RFP - UMB MEEC Symantec

8/7/2019 RFP - UMB MEEC Symantec

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UNIVERSITY OF MARYLAND, BALTIMORE

REQUEST FOR MULTI STEP BID

FOR

SYMANTEC ANTI-VIRUS PRODUCTS FOR MEECMulti Step Bid 86581CZ

Issued: January 25, 2011Pre-Proposal Conference: N/A

Deadline for Questions: February 14, 2011 @ 10:00 a.m.

Due Date for Proposals: March 3, 2011 @ 2:00pm

Issued by: University of Maryland, Baltimore

Department of Procurement Services

Saratoga Street OfficesLevel 02 Room # 02-100

220 Arch Street

Baltimore, MD 21201-1531Attn: Charles Zink

410-706-0772

410-706-8577 (fax)

[email protected]

Deliver to: Same as above

Building can be accessed during the hoursof 8:30 am to 5:00 pm, Monday through

Friday.

WARNING If it becomes necessary to revise any part of the Multi-Step Bid, addenda will be posted to theeBid Board website at www.procurement.umaryland.edu. It is the responsibility of the bidder to check thewebsite frequently until the closing date for addendums, amendments and changes. An acknowledgementof the receipt of all amendments, addenda, and changes issued shall be required from all vendors submittinga proposal.

SPECIAL ACCESS: Anyone requiring special assistance in obtaining a copy of the solicitation or in deliverproposal are requested to contact the Buyer listed above at least 48 hours in advance.


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86581CZ

ANTI-VIRUS PRODUCTS FOR MEEC

SECTION I: SUMMARY INFORMATION

A. SUMMARY STATEMENT

The University of Maryland, Baltimore (also called the University or UMB) on behalf of theMaryland Educational Enterprise Consortium (MEEC) intends to contract with a Symantec anti-virus reseller to procure, support, and distribute anti-virus academic licensing products, and servicesto MEEC participants.

B. ISSUING OFFICECharles ZinkUniversity of Maryland, BaltimoreDepartment of Procurement ServicesSaratoga Street OfficesRoom 02-100220 Arch StreetBaltimore, Maryland 21201-1531410-706-0772410-706-8577

The sole point of contact in the University for purposes of this MULTI STEP BID is the issuingoffice. Any questions with regard to any aspect of this proposal must be directed to Charles Zink inwriting.

C. QUESTIONS AND INQUIRIES

Questions and inquiries should be directed to the individual referenced with the Issuing Office above.All such questions and inquiries must be received by 10:00 a.m. EST on February 14, 2011.Questions may be faxed to the following number 410.706.8577 to the attention of Charles Zink oremailed to [email protected]. Copies of replies will be posted on eBid Board atwww.procurement.umaryland.edu , without identification of the inquirer.

D. DELIVERY OF MULTI-STEP BIDS

Multi-Step Bids must be delivered to:

The University of Maryland, BaltimoreDepartment of Procurement ServicesSaratoga Street OfficesLevel 02 Room 02-100220 Arch StreetBaltimore, MD 21201-1531


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E. MULTI-STEP BID CLOSING DATE

In order to be considered, the original and six (6) copies of each proposal must arrive at the issuingoffice by March 3, 2011, no later than 2:00 p.m. E.S.T. See Section V. paragraph B forrequirement to submit electronic version of proposal. Vendors mailing proposals should allowsufficient mail delivery time to insure timely receipt by the Department of Procurement Services.

Vendors utilizing the U.S. Mail or similar methods which would not deliver directly to Room 02-100of the Saratoga Street Offices are cautioned to allow sufficient time for the delivery to Room 02-100.Delivery of proposals to the campus mailroom or any location other than this office will NOT beconsidered delivered until they have physically arrived and have been clocked-in at the Departmentof Procurement Services. Proposals or unsolicited amendments to proposals arriving after the closingdate and time will not be considered. There will be no formal proposal opening.

F. ACCESS TO ISSUING OFFICE

The Saratoga Street Offices, which houses the Department of Procurement Services, is accessible bythe general public between the hours of 8:30 a.m. until 5:00 p.m. Monday through Friday withexception of legal holidays. There is a guard in the lobby area and vendors are required to sign in atthe guards desk and gain permission to enter the Office Levels of the building. Office Level 2 (13thfloor), where the Department of Procurement Services is located is accessible to the public by twoelevators located in the main lobby of the building. If you park in the Saratoga Street Garage andOffice building, you must take the garage elevators down to the ground level and then enter the Lobbywhere the guard's desk is located and utilize the elevators located in the Lobby in order to ascend tothe Office Level 2. Vendors must allow sufficient time in delivering replies to solicitations to insuretimely receipt by the Issuing Office.

G. PRE-BID CONFERENCE

N/A

H. DURATION OF OFFER

Proposals shall be held firm for one hundred twenty (120) calendar days following the closing date ofMulti Step. If an award is not made during that period, the proposal shall automatically extend foranother 120 days, unless the Offeror gives specific written notice to the Procurement Officer, at least15 days prior to the expiration of the then current 120 day period.

Proposals shall automatically renew for an additional 120 days until such time as an award is made orproper written notification is given to the Procurement Officer of the Offerors intent to withdraw itsproposal. By submission of a proposal, the Offeror guarantees that its offer shall be firm for theperiod specified.

I. TERM OF CONTRACT

The contract shall be for a period of three (3) years.

The University shall have the unilateral option to renew the contract for two (2)additional one-yearterms. Offerors must provide a bid price for each of the optional years.


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J. EVALUATION OF OFFERS

An evaluation committee will evaluate all technical proposals. Those offerers scoring 75% or higheron the technical proposal shall have their prices opened at a public opening. A contract will beawarded to the offerer submitting the lowest bid price for all five years. Failure to provide firmfixed pricing for all five years shall disqualify a bid and it shall not be considered for award.

K. PROPOSAL ACCEPTANCE

The University reserves the right to accept or reject any and all proposals, in whole or in part,received as a result of this Multi-Step Bid, to waive minor irregularities. Further, the Universityreserves the right to make a whole award, multiple awards, a partial award or no award at all.Offerors judged by the procurement officer not to be responsible or offerors whose technicalproposals fail to meet the 75% minimum score shall be so notified. The University reserves theright to increase or decrease the quantities of any materials, equipment, supplies or services.

L. FORMATION OF AGREEMENT/CONTRACT OR ISSUANCE OF PURCHASE ORDER

The Contract to be entered into as a result of this MULTI STEP BID (the Contract) shall be by andbetween the offeror as contractor and the University in the form of either a University PurchaseOrder or Contract and shall contain the provisions included herein as Appendix A (Schedule B) aswell as any additional terms required by the University of Maryland, Baltimore or the State ofMaryland. By submitting an offer, the Contractor warrants that they have reviewed Appendix Aand will execute a contract on that form upon request by University of Maryland, Baltimore.

M. BID/PROPOSAL AFFIDAVIT AND CERTIFICATIONS

State procurement regulations require that proposals contain certifications regarding non-collusion,debarment, cost and price, etc. The affidavit form, which should be completed by all respondentsand returned with their respective responses, is included as Appendix B of the Multi-Step Bid.


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86581CZANTI-VIRUS PRODUCTS FOR MEEC

SECTION II: GENERAL INFORMATION FOR VENDORS

A. PURPOSE

The overall purpose of this MULTI STEP BID is to provide information to vendors interested inpreparing and submitting proposals to meet the requirements for Symantec Anti-Virus productsdescribed herein. Proposals will be received for the items/services specified herein or attachedhereto under the terms, conditions and general specifications of this Multi-Step Bid.

B. GENERAL INFORMATION FOR VENDORS

1. Proposals must be made in the official name of the firm or individual under whom business isconducted (showing official business address) and must be signed by a duly authorizedperson.

2. Each offeror must furnish all information required by the proposal request. Erasures or otherchanges must be initialed by the person signing the proposal. Proposals signed by an agentof the corporation must be accompanied by evidence of their authority.

3. This Multi-Step Bid creates no obligation on the part of the University to award the contractor to compensate offerors for proposal preparation expenses.

4. Before the award of a contract, University of Maryland, Baltimore may require the offeror tosubmit evidence of any information related to the financial, technical, and otherqualifications and abilities of the offeror.

C. ADDENDA TO THE MULTI STEP BID

If it becomes necessary to revise any part of the MULTI STEP BID, addenda will be posted to theeBid Board at www.procurement.umaryland.edu.. It is the responsibility of the vendor to check thewebsite frequently until the opening date for addendums, amendments and changes. Anacknowledgement of the receipt of all amendments, addenda, and changes issued shall be requiredfrom all vendors submitting a response to this Multi-Step Bid.

