiated by
> the parties. The negotiate price shall apply to a given Purchase Order
> or number of Purchase Orders submitted at the same time.
>
> "**Lead State**" means the State conducting this cooperative
> solicitation and centrally
>
> administering any resulting Master Price Agreement(s). New Mexico is
> the Lead State for this Agreement.
>
> "**Local-Area-Network**" ("**LAN**") refers to a high-speed, low-error
> data network covering a relatively small geographic area. LANs connect
> workstations, peripherals, terminals and other devices in a single
> building or other geographically limited area. Wireless transmission
> components and security devises are included. Cable and components
> required for the installation and operation of a LAN are included if
> installation services are offered. LAN hardware and software may be
> manufactured by a third party. Public data, voice or video transport
> services are excluded as well as hardware and software required to
> support a WAN.

"**Master Price Agreement**" mean an NMSPA approved Price Agreement that
contains the foundation terms and conditions for the acquisition of
Contractor's Products and/or Services by Purchasing Entities that
execute a Participating Addendum.

"**NASPO"** means the National Association of State Procurement
Officials

> "**Participating Addendum**" means a bilateral agreement executed by
> the Contractor and a Participating State or political subdivision of a
> State that clarifies the operation of the price agreement for the
> State or political subdivision concerned, e.g. ordering procedures
> specific to a State or political subdivision and other specific
> language or other requirements. Terms and conditions contained in a
> Participating Addendum shall take precedence over the corresponding
> terms in the master price agreement. Additional terms and conditions
> may be added via the Participating Addendum. However, a Participating
> Addendum may not alter the scope of this Agreement or any other
> Participating Addendum. One physically or digitally signed copy of
> each Participating Addendum shall be filed by the Contractor with the
> Agreement Administrator within five (5) days after execution.
>
> "**Participating Entity**" or "**Participating State"** means a member
> of NASPO or a political subdivision of a NASPO member who has
> indicated its intent to participate by signing an Intent to
> Participate, or who subsequently signs a Participating Addendum where
> required, or another state or political subdivision of another state
> authorized by WSCA to be a party to the resulting price agreement
> through the execution of a participating addendum.
>
> "**Peripherals**" include but are not limited to storage, printers
> (including multifunction network print/fax/scanner/copying devises),
> scanners, monitors, keyboards, cameras (digital and video used in
> conjunction with computing equipment), projectors, uninterruptible
> power supplies and accessories. Adaptive/Assistive technology devices
> are included as well as configurations for education. Peripherals may
> be manufactured by a third party, however, Contractor shall not offer
> any peripherals manufactured by another contractor holding a Master
> Price Agreement without the prior approval of the Agreement
> Administrator.
>
> "**Permissive Price Agreement**" means that placement of orders
> through this Price Agreement is discretionary with Purchasing
> Entities. They may satisfy their requirements through this Price
> Agreement without using statutory or regulatory procedures (e.g.
> invitations for bids) to solicit competitive bids or proposals.
> Purchasing Entities may, however, satisfy requirements without using
> this Price Agreement so long as applicable procurement statutes and
> rules are followed.
>
> "**Political Subdivision**" means local pubic governmental
> subdivisions of a state including instrumentalities and institutions
> thereof. Political subdivisions include cities, counties, courts,
> public schools and institutions of higher education.
>
> "**Price Agreement**" means an indefinite quantity contract that
> requires the Contractor to furnish Products or Services to a
> Purchasing Entity that issues a valid Purchase Order.

"**Products**" means computer Equipment, Peripherals, LAN hardware and
Software, and General Purpose Software but not services.

**"Products and Services Schedule"** or "**PSS**" refers to a complete
list, grouped by major product and/or service categories, of the
products and services provided by the contractor that consists of an
item number, item description and the Purchasing Entity\'s maximum price
for each product or service.

"**Products and Services Schedule Prices**" mean the maximum prices
offered to Participating Entities exclusive of Announced Promotional
Prices, Education Discount \> Prices, General Price Reductions, or Large
Order Negotiated Prices. All such products and services shall be listed
on the Contractor's web site accessible via a URL.

> "**Purchasing Entity**" means a Participating State or another legal
> entity, such as a political subdivision, properly authorized by a
> Participating State to enter into a contract for the purchase of goods
> described in this solicitation. Unless otherwise limited in this
> solicitation or in a Participating Addendum, political subdivisions of
> Participating States are Purchasing Entities and Participants
> authorized to purchase the goods and/or services described in this
> solicitation.
>
> "**Purchase Order**" means an electronic or paper document issued by
> the Purchasing Entity that directs the Contractor to deliver Products
> or Services pursuant to this Agreement.

"**Reseller Agent"** means a Contactor authorized and Participating
Entity approved company that may accept and fulfill purchase orders,
issue invoices and receive payments for Products and Services listed on
the Contractor's PSS at or below the price stated therein. Reseller
Agents shall be named by individual or by class in the Participating
Addendum.

> "**Servicing Subcontractor"** means a Contractor authorized and
> Participating Entity approved subcontractor who may provide local
> marketing support or other authorized services on behalf of the
> Contractor in accordance with the terms and conditions of this
> Agreement. A wholly-owned subsidiary or national company providing
> warranty or other technical support Services qualifies as a Servicing
> Subcontractor. Local business partners may qualify as Servicing
> Subcontractors. Servicing subcontractors may not directly accept
> purchase orders or payments for Products or Services from Purchasing
> Entities. Servicing Subcontractors shall be named by individual or by
> class in the Participating Addendum.

"**Services**" are broadly classed as installation/deinstallation,
maintenance, support, training, migration and optimization for Products
offered or supplied (sold or leased) under the master price agreement.
These types of services may include but are not limited to: warranty
services, maintenance, installation, de-installation, factory
integration (software or equipment components), asset management,
recycling/disposal, training and certification, pre-implementation
design, disaster recovery planning and support, service desk/helpdesk
and any other directly related technical support service required for
the effective operation of a Product offered or supplied. General
consulting and all forms of application development and programming
services are excluded.

> "**Software**" means machine-readable object code instructions that
> may be preloaded on Equipment or LAN hardware or listed separately in
> the PSS. The term "Software" applies to all parts of software,
> including new releases, updates, and modifications of software. For
> Software, the term "purchase" means "license". Contractor shall
> deliver applicable licenses to the Purchasing Entities with the
> Software.
>
> "**Trade In"** refers to the exchange of used Equipment for new
> Equipment at a price reduced by the value of the used Equipment.
>
> "**Travel**" means expenses incurred by authorized personnel directly
> related to the performance of a Service. All such expenses shall be
> documented in a firm quotation for the Purchasing Entity prior the
> issuance and acceptance of a Purchase Order.
>
> "**WSCA**" means the Western States Contracting Alliance, a
> cooperative group contracting consortium for state government
> departments, institutions, agencies and political subdivisions (i.e.,
> colleges, school districts, counties, cities, etc.,) for the states of
> Alaska, Arizona, California, Colorado, Hawaii, Idaho, Minnesota,
> Montana, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington,
> and Wyoming.
>
> \"**Wide Area Network**\" or \"**WAN**\" means a data network that
> servers users across a broad geographic area and often uses
> transmission devices provided by common carriers.

