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Microsoft Rfp

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Request for Proposal (RFP) No. 14-01
Computer and Hardware Equipment
Desktop Workstations, Notebooks, Tablets, File Servers, Storage Solutions,
Desktop and LAN Printers, Networking Products,
Computer-based Telecommunications Systems,
Electronics (Cameras, MP3s, GPS, etc.), Scanners and Projectors,
Computer Accessories/Parts/Upgrades

Release Date:
March 3, 2014
Close Date:
April 4, 2014, 2:00 PM (PDT)
WSIPC
Joanne Schultz, Proposal Coordinator
2121 W. Casino Road
Everett, WA 98204-1472
Rfp1401@wsipc.org
All proposals must be complete and properly executed by the Vendor and received by the date and time above to be considered for award.

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TABLE OF CONTENTS

General Invitation---------------------------------------------------------------------------------------------------- 3
1.0 Invitation ----------------------------------------------------------------------------------------------------- 3
1.1
Pre-Proposal Conference -------------------------------------------------------------------------- 3
1.2
Contact and Delivery -------------------------------------------------------------------------------- 3
RFP SCHEDULE -------------------------------------------------------------------------------------------------------- 5
2.0 Schedule------------------------------------------------------------------------------------------------------ 5
OVERVIEW/BACKGROUND ---------------------------------------------------------------------------------------- 6
3.0 WSIPC Overview -------------------------------------------------------------------------------------------- 6
4.0 Proposer and Proposal Qualifications ----------------------------------------------------------------- 7
4.1
Minimum Qualifications: --------------------------------------------------------------------------- 7
4.3
Acceptance of Proposal (Award) ----------------------------------------------------------------- 8
4.4
Proposal Protest Procedures ---------------------------------------------------------------------- 8
5.0 Technical Specifications/RFP Requirements --------------------------------------------------------- 9
5.1. Introduction ------------------------------------------------------------------------------------------- 9
5.2
Goals for this RFP ------------------------------------------------------------------------------------ 9
5.3
Service Product Requirements ------------------------------------------------------------------- 9
5.4. Evaluation of Responses ------------------------------------------------------------------------- 12
EXHIBIT A ------------------------------------------------------------------------------------------------------------ 13
Standard Terms and Conditions of Purchase Contract ---------------------------------------------------- 14
Proposal Form ------------------------------------------------------------------------------------------------------ 19

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General Invitation
WSIPC RFP No. 14-01 for Computer Equipment including Desktop Workstations, Notebooks,
Tablets, File Servers, Storage Solutions, Desktop and LAN Printers, Networking Products,
Computer-based Telecommunications Systems, Electronics (Cameras, MP3s, GPS, etc.),
Scanners and Projectors, and Computer Accessories/Parts/Upgrades

1.0

INVITATION

You are invited to provide Proposals for solutions that address the computing equipment and hardware needs of the K-12 educational community served by WSIPC. This includes educational entities primarily in Washington, but could also include Oregon, Montana, Alaska and Idaho.
WSIPC also serves Regional Educational Service Districts and associated Public Agencies. We invite responsible proposers to respond to our request for computer hardware, desktop computers, notebook/laptop, servers, storage, slate/tablets, thin clients, and similar products including upgrade components for any of the above.
WSIPC plans to select multiple vendors to satisfy the diverse needs of the education community. However, each response will be scored based on criteria included in this document.
The results of the scoring process will eliminate some responders from further consideration.
Our goal is to continue providing the education sector access to the best technology at the lowest possible cost.
Additional desired outcomes of this RFP are to provide Manufacturers/Sellers with a forum for educating the K-12 Community on technology advances and trends within the computer industry and to provide opportunities for Sellers to offer a broad range of cost-effective solutions to K-12 Clients.
1.1
Pre-Proposal Conference
There will be a voluntary Pre-Proposal conference that allows Sellers to ask questions about the
RFP. The Proposal Coordinator and support staff will respond to Seller questions at the conference, and all responses will subsequently be confirmed in written addenda. Participants can either attend in person or link in with a conference bridge. For conference bridge information, send an email to rfp1401@wsipc.org.
1.2
Contact and Delivery
Any party interested in responding must send a Letter of Interest in writing to the Proposal
Coordinator. Sealed Proposals must be received by April 4, 2014 at 2:00 PM (PDT). Proposals received after this time will be returned unopened. At that time, Proposals will be opened and identified by WSIPC or its authorized representative at the above address. WSIPC is a public entity, so all proposals are subject to public review. WSIPC reserves the right to reject any or all
Proposals, and to waive any informalities or irregularities in the Proposal or the process. No proposal may be withdrawn within 90 days of the date proposals are opened.