D. CANCELLATION OF THE MULTI-STEP BID

The University may cancel this Multi-Step Bid, in whole or in part, at any time.

E. ORAL PRESENTATION

Vendors who submit proposals may be required to make individual presentations to Universityrepresentatives in order to clarify their technical proposals.

F. INCURRED EXPENSES

The University will not be responsible for any costs incurred by any vendor in preparing andsubmitting a response to this Multi-Step Bid, delivery of or return of representative samples (ifapplicable).


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G. ECONOMY OF PREPARATION

Responses should be prepared simply and economically, providing a straightforward, concisedescription of the vendors offer to meet the requirements of the Multi-Step Bid.

H. ACCEPTANCE OF TERMS AND CONDITIONS

By submitting a response to this Multi-Step Bid, the firm accepts the terms and conditions set forthin this Multi-Step Bid.

I. PROCUREMENT REGULATIONS

This Multi-Step Bid and any resulting contract shall be governed by the USM Procurement Policiesand Procedures and the State Finance and Procurement Article of the Annotated Code of Marylandand by State Procurement Regulations, Code of Maryland Regulations Title 21, as applicable.

J. MULTIPLE RESPONSES

Vendors may not submit more than one response to this Multi-Step Bid.

K. ALTERNATE SOLUTION RESPONSES

Vendors may not submit an alternate to the solution given in this Multi-Step Bid.

L. TELEGRAPHIC/FACSIMILE MODIFICATIONS

Vendors may modify their responses by telegraphic or facsimile communication at any time prior tothe due date and time set to receive responses provided such communication is received by theUniversity prior to such time and, provided further, the University is satisfied that a writtenconfirmation of the modification with the signature of the vendor was mailed prior to the time anddate set to receive responses. The communication should not reveal the proposal price but shouldprovide the addition or subtraction or other modification so that the final prices, percent or terms willnot be known to the University until the sealed bid price is opened. If written confirmation is notreceived within two (2) days from the scheduled proposal opening time, no consideration will begiven to the modification communication. No telephone, telegraphic, or facsimile price proposalswill be accepted.

M. CONTRACTOR RESPONSIBILITIES

The University shall enter into contractual agreement with the selected offering vendor(s) only. Theselected vendor(s) shall be responsible for all products and/or services required by this MULTISTEP BID. Subcontractors, if any, shall be identified and a complete description of their rolerelative to the proposal shall be included. The Universitys intent is not to direct the use of anyparticular vendor, however, the vendor will not contract with any such proposed person or entity towhom the University has a reasonable objection. Notification of such objection will be made by theUniversity within 15 days of contract. The vendor shall be fully responsible for the acts andomissions of its subcontractors and of persons directly or indirectly employed by them.


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N. PUBLIC INFORMATION ACT

Offerors must specifically identify those portions of their technical proposals, if any, which theydeem to contain confidential, proprietary information or trade secrets and must provide justificationwhy such material should not, upon request, be disclosed by the University under the Access toPublic Records Act, State Government Article, Title 10, Sub-Title 6, of the Annotated Code of

Maryland.

Vendors must clearly indicate each and every section that is deemed to be confidential, proprietaryor a trade secret (it IS NOT sufficient to preface your proposal with a proprietary statement). Failureto comply may result in rejection of your proposal. Multi-Step Bid prices of those vendors achievingthe minimum technical points will be opened publicly.

O. MINORITY BUSINESS ENTERPRISE NOTICES

Minority Business Enterprises (MBE) are encouraged to respond to this solicitation notice.

P. ARREARAGES

By submitting a response to this solicitation, a vendor shall be deemed to represent that it is not inarrears in the payment of any obligation due and owing the State of Maryland, including thepayment of taxes and employee benefits and that it shall not become so in arrears during the term ofthe contract if selected for contract award.

Q. TAXES

The University of Maryland, Baltimore is exempt from Federal Excise Taxes, Maryland Sales andUse Taxes, and the District of Columbia Sales Taxes and Transportation Taxes, except as noted inapplicable sections of COMAR. Exemption Certificates shall be provided upon request. Where aContractor is required to furnish and install material in the construction or improvement of realproperty in performance of a contract, Contractor shall pay the Maryland Sales tax and theexemption does not apply.

R. MULTI-STEP RESPONSE MATERIALS

All written and electronic materials submitted in response to this Multi-Step Bid become theproperty of the University and may be appended to any formal documentation, which would furtherdefine or expand the contractual relationship between the University and the successful vendor(s).

S. DEBRIEFING OF UNSUCCESSFUL OFFERORS

Unsuccessful Offerors may request a debriefing. If the Offeror chooses to do so, the request must besubmitted in writing to the Procurement Officer within ten days after the offeror knew, or shouldhave known its response was unsuccessful. Debriefings shall be limited to discussion of the specificofferors proposal only and not include a discussion of a competing offerors proposal. Debriefingsshall be conducted at the earliest feasible time.


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The debriefing may include information on areas in which the unsuccessful proposers proposal wasdeemed weak or insufficient. The debriefing may NOT include discussion or dissemination of thethoughts, notes or ranking from an individual evaluation committee member. A summarization ofthe procurement officers rationale for the selection may be given.

T. MARYLAND PUBLIC ETHICS LAW, TITLE 15

The Maryland Public Ethics Law prohibits, among other things: State employees or officials (and insome cases, former employees) and businesses in which such an individual is employed or holds afinancial interest from (i) submitting a bid or proposal, (ii) negotiating a contract, and (iii) enteringinto a contract with the governmental unit with which the individual is affiliated per the MarylandCode, State Government Article, SS 15-502.

If the bidder/offeror has any questions concerning application of the State Ethics law to thebidder/offerors participation in this procurement, it is incumbent upon the bidder/offeror to seeadvice from the State Ethics Commission; Office of the Executive Director, 9 State Circle, Suite200, Annapolis, MD 21401, 410-974-2068 or toll free 1-877-669-6085.

The procurement officer may refer any issue raised by a bid or proposal to the State EthicsCommission. The procurement officer may require the bidder/offeror to obtain advice from theState Ethics Commission and may reject a bid or proposal that would result in a violation of theEthics Law.

The resulting contract is cancelable in the event of a violation of the Maryland Public Ethics Law bythe vendor or any State of Maryland employee in connection with this procurement.


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86581CZ

ANTI-VIRUS PRODUCTS FOR MEECSECTION III: TECHNICAL REQUIREMENTS & SPECIFICATIONS

A. OVERVIEW

The Maryland Education Enterprise Consortium (MEEC) is a unique initiative, uniting K-20education partners in Maryland to provide quality information technology opportunities at affordableprices. Maryland educational institutions are eligible to participate in MEEC projects, including theUniversity System of Maryland, private higher education institutions, community colleges and otherpublic higher education entities, K-12 (public, and private) schools, public library systems, publicmuseums, and teaching hospital institutions. MEEC also has members from federal institutions,including USNA, USUHS and two libraries. Participation in all aspects of the consortium isvoluntary and non-exclusive.

MEEC currently has over 190 participating educational entities, representing more than 198,000FTE of faculty and staff. Some of the participants have overseas facilities/affiliations that areeligible to use the contract. These overseas facilities/affiliations are included in Appendix C. Theseoverseas facilities are provided as examples of those facilities and are in no way to be consideredinclusive. MEEC reserves the right to add additional overseas facilities as needed during the life ofthe Contract.

B. SCOPE OF PROJECT

The purpose of this Request for Multi-Step Bid is to establish a contractual relationship with anOfferor for providing a comprehensive anti-virus software solution for the Symantec suite of anti-virus products. This contract will serve the purpose of procuring, supporting, and distributing thoseanti-virus products via academic volume licensing, as well as potentially providing services, toparticipants of the Maryland Education Enterprise Consortium (MEEC), in accordance with theMEEC/Symantec Agreement (Agreement). As stated previously, participation is voluntary, and willdepend on the agreement terms.

This Request for Multi-Step Bid shall serve to provide the necessary information to potentialOfferors and to create the understanding required for submitting quality proposals. Offerors must beable to meet or exceed the requirements for the products, specifications and services hereindescribed.

We are looking for a single contractor to deliver the above licensing options as well as any servicesfor MEEC. This will afford the selected offeror the opportunity to sub-contract as deemed necessary.

The selected Offeror shall serve as the interface between the MEEC Community and Symantec forall aspects of the contract. The selected Offeror shall provide and be responsible for the services andproducts defined herein in accordance with the MEEC/Symantec Agreement. All eligibleinstitutions may participate under this multi-step bid and volume license program.