\"**Universal Resource Locator**\" or \"**URL**\" means a standardized
addressing scheme for accessing hypertext documents and other services
using the WWW browser.

2\. [Scope of Work]{.underline}

> The Contractor shall deliver computing system Products and Services to
> Purchasing Entities in accor­dance with the terms of this agree­ment.
> This Agreement is a "Price Agree­ment". Accord­ing­ly, the Con­tractor
> shall provide Products or Services only upon the issu­ance and
> accep­tance by Contractor of valid "Purchase Orders". Pur­chase Orders
> may be issued to pur­chase the license for software or to purchase or
> lease Prod­ucts listed on the Contractor's PSS. A Purchasing Entity may
> pur­chase any quantity of Prod­uct or Service listed in the Con­tractor's
> PSS at the prices in accordance the Paragraph 13, Price Guarantees.

3\. [Title Passage]{.underline}

> Title to equipment shall pass to the Purchasing Entity upon
> acceptance.

4\. [Permissive Price Agreement and Quantity Guarantee]{.underline}

> This Agreement is not an exclusive agreement. Purchasing Entities may
> obtain computing system Products and Services from other sources
> during the agreement term. The NMSPA, NASPO and WSCA make no express
> or implied war­ranties what­soever that any particular number of
> Purchase Orders will be issued or that any particu­lar quan­tity or
> dollar amount of Products or Ser­vices will be procured.

5\. [Order of Precedence]{.underline}

> Each Purchase Order that is accepted by the Con­tractor shall become a
> part of the Agree­ment as to the Products and Services listed on the
> Purchase Order only; no additional terms or conditions will be added
> to this Agreement as the result of acceptance of a Purchase Order. In
> the event of any con­flict among these docu­ments, the following order
> of precedence shall apply:
>
> A. Executed Participating Addendum(s);

B. terms and conditions of this Agreement;

C. exhibits and amendments to this agreement;

D. the list of products and services con­tained in the purchase order;

E. the request for proposals document 40-00016; and

F. Contractor\'s proposal including best and final offer.

6\. [Payment Provisions]{.underline}

> All payments under this Agreement are subject to the following
> provisions:

A.  Acceptance

> A Purchasing Entity shall determine whether all Prod­ucts and Services
> delivered meet the Contrac­tor's pub­lished specifications. No payment
> shall be made for any Products or Services until the Prod­ucts or
> Services have been accepted by the Purchasing Entity. Unless otherwise
> agreed upon between the Purchasing Entity and the Contrac­tor, within
> fifteen (15) days from the date the Purchasing Entity receives written
> notice from the Con­tractor that payment is request­ed for Ser­vices or
> within fifteen (15) days from the receipt of Prod­ucts, the Purchasing
> Entity shall issue a writ­ten certifica­tion of complete or par­tial
> accep­tance or rejection of the Products or Services. The Contractor
> agrees to accept all valid Purchase Orders.

B. Payment of Invoice

> Payments shall be submitted to the contractor at the ad­dress shown on
> the invoice. Payment shall be tendered to the Con­tractor within thirty
> (30) days of the date of certifica­tion. After the thirtieth day from
> the date that written certifica­tion of acceptance is issued, interest
> shall be paid on the unpaid bal­ance due to the contractor at the rate
> of one and one-half percent per month. The Purchasing Entity shall
> make a good-faith effort to pay within thirty (30) days after date of
> certification. Payments may be made via a Purchasing Entity's
> "Purchasing Card".
>
> In the event an order is shipped incomplete (par­tial), the Purchasing
> Entity shall pay for each shipment as invoiced by the Contractor
> unless the Purchasing Entity has clearly specified "No Partial
> Shipments" on each Purchase Order.

C. Payment of Taxes

> Payment of taxes for any money received under this agreement shall be
> the Contractor's sole respon­sibility and shall be reported under the
> Contrac­tor's federal and state tax identification numbers. If a
> Purchasing Entity is not exempt from sales, gross receipts, or local
> option taxes for the transaction, the Contractor shall be reimbursed
> by the Purchasing Entity to the extent of any tax liability assessed.

D. Invoices

Invoices shall be submitted to the Purchasing Entity.

7\. [Agreement Term]{.underline}

> The Agreement is effective February 13, 2003 or the date, thereafter,
> signed by the NMSPA. The Agreement shall expire on February 12, 2006.
> The Agreement may be mutually renewed for three (3) additional
> one-year terms unless terminated pursuant to the terms of this
> Agreement. In no event shall this agreement remain in effect beyond
> February 12, 2009.

8\. [Termination]{.underline}

> The following provisions are applicable in the event that the
> agreement is terminated.
>
> A. Termination for Convenience
>
> At any time, the NMSPA may terminate this agreement, in whole or in
> part, by giving the Contractor (30) days written notice; provided,
> however, neither the NMSPA nor a Purchasing Entity has the right to
> termi­nate a specific purchase order for convenience after it has been
> issued if the product is ulti­mately accepted. At any time, Contractor
> may terminate this Agreement, in whole or in part, by giving the
> Agreement Administrator thirty (30) days written notice. Such
> termination shall not relieve Contractor of warranty or other Service
> obligations incurred under the terms of this Agreement.

B. Termination for Cause

> Either party may terminate this Agreement for cause based upon
> material breach of this Agreement by the other party, provided that
> the non-breaching party shall give the breaching party written notice
> speci­fying the breach and shall afford the breach­ing party a
> reasonable opportunity to correct the breach. If within thirty (30)
> days after receipt of a written notice the breaching party has not
> corrected the breach or, in the case of a breach that cannot be
> corrected in thirty (30) days, begun and proceeded in good faith to
> correct the breach, the non-breaching party may declare the breaching
> party in default and terminate the Agree­ment effective immediately.
> The non-breaching party shall retain any and all other remedies
> available to it under the law.

C. A Purchasing Entity's Rights

> In the event this Agreement expires or is terminated for any reason, a
> Purchasing Entity shall retain its rights in all Products and Services
> accepted prior to the effective termi­nation date.

D. The Contractor's Rights

> In the event this Agreement expires or is terminated for any reason, a
> Purchasing Entity shall pay the Contractor all amounts due for
> Products and Services ordered and accepted prior to the effective
> termination date or ordered before the effective termination date and
> ultimate­ly accepted.

