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Save Smart New Mexico Project RFP Template

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					                 REQUEST FOR PROPOSALS
                   STATE OF NEW MEXICO
                 STATE PURCHASING DIVISION
                GENERAL SERVICES DEPARTMENT




                    RFP: No. 40-000-00-00082


    COMPUTER HARDWARE, PERIPHERAL AND RELATED
                   SERVICES

                        MARCH 8, 2004




                           — NOTICE —
THIS IS A FAST-TRACK PROCUREMENT. MONITOR THE PROCUREMENT AT
THE PURCHASING DIVISION WEB SITE AT WWW.STATE.NM.US/SPD TO STAY
       ABREAST OF ANY CHANGES OR ADDITIONAL INFORMATION.
STATE OF NEW MEXICO                                                            RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


                                NOTICE OF INTENT TO RESPOND
                     Computer Hardware, Peripheral and Related Services
                                   RFP # 40-000-00-00082

The acknowledgement of receipt should be signed and returned to the Procurement Manager no
later than close of business on March 12, 2004.

Only potential Offerors who elect to return this form completed with the intention of
submitting a proposal will receive copies of all Offeror written questions and the Agency’s
written responses to those questions as well as RFP amendments if any are issued.

       FIRM:__________________________________________________________________
       REPRESENTED BY:_____________________________________________________
       TITLE:__________________________________ PHONE No.:_(_____)____________
       E-MAIL:_________________________________ FAX NO.: _____________________
       ADDRESS:_____________________________________________________________
       CITY: _____________________________ STATE: _______ ZIP CODE:__________
       SIGNATURE: _____________________________________ DATE:_______________

                                    ALTERNATE CONTACT INFO
       NAME:__________________________________              e-mail:______________________
       PHONE No. :_(_____)_______________________
This name and address will be used for all correspondence related to the Request for
Proposal.
Place an ―X‖ on the appropriate statements below:
       ___ Firm DOES INTEND to respond to this Request for Proposals for the following:
              ___ Laptops         ___ Servers            ___ Printers
              ___ Desktops        ___ Monitors           ___ PDAs
              ___ Firm INTENDS TO ATTEND the Pre-Proposal Conference on March 17, 2004
       ___ Firm DOES NOT INTEND to respond to this Request for Proposals.

Procurement Manager:
          Name:              Eluid Martinez
          Title:             Procurement Manager
          Agency Name:       General Services Department
                             Office of the State Purchasing Agent
          Address:           P. O. Drawer 26110
                             Santa Fe, NM 87502-1100
          TELEPHONE:         505-827-0404
          Fax Number:        505-827-2484
          E-mail:            Eluid.Martinez@state.nm.us



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STATE OF NEW MEXICO                                                                                                    RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES




TABLE OF CONTENTS


I.         INTRODUCTION......................................................................................................................1
           A.    PURPOSE OF THIS REQUEST FOR PROPOSAL .............................................................1
           B.    SUMMARY SCOPE OF WORK .....................................................................................1
           C.    PROCUREMENT MANAGER ........................................................................................3
           D.    DEFINITION OF TERMINOLOGY..................................................................................3
           E.    PROCUREMENT LIBRARY ..........................................................................................7


II.        CONDITIONS GOVERNING THE RFP PROCESS AND TIMELINE ...............................................8
           A.    RFP TIMELINE ..........................................................................................................8
           B.    EXPLANATION OF RFP ACTIVITIES ...........................................................................9
           C.    PROPOSAL SUBMISSION INSTRUCTIONS ...................................................................11
           D.    PROPOSAL STRUCTURE AND ORGANIZATION INSTRUCTIONS ..................................12


III.       EVALUATION.......................................................................................................................14
           A.   EVALUATION CRITERIA POINT SUMMARY ...............................................................14
           B.   DESCRIPTION OF EVALUATION CRITERIA ................................................................14


IV.        GENERAL TERMS AND CONDITIONS GOVERNING THIS RFP ...............................................16


V.         COMPUTER HARDWARE, PERIPHERALS, AND RELATED SERVICES ......................................20


VI.        TECHNICAL PROPOSAL REQUIREMENTS ..............................................................................23
           B.    TECHNICAL SPECIFICATIONS ...................................................................................23


VII.       COST PROPOSAL REQUIREMENTS .......................................................................................30
           A.    Pricing ....................................................................................................................30
           B.    Volume Discounts ..................................................................................................31


APPENDICES ....................................................................................................................................32
      Appendix A – MESSAGE FROM THE SECRETARY OF GENERAL SERVICES DIVISION ...........32
      Appendix B – Master Price Agreement ―Terms and Conditions‖ .....................................35
      Appendix C – RFP QUESTION SUBMITTAL FORM ..............................................................52
      Appendices D through P— Response Forms (MS-Excel file 4000082pg.xls) ..................54




                                                                                                                                               ii
STATE OF NEW MEXICO                                                                RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


I. INTRODUCTION

   A. PURPOSE OF THIS REQUEST FOR PROPOSAL
      The State Purchasing Division, General Services Department (―SPD‖), on behalf of the
      State of New Mexico (―State‖), requests proposals from firms qualified to provide
      Computer Hardware, Peripheral and Related Services in a governmental setting.
       As outlined in the attached letter (Appendix—A) from the Secretary of General Services
       Department (―GSD‖), Governor Bill Richardson, in an effort to achieve cost savings in
       today‘s adverse economic environment, has recently initiated a spend management
       initiative named Save Smart New Mexico (―Save Smart‖). This effort will foster an
       environment of collaborative procurement in state agencies to achieve the best
       combination of quality, service and price for purchased goods and services. By buying
       smarter, the state expects to create cost savings and redirect those funds to improve
       education and promote economic development. Some of the key factors that will be
       considered for Save Smart are as follows:
             Consolidating the state‘s vendor base to offer vendors access to larger volumes of
                business and longer-term contracts, in return for competitive pricing based on the
                economies of scale involved
             Maintaining or exceeding current service and quality levels
             Facilitating and increasing the use of state price agreements by improving their
                value and benefits
             Ensuring that New Mexico-based vendors have adequate opportunity to
                participate in this process
       After extensive review of the state‘s purchases of all goods and services, project Save Smart
       is focusing on some of the key purchasing areas for state agencies. Based on further review
       of current and previous contracts, aggregate spend, and vendor base in each of the
       purchasing areas, the state has decided to include Computer Hardware, Peripherals and
       Related Services as one of the Save Smart target areas.
       State agencies, institutions of higher education and other public bodies, collectively referred
       to as the ―Authorized Users‖, are expected to spend in excess of $11 million annually on
       Desktop Computers, Laptops, Servers, Monitors, Printers, and PDA‘s in fiscal year 2005.
       Furthermore, we expect this initiative will significantly facilitate the State CIO‘s current
       efforts to improve system, software, and support standardization across the State.

   B. SUMMARY SCOPE OF WORK
      In fiscal year 2003 (July 1, 2002 – June 30, 2003), the State spent more than $15 million
      of computer hardware, as defined to be within the scope of this RFP. This figure is based
      on fiscal year 2003 spending patterns, primarily with major State agencies. A review of
      available fiscal year 2004 spending data indicates that, prior to the IT spending freeze, the
      State was on a run rate to spend another $15 million on computer hardware.
       The expectation for fiscal year 2005 is that the state‘s purchase volumes will be slightly
       lower, with anticipated spending on computer hardware, peripherals, and related services
       being between a high range of $14 million (based on original forecasts) and a low range
       of $11 million. We expect IT budget reductions and the current freeze on IT purchasing

