alabama k-12 joint purchasing information technology ......alabama k-12 joint purchasing information...

Alabama K-12 Joint Purchasing Information Technology Program Invitation to Bid

ALJP2016 ITB RESPONSE QB389L February 18, 2016

Roderick L. Crittenden Senior Account Manager Lexmark International Inc. [email protected] Office: 770-510-1717

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February 18, 2016 Jerome Browning Bid Coordinator Alabama State Department of Education Technology Initiatives P.O. Box 302101 5315 Gordon Persons Building Montgomery, AL 36130 Dear Mr. Browning, We understand that the Alabama K-12 system level technology coordinators face challenges with the output fleet, including supporting older devices and controlling output costs. Our proposal addresses these concerns and demonstrates how Lexmark can help you achieve key business goals such as updating your fleet to maximize efficiency and effectiveness and minimizing your total cost of output. Lexmark can offer unique advantages: We are solely focused on output. Our level of focus allows us to concentrate on creating

industry-best solutions and products that are simply above the competition. We have nearly 20 years of experience in manufacturing and managing millions of output

devices, placing them in some of the most complex network environments and varied physical conditions.

We own all the core technologies in our devices, allowing us the flexibility to customize solutions for our clients with unparalleled speed.

Our holistic approach to output management means we assist customers in identifying and quantifying the total opportunity and impact with output. We consider the financial costs of output, but we can also help minimize the impact on your community and the environment.

We look forward to helping the state of Alabama K-12 institutions achieve greater heights of efficiency in the output space. Sincerely, Roderick L. Crittenden Senior Account Manager Lexmark International Inc. [email protected] Office: 770-510-1717

CONTENTS General Requirements and Information ................................................................................................................. 6

Roles and Responsibilities ....................................................................................................................................... 6

Joint Purchasing Parties ...................................................................................................................................... 6

Alabama Public Local Education Agencies .......................................................................................................... 6

Other Purchasing Parties .................................................................................................................................... 6

Administrator ...................................................................................................................................................... 7

Qualified Bidder .................................................................................................................................................. 7

Qualified Bidder Type ...................................................................................................................................... 8

E‐Verify Requirement ......................................................................................................................................... 9

Contract Information ............................................................................................................................................ 11

Contract Terms and Conditions ........................................................................................................................ 11

State Master Contract ................................................................................................................................... 11

Contract Holder ............................................................................................................................................. 11

Qualified Bidder Application/Registry .............................................................................................................. 11

Multiple Awards ................................................................................................................................................ 11

ALJP Agreement ................................................................................................................................................ 12

Supplemental Agreements & Licensing Programs ........................................................................................ 12

E‐Verify Participation .................................................................................................................................... 12

Contract Activity Reports .................................................................................................................................. 13

Mini‐Quote System ........................................................................................................................................... 13

Mini‐Quote/Clearinghouse Process .............................................................................................................. 13

E‐Rate .................................................................................................................................................................... 14

E‐Rate Mini Bids ................................................................................................................................................ 15

E‐Rate Contingency ........................................................................................................................................... 15

E‐Rate Payment Plans ....................................................................................................................................... 16

E‐Rate Service Provider Status .......................................................................................................................... 16

Document Availability and Retention ................................................................................................................... 16

Product Line Requests ........................................................................................................................................... 17

Product Line ...................................................................................................................................................... 17

Product Line Category ....................................................................................................................................... 17

Requested Product Lines .................................................................................................................................. 17

Products Turnover ............................................................................................................................................ 18

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Page 3 of 62 Initials:___________

Warranty ........................................................................................................................................................... 18

Shipping & Delivery ........................................................................................................................................... 19

Installation & Maintenance of Products Within Product Line .......................................................................... 19

Pre‐Established Product Line Product Offering Base Pricing ................................................................................ 19

Types of Base Pricing Sources ........................................................................................................................... 19

Publically Available ........................................................................................................................................... 19

Change in Pricing and Availability ..................................................................................................................... 19

Discount ................................................................................................................................................................ 20

Single Discount – Across the Board .................................................................................................................. 20

Categorical Discounts ....................................................................................................................................... 20

Additional Discounts Allowed ........................................................................................................................... 21

Cost Plus Option ................................................................................................................................................ 21

ALJP Required Pricing Information ........................................................................................................................ 21

Alabama Joint Purchasing Pricing List ............................................................................................................... 21

Top 40 Educational Products of the Product Line ............................................................................................ 22

Sales Contacts ....................................................................................................................................................... 22

Additional Terms and Conditions .......................................................................................................................... 23

Payment ............................................................................................................................................................ 23

Separation ......................................................................................................................................................... 24

Severability ....................................................................................................................................................... 25

Disbarment from Participation ......................................................................................................................... 25

Response Procedure ............................................................................................................................................. 26

Education Directory (EdDir) – Logins ................................................................................................................ 26

Vendor Registry ................................................................................................................................................ 26

Multiple EdDir Logins and Maintenance........................................................................................................... 26

Qualified Bidder’s Application/Registry ............................................................................................................ 27

Online Product Line Proposal Submission ........................................................................................................ 27

Online Product Line Proposal Elements: ....................................................................................................... 27

Formal Response ................................................................................................................................................... 30

Formal Response Instructions .......................................................................................................................... 30

Bid Coordinator ............................................................................................................................................. 30

Bid Identification ........................................................................................................................................... 30

Schedule of Events: ....................................................................................................................................... 31

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Bid Conference .............................................................................................................................................. 31

Bid Submittal – Final Product Line Proposal Submission .............................................................................. 32

Bid Package Submission ................................................................................................................................ 32

Cost of Preparing Bids ................................................................................................................................... 33

Bidder Errors ................................................................................................................................................. 34

Evaluation and Contract Awards ........................................................................................................................... 36

ALJP Committee Evaluation Scoring ................................................................................................................. 36

APPENDICES .......................................................................................................................................................... 37

ISO 9001 Clarification........................................................................................................................................ 38

Product Lines Requested Alphabetically ............................................................................................................... 48

PLACEHOLDER SECTION for Response Items ........................................................................................................ 50

Manufacturer’s Statement (If Applicable) ........................................................................................................ 51

E‐verify Documentation ‐ Required .................................................................................................................. 52

Supplemental Agreements & Licensing (If Applicable) ..................................................................................... 53

Warranty Information ‐ Required ..................................................................................................................... 54

Shipping & Delivery Information ‐ Required ..................................................................................................... 55

Base Price Source Documentation ‐ Required .................................................................................................. 56

Discount Schedule ‐Required ............................................................................................................................ 57

ALJP2016 Price List ‐ Required .......................................................................................................................... 58

Sales Contact Listing – Required ....................................................................................................................... 59

Reference Placeholder ‐ Required .................................................................................................................... 60

ISO Certification Information – Required ......................................................................................................... 61

Company Profile and Demographics – Required .............................................................................................. 62

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Alabama K‐12 Joint Purchasing Information

Technology Program

Invitation to Bid

ITB: ALJP2016

Montgomery County School System

Participating Local Education Agencies & Educational Institutions

Alabama State Department of Education, Administrator

GENERAL REQUIREMENTS AND INFORMATION 1

In accordance with the Title 16 Chapter 61E of the Code of Alabama 1975, the Alabama State Department of 2

Education is seeking bids for Information Technology for Hardware, Software and related product lines equal to 3

or equivalent to those product lines listed in this ITB. The law defines Information Technology as “Equipment, 4

supplies, and other tangible personal property, software, services, or any combination of the foregoing, used to 5

provide data processing, networking, or communications services.” Participating educational institutions 6

include the Montgomery County School System, Alabama Public Local Education Agencies, and all Educational 7

Institutions as defined by this law. These Educational Institutions have agreed, in writing, to participate in a joint 8

purchasing program and have named the Alabama State Department of Education as the Administrator of the 9

project. Title 16 Chapter 61E and Title 16 Chapter 13B of the Code of Alabama 1975 are considered the guiding 10

documents in the creation and administration of this bid and resulting contract(s). 11

The Alabama State Department of Education is seeking a bid response based on a percent off a pre‐established 12

Product Line Product Offering and Base Pricing list for the product line(s), or equivalent product lines, listed 13

within this document, from vendors that hold current ISO 9001 certification. Resulting contract(s) from this bid 14

will be available for a period that does not exceed 36 months, or to the extent law allows. The initial period of 15

the contract(s) will be 12 months. The resulting contract may be renewed annually via notification sent to the 16

Contract Holder. The Alabama State Department of Education reserves the right to adjust the contract end date 17

to meet the needs of the participants and various known programs such as the E‐Rate Program. Notification of 18

non‐renewal or adjusted contract end dates should be provided 30 days prior to the effective date. 19

ROLES AND RESPONSIBILITIES 20

Joint Purchasing Parties 21

Title 16 Chapter 61E of the Code of Alabama 1975 (16‐61E‐2‐(2)) states that “Educational and eleemosynary 22

institutions governed by boards of trustees or similar governing bodies, state trade schools, state junior colleges, 23

state colleges, or universities under the supervision and control of the State Board of Education, city and county 24

boards of education, district boards of education of independent school districts, Department of Youth Services, 25

the Alabama Institute for Deaf and Blind, the Alabama School of Fine Arts, and the Alabama School of Math and 26

Science.” All educational and defined eleemosynary institutions that meet this definition may be eligible to 27

participate once a joint purchasing agreement has been properly executed. A list of these participating entities 28

is available at http://aljp.alsde.edu . 29

Alabama Public Local Education Agencies 30

The Montgomery County School System has agreed to initiate the process in the role of Party A of the joint 31

purchasing agreement. The agreement has been entered into by the remaining public K‐12 Local Education 32