9\. [Non-Appropriation]{.underline}

> The terms of this Agreement and any purchase order issued for multiple
> years under this Agreement is contingent upon sufficient
> appro­priations being made by the Legislature or other appropriate
> governing entity. Notwithstanding any language to the contrary in this
> Agreement or in any purchase order or other document, a Purchasing
> Entity may terminate its obliga­tions under this Agreement, if
> sufficient appropriations are not made by the governing entity to pay
> amounts due for multiple year agreements. The Purchasing Entity's
> decision as to whether sufficient appropriations are available shall
> be accepted by the Contrac­tor and shall be final and binding.
>
> A Purchasing Entity shall provide sixty (60) days notice, if possible,
> of its intent to terminate for non-appropriation. Such termination
> shall relieve the Purchasing Entity, its officers and employees from
> any responsibility or liability for the payment of any further amounts
> under the relevant Purchase Order.

10\. [Shipment and Risk of Loss]{.underline}

A. All deliveries shall be F.O.B. destination with all transportation
and handling charges paid by the contractor. Responsibility and
liability for loss or damage shall remain the Contractor until final
inspection and acceptance when responsibility shall pass to the
Purchasing Entity except as to latent defects, fraud and Contractor's
warranty obligations.

B.  Whenever a Purchasing Entity does not accept Products and returns
    them to the Contractor, all related documentation furnished by the
    Contractor shall be returned also. Unless otherwise agreed upon by
    the Purchasing Entity, the Contractor is responsible for the pick-up
    of returned Products. The Contractor shall bear all risk of loss or
    damage with respect to returned Products except for loss or damage
    directly attri­butable to the negligence of the Purchasing Entity.

> C. Unless otherwise arranged between the Purchasing Entity and
> contractor, all shipments of Products shall be shipped second day by
> UPS, Federal Express, Airborne, Watkins, Eagle, USPS or other
> comparable, reliable and insured shipping company.

11\. [Warranties]{.underline}

A.  The Contractor agrees to warrant and assume responsibility for each
    Product that it licenses, leases, or sells, to the Purchasing Entity
    under this Agreement. The Contractor acknowledges that the Uniform
    Commercial Code applies to this Agreement. In general, the
    Contractor warrants that:

> 1\) the Product will do what the salesperson said it would do,

2.  the Product will live up to all specific claims that the
    manufacturer makes in their advertisements,

    3.  the Product will be suitable for the ordinary purposes for which
        such Product is used,

> 4\) the Product will be suitable for any *special purposes* that the
> Purchasing Entity has relied on the Contractor's skill or judgment to
> consider when it advised the Purchasing Entity about the Product,

5.  the Product has been properly designed and manufactured, and

6.  the Product is free of significant defects or unusual problems about
    which the Purchasing Entity has not been warned.

7.  Exhibit A contains additional warranties in effect as of the date of
    this Agreement. The following is a list of the warranties attached
    as Exhibit A:

> a\) (**Insert title**)
>
> b (**Insert title**)
>
> c\) (**Insert title**)

C.  Contractor may modify the warranties described in Exhibit A from
    time to time with the prior approval of the Agreement
    Administrator..

D.  Warranty documents for Products manufactured by a third party shall
    be delivered to the Purchasing Entity with the Products.

12\. [Patent, Copyright, Trademark and Trade Secret
Indemnifica­tion]{.underline}

> A. The Contractor shall defend, at its own expense, the State of New
> Mexico, Participating and Purchasing Entities and their agencies
> against any claim that any Product or Service provided under this
> Agree­ment infring­es any patent, copyright or trademark in the United
> States or Puerto Rico, and shall pay all costs, damages and attorneys'
> fees that a court finally awards as a result of any such claim. In
> addition, if any third party obtains a judgment against a Purchasing
> Entity based upon the Contrac­tor's trade secret infringe­ment relating
> to any Product or Service provided under this Agreement, the
> Contrac­tor agrees to reimburse the Lead State for all costs,
> attorneys' fees and the amount of the judg­ment. To qualify for such
> defense and/or payment, the Lead State or Participating or Purchasing
> Entity shall:
>
> 1\. give the Contractor prompt written notice of any claim;
>
> 2\. allow the Contractor to control the de­fense or settlement of the
> claim; and
>
> 3\. cooperate with the Contractor in a rea­sonable way to facilitate
> the defense or settlement of the claim.
>
> B. If any Products or Service becomes, or in the Con­trac­tor's opinion
> is likely to become the subject of a claim of in­fringement, the
> Contractor shall at its option and expense:
>
> 1\. provide a Purchasing Entity the right to contin­ue using the
> Products or Services;
>
> 2\. replace or modify the Products or Services so that it becomes
> non-infring­ing; or
>
> 3\. accept the return of the Products or Ser­vice and refund an amount
> equal to the depreci­ated value of the re­turned Products or Service,
> less the unpaid portion of the purchase price and any other amounts
> which are due to the contrac­tor. The Contrac­tor's obli­gation will be
> void as to any Products or Ser­vices modified by the Purchasing Entity
> to the extent such modi­fication is the cause of the claim.

13\. [Price Guarantees]{.underline}

> The Purchasing Entities shall pay the lower of the prices contained in
> the PSS or an Announced Promotion Price, Educational Discount Price,
> General Price Reduction price, Trade-In price, or Large Order
> Negotiated Price. Only General Price Reduction price decreases will
> apply to all subsequent Purchase Orders accepted by Contractor after
> the date of the issuance of the General Price Reduction prices.

14\. [Product and Service Schedule]{.underline}

> The Contractor agrees to maintain the PSS in accordance with the
> following provisions:
>
> A. The PSS prices for Products and Services will conform to the
> guaranteed prices discount levels on file with Agreement
> Administrator.
>
> B. The Contractor may change the price of any Product or Service at
> any time, based upon baseline price changes, but the guaranteed price
> discount levels shall remain unchanged during the agreed period unless
> prior approval is obtained from the Agreement Administrator.

C.  The Contractor may make model changes, add new Products, and Product
    upgrades or Services to the PSS at any time. The pricing for these
    changes shall incorporate, to the extent possible, comparable price
    discount levels approved by the Agreement Administrator for similar
    Products or Services.

> D. The Contractor agrees to delete obsolete and discontinued Products
> from the PSS on a timely basis­­­­­.
>
> E. Major model changes shall be incorporated in the PSS as soon as
> possible after the announcement. In conjunction therewith or as soon
> as possible, the Agreement Administrator shall negotiate and approve a
> price discount level for the new Product line as comparable as
> possible to the price discount level established for similar Products.
>
> F. The Contractor shall maintain the PSS on a Contractor supplied
> Internet web site.