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STATE OF NEW MEXICO                                                               RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


       to have an overall minimal effect on total spending for fiscal year 2005 beyond what was
       previously described. While IT-specific funds were reduced in the proposed fiscal year
       2005 budget, this only affected the General Fund and does not affect agency funds which
       originate from Federal or other state sources, approved projects (C2 and C3 requests), or
       spending by schools and municipalities. The total estimated budget reduction to agency
       spending on purchases covered under this RFP is approximately $2.3 million.
       The freeze on IT spending is temporary and will be lifted once the state has an approved
       IT consolidation plan. A non-recurring $1.0 million special appropriation has been
       earmarked to proceed with the consolidation of hardware and networks to the General
       Services Division‘s (GSD) data centers (e.g., servers, storage, networking equipment).
       Once the freeze is lifted, we expect pent up demand to refresh and upgrade, within the
       constraints of the approved budget, to result in significant IT purchases.
       While the State cannot commit to specific purchase volumes or amounts, at this time, we
       are still confident that the aforementioned spending range is still an accurate
       representation of the State‘s computer hardware needs.
       Furthermore, other non-state entities, which include political sub-divisions, towns,
       municipalities, and institutions of higher education and K-12 (collectively called ―non-
       state entities), currently utilize the statewide price agreements negotiated by the State. In
       fiscal year 2003, these entities made purchases valued at over $9 million (38% of total) in
       computer hardware, peripherals and related services. While their participation in the
       statewide price agreements is not mandatory, it is the State‘s goal to encourage the non-
       state entities to use the price agreement(s) resulting from this RFP. Increased utilization
       by the non-state entities significantly enhances the business opportunity for the winning
       offeror(s) without having to participate in additional RFP process with individual non-
       state entities.
       All non-state entities using the statewide agreements should follow the contractual terms
       and conditions specified in those agreements. The State makes the statewide agreements
       available to the non-state entities; however, the State is not responsible for the
       transactions between the contractor and non-state entities. Contractors are not required to
       provide computer hardware, peripherals and related services to any non-state entity using
       the statewide agreement should the entity not comply with the terms and conditions of the
       statewide agreements.
       The evaluation of the responses to this RFP will be used as the basis for selecting a short
       list of offerors for subsequent proposal discussion and negotiations. The state may award
       all or part of this award based on the best interests of the state. To maximize your
       chances of success in this process and to have the opportunity to acquire a substantial
       portion of New Mexico‘s business, we strongly encourage you to provide an aggressive
       response to this RFP. The pricing, quality, and service levels obtained through this
       process are expected to be more aggressive than any individual state entity may currently
       have with your company.

       With the future award, current contracts may be cancelled if it serves the best
       interests of the state.



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STATE OF NEW MEXICO                                                               RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


   C. PROCUREMENT MANAGER
       The agency has designated a procurement manager who is responsible for the conduct of
       this procurement whose name, address, and telephone number are listed below. However,
       the procurement manager‘s Designee whose name, address and telephone number are listed
       below, will be the primary contact for this RFP.
       Procurement Manager:          Eluid Martinez
       Office address:               1100 South St. Francis Drive
       (use this for express         Joseph M. Montoya Building, Rm. 2016
       carrier deliveries)           Santa Fe, New Mexico 87505-4108
                                     (505) 827-0404 (voice)
                                     (505) 827-2484 (fax)
                                     Eluid.Martinez@state.nm.us
       For all US Mail use:          P. O. Drawer 26110
                                     Santa Fe, New Mexico 87502-0110

       Procurement Manager’s Designee (―Designee‖) – Primary Contact:
                                     Michael Kan
       Office address:               1100 South St. Francis Drive
       (use this for express         Joseph M. Montoya Building, Rm. 2016
       carrier deliveries)           Santa Fe, New Mexico 87505-4108
                                     (505) 476-1813 (voice)
                                     (505) 827-2484 (fax)
                                     Michael.Kan@state.nm.us
       For all US Mail use:          P. O. Drawer 26110
                                     Santa Fe, New Mexico 87502-0110

       Any inquiries or requests regarding this procurement SHOULD BE submitted to the
       Designee in writing. Offerors may contact ONLY the Designee regarding this
       procurement. Other state employees DO NOT have the authority to respond on behalf of
       SPD.

   D. DEFINITION OF TERMINOLOGY
      This section contains definitions and abbreviations that are used throughout this RFP
      document. ―Close of business‖ means 5:00 p.m., Mountain Time.
       ―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.


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STATE OF NEW MEXICO                                                             RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


       ―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.
       ―Equipment‖ means servers, workstations, desktop, laptop (includes Tablet PC‘s) and
       handheld (PDA devices) 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‘s 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 text 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,
       firewall and/or Internet filtering 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.
       ―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

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STATE OF NEW MEXICO                                                              RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


       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 .
       ―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. A third party may manufacture LAN hardware and software. Public data,
       voice or video transport services are excluded as well as hardware and software required
       in supporting 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 (includes Tablet PC‘s),
       handheld (PDA‘s) computers. The manufacturer‘s name(s) shall appear on the computer
       Equipment. The manufacturer shall provide the warranty service and maintenance for its
       computer Equipment 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.
       ―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 or Reseller who chooses to submit a
       proposal.
       ―Peripherals‖ include but are not limited to storage, printers (including multifunction
       network print), monitors, keyboards, uninterruptible power supplies (UPS) and
       accessories.    Adaptive/Assistive technology devices are included as well as
       configurations for educational institutions. A third party may manufacture peripherals.
       ―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.


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STATE OF NEW MEXICO                                                                RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


       ―PDA‖ means a Personal Digital Assistant. Refers to a wide variety of handheld and
       palm-size PCs, and electronic organizers. PDA‘s usually can store phone numbers,
       appointments, and to-do lists. PDA‘s can have a small keyboard, and/or have only a
       special pen that is used for input and output. The PDA can also have a wireless fax
       modem. Files can be created on a PDA, which are later entered into a larger computer.
       ―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 State agency, educational institution, and non-State entities
       properly authorized by a the State to purchase the goods described in the solicitation.
       ―Request for Proposals‖ or ―RFP‖ means all documents, including those attached or
       incorporated by reference, used for soliciting proposals.
       ―Reseller Agent‖ means a non-manufacturing company authorized to resell manufacturer
       Products and Services and who can maintain a PSS, accept and fulfill purchase orders,
       issue invoices and receive payments for Products and Services listed on the PSS at or
       below the price stated therein.
       ―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 aspects to the requirements set forth in the RFP. Material aspects
       include, but are not limited to, price, quality, quantity or delivery requirements.
       ―Services‖ are broadly classed as installation/de-installation, 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

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STATE OF NEW MEXICO                                                            RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


       (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. ―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 and documentation, including new releases, updates, and modifications of
       software. For Software, the term ―purchase‖ means ―license‖. Contractor shall deliver
       applicable licenses with the Software.
        ―Takeback: means the Contractor accepts the 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 use across a broad
       geographic area, and that often uses transmission devices provided by common carriers.

   E. PROCUREMENT LIBRARY
        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        (Click ―Regulations‖)

              2. Unique State Terms and Conditions:
                 http://www.state.nm.us/spd/rfp4000082.html




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STATE OF NEW MEXICO                                                                      RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


II. CONDITIONS GOVERNING THE RFP PROCESS AND TIMELINE
    This section of the RFP contains the schedule for the procurement, describes the major
    procurement events and the conditions governing the procurement.

   A. RFP TIMELINE
      The timeline for this RFP process is aggressive – with proposals due by 3:00 PM
      Mountain Time, on Wednesday, March 31, 2004. Additional rounds of procurement
      may follow with the offeror(s) whose proposals are found to best meet the needs of the
      initiative and the State.
       Potential offerors are advised to review all sections of this RFP carefully and to
       follow instructions completely, as failure to make a complete submission as
       described elsewhere herein may result in rejection of the proposal and
       disqualification of the offeror from further participation. Also, proposals that
       depart from or materially alter the terms, requirements, or scope of work defined
       by this RFP may be rejected for being non-responsive.