C. MANDATORY FEATURES

MEEC is looking for a single contractor to deliver the requested anti-virus suite of products throughthis procurement.


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The selected offeror will be responsible for providing the anti-virus suite of products and services tothe individual MEEC institutions, under the Academic Volume Licensing programs, in accordancewith the MEEC/Symantec Agreement. The selected offeror will be required to keep all records onbehalf of MEEC that are required by the Agreement.

Offerors must provide firm-fixed unit pricing per the specifications defined herein. All pricing

information is to be included in Appendix D and submitted in the separate financial bid ONLY.The quantities listed in Appendix D are for evaluation purposes only. The actual quantities maybe higher or lower.

Offerors shall address each point below and explain their process for compliance where requested.Simple YES or NO responses are insufficient. Rather, the offeror must describe in detail how theproposed products and/or services meet or exceed the stated requirements. Also, where requested,the offeror must state that they Understands and will comply with the requirement. Failure toprovide either the required information or providing incomplete information and failure to statewhere requested that the offeror Understands and will comply with the requirement for any of thefollowing will be cause for determining a proposal as not reasonably acceptable of being selected foraward.

1. The Symantec Academic Volume Licensing program must include:

a. Products in the Symantec Endpoint Protection and Symantec Protection Suite

1. SYMANTEC ENDPOINT PROTECTION 11.0

a. PC & laptop anti-virus protectionb. Network server anti-virus protectionc. Centralized management consoled. Device & application controle. Network threat protectionf. Proactive threat protectiong. Antispywareh. Firewalli. Includes support for Macs

2. SYMANTEC PROTECTION SUITE ENTERPRISE EDITION V 3.0

a. Symantec Endpoint Protection for PC & laptopb. Internet gateway anti-virus protectionc. Email servers anti-virus protectiond. Network server anti-virus protectione. Centralized management consolef. Desktop/laptop backupg. Anti-spamh. Network Access Control Selfenforcementi. Includes support for Macs

Offeror must state that they understand and will comply with this requirement.


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b. The anti-virus software solution must provide support for the following platforms andversions, as well as all future releases of these platforms:1. Microsoft Windows 98, Windows 2000, Windows XP, Windows 72. Microsoft Windows NT Server, Microsoft Windows 2000 Servers, Microsoft

Windows Server 2003 , Microsoft 2008 Servers3. Novell Netware 6.x supported by SAV v10 until 7/4/20124. Apple Macintosh, OS 8, OS 9, and OS X 10.x and Snow Leopard 10.6


c. The anti-virus software solution must include the capability for remote server management.Features must include, but are not limited to:1. Remote PC & laptop management2. Remote upgrading of virus signatures and the anti-virus engine3. Remote scans4. Centralized logging5. Remote installation for upgrades of anti-virus software


d. The anti-virus software solution must include the capability to detect and protect againsthostile Java and ActiveX controls. The Offerors anti-virus software solution must providesupport for:1. Exchange2. Lotus


e. Student licensing


f. Work-at-home rights


g. Upgrade to Symantec Endpoint Protection from Corporate Edition as well as upgrade support.


2. Demonstration of Offerors Ability.

a. The agreement embraces the Academic Volume licensing as well as coverage for students.The offeror must provide proof in their proposal that they can deliver as a single unit orthrough sub-contractors.

b. Offerors must be authorized to distribute the Symantec products and services and provideproof of this authorization and good standing via a letter from the manufacturer.

1. Offeror must be members in good standing with the Symantec Academic/GovernmentAuthorization Program.


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c. Offerors must provide a detailed plan of operation indicating the offerors understanding ofMEEC requirements. Submissions of brochures and/or specification sheets alone are notacceptable and are to be included only as supplemental material.

d. Offerors must provide information regarding their organizational experience and capabilitiesincluding description of general background, experience and qualifications.

e. The offeror must provide appropriate documentation for all software included in thissolicitation. Offeror must state that they understand and will comply with thisrequirement.

f. Offeror must provide proof that they are capable of worldwide distribution at the locationsspecified in Appendix C. Worldwide distribution must include media, electronic andhardcopy documentation, shrink wrap, etc.

3. Licensing/Bugs/Fixes

a. Symantec anti-virus product must include: virus protection at the desktop, Internet gateway,email server, application server, file server as well as centralized policy management andreporting. Offeror must state that they understand and will comply with thisrequirement.

b. Discounts for all other IT security products offered by Symantec must be at least 22% off ofthe MSRP List price. Offerors should provide their best discount rate. New productsintroduced by Symantec must also be included. Please provide discount in Appendix D.Offeror must state that they understand and will comply with this requirement.

c. The License for all software included under this agreement must be perpetual and include theright to upgrade to the current version of both the Anti-Virus DAT (signature) file and theengine during the term of the Agreement. Offeror must state that they understand andwill comply with this requirement.

d. The License for all software included under this Agreement to higher education entities mustinclude the right to use the software on all institutionally-owned computers and home use forall faculty, staff and students if applicable. Offeror must state that they understand andwill comply with this requirement.

e. The License for all software included under this Agreement to K-12 entities must include theright to use the software on all institutionally-owned computers, and home use for all facultyand staff. Offeror must state that they understand and will comply with thisrequirement.

f. The License agreement must permit additional institutions and schools to join during the termof the agreement. Offeror must state that they understand and will comply with thisrequirement.

4. Warranty

Software must be under maintenance and service warranty for the life of the license. Offerormust state that they understand and will comply with this requirement.


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5. MEEC Web Specification

a. The selected offeror must establish, develop and maintain a dedicated website to support theMEEC community with both secure and non-secure portions. The website must be developedby the selected offeror and approved by MEEC leadership within 90 days of awarding thiscontract. Offeror must state that they understand and will comply with this

requirement.

b. The website must provide the following which are to be on a non-secure portion of thewebsite, unless otherwise noted :

1. The website shall have a designated portion as a secure, authenticated (passwordrestricted) website. Only designated administrative and technical personnelrepresenting each MEEC institution shall be granted access to this secure website.

2. Authenticated logins will be provided only to authorized representatives from eachparticipating institution. Those representatives will be divulged, in writing, to theofferor chosen via the enrollment process.

3. The website must be available 24 x 7, with minimal interruptions for maintenance.

4. All related contract information and documents must be viewable or available fordownload from the secure portion of the site.

5. All reports, as specified in the mandatory requirements, shall be housed on the websiteunder the secure portion of the site.

6. Access to the software price lists is to be available under the secure portion of the site.

7. The selected offeror must provide the ability to order all products via the securewebsite by participating MEEC institutions. The website must accept various optionsfor placing orders (i.e., Standard PO, Blanket PO, credit cards, etc.) on the secureportion of the site.

8. Signup for optional email notifications of related offerings for MEEC institutions.

9. FAQ area available to all MEEC Institutions.

10. A list of all value-add services available to MEEC institutions.

Offeror must state that they understand and will comply with requirements 5.b.1 thru 10.

6. Media Distribution.

a. All licensed products must be available for additional purchase via certified optical mediafrom the selected offeror. To permit ease of distribution to many diverse locations, offerorsdistribution optical media must be certified duplicable media without serialization. Theoptical media may be duplicated in-house. Offeror must state that they understand andwill comply with this requirement.


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b. Distribution of the Symantec anti-virus software solution must be provided via the followingmethods:

1. Download via password protected web location. Each participating entity shallreceive 2 separate access accounts to access downloadable software.

2. Optical Media. Offeror must provide a list of software available via optical media

with associated part numbers.

Offeror must state that they understand and will comply with requirement 6.b.1 and 2.

c. Upgrades, bug fixes, patches, and new releases of the Symantec anti-virus software solutionshall be made available for download immediately after public release or via optical mediawithin 1 3 business days of public release by offeror. Offeror must state that theyunderstand and will comply with this requirement.

d. For additional orders of media, the selected offeror must ship all purchases within tenbusiness days after receipt of order. If this is not possible, e-mail notification to the personthat placed the order shall be issued by the close of business on the tenth business day.Offeror must state that they understand and will comply with this requirement.

e. The selected offeror must provide the ability for MEEC institutions to purchase the propermedia for student and work at home distribution. Offeror must state that they understandand will comply with this requirement.

f. The selected offeror must have the ability to aggregate media purchases among MEECmembers if there are minimum shipment order requirements. Offeror must state that theyunderstand and will comply with this requirement.

g. Defective media must be replaced, free of charge, within two business days. Offeror muststate that they understand and will comply with this requirement.