15\. [Product Substitutions]{.underline}

> Unless otherwise limited or prohibited in a Participating Addendum,
> the Contractor may make Product substitutions either to the internal
> system components, options or external Peripherals as long as the
> substitute item is the same or better technology at the same or lower
> price. Delivery order modifications will not be required. The invoice
> will reflect the actual Products shipped NOT the Products ordered. To
> effect administrative savings, Purchasing Entities are instructed to
> make payments in accordance with this paragraph without requiring a
> delivery order modification. The following note will appear on the
> invoice.
>
> **\"In accordance with the Product Substitutions paragraph in the
> Master Price Agreement, (name of contractor) has substituted a Product
> on this order. The substitution is the same or better technology at
> the same or lower price.\"**

16\. [Technical Support]{.underline}

> The Contractor agrees to maintain a toll-free technical support
> telephone line. The line shall be accessible to Purchasing Entity
> personnel who wish to obtain competent technical assistance regarding
> the installation or operation of Products supplied by the Contrac­tor.

17. [Takeback/Environment/Energy Efficiency Programs]{.underline}

> Contractor agrees to maintain for the term of this Agreement and all
> renewals/extensions thereof programs as described in the following
> paragraphs.

A.  Takeback:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

B.  Environment:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

> C. Energy
> Efficiency\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

18\. [Product Delivery]{.underline}

> Contractor agrees to deliver Products to Purchasing Entities within
> [(insert number of days]{.underline}) (X) days after receipt of a
> valid Purchase Order.

19\. [Impracticality of Performance]{.underline}

> A party shall be excused from performance under this Agreement for any
> period that the party is prevented from performing as a result of an
> act of God, strike, war, civil disturbance, epidemic, or court order,
> provided that the party has prudent­ly and promptly acted to take any
> and all steps that are within the party's control to ensure
> performance. Subject to this pro­vision, such non-perfor­mance shall not
> be deemed a default or a ground for termination.

20\. [Records and Audit]{.underline}

> Contractor agrees to maintain detailed records pertaining to the price
> of Services rendered and Products delivered for a period of three
> years from the date of acceptance of each Purchase Order. These
> records shall be subject to inspection by the Purchasing Entity and
> appropriate governmental authorities with the Purchasing Entity's
> state. The Purchasing Entity shall have the right to audit billings
> either before or after payment. Payment under this Agreement shall not
> foreclose the right of the Purchasing Entity to recover excessive or
> illegal payments.

21\. [Independent Contractor]{.underline}

> The Contractor and its agents and employees are independent
> contractors and are not employees of the State of New Mexico or of any
> participating entity. The Contractor has no authorization, express or
> implied to bind the Lead State, NASPO, WSCA or any participating
> entity to any agreements, settlements, liability or understanding
> whatsoever, and agrees not to perform any acts as agent for the Lead
> State, NASPO, WSCA, or participating entity, except as expressly set
> forth herein. The Contractor and its agents and employees shall not
> accrue leave, retirement, insurance, bonding, use of state vehicles,
> or any other benefits afforded to employees of the Lead State or
> Participating Entity as a result of this Agreement.

22\. [Use of Servicing Subcontractors and Reseller Agents]{.underline}

> The Contractor may subcontract Services and Purchase Order fulfillment
> and/or support in accordance with the following paragraphs. However,
> the Contractor shall remain solely responsible for the perfor­mance of
> this Agreement.

A.  Servicing Subcontractors shall be identified individually or by
    class in the applicable Participating Addendum. All Purchasing
    Entity payments for Products or Services shall be make directly to
    the Contractor.

B.  If Reseller Agents are to be used, the name of the authorized
    Reseller Agent(s) shall be identified individually or by class in
    the applicable Participating Addendum. Reseller Agents may accept
    and fulfill a Purchase Order on behalf of the Contractor as well as
    issuing invoices and receiving payments for Products and Services.
    The Purchase Order(s) shall include the Contractor's Master Price
    Agreement number. Reseller Agents shall abide by the terms and
    conditions of the Contactor's Master Price Agreement and all
    modifications made thereto by an applicable Participating Addendum.
    The Contractor is responsible for reporting all Reseller Agent sales
    as part of the utilization reporting described in Paragraph 46 of
    this Agreement.

23\. [Indemnification]{.underline}

> The Contractor shall hold the Lead State, Participating Entities and
> its agencies and employ­ees harmless and shall indemni­fy the Lead
> State, Participating Entities and its agencies and employees against
> any and all claims, suits, actions, liabili­ties and costs of any kind,
> including attor­ney's fees for personal injury or damage to property
> arising from the acts or omis­sions of the contractor, its agents,
> offi­cers, employees or subcontractors. Contractor shall not be liable
> for damages that are the result of negligence by the Lead State,
> Participating Entity, or its employees.

24\. [Amendments]{.underline}

> This Agreement shall only be amended by written instrument executed by
> the parties.

25\. [Scope of Agreement]{.underline}

> This Agreement incorporates all of the agreements of the parties
> concerning the subject matter of this Agreement, and all prior
> agreements have been merged into this Agreement. No prior agreements,
> verbal or otherwise, of the parties or their agents shall be valid or
> enforceable unless embodied in this Agreement.

26\. [Invalid Term or Condition]{.underline}

> If any term or condition of this Agreement shall be held invalid or
> unenforceable, the remainder of this Agreement shall not be affect­ed
> and shall be valid and enforceable.

27\. [Enforcement of Agreement]{.underline}

> A party's failure to require strict performance of any provision of
> this Agreement shall not waive or diminish that party's right
> thereafter to demand strict compliance with that or any other
> provision. No waiver by a party of any of its rights under this
> Agreement shall be effective unless express and in writing, and no
> effective waiver by a party of any of its rights shall be effective to
> waive any other rights.

28\. [Web Site Maintenance]{.underline}

> Contractor agrees to maintain and support an Internet website for
> access to the PSS, service selection assistance, problem resolution
> assistance, configuration assistance, Product descriptions, Product
> specifications and other aids in accordance with instructions provided
> by the Agreement Administrator. In addition, Contractor may provide
> electronic commerce assistance for the electronic submission of
> Purchase Orders, purchase order tracking and reporting.

29\. [Equal Opportunity Compliance]{.underline}

> The Contractor agrees to abide by all applicable laws, regulations,
> and executive orders pertaining to equal employ­ment opportunity,
> including federal laws and the laws of the state in which it's primary
> place of business is located. In accordance with such laws,
> regulations, and executive orders, the Contractor agrees that no
> person in the United States shall, on the grounds of race, color,
> religion, national origin, sex, age, veteran status or handicap, be
> excluded from employment with or participation in, be denied the
> benefits of, or be otherwise subjected to discrimination under any
> program or activity performed by the contractor under this Agreement.
> If the Contractor is found to be not in compliance with these
> requirements during the life of this Agreement, the Contractor agrees
> to take appropriate steps to correct these deficiencies.