       Key RFP Dates:
                          Activity                                      Date
       Issue of RFP                               Monday, March 8, 2004

       Notice of Intent to Respond Due            Friday, March 12, 2004
       Deadline to Submit Written Questions       Monday, March 15, 2004

       Pre-Proposal conference                    Wednesday, March 17, 2004
       Response to Written Questions/RFP
       Amendments                                 Friday, March 19, 2004

       Submission of Proposals                    Wednesday, March 31, 2004
          The dates for the following activities are target dates only. These activities may be
                            completed earlier or later than the date shown.
       Proposal Evaluation                        March 31 through April 20, 2004
       First Round Short List                     April 21 through 30, 2004
       Additional Rounds of Procurement (if
       necessary)                                 April 30 through May 10, 2004
       Selection of Finalist Offerors and Best
       and Final Offers (if necessary)            May 10, 2004
       Contract Award                             May 10, 2004
       Protest Deadline                           May 24, 2004




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STATE OF NEW MEXICO                                                                 RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


   B. EXPLANATION OF RFP ACTIVITIES
      The following paragraphs describe the activities listed in the table above.
       1.     Issue of RFP
              This RFP is being issued by SPD on March 8, 2004

       2.     Notice of Intend to Respond
              Potential offerors should complete the Notice of Intend to Respond form provided at
              the beginning of this RFP document and return it by facsimile to the Designee at
              (505) 827-2484. The form should be signed by an authorized representative of the
              organization, dated and returned by the close of business on March 12, 2004.
              Failure to return this form shall constitute a presumption of receipt and
              rejection of the RFP, and the potential offeror’s organization shall not receive
              subsequent communications pertaining to this RFP.

       3.     Deadline to Submit Written Questions
              Potential offerors may submit written questions as to the intent or clarity of this RFP
              until the close of business on March 15, 2004. All written questions must be
              addressed to the Designee and sent via email to Eluid.Martinez@state.nm.us.
              Confirmation of receipt email will be sent to each of the potential offerors within 24
              hours of from the time the question submissions are received. If no such
              confirmation is received after submission, the Designee should be contacted for
              confirmation.

       4.     Response to Written Questions/RFP Amendments
              Written responses to written questions and any RFP amendments will be distributed
              on March 19, 2004 to all potential offerors that have returned the completed Notice
              of Intent to Respond Form. The responses and/or amendments will also be posted
              on the SPD website at http://www.state.nm.us/spd/rfp4000082.html.

       5.     Pre-Proposal Conference
              The pre-proposal conference will be held at 10:00 AM MOUNTAIN TIME, on
              March 17, 2004, in the first floor bid room, Joseph M. Montoya Building, 1100
              South St. Francis Drive, Santa Fe, New Mexico. While attendance is not
              mandatory, it is highly encouraged, as questions will be answered.

       6.     Submission of Proposal
              All offeror proposals must be received by the Designee NO LATER THAN 3:00
              PM MOUNTAIN TIME on Wednesday March 31, 2004. Proposals received
              after this deadline will not be accepted. The date and time of receipt will be
              recorded on each proposal.
              A public log will be kept of the names of all offeror organizations that submitted
              proposals. Pursuant to Chapter 13-1-116 New Mexico Statute Annotated 1978
              (―NMSA 1978‖), the contents of any proposal shall not be disclosed to competing
              offerors prior to contract award.

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STATE OF NEW MEXICO                                                                RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


       7.     Proposal Evaluation
              The evaluation of proposals will be performed by an evaluation committee
              comprising of relevant State representatives. This process is expected to take three
              (3) weeks and the target date for evaluation is April 16, 2004. During this time, the
              Designee may 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.     First Round Short List
              The evaluation committee will develop a first round short list of responsible offerors
              for subsequent steps of procurement based on the evaluation of initial proposals.
              The target date for notification to each of the offerors, whether or not the offeror has
              been selected to be included in the short list, is April 16, 2004.

       9.     Additional Rounds of Procurement (if necessary)
              The state, if necessary, may conduct additional rounds of procurement with the first
              round short listed offerors. At the end of each subsequent round, based on further
              review of the revised proposal submitted during the additional rounds of
              procurement, the state may further short list offerors for any subsequent rounds of
              procurement. The target date to conduct these additional rounds of procurement is
              April 19 through April 30, 2004.

       10.    Selection of Finalist Offerors and Best and Final Offers (if necessary)
              The target date for the evaluation committee to select and the Designee to notify
              each offeror in the short list, whether or not the offeror has been selected to be one
              of the finalist offerors, is April 30, 2004.
              The finalist offerors, the remaining offerors after multiple rounds of procurement,
              may be asked to submit best and final offers to select the winning offeror(s). This
              step is expected to be completed by May 7, 2004.

       11.    Contract Award
              After review of the evaluation committee report and its recommendation, and once
              the contract terms and conditions have been finalized, the state will award the
              contract. This process is expected to be completed by May 10, 2004.
              The contract shall be awarded to the offeror or offerors whose proposal is most
              advantageous, taking into consideration the evaluation factors set forth in the RFP.
              It should be explicitly noted that the state is not obligated to award the contract
              to the offeror who submits the lowest bid or the offeror who receives the
              highest total point score, rather the contract will be awarded to the offeror(s)
              whose proposal is the most advantageous to the state.
              SPD reserves the right to award portion(s) of this RFP to certified in-state vendor(s)
              if SPD determines that it is in the best interest of the State or mandated by the
              Governor.
              The award is subject to appropriate State approvals.

                                                                                                      10
STATE OF NEW MEXICO                                                              RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


       12.    Protest Deadline
              Any protest by an offeror must be timely and in conformance with Chapter 13-1-172
              NMSA 1978 and applicable procurement regulations. The fifteen (15) day protest
              period for responsive offerors shall begin on the day following the contract award
              and will end as of close of business on the 15th day from contract awarded. Protests
              must be written and must include the name and address of the protestor and the RFP
              number. It must also contain a statement of grounds for protest including
              appropriate supporting exhibits, and it must specify the ruling requested from the
              State Purchasing Agent. Any protest of this procurement will be resolved in
              consultation with the evaluation committee and the Cabinet Secretary of GSD. The
              protest must be delivered to the Office of the Secretary.

                                      Michael C. Vinyard,
                                     State Purchasing Agent
                                   c/o Office of the Secretary
                                      715 Alta Vista Street
                                 Santa Fe, New Mexico 87505

              Protests received after the protest period will not be accepted.

   C. PROPOSAL SUBMISSION INSTRUCTIONS
      Offerors should submit six (6) hardcopies – one (1) marked ―Original‖ – of their proposal,
      along with two (2) copies of electronic versions (either on diskette or CD-ROM).
      Proposals must be sealed and labeled on the outside of the package to clearly indicate that
      they are in response to the Computer Hardware, Peripheral and Related Services RFP
      with RFP number 40-000-00-00082. Offerors must complete the Pricing Grids ((MS-Excel
      file 4000082pg.xls) electronically, print, and submit them with their proposal in a
      SEALED envelope. Technical responses must be separated from your cost proposal and
      each section clearly identified as ‗Technical Proposal‘ and ‗Cost Proposal‘ as appropriate.
      Offeror may make copies of pricing grids to propose multiple models for each standard
      configuration. 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.
      Proposals submitted by facsimile, or other electronic means, will not be accepted.
       Proposals may be mailed or delivered in person to the address below to arrive by 3:00
       PM MOUNTAIN TIME on Wednesday, March 31, 2004.
       Proposals received after that time, due to whatever reason, will not be accepted and
       will be sent back unopened. Postmark dates will not be considered as a basis for
       meeting any submission deadline.
       Proposals will not be publicly read on the due date.
              Mailing Address:
              Eluid Martinez
              1100 South St. Francis Drive
              Joseph M. Montoya Building, Rm. 2016
              Santa Fe, New Mexico 87505-4108

                                                                                                    11
STATE OF NEW MEXICO                                                            RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


              (505) 827-0404 (voice)
              (505) 827-2484 (fax)
              E-mail: eluid.martinez@state.nm.us

   D. PROPOSAL STRUCTURE AND ORGANIZATION INSTRUCTIONS
      To be considered a fully completed response to this RFP, all offers must include the
      following in the proposal:
       1.     Mandatory Forms
              a) Resident Business or Manufacturer Certification: If the offeror is a
                 certified resident business or manufacturer, the offeror should submit a copy
                 of the certification document along with the proposal. The criteria for
                 resident business or manufacturer can be found under Chapter 13-1-21
                 NMSA 1978 (http://www.state.nm.us/spd/rfp4000082.html) and SPD‘s
                 Procurement            Code          Regulations            1.4.1.       NMAC
                 (http://www.state.nm.us/spd/pcr141.pdf). If the offeror believes the offeror
                 meets this criteria, but is not currently certified, the offeror should complete
                 the certification process prior to the proposals are submitted. This process
                 takes between 1-2 weeks to complete, and the offeror should begin this
                 process immediately after the receipt of this RFP. The Application for
                 Preference can be downloaded along with the RFP. The offeror‘s status
                 (whether or not the offeror meets the resident business or manufacturer
                 criteria) should be clearly indicated on the Letter of Transmittal.