Agencies and other educational institutions as defined above, also known as Local Education Agencies, each is 33

considered as Party B in the agreement. The Montgomery County School System and these educational 34

institutions will be hereafter referred to as “LEA Group.” Only the LEA Group may purchase from the resulting 35

contract(s) of this bid. All current and developing public K‐12 county and city Local Education Agencies 36

recognized by the Alabama State Department of Education are considered participants in the LEA Group unless 37

documentation is received from the potential participant declining participation. Participation by the LEA Group 38

Members through purchasing from any contract(s) resulting from this ITB is optional. 39

Other Purchasing Parties 40

Per Title 16 Chapter 61E of the Code of Alabama 1975, universities, state colleges, and certain eleemosynary 41

organizations have also elected to participate. These entities are required to complete a joint purchasing 42

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agreement prior to participation. Click here to find list of all participants or browse to http://aljp.ALSDE.edu for 43

more information. 44

Administrator 45

The LEA Group has assigned the Alabama State Department of Education as the Joint Purchasing Administrator 46

for the execution of the Alabama Joint Purchasing (ALJP) project in accordance to Title 16 Chapter 61E of the 47

Code of Alabama 1975. It will be the Alabama State Department of Education’s, hereafter referred to as 48

“ALSDE”, responsibility for the invitation to bid, evaluating bids received, and awarding the contract(s), in which 49

the ALSDE must have responsibility to comply with Chapter 13B of Title 16, Code of Alabama 1975. It is 50

important, however, to remember that all the terms and conditions of Title 16, Chapter 13B, Code of Alabama 51

1975, that are not expressly modified by Title 16 Chapter 61E of the Code of Alabama 1975, shall apply to joint 52

purchasing agreements. This bid and resulting contract(s) do not supersede individual purchasing activities by 53

the individual members of the LEA Group. For example, if an individual group member of the LEA Group wants 54

to purchase Information Technology from vendors that do not meet the ISO 9001 requirement, they are free to 55

develop a separate bid in accordance to Title 16, Chapter 13B, Code of Alabama 1975, and all other bid laws that 56

are applicable. 57

The ALSDE may not be allowed to purchase from the resulting contract(s) unless approval is received from the 58

Alabama Department of Finance. 59

Though the ALSDE as administrator has sole responsibilities for the administration of this project, a committee 60

consisting of technology representatives from the LEA Group will assist the ALSDE in all phases of the project 61

including awarding of contracts. 62

Qualified Bidder 63

In accordance with Title 16 Chapter 61E of the Code of Alabama 1975 (Section 16‐61E‐1), “any companies that 64

have ISO‐9001 certification or any companies or contractors whose affiliates, subdivisions, subsidiaries, or 65

departments have ISO‐9001 certification can bid on the information technology to be jointly purchased by…” 66

the LEA Group. This certification criterion is critical and any vendor that would like to submit a qualified response 67

for this Invitation to Bid must provide documentation proving current ISO 9001 certification in accordance to 68

Title 16 Chapter 61E of the Code of Alabama 1975. Any interested bidder that meets this requirement will be 69

hereafter referred to as a “Qualified Bidder.” For further clarification of the ISO 9001 requirement see 70

appendices and www.iso.org. The current quality management standards of International Organization for 71

Standardization (ISO) acceptable to meet the requirements of a “Qualified Bidder” are ISO 9001:2008 or 2015. 72

The ISO 9004:2009 or other related “Quality Management and Quality Assurance” standards set by ISO may also 73

be accepted. If an interested bidder provides any other certification in their response as an alternative to the 74

required certification, it will be that bidder’s responsibility to clearly define the certification and provide 75

verifiable documentation from the ISO indicating the alternative is equal to or equivalent to the ISO 9001 76

certification. If the bidder’s company name is not listed on the ISO 9001 certificate provided in the response, 77

then it is the bidder’s responsibility to clearly define the bidder’s relationship with the company listed on the 78

certificate in terms that meet the requirements listed in the “ISO Clarification” documentation in the appendices 79

of this ITB. This certification is required by any awarded Qualified Bidder throughout the life of any contract 80

awarded as a result of this ITB. 81

The Qualified Bidder will provide, ISO Certification detail and contact information including ISO Registrar 82

information and Registrar’s Website. The Registrar’s website should include a list of all their ISO client awards 83

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that includes the Qualified Bidder in that listing. The ALSDE reserves the right to confirm ISO certification 84

through contact of listed Registrar and/or other resources that may be available for verification. 85

To pre‐qualify as a Qualified Bidder, a prospective bidder must complete a Qualified Bidder’s Application and 86

obtain a Qualified Bidder’s Identification Number (QBID) prior to submission of any response to this ITB. This is 87

an online form located on the ALJP website. The ALSDE will evaluate each submitted application and provide a 88

QBID to the applicant once approved. 89

All interested bidders must read this document in its entirety. Qualified Bidders who choose to respond must 90

print and read this document and confirm with initial on each page (see footnote). This initialed document must 91

be submitted with final response. A Qualified Bidder must respond to this ITB using the format and procedure 92

as described within this document and any required online activity as described in order for their response to 93

become a Qualified Response. 94

Qualified Bidder Type 95

There are typically two types of Qualified Bidders. They include but are not limited to: 96

Manufacturer with ISO 9001 certification 97

Any ISO 9001‐certified manufacturer who meets bid specifications can bid on any of the product lines listed in 98

this ITB. 99

Manufacturers may be the sole seller of the product line and/or they may assign specific ALJP Authorized 100

Resellers to sell the contracted products within the product line. The manufacturer is responsible for the 101

assigned ALJP Authorized Resellers and must assure that these entities are providing appropriate services to the 102

LEA Group members as defined within the resulting contract. If the manufacturer sells the product line then 103

inclusion of the manufacturer’s Sales Contact information is required. A Sales Contacts/ALJP Authorized 104

Resellers List must be provided. 105

All Contract Holders must keep this list updated and accurate. Historical documentation must be maintained 106

with respect to this list. 107

ISO 9001‐certified Authorized Reseller 108

An ISO 9001 Certified Authorized Reseller is a vendor who is authorized by the manufacturer to resell the 109

proposed manufacturer’s product line or specific product line request as listed within this ITB. 110

In some cases, these Qualified Bidders solely provide sales through their own staff within their company and 111

may not assign resellers. However, any awarded Contract Holder has that option. If this option is chosen, then 112

the ISO 9001 – Certified Authorized Reseller (Qualified Bidder) may assign specific ALJP Authorized Resellers to 113

sell the contracted products within the product line. The Qualified Bidder is responsible for the assigned ALJP 114

Authorized Resellers and must assure these entities are providing appropriate services to the LEA Group member 115

as defined within the resulting contract. If the Qualified Bidder also sells the product line, then inclusion of the 116

Qualified Bidder’s Sales Contact information is required. A Sales Contacts/ALJP Authorized Resellers List must be 117

provided. 118

All sales contacts must obtain an EdDir/ALJP login to participate in any ALJP contract assigned. (See “Vendor 119

Information” tab on ALJP website) All Contract Holders must keep this list updated and accurate. Historical 120

documentation must be maintained with respect to this list. 121

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Manufacturer’s Statement 122

123

The Qualified Bidder, as described in this section, bidding for a Product Line as an Authorized Reseller (Note: 124

Authorized Reseller is not equivalent to an ALJP Authorized Reseller) must submit with this bid package a current 125

and dated letter addressed to the ALSDE from the manufacturer of the Product Line on the official manufacturer 126

letterhead that includes all of the following: 127

A statement that the Qualified Bidder is a Product Line Manufacturer’s authorized reseller. 128

A statement indicating that the Qualified Bidder is an education reseller (if applicable). If the manufacturer does 129

not have an education marketing program, such must be indicated. 130

Provide a short history of the Qualified Bidder’s and Manufacturer’s relationship. 131

The Manufacturer’s opinion as to whether the Qualified Bidder can provide satisfactory service to the LEA Group 132

and a description of how the Qualified Bidder will serve the market with the Manufacturer’s support. 133

The Qualified Bidder is authorized by the Manufacturer of the Product Line to bid and participate in this ITB. 134

The letter must be signed by a management employee of the Manufacturer who will note in the letter their 135

explicit authority to sign the letter on behalf of the manufacturer and provide direct contact information for 136

further verification. Letter must be included with final response. 137

In each case above, the designated “ALJP Authorized Resellers” do not have to hold ISO certifications. The 138

awarded Contract Holder must hold the required ISO certification and will be held responsible, with respect to 139

the continuance of contract, for the business conduct of each vendor listed as an ALJP Authorized Reseller/Sales 140

Contact within their submission, and any revisions of the ALJP Authorized Resellers Listing/Sales Contacts. The 141

awarded Contract Holder will have the sole responsibility of providing and updating the list of ALJP Authorized 142

Resellers or Sales Contacts for auditing purposes. The ALSDE will only exercise approval of this submitted list 143

and any modifications made to the list. Additionally, the awarded Contract Holder will be responsible for training 144

their listed sales contacts and ALJP Authorized Resellers in the pricing and other details of the contract if 145

awarded. 146

A Manufacturer or Reseller of the Manufacturer’s product line can be considered a Qualified Bidder, if minimum 147

requirements are met. 148

E‐Verify Requirement 149

All contractors doing business with the Public K‐12 Local Education Agencies in the State of Alabama are required 150

to comply with the Immigration Reform and Control Act of 1986, as amended by the Immigration Act of 1990, 151

and the Beason‐Hammon Alabama Taxpayer and Citizen Protection Act. The Qualified Bidder will provide the 152

required documentation. The language in this Act refers to Contractors and Sub‐Contractors. For the purpose 153

of this ITB, the Contractors will be considered Contract Holders, and the Sub‐Contractors will be any other 154

companies listed as Authorized ALJP Resellers or Sub‐Contractor of the Contract Holder performing contract 155

related services. Prior to purchasing activity all Authorized ALJP Resellers must also meet the E‐Verify 156

Requirement. 157

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Area intentionally left blank160