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The sealed response must contain two hard copies and a USB drive containing an electronic version. Address your proposal to:
WSIPC
Joanne Schultz, Proposal Coordinator
2121 W. Casino Road
Everett, WA 98204-1472

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RFP SCHEDULE
2.0

SCHEDULE

2.1

Announcement of RFP Publication and Pre-Proposal Conference Dates


RFP Released

March 3, 2014



Pre-Proposal Conference

March 12, 2014

9:00 AM (PDT)



Deadline for Request for Clarification

March 14, 2014

4:00 PM (PDT)



Proposal Due Date

April 4, 2014

2:00 PM (PDT)

2.2

WSIPC reserves the right to revise the above schedule. Any changes will be made through the issuance of written addenda to the interested parties and posted on the website. 2.3

WSIPC reserves the right to cancel or reissue this RFP at any time without obligation or liability. 2.4

Definitions:
As used in this RFP, the terms set forth below are defined as follows:
Addenda
Exhibits
Proposer
Proposal due date
RFP
Eligible Customers

Contract Usage Fee
Responsible

WSIPC Proposal No. 14-01

An addition to, deletion from, a material change in, or general interest explanation of the Request for Proposal.
Documents attached to and incorporated as part of the RFP.
An entity that submits a Proposal in response to an RFP.
The date and time specified in the RFP as the deadline for submitting
Proposals.
A solicitation document to obtain written, competitive Proposals to be used as a basis for making an acquisition or entering into a Contract where price will not necessarily be the predominant criteria.
For the purpose of Contracts established under this RFP, WSIPC’s clients include OSPI and school districts and ESDs primarily in Washington, but could include Idaho, Oregon, Montana and Alaska. Sales by the manufacturers/Sellers to any of these entities using the pricing formulas contained in the Seller’s accepted response are subject to the Contract
Usage Fees defined in the Contract(s). Exceptions to this rule are categorized as “Specified Proposal Exclusions” and “Specified Interlocal
Inclusions.”
Under Standard Terms and Conditions of the Contract. WSIPC receives a 2% cost recovery fee from any purchases made from the contract resulting from this RFP.
An entity that shows it can perform satisfactorily under a contract by meeting the applicable standards of responsibility.
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OVERVIEW/BACKGROUND
3.0

WSIPC OVERVIEW

WSIPC is a non-profit cooperative founded in 1967 in the state of Washington. Membership comprises Educational Service Districts, other educational entities, and over 320 public and private school districts in the four states of Washington, Idaho, Montana and Oregon. The mission and vision statements of our organization are:
Mission: “WSIPC provides a comprehensive, relevant and fiscally responsible suite of technology services so our partners may focus on their educational mission.”
Vision: “Fixed in our purpose to be the exception in service.”
Over 40 years ago, ten Washington school districts formed a cooperative to enable schools to share hardware and software costs and to provide centralized technological support. The result of this collaboration is WSIPC, a unique public service for K-12 that supports the technology and operational needs of districts. Today, districts rely on WSIPC to broker the best agreements and packages for services and costs for hardware, software, servers, desktops, laptops, tablets, and other technology solutions. WSIPC’s technology offerings have expanded into educational technology, cloud-based services, district hardware hosting, storage, network services, web development, and advising districts on technology-related initiatives.
The mainstay of our services is the software and storage solutions for student information data systems and solutions related to finance and human resources. In this service, we provide solutions for districts’ operational and educational needs including transportation routing, Point of Sale, Grading, transcripts, scheduling, payroll, time tracking, data warehousing solutions, and portals for students and parents.
The information and technical solutions WSIPC provides allow our districts to focus on serving their schools and students rather than worrying about their technology-related services. For more information about WSIPC, visit www.wsipc.org.