       2.     Letter of Transmittal
              A letter of transmittal MUST accompany each proposal. The 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, title, email address, and telephone number of the person
                      authorized to negotiate the contract on behalf of the organization;
                 d) Identify the names, titles, email addresses, and telephone numbers of persons
                      to be contacted for clarification;
                 e) Explicitly indicate acceptance of the general terms and conditions governing
                      this RFP in Section IV;
                 f) Be signed by the person authorized to contractually obligate the
                      organization;
                 g) Acknowledge receipt of any and all amendments to this RFP; and
                 h) Indicate whether the offeror is a certified resident business or manufacturer
                      or not

       3.     Technical Proposal
              The technical proposal document should address all the Technical Proposal


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STATE OF NEW MEXICO                                                             RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


              Requirements outlined in Section VI of this RFP. In the same technical proposal,
              offerors should also address whether all the terms and conditions listed in the
              Master Price Agreement included in Appendix B are acceptable. This is the
              contract the State intends to sign with the winning offeror(s). If the offeror would
              like to request any changes to the terms and conditions in the standard contract in
              Appendix B, it should be clearly outlined in the technical proposal. The state
              reserves the sole right to accept or reject the requested changes. The technical
              proposal should be organized as follows:
                  a. Table of Contents
                  b. Proposal Summary
                  c. Response to Technical Proposal Requirements Outlined in Section VI
                  d. Acceptance of or Changes Requested in the Master Price Agreement
                      outlined in Appendix B
                  e. Offeror‘s Request for Additional Terms and Conditions (if any)
                  f. Other Supporting Material

       4.     Cost Proposal
              In the cost proposal, the offerors should include the completed pricing grids in
              Appendix D-P; per the instructions outlined in Section VII of this RFP.

                       Appendix D – Qualitative Supplier Information
                       Appendix E – Projected Computer Hardware Demand Profile
                       Appendix F – Desktop Computer Pricing
                       Appendix G – Laptop Computer Pricing
                       Appendix H – Server Pricing
                       Appendix I – Printer Pricing
                       Appendix J – Monitor Pricing
                       Appendix K – PDA Pricing
                       Appendix L – Off-Spec Pricing
                       Appendix M – Other Pricing
                       Appendix N – Other Discounts
                       Appendix O – Service Quality and Assurance
                       Appendix P – Service Metrics

              Any proposal that does not adhere to the requirements outlined in this
              section may be deemed non-responsive and Offeror will be disqualified on
              that basis.




                                                                                                   13
STATE OF NEW MEXICO                                                           RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


III. EVALUATION

   A. EVALUATION CRITERIA POINT SUMMARY
      The following is a summary of evaluation criteria with the point values assigned to each.
      These, along with the general requirements, will be used in the evaluation of offerors‘
      proposals.

                  Criteria                                         Points
                  Cost                                                  500
                  Service and Quality                                   250
                  Business Information                                  100
                  Account Management                                    150
                  TOTAL                                               1,000

   B. DESCRIPTION OF EVALUATION CRITERIA
       1. Cost
          a. Combination of price, incentives and other cost components that offer the best
             value for the state
          b. Configuration cost and discounts
                  i.   Band 1 – Desktops and Laptops
                 ii. Band 2 – Servers
                iii. Band 3 – Printers
                iv.    Band 4 – Monitors
                 v.    Band 5 – PDAs and Pocket PC
          c. Off list pricing
          d. Volume discounts
       2. Service and Quality
          a. Product quality
          b. Service quality
          c. Product breadth and coverage
          d. Geographic coverage
          e. Technical merits of products offered
       3. Business Information
          a. Corporate overview
          b. Length of time in business
          c. Experience with other government and private sector entities
          d. References
          e. Financial stability
          f. Resident Business status


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STATE OF NEW MEXICO                                                          RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


       4. Account Management
          a. Strategy for managing contract and customer service approach
          b. Reporting capabilities
          c. Ability to manage purchasing and accounting information via on-line web store
          d. Implementation and communication of new contract as necessary
          e. Ability to meet or exceed the required Terms and Conditions as stated in this RFP




                                                                                                15
STATE OF NEW MEXICO                                                               RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


IV. GENERAL TERMS AND CONDITIONS GOVERNING THIS RFP
    This procurement will be conducted in accordance with the SPD‘s Procurement Code
    Regulations, 1.4.1 NMAC.
   1. Acceptance of Conditions Governing the Procurement
      Offerors must indicate their acceptance of the conditions governing the procurement section
      in the letter of transmittal. Submission of a proposal constitutes acceptance of the
      evaluation factors contained in Section III of this RFP.

   2. Incurring Cost
      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. Prime Contractor Responsibility
      Any contract that may result from this RFP shall specify that the prime contractor is solely
      responsible for fulfillment of the contract with the state. The state will make contract
      payments to only the prime contractor.

   4. Subcontractors
      Use of subcontractors must be clearly explained in the proposal, and subcontractors must be
      identified by name. The prime contractor shall be wholly responsible for the entire
      performance whether or not subcontractors are used.

   5. Amended Proposals
      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 agency
      personnel will not merge, collate, or assemble proposal materials.

   6. Offerors’ Rights to Withdraw Proposal
      Offerors will be allowed to withdraw their proposals 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‘s Designee.
       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
      Responses to this RFP, including the cost proposal, will be considered firm for ninety (90)
      days after the due date for receipt of proposals or sixty (60) days after the due date for the
      receipt of a best and final offer.

   8. Disclosure of Proposal Contents
      The proposals will be kept confidential until a contract is awarded. 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

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STATE OF NEW MEXICO                                                                  RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


       ―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 a request is received for disclosure of data for which an offeror has made a written request
       for confidentiality, the procurement manager 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. Confidentiality
      Any confidential information provided to, or developed by, the contractor in the
      performance of services under the Master Pricing Agreement resulting from this RFP shall
      be kept confidential and shall not be made available to any individual or organization by the
      contractor without the prior written approval of SPD. The contractor(s) agree to protect the
      confidentiality of all confidential information and not to publish or disclose such
      information to any third party without SPD‘s written permission.

   10. Right to Publish
       Throughout the duration of this procurement process and contract term, potential offerors,
       offerors and contractors must secure from SPD written approval prior to the release of any
       information that pertains to the potential work or activities covered by this procurement or
       the subsequent contract. Failure to adhere to this requirement may result in disqualification
       of the offeror‘s proposal or termination of the contract.

   11. No Obligation
       This procurement in no manner obligates the state or any of its agencies to the use of any
       proposed products or services until a valid written contract is awarded and approved by the
       appropriate authorities.

   12. RFP Termination
       This RFP may be canceled at any time and any and all proposals may be rejected in whole
       or in part when SPD determines such action to be in the best interest of the state.


   13. SPD Rights
       SPD reserves the right to accept all or a portion of an offeror‘s proposal.

   14. Sufficient Appropriation
       Any contract awarded as a result of this RFP process may be terminated if sufficient

                                                                                                        17
STATE OF NEW MEXICO                                                                RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


       appropriations or authorizations do not exist. Such termination will be effected by sending
       written notice to the contractor. The state‘s decision as to whether sufficient appropriations
       and authorizations are available will be accepted by the contractor as final.

   15. Legal Review
       The agency 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 Designee.

   16. Governing Law
       This procurement and any agreement with offerors that may result shall be governed by the
       laws of the State of New Mexico.

   17. Basis for Proposal
       Only information supplied by SPD in writing through the Designee or in this RFP should be
       used as the basis for the preparation of offeror proposals.