7. Reports.

The selected offeror must maintain all records and provide reports required by Symantecpertaining to licenses as well as any other reports required as part of the contractual agreementwith Symantec or by MEEC. Reports are to be posted on the restricted portion of the MEECwebsite and available by institution as well as aggregated by educational segment, K-12 (public,private), community colleges, private universities, public universities, and the USM) and all ofMaryland education. The following reports, as well as any other reports, must be available inExcel, Word, and PDF formats. Monthly, quarterly, and semi-annual reports are to be posted bythe 15th of the following month. Fiscal year reports are to be posted by the 10th business day ofeach July. Offeror must state that they understand and will comply with this requirement.

a. Distribution Report. The selected offeror must provide these reports by institution and/or byeducational sector (i.e., private higher education, public K-12, etc.) demonstrating deliveryperformance for the previous month. Information shall include, but is not limited to productsordered, date ordered, institutional site, product ship date, and problems. Offeror must statethat they understand and will comply with this requirement.


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b. Purchase Report. The selected offeror must provide a detailed (monthly, quarterly, and fiscalyear) report of purchases by institution name, date of purchase, amount of product purchased,product name, product delivery date, procurement method, and any arrears. Offeror muststate that they understand and will comply with this requirement.

c. Aggregated Purchase Reports. The selected offeror must provide a (monthly, quarter, andfiscal year) collective report of purchases for MEECs internal use. Offeror must state that

they understand and will comply with this requirement.

8. Contract Support

The selected offeror must provide a point of contact to answer questions from representativepersonnel from each participating MEEC institution concerning the administration of the contract.Offeror must state that they understand and will comply with this requirement.

The selected offeror must provide the following:

a. Worldwide accessible toll-free number, available 7:00 am to 7:00 pm (Monday - FridayEastern Time), providing a four-hour response time. Offeror must state that theyunderstand and will comply with this requirement.

b. Three (3) named contacts per MEEC institution. Offeror must state that they understandand will comply with this requirement.

c. Offeror must provide the ability for additional named contacts for technical support. Offerormust state that they understand and will comply with this requirement.

9. Packaging and Marking

The following packaging and marking requirements are incorporated herein:

The Contractor shall:

a. Mark the outside of each shipment carton with the purchase order number or identificationnumber as directed by the individual orders placed by each MEEC institution and prepareeach shipment in conformance with carrier requirements and accepted trade practices.Offeror must state that they understand and will comply with this requirement.

b. Deliver each shipment in good order and condition to the point(s) of delivery specified in the

individual orders. Offeror must state that they understand and will comply with thisrequirement.

c. Be responsible for any loss and/or damage to the goods occurring before receipt of eachshipment by the consignee at the delivery point(s) specified in the individual orders. Offerormust state that they understand and will comply with this requirement.

d. Furnish a delivery schedule and designate the mode of delivering carrier to the user contactspecified in the individual orders. Offeror must state that they understand and willcomply with this requirement.

10.The following delivery or performance requirements are incorporated herein:


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a. Prices quoted shall include all transportation and delivery charges fully prepaid by theContractor, Free On Board (FOB) Destination to the MEEC member institution placing theorder. Offeror must state that they understand and will comply with this requirement.

b. Delivery and/or performance schedules will be stipulated by MEEC member institutions intheir individual orders. Offeror must state that they understand and will comply with this

requirement.

11. Insurance1. The insurance requirements are as follows:

a. The contractor shall not start work under this contract until the Contractor hasobtained at its own expense all of the insurance called for hereunder and suchinsurance has been approved by the procurement officer; nor shall theContractor allow any subcontractor to start work on any subcontract until allinsurance required by the subcontract has been obtained and approved by thecontractor and University of Maryland, Baltimore. Approval of insurancerequired of the contractor and subcontractors for the University will be grantedonly after submission to the University of original certificates of insurancesigned by an authorized representative of the insurers or, alternately, at theUniversitys request, certified copies of the required insurance policies.

b. The Contractor shall require all subcontractors to maintain during the term ofthis agreement, Commercial General Liability insurance, Business AutomobileLiability insurance, Workers Compensation and Employers Liability insurance,in the same manner, including the additional insured requirements in paragraph12.1.e., as specified for the Contractor. The Contractor shall furnishsubcontractors certificates of insurance to the University immediately uponrequest.

c. All insurance policies required hereunder shall be endorsed to include thefollowing provision; It is agreed that this policy is not subject to cancellation,non-renewal, material change, or reduction in coverage until forty-five (45)days prior written notice has been given to the University.

d. No acceptance and/or approval of any insurance by University of Maryland,Baltimore shall be construed as relieving or excusing the Contractor, or thesurety or bond, if any, from any liability or obligation imposed upon either orboth of them by the provision of the Contract Documents.

e. NAMED ADDITIONAL INSURED The University of Maryland,Baltimore and the State of Maryland (including their elected or appointedofficials, agents and employees) is to be named as additional insured under allcoverages except Workers Compensation, and the certificates of insurance(or the certified policies, if requested) must so indicate through inclusion ofappropriate endorsement. Coverage afforded under this paragraph shall beprimary to any other insurance of self-insurance, whether or not suchother insurance or self-insurance is stated as primary, excess or

contingent, as respects the above additional insured, their elected and

appointed officials, agents and employees.f. Insurance coverage required in these specifications shall be in force through

contract completion. Should the Contractor fail to provide acceptable evidenceof current insurance within ten (10) days of receipt of written notice at anytime during the contract term, the University shall have the absolute right to


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terminate the Contract without any further obligation to the Contractor, and theContractor shall be liable to the University for the entire additional cost ofprocuring substitute performance and the cost of performing the incompleteportion of the Contract at time of termination.

g. Contractual and other liability insurance provided under this Contract shall notcontain a supervision, inspection or engineering service exclusion that wouldpreclude University of Maryland, Baltimore or participation institutions from

supervising or inspecting the operations of the contractors as the end result.h. The Contractor shall assume all on-the-job responsibilities as to the control ofpersons directly employed by it and of agents or subcontractors and anyonedirectly or indirectly employed by any of them, or by anyone for whose actsany of them may be liable. The Contractor shall be as fully responsible to theUniversity for the acts and omissions of its subcontractors and of personsemployed by them as it is for acts and omissions of persons directly employedby the Contractor.

i. All required insurance coverages must be acquired from insurers allowed to dobusiness in the State of Maryland and acceptable to University. The insurersmust have a policyholders rating A- or better, and a financial size of ClassVII or better in the latest edition of Bests Insurance Reports.

j. UMB will consider deductibles or self-insured retention as part of its review ofthe financial stability of the bidder. Any deductibles or self insured retentionshall be disclosed in the Contractors proposal and shall be assumed by theContractor.

2. The Contractor shall purchase the following insurance coverages:a. Commercial General Liability Insurance or its equivalent, for bodily injury,

personal injury and property damage, including loss of use. It is preferred thatcoverage be provided on an occurrence basis. If claims made forms aresubmitted, the requirements noted in section 12.5 must be met. SuchCommercial General Liability policy shall include the following extensions:

i. It is preferred that the general aggregate limit applies separately to thisproject:

ii. Premises/Operations:iii. Actions of Independent Contractors:iv. Products/completed Operations to be maintained for two (2) years after

completion of the contract.v. Contractual Liability including protecting for the Contractor for claims

arising out of liability assumed under this contract.vi. Personal injury liability including coverage for offenses related to

employment, and for offenses assumed under this contract.b. Business Automobile Liability, which will pay for liabilities arising out of

accidents involving the ownership, operation, maintenance or use of anyowned, hired or non-owned motor vehicles, uninsured motorists insurance andautomobile contractual liability.

NOTE: INSURANCE MUST BE ON A PRIMARY BASIS. CONTRACTUALREQUIREMENTS MUST BE CLEARLY INDICATED ON CERTIFICATE OR BYENDORSEMENTS.c. Workers Compensation statutory benefits are required by Maryland law or

other laws as required by labor union agreements, including standard OtherStates coverage; Employers Liability coverage.


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3. The coverage listed in Section III, 12.2.a., b., and c. (above) shall be written for notless than the following limits of liability. Limits can be furnished by a combinationof primary and excess (umbrella) policies.a. Commercial General Liability Insurance including all extensions

$2,000,000 each occurrence;$2,000,000 personal injury;

$2,000,000 products/completed operations;$2,000,000 general aggregatedb. Business Automobile Liability -

$2,000,000 each accidentc. Workers Compensation insurance statutory requirements.