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4.0

PROPOSER AND PROPOSAL QUALIFICATIONS

4.1
Minimum Qualifications:
To qualify as a responsive proposer, the proposer must meet the following minimum qualifications. a) Proposer must be the manufacturer of or an authorized reseller for the Computer
Hardware.
b) Proposer must have ordering and configuration through an internet portal which can be customized or interfaced to meet the specific WSIPC needs and include contract pricing.
c) Proposer must offer configure-to-order as an option for items in their catalog that includes customizable components.
After WSIPC verifies that the minimum qualifications have been met, WSIPC will award points based on the level of the Proposer’s qualifications.
4.2
Required Submittals
Submit two copies of the original proposal and clearly mark one “ORIGINAL.” The original must contain signatures on any page where a signature is required. Also provide an electronic copy on USB flash drive. WSIPC will use this to make copies for internal use only.
4.2.1 Proposal Qualifications
Proposal documents detailing how the proposer meets the qualifications outlined in Section 4.1 above must include the following:
1. Brand Name Proposer must state the brand name of hardware they are offering in the Proposal. Proposers that represent more than one brand are not required to submit a separate proposal for each brand name. Proposers must include in their
Proposal the brand name of hardware they represent and will sell under any resulting contract to WSIPC or its customers.
2. Experience Proposer must describe their experience in providing hardware. This includes their experience providing computer hardware to the educational sector.
3. Agent Reseller Usage If Agent Resellers are proposed, Proposer must describe what products they will provide, how they are certified, how they are contractually bound to the Contract terms and conditions, and how their sales will be accurately tracked and reported.
4.2.2 Interpretation or Correction of Proposal Documents
Any substantive interpretation or correction, or any change of the Proposal Documents, will be made by written Addendum. Addenda may be issued in writing by email, fax, mail, or other delivery. Interpretations or corrections of, or changes to, the Proposal Documents made in any other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections and changes.
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4.2.3 Addenda
All Addenda will be written. They will be emailed, mailed or otherwise delivered to those known by WSIPC to have received a complete set of Proposal Documents.
Each Proposer is responsible for confirming that it has received all Addenda before submitting its Proposal.
4.3

Acceptance of Proposal (Award)

4.3.1 WSIPC intends (but is not bound) to award contracts to the successful responsive
Proposers, provided the Proposals have been submitted in accordance with the requirements of the Proposal Documents. WSIPC retains the right to waive any informality or irregularity in any Proposal(s) and to accept the Proposal(s) which, in its judgment, are in its best interests whether or not they are the lowest cost.
Announcement of Apparently Successful Seller: All Sellers responding to the RFP shall be notified, by fax or by email, when WSIPC has determined the "Apparently Successful
Proposer(s)." The date of announcement of the "Apparently Successful Proposer(s)" shall be the date the announcement letter is postmarked.
4.4

Proposal Protest Procedures

4.4.1 A Proposer protesting for any reason the Proposal Documents, an RFP procedure, the award of the contract, or any other aspect arising from or relating in any way to the process shall cause a written protest to be filed with WSIPC within three business days of the event that gives rise to the protest and, in any event, no later than three business days after the date upon which Proposals are opened. The written protest shall include the name of the protesting
Proposer, a detailed description of the specific factual and legal grounds for the protest, copies of all supporting documents, and the specific relief requested. The written protest shall be delivered to:
Washington School Information Processing Cooperative
Joanne Schultz
2121 W. Casino Road
Everett, Washington 98204-1472
Attention: RFP No. 14-01

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5.0

TECHNICAL SPECIFICATIONS/RFP REQUIREMENTS

5.1. Introduction
WSIPC is releasing this Request For Proposals (RFP) to establish relationships with one or more
Manufacturers/Sellers that will provide responsible and lowest-possible-cost access to computing equipment in various configurations for the agency and its clients (school districts and eligible Governmental Agencies). This RFP covers Desktop Workstations, Notebooks,
Tablets, File Servers, Desktop and LAN Printers, Storage solutions, Networking Products,
Computer-based Telecommunications systems, Electronics (Cameras, MP3s, GPS, etc.),
Scanners and Projectors, and Computer Accessories/Parts/Upgrades.
The successful Manufacturers/Seller(s) will be awarded one or more “optional use contract(s)” that will be available to WSIPC’s Clients and to eligible public entities. This contract will be awarded based on the responders’ ability to meet the goals of the RFP and the Requirements specified below.
5.2

Goals for this RFP




5.3

Ongoing Competitive Pricing: Provide K-12 education pricing for computers at the lowest-possible price and highest value, and maintain competitive pricing in the face of ongoing changes in the marketplace over the life of the Contract(s).
Best in State Contract Pricing: Provide assurances that this RFP provides the best prices available to K-12 education in Washington State. Pricing must be better than or equal to all contracts between the Proposer and entities in states identified in the
RFP.
Continuing High Quality: Provide assurances of high quality components, assembly and system integrity for equipment purchased off of the Contract(s).