   18. Contract Terms and Conditions
       The contract between the agency and a contractor will follow the format specified by the
       agency and contain the terms and conditions set forth in Appendix B, ―Master Price
       Agreement‖. However, the agency reserves the right to negotiate with a successful offeror
       provisions in addition to those or different than contained in this RFP or in Appendix B.
       The contents of this RFP, as revised and/or supplemented, and the successful offeror‘s
       proposal will be incorporated into and become part of the contract.
       Should an offeror object to any of the agency‘s terms and conditions, as contained in this
       section or in Appendix B, that offeror must propose specific alternative language. SPD 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 SPD and will result in
       disqualification of the offeror‘s proposal.

   19. Offerors’ Terms and Conditions
       Offerors must submit with the proposal a complete set of any additional terms and
       conditions, which they expect to have included in a contract negotiated with the state.

   20. Contract Deviations
       Any additional terms and conditions, which may be the subject of negotiation, will be
       discussed only between SPD and the selected offeror and shall not be deemed an
       opportunity to amend the offeror‘s proposal.

   21. Offeror Qualifications
       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 Chapters 13-1-83 and 13-1-85 NMSA
       1978.


                                                                                                      18
STATE OF NEW MEXICO                                                               RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


   22. Right to Waive Minor Irregularities
       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/or doing so
       does not otherwise materially affect the procurement. This right is at the sole discretion of
       the evaluation committee.

   23. Change in Contractor Representatives
       State agencies reserves the right to require a change in contractor representatives if the
       assigned representatives are not, in the opinion of any of the state agencies, meeting its
       needs adequately.

   24. Notice
       Chapters 13-1-28 through 13-1-199 NMSA 1978 impose civil and misdemeanor criminal
       penalties for its violation. In addition, New Mexico criminal statutes impose felony
       penalties for bribes, gratuities and kick-backs.

   25. Ownership of Proposals
       All documents submitted in response to this RFP shall become the property of SPD and the
       state. However, any technical or user documentation submitted with the proposals of non-
       selected offerors may be returned after the expiration of the protest period.

   26. Electronic Mail Address Required
       A large part of the communication regarding this procurement will be conducted by
       electronic mail (e-mail). Offeror must have a valid e-mail address to receive this
       correspondence.

   27. Use of Electronic Versions of this RFP
       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 a 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.




                                                                                                     19
STATE OF NEW MEXICO                                                                        RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


V. COMPUTER HARDWARE, PERIPHERALS, AND RELATED SERVICES
   The purpose of this Request for Proposal is to solicit proposals from qualified firms in order to
   establish contracts for Authorized Users to purchase desktop computers, laptops, PC-Servers,
   printers, and/or monitors. It includes associated hardware and operating system software that
   would allow the operation of the computer as a stand-alone unit, a networked unit in a local
   area network (LAN), a networked unit in a wide area network (WAN), or any combination of
   the three. This RFP is for systems, and does not include any provision for individual
   components, internal or external devices or peripherals to be purchased separately.
   A. Demand Profile
       In fiscal year 2005, the State of New Mexico is anticipating to purchase the following
       hardware. While you should use the demand information provided here as a guide, please
       understand that it does not represent a commitment by New Mexico.

                     System Type/Configuration                           Low End              Original
                                                                         Estimate             Forecast
           Total Laptops                                                         227                 203
           Total Desktops                                                         4,489              5,986
           Total Servers                                                            208                278
           Total Monitors*                                                         TBD                TBD
           Total Printers                                                         1,826              2,434
          * Assume each desktop has one monitor as well as each laptop of the desktop replacement configuration

       This figure is based on detailed IT agency-level budget plans for fiscal year 2005 (July 1,
       2004 – June 30, 2005) as well as historical spending patterns within major State
       Agencies, some educational institutions, and some municipalities and local governments.
       See Appendix E for a more detailed demand profile as well as forecasted spend by
       configuration
       The State‘s IT spend forecast understates the potential volume that could be channeled
       through this contract. Fiscal year 2003 data from the State‘s top IT suppliers showed that
       spending by municipalities, educational institutions and other organizations was greater
       than half the State‘s spend.

                  Spending Segment               % of Total
               State                                   62%
               Municipalities                          29%
               Schools                                  9%
               Total                                  100%
   B. Standard Configurations
      It is the intention of New Mexico, through this RFP process, to establish a set of standard
      configurations for Desktops, Laptops, Servers, Monitors, Printers, and PDA‘s.
      Authorized Users that control the purchasing of these products will then be requested to

                                                                                                              20
STATE OF NEW MEXICO                                                              RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


       focus the overwhelming majority of their purchases within one of these standard
       configurations. Detailed information on the makeup of these configurations is outlined in
       Appendices F, G, H, I, J, and K.
       In establishing these standard configurations, New Mexico expects to garner aggressive
       pricing on the part of offerors. By focusing the purchases on a narrow set of base
       configurations, New Mexico is offering the contractor a precise set of expected
       specifications, with expected volume ranges that can be easily forecasted. Furthermore,
       contractors will be able to forecast the manufacturing of specific configurations, enabling
       greater economies of scale and increased supply chain efficiencies.
       In addition to these standard configurations, purchasers will have the opportunity to
       upgrade or downgrade based on a suite of options, which offerors are asked to quote
       pricing on in Appendices F, G, H, I, J, and K. For example, assume there is an end-user
       whose needs fit within Configuration 2 (mid-range) for notebook computers, but he/she
       needs extra RAM. That user would purchase Configuration 2 and elect the ―upgrade
       option‖ for extra RAM. New Mexico reserves the right to expand or alter the lineup of
       standard configurations during final negotiations or during the contract development
       phase.
       In some instances, users will require a product that is substantially different than any of
       the base configurations that were defined. For this reason, offerors are requested to
       submit a ―blanket‖ discount for these scenarios in Appendix L – Off-Spec Pricing.
   C. Maximizing Adoption of Standard Configurations
      While New Mexico cannot commit to concrete levels of adherence to the standard
      configurations, we expect that the majority of purchases will fall within the scope of these
      configurations, with most of the remainder addressable through a small set of selected
      upgrades/downgrades options applied to the standard configurations. This expectation is
      driven by the following initiatives:

       1. Rigorous Development Process for Standard Configurations
          The standard configurations were generated after a careful study of the most
          commonly purchased configurations and upgrades for each of the product categories
          over the last year. This information was gathered through a comprehensive survey of
          the major State Agencies who represent the majority of PC hardware purchases. The
          New Mexico Information Technology Management Office (ITMO) then studied the
          survey results in order to update the configurations for recent changes in technology.
          These proposed configurations were then shared with all State Agencies that
          participated in the study, and the resulting feedback was incorporated into the
          standard configurations and another round of calibration was done with experts from
          ITMO and the IT Managers/CIOs from a working group of small, medium, and large
          agencies.
          As technology changes rapidly, New Mexico expects to update the base
          configurations periodically, which can be estimated to take place every 3-6 months.
          The contractors will be expected to support this effort throughout the life of the
          contract, and to maintain consistent price discounts, even as configurations
          evolve. In the initial phase of the contract, the contractor will be expected to lead the

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STATE OF NEW MEXICO                                                           RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


          effort to update configurations and get any updates signed off by ITMO; however,
          ITMO expects to take over ownership of this process approximately a year after of the
          commencement of the contract.

       2. Authorization Guidelines
          New Mexico will be working to establish a set of authorization guidelines for when
          and how end-users and purchasing agents will be permitted to a) purchase upgrade
          options and b) purchase ―off-spec‖ products (i.e. purchases that are not made on any
          of the base configurations). All efforts will be made to ensure that the overwhelming
          majority of purchases going forward will be made off the base configurations. At this
          time, however, New Mexico cannot commit to any concrete figures on compliance to
          the standard configurations.
   D. Faculty, Staff, Student, and State Employee Personal Use
      In the past, some Agencies, Educational Institutions, and Localities/ Municipalities have
      entered into agreements whereby provisions existed for personal purchases by state
      employees, faculty, staff, and students. New Mexico is interested in reviewing offerors‘
      perspective on including personal use as a) part of any resulting agreement or b) part of
      an amendment to any resulting contract (possibly agency- or institution specific).