Employers liability insurance - $1,000,000 each accidental injury; and$1,000,000 policy limit for disease.

4. Tort-Claim Act It is agreed that the contractor and its insurers will not raise or use,in the adjustment of claims or in the defense of suits against any participating USMinstitution, any immunity of the insured from tort liability, (including Maryland TortClaim Act), including any limitation of liability, unless requested by any participatinginstitution.

5. NOTE: If insurance required in terms 2.a.iv. and v. above has been issued on aclaims made basis, the Contractor must comply with the following additionalconditions. The limits of liability and the extensions to be included as described aboveremain the same. The Contractor must either:a. Agree to provide certificates of insurance evidencing the above

coverages for a period of three (3) years after final payment for the contract.Such certificates shall evidence a retroactive date no later than the beginning ofthe Contractors or Subcontractors work under this contract, or

b. Purchase an extended (minimum three (3) years) reporting period endorsementfor the policy or policies in force during the term of this contract and evidencethe purchase of this extended reporting period endorsement by means of acertificate of insurance or a copy of the endorsement itself, and

c. The retroactive date must be effective prior to the inception of the workunder this contract, and

d. No sunset clauses shall apply.

A CERTIFICATION FROM AN AUTHORIZED BROKER OR AGENT THAT ALLREQUESTED COVERAGES ARE AVAILABLE AND WILL BE PROVIDED TO THE

CONTRACTOR UPON AWARD OF THIS CONTRACT MUST BE PROVIDED WITH

YOUR PROPOSAL.

D. DESIRABLE FEATURES

1. Training.

Training is a component of this multi-step bid process and if offered, user training is to beavailable for a variety of applications, as well as the set-up and use of the tools andtechnologies. Training is to be available through a variety of modes, on an as-needed, asrequested basis.


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MEEC member institutions will issue individual orders for training to the selected offeror.The selected offeror is responsible for the quality of any training that may be provided bysubcontractors. The quality of the training provided shall be determined by the MEECinstitution requesting the training. The MEEC institution shall notify the selected offeror ofissues that the MEEC institution may have with the training provider. MEEC reserves theright for the MEEC institution to request that the selected offeror replace the trainingprovider, if the issue(s) remains uncorrected.

There may be an occasion that MEEC member institutions will aggregate the number ofstudents within a class in order to effectively manage time and cost. Should this arise, theMEEC member institutions will issue individual orders for the training and the vendor shallapply it to one class event.

The training requirements are expected to include Symantec application products in bothtechnical and user areas.

Training Materials: Offerors should provide any and all training materials. The offeror willsupply students with training manuals and product disks as appropriate for all courses.

Class sizes should be limited to the number of available workstations per student. Eachworkstation must include adequate workspace and an environment conducive to learning forboth on-site and off-site training.

Offerors should provide the appropriate levels of user training courses proposed for

each software package, and should include sample-training agendas for three (3) courses

with their proposal.

Offeror should provide a repository of available courses, procedures for scheduling both on-site and off-site classes, schedules, locations, pricing, and the process forenrolling/scheduling/payment which are to be posted on the designated MEEC website.

Offerors should describe their capability to provide IT training content, as noted above, tomeet the following requirements:

a. Onsite, instructor-led training. Offeror should be prepared to train in all institutionswithin the MEEC community, keeping classes at a manageable size of 20 students.Offeror should provide a minimum of five (5) business days notice of requiredequipment or software installation needs prior to scheduled classes.

b. Certification Training. Offeror should specify the type of Symantec certification and alist of courses required for each certification. The course listing should be accessiblethrough the MEEC web page and include a list of dates and locations available foreach required course on a quarterly basis.

Certification Testing. Offeror should supply certification testing, including location,discounts, and certification packages.

c. Off-site Training. Offeror should supply the addresses of current off-site trainingfacilities in the State of Maryland. Offeror should provide the facility description,equipment, class size limitations, scope of classes available, etc. If future sites are


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planned, the offeror must include the anticipated opening date of said facility, as wellas other pertinent information listed above.

d. Training Materials. Offeror should provide any and all training materials forinstructor-led and certification training. The offeror will supply participants withtraining manuals and exercise disks, as appropriate for all courses.

e. Offeror should provide a list of platforms covered for training (e.g., Windows,Macintosh, Unix).

f. Class size should be limited to the number of available workstations within anadequate workspace and an environment conducive to learning for each student.

g. Project Inclusions for Onsite Training:1. Class cancellation option (72 hours notice if class registration is low;

postponement option when class is cancelled due to institution closure forinclement weather or a Homeland Security-related event).

2. Invoices issued AFTER a class has been taught.

h. Project Exclusions for Onsite Training:1. Marketing and registration functions shall be the responsibility of the hosting

Institution.2. Costs of the offerors travel and parking fees shall be the responsibility of the

offeror.

i. Staff must have actual training experience in providing training in some or allspecified applications, preferably for enterprises similar in size. Upon request, offerorshall be prepared to supply resumes and proof of appropriate certifications of those

who will be conducting instructor-led training.

j. Evaluation of offeror training capability will be based on the offerors qualifications,staff qualifications, understanding of the requirements and ability/willingness to meetthem, experience with similar requirements, and past performance (also applies toproposed subcontractors).

l. References. Offerors should provide at least three (3) references from customers forwhom training was provided and is to include the following for each reference:1. Company Name2. Company Address

3. Contact person(s)4. E-mail address of contact person(s)5. Phone number of contact person(s)

2. Technical Support for all Symantec ProductsOfferor is to describe in detail, the support programs for all Symantec products. Resourcesare to be provided via the designated MEEC website hosted by the selected offeror.

3. Electronic Software Distribution


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a. Offeror may provide solutions for secure authenticated electronic downloadopportunities. Electronic download mechanisms should be able to handle variousauthentication methods (i.e. LDAP, Shibboleth) and remote locations (i.e. overseas).The secure website must be able to facilitate software installation requirements forwork-at-home, students, and institutions. Please describe how this will beaccomplished.

b. Offeror may provide mechanisms for automated and/or scheduled upgrades of anti-virus software included in this agreement. Please describe how this may beaccomplished.

c. Installations and upgrades of the anti-virus software solution may be supported viapush mechanisms for mass deployment. Please describe how this will beaccomplished.

4. Documentation

a. Offeror should provide documentation for all software included in this solicitation inat least one of the following formats:1. HTML2. PDF3. Microsoft Office format (e.g., DOC, PPT)

Please discuss capability of providing documentation in these formats.

5. Platforms

a. The anti-virus software solution may provide support for the additional followingplatforms, as well as all future releases of these platforms:1. LINUX2. Solaris3. IBM AIX4. Other Unix variants

6. Consulting and architecture design services

Offeror should include a detailed description of any additional design services available.

7. Duplication

a. This contract may cover duplication of media. Please describe support for theduplication of training manuals for products covered under this Agreement, with theunderstanding that some participants may elect to do their own duplication and othersmay rely on the selected offeror.

8. Potential partnership and business opportunities

Various MEEC institutions bookstores and computer stores play a vital role in thedistribution of licensed software to students. These bookstores enjoy varied relationship


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models, ranging from tightly integrated to privatized and independent services. The K-12community does not share the advantage of local campus bookstores to serve ageographically separated teacher/staff population. The selected offeror should have theability to provide these services for those institutions that require it. The offerors shoulddemonstrate their ability to provide this service.

9. EXECUTIVE/MANAGEMENT SUMMARY

The Executive/Management Summary should contain a brief synopsis of how the Offeror'sproposal meets the needs of the MEEC.

10. KEY PERSONNEL: Within this category, the named positions are defined below. Thesekey people MUST be direct employees of the bidding firm.

Account Representative: Person from the Offeror who will be involved on a continual basisfrom commencement of the contract and act as a liason to MEEC. This person will beresponsible for the overall management of the contracting team.

Account Manager/Executive: Person from the Offeror who will be to actively be involvedwith the MEEC community and to ensure partner vendor and client relationships are executedsmoothly.

Provide the names of the Account Representative and Account Manager/Executive to beassigned to the MEEC Anti-Virus Contract, if awarded. Complete a Key Personnel Formfor these people inclusive of the following:

Note: The Key Personnel Form (Appendix E) was developed for use on this procurement toensure that all requested information is provided. Offerors are not required to utilize thisform; however, should a Offeror elect not to use this form, it is the Offeror's responsibility toprovide all requested information within his Technical Offer.