Service Product Requirements

5.3.1 Minimum Product Sales Volume (3): The Proposer must demonstrate to WSIPC’s satisfaction its ability to adequately manage the projected sales volume of this optional use contract. The Proposer’s RFP response must state the Proposer’s 2012 sales volume within one or several categories established by this RFP.
5.3.2 Account Representative: The Proposer must designate one individual to function as the account representative to coordinate support and services related to the optional use contract.
5.3.3 Toll Free Access: The Proposer must provide toll-free telephone access to the account representative(s). 5.3.4 Voice Mail: The Proposer must provide voice mail as an option for each of the account representatives assigned to support customers under the optional use contract.

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5.3.5 Internet Email: The Proposer must provide the ability for the account representative(s) to send and receive email via the Internet.
5.3.6 Technical Support: Proposer must be able to provide to users, through the manufacturer’s toll-free number, access to technical support, sales and replacement part information. (Technical support availability up to seven days per week, 24 hours per day will be scored positively). Warranty and support services shall be provided directly to the customer by or through the manufacturer’s representatives.
5.3.7 Eight-Hour Turnaround: The Proposer must commit to providing a minimum of an eight-hour (one business day) response time to customer inquiries regardless of source
(telephone, fax, or Internet). It is recognized that some inquiries require research that may exceed the eight-hour window. The intent is to provide product configurations and quotations within the eight-hour window. It should be extremely rare for the Proposer to exceed a one-day response time.
5.3.8 Product Assembly Testing: All equipment must be delivered completely assembled and tested (to include burn-in). This operation is intended to preclude any ‘dead on arrival’ products. The cost of this service must be included in the cost of the product (i.e., the Proposer will not be able to bill the customer separately for this service).
5.3.9 Documentation: Proposer must provide access to complete operational and instructional manuals (via available media).
5.3.10 Product Specification Sheets: Proposer must provide product specification sheets and other promotional materials upon request. It is highly desirable that this type of information be available to customers electronically via the Internet (preferred) or an electronic bulletin board.
5.3.11 On-Line Pricing: The Proposer must provide net online pricing via a website. The customer must be able to select the configuration options for the products being ordered. The online pricing must be refreshed at least every month. The Proposer must identify whether and when the website will provide the customer with status of the customer’s orders.
a) If the Proposer has a website that is currently available to demonstrate the planned functionality in support of the optional use contract, the Proposer should provide the URL and any passwords that the evaluator needs to access the site.
b) The Proposer’s website in support of the optional use contract must be fully operational within sixty days of the contract signing.
5.3.12 Shipping Costs: All costs for shipping to the Buyer’s location in a timely manner must be clearly stated on price lists and promotional material and must be clearly described in
Proposer’s response to this RFP.

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5.3.13 Price Reduction Protection: If the quoted price is reduced between the time the quotation is provided to the customer and the time the Manufacturer’s agent receives the customer's purchase order, the customer shall receive the benefit of the price reduction. All price reductions posted by the manufacturer must be passed on to the customer. In no event shall the Manufacturer’s agent hold customer orders in anticipation of a price reduction and then not pass on the price reduction to the customer.
5.3.14 Covered Products: The list of products available for purchase under the optional use contract will be limited to the products listed in the Manufacturer’s State and Local
Government Price List or as otherwise agreed upon with WSIPC.
5.3.15 Manufacturer’s Product Catalog Distribution: The Proposer must distribute Product
Catalogs, Bulletins and/or Product Guides reflecting the Manufacturer’s offerings at least once per year. All WSIPC clients and other agencies using the Contract must receive such information. The Proposer must also periodically announce the availability of any online resources and pricing tools available under the Contract. The Proposer must describe how the product catalog will be distributed (such as a hard-copy mailing, email, or website posting).
5.3.16 Seller Qualifications
a) Certification and Assurances: Proposer’s response must include a signed copy of the
Proposal Form.
b) Use Of Third Party Vendors: The Proposer must state whether third-party vendors are or are not being used. Third-party vendors must be listed in the Proposer's response under this
Subsection. Changes in third-party participation in the Proposer’s solution during the course of the Contract must be reviewed with and approved by WSIPC.
c) Seller Profile: The Proposer must briefly describe their company in one page or less, including the company’s experience providing Manufacturer’s products and services to large organizations. In addition, the Proposer must provide the information listed below.
d) Name, Address, Telephone Number of the Legal Entity: Provide the name, address, telephone number and facsimile number of the legal entity with whom WSIPC may execute any contract(s) arising from this RFP.
e) Legal Status: Describe the legal status of Proposer, such as corporation or sole proprietor.
f) Name, Address, Telephone Number of Principal Officer(s) / Account Manager: Furnish the name(s), address(s), telephone number(s) and facsimile number(s) of the principal officer(s) of the Proposer’s company and the proposed account manager for any contract arising from this RFP.
5.3.17 Prior Contract Performance: If the Proposer has had a contract terminated for default during the past five years, all such incidents must be described. Termination for default is defined as notice to stop performance due to the Proposer's non-performance or poor performance and the issue was either: (a) not litigated; or (b) litigated and such litigation determined the Proposer to be in default.
a) Submit full details of all terminations for default experienced by the Proposer in the past five years including the other party's name, address, and telephone number. Present the
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Proposer's position on the matter. WSIPC will evaluate the facts and may, at its sole discretion, reject the Proposers proposal if the facts discovered indicate that completion of a Contract resulting from this RFP may be jeopardized by selection of the Proposer.
5.3.18 Education Sector Experience: Proposer must demonstrate evidence of sales experience to the educational market place. Each Proposer shall include evidence of minimum sales of
$500,000.00 in the last 18 months to educational customers.
5.4. Evaluation of Responses
Weighting of scores will be as follows:
5.4.1 Pricing Model (40%) – Consistently produces very low prices for a variety of sample configurations within the specified product categories. Models which do not respond predictably to market fluctuations over time will be disqualified.
5.4.2 Marketing Model (15%) – Presents a viable plan for marketing and selling to all K12 entitles in the proposed states, including demonstration of past performance and commitment to explicit future efforts. Capability to serve the less populous and geographically isolated areas will be weighed.
5.4.3 Proposer Qualifications (25%) – Meets or exceeds all Proposer qualification requirements identified in the RFP and is able to demonstrate previous satisfactory performance in serving multiple accounts of comparable scope.
5.4.4 Education Sector Experience (20%) – Demonstrates ability of Proposer to provide service to educational customers while meeting the requirements of doing business with educational customers.
The evaluation procedures will be performed by the RFP Coordinator and an evaluation panel specifically selected for this task. The panel will include personnel from WSIPC and its member institutions. WSIPC Proposal No. 14-01