                                                                                                 22
STATE OF NEW MEXICO                                                               RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


VI. TECHNICAL PROPOSAL REQUIREMENTS
    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.

   B. TECHNICAL SPECIFICATIONS
         1. Corporate Overview
            Offerors must provide a brief history and description of their company including
            but not limited to the following:
              a. Overview
                 Offerors must provide an overview of the business model. Is the firm a
                 manufacturer, a reseller, a VAR, a distributor? Is the firm a subsidiary? Provide
                 the identity of any parent corporation and/or any subsidiaries if applicable. Note
                 if there are any major changes (acquisitions, re-structuring, alliances, joint
                 ventures) taking place in your organization? Please provide your answer as
                 succinctly as possible since we are only asking for very critical issues that might
                 significantly impact our evaluation of your company/proposal.
              b. Facilities
                 Offerors must indicate number and location of manufacturing, distribution
                 outlets and support centers, as appropriate.

              c. Personnel
                 Offerors must include a map or other documentation that indicates, for New
                 Mexico, 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.

              d. 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 other purchasing entities. 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). State the percentage of annual business with the State
                 of New Mexico and it‘s affiliates (local governments and educational
                 institutions)

              e. 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,
                 subcontractors, or value added resellers (VARs).



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STATE OF NEW MEXICO                                                             RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


              f. 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.

              g. Agent Reseller Usage
                 If Agent Resellers are proposed, Offerors must describe what products or
                 services they will provide, how they 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 their sales
                 will be accurately tracked and reported.

          2. Experience
             Offeror must describe company's experience in the government sector, as well as
             educational institutions, particularly with installations of 100 + PCs.

          3. Products and Services Overview
             Offerors must describe their ability to provide and support Products and Services to
             New Mexico agencies, institutions of higher education and other non-state entities.
             The narrative in response to this specification should include, at a minimum, an
             overview how Products are delivered and supported statewide plus specific
             information as follows:

              a. Mandatory Offering
                 Offerors must, at a minimum, be able to manufacture, resell, or offer some of
                 products as described in Appendix F-K.

              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. Indicate what is your sales and operational
                 site coverage specific to New Mexico. Are there any portions of any county
                 you cannot service? Please detail your response as needed.

              c. Support Services
                 Describe your company's support structure, including on-site, on-line and
                 telephone. Describe structure in terms of providing the Statewide service level
                 stipulated in this RFP. Disclose the names of any subcontractors that would be
                 used in providing installation or service personnel, both for the Offeror and for
                 any subcontractors.

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


                                                                                                   24
STATE OF NEW MEXICO                                                               RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


              e. 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.

              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.

          4. Reporting
              a. Customer Reporting
                 New Mexico is seeking robust usage reports moving forward to manage their
                 purchasing. Please provide a list of all the pieces of information that you can
                 currently provide to the State on a monthly and quarterly basis. This list should
                 include but not be limited to unit cost, item description, agency name, delivery
                 location, quantity sold, total cost paid, etc. What limits does your systems have
                 to monitor and track usage data?
                 Further 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.
                 Please attach actual examples of your company‘s more sophisticated
                 management reports as related to computer hardware. Please include examples
                 of weekly, monthly, quarterly, and annual reports that include but are not limited
                 to spend (by location, division, publisher item number and overall), Fill Rate,
                 and Delivery Results. You are welcome to hide or delete identifying information
                 from current client reports if you have confidentiality concerns, as long as it is
                 possible to determine the nature of the report and the types of information
                 captured by that report. Alternatively, you may provide ―sample‖ reports with
                 fictitious data, as long as they are identical to the types of reports that can be
                 provided to the State of New Mexico.

              b. Quality and Service Requirements
                 All of the items described in this section are requirements that New Mexico
                 expects to be satisfied by the contractor.
                 If you are unable or unwilling to satisfy any of these requirements, or if
                 you cannot meet or do not agree to meet any of the Terms and Conditions
                 in Section IV, you must indicate this in Appendix O.
                 Additional specific service levels that Contractor is expected to perform at NO
                 extra charge are summarized in the following table. For Metrics and

                                                                                                     25
STATE OF NEW MEXICO                                                                    RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


                 Reporting, offerors must indicate their ability to satisfy these requirements in
                 Appendix P.

                            Service                     Special Services Required at NO
                                                               Additional Charge
                  Metrics                Response Time – The supplier will respond                  to   all
                                          communications not later than the next business day.
                                         Contractor will maintain a fill rate of 99%. (Fill rate is defined
                                          as the total number of requisition lines filled, divided by the
                                          number of lines requested over a given period. The difference,
                                          therefore, would be items on back-order). ·
                                         Report Timeliness and Completeness (% in 5 days of due date)
                                          – 100% (Refer to ―Service Requirements‖ below
                                         Invoice Accuracy (%) – 100%
                                         Invoice Timeliness (% when orders are shipped ) – 100%
                                         Overall Customer Satisfaction – A quarterly survey of end-users
                                          will be conducted by the supplier to determine the level of
                                          customer service satisfaction experienced with the supplier.
                                          Both the raw and analyzed survey results will be provided to
                                          SPD. The following includes some of the areas to be measured
                                          on the survey: Responsiveness, Communication, Courtesy,
                                          Competence, Effectiveness, Overall Satisfaction. · If the survey
                                          results indicate dissatisfaction with one or more of these areas
                                          please propose measures you would take to rectify them
                                        
                  Nonperformance         If offeror is selected and under contract, but fails to meet
                  Remedies                 performance requirements, then non-performance remedies will
                                           be put into effect. Offerors are requested to submit their
                                           recommendations for Non-Performance Remedies.          Non-
                                           Performance Remedies will be agreed upon during negotiations
                                           and established before any contract is signed

          5. Electronic Commerce
             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, in the proposal, the URL to a web site that provides
                    the proposed functions and complete PSS and product specifications,
                    configuration aids, service options, service agreement(s) as well as contact
                    information for order placement, purchases order tracking, problem
                    reporting, equipment maintenance and billing concerns.

                 b. Electronic Processing
                    Offerors must thoroughly describe their ability or commitment to accept and

                                                                                                          26
STATE OF NEW MEXICO                                                             RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


                     process purchase order electronically as well as online payment via purchase
                     card. Please thoroughly describe your ability, if they exist, to provide
                     electronic funds transfer and/or a seamless electronic interface to
                     governmental accounting systems.

                 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.

          6. Primary Account Representative
             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.

          7. References
             Offerors must submit five (5) references from current or previous states or other
             larger governmental (not federal) entities and/or large educational institutions that
             have or are currently receiving similar products and services to those proposed by
             the Offeror for this solicitation. 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.
          8. Legal
             Offerors must indicate if your company has been part of any legal proceedings
             (actual suits by or against your company) either currently or in the past? If so,
             please briefly describe them. Further provide indication as to whether your firm has
             been or is the subject of a bankruptcy or insolvency proceeding or subject of
             assignment for benefit of creditors.

          9. Rollout and Marketing Plan
              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.

                                                                                                   27
STATE OF NEW MEXICO                                                               RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


              c. Marketing Materials
                 Offerors should include sample rollout and follow-up marketing materials with
                 their proposals. Offerors are reminded that once a statewide participating
                 agreement is in place, nearly every State agency, public school and university
                 and non-state entity within the state may use the contractor‘s Master Price
                 Agreement.

          10. Oral Presentation and Demonstration
              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.

          11. Products and Services Schedule
              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).

          12. Revised Price Agreement/Proposal
              Offerors must submit with their proposal a 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.

          13. Alternatives
              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 the State.

          14. Financial Strength
              For publicly held companies, offers must provide: 1) a copy of their firm's audited
              financial statements from the past two fiscal years 2) Their Dun and Bradstreet
              credit rating number and 3) Their Moody's Investment Service Bond Rating and/or
              Standard & Poor's Bond Rating if they have publicly held debt. For privately held
              companies, offerors must provide financial statements from the past two years that
              demonstrate financial stability.