30\. [Limitation of Liability]{.underline}

> The Contractor's liability to a Purchasing Entity for any cause
> whatsoever shall be limited to the purchase price paid to the
> contractor for the products and services that are the subject the
> Purchasing Entity's claim. The foregoing limitation does not apply to
> Para­graphs 12 and 23 of this Agreement or to damages resulting from
> personal injury caused by the Contractor's negli­gence. In no event
> shall the Contractor be liable for any indirect, special or
> consequen­tial damages arising out of this Agreement or the use of the
> Products purchased by the Purchasing Entity hereunder.

31\. [Governing Law]{.underline}

> This Agreement shall be governed and construed in accordance with the
> laws of the Lead State. The construction and effect of any
> Participating Addendum or order against this Agreement shall be
> governed by and construed in accordance with the laws of the
> Purchasing Entity's state. Venue for any claim, dispute or action
> concerning the construction and effect of the Agreement shall be in
> the Lead State. Venue for any claim, dispute or action concerning an
> order placed against this Agreement or the effect of a Participating
> Addendum or shall be in the Purchasing Entity's state.

32\. [Change in Contractor Representatives]{.underline}

> Contractor shall appoint a primary representative to work with the
> Agreement Administrator to maintain, support and market this
> Agreement. The NMSPA reserves the right to require a change in
> Contractor's then-current primary representative if the assigned
> representative is not, in the opinion of the NMSPA, serving the needs
> of the Lead State and the Participating Entities adequately.

33\. [Release]{.underline}

> The Contractor, upon final payment of the amount due under this
> Agreement, releases the NMSPA, the Lead State and Participating
> Entities its officers and employees, from all contractual liabilities,
> claims and obligations whatsoever arising from or under this
> Agreement. The Contractor agrees not to purport to bind the Lead State
> or any Participating Entity to any obligation, unless the Contractor
> has express written authori­ty to do so, and then only within the
> strict limits of the authori­ty.

34\. [Confidentiality]{.underline}

> Any confidential information provided to or developed by the
> Contractor in the performance of this Agreement shall be kept
> confidential and shall not be made available to any individual or
> organization by the Contractor without the prior written approval of
> the Purchasing Entity.

35\. [Conflict of Interest]{.underline}

> The Contractor warrants that it presently has no interest and shall
> not acquire any interest, direct or indirect, which would conflict in
> any manner or degree with the Contractor's performance under this
> Agreement.

36\. [Replacement Parts]{.underline}

> Unless otherwise restricted in a Participating Addendum or maintenance
> service agreement, replace­ment parts may be refur­bished.

37\. [FCC Certification]{.underline}

> The Contractor agrees that Equipment supplied by the Contractor meets
> all applicable FCC Certifications. Improper, falsely claimed or
> expired FCC certifications are grounds for termina­tion of this
> Agreement for cause.

38\. [Site Preparation]{.underline}

> A Purchasing Entity shall prepare and maintain its site in accordance
> with written instructions furnished by the Contractor prior to the
> scheduled delivery date of any Products and shall bear the costs
> associated with the site preparation.

39\. [Assignment]{.underline}

> The Contractor shall not assign nor transfer any interest in this
> Agreement or assign any claims for money due or to become due under
> this Agreement without the prior written approval of the NMSPA.
> Contractor may assign lease payments in accordance to specific
> provisions stated in a Purchasing Addendum.

40\. [Agreement Administrator]{.underline}

> The NMSPA shall appoint an Agreement Administrator whose duties shall
> include but not be limited to the following:
>
> A. The Agreement Administrator may provide instructions concerning the
> contents of the Contractor's website.
>
> B. The Agreement Administrator will facilitate dispute resolution
> between the Contractor and Purchasing Entities. Unresolved disputes
> shall be presented to the NMSPA for resolu­tion.

C.  The Agreement Administrator shall promote and support the use of
    this Agreement by NASPO members and other Participating Entities.

D.  The Agreement Administrator shall advise the NMSPA regarding the
    Contractor's performance under the terms and conditions of this
    Agreement.

E.  The Agreement Administrator shall receive and approve quar­terly
    price agreement utilization reports and the administration fee
    payments.

> F. The Agreement Administrator shall periodically verify the Product
> and Service prices in the PSS conform to the contractor's volume price
> and other guarantees. The Agreement Administrator may require the
> Contractor to perform web site audits to accomplish this task.
>
> G. The Agreement Administrator shall conduct annual Contractor
> performance reviews.

I.  The Agreement Administrator shall maintain an Agreement
    administration website containing timely and accurate information.

42\. [Survival]{.underline}

> Certain paragraphs of this agreement including but not limited to
> Patent, Copyright, Trademark, and Trade Secret Indemnification;
> Indemnification; and Limit of Liability shall survive the expiration
> of this agreement. Software licenses, lease, warranty and service
> agreements that were entered into under the terms and conditions of
> this Agreement shall survive this Agree­ment.

43\. [Lease Agreements]{.underline}

> Contractor may lease Equipment and Software to Purchasing Entities in
> accordance with terms and conditions approved by the appropriate
> governing authority for the Purchasing Entity's jurisdiction. Such
> approval shall be indicated in the Participating Addendum.

44\. [Succession]{.underline}

> This Agreement shall be entered into and be binding upon the
> successors and assigns of the parties.

######## 45. [Notification]{.underline}

> Either party may give written notice to the other party in accordance
> with the terms of this paragraph 45. Any written notice required or
> permitted to be given hereun­der shall be deemed to have been given on
> the date of delivery if delivered by personal service or hand delivery
> or three business days after being mailed.

To NMSPA:

New Mexico State Purchasing Agent

Purchasing Division

Joseph M. Montoya State Building, Room 2016

1100 St. Francis Drive

> Santa Fe, New Mexico 87505

Or

P.O. Drawer 26110

Santa Fe, New Mexico 87502-0110

To Contractor:

(insert name and address)

> Either party may change its representative or address above by written
> notice to the other in accordance with the terms of this Paragraph 45.
> The carrier for mail delivery and notices shall be the agent of the
> sender.

######## 46. [Administration Reporting and Fees]{.underline}

> A. The Contractor agrees to provide periodic utilization reports to
> the Agreement Administrator in accor­dance with the following schedule:
>
> [Period End]{.underline} [Report Due]{.underline}
>
> June 30 July 31
>
> September 30 October 31
>
> December 31 January 31
>
> March 31 April 30
>
> B. The periodic report shall include the net (gross sales minus
> returns) sales for the period subtotaled by Purchasing Entity name,
> within the Purchasing Entity\'s state name. The report shall be
> accompanied with a check payable to Western States Contracting
> Alliance for an amount equal to one-twentieth of one percent (0.0005)
> of the net sales for the period.