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EXHIBIT A
CONTRACT FOR THE PURCHASE OF COMPUTER HARDWARE
BETWEEN WSIPC AND PROPOSER
NOTE: A Proposer may submit its own standard contract terms and conditions for WSIPC’s consideration in response to this RFP. Proposers taking exception to the General Purchasing
Contract must address in their Proposal the specific language in General Purchasing Contract and submit exact contract modifications that the Proposer would prefer. Exceptions may, at the sole discretion of WSIPC, be grounds for disqualification from further consideration in the award of this Contract. The foregoing should not be interpreted to prohibit either party from proposing additional contract terms and conditions during negotiation of the final contract.
This General Purchasing Contract ("Contract") is made by and between WSIPC ("Buyer”) and
("Seller") and is effective upon the later date written below. Individual school districts, educational service districts and other associated public organizations may also acquire Goods under the terms of this Contract. Buyer and Seller agree as follows:
1.
Purchases and Sale of Goods. Seller will sell and deliver to Buyer, and Buyer will purchase from Seller the goods and services described in this document and attachments hereto ("Goods"). Buyer does not guarantee to purchase any minimum or maximum quantities of Goods. Details that are necessary to carry out the intent of this Contract, but that are not expressly required, shall be performed or furnished by Seller without any increase in compensation otherwise payable under this Contract.
2.
Performance of Work. Seller shall comply with all of the provisions of the RFP and the
Contract Documents.
3.
Term. The Term of this Contract ("Term") shall commence on the effective date of this
Contract and, subject to earlier termination as provided in the attached Standard Terms and
Conditions, shall end August 31, 2019. The Term of this Contract may be extended for additional periods as mutually desired by the Buyer and the Seller.
4.
Solution. As full compensation for the Goods, Buyer will pay Seller the applicable sums for the Goods ordered by Buyer, if any, in accordance with the payment provisions of this
Contract.
Buyer :
Washington School Information
Processing Cooperative
By: ____________________________
Title: Executive Director & CEO
Date Signed:_____________________
Address: 2121 W. Casino Road
Everett, Washington 98204

WSIPC Proposal No. 14-01

Seller:

________________________________
By:_____________________________
Title: ___________________________
Date Signed: _____________________
Address: ________________________
________________________________

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Standard Terms and Conditions of Purchase Contract
WSIPC RFP No. 14-01

1.