          15. Takeback/ Environmental Programs
              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,

                                                                                                     28
STATE OF NEW MEXICO                                                            RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


                  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. Offerors should Address ISO 14001
                  certification. Explain whether Offeror will be able to pick up equipment from
                  New Mexico State offices or if New Mexico must stage equipment marked for
                  take back at one, or a small number of collection points. Offeror must propose
                  a unit cost per piece of equipment taken back in Appendix M.

              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, and/or 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 meet Energy Star or other recognized program for energy
                 efficiency.

          16. Contract Length
              New Mexico plans to offer a contract for a term of three (3) years, effective upon
              the signing of the Master Price Agreement(s). The State reserves the option of
              extending the agreements on an annual basis for three (3) additional one-year terms
              or portions thereof.




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STATE OF NEW MEXICO                                                                   RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES




VII.      COST PROPOSAL REQUIREMENTS

       A. Pricing
          In Appendices F, G, H, I, J, and K (MS-Excel file 4000082pg.xls) the State of New
          Mexico has outlined the base configurations for the initial phase of the contract. In the
          ―Proposed Base Model‖ section, offerors are asked to propose a model that would meet or
          slightly exceed the stated configurations. New Mexico is requesting a discount-off-list
          pricing methodology. The New Mexico price will be calculated by applying a discount
          percentage to prices listed on the vendor‘s website, the manufacturer‘s suggested retail price
          (MSRP), or a referenced, publicly available price list. Offerors are requested to submit a
          price discount for both a) State and Local Government and b) Educational institutions.
          While price adjustments will be allowed as the referenced price list changes on any
          selected item, or as configurations are updated to keep up with evolving technology, the
          percentage discount rate will not change significantly during the life of the contract.
          For example, if Laptop Configuration #2 is updated 6 months after the contract is
          signed, and the original percent discount off of list was 29%, then the discount to be
          applied to the list price of the newly-defined Laptop Configuration #2 should be at
          or close to 29%.
          Offerors should propose and describe their commitment to offer and maintain deeply
          discounted (state the discount from a baseline) standard base 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 base configurations for a stated period of time or
          intervals
          The Prime Contractor, at his/her discretion, is allowed to sponsor Product/Service
          promotions during the Contract term or any extensions thereof under the conditions
          outlined in the Terms and Conditions. Promotions must be available to all purchasing
          entities during the period of the promotion. During the term of any resulting contract,
          Contractor will commit to providing New Mexico pricing and responsive service to each
          of the purchasing entities.
          In addition:
               The Contractor will invoice no service fees or additional costs to New Mexico
                 during the term of this agreement (except as described in this RFP.)
               There will be no ―small order‖, ―minimum order‖, or ―special order‖ charges or
                 surcharges.
               There will be no return fees for inaccuracies or other errors on the part of the
                 contractor
               Any rush delivery that occurs as a result of Contractor‘s error (e.g., stock-outs,
                 etc.) will be free of charge. No handling surcharges will be added or discounts lost
                 for any rush or expedited orders



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STATE OF NEW MEXICO                                                               RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


   B. Volume Discounts
      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.
       1. 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.
       2. 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.
          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.




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STATE OF NEW MEXICO                                             RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


APPENDICES
   Appendix A – MESSAGE FROM THE SECRETARY OF GENERAL SERVICES DIVISION

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STATE OF NEW MEXICO                                         RFP #: 40-000-00-00082
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STATE OF NEW MEXICO                                         RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES




                                                                               34
STATE OF NEW MEXICO                                          RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES




Appendix B – Master Price Agreement ―Terms and Conditions‖



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STATE OF NEW MEXICO                                                           RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES




                    COMPUTER EQUIPMENT, SOFTWARE, PERIPHERALS AND
                                  RELATED SERVICES
                                MASTER PRICE AGREEMENT
                                   TERMS AND CONDITIONS
                                       40- 000-00-00082

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.

The parties agree as follows:
1. Definitions
   ―Agreement Administrator‖ means to a qualified, professional individual appointed by the
   NMSPA to administer this Agreement on behalf of the State of New Mexico.
   ―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 (includes Tablet PC‘s) and
   handheld (PDA devices) 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 text processing, workgroup management, database, project
   management, messaging and electronic mail, graphics construction and presentation,
   publishing, data communications, statistical and/or analysis, virus protection, imaging,

                                                                                                 36
STATE OF NEW MEXICO                                                            RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


   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 negotiated price shall apply to a given Purchase Order or number of
   Purchase Orders submitted at the same time.
   ―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 in supporting 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.
    ―PDA‖ means a Personal Digital Assistant. Refers to a wide variety of handheld and palm-
   size PCs, electronic organizers. PDA‘s usually can store phone numbers, appointments, and
   to-do lists. PDA‘s can have a small keyboard, and/or have only a special pen that is used for
   input and output. The PDA can also have a wireless fax modem. Files can be created on a
   PDA which are later entered into a larger computer.
   ―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

                                                                                                  37
STATE OF NEW MEXICO                                                              RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


   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 State agency, educational institution, and non-State entities
   properly authorized by a the State to purchase the goods described in the 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 non-manufacturing company authorized to resell manufacturer
   Products and Services and who can maintain a PSS, accept and fulfill purchase orders, issue
   invoices and receive payments for Products and Services listed on the PSS at or below the
   price stated therein.
   ―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. ―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 and documentation, including new
   releases, updates, and modifications of software. For Software, the term ―purchase‖ means
   ―license‖. Contractor shall deliver applicable licenses with the Software.
   ―Services‖ are broadly classed as installation/de-installation, 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 and documentation, including new releases, updates, and modifications

                                                                                                    38
STATE OF NEW MEXICO                                                            RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


   of software. For Software, the term ―purchase‖ means ―license‖. Contractor shall deliver
   applicable licenses to the Purchasing Entities with the Software.
   ―Storage Solution/Auxiliary Storage‖ means the technology and equipment used for storage
   of large amounts of data or information. This includes technologies such as: Network Attached
   Storage (NAS); Storage Area Networks (SAN); Content Addressed Storage (CAS); and/or
   Clustered Network Storage (CNS).
   ―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 to the issuance and acceptance of a Purchase Order.
   "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
   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
   Title to equipment shall pass to the Purchasing Entity upon acceptance.

4. Permissive Price Agreement and Quantity Guarantee
   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,
   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
   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.
   The Contractor agrees to accept all valid Purchase Orders. In the event of any conflict among
   these documents, the following order of precedence shall apply:
       a.     Terms and conditions of this Agreement;
       b.     Exhibits and amendments to this Agreement;


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STATE OF NEW MEXICO                                                                  RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


        c.      The list of products and services contained in the purchase order;
        d.      The request for proposals document 40-000-00-00082; and
        e.      Contractor's proposal including best and final offer.

6. Payment Provisions
   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 Purchasing Entity has accepted the Products or Services. 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 notice of partial acceptance or
        rejection of the Products or Services. Otherwise, the Products or Services shall be
        deemed accepted.

     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
        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.

                                                                                                        40
STATE OF NEW MEXICO                                                                RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


8.     Termination
       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
       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

                                                                                                      41
STATE OF NEW MEXICO                                                            RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


       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
       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 three-to-five day ground transportation by
          a reliable and insured shipping company.

11.    Warranties
       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)

                                                                                                  42
STATE OF NEW MEXICO                                                                 RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


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

                                                                                                       43
STATE OF NEW MEXICO                                                               RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


         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.
      g. The Contractor shall maintain the PSS on a Contractor supplied Internet web site.

15.      Product Substitutions
         Unless otherwise limited or prohibited, 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
         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
         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
         Contractor agrees to deliver Products to Purchasing Entities within (insert number of
         days) (X) days after receipt of a valid Purchase Order.