- Educational background;

- Work experience with the offering firm inclusive of duration of employment andposition(s) held;

- Work experience with prior employers, durations of employment and position(s)held; and,

- Specific project experience similar to the MEEC Anti-Virus contract and the rolethis person played in each selected contracts. A brief description of the contractshould be given including the type of contract, dollar volume, and membership ornumber of academic entities.

11. PAST PERFORMANCE/PRIOR EXPERIENCE

a. Offerors should also include prior experience serving clients of similar size as well asany consortia clients being served.

b. Offeror shall include in their proposal four current references, within the last two (2)years of programs of similar scope for Anti-virus products or other Software. This list


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of references is to include sites both inside and outside of the continental UnitedStates. Provide the following information for each reference:

Current Address Contact person(s) E-mail address of contact person(s) Phone number of contact person(s)

Fax number of contact person(s) Scope of current contract.

c. A list of users, locations, contact persons, and phone numbers where this service hasbeen terminated or otherwise discontinued, if any, within the last five (5) years. Ifthere are none, the Offeror shall so state.

MEEC reserves the right to take any or all of the following actions:

to reject a proposal based on an unsatisfactory reference, to contact any person or persons associated with the referenced site,

to request additional references,

to contact organizations known to have used in the past or currently using theservices supplied by the Offeror or the Offeror's subcontractors,

to contact independent consulting firms for additional information about theOfferor or the Offeror's subcontractors, and

to visit any or all of the reference sites.

E. ECONOMIC BENEFITS FACTOR

Provide a detailed, but concise, overall description as to how the award of this contract will benefitthe economy of the State of Maryland if your company is the successful Contractor. Such itemsinclude, but are not limited to, (i) contract dollars to be recycled into Maryland's economy in support

of this contract, through the use of Maryland subcontractors and suppliers; (ii) the number and type ofjobs for Maryland residents resulting from the contract; (iii) tax revenues to be generated forMaryland and its political subdivisions; and (iv) subcontract dollars committed to Maryland smallbusinesses and MBE's.

F. Symantec Pricing

The anti-virus suite of products negotiated price has been set with Symantec. Please contact Mr.John Lally, Sr. Account Manager, at 240.401.7342 or email [email protected]


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SECTION IV. EVALUATION AND SELECTION PROCEDURES

A. EVALUATION AND SELECTION COMMITTEE

All vendors proposals received by the closing deadline will be evaluated. The Procurement Officer

shall establish an Evaluation Committee to review and rate the proposals. The Committee shall becomposed of the Procurement Officer and any other individuals that the Procurement Officer mayappoint. The Committee may request additional technical assistance from any source.

B. EVALUATION PROCEDURE

Qualifying Proposals The Committee shall first review each proposal for compliance with themandatory requirements of this Multi-Step Bid. Failure to comply with any mandatoryrequirement will disqualify a vendors technical proposal. The University reserves the right towaive a mandatory requirement when it is in its best interest to do so. Any alternate solutionproposal submitted (if permitted by this document) must be complete and will be subject to a fulland independent evaluation. In addition, the vendor must assume responsibility for addressing allnecessary technical and operational issues in meeting the objectives of the Multi-Step Bid. Thetechnical proposal will be scored according to the criteria listed below.

C. TECHNICAL EVALUATION

After determining compliance with the mandatory requirements in this Multi-Step Bid, theCommittee shall conduct its evaluation of the technical merit of the desirables in accordance with theEvaluation Criteria.

Minor irregularities in proposals, which are immaterial or inconsequential in nature, may be waivedwherever it is determined to be in the States best interest.

Based on the evaluation committees initial review of proposals, the Issuing Office may invite,without cost to itself, ranking finalists to make a presentation of their proposal and their capabilitiesas a further consideration in the selection process. The University reserves the right to make anaward with or without negotiation. Only those vendors who are to be reasonably susceptible ofbeing selected for award shall be offered the opportunity to participate in the process.

D. MINIMUM TECHNICAL SCORE

Vendors must achieve a minimum technical score of 75% of the total points available for thetechnical evaluation in order to be considered for further evaluation. Vendors not achieving thisminimum technical score will have their financial volumes returned to them.

E. FINANCIAL EVALUATION

Award will be made to the Offeror who submits the lowest financial price from amongst thoseachieving a minimum score of 75% or higher. Pricing will be opened at a public opening. Thosevendors meeting or exceeding minimum technical score shall be notified in writing of the priceopening date.


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F. CRITERIA FOR TECHNICAL EVALUATION

The criteria that will be used by the committee for the technical evaluation of the proposals for thisspecific procurement are listed below. Each committee member will score the proposals on eachmajor criterion. The order of importance form most importance to least importance is listed below.

TECHNICAL PROPOSAL

Evaluation Criteria

1. Past Performance/Prior Experience

2. Key Personnel

3. Technical Support for All Symantec Products

4. Training

5. Electronic Software Distribution

6. Platforms

7. Documentation

8. Duplication

9. Executive Management Summary

10. Potential Partnership and Business Opportunities

11. Consulting and Architecture Design Service

12. Economic Benefits Factor


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SECTION V. INFORMATION REQUIRED IN VENDOR PROPOSALS

A. TRANSMITTAL LETTER

A transmittal letter prepared on the vendors business stationery should accompany the proposal.

The purpose of this letter is to transmit the proposal; therefore, it should be brief. The letter must besigned by an individual who is authorized to bind the firm to all statements, including services andprices, contained in the proposal.

B. TWO VOLUME SUBMISSION

The selection procedure for this procurement requires that the technical evaluation of the proposalsis to be conducted before the cost data is publicly opened. Consequently, each proposal must besubmitted as two separate enclosures as indicated below. Failure to do so may constitutedisqualification of a vendors proposal. In addition to the original and six (6), hard copiesrequired, the vendor shall also submit with their technical proposal one (1) copy of the

technical proposal on CD in PDF format. The Vendor shall all include with their financial bid,one copy (1) of the financial bid on CD in PDF format.

C. VOLUME I TECHNICAL (Step 1)

This volume should be prepared in a clear and precise manner. It should address all appropriatepoints of this Multi-Step Bid except financial information. This volume consists of and must containthe following sections:

1. Management Summary2. Compliance with Multi-Step Bid Specifications3. Certification to provide insurance as required4. Bid/Proposal Affidavit

The Management Summary should contain a brief synopsis of the needs of the University relativeto this MULTI STEP BID and the solution that the vendor is offering through their proposal.

The Compliance with Multi-Step Specifications is to be prepared in the same sequence as theSpecifications section of this Multi-Step Bid. Offeror must list the requirement and provide therequested response to the requirement. The technical proposal must be expressly clear as towhether or not the vendor can satisfy each point of the Multi-Step Bid specifications. This section isnot to be prepared with YES or NO replies only. The vendor must describe how he will provide the(services/products) specified to satisfy the stated requirements or conditions.

Any other information that may be relevant but does not fall in the above format should be providedas an appendix to this volume. Minor irregularities in the proposals, which are immaterial orinconsequential in nature, may be waived whenever it is determined to be in the best interest of theUniversity.

If company literature or other publications are included and intended to respond to a Multi-Step Bidrequirement, the response in this volume should include reference to the document name and page.


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Technical volumes containing no such citations will be considered complete and without need torefer to other documents, i.e., the Evaluation Committee will not be required to refer to anyadditional documents for the vendor responses to Multi-Step Bid requirements during the evaluationprocess.

D. VOLUME II FINANCIAL (Step 2)

This volume must be submitted in a sealed envelope separate and apart from the technical volume.Offeror shall use the same pricing format required by the University in Appendix D this Multi-StepBid.


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SECTION VI. APPENDICES AND ATTACHMENTS

APPENDIX A - Schedule B Solicitation and Purchase Order Terms and Conditions

APPENDIX B - Bid/Proposal Affidavit

APPENDIX C- Overseas Facilities/Affiliations

APPENDIX D- Cost Sheets

APPENDIX E- Key Personnel Form


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APPENDIX A

SCHEDULE BUniversity of Maryland, Baltimore

SOLICITATION TERMS & CONDITIONSNovember 2006

Definitions:

(a) "Vendor" or "Contractor" means a person, partnership, corporation or other entity submitting an offer in response to a University solicitation.(b) "Offer" means a quote submitted by a vendor.(c) "UMB" means the University of Maryland, Baltimore or any other component of the University System of Maryland (USM) on behalf of which this procurement ismade by UMB.(d) "Contract" an agreement entered into by UMB for the acquisition of supplies, services, construction, architecture services and engineering services.

