PROG ID: POCNBK3A STATE OF ALABAMA DATE: 04/07/09 DEPARTMENT OF FINANCE DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD MOBILE COMMUNICATION TOWER SYS CONTRACT T-NUMBER....... : T166 USAGE.......... : STATEWIDE CONTRACT PERIOD......... : APRIL 1, 2009 TO MARCH 31, 2010 SOLICITATION NO : 2203738 CONTRACT BUYER...... : PAT ANTLE BUYER PHONE.. : (334) 242-7253 PURCHASING NUMBER......... : (334) 242-7250 FAX NUMBER... : (334) 242-4419 DATE PRINTED. : 04/07/09 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 2 FAMILIARIZE YOURSELF WITH THIS CONTRACT AND THE TERMS AND CONDITIONS REGARDING THE RESPONSIBILITIES OF THE STATE AND THE VENDORS. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IT IS THE RESPONSIBILITY OF THE ORDERING AGENCY TO MAKE SURE THAT * * ALL OF THE INFORMATION SUBMITTED ON THEIR REQUISITION IS CORRECT. * * ALWAYS BE SURE TO RECHECK YOUR COMMODITY NUMBERS. AS SOON AS YOUR * * PURCHASE ORDER ARRIVES, CHECK IT FOR ACCURACY. IF THERE ARE ANY * * DISCREPANCIES, PLEASE NOTIFY THE VENDOR FIRST, THEN CONTACT THE * * BUYER LISTED ON THE FRONT OF THIS CONTRACT AS SOON AS POSSIBLE. * * IN MOST INSTANCES, PROBLEMS CAN BE CORRECTED. * * * * COMPLAINTS MUST BE DOCUMENTED & SUBMITTED TO THE BUYER IN WRITING.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **************************SPECIFICATIONS T166************************* MOBILE COMMUNICATION TOWER SYSTEM SOLICITATION NUMBER : 2203738 PURPOSE: ESTABLISH A CONTRACT FOR A MOBILE TOWER SYSTEM (MOTS) FOR ALL STATE AGENCIES. CONTRACT PRICES ARE AVAILABLE TO ALL LOCAL GOVERNMENTAL AGENCIES AND SCHOOLS. THE MOTS IS A HIGHLY MOBILE TACTICAL SYSTEM DESIGNED TO RAPIDLY SET UP AND QUICKLY ESTABLISH PUBLIC SAFETY COMMUNICATION SERVICES DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 3 DURING THE INITIAL PHASES OF DEPLOYMENT, AND SUSTAIN THOSE SERVICES THROUGHOUT OPERATIONS AND REDEPLOYMENT. THE SERVICES PROVIDED INCLUDE: VHF, UHF AND 700-800 MHZ REPEATER COVERAGE TO THE IMMEDIATE AREA; SUBSTITUTE FOR FAILED OR DAMAGED COMMUNICATION INFRASTRUCTURE DURING OR AFTER A DISASTER; COORDINATION OF PUBLIC SAFETY ENTITIES AS NEEDED; AND PROVIDING COMMUNICATION ASSETS DURING LARGE SCALE EVENTS AND/OR VENUES WHERE THE PUBLIC'S SAFETY IS A CONCERN. THE COMMUNICATION EQUIPMENT SHALL BE PURCHASED SEPARATELY FROM EXISTING STATE CONTRACTS AND INSTALLED SEPARATELY. THE MOTS WILL ALSO BE TASKED WITH THE RAPID RESTORATION OF BASIC COMMUNICATION OPERATIONS DURING MISSIONS SUCH AS DISASTER RESPONSE OR OTHER EMERGENCY AND/OR NON-EMERGENCY OPERATIONS. DELIVERY TIME FRAME: ALL ITEMS ORDERED MUST BE DELIVERED TO THE "SHIP TO" ADDRESS SHOWN ON THE P.O. WITHIN NINETY (90) DAYS OF VENDOR'S RECEIPT OF ORDER. DELIVERY: ITEMS ARE TO BE DELIVERED TO VARIOUS LOCATIONS THROUGHOUT THE 67 COUNTIES IN ALABAMA. THE EXACT LOCATIONS AND QUANTITIES WILL BE PROVIDED BY THE ORDERING AGENCY. F.O.B. DESTINATION: F.O.B. DESTINATION IS THE LOCATION WHERE MERCHANDISE IS DELIVERED AND UNLOADED ON A RECEIVING DOCK, IF AVAILABLE, TO ANY STATE OR LOCAL GOVERNMENT AGENCY AND THE CHANGE OF TITLE TAKES PLACE. THE VENDOR IS LIABLE FOR FREIGHT CHARGES, RISK OF LOSS OR DAMAGE TO THE MERCHANDISE UP TO THE DESTINATION. CONTRACT PERIOD: ESTABLISH A 12 MONTH CONTRACT WITH AN OPTION TO EXTEND FOR A SECOND, THIRD, FOURTH, AND