Definitions

The following terms shall be defined as follows whenever used in this Contract:
1.1
"Buyer" is defined as Washington School Information Processing Cooperative (WSIPC), any of the individual school districts, educational service districts and other associated public education organizations and the employee/personnel of the before mentioned organizations in the states of Washington, Oregon, Idaho, Montana and Alaska acquiring Goods under this
Contract. Eligible Entities may be added to this definition with the mutual consent of WSIPC and the Seller. All rights, benefits and warranties conferred upon Buyer by this Contract shall accrue, be available to, and are for the express benefit of such school districts, educational service districts and other public organizations.
1.2
"Indemnities" is defined as Buyer, their successors and assigns and the respective directors, officers, employees, agents and representatives of Buyer and their successors and assigns. 1.3
"Seller" is defined as the Seller identified in the Contract. If Seller is composed of more than one person or entity, then each such person or entity shall be jointly and severally liable as
Seller under this Contract.
1.4
“Specified Proposal Exclusions” Defined: If any of the WSIPC Client Base has in effect publicly solicited contract(s) with the Seller or manufacturer that use the same pricing formula prior to the contract award, those contracts will be excluded from the Contract Usage Fees by declaration in advance to WSIPC. Seller’s responses to future separate formal RFP's by members of WSIPC’s Client Base may also be excluded from the Contract Usage Fee by prior written agreement with WSIPC, provided that sales under the separate contract are limited to the Contracting Agency.
1.5
“Specified Interlocal Inclusions” Defined: Additional Public Agencies within the States specified or in other states may be added to the WSIPC Client base as defined herein upon execution of an Interlocal Agreement between WSIPC and the Agency/School. Such inclusions will be subject to the Contract Usage Fees and will be included in sales reporting in all future reports. 2.

Price and Payment

Payment of the specified Prices shall constitute full compensation for the Goods and satisfactory performance of all the Seller's obligations under this Contract. Such Prices shall be subject to adjustment as specifically provided for elsewhere in this Contract. Should the list price decrease, the cost to the Buyer shall be determined by applying the discount percentage to the new list price. Seller shall separately identify on the Schedule of Prices and the applicable invoice of Seller any applicable taxes arising out of the sale of the Goods payable by Buyer. Any time periods specified for accepting any discounts shall commence upon, and Buyer shall pay the appropriate amounts due 45 days after the later of (a) the date that Buyer receives Seller's
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correct invoice there for; or (b) the date that Buyer accepts the Goods (together with any required documentation) at the specified destination. If Seller fails to perform in a timely manner any of its obligations under this Contract the Buyer may, upon 10 days advance written notice to Seller of Buyer's intention to do so, perform the same and deduct or offset such amount from the compensation payable to Seller under this Contract or otherwise charge to or recover from Seller the cost of such performance.

3.

Delivery

4.

Delays

5.

Inspection

6.

Warranty

Seller shall properly package the Goods for protection against damage or deterioration that may result from shipment, handling, storage or other cause. Seller shall ship the Goods from the specified point of shipment no later than the specified shipment date and shall deliver the
Goods to Buyer FOB at the specified destination no later than the specified delivery date. Risk of loss or damage to the Goods shall remain with Seller until delivery of the Goods to Buyer at the specified destination at which time title to the Goods and such risk pass to Buyer.
Time is of the essence in the performance of Seller's obligations under this Contract. However,
Seller shall not be liable for delays in delivery due to causes which (a) are not foreseeable; (b) are beyond Seller's control; and (c) cannot be overcome by Seller after using its best efforts to do so provided that Seller, within three days after the commencement of the delay or, if earlier, the date on which Seller knew or should have known that the delay would occur, gives Buyer written notice of the circumstances giving rise to the delay, the anticipated duration of the delay and the action being taken by Seller to overcome or mitigate the delay.
The Goods shall at all times be subject to inspection, testing and expediting by Buyer. No Goods shall be deemed accepted prior to final inspection and acceptance by Buyer at the specified destination. Failure of Buyer to inspect goods does not relieve Seller of its obligations or impair
Buyer’s right to reject defective or non-complying goods.
Seller warrants that: (a) the Goods shall be free from all defects in design, materials, workmanship and title; (b) all materials, components, parts and other items incorporated in
Goods shall be new, merchantable and of suitable quality for their intended purpose; and
(c) the Goods shall conform to the attached Specifications and other requirements of this
Contract. Seller shall promptly correct any Goods that do not comply with this warranty. If
Buyer requires Seller to make any such correction and Seller thereafter fails or indicates its inability or unwillingness to do so, then Buyer may correct (or cause to be corrected) the noncompliance or otherwise achieve compliance by the most expeditious means available to it and charge to or otherwise recover from Seller the cost thereof. If Buyer rejects any Goods that do not comply with the foregoing warranty, Seller shall have a reasonable time to correct the noncompliance; if Seller fails to correct the non-compliance within a reasonable time, Buyer may cancel the order for the non-complying Goods without any liability or obligation of or cost to
Buyer with respect to such Goods, and without prejudice to any other rights or remedies of
Buyer with respect to such non-compliance.

