PROG ID: POCNBK3A DATE: 09/27/12 STATE OF ALABAMA DEPARTMENT OF FINANCE DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD PREMISE DISTRIBUTION SYSTEM CONTRACT T-NUMBER....... : T520 USAGE.......... : STATEWIDE CONTRACT PERIOD......... : OCTOBER 7, 2008 TO OCTOBER 6, 2013 SOLICITATION NO : 2189627 CONTRACT BUYER...... : PAT ANTLE BUYER PHONE.. : (334) 242-7253 PURCHASING NUMBER......... : (334) 242-7250 FAX NUMBER... : (334) 242-4419 DATE PRINTED. : 09/27/12 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.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * BIDDABLE AMOUNTS: THE DIVISION OF PURCHASING MAY SOLICIT BIDS ON LARGE AMOUNTS OF THE PRODUCT(S) LISTED. THE DECISION OF THE PURCHASING DIRECTOR AS TO WHAT CONSTITUTES A LARGE BIDDABLE AMOUNT/SITUATION AT THAT TIME SHALL BE FINAL AND SHALL NOT BE CONSTRUED AS A BREACH OF CONTRACT. SOLICITATION NUMBER : 2189627 PURPOSE: ESTABLISH A CONTRACT FROM THE ITEMS LISTED FOR ALL STATE AGENCIES. CONTRACT PRICES ARE AVAILABLE TO ALL LOCAL GOVERNMENTAL AGENCIES AND SCHOOLS. DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 3 ******************************* E-RATE ***************************** THE SCHOOLS AND LIBRARIES PROGRAM OF THE UNIVERSAL SERVICE FUND (E-RATE) MAKES DISCOUNTS AVAILABLE TO ELIGIBLE SCHOOLS AND LIBRARIES FOR TELECOMMUNICATION SERVICES, INTERNET ACCESS, AND INTERNAL CONNECTIONS. THE PROGRAM IS INTENDED TO ENSURE THAT SCHOOLS AND LIBRARIES HAVE ACCESS TO AFFORDABLE TELECOMMUNICATIONS AND INFORMATION SERVICES. THE SERVICES OF THIS RESULTING CONTRACT INCLUDE ELIGIBLE E-RATE SERVICES THAT E-RATE ELIGIBLE ENTITIES INCLUDING PUBLIC K-12 SCHOOLS AND LIBRARIES OF ALABAMA MAY CHOOSE TO PURCHASE. DETAILED INFORMATION ABOUT THE E-RATE PROGRAM CAN BE FOUND AT HTTP://WWW.USAC.ORG/SL/. IT IS A REQUIREMENT THAT THE AWARDED VENDOR WILL PROVIDE A SERVICE PROVIDER IDENTIFICATION NUMBER (SPIN) AND MAINTAIN ELIGIBLE STATUS WITH THE UNIVERSAL SERVICE ADMINISTRATIVE COMPANY (USAC) AND THE FEDERAL COMMUNICATIONS COMMISSION (FCC) IN ORDER TO PARTICIPATE IN THE E-RATE PROGRAM. IN THE EVENT THAT AN E-RATE ELIGIBLE APPLICANT APPLIES FOR E-RATE ELIGIBLE SERVICES AND IS DENIED FUNDING BY USAC OR FCC THE VENDOR MUST AGREE THAT THE APPLICANT IS TO NOT BE HELD LIABLE FOR THE PURCHASE OF THE SERVICES THAT WERE TO BE ESTABLISHED AS A RESULT OF THE E-RATE APPLICATION. F.O.B. DESTINATION: F.O.B. DESTINATION IS THE LOCATION WHERE MERCHANDISE IS DELIVERED AND UNLOADED ON A RECEIVING DOCK, IF AVAILABLE, TO ANY STATE AGENCY AND THE CHANGE OF TITLE TAKES PLACE. VENDOR IS LIABLE FOR FREIGHT CHARGES, RISK OF LOSS OR DAMAGE TO THE MERCHANDISE UP TO THE DESTINATION. PERFORMANCE GUARANTEE: NOT REQUIRED. IF THE VENDOR DEFAULTS ON DELIVERY, SERVICE, AND/OR DOES NOT COMPLY WITH THE SPECIFICATIONS, TERMS AND CONDITIONS, IT WILL RESULT IN A 30 DAY WRITTEN NOTICE TO DELIVER THE PRODUCTS, OR PERFORM THE SERVICE SATISFACTORILY AS REQUIRED AND TO REFRAIN FROM VIOLATING ALL BID REQUIREMENTS, OR THE CONTRACT AT THE STATE'S DESCRETION, BE TERMINATED AND THE VENDOR BARRED FROM BIDDING FOR AN INDERTERMINATE PERIOD. DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD TERMS AND CONDITIONS PAGE: 4 CONTRACT PERIOD: ESTABLISH A 36 MONTH CONTRACT WITH AN OPTION TO ISSUE A SECOND AND THIRD 12 MONTH CONTRACT WITH THE SAME PRICING, TERMS AND CONDITIONS FOR YEARS FOUR (4) AND FIVE (5). THE SECOND OR THIRD CONTRACT, IF AGREED BY BOTH PARTIES, WOULD BEGIN THE DAY AFTER THE FIRST OR SECOND CONTRACT EXPIRES. ANY SUCCESSIVE CONTRACT MUST HAVE WRITTEN APPROVAL OF BOTH THE STATE AND VENDOR NO LATER THAN 30 DAYS PRIOR TO THE EXPIRATION OF THE PREVIOUS CONTRACT. PAYMENT: INVOICES WILL NOT BE PAID UNTIL ALL ITEMS HAVE BEEN DELIVERED TO THE DESTINATION IN SATISFACTORY CONDITION. SECURITY STATEMENT: VENDOR SHALL ENSURE THAT PERSONNEL INVOLVED WITH ANY STATE AGENCY PROJECT SHALL BE ADVISED OF AND ACKNOWLEGE THE CONFIDENTIAL NATURE OF INFORMATION CONTAINED IN STATE FILES, THE SAFEGUARDS REQUIRED AND CRIMINAL AND CIVIL SANCTIONS OF NON-COMPLIANCE IN FEDERAL AND STATE STATUTES. DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD CONTRACT VENDORS PAGE: 5 CONTRACT VENDOR NUMBER CONTACT PERSON TERMS AND NUMBER NAME AND ADDRESS PHONE NUMBERS/FAX DELIVERY 4010327 621202425-01 GARY WILLIAMS NET BLACK BOX NETWORK SERV INC 615-890-3505-0000 ASAP GOVERNMENT SOLUTIONS 800-678-7339 1010 HALEY ROAD MURFREESBORO TN 37129 615-890-3575 DIVISION OF PURCHASING CONTRACT NOTICE OF AWARD COMMODITY LISTING PAGE: 6 CONTRACT COMMODITY NUMBER UNIT PRICE VENDOR # TERMS NUMBER/LINE # COMMODITY DESCRIPTION MEASURE NAME 4010327 00001 725-23-077381 .00 % 621202425-01 NET LT BLACK BOX NETWORK SERV INC PREMISE DISTRIBUTION SYSTEM IN ACCOR- GOVERNMENT SOLUTIONS DANCE WITH THE PROVIDED SPECIFICATIONS. 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 7 PAGES.