FIFTH 12 MONTH PERIOD WITH THE SAME PRICING, TERMS AND CONDITIONS. THE SECOND, THIRD, FOURTH, OR FIFTH 12 MONTH PERIOD, IF AGREED BY BOTH PARTIES, WOULD BEGIN THE DAY AFTER THE FIRST, DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 4 SECOND, THIRD, OR FOURTH 12 MONTH PERIOD EXPIRES. ANY SUCCESSIVE EXTENSION MUST HAVE WRITTEN APPROVAL OF BOTH THE STATE AND VENDOR NO LATER THAN 30 DAYS PRIOR TO EXPIRATION OF THE PREVIOUS 12 MONTH PERIOD. NON-APPROPRIATION OF FUNDS: CONTINUATION OF ANY AGREEMENT BETWEEN THE STATE AND A BIDDER BEYOND A FISCAL YEAR IS CONTINGENT UPON CONTINUED LEGISLATIVE APPROPRIATION OF FUNDS FOR THE PURPOSE OF THIS BID AND ANY RESULTING AGREEMENT. NON- AVAILABILITY OF FUNDS AT ANY TIME SHALL CAUSE ANY AGREEMENT TO BECOME VOID AND UNENFORCEABLE AND NO LIQUIDATED DAMAGES SHALL ACCRUE TO THE STATE AS A RESULT. THE STATE WILL NOT INCUR LIABILITY BEYOND THE PAYMENT OF ACCRUED AGREEMENT PAYMENT. PRORATION: ANY PROVISION OF A CONTRACT RESULTING FROM THIS BID TO THE CONTRARY NOTWITHSTANDING, IN THE EVENT OF FAILURE OF THE STATE TO MAKE PAYMENT HEREUNDER AS A RESULT OF PARTIAL UNAVAILABILITY, AT THE TIME SUCH PAYMENT IS DUE, OF SUCH SUFFICIENT REVENUES OF THE STATE TO MAKE SUCH PAYMENT (PRORATION OF APPROPRIATED FUNDS FOR THE STATE HAVING BEEN DECLARED BY THE GOVERNOR PURSUANT TO SECTION 41-4-90 OF THE CODE OF ALABAMA 1975), THE CONTRACTOR SHALL HAVE THE OPTION, IN ADDITION TO THE OTHER REMEDIES OF THE CONTRACT, OF RENEGOTIATING THE CONTRACT (EXTENDING OR CHANGING PAYMENT TERMS OR AMOUNTS) OR TERMINATING THE CONTRACT. QUALITY OF MATERIALS AND LABOR: MATERIALS USED THAT ARE NOT OTHERWISE SPECIFIED SHALL BE THE KIND AND QUALITY CONSISTENT WITH THE TRADE PRACTICE FOR SUCH WORK AND SHALL COMPLY WITH ALL LOCAL CODES. ALL LABOR SHALL BE WELL EXPERIENCED IN THIS TYPE WORK AND IT SHALL BE COMPLETED IN A PROFESSIONAL MANNER. DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 5 NEW EQUIPMENT: ALL EQUIPMENT MUST BE NEW AND UNUSED AND ACCEPTABLE BY THE ORIGINAL EQUIPMENT MANUFACTURER FOR THEIR MAINTENANCE. MATERIALS, SUPPLIES OR EQUIPMENT: ALL MATERIALS, SUPPLIES OR EQUIPMENT BEING BID AND DELIVERED TO THE STATE SHALL BE NEW, UNUSED, OF RECENT MANUFACTURE, FIRST CLASS IN EVERY RESPECT, AND SUITABLE FOR THEIR INTENDED PURPOSE. DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD CONTRACT VENDORS PAGE: 6 CONTRACT VENDOR NUMBER CONTACT PERSON TERMS AND NUMBER NAME AND ADDRESS PHONE NUMBERS/FAX DELIVERY 4010769 731570194-00 BRAD HARWOOD NET INTERNATIONAL TELECOMMUNICATIO 918-749-8535 15 DAYS ARO SUPPLY CO LLC 800-850-8535 2703 DAWSON ROAD TULSA OK 74110 918-749-8537 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD COMMODITY LISTING PAGE: 7 CONTRACT COMMODITY NUMBER UNIT PRICE VENDOR # TERMS NUMBER/LINE # COMMODITY DESCRIPTION MEASURE NAME 4010769 00001 725-61-090994 121781.00000 731570194-00 NET EA INTERNATIONAL TELECOMMUNICATIO TOWER, COMMUNICATIONS, MOBILE, IN SUPPLY CO LLC ACCORDANCE WITH ALL SPECIFICATIONS, TERMS AND CONDITIONS SET FORTH IN STATE- WIDE CONTRACT T166 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IF YOU NEED ASSISTANCE CONCERNING THIS CONTRACT, PLEASE CONTACT THE BUYER LISTED ON THE COVER PAGE. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * THIS CONTRACT CONTAINS 8 PAGES.