A.  The Contractor agrees to include all Reseller Agent sales in the
    periodic utilization reports described above. In addition, the
    Contractor agrees to provide a supplemental Reseller Agent
    utilization report of the net sales for the period subtotaled by
    Purchasing Entity name, within Purchasing Entity state name by
    Reseller Agent Name.

B.  The Contractor agrees to provide with the quarterly utilization
    report a supplemental report of the number and type of units taken
    back within state name.

C.  The utilization reports shall be submitted to the Agreement
    Administrator via electronic mail in a Microsoft Excel spreadsheet
    format.

D.  If requested by the Agreement Administrator, the Contractor agrees
    to provide supporting Purchase Order detail records on
    mutually-agreed magnetic media in a mutually-agreed format.

> G. The failure to file the utilization reports and fees on a timely
> basis shall constitute grounds for the removal of the Contractor\'s
> primary representative, suspension of this Agreement or termination of
> this Agreement for cause.

45\. [Default and Remedies]{.underline}

> A. Any of the following shall constitute cause to declare this
> Agreement or any order under this Agreement in default:
>
> \(1\) Nonperformance of contractual requirements; or
>
> \(2\) A material breach of any term or condition of this Agreement.
>
> B. A written notice of default, and an opportunity to cure, shall be
> issued by the party claiming default, whether the Lead State (in the
> case of breach of the entire Agreement), a Participating Entity (in
> the case of a breach of the participating addendum), the Purchasing
> Entity (with respect to any order), or the Contractor. Time allowed
> for cure shall not diminish or eliminate any liability for liquidated
> or other damages.

C. If the default remains after the opportunity for cure, the
non-defaulting party may:

\(1\) Exercise any remedy provided by law or equity;

> \(2\) Terminate the Agreement a Participating Addendum ,or any portion
> thereof, including any Purchase Orders issued against the Agreement;
>
> \(3\) Impose liquidated damages, as specified in a Participating
> Addendum;

\(4\) In the case of default by the Contractor, and to the extent
permitted by the law of the Participating State or Purchasing Entity,
suspend Contractor from receiving future solicitations.

46\. [Audits]{.underline}

A. The Contractor agrees to assist the Agreement Administrator or
designee with web site Product and pricing audits based on mutually
acceptable procedures.

> B. The Contractor agrees to assist Participating Entities with invoice
> audits to ensure that the Contractor is complying with this Agreement
> in accordance with mutually agreed procedures set forth in the
> Participating Addendum.

47\. [Extensions]{.underline}

> Unless prohibited by provision in a Participating Addendum, Contractor
> may, at the sole discretion of Contractor, offer Products and Services
> to non-profit organizations, private schools, Native American
> governmental entities, government employees and students within the
> governmental jurisdiction of the entity completing the Participating
> Addendum with the understanding that the governmental entity has no
> liability whatsoever concerning payment for Products or Services. It
> is further understood that the Contractor is under no obligation to
> report the revenue or pay an administration fee on the sales from such
> organizations and individuals.

IN WITNESS WHEREOF, the parties have executed this agreement as of the
date of execution by the New Mexico State Purchasing Agent, below.

State of New Mexico Contractor

State Purchasing Agent (Contractor Name)

By:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ By:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Michael C. Vinyard Title:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**PARTICIPATING ADDENDUM**

######### COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND RELATED SERVICES 

(Contractor's Name[)]{.underline} MASTER PRICE AGREEMENT

> 4X-00016
>
> (Participating Entity Name)
>
> 1\. [Scope]{.underline}**: (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]{.underline}: **(Insert specific changes or a statement
> that no changes are required)**
>
> 3\. [Lease Agreements]{.underline}: **(Insert a statement whether or
> not the lease agreement terms and conditions have been approved for
> use by the governmental entity)**
>
> 4\. [Primary Contact]{.underline}: The primary participating entity
> contact for this participating addendum is as follows:
>
> **Name**
>
> **Participating Entity Name**
>
> **Address**
>
> **Telephone:**
>
> **Fax:**
>
> **E-mail:**
>
> 5\. [Servicing Subcontractors:]{.underline} The following servicing
> contractors are authorized:
>
> (**Insert servicing subcontractors' name or include a statement**
> **such as all contractor authorized business partners in the State of
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**)
>
> 6\. [Reseller Agents]{.underline}: The following reseller agents are
> authorized:
>
> (**Insert servicing subcontractors' name or include a statement**
> **such as all contractor authorized business partners in the State of
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**)
>
> 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.

IN WITNESS WHEREOF, the parties have executed this Addendum as of the
date of execution by Contractor below.

By:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ By:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Name:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Title:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Title:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

######### APPENDIX C

######### PRICING CONFIGURATION FORMS

##### SERVER ONE

##### Price Configuration Form One

##### MINIMUM REQUIREMENTS

## Application: File/Print Server

## Type: Rack

Processors: 2 Processors Max - \_\_\_ Processors Included

Processor: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (or
equivalent)

Cache: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Memory: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_MB RAM
\_\_\_\_\_\_\_\_\_\_\_\_\_\_ SDRAM

Graphics: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Storage: RAID, Dual Channel \_\_\_\_\_\_\_\_\_\_\_GB

Software Win 2000 Server (or equivalent)

Warranty: 3 year parts and labor, 3 years On-site at Santa Fe, New
Mexico

Takeback: Pick Up/Ship From In Santa Fe New Mexico

TOTAL CONFIGURATION PRICE \$ \_\_\_\_\_\_\_\_\_\_\_\_

Cross Reference to PSS Item number (s):
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Comments:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

#########  

######### 

#####  

##### MID-RANGE SERVER TWO

##### Price Configuration Form Two

##### MINIMUM REQUIREMENTS

## Application: Mid-Range 

## Type: Rack 

Processors: 1.2 GHz Minimum - \_\_\_ Processors Included

Processor: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (or
equivalent)

## Cache: 512K per processor

Memory: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_MB RAM
\_\_\_\_\_\_\_\_\_\_\_\_\_\_ SDRAM

System Controller: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Internal Storage: Two 36GM Hard Drives

Storage: RAID, Dual Channel \_\_\_\_\_\_\_\_\_\_\_GB

Operating Software: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ( or equivalent)

Warranty: 3 year parts and labor, 3 years On-site at Santa Fe, New
Mexico

Takeback: \$ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Pick Up/Ship From In
Santa Fe New Mexico

TOTAL CONFIGURATION PRICE \$ \_\_\_\_\_\_\_\_\_\_\_\_

Cross Reference to PSS Item number (s):
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Comments:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