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CONTRACT INFORMATION 161

Contract Terms and Conditions 162

State Master Contract 163

The ALSDE intends for the resulting contract(s) of this ITB to serve as a State Master Contract for the LEA Group 164

to use as a resource for the purchase of Information Technology specifically related to hardware and software 165

product lines. The ALSDE makes no purchasing guarantee on behalf of the ALSDE or LEA Group Members to 166

awarded vendor(s) with respect to quantities of products to be purchased by LEA Group Members from the 167

resulting contract(s). The ALSDE makes no guarantee to awarded vendors of similar product lines or multiple 168

vendors of the same product line that LEA Group members will choose their product over the other awarded 169

vendor’s product line contracts. The final awarded contract will consist of all documentation presented to the 170

ALSDE by the Qualified Bidder in response to this ITB and the required documents during the life of the contract 171

such as, but not limited to, updated ISO certificates, updated product line offering, pricing lists and updated sales 172

contact information. 173

Contract Holder 174

A Contract Holder is considered a successful Qualified Bidder that has been awarded a given Product Line 175

Contract based on the evaluation of their competitive and qualitative qualified response to this and other ITBs 176

issued (if applicable) within the program. Depending on the number of individual successful responses a specific 177

Qualified Bidder submits and is ultimately awarded, a Contract Holder may hold multiple contracts within the 178

ALJP program. However, each contract awarded should be addressed as a separate instrument and should not 179

be consolidated with other ALJP program contracts that a Contract Holder may hold nor should the Qualified 180

Bidder’s response be dependent upon another contract awarded to the Qualified Bidder through another entity 181

outside or external contract not related to the ALJP program. 182

Throughout the text of this document the terms Contract Holder and Qualified Bidder may be used 183

synonymously. However, a Qualified Bidder will only become a Contract Holder if a valid contract has been 184

awarded to the Qualified Bidder based on the response submitted. 185

Qualified Bidder Application/Registry 186

Qualified bidders must complete and maintain the information provided in the completion of an online Qualified 187

Bidder Application/Registry process. Once this form and the required attachments have been submitted, the 188

ALSDE will verify the given information and provide a status to the submitting entity. If the minimum 189

specifications are met by the Qualified Bidder, then the ALSDE will provide a Qualified Bidder’s Identification 190

Number (QBID) that will be used in a Qualified Bidder’s response to this and any other future ALJP procurement 191

efforts. Prior to obtaining access to this online form an interested bidder must obtain a “Vendor Login” and be 192

registered or register as a interested/potential vendor. Once a QBID has been awarded the qualified bidder 193

must maintain the information in the Qualified Bidder Application data including any updates to the required 194

ISO Certification. 195

Multiple Awards 196

In accordance with Title 16, Chapter 61E, Code of Alabama 1975 [16‐61E‐2‐(c)], “Competitive bids for 197

information technology may result in awards to multiple vendors for each one product line in order to meet the 198

specific requirements of participating educational institutions or to achieve compatibility with existing 199

technology already in use.” Based on this allowance, the ALSDE reserves the right to award multiple contracts 200

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for any one product line, if deemed necessary to meet the needs of all participants or LEA Group Members. 201

Additionally, in the event a Qualified Bidder proposes and responds to this ITB with a product line containing 202

products equal to or equivalent to a current product line ALJP contract and the product lines listed within this 203

ITB the ALSDE reserves the right to award a new contract (or contracts) for the given product line if it is in the 204

best interest of the LEA Group Members. In the event multiple awards for the same product line are made, the 205

LEA Group Member may be required or elect to deploy a “mini‐quote”. 206

ALJP Agreement 207

Awarded contract(s) will be documented and approved by the execution of an “ALJP Agreement” for the 208

individual awarded product line based on the accepted and awarded qualified bid. This document is an 209

agreement between the ALSDE as the contract administrator and the awarded Contract Holder. (See appendices 210

for representative sample.) The ALJP Agreement serves as the binding document that establishes the contract. 211

The content and structure of this document has been approved by the ALSDE’s General Counsel and must not 212

be altered with the exception of demographic and required calendar/date changes. In the event a Qualified 213

Bidder requires any content modifications that are not demographic in nature to the initially offered ALJP 214

Agreement document, the ALSDE may withdraw the contract offer or suspend offer to negotiate with the 215

Qualified Bidder depending on the calendar or deadline requirements of related programs, such as E‐Rate, and 216

the best interest of the LEA Group Members. 217

Supplemental Agreements & Licensing Programs 218

Supplemental agreements required by a Contract Holder such as those common agreements that the actual 219

buyer and/or user of products and/or services within the awarded product line contract are allowable under an 220

award. These supplemental or additional agreements must not contradict State of Alabama Laws, the ALJP 221

Agreement, the Terms & Conditions of this ITB, or increase the pricing of the awarded product line products 222

individually or as a whole. The calendar terms of these supplemental agreements must not contradict the length 223

of an ALJP awarded contract. The ALSDE will not execute such a blanket agreement for all LEA Group Members; 224

the Contract Holder will be responsible for educating the LEA Group Members concerning such supplemental 225

agreements and licensing programs who choose to purchase the products from the contract. 226

Many product lines such as software offer educational licensing programs common to the education market. If 227

it is determined to be in the best interests of the LEA Group Members, the ALSDE may consider a statewide 228

execution of such an agreement. The ALSDE will not be responsible or make payments for any missed purchasing 229

quota placed on the LEA Group Members that may have been established within the said agreement but will 230

negotiate with the Contract Holder on an annual basis to determine if such a licensing agreement is beneficial 231

to the LEA Group Member and Contract Holder. 232

E‐Verify Participation 233

All contractors doing business with the Public K‐12 Local Education Agencies in the State of Alabama are required 234

to comply with the Immigration Reform and Control Act of 1986, as amended by the Immigration Act of 1990, 235

and the Beason‐Hammon Alabama Taxpayer and Citizen Protection Act. The Qualified Bidder will provide 236

required documentation and will note the “Alabama Immigration Compliance” language located in the final 237

Agreement to be executed upon award of contract. The language in this section refers to Contractors and Sub‐238

Contractors. For the purpose of this ITB, the Contractors will be considered Contract Holders and the Sub‐239

Contractors will be any other companies listed as Authorized ALJP Resellers. 240

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Contract Activity Reports 241

The Contract Holder will organize and maintain a database of all purchases and relative information such as LEA 242

Group Member’s name, date of purchase; item(s) purchased, Purchase Order Number, purchase price, etc. This 243

information must be made available, by the vendor, to the ALSDE on a quarterly basis. 244

These Contract Activity Reports should be made available in detail on the ALJP Website once contract has been 245

awarded. The ALSDE reserves the right to post data from quarterly reports in various communications related 246

to the program. 247

If ALJP Authorized Resellers are applicable, the Contract Holder must include individual information from these 248

entities in the report as well. 249

Purchasing information may be gathered from LEA Group Members during audits or other events and compared 250

to the Contract Activity Reports that indicate a purchasing action by the LEA Group Member. 251

Mini‐Quote System 252

Multiple awards for a given product line or equivalent product lines and services may be allowed. Additionally, 253

contract holders may designate ALJP Authorized Resellers therefore, multiple sales contacts may be available 254

for the same or equivalent products and services. LEA Group Members are encouraged to seek additional 255

discounts when applicable. The implementation of an online mini‐quote process provides for an open and 256

competitive mechanism to seek such pricing. This system will be available through the ALJP website only. Each 257

participant must hold an EdDir Authentication to view or participate. Contract Holders are responsible for 258

informing and training sales contacts. 259

Complete detail and procedures for the Mini‐Quote system will be posted on the ALJP website. Awarded 260

Contract Holders must acknowledge this tool and participate accordingly. 261

Mini‐Quote/Clearinghouse Process 262

Multi‐Award Product Line Mini‐Quotes 263

In the event a LEA Group members seeks a product from a specific Product Line that has been awarded to two 264

or more qualified bidders the equipment or services should be posted through the Mini‐Quote process. 265

Mini‐Quote Requests – LEA 266

The ALJP “MINI‐Quote/Clearinghouse” system will be available for LEA Group Members to post “Mini‐Quote 267

Requests” for price for products and services exclusively available within the ALJP Contract system. The LEA 268

Group Members may provide specifications of the services or equipment they are seeking. Additionally, they 269

may require additional localized requirements/factors of the respective ALJP Contract sales contacts. The LEA 270

Group Member will provide a deadline for responses to be submitted by interested ALJP Sales Contacts. This 271

deadline will be in the format of a given date and time (default is 12:00 Midnight). The period of availability for 272

response is the option of the LEA Group Member. If a LEA Group Member posts a given request for a period 273

greater than 5 business days, then the deadline may be reduced by up to 60 minutes at the requesting LEA Group 274

Member’s discretion without notification to responding sales contacts. In the event no responses are received, 275

the LEA Group Members may extend the deadline. In the event no responses are received after an extension 276

the LEA Group member may actively seek a negotiated response from ALJP Sales Contact(s). 277

278

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Mini‐Quote Requests – ALJP Sales Contacts 279

It is the sales contact(s) listed within their respective ALJP contract(s) responsibility to review and respond 280

completely, as directed, to the ALJP quote requests posted. ALJP Sales Contacts are not required to respond to 281

all requests posted, however, in the event a mini‐quote request is posted, a non‐response from any sales contact 282

will be considered as if the nonresponding sales contact chose not to respond at no fault to the posting LEA 283

Group Member or ALJP Administrator. The responding sales contact must only respond with pricing of products 284

and/or services for which they are allowed per the terms and conditions of an awarded ALJP Contract. Sales 285

Contacts must not respond with pricing or equipment/services outside of their ALJP participation. 286