19.      Impracticality of Performance

                                                                                                     44
STATE OF NEW MEXICO                                                              RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


        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
       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
       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 State of New Mexico or any participating
       entity to any agreements, settlements, liability or understanding whatsoever, and agrees
       not to perform any acts as agent for the State of New Mexico 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
       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
          All Purchasing Entity payments for Products or Services shall be made directly to the
          Contractor.
       b. If Reseller Agents are to be used, the name of the authorized Reseller Agent(s) shall
          be identified individually. 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 amendments. The Contractor is responsible for reporting all Reseller
          Agent sales as part of the utilization reporting described in Paragraph 46 of this
          Agreement.




                                                                                                    45
STATE OF NEW MEXICO                                                             RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


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

25.    Scope of Agreement
       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
       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
       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
       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
       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

                                                                                                   46
STATE OF NEW MEXICO                                                               RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


       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
       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 of 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
       This Agreement shall be governed and construed in accordance with the laws of the Lead
       State. The construction and effect of an 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 shall be in the Purchasing Entity‘s state.

32.    Change in Contractor Representatives
       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
       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
       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
       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.




                                                                                                     47
STATE OF NEW MEXICO                                                           RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


36.    Replacement Parts
       Unless otherwise restricted in a or maintenance service agreement, replacement parts may
       be refurbished.

37.    FCC Certification
       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
       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
       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
       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 advise the NMSPA regarding the Contractor‘s
          performance under the terms and conditions of this Agreement.
       d. The Agreement Administrator shall receive and approve quarterly price agreement
          utilization reports and the administration fee payments.
       e. 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.
       f. The Agreement Administrator shall conduct annual Contractor performance reviews.
       g. The Agreement Administrator shall maintain an Agreement administration website
          containing timely and accurate information.

42.    Survival
       Certain paragraphs of this agreement including but not limited to Patent, Copyright,
       Trademark, and Trade Secret Indemnification; Indemnification; and Limit of Liability

                                                                                                 48
STATE OF NEW MEXICO                                                                RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


         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
         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.

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

45.      Notification
         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
         a. The Contractor agrees to provide periodic utilization reports to the Agreement
            Administrator in accordance with the following schedule:
         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.
         c. 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

                                                                                                      49
STATE OF NEW MEXICO                                                             RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


          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.
       d. 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.
       e. The utilization reports shall be submitted to the Agreement Administrator via
          electronic mail in a Microsoft Excel spreadsheet format.
       g. 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.
       h. 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
       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, 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, or any portion thereof, including any Purchase
                  Orders issued against the Agreement;
               3.     Impose liquidated damages, as specified in an agreement;
               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
          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 this agreement.

47.    Extensions
       The Contractor may, at the sole discretion of Contractor, offer Products and Services to

                                                                                                   50
STATE OF NEW MEXICO                                                            RFP #: 40-000-00-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES


       non-profit organizations, private schools, Native American governmental entities,
       government employees and students within the governmental jurisdiction 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)




Michael C. Vinyard                                 Print Name




Date:____________________                          Date: ________________




                                                                                                  51
STATE OF NEW MEXICO                                                     RFP #: 40-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES               DRAFT 1-22-04


   Appendix C – RFP QUESTION SUBMITTAL FORM



                                                            Next Page




                                                                                          52
STATE OF NEW MEXICO                                                                    RFP #: 40-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES                              DRAFT 1-22-04




                                                   REQUEST FOR PROPOSALS
                                                       No. 40-000-00-00082
                                    TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES

                                                      RFP QUESTION SUBMITTAL FORM

                   Reference
 Question #                                                                               Question
               Page/Paragraph/Sec
Sample        Sample                Sample
 1            Page 3                 “Mandatory” definition states that “ Failure to meet a mandatory item or factor will result in the rejection of the
                                     Offeror’s proposal’ Would this hold true even if one mandatory factor from the list of Acceptance Checklist is
                                     not met?




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STATE OF NEW MEXICO                                                                         RFP #: 40-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES                                   DRAFT 1-22-04




State of New Mexico
Computer Hardware, Peripherals, and Related Services RFP
General Info and Guidelines
   Summary of
   Appendices D through P— Response Forms (MS-Excel file 4000082pg.xls)

  Appendix              Tab Name                                                                     Comments
---          All tabs                         Please ONLY fill in areas highlighted in blue. There should not be any reason to make other notations.
Appendix D   Qualitative Supplier Information This tab is intended to gather some general information about all suppliers making a proposal on any portion of this
                                              RFP. The information provided by suppliers will be used in various qualitative portions of the evaluation process.
Appendix E   Projected Computer Hardware This tab provides baseline information on anticipated demand for Desktops, Laptops, Servers, Printers, and Monitors.
             Demand Profile              While the spend and quantity figures are conservative and do not include purchases from several municipalities and
                                         localities that will likely buy off of the contract, New Mexico cannot guarantee that the anticipated spend/quantity levels
                                         will be met.
Appendix F   Desktop Computer Pricing    This tab is intended to collect offerors' response to New Mexico's Desktop computer needs. The information contained
                                         in the table depicts four (4) standard configurations in addition to several options, which allow users to alter those
                                         configurations. Offerors should submit pricing for the standard desktop configurations as well as all options depicted.
Appendix G   Laptop Computer Pricing         This tab is intended to collect offerors' response to New Mexico's Laptop computer needs. The information contained in
                                             the table depicts four (4) standard configurations in addition to several options, which allow users to alter those
                                             configurations. Offerors should submit pricing for the standard laptop configurations as well as all options depicted.
Appendix H   Server Pricing                  This tab is intended to collect offerors' response to New Mexico's PC Server needs. The information contained in the
                                             table depicts two (2) standard configurations in addition to several options, which allow users to alter those
                                             configurations. Offerors should submit pricing for the standard server configurations as well as all options depicted.
Appendix I   Printer Pricing                 This tab is intended to collect offerors' response to New Mexico's Printer needs. The information contained in the table
                                             depicts four (4) standard configurations in addition to several options, which allow users to alter those configurations.
                                             Offerors should submit pricing for the standard printer configurations as well as all options depicted.
Appendix J   Monitor Pricing                 This tab is intended to collect offerors' response to New Mexico's Monitor needs. The information contained in the table
                                             depicts six (6) standard configurations. Offerors should submit pricing for the standard monitor configurations.
Appendix K   PDA Pricing                     This tab is intended to collect offerors' response to New Mexico's PDA needs. The information contained in the table
                                             depicts two (2) standard configurations in addition to several options, which allow users to alter those configurations.
                                             Offerors should submit pricing for the standard PDA configurations as well as all options depicted.
Appendix L   Off-spec Pricing                In some instances, users will require a product, which is substantially different than any of the base configurations that
                                             were defined. For this reason, offerors are requested to propose a discount structure for these scenarios on this tab.




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STATE OF NEW MEXICO                                                                           RFP #: 40-00082
TITLE: COMPUTER HARDWARE, PERIPHERAL AND RELATED SERVICES                                     DRAFT 1-22-04


Appendix M    Other Pricing                    This should be filled out by all suppliers. These are the additional discounts that will be calculated to select the most
                                               appropriate proposal in the RFP process.
Appendix N    Other Discounts                  Unless stated in this portion of the document, all suppliers will be considered to have accepted all Terms and
                                               Conditions, service requirements, and terms and conditions of the RFP without exception. Also, suppliers should use
                                               the table to note any relevant additional services not previously covered in the RFP document that they would like
                                               included. Please be detailed in your response.
Appendix O    Service Quality and Assurance This should be filled out by all suppliers to indicate willingness to meet/not meet each of the service levels specified in
                                            the RFP or make comments on how the metrics should be adjusted
Appendix P    Service Metrics                  The chosen supplier(s) will be required to observe and track metrics relative to performance and present these findings
                                               to the Contract Users. The following table includes metrics that New Mexico requires the chosen supplier to observe.
                                               Please indicate if you currently are able to track the listed metrics and can successfully accomplish the metric
                                               requirements.

Other Notes:
Input cells are shaded light blue and bordered
Worksheets are protected, except for input cells. If you have additional comments, please include them in a clearly marked MS-WORD file called comments.doc



Note: Please refer to the MS-Excel file ‗4000082pg.xls‘ file for forms that are to be submitted as part of the Offeror‘s
      response.




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