#########  

**DESKTOP**

##### Price Configuration Form Three

##### *MINIMUM REQUIREMENTS*

Processor: Single \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (or equivalent)

Cache: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_K

Memory: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_MB

Monitor: 17\" Color Monitor

Graphics: Graphics Accelerator (4MB AGP)

Sound: Standard 16-Bid Sound Card

Video: Integrated Video Card

Hard Drive: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ***GB***

Floppy Drive: 3.5\" 1.44MB Diskette Drive

CD -ROM: 32X Speed

Network: Network Card

Keyboard: 104+ Keyboard

Mouse: MS IntelliMouse

Operating System: Microsoft Windows 2000 (or equivalent)

Warranty: 3 year parts and labor, 3 year On-site Santa Fe, New Mexico

Takeback: \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Pick up/Ship From at
Santa Fe, New Mexico

TOTAL CONFIGURATION PRICE \$ \_\_\_\_\_\_\_\_\_\_\_\_

Cross Reference to PSS Item number(s):
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Comments:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**LAPTOP**

##### Price Configuration Form Four

##### MINIMUM REQUIREMENTS

Processor: Single \_\_\_\_\_\_\_\_\_\_\_\_\_\_ (or equivalent)

Memory: \_\_\_\_\_\_\_\_\_\_\_\_\_MB

Cache: \_\_\_\_\_\_\_\_\_\_\_\_\_\_

Screen: 13\" or larger Color Display

Network: Integrated Modem/Network Card

Hard Drive: \_\_\_\_\_\_\_\_\_ ***GB***

Floppy Drive: 3.5\" 1.44MB Diskette Drive

CD -ROM: 32X Speed

Sound: \_\_\_ Bit Integrated Sound Card

Operating System: Microsoft Windows 2000 (or equivalent)

Case: Leather Carrying Case

Warranty: 1 year parts and labor, Off-site

Takeback: \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Pick up/Ship From at
Santa Fe, New Mexico

TOTAL CONFIGURATION PRICE \$ \_\_\_\_\_\_\_\_\_\_\_\_

Cross Reference to PSS Item number (s)
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Comments:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

#########  

**PRINTER**

##### Price Configuration Form Five

##### MINIMUM REQUIREMENTS

Application: Personal/Small Workgroup

Type: Black and White

Speed: 20 ppm

Quality: 1200 X 1200 dpi

Connect: IEEE 1284 Compliant bi-directional parallel LIO Adaptor, USB

Media Sizes: Letter, Legal, index card, #10 Envelopes

Memory: 16 MB

Warranty: 3 year parts and labor, On-site Santa Fe, New Mexico

Takeback: \$\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Pick up/Ship From at
Santa Fe, New Mexico

TOTAL CONFIGURATION PRICE \$ \_\_\_\_\_\_\_\_\_\_\_\_

Cross Reference to PSS Item number (s)
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Comments:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