Interested responding ALJP Sales Contacts must respond by the deadline set by the requesting LEA Group 287

member. Any quote response may be edited by the responding Sales contact at any time prior to the specified 288

deadline of the specific request. Any response provided beyond the stated deadline will not be considered. All 289

responses must be provided through the online ALJP Mini‐Quote System only. 290

291

E‐RATE 292

Occasionally ALJP product line contracts may contain E‐Rate eligible products and/or services. If applicable, the 293

required USAC Description of Services Requested and Certification Form, technically known as a Form 470, will 294

be filed by the ALSDE to include certain categories of E‐Rate eligible products within the product lines for which 295

this Invitation to Bid is seeking contracts. The resulting contract(s) are intended to be in compliance with USAC’s 296

definition of a State Master Contract for those product lines that contain E‐Rate‐eligible equipment or services. 297

It is the responsibility of each of the E‐Rate eligible individual members of the LEA Group and the awarded vendor 298

and/or sales contacts for the awarded contract to follow the rules of the E‐Rate Program with strict adherence 299

to the Eligible Services List. In the event a sales contact, internal or external, of the awarded contract 300

misrepresents the eligibility of the product or service to the eligible E‐Rate LEA Group Member, then that sales 301

contact must be responsible to the applicant and E‐Rate program concerning further financial retribution. If the 302

sales contact providing misrepresentation is listed by the specific Contract Holder as an ALJP Authorized Reseller 303

(external), then the Contract Holder will be held accountable and may be required to remove the provider from 304

the authorized list. The ALSDE has provided and will continue to provide guidance and assistance with E‐Rate for 305

individual LEAs and in statewide training opportunities. 306

The ALSDE may elect to further E‐Rate involvement through a consortium application process and may use E‐307

Rate eligible equipment and/or services properly procured via this initiating ITB and related Form 470. 308

A contract(s) resulting from this ITB may be available to E‐Rate eligible members for E‐Rate FY2016, FY2017 and 309

FY2018 depending on program availability, state bid law, rules and the continuation or renewal of the awarded 310

contract(s) per contract requirements. Eligible LEA Group Members and Contract Holders must be aware of 311

late funded applications for E‐Rate applications for Internal Connections, specifically, late funding decisions after 312

the ALJP Contract has expired which may result in loss of funding according to current E‐Rate rules. It is currently 313

advisable that the applicant purchase the needed eligible equipment while the specific contract is available and 314

then request reimbursement once awarded. This allows for the purchase to be made while under contract and 315

will meet USAC requirements. 316

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E‐Rate Mini Bids 317

In accordance with Title 16, Chapter 61E, Code of Alabama 1975 [16‐61E‐2‐(c)], “competitive bids for information 318

technology may result in awards to multiple vendors for one product line each in order to meet the specific 319

requirements of participating educational institutions or to achieve compatibility with existing technology 320

already in use.” Based on this allowance, the ALSDE reserves the right to award multiple contracts for any one 321

product line, if deemed necessary. 322

However, it should be noted that if an individual LEA Group member is purchasing a specific product 323

that is eligible for E‐Rate discounts and plans to request such discounts, they must choose the vendor 324

that provides the most cost effective means for providing the product or equivalent product across all 325

ALJP Product Line contracts awarded. If multiple sales contacts identified as ALJP Authorized Resellers 326

are available to provide the eligible product or service, then the participant must follow the “mini‐bid” 327

procedures as required by Universal Service Administrative Company (USAC)/Federal Communications 328

Commission (FCC). Failure to do so will jeopardize the individual LEA Group Member’s E‐Rate request. 329

The individual LEA Group members should maintain all pricing documentation at the time of purchase 330

to present to auditors when requested. While the applicants are required to meet and be responsible 331

for the E‐Rate Mini‐Bid requirement, the ALSDE will provide access to an online tool that will be available 332

for these applicants to post these mini‐bids. All Contract sales contacts and/or ALJP Authorized Resellers 333

will be required to follow instructions and participate. 334

All sales contacts and/or authorized ALJP Resellers interested in providing E‐Rate eligible products from 335

an awarded contract should possess a proper Service Provider Identification Number (SPIN) through 336

USAC and maintain a proper standing in the E‐Rate Program. All sales contacts listed within all ALJP 337

contracts must participate using their EdDir logins to view and respond to “mini‐bid” requests posted 338

on the ALJP website. See the ALJP website and section 3.7 for more detail in the ALJP Mini‐Quote process 339

required for E‐Rate usage of any ALJP State Master Contracts awarded through this ITB. 340

All E‐Rate purchases from the resulting contract(s) of this ITB by the LEA Group members should comply 341

with E‐Rate rules and regulations available at http://www.usac.org/sl/ . Should the LEA Group member 342

request assistance in the determination of E‐Rate eligibility, they should refer to the USAC Web site and 343

then contact the State E‐Rate Coordinator’s office at the ALSDE if additional clarification is needed. 344

The Mini Bid process is not required for all other “non‐E‐Rate” purchases but is considered a a best 345

practice for obtaining the most cost effective means of providing the service or contract products. The 346

term Mini Bid is also known as “Mini‐Quote.” 347

E‐Rate Contingency 348

A contract(s) issued resulting from this ITB is (are) not contingent upon E‐Rate Discounts awarded through the 349

E‐Rate Program. However, E‐Rate applicants are required to complete a detailed pricing list including 350

manufacturer’s product information during the filing of a Form 471. A specific template for this may be supplied 351

by USAC and the Contract Holder and/or ALJP Authorized Resellers must use this formatted file for submission. 352

This listing requires specific information about the product or services for which the applicant is requesting E‐353

Rate Discounts, including the specific Service Provider information, documented quotes, and product and 354

location details. Quotes and pricing offers based on the awarded contract given to the eligible LEA Group 355

member by the Contract Holder’s identified Sales Contact may be contingent upon E‐Rate awarded discount for 356

the given E‐Rate Funding Year at the discretion of the applying eligible LEA Group Member. 357

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E‐Rate Payment Plans 358

In the event a product or service from the awarded product line contract has successfully been awarded, the E‐359

Rate discounts applicable by USAC and the Service Provider Invoice method of discounts are to be applied. Then 360

the service provider (contract Sales Contact) must bill the applicant for their share of the transaction at the same 361

time any such invoice is sent to USAC for payment. The applicant must pay their share within 90 days of payment 362

due date. The service provider will be responsible for filing the appropriate Service Provider required E‐Rate 363

forms. E‐Rate special allowances may be made in the case of new E‐Rate Modernization services such as “Special 364

Construction” costs for eligible Category 1 services. See official FCC/USAC guidance for detail. 365

E‐Rate Service Provider Status 366

Any Contract Holder, sales contact (company) or authorized ALJP Reseller (company) that provides an E‐Rate 367

eligible product within an awarded product line contract must maintain a positive standing with the E‐Rate 368

program (FCC & USAC). They must maintain and provide upon request a Service Provider Identification Number 369

(SPIN) that will correctly identify their business operations with the E‐Rate program. In the event an eligible 370

Telecommunications Service is offered as a product within the awarded product line contract, the Contract 371

Holder, as a sales contact or designated Authorized Reseller, must maintain credentials required by USAC and 372

the FCC to provide those services under the Telecommunications category of service. 373

Any Contract Holder, sales contact (company) or authorized ALJP Resellers (company) that provides an E‐Rate 374

eligible product within an awarded product line contract must maintain a Green Light Status1 with the FCC. 375

DOCUMENT AVAILABILITY AND RETENTION 376

In accordance with Code of Alabama1975 and applicable E‐Rate Program requirements, all documentation 377

related to a contract(s) awarded as a result of this ITB will be open for public inspection for a period of at least 378

ten years (10) from the final contract expiration date (considering applicable renewals) and/or the last date of 379

service. All responses and accompanying documents in the form of hardcopy and/or digital documents will be 380

made available for public review; therefore, the Qualified Bidder should understand that all submitted 381

documents including pricing will be made available as well. This information will remain available for awarded 382

and non‐awarded bid responses. Documentation of the Mini‐Quote process must be maintained in the same 383

manner as well by the LEA Group Member and responding ALJP sales contact. 384

State Archives requires a minimum of 7 years’ document retention as related to products that are not E‐Rate 385

eligible. Contract Holders and related sales contacts are also responsible for maintaining documentation. 386

387

Area intentionally left blank 388

1 As opposed to the Red Light status discussed in the Fund Administration section of USAC Website

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PRODUCT LINE REQUESTS 389

Product Line 390

For the purposes of this ITB, a product line is a series of different information technology products forming a 391

given brand that is generally manufactured or produced by the same company/manufacturer. 392

Product Line Category 393

A product line category is considered a clearly defined group of products or equipment within a given product 394

line or brand. For example, a computer manufacturer may produce desktop computers, printers, and network 395

servers. A qualified bidder may prepare a single response for the product line however they may address the 396

required elements for each of these categories providing a different discount per each category. 397

Requested Product Lines 398

The following is a list of individual requested product line contracts sought by the LEA Group Members within 399

this ITB. Qualified Bidders may submit responses for a listed product line or an equivalent Information 400

Technology product line similar to a requested product line listed below. These specific product line requests 401

are referred to as ALJP Requested product lines. The following is a listing of new product lines requested by LEA 402

Group Members. This listing displays the requested product line in order of popular requests. 403

Microsoft Dell Apple

Cisco Verizon Wireless Hewlett Packard

Epson Lenovo Adobe

Brocade Web Hosting Services Tripp Lite

SOPHOS

General ‐

Refurbished/Remanufactured

ONLY IT Lightspeed (Audio)