Terms:1. Reservation of Rights. This solicitation creates no obligation on the part of UMB. This solicitation may be cancelled at any time prior to

opening of offers. UMB reserves the right to increase or decrease the quantities of any materials, equipment, supplies or services described in the solicitation.Offers may be modified or withdrawn by written notice received prior to the time and date set for opening. UMB reserves the right to accept or reject any andall offers in whole or in part. The University reserves the right to make awards by item, groups of items, multiple awards, or on an all or none basis as bestserves the interests of the University.

2. Pricing. The unit price shall be considered as the offer price, which will be evaluated by UMB. Separate unit prices shall be submittedfor each item; extensions shall be indicated where applicable and total offer price shown when requested. Unless otherwise provided in the solicitation, offer prices areirrevocable for a period of 90 days following the date set for offer opening.

3. Specifications; Equivalents. All materials, equipment, supplies or services shall conform to applicable Federal and State laws and regulations andto the specifications contained in the solicitation. Any manufacturer's names, trades names, brand names, information and/or catalog numbers listed in a specificationare for information and are not intended to limit competition. The vendor may offer any brand which meets or exceeds the specification for any item(s). If offers arebased on equivalent products, the vendor shall indicate on the offer form the manufacturer's name and product number and shall submit with the offer cuts, sketches,and descriptive literature and/or complete specifications. Reference to literature submitted with a previous offer shall not satisfy this provision. The vendor shall alsoexplain in detail the reason(s) why the proposed equivalent will meet the specifications and not be considered an exception thereto. UMB reserves the right todetermine acceptance of any items proposed as equivalent. Offers which do not comply with these requirements are subject to rejection. Offers lacking any writtenindication of intent to offer an alternate brand shall be received and considered in complete compliance with the specifications as listed on the solicitation form.

4. Samples. UMB reserves the right to request and be furnished samples, at no expense to UMB, prior to or after the award, for the purpose ofquality and specification evaluation. Samples shall be returned, upon request, at the vendor's expense. UMB does not guarantee that Samples returned will be in thesame condition as when submitted.

5. Vendor's Terms and Conditions. The Purchase Order issued by UMB shall constitute the contract between the parties. A VENDOR'SPROPOSED TERMS ARE NOT PART OF THE CONTRACT UNLESS SPECIFICALLY ACCEPTED IN WRITING BY THE PROCUREMENT OFFICER. NOOTHER UNIVERSITY EMPLOYEE CAN ACCEPT OR EXECUTE A CONTRACT FORM OR ACCEPT A VENDOR'S TERMS. Any terms and conditions,including any form contracts, which the vendor proposes to use, shall be submitted (a) by the solicitation closing date in the case of a single step procurement or (b) bythe closing date for technical offers, in the case of a multi-step procurement. If a vendor does not submit any proposed terms on a timely basis, its offer will be deemedan offer to contract on UMB's terms. If a vendor timely proposes any non-UMB terms or conditions, the vendor must indicate clearly in writing whether or not its offeris contingent upon the acceptance of any or all of the vendor's terms and conditions. UMB may reject any offer made contingent upon University acceptance of a

vendor's terms and conditions.6. Minority Business Enterprise Notice.

(a) Minority business enterprises are encouraged to respond to this solicitation(b) Refer to the specifications of the solicitation for identification of Minority Business Enterprise "MBE" participation goal.

7. Public Information Act Notice. Offerors shall give specific attention to the identification of those portions of their responses that they deem to beconfidential, proprietary information or trade secrets and shall provide justification why such materials, upon request, should not be disclosed by UMB under the PublicInformation Act, Part III, Title 10, State Government Article, Annotated Code of Maryland.

8. Arrearages. By submitting a response to this solicitation, a vendor shall be deemed to represent that it is not in arrears in the payment of any obligation duand owing the State of Maryland, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the contract if selectedfor contract award.

9. Bid/Proposal Affidavit. The attached bid/proposal affidavit shall be completed and submitted by the vendor with the bid or proposal. The terms andconditions of the affidavit will be incorporated into and made a part of any contract resulting from this solicitation.

10. Bid Security. Solicitations for construction contracts reasonably expected by the procurement officer to exceed $100,000 shall require a bid security in anamount equal to at least 5% of the amount of the bid or price proposal. For all other non-construction contracts, refer to the specifications of this solicitation addressing bidsecurity. Absence of any such reference shall mean that no bid security is required. Notwithstanding the above, notice of a bid security is required if a federal law orcondition of federal assistance for the contract requires it.

11. Ethics. The Vendor is responsible to assure compliance with the Maryland Public Ethics Law, Title 15, State Government Article, Annotated

Code of Maryland. The Public Ethics Law prohibits, under certain circumstances, (i) present and former officials and employees of State agencies, or (ii) businesses inwhich those persons or their close relations hold employment or economic interests, from submitting bids or proposals, negotiating for themselves or others, or enteringinto contracts with the State. In the event a violation of the Maryland Public Ethics Law occurs in connection with a Vendor's response to this solicitation or a resultingcontract award to a Vendor, the University reserves the right to reject the proposal or declare an event of default of the contract awarded to the Vendor. Any Vendorwith concerns about compliance with the Maryland Public Ethics Law is encouraged to contact the State Ethics Commission for more information.

12. Rights in Inventions. For the consideration payable under this Contract, Vendor agrees to report any invention arising out of the Work requiredby this Contract to UMB. UMB shall have sole right and authority to seek statutory patent protection under United States and foreign patent laws and to enjoy thebenefits of ownership of the invention, whether or not the invention was required of the Vendor as part of the performance of Work. Vendor hereby assigns all right,title and interest in and to inventions made in the course of the Work to UMB and agrees to execute and deliver all documents and do any and all things necessary andproper to effect such assignment.

13. Copyrights. For the consideration payable under this Contract, the work product required by this Contract shall be considered a workmade for hire within the meaning of that term under the copyright laws of the United States, applicable common law and corresponding laws of other countries. UMBshall have sole right and authority to seek statutory copyright protection and to enjoy the benefits of ownership of the work. The party performing the work herebyassigns all right, title and interest in and to the work to the UMB.

14. Acknowledgement of Addenda. If it becomes necessary to revise any part of the bid, addenda will be posted to the eBid Board website at


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www.procurement.umaryland.edu . It is the responsibility of the bidder to check the websitefrequently until the opening date for addendums, amendments, and changes. A written acknowledgement of the receipt of all amendments,addenda, and changes issued shall be required from all vendors submitting a bid.

15. Conflict of Interest. An individual or a person that employs an individual who assists the University in the drafting of specifications, an invitationfor bids, a request for proposals for a procurement or the selection or award made in response to an invitation for bids or request for proposals may not: (1) submit a

bidor proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.

16. Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. ("HIPAA") and Maryland Confidentiality of Medical Records Act(Annotated Code of Maryland, Health General Article '4-301 et seq. ("the Act"). Contractor acknowledges that the University of Maryland Baltimore is a HIPAAhybrid covered entity. Contractor agrees that Contractor's access to and use of protected health information (as that term is defined by HIPAA), if any, under thisAgreement will be conducted in accordance with the requirements of the Act and HIPAA, including the terms of a HIPAA Business Associate Agreement if so

required by UMB. Such Business Associate Agreement is either attached hereto as Schedule H or Contractor shall promptly execute such Business AssociateAgreement upon the University's request. Contractor shall also cause any subcontractor, agent, or party under Contractor's direction or control that is participatingin this Agreement to promptly execute a standard HIPAA Business Associate Agreement if so requested by UMB.