#########  

**APPENDIX D**

## **Mandatory Requirements Checklist** 

**MANDATORY REQUIREMENTS CHECKLIST**

+--------+-------------------------------------------------------------+
| Yes /  | Complete Acknowledgement of Receipt Form and deliver the    |
| No     | completed form to the Procurement Manager by close of       |
|        | business, October 10, 2003.                                 |
+--------+-------------------------------------------------------------+
| Yes /  | Offerors shall deliver one original and two (2) identical   |
| No     | copies of their proposal to the Procurement Manager to the  |
|        | location specified Section II, Para­graph B6 on or before    |
|        | the closing date and time for receipt of proposals. Two (2) |
|        | additional, identical copies shall be delivered to each     |
|        | state representative as specified in Section II, Paragraph  |
|        |                                                             |
|        | B6.                                                         |
+--------+-------------------------------------------------------------+
| Yes /  | The proposal must be organized and indexed as specified in  |
| No     | Paragraph III.C.1.                                          |
+--------+-------------------------------------------------------------+
| Yes /  | Each proposal must be accompanied by a letter of            |
| No     | transmittal. This letter of transmittal MUST:               |
|        |                                                             |
|        | a\) identify the submitting organization;                   |
|        |                                                             |
|        | b\) identify the name and title of the person authorized by |
|        | the organization to contractually obligate the              |
|        | organization;                                               |
|        |                                                             |
|        | c\) identify the name and title of the person authorized to |
|        | negotiate the contract on behalf of the organization;       |
|        |                                                             |
|        | d\) identify the names, titles, and telephone numbers of    |
|        | persons to be contacted for clarification;                  |
|        |                                                             |
|        | e\) explicitly indicate acceptance of the Conditions        |
|        | Governing the Procurement stated in Section II, Paragraph   |
|        | C.1;                                                        |
|        |                                                             |
|        | f\) be signed by the person authorized to contractually     |
|        | obligate the organization; and                              |
|        |                                                             |
|        | g\) acknowledge receipt of any and all amendments to this   |
|        | RFP.                                                        |
+--------+-------------------------------------------------------------+
|        | ***SPECIFICATIONS***                                        |
|        |                                                             |
|        | ***(Mandatory)***                                           |
+--------+-------------------------------------------------------------+
| Yes/No | [Corporate Overview]{.underline}                            |
|        |                                                             |
|        | Offerors provide a brief history and description of their   |
|        | company including but not limited to                        |
|        |                                                             |
|        | Facilities, Personnel, State Contracts, Organization,       |
|        | Complaint Resolution, Preference Programs, and Agent        |
|        | Reseller Usage.                                             |
+--------+-------------------------------------------------------------+
| Yes /  | [Product and Services Delivery Overview]{.underline}        |
| No     |                                                             |
|        | Offerors must, at a minimum, manufacture and offer a server |
|        | with the configuration as defined in Appendix C, Cost       |
|        | Response Form One. Offerors must thoroughly describe the    |
|        | breadth of their Product and Service offerings: Computing   |
|        | Equipment, Operating Systems, Peripherals, Software.        |
+--------+-------------------------------------------------------------+
| Yes /  | [Reporting]{.underline}                                     |
| No     |                                                             |
|        | Offerors must agree to provide quarterly utilization        |
|        | reports to the agreement                                    |
|        |                                                             |
|        | Administrator based upon the schedule and minimum content   |
|        | as described in                                             |
|        |                                                             |
|        | Paragraph 46 of the Price Agreement, Appendix B. Offerors   |
|        | must describe their ability and commitment to meet this     |
|        | requirement and include a sample quarterly report with the  |
|        | proposal.                                                   |
+--------+-------------------------------------------------------------+
| Yes /  | [Electronic Commerce]{.underline}                           |
| No     |                                                             |
|        | Offerors must describe their ability to provide and         |
|        | maintain, at a minimum, an Internet web site that contains  |
|        | the complete PSS, the URL plus a description of electronic  |
|        | processing and auditing..                                   |
+--------+-------------------------------------------------------------+
| Yes /  | [Primary Account Representative]{.underline}                |
| No     |                                                             |
|        | Offerors must identify by name and location both the        |
|        | proposed primary account representative who will be         |
|        | responsible for the performance of the Master Price         |
|        | Agreement. A resume must be included for the named          |
|        | individual.                                                 |
+--------+-------------------------------------------------------------+
| Yes /  | [References]{.underline}                                    |
| No     |                                                             |
|        | Offerors must submit five (5) written [letters of           |
|        | reference]{.underline} from current or previous states or   |
|        | other larger governmental (not federal) entities that have  |
|        | or are currently receiving similar products and services to |
|        | those proposed by the Offeror for this solicitation. In     |
|        | addition to the [letter of reference]{.underline}**,** each |
|        | refer­ence must include the name of the contact person,      |
|        | street address, telephone number, e-mail address and        |
|        | description of products and services provided.              |
+--------+-------------------------------------------------------------+
| Yes /  | [Rollout and Marketing Plan]{.underline}                    |
| No     |                                                             |
|        | Offerors must submit a thorough rollout plan as part of the |
|        | proposal. At a minimum, the response should include a       |
|        | description of the methodology (mailings, meetings,         |
|        | seminars, press releases, personal contacts) proposed,      |
|        | dates and location of activities, and a Gantt chart         |
|        | including tasks to be performed and the timeframe for the   |
|        | completion of each task.                                    |
|        |                                                             |
|        | Offeror must identify the contracting personnel who will be |
|        | assisting states with the completing and processing of      |
|        | Participating Addenda. A resume must be included in the     |
|        | Offerors proposal for the first five named individuals.     |
+--------+-------------------------------------------------------------+
| Yes/No | [Oral Presentation and Demonstration]{.underline}           |
|        |                                                             |
|        | If selected as a finalist, Offerors agree to allow the      |
|        | Evalua­tion Committee to meet with and question the proposed |
|        | primary account representative at the oral presentation.    |
|        | The proposed primary account manager or representative is   |
|        | expected to conduct the presentation. Offerors may be       |
|        | required to demonstrate their Internet web site functions   |
|        | to the Evaluation Committee. A statement of acknowledgement |
|        | and concurrence with this requirement is required.          |
+--------+-------------------------------------------------------------+
| Yes /  | [Pricing Level and Guarantee]{.underline}                   |
| No     |                                                             |
|        | Offerors must submit with their proposal a narrative that   |
|        | describes the baseline (published) pricing and the initial  |
|        | pricing level discount that is proposed, by type or         |
|        | category of Products and Services as reflected in the PSS.  |
|        | The response to this specification must be in the form of a |
|        | percentage discount from a published or base line price     |
|        | listing. Offerors must describe the base line pricing and   |
|        | provide information where the baseline pricing may be       |
|        | accessed and verified. In addition, Offerors holding        |
|        | federal General Services Administration contracts shall     |
|        | provide the corresponding GSA percentage discount from the  |
|        | same baseline.                                              |
+--------+-------------------------------------------------------------+
| Yes /  | [Products and Services Schedule]{.underline}                |
| No     |                                                             |
|        | Offerors must submit with their proposals a complete        |
|        | Product and Services Schedule including all the Services    |
|        | and Equipment offered for education, state and local        |
|        | government procuring agencies at the initial pricing level  |
|        | stated in response to the previous specification. The PSS   |
|        | may be submitted in Microsoft Word or Excel format on 3.5   |
|        | inch diskettes or a CD-ROM or web page (provide URL).       |
+--------+-------------------------------------------------------------+
| Yes /  | [Revised Price Agreement/Proposal on Diskette]{.underline}  |
| No     |                                                             |
|        | Offerors must submit with their proposal 3.5\" diskette (s) |
|        | or CD-ROM that contains the proposed revised Master Price   |
|        | Agreement terms and conditions and the entire proposal.     |
|        | Both documents shall be in Microsoft Word format. The       |
|        | revised Master Price Agreement shall have the changes       |
|        | highlighted.                                                |
+--------+-------------------------------------------------------------+
| Yes /  | [Financial Strength]{.underline}                            |
| No     |                                                             |
|        | Offerors must include a statement concerning their          |
|        | financial strength supported by an annual report or other   |
|        | relevant information including the latest Dun & Bradstreet  |
|        | report.                                                     |
+--------+-------------------------------------------------------------+
| Yes/No | [Takeback/Environmental Programs]{.underline}               |
|        |                                                             |
|        | Offerors must describe their Equipment Takeback/recycling   |
|        | program by addressing each of the following: date the       |
|        | program is or will be in operation, type of Equipment, LAN  |
|        | hardware and/or Peripherals being taken back or proposed to |
|        | be taken back, volume of Equipment being recycled/disposed  |
|        | or proposed, certificates of lawful disposal, disk storage  |
|        | cleaning, takeback charges by type of Equipment, compliance |
|        | with the European Union's WEEE Directive requiring the      |
|        | recycle or reuse of old Equipment and compliance with       |
|        | federal or other regulatory authorities regarding disposal  |
|        | of electronic equipment.                                    |
|        |                                                             |
|        | Offerors must describe their Product environmental          |
|        | improvement program in each of the following areas:         |
|        | reduction/minimization/avoidance of the use of toxic and    |
|        | hazardous constituents (cadmium, chromium, mercury, lead,); |
|        | compliance with international directives such as the        |
|        | European Union's Directive " Restriction of Hazardous       |
|        | Substances", reduction of chlorinated plastics (PVC) and    |
|        | brominated flame retardants; certification by independent   |
|        | third party eco-labeling programs (TCO, Blue Angel, and     |
|        | Nordic Swan); and the migration to the use of recyclable,   |
|        | nontoxic packaging. Offerors must specifically identify     |
|        | each Equipment or Peripheral model number that has been     |
|        | certified and the type of certification obtained. In        |
|        | addition, offerors must list the model numbers of units     |
|        | being submitted for certification as well a schedule for    |
|        | any remaining units. Finally, offerors must describe how    |
|        | certified units are labeled and identified as such on the   |
|        | web site.                                                   |
|        |                                                             |
|        | Offerors must describe their energy efficiency program (s)  |
|        | by identifying the Products that meets Energy Star or other |
|        | recognized program for energy efficiency. In addition,      |
|        | Offerors must describe how Products are identified as       |
|        | energy efficient on the units and on their web site.        |
+--------+-------------------------------------------------------------+
| Yes /  | [Cost]{.underline}                                          |
| No     |                                                             |
|        | Offerors must complete the Pricing Configuration Form(s)    |
|        | found in appendix C and submit them with their proposal.    |
+--------+-------------------------------------------------------------+

#########