Monoprice Aerohive WatchGuard

SMART ADTRAN Trend Micro

HoverCam APC Promethean

VMWare Software AT&T Wireless Liebert

Lightspeed Systems InFocus Ruckus Wireless

ASUS Aruba Wireless eInstruction

Higher Ground Email Hosting Services Palo Alto Networks

Brother ELMO Barracuda

Ubiquiti Wireless Equipment Xirrus Ballistic Case

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FrontRow Casio AG Parts

Malwarebytes Endpoint Security Extreme Networks Cables to Go

Hapara ShoreTel EMC

Juniper Networks Airwatch Schoology

Mimioq Daktech Computers AVG

Axis CyberData Aver

Howard Computers Kaspersky Qomo

Samsung ViewSonic SouthernLINC Wireless

iXsystems eBeam eSet

Earthwalk Nimble Nexlink

NetApp Open Mesh Belkin

Deep Freeze

The product lines are listed in order ‐ from top left to bottom right ‐ of popular requests made by System Level Technology Directors. 404 The ALSDE is not responsible for the quality or any such verification of product or services requested by the Technology Directors. An 405 alphabetical listing is in the appendices. 406

Products Turnover 407

Upon award, the products listed in the base price source of the specific Product Line products may be modified 408

as product availability may fluctuate throughout the life of an awarded contract. Discontinued products may be 409

removed as required and new products within the specific product line may be added. Though the addition of 410

new products is allowed, the products will remain susceptible to the discounts proposed with the Qualified 411

Bidder’s response once a contract has been awarded to that Qualified Bidder. In the event of price changes to 412

the Product Line and Base Pricing source, the Contract Holder will be required to update the associated ALJP 413

price lists. 414

Unless specifically indicated within the product line listing, the products sought within this ITB are new products 415

and not remanufactured or refurbished products. Products must have manufacturer’s original serial number or 416

comparable identification that has not been altered in any way. 417

Warranty 418

If commonly offered within the Product Line Product Offering and Base Pricing source identified by the Qualified 419 Bidder and/or by the manufacturer of the product line, all products listed within the source should include a 420 standard warranty and provide on‐site warranty services directly or indirectly through the manufacturer or a 421 manufacturer’s authorized agent. There must be no charge for a standard warranty unless a charge is common 422 within the product line in general. Extended warranties may be included in the source. Manufacturers’ products 423 that normally provide “depot service only” are an exception. The warranty options, including pricing for the 424 products individually or as a group within the proposed Product Line Product Offering and Base Pricing source, 425

ALJP2016


must be clearly stated. Any warranties offered on the source should not be altered in any way to meet the terms 426 and conditions of this ITB. Qualified Bidder will provide A Warranty description(s) within this ITB. 427

Shipping & Delivery 428

All products purchased by an LEA Group member should be delivered FOB Destination. The awarded vendor 429

and/or authorized reseller agree to bear the risk of loss, injury, or destruction of the items ordered prior to 430

receipt of items by the LEA Group member. 431

A description of any shipping and delivery costs must be included in the Product Line Product Offering and Base 432

Pricing source and clearly listed. Shipping and delivery details including expected cost must be provided on the 433

ALJP provided website. The LEA Group members must be made aware of the associated cost and delivery 434

methods available. Though common shipping and delivery methods may not meet the definition of a product 435

within the given product line, they may be included with the Qualified Bidder’s response and (if applicable) 436

within the awarded contract. Free shipping is preferred; however normal/common shipping cost(s) for the 437

delivery of the specific product(s) within the product line ordered by individual members of the LEA Group may 438

be included. These costs must be clearly identified and documented in specific contract quotes and any sales 439

communications. It is understood that shipping costs may vary throughout the life of a contract. 440

Installation & Maintenance of Products Within Product Line 441

Installation and maintenance of specified products of the specific product line may be included in the proposed 442

Product Line. These products should be considered as products of the Product Line and must meet then same 443

requirements of all other products of the product line. Such installation & maintenance products listed with a 444

“call for prices” will not be allowed. 445

The LEA Group Member must use other contracts or properly procure installation, managed, or maintenance 446

services not found within the product line. 447

PRE‐ESTABLISHED PRODUCT LINE PRODUCT OFFERING BASE PRICING 448

It is critical that the Qualified Bidder provide a specific source identifying base pricing of their proposed products 449

within the proposed product line. 450

Types of Base Pricing Sources 451

Examples of or types of base pricing sought for a valid response to this ITB include, but are not limited to, 452

Manufacturer’s Suggested Retail Price (MSRP), Retail Price, Catalog Pricing, Online Store Pricing, Minimum 453

Advertised Pricing (MAP) Listing, List Price, Educational Pricing or other similar pricing available to the LEA Group 454

Members and the general public without predetermined login access. 455

Publically Available 456

Base Pricing must be currently publically available, transparent and not created specifically for a response to this 457

ITB. It is preferable that this pricing and product information is available to the general public at a given website. 458

However, printed catalogs with base pricing distributed among the general public may be accepted. 459

Change in Pricing and Availability 460

The awarded Qualified Bidder may change pricing and products available in the proposed base pricing source 461

however such changes must be across the board and not specifically for the ALJP participants. The awarded 462

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Qualified Bidder must notify the ALSDE of the changes and maintain an archive of these changes for audit 463

purposes. 464

DISCOUNT 465

The Qualified Bidder will provide a quote as a specific discount off the proposed Product Line Base Pricing 466

submitted in the form of a percentage. The discount will be applied to the base prices specifically identified and 467

provided in the proposed Product Line. 468

Single Discount – Across the Board 469

If that submitted quote is a single discount to be applied to the base price of all products listed in the Product 470

Line, then that discount is considered a single or across‐the‐board discount. The Qualified Bidder’s quote of a 471

single or across‐the‐board discount must remain static throughout the life of the contract with one exception. 472

The eventual Contract Holder may only increase their original discount quoted in their specific bid response. A 473

decrease in discount will not be allowed for the life of the contract. New products added to the Product Line 474

throughout the life of a contract will be subject to the same discount. If the Contract Holder is unable to extend 475

the discount originally quoted to the new products, then those products should be clearly noted as “not 476

available” using the contract. The Qualified Bidder must also complete the Discount Schedule indicating the 477

proposed single discount within this document. 478

Categorical Discounts 479

It is recognized that within some requested product lines there are clear and distinct categories of sub‐products 480

within the submitted base pricing. It is recognized that it may be in the best interest of the LEA Group Members 481

to allow the Qualified Bidder (and subsequently the Contract Holders) to provide a different discount proposal 482

for each of these predetermined categories. However, these categories must be well established and defined 483

within this product line’s history prior to the submission of a bid response to this ITB and not developed 484

specifically for the Qualified Bidder’s response to this ITB. The allowance of categorical discounts does not 485

include a predetermined category for each and every product within the product line, i.e. every product listed 486

in the Product Line and Base Pricing source cannot be considered a category in and of itself. If clear and distinct 487

categories cannot be identified, then the Qualified Bidder must use the single discount as their response to the 488

entire product line. 489

These categorical discounts per category will not be allowed to decrease over the life of the contract. If the 490

Qualified Bidder chooses to submit discounts using categories as opposed to a single discount for the entire 491

Product Line and Base Pricing source, then the quoted categories must be clearly and distinctly recognized per 492

product listed in that source. The Qualified Bidder will provide a detailed description of each category and 493

provide the specific reference of discount quoted for each category. If Categorical Discounts are submitted, the 494

Qualified Bidder must complete the Discount Schedule indicating categories and proposed discount in each. 495

A description of the discounts submitted, whether a single across‐the‐board discount or categorical discounts, 496

must be provided on the ALJP Website in clear and concise terms. New products added under this scenario must 497

clearly fit within a given predetermined category and that category’s quoted discount should apply. If the 498

Contract Holder is unable to extend the discount originally quoted to the new products, then those products 499

should be clearly noted as “not available” using the contract. 500

ALJP2016


Additional Discounts Allowed 501

It should also be noted that, during a contract period, a Contract Holder and/or sales contacts including ALJP 502

Authorized Resellers assigned may offer or quote additional discounts above and beyond those discounts 503

awarded in the resulting contract(s) of this ITB. Additional discount(s) may include discounts for volume 504

purchases and/or other events. All such pricing will still be considered within the awarded ALJP contract. 505

Cost Plus Option 506

The Qualified Bidder may provide a Cost Plus discount or mark‐up over cost form of discounting method. 507

However, the initial cost would be considered the “base price” and it must be incorporated clearly within the 508

Product Line Product Offering and Base Pricing source as described above. Additionally, the ALJP Price List 509

required will be modified such that the base price will be the Cost, the discount will represent the percent (%) 510

mark‐up on Cost and the ALJP Price will be the cost of the product plus the mark‐up. Categories may still apply 511

as previously discussed. In this model the percent mark‐up must never increase but may be reduced to favor 512

the LEA Group Members. This is not the preferred method of discounting; however, it will be accepted. These 513

submissions will also be categorized as Preference 2 contracts. 514

515

ALJP REQUIRED PRICING INFORMATION 516

Pricing of the individual products proposed in a Qualified Bidder’s response is critical. There are two key 517

elements in ALJP pricing and they are the Base Price for all of the individual products within a requested product 518

line (or equivalent proposed product line) and the proposed discount. The combination of these two elements 519

is used to calculate the ALJP Price for the products. While a LEA Group Member will browse to the base price 520

source (proposed) and then apply the discount (proposed) to calculate the actual ALJP price for a product within 521

the product line (proposed), a listing of the ALJP prices along with the parameters must be made available for 522

current pricing and past pricing for audit purposes. 523

Alabama Joint Purchasing Pricing List 524

As a critical component of the submission phase only, the Qualified Bidder will provide a digital detailed Alabama 525

Joint Purchasing Price List (ALJP Price List) with a response to product line, or equivalent, within this ITB. This list 526

must be in the form of a Microsoft Excel spreadsheet file consisting of the individual information on the products 527

listed in the proposed Product Line and Base Pricing source, including the Manufacturer’s Model, Qualified 528

Bidder’s SKU, Name of Product, Description of Product, UOM, base price from the Base Pricing source, discount 529

applied, ALJP Price, and Discount Category (if applicable). Only products of the proposed product line are to be 530

entered. The model number must represent the most common product identification number used across all 531

resellers of the specific product line. The Qualified Bidder’s SKU is the bidder’s product identification number 532

assigned known as the stockkeeping unit. 533

There must be no horizontal divisions and the list should be continuous until all products of the proposed Product 534