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7.

Infringement

8.

Compliance with Laws

9.

Changes

10.

Termination of Contract

11.

Successors and Assigns

Seller releases and shall defend, indemnify and hold harmless Buyer from all claims, losses, harm, liabilities, damages, costs, expenses (including, but not limited to reasonable attorneys' fees) and royalties related to any claim, action, suit or proceeding involving the Goods or any use or intended use of the Goods, which claim, action, suit or proceeding is based upon infringement (or alleged infringement) of any patent, copyright, mask work, trade secret, trade name or trademark or upon the wrongful use (or alleged wrongful use) of any confidential or proprietary concept, method, process, product, writing, information or other item. Further, if any of the Goods or any use or intended use of the Goods constitutes an infringement of any patent, copyright, mask work, trade secret, trade name or trademark or wrongful use of any confidential or proprietary concept, method, process, product, writing, information or other item, Seller shall (a) procure for Buyer, at no cost to the Buyer, the right to use the infringing item; (b) replace the infringing item with a substantially equal but non-infringing item; or (c) modify the infringing item so that it becomes non-infringing.
Seller shall comply (and shall ensure that the Goods and Seller's subcontractors and suppliers comply) with all applicable laws, ordinances, rules, regulations, orders, licenses, permits and other requirements, now or hereinafter in effect, of any governmental authority. All laws, ordinances, rules, regulations and orders required to be incorporated in agreements of this character are incorporated in this Contract by this reference.
Buyer and Seller may jointly change the requirements of this Contract to preserve the original intent of the Contract and to maintain the relative pricing and services advantages made available to the Buyer under the Contract.
Buyer may terminate this Contract for cause as to all or any portion of the Goods not then delivered to and accepted by Buyer by giving Seller written notice of such termination. In the event of any such termination, an equitable adjustment shall be made under this Contract with respect to the terminated Goods for the costs Seller unavoidably incurred as a result of such termination, provided that costs shall in no event exceed the total prices otherwise payable under this Contract for the terminated Goods, less the sum of (a) the estimated costs (plus a reasonable allowance for profit) which would have been incurred by Seller to complete performance with respect to the terminated Goods, and (b) the reasonable value of the terminated Goods at the time of such termination.
Seller shall not (by contract, operation of law or otherwise) assign this Contract or any right or interest in this Contract, or delegate performance of any of its duties or obligations under this
Contract, without the prior written consent of Buyer. Any such assignment or delegation without Buyer's prior written consent shall be voidable at Buyer's option. Subject to the foregoing restriction on assignment and delegation by Seller, this Contract shall be fully binding upon and enforceable by Seller, Buyer, and their respective successors, assigns and legal representatives. WSIPC Proposal No. 14-01

March 2014

Page 16 of 20

12.

Nonwaiver

13.

Applicable Law; Courts

14.

Entire Agreement

15.

Publicity

16.

Contract Usage Fee

The failure of Buyer to insist upon or enforce strict performance by Seller of any of the provisions of this Contract, or to exercise any rights or remedies under this Contract, shall not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon any such provisions, rights or remedies in that or any other instance; rather, the same shall be and remain in full force and effect.
This Contract shall be interpreted, construed and enforced, in all respects, in accordance with the laws of the state of Washington, without reference to its choice of law principles. Seller shall not commence or prosecute any suit, proceeding, or claim (to enforce the provisions of this Contract, to recover damages of, or default under this Contract or otherwise) arising under or by reason of this Contract, other than in the courts of the state of Washington in King
County, or the United States District Court for the Western District of Washington at Seattle.
Seller irrevocably consents to the jurisdiction and venue of the courts identified in the preceding sentence.
This Contract sets forth the entire agreement and supersedes any and all prior agreements, between Seller and Buyer regarding the Goods. No amendment or modification of any provision of this Contract shall be valid unless set forth in a written instrument signed by both parties. Buyer shall not be bound by, and specifically objects to, any term, condition or other provision which is different from or in addition to the provisions of this Contract (whether or not it would materially alter this Contract) and which has been proffered by Seller in any quotation, invoice, shipping document, acceptance, confirmation, correspondence or otherwise, unless Buyer specifically agrees to such provision in a written instrument signed by
Buyer. The rights, remedies and warranties afforded to Buyer pursuant to any provision of this
Contract are in addition to and do not in any way limit any other rights, remedies or warranties afforded to Buyer by any other provisions of this Contract, by any of Seller's subcontractors, suppliers, or by law.
The Seller will make no reference to WSIPC, the Contract(s), WSIPC’s Clients or the WSIPC Logo in any literature, promotional material, brochures, sales presentation or the like, without the express written consent of WSIPC. This restriction applies to both any claim of endorsement of the Seller and to any aspects of contract status, renewals or disagreements with WSIPC.
Contracts established under this RFP will include a two percent (2%) Contract Usage Fee for all acquisitions obtained through the contract. In this manner, the costs incurred by WSIPC to establish, manage and maintain the contracts will be borne solely by the parties that benefit from the contracts. The Contract Usage Fee will be collected at the point of sale by the Seller and remitted to WSIPC at quarterly intervals. Where the pricing model contained in the contract is applied to purchases by K-12 entities, WSIPC will be assumed to be entitled to the
Contract Usage Fee except as other contracts by the Seller with K-12 entities are separately bid

