Required Vendor Disclosure Forms for 2010 are available for download
here (PDF) or
here (PDF).
Questions (updated 12-04-09):
Q. Page 8 - Section 3.10, Legal Review
This provision requires vendors to be bound by the General Requirements of the RFB, and to let ACCS know of any concerns with these provisions. Should exceptions to this section of the RFB should be addressed in the last section vendor response (pursuant to Section 3.18, Bid Terms – Page 9)?
A. Yes.
Q. Page 15 – Section 3.51, Survival
This section references provisions that aren’t included in the RFP. Those missing sections are: Patent, Copyright, Trademark provision, Trade Secret Indemnification provision, and the Limitation of Liability provision. Will these provisions be incorporated into the RFP?
A. No. Vendor may utilize section 3.13 Agreement Terms and Conditions and address in the last section of vendor response.
Q. Section 3.29 Oral Presentation & Demonstration -Is an in-person presentation mandatory? Can bidders arrange via the internet using web/telephone conference?
A. No. Only sealed bids by the 12/17/09 deadline are mandatory.
Q. Can resellers bid on this RFB on behalf of a manufacturer?
A. Yes. This is an open RFB available to vendors meeting the terms and specifications of the RFB including ISO Certification.
Q. Did anything change in the amended RFB besides the dates for vendor questions, proposal delivery, and bid opening?
A. No.
Q. RFB 2.1.5 (last paragraph) refers to a “form,” which we do not see in the RFB. Please clarify.
A. RFB, section 2.1.5 has been amended.
Q. RFP 4.1.1 refers to a “cost response form,” which we do not see in the RFP. Please clarify.
A. RFB, section 4.1.1 has been amended.
The ACCS JPA is a separate technology contract (NOT K-12) covering Postsecondary entities as noted per RFB located on the ACCS site.
Any vendor interested in submitting a sealed bid by the December 17, 2009, 4:00 pm deadline MUST BE ISO-9001 Certified per State Law Requirement for Joint Purchasing. Additional Information and clarification regarding ISO Certification is located in the Q & A section of the ACCS JPA site.
Q. We are attempting to submit an RFB in order to be considered as a vendor. In looking at the PDF, is there a form we should download and complete?
A. Carefully download, print and respond to specifications as noted per RFB. Review current vendor responses located at the bottom of the http://www.accs.cc/jpa.aspx page for previous submittals. You are also encouraged to carefully review Q & A and FAQ Archives.
Q. Is this bid open to offerings from manufacturers of the wiring and connectivity products used in setting up and LAN (local area network)?
A. Yes. This is a technology contract as noted for “MANUFACTURER SUPPLIED TECHNOLOGY EQUIPMENT WITH PERIPHERALS, SOFTWARE, NETWORKING, EQUIPMENT MAINTENANCE AND SUPPORT SERVICES BID.”
Q. Can a bid be submitted by a distributor?
A. If distributors are ISO certified, or considered an affiliate as noted per http://www.accs.cc/jpa.aspx site (note Q & A), they may respond. Please download, print and review RFB specs carefully. You are also encouraged to review Q & A and FAQ Archives. Note current vendors previous submittals to bid for reference.
Q. We are not the manufacturer just a Audio Visual reseller and integrator. Are we as the vender required to have the ISO 9001 Certification or just the manufacturers that we resell their equipment?
A. The terms subdivisions, subsidiaries and departments will be considered synonymously with affiliates. It is also important to understand that a company that is not ISO-9001 certified that simply purchases products from an ISO-9001 Certified Manufacturer/Publisher for resell, does not meet the affiliates definition. If a bid is submitted by a company or contractor that is not ISO-9001 certified and is not affiliated with an ISO-9001 certified entity it (the bid package) will be disqualified as not meeting the criteria set forth in Title 16 Chapter 61E of the Code of Alabama 1975, signed into law on June 23, 2003 by Governor Bob Riley, and is the guiding document in the creation and administration of this bid and resulting contract(s).
Q. Is the deadline to submit questions still tomorrow November 20, 2009 by COB?
A. DPE will respond to inquiries until COB December 4, 2009.
Q. I recently sent in my information. Do I need to do anything else before 12/10/2009?
A. Vendors are encouraged to visit Q & A website section daily. Any vendor failing to meet minimum requirements at bid opening will be disqualified. Submitting a bid does not guarantee vendor selection. Please print, carefully review and respond to specifications as noted per the JPA.
Q. Under section 3.1 “Vendor must also include ISO 9001 certification as required
by State Code governing Joint Purchase Agreements.” If an organization is a multi
level organization does the subsidiary company have to posses the ISO 9001 as well?
A. According to Alabama law, any companies or contractors whose affiliates, subdivisions, subsidiaries, or departments have ISO 9001 certification can bid on the information technology to be jointly purchased by educational institutions.
As it is written with the definition (or clarification) of “affiliates” as:
AFFILIATE. A person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, the terms "owns," "is owned" and "ownership" mean ownership of an equity interest, or the equivalent thereof, of ten percent or more, and the term "person" means an individual, partnership, committee, association, corporation, or any other organization or group of persons. (Code of Alabama 1975, Title 6 “Civil Law”, Chapter 12).
The terms subdivisions, subsidiaries and departments will be considered synonymously with affiliates. It is also important to understand that a company that is not ISO-9001 certified that simply purchases products listed from an ISO-9001 Certified Manufacturer/Publisher for resell, does not meet the affiliates definition. If a bid is submitted by a company or contractor that is not ISO-9001 certified and is not affiliated with an ISO-9001 certified entity the bid package will be disqualified as not meeting the criteria set forth in Title 16 Chapter 61E of the Code of Alabama 1975, signed into law on June 23, 2003 by Governor Bob Riley, is the guiding document in the creation and administration of this bid and resulting contract(s).
However, if the bidding company does meet ISO-9001 certification requirement then that company if awarded the contract can name authorized resellers that could include companies that do not meet the ISO-9001 or affiliate requirement. An authorized reseller of a product line manufactured/published does not automatically meet the definition of an affiliate. Authorized resellers can be removed by awarded company in accordance with their definition of an authorized reseller.
The bidding company/vendor listed on the cover page must meet the ISO-9001 certification or be a vendor who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another vendor of which the ownership represents 10% equity of a company that is currently ISO-9001 certified. If there is an affiliated relationship and the awarded vendor does not actually hold the certification, the bidder must include documentation of proof that the bidding vendor has an affiliation or is a subdivision, subsidiary, or department of a company that does have a ISO-9001 certification, in accordance to the definition stated above, including a letter of qualification on the ISO-9001.
Q. Does this agreement apply to custom software development for needed solutions?
A. Yes. Pricing should be based Per section 3.28-Pricing Level and Guarantee, Vendors must submit with their responses a narrative that describes the baseline (published) pricing and the initial pricing level discount that is proposed, by product class or category in the ESS.
Q. How long will the evaluation process take before knowing the results?
A. Vendors are expected to be notified by January 15, 2010.
FAQ Archives (PDF)
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