PURCHASE ORDER TERMS & CONDITIONS

March 2007

1. Parties. The parties to this Contract are the Contractor identified on the Purchase Order ("P.O.")/Contract and UMB. In contractual matters,UMB shall be represented by a Procurement Officer designated in writing by UMB. The original Procurement Officer for this Contract is named on the P.O., whichdesignation may be changed from time to time by UMB. If UMB is acting as procurement agent for another institution in the University System of Maryland, suchinstitution is the party in interest under the Contract, and will be identified on the P.O. For such contracts, all rights and liabilities of UMB pursuant to the PurchaseOrder and applicable law shall be the rights and liabilities of that institution, which the UMB may exercise as agent, and UMB shall have no liability to the

Contractorpursuant to the Contract. If more than one person or entity is identified on the P.O. as Contractor, each of them shall have joint and several liability for the

performance

of this Contract.2. Conflicting Terms. Any proposal for terms in addition to or different from those set forth in this P.O. or any attempt by the Contractor to vary any ofthe terms of this P.O. by Contractor's acceptance shall not operate as a rejection of this offer, unless such variance is in the terms of the description, quantity, priceor delivery schedule, but shall be deemed a material alteration thereof, and this offer shall be deemed acceptable by the Contractor without the additional ordifferent terms. If this P.O. is an acceptance of a prior offer by the Contractor, the acceptance is expressly conditioned upon Contractor's assent to any additional ordifferent terms contained herein. The Contractor understands and agrees that the terms and conditions of this P.O. may not be waived.3. Clauses Incorporation by Reference. This Contract consists of the terms and conditions of this P.O. and any amendments of the P.O. All terms andconditions of the solicitation, and any amendment thereto, are made a part of this Contract.4. Invoices. A separate invoice for this P.O. or for each shipment shall be rendered following shipment. All invoices must be forwarded directly to theAccounts Payable Department, University of Maryland, Baltimore, Saratoga Street Offices, Level 02 Room 02-123, 220 Arch St., Baltimore, Maryland 21201-1531. THE CONTRACTOR'S FEDERAL EMPLOYER IDENTIFICATION NUMBER OR SOCIAL SECURITY NUMBER MUST BE INCLUDED ON THEFACE OF ALL INVOICES BILLED TO UMB. Payments to the Contractor pursuant to this Contract shall be made no later than 30 days after the State's receipt ofa proper invoice from the Contractor. Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle 1, of the State Finance and ProcurementArticle, Annotated Code of Maryland, or by the Public Service Commission of Maryland with respect to regulated public utilities, as applicable, are prohibited.5. P.O. Number. The P.O. number must be stated on all related invoices, delivery memoranda, bills of lading, packages, correspondence, and/or MSDSforms (see para. 18).6. Specifications. All materials, equipment, supplies or services shall conform to federal and State laws and regulations and to the specifications containedin the solicitation.7. Delivery and Acceptance. Delivery shall be made in accordance with the solicitation specifications. UMB, in its sole discretion, may extend the time ofperformance for excusable delays due to unforeseeable causes beyond the Contractor's control. UMB unilaterally may order in writing the suspension, delay, orinterruption of performance hereunder. UMB reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specificationshave been met. The materials listed in the bid or proposal shall be delivered FOB the point or points specified prior to or on the date specified in the bid orproposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. Rejected materials shall be promptly replaced.UMB reserves the right to purchase replacement materials in the open market. Contractors failing to promptly replace materials lawfully rejected shall be liable forany excess price paid for the replacement, plus applicable expenses, if any.8. Delays. The Contractor agrees to perform the work continuously and diligently, and no charges or claims for damages shall be made by Contractor forany delays or hindrances from any cause whatsoever during the progress of any portion of the work specified in the Contract.9. Tax Exemption. UMB is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes, and transportationtaxes. Exemption Certificates shall be completed upon request. Where a contractor is required to furnish and install material in the construction or improvement ofreal property in performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply.10. Non-Hiring of Employees; Conflict of Interest. (a) No official or employee of the State, as defined under State Government Article, SS15-102,Annotated Code of Maryland, whose duties as such official or employee include matters relating to or affecting the subject matter of this Contract shall, during thependancy or term of this contract and while serving as an official or employee of the State, become or be an employee of the contractor or any entity that is a

subcontractor on this contract.11. Non-Discrimination in Employment and Equal Opportunity. (a) The Contractor agrees not to discriminate in any manner against an employee orapplicant for employment because of race, color, religion, creed, age, sex, marital status, national origin, ancestry, or disability of a qualified individual with adisability and to post, and to cause subcontractors to post, in conspicuous places available to employees and applicants for employment, notices setting forth thesubstance of this clause.12. Financial Disclosure. The Contractor shall comply with State Finance and Procurement Article, 13-221, Annotated Code of Maryland, which requiresthat every business that enters into contracts, leases or other agreements with the State and receives in the aggregate $100,000 or more during a calendar year, shall,within 30 days of the time when the $100,000 is reached, file with the Secretary of State certain specified information to include disclosure of beneficial ownershipof the business.13. Political Contribution Disclosure. Contractor shall comply with, and require its officers, directors, and partners to comply with, the provisions ofElection Law Article, Annotated Code of Maryland, Sections 14-101 through 14-108, which requires that every person doing public business (as there defined),and every individual whose contributions are attributable to the person entering into such an agreement, during a calendar year in which the person receivescumulative consideration of $100,000 or more from public business, shall file with the State Administrative Board of Election Laws a statement disclosingcontributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election. The statement shall be filedwith the State Administrative Board of Election Laws: (1) before a purchase or execution of a lease or contract by the State, a county, an incorporated municipality,


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or their agencies, and shall cover the preceding two calendar years; and (2) if the contribution is made after the execution of a lease or contract, then twice a year,throughout the lease or contract term on (a) February 5, to cover the 6-month period ending January 31; and (b) August 5, to cover the 6-month period ending July31.

14. Anti-Bribery. The Contractor warrants that neither it nor any of its officers, directors, or partners, nor any employees who are directly involved inobtaining or performing contracts with any public body has been convicted of bribery, attempted bribery, or conspiracy to bribe, under the laws of any state or ofthe federal government or has engaged in conduct since July 1, 1977, which would constitute bribery, attempted bribery or conspiracy to bribe under the laws ofany state or the federal government.15. Corporate Registration. Pursuant to 7-201 et seq. of the Corporations and Associations Article of the Annotated Code of Maryland, corporations notincorporated in the State shall be registered with the State Department of Assessments and Taxation, 301 West Preston St., Baltimore, Maryland 21201, beforedoing any interstate or foreign business in this State. Before doing any intrastate business in this State, a foreign corporation shall qualify with the Department of

Assessments and Taxation.16. Contingent Fees. The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bonafide employee or agent working for the Contractor, to solici t or secure this agreement, and that it has not paid or agreed to pay any person, partnership, corporation,or other entity, other than a bona fide employee or agent, any fee or any other consideration contingent on the making of this agreement.17. EPA. Materials, supplies, equipment, or services shall comply in all respects with the Federal Noise Control Act of 1972, where applicable.18. OSHA; MSDS. All materials, supplies, equipment, or services supplied as a result of this Contract shall comply with the applicable U.S. and MarylandOccupational Safety and Health Act standards. Pursuant to 29 CFR part 1910, where applicable, an MSDS for the products supplied or used in carrying out thisContract must be sent to:

University of Maryland, BaltimoreAssociate Director for EHS714 West Lombard StreetBaltimore, MD 21201-1010

19. Termination for Convenience. Upon written notice to the Contractor, UMB may terminate this Contract, in whole or in part, whenever UMB shalldetermine that such termination is in its best interest. UMB shall pay all reasonable costs incurred up to the date of termination and all reasonable costs associatedwith termination of the Contract. However, the Contractor may not be reimbursed for anticipatory profits. Termination hereunder, including the determination ofthe rights and obligations of the parties, shall be governed by the provisions of USM Procurement Policies & Procedures.20. Termination for Default. When the Contractor has not performed or has unsatisfactorily performed the Contract, payment shall be withheld at the

discretion of the State. Failure on the part of the Contractor to fulfill contractual obligations shall be considered just cause for termination of the Contract and theContractor is not entitled to recover any costs incurred by the Contractor up to the date of termination. Termination hereunder, including the determination of therights and obligations of the parties, shall be governed by the provisions of USM Procurement Policies & Procedures.21. Disputes. This Contract shall be subject to USM Procurement Policies & Procedures. Pending the resolution of a claim, the Contractor shall proceeddiligently with the performance of the contract in accordance with the procurement officer's decision.22. Multi-Year Contracts. If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscalyear, this Contract shall terminate automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recoveranticipatory profits or costs incurred after termination.23. Intellectual Property. Contractor agrees to defend upon request and indemnify and save harmless UMB, its officers, agents and employees with respectto any claim, action, cost or judgment for patent infringement, or trademark or copyright violation arising out of purchase or use of materials, supplies, equipmentor services covered by this Contract.24. Maryland Law. The provisions of this Contract shall be governed by the laws of Maryland.25. Pre-Existing Policies & Procedures. The USM Procurement Policies & Procedures in effect on the date of execution of this Contract are applicable tothis Contract.26. Indemnification. UMB shall not assume any obligation to indemnify, hold harmless, or pay attorneys' fees that may arise from or in any way beassociated with the performance or operation of this Contract.27. Drug and Alcohol Free Workplace. The Contractor warrants that the Contractor shall comply with COMAR 21.11.08 Drug and Alcohol FreeWorkplace, and that the contractor shall remain in compliance throughout the term of this purchasing order.28. Retention of Records. The Contractor shall retain and maintain all records and documents relating to th

RFP - UMB MEEC Symantec

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