Line and Base Pricing have been listed with all information with an ALJP Price calculated. An Excel template 535

(ALJP2016Price List.xlsx)will be provided and the Qualified Bidder must verify accuracy and availability of the 536

data provided by the Qualified Bidder on a submitted CD or DVD. The Qualified Bidder will use the format 537

described and provided in the Bid Submittal section of this document. Additionally, this file must be provided 538

on digital media such as a CD/DVD or USB Flash Drive within the final submission package. Two separate media 539

copies must be provided. 540

ALJP2016


In the event a contract is awarded and properly procured, this proposed ALJP Price list will become active and 541

must be updated as products are added and/or modified to the Product Line Product Offering and Base Pricing 542

source by the Contract Holder (once an award has been made). This price list in current form and archives of 543

past updated ALJP Price List will be made available and maintained by the Contract Holder on the designated 544

ALJP website. 545

The proposed ALJP Price List will be a key element in the evaluation of awards. It is important that this list be 546

verified and included in the format described within this ITB. Elements such as model number, SKU, base prices 547

of individual products shown within the submitted Product Line and Base Pricing Source will be located and 548

verified. 549

The ALJP Price List will contain all proposed products within the product line. 550

Top 40 Educational Products of the Product Line 551

The Top 40 Educational products of the product Line is a representative list (or sub‐group) of the products within 552

a proposed product line response. After an award has been made, this list may be combined with other product 553

line contracts and may be displayed as a quick listing of the products available through resulting ALJP contracts. 554

Qualified Bidders must use the proper template as described in each phase of the ITB. 555

SALES CONTACTS 556

Contract Holders must provide contact information for the authorized sales staff. This staff and/or ALJP 557

Authorized Resellers (vendors) must be specifically familiar with the terms of the awarded contract (This includes 558

any ALJP Authorized Resellers, if applicable). LEA Group Members will be provided sales information and obtain 559

written ALJP quotes for a product or products they buy using the contract(s) resulting from this ITB. The Contract 560

Holder will also be responsible for providing audit trail information for confirming contract pricing either directly 561

or indirectly through the ALJP Authorized Resellers, if applicable. The Contract Holder will maintain a 562

comprehensive list of all active sales contacts and archive of inactive sales contacts on the ALJP website. As 563

described earlier these sales contacts must be listed in the ALJP Vendor Registry to be included as sales contacts 564

in a response to this ITB. 565

Additional Notes may be provided to describe specific sales regions or other identification necessary to help the 566

LEA Group Member choose the correct Sales Contact in making their purchasing decision. As described earlier 567

the individuals listed here may be sales contacts that are a part of the actual Contract Holder’s staff and/or 568

contacts from other identified and authorized resellers. The term ALJP Authorized Resellers generally refers to 569

a company that is not the Contract Holder but is authorized by the Contract Holder to offer the products awarded 570

via a specific ALJP Contract awarded to the Contract Holder. The ISO Certification requirement only applies to 571

the Contract Holder. 572

The Qualified Bidder responding to this ITB must provide this information in Product Line Proposal Phase. 573

574

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ADDITIONAL TERMS AND CONDITIONS 575

Payment 576

The awarded Contract Holder or designated authorized reseller must not construe payment as acceptance of 577

products furnished under the resulting contract. The LEA Group member or the ALSDE reserves the right to 578

conduct further testing and inspection after payment, but within a reasonable time after delivery, and to reject 579

the product(s) if such a post‐payment testing or inspection disclosed a defect or a failure to meet specifications. 580

Upon notification of a defective or rejected product the Contract Holder or Authorized Reseller must coordinate 581

plans to replace the product(s) with others that conform to the specifications and which are not defective. The 582

replacement of the product will be at the Contract Holder’s (or, if applicable, the ALJP Authorized Reseller’s) 583

expense and must be performed within 15 days of notification. Rejected products left longer than 30 days will 584

be regarded as abandoned, and the LEA Group member will have the right to dispose of the product(s) as its 585

own property. 586

All products must be free of all liens. 587

In accordance with Title 16 Chapter 61E of the Code of Alabama 1975, each LEA Group member shall pay its 588

share of expenditures for purchases under any agreement in the manner set forth in the agreement and in the 589

same manner as it pays other expenses of the LEA. 590

If an award is made to a Qualified Bidder, such awarded Contract Holder and/or chosen ALJP Authorized Reseller 591

shall receive Purchase Orders as normally done to furnish the awarded products of the specific product line to 592

the LEA Group Member. Purchases made through resulting contract of this ITB must be offered to only those 593

Local Education Agencies, universities, and colleges participating in the program (LEA Group Members) and listed 594

on the ALJP Web site. Prior to the issue of a purchase order, the LEA Group Member may request an official 595

ALJP Contract Quote. For audit purposes the Sales Contacts listed as contacts authorized to sell a product or 596

products from the awarded product line contract should provide a quote to interested LEA Group Members, 597

upon their request(s), with the following information present and documented: 598

ALJP Contract Number 599

All pricing information including 600

Non‐ALJP Discounted price from Product Line Product Offering and Base Pricing 601

ALJP Discount Provided 602

Additional Discounts (if applicable) 603

Total price for Quote 604

Sales Contact Information 605

The quote should not include products from other product lines not covered under the specific ALJP Contract. 606

A given deadline for prices to expire, however only additional discounts may be allowed to expire as the contract 607

price based on the awarded discount will remain in effect for the life of the contract. 608

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Individual schools or ALSDE‐recognized entities of the LEA Group members may also purchase products from the 609

awarded contracts through their system technology coordinator or designee. They must contact the system 610

technology coordinator or purchasing agent for instructions. 611

All documentation of purchases from the resulting contract(s) shall include reference to the assigned ALJP 612

Contract number. 613

The ALSDE will not participate in any individual purchase(s) between the awarded vendor and LEA Group 614

member. The ALSDE provides assistance through the publishing of current and official contract information on 615

the ALJP Website, approving and monitoring the website and required documentation developed by the 616

Contract Holder(s) and other administrative functions of the awarded contract(s). It is not the intent of the 617

ALSDE to be involved in individual purchases using resulting contract(s) unless a conflict arises with contract 618

terms and conditions. 619

Separation 620

The LEA Group members may provide information to the ALSDE concerning the awarded contract performance 621

consisting of the ability to meet contract obligations, quality of customer service, and other vendor performance 622

factors. This information will be evaluated throughout the contract(s) life by the committee to determine if a 623

termination of contract is warranted. The ALSDE will provide a formal mechanism for such communications with 624

the LEA Group Members. 625

Possible reasons for contract termination may include any of the following: 626

Failure to meet the requirements of this ITB throughout the contract period including a current and 627

non‐obsolete ISO‐9001 certification; 628

Failure to deliver the product(s) purchased within an agreed upon time period or period specified 629

on the Purchase Order. In cases that are proven to be beyond the control of the Contract Holder or 630

authorized reseller some exceptions may be considered; 631

Failure of Contract Holder or Contract Holder’s identified authorized resellers to provide purchasing 632

information as described within this ITB; 633

Improper delivery; 634

Failure to provide a product(s) that is in conformance with the specifications referenced in the ITB; 635

Failure to provide products at prices described; 636

Failure to provide quarterly update information; 637

Delivery of a defective item without replacement; 638

Insolvency or bankruptcy; 639

Failure to protect, to repair, or to make good any damage or injury to property; or 640

Breach of any provision of the Contract. 641

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Severability 642

If any provision of this ITB or resulting contract(s) is declared by a court to be illegal or in conflict with any law, 643

then the parties shall give effect to the balance of the ITB or resulting contract(s) to the extent possible. 644

645

Disbarment from Participation 646

If, within the past five (5) years, the Qualified Bidder has been disbarred, suspended, or otherwise lawfully 647

precluded from participating in any public bid activity with any federal, state, or local government, the Qualified 648

Bidder must include a letter with the bid package describing detailed information relating to the disbarment or 649

suspension. 650

Failure to supply such a letter may result in a disqualified bid or cancellation of contract. 651

652

ALJP2016


RESPONSE PROCEDURE 653

All interested bidders must follow the procedures described within this ITB. In general, the procedure will be as 654

follows: 655

1) Obtain or confirm an EdDir login.656

2) Complete the online Qualified Bidder Identification Number application and process.657

3) Complete the online Product Line Proposal.658

4) Complete and submit Formal Response to this ITB. (hardcopy to be delivered to ALSDE)659

The purchasing activities by the individual LEA Group members with respect to the awarded contracts are 660

completed with every intention to follow current bid laws as they pertain to city and county Local Education 661

Agencies in the state. The ALSDE does not charge the LEA Group members or the participating companies to 662

participate in the program; however, certain requirements of the Contract Holders are designed to lessen the 663

burden on the administrator (ALSDE) and LEA Group members. The participants must self–monitor their 664

purchasing activities, and the awarded Contract Holder must provide information the LEA Group Members need 665

to document all purchases from the resulting contract for auditing purposes. 666

Contract information and data will be kept and maintained by Contract Holders on the ALJP website. Contract 667

Holders will be provided with a mechanism to secure at least one login for their Primary Contract Contact (PCC) 668

person. The PCC will represent the company and will perform updates to their contract information as required. 669

Education Directory (EdDir) – Logins 670

All individual companies who participate or request to participate in any ALJP activities must have authorized 671

company individual employees to obtain an [ALSDE] Education Directory login. This includes prospective 672

companies, Qualified Bidders/Contract Holders’ Contract Contact(s), and Contract Holder assigned authorized 673

resellers (per awarded contract). Complete instructions for obtaining an EdDir login is available on the ALJP 674

website’s Procurement section under the “Vendor links” – Vendor Login & Maintenance. Qualified Bidders must 675

read (or have read) this entire document before moving forward. It is important to note that Contract Holders 676

and Qualified Bidders in response to this ITB that choose to deploy a contract sales method that involves other 677

companies as resellers for awarded or proposed product lines must require their “ALJP Authorized Reseller” 678

contacts to obtain an EdDir login. These sales contacts must be available with a given proposal to this ITB and a 679

list of these individuals must be maintained by the awarded Contract Holder. There is no charge for this access. 680