WSIPC Proposal No. 14-01

March 2014

Page 17 of 20

in conformity with the applicable State requirements and the procedures set forth in the
Contract.

17.

Reporting

The successful Seller(s) will be required by the optional use contract to provide WSIPC with quarterly sales volume summaries. The summaries will display the sales volume by client by quarter. The quarterly reports will be due on the 15th of the month following the close of each quarter. WSIPC Proposal No. 14-01

March 2014

Page 18 of 20

Proposal Form
WSIPC RFP No. 14-01
TO: WSIPC
Joanne Schultz, Proposal Coordinator
2121 W. Casino Road
Everett, Washington 98204-1472
RE: RFP No. 14-01
In response to your RFP, the undersigned offers to furnish all of the Goods described in the Technical
Specifications in accordance with the Contract Documents and any Addenda thereto and for the prices and in accordance with the delivery schedule set forth in the attached Schedule of Prices.
By submitting a Proposal, the undersigned certifies and agrees that:
1.

This Proposal constitutes a firm offer, which cannot be withdrawn for ninety days after the official opening of the Proposals;

2.

The undersigned has examined to its satisfaction, and is fully familiar with and understands all provisions of the Contract Documents and any Addenda thereto including, without limitation, Addenda Nos. ____, ____, and ____;

3.

All of the words and figures shown in the attached response are accurate;

4.

All statements in this Proposal are true and accurate;

5.

By careful examination of the Contract and Proposal Documents, all Addenda thereto and all other pertinent conditions and matters, the undersigned has satisfied itself as to the nature, location, character, quality and quantity of the Goods required by the Contract
Documents and the conditions and other matters that may affect performance;

6.

If awarded the Contract, the undersigned will duly execute and deliver to WSIPC the
Contract, together with all documents required by the Proposal Documents, within ten
(10) days after it is presented to the undersigned by WSIPC.

7.

WSIPC has no obligation to accept any Proposal submitted in response to the RFP and may reject any or all such Proposals (including, without limitation, the undersigned’s Proposal) or waive any informalities or irregularities in any Proposal or the proposal process.

Legal Name of Proposer_________________________________________________
Business Address

_________________________________________________
_________________________________________________
(City)

(State)

(Zip Code)

_________________________________________________
(Phone)

Street Address

WSIPC Proposal No. 14-01

_________________________________________________
(City)

(State)

(Zip Code)

March 2014

Page 19 of 20

REPRESENTATIVE
ACKNOWLEDGMENT

Signature of Corporation
___________________________________
[Corporate Name]

___________________________________
[State of Incorporation]

I, _______________________________, stated on oath that I am authorized to sign the document presented and I am the
_________________________
(Type of Authority)

of

____________________________

(Name of Party on Behalf of Whom Document is Executed)

By:________________________________

_____________
______________________________

Additional Information:

Title:______________________________
Date Signed:_______________________

Signature of Partnership or Joint Venture
___________________________________
[Name of Partnership or Joint Venture]

By (all partners or joint ventures):
___________________________________

Date Signed: __________________

___________________________________

Date Signed: __________________

___________________________________

Date Signed: __________________

___________________________________

Date Signed: __________________

Signature of Individuals
___________________________________

Date Signed: __________________

___________________________________

Date Signed: __________________

___________________________________

Date Signed: __________________

___________________________________

Date Signed: __________________

WSIPC Proposal No. 14-01

March 2014

Page 20 of 20

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