Vendor Registry 681

The Vendor Registry contains a list of vendors/contacts that have completed the process of obtaining an EdDir 682

login. Interested Bidders may view this list to verify their employees who have properly obtained an account. If 683

your company is not represented in this list then you must obtain a Vendor Login before moving forward. Follow 684

the instructions provided on the ALJP website. 685

Multiple EdDir Logins and Maintenance 686

Participating companies must have at least one EdDir Login holder. A company may acquire additional logins for 687

their participating employees. Each participating employee must obtain their own EdDir login. Companies are 688

responsible for maintenance of these users and Contract Holders must maintain any user that is associated with 689

their contract. 690

ALJP2016


Qualified Bidder’s Application/Registry 691

All Qualified Bidders must complete and then maintain the information provided in the online Qualified Bidder’s 692

Application/Registry process. Once this form and the required attachments have been submitted, the ALSDE 693

will verify the given information and provide a status to the submitting entity. If the minimum specifications are 694

met by the Qualified Bidder, then the ALSDE will provide a Qualified Bidder’s Identification Number (QBID) that 695

will be used in a Qualified Bidder’s response to this and any other future ALJP procurement efforts. Prior to 696

obtaining access to this online form, an interested bidder, Primary Contract Contact, must obtain a “Vendor 697

Login” through the EdDir process and register as an interested/potential vendor. 698

Online Product Line Proposal Submission 699

An Online Product Line Proposal is required for any response to this ITB. The Qualified Bidder will submit specific 700

information regarding the product line they are proposing for this ITB including but not limited to, additional 701

demographic information, the proposed product line, source for product line information for each product 702

within the product line, and a current publically available base price source for the proposed product line. All 703

information provided within this submission must be publically available and not developed for the ALJP 704

response. It is understood that no final pricing information is to be provided in this submission as the final 705

response and completed proposal will provide a proposed discount off the specified base price proposed within 706

this phase. 707

Online Product Line Proposal Elements: 708

The following items will be collected from the Qualified Bidder seeking to respond to this ITB within the Product 709

Line Proposal Phase: 710

1. Qualified Bidder Identification Number711

2. Proposal Contact Information712

3. Proposed Product Line713

a. Name of Product Line714

b. Source of Product Line information715

i. A website (url) that provides the LEA Group Members product information for the716

proposed Product Line.717

ii. Information detail for each individual product within the Proposed Product line must be718

provided.719

iii. Source/website must be available without a predetermined login.720

iv. Source/website must not be unique to the Qualified Bidder’s response to this ITB.721

1. Website must contain no reference to any terms unique to this ALJP ITB or any722

previous ALJP contract.723

2. Website must have been previously available prior to any ALJP response.724

v. Source/website must be updated and made available throughout the ITB process and,725

in the event of an award, the awarded Qualified Bidder must maintain this website726

throughout the awarded contract length.727

4. Source of Base Pricing for all products available within the proposed product line.728

a. As a concluding part of the Qualified Bidder’s formal response to this ITB, the bidder will propose729

a discount on, or percent [%] off, a proposed individual product line’s Base Pricing. Representing730

a proposed discount for each individual product price within the proposed product line. This731

final proposed discount percentage or any terminology indicating a proposed discount during732

ALJP2016


the Online Product Line Proposal will not be allowed. Failure to comply with this requirement 733

may disqualify the entire response. 734

b. Where will the LEA Group Members and their associated auditors obtain the base price for each735

of the individual products listed in your proposed product line? This source must be a publically736

available website or document download available for our members at all times. The website737

or document must be a source already in use prior to the publishing of the ALJP2016 ITB and738

not developed exclusively for the ALJP2016 ITB response. It cannot be a list based on some739

other contract within the ALJP program or any external contract for the product line you may740

hold.741

c. Example of such Base Pricing sources include, but are not limited to, Manufacturer’s Suggested742

Retail Price (MSRP), Retail Price, Catalog Pricing, Online Store Pricing, Minimum Advertised743

Pricing (MAP) Listing, List Price, Educational Pricing, or other similar pricing available to the LEA744

Group Members and the general public without predetermined login access. Base Pricing must745

be currently publically available and not created specifically for a response to this ITB.746

d. The Base Pricing is a critical part of any response and must be provided at all times in order to747

validate proposed ALJP pricing for the product line proposed.748

749

5. Proposed Sales Contacts750

a. Listing of Sales Contacts and/or proposed ALJP Authorized Resellers.751

b. Each contact must be available in our Vendor Registry listing (with EdDir login).752

6. Top 40 Educational Products of the proposed Product Line753

a. List of the 40 most popular (or most sold) products for the education market.754

i. Listing of 40 individual products of the proposed product line (from item 3 above) based755

on Education market popularity and sales data.756

1. Note: If more than 40 products are a part of the complete proposed product757

line then they will be included as a part of the final response.758

ii. If the entire number of products within the product line is less than 40, all products must759

be listed.760

iii. List must include Base Price for each individual product as identified in the proposed761

Base Price source.762

iv. NO final proposed ALJP pricing or discounts will be presented or indicated in this list.763

b. Qualified Bidder must use the provided ALJP2016 ITB Top 40 Educational Products within764

Proposed Product Line template. (ALJP2016Top40Proposed.xlsx) Renaming the file to match the765

specified Proposal ID given (“your Proposal ID.xlsx)766

c. This list will be used in the evaluation process as well however additional proposal pricing767

information will be added.768

d. This listing must remain consistent throughout the ITB process; however, products within the769

product line may be changed as needed once a contract is in place. The awarded Qualified770

Bidder must maintain this list throughout the contracted period.771

e. Final ALJP pricing must be added along with remaining proposed products of the proposed772

product line. This should be provided in both printed and digital format during the final formal773

response ONLY.774

7. References:775

ALJP2016


a. Provide at least five (5) K‐12 educational institutions or organizations and contact information776

including name, address, phone number, and a contact name with an email address. At least777

three (3) of these institutions should be Alabama K‐12 Local Education Agencies/Districts.778

b. Provided by Qualified Bidder in attached document (no template provided).779

8. Certification Statements780

a. Compliance with ISO Certification requirement and maintenance of certification781

b. E‐Verify compliance782

c. Others783

784

This information will be openly available once the submission (only) has been approved by the ALSDE. The ALSDE 785

reserves the right to make (or not make) suggestions to Qualified Bidder’s concerning the validity of their 786

submission and if such suggestions are made these suggestions will be made available to all Qualified Bidders 787

for review. 788

Online Product Line Proposal Window 789

This phase will be open for a predetermined period. This information is provided in the Schedule of Events 790

section of this document. 791

792

ALJP2016


FORMAL RESPONSE 793

The Product Line Proposal Submission will be completed upon the final and formal submission of a response to 794

this ITB. The official pricing information along with additional elements of the Qualified Bidder’s formal proposal 795

for a given product line will be merged into the Product Line Proposal Phase and the entire submission will be 796

evaluated and compared with equal and similar product line proposals submitted by other Qualified Bidders for 797

this ITB. The ALJP Evaluation Committee will use the Product Line Proposal Evaluation Phase to score all 798

proposals. 799

Formal Response Instructions 800

Bid Coordinator 801

Jerome Browning 802

Alabama State Department of Education 803

Technology Initiatives 804

P.O. Box 302101 805

5315 Gordon Persons Building 806

Montgomery, AL 36130 807

Phone: 334‐353‐4285 808

Fax: 334‐353‐5886 809

Email: [email protected] 810

Bid Identification 811

Each product line listed in the Product Lines Requested section of this document is to be addressed by the 812

name of the Product Line listed. In general, reference to this Invitation to Bid as a whole will be indicated 813

by ALJP2016. 814

All communication regarding this Invitation to Bid must be directed to the bid coordinator listed in section 815

above. 816

All communication must be in written form through the use of Web site question submission or email if 817

applicable. 818

All comments and questions must be made via web (visit http://aljp.ALSDE.edu), by the deadline specified 819

in the schedule of events listed in Schedule of Events section. All comments and questions made on the 820

website tool must be entered by a registered vendor. 821

Each communication in relation to a specific product line requested must be clearly marked with the 822

ALJP2016‐ the product line name located in the Product Lines Requested section of this document entered 823

in the subject area of the email or on the envelope. If the communication is related to the ITB in general, 824

then use “ALJP2016 ‐ General” as the reference for the communication. 825

The ALSDE will not be held responsible for delays or technical problems that may arise due to temporary 826

failure of email or Web site availability. 827

ALJP2016


In the event that the interested vendor does not have access to the Web site, all communications may be 828

sent by email and/or regular mail but must be received by the ALSDE prior to the deadline specified in the 829

schedule of events listed in Schedule of Events section. 830

The ALSDE will respond to all timely written communications through posting of questions and responses 831

via Website. The Website will be available at http://aljp.ALSDE.edu. 832

It is the responsibility of the Qualified Bidder to monitor this site for information updates, instructions, or 833

addendums. 834

Any information, other than the information provided in this Invitation to Bid and Website, given by the 835

ALSDE should be considered for informational purposes only. 836

Schedule of Events: 837

Event Date‐Time (Central Time Zone)

ALSDE Release of ITB for Response January 4, 2016 January 25, 2016 Extension Amendment (minor)

Optional ALJP 2016 Bidders Web Conference

See ALJP Website

January 11, 2016 2:00 PM – 3:00 PM (Complete at amendment)

ALJP2016 ITB Response Procedures Thursday, March 3, 2016 9:00 am | Central Standard Time Register

Deadline for Questions February 15, 2016 04:30 PM

Qualified Bidder Application Window Close February 16, 2016 04:30 PM

Product Line Proposal Window Close February 17, 2016 11:00 AM

Deadline for Submitting Bid(s) February 18, 2016 5:00 PM

Public Bid Opening February 19, 2016 9:00 AM

ALSDE and Committee Evaluation Process

Begins February 19, 2016

Awarding of Contracts February 22, 2016

Purchasing by LEA Group May Begin Dates to be posted on ALJP Website

838

Optional web conferencing session may be available and recorded for later reference.839

Bid Conference 840

The ALSDE will not hold any formal Bid Conference. The ALSDE may provide informational sessions as needed 841

based on the level of questions received. Interested bidders should visit the ALJP website often to verify any 842

such meetings. These meetings will not be required. 843

The LEA Group members may choose to require a bidder’s conference in their mini‐bid/quote efforts. All sales 844

contacts must visit the Mini‐Quote site often for information. 845

ALJP2016


Bid Submittal – Final Product Line Proposal Submission 846

The complete bid submittal will consist of the following elements specific to an ALJP2014 ITB Response in the 847

order listed: 848

Fully Completed ALJP2016 ITB Document (this document) Printed & Two Digitized Copies on two separate CDs. 849

Each page must be initialed. 850

Entry items must all be addressed and completed 851

Page 1 Form Completed 852

Each of the sections reserved in the “PLACEHODER SECTION” of this document must be 853

addressed. Provide or create the documentation requested for each section and insert those 854

pages accordingly. 855

ALJP2016 Price list 856

EXCEL Worksheet Format provided. Template (ALJP2016Price List.xlsx) to be provided on ALJP website. 857

THIS IS NOT TO BE SUBMITTED WITH THE ONLINE PRODUCT LINE PROPOSAL. 858

Provide a copy of completed product line price list of all products within the proposed product line on 859

the 2 CDs submitted 860

This does not have to be printed in full and included in Bid Package, but it must be located on each of the two 861

CDs and on the Potential Product Line Contract Website. The first four pages to include the “Top 40 Educational 862

Products of the Product Line” must be included (Placeholder) in the format provided and these must be printed 863

and included with hard copy response. 864

Same list as presented in the online submission of the Product Line Proposal Phase 865

Including discount and pricing information. 866

EXCEL Worksheet Provided (Template provided on ALJP website) 867

Bid Package Submission 868

Bidders are to provide a single bid package for each product line to be considered. 869

Final Response Format 870

The Qualified Bidder will provide the response in a binder (hard shell) that will have secure pockets for the 871

required CD or DVD (or similar storage device). Your response must not deviate from the format described 872

within this document. 873

Additionally, two copies of the bid submission in digitized form must also be submitted with the bid package. 874

The digitized format must include a single portable document file (or PDF) containing the complete response. 875

The two identical digital files must be submitted on two separate CDs or DVDs. The ALJP Price List and MPPL 876

spreadsheet files should also be included on each CD/DVD submitted in the provided MS Excel file format. 877

The Qualified Bidder must self‐verify the files before inclusion in submitted bid package. 878

ALJP2016


With the exception of the ALJP2016 pricing spreadsheet, the required digitized “pdf “should be a 879

single file containing all ITB response items, required documents and supporting documents as 880

deemed necessary. 881

Each securely sealed package must be clearly marked with the ALJP2016 ‐ and the Specific Product Line. 882

(Example: ALJP2016‐Acer) Please include a “DO NOT OPEN” message clearly on the package. 883

If package is boxed inside a carrier’s box then that box should also have the ALJP ITB ID clearly visible. 884

885

Bid Delivery Address 886

Submitted bid packages must be mailed or hand delivered to the ALSDE using either of the following two 887

addresses: 888

Courier Mail 889

Alabama State Department of Education 890 E‐Rate Section 891

ATTENTION: Jerome Browning 892 50 N. Ripley St. 893

5315 Gordon Persons Building 894 Montgomery, AL 36104‐3833 895

896

Regular Mail 897

Alabama State Department of Education 898 E‐Rate Section 899

ATTENTION: Jerome Browning 900 5315 Gordon Persons Building 901

P.O. Box 302101 902 Montgomery, AL 36130‐2101 903

904

Submittal as described above must be made by the date and time expressed in the schedule of events. Do 905

not use any other address other than the information listed above. 906

No other format (Fax, email, etc.) will be accepted. 907

908

Cost of Preparing Bids 909

The ALSDE will not reimburse any cost the bidder may have in the preparation and submittal of any bid 910

package. 911

It should be noted that the use of Microsoft Word 2013/2016, Microsoft Excel 2013/2016 and Adobe Acrobat 912

Professional may be required. 913

Scanning or digitizing documents will be required. 914

ALJP2016


Bidder Errors 915

Revisions to Previously Submitted Bids 916

Any bidder who submits a bid package and finds it needs revisions or canceling may do so via email 917

notification to the coordinator. The ALSDE will not open sealed bids before bid opening date and time. If 918

revisions are needed, then the bidder must notify the coordinator via email of the cancellation of current 919

bid package and submit a new bid package before the deadline for submitting bids. 920

The bidder is responsible for cancelled bid package(s). The cancelled bid package(s) will remain sealed and 921

be voided in the bid process. It will be discarded upon notification of the bidder unless bidder arranges for 922

pick‐up. 923

Bidders are responsible and liable for all errors or omissions contained in their bid packages. 924

Invitation to Bid Amendments and Cancellation 925

The ALSDE in conjunction with the Montgomery County School System reserves the right to amend this 926

Invitation to Bid at any time. 927

The ALSDE also reserves the right to cancel and/or reissue this Invitation to Bid at its sole discretion. 928

Any amendments or cancellations regarding this Invitation to Bid will be made via Web site announcements 929

(http://aljp.ALSDE.edu). It is the bidder’s responsibility to monitor Web site for such information on a daily 930

basis. 931

Right to Reject Bid Packages 932

The ALSDE reserves the right to reject any and all submitted bid packages at ALSDE discretion. 933

The ALSDE reserves the right to cancel this Invitation to Bid in its entirety. 934

Any bid package submitted, which does not meet the requirements set forth within this Invitation to Bid 935

including the ISO requirement, will be considered a non‐response and will not be considered. 936

Bidder must comply with all terms of this Invitation to Bid (ITB) and applicable State Laws, including but not 937

limited to Title 16 Chapter 61E of the Code of Alabama 1975, and regulations (see 938

http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm). 939

The ALSDE will reject any proposal that does not comply with all the terms, conditions, and performance 940

requirements of this ITB. 941

In the event a product line does not receive a bid package or receives a single bid package for a specific 942 product line, the ALSDE reserves the right to negotiate with known vendors to provide the product line to 943 the LEA Group members. 944

Bid Package and Public Information 945

All bid packages and any materials submitted in response to this ITB by the bidder become the property of 946

the ALSDE. Selection or rejection of a bid package does not affect this right. 947

All information provided by the bidder in the bid package will be available for public viewing upon 948

request after bid opening. All responses received will be posted on the ALJP Web site. 949

ALJP2016


By submitting a bid package, the bidder acknowledges and accepts that the full contents of the bid package 950

will be made available for public inspection. 951

By submitting a bid package the bidder agrees to all requirements, terms, and conditions of the ITB. 952

ALJP2016


EVALUATION AND CONTRACT AWARDS 953

A Qualified Bidder’s response will be evaluated and scored by the committee to determine if an award is to 954

be given. The Final Product Line Proposal for the awarded response will be promoted to a Contract denoted 955

by ALJP2016‐ xxxx. An official contract number will be assigned and a formal agreement document must be 956

executed. The awarded Qualified Bidder will be notified by email of award and the agreement document 957

will be attached for signatures and returned to the ALSDE promptly. 958

ALJP Committee Evaluation Scoring 959

1. Proposed Score (100 Points Total)960

a. Clear and concise Product Line (Offering) and Base Pricing Source (15)961

b. Competitive pricing to similar and/or equivalent product line responses. May include pricing962

from current contracts as a reference. (50)963

c. Proposed pricing equal to or lower than known lowest corresponding pricing of similar or964

equivalent products within the proposed product line. (20)965

d. Full representation of the product line offering. (15)966

967

968

ALJP2016


969

970

971

972

973

974

975

976

977

978

979

980

APPENDICES 981

ALJP2016


ISO 9001 Clarification 982

983

The ALSDE and ALJP LEA Group Committee will remain consistent with Chapter 61E of the Code of Alabama 984

1975. It is clearly stated within the law that “The Legislature therefore desires to authorize the joint purchase 985

of information technology and competitive bidding as well as ensure quality vendors.” This statement is 986

recognized by the ALSDE and Committee and we believe it is supported by the ISO‐9001 certification 987

requirement within the law. The ISO‐9001 certification requirement is a practical requirement to ensure our 988

schools are able to purchase information technology from quality vendors. A company/vendor having this 989

current and up‐to‐date certification has demonstrated, and been certified by an ISO Registrar, quality and 990

exemplary business management in terms of customer service, sound consistent business practices, and the 991

proven ability to offer services and products to the participating Alabama Public Local Education Agencies (LEA 992

Group). The Title 16 Chapter 61E of the Code of Alabama 1975 (formerly known as Alabama Act No. 2003‐392), 993

signed into law on June 23, 2003 by Governor Bob Riley, is the guiding document in the creation and 994

administration of this bid and resulting contract(s). 995

996

The ALSDE’s interpretation of the term “affiliates” as included in the ISO‐9001 requirement stated within the 997

Title 16 Chapter 61E of the Code of Alabama 1975 that “any companies that have ISO‐9001 certification or any 998

companies or contractors whose affiliates, subdivisions, subsidiaries, or departments have ISO‐9001 certification 999

can bid on the information technology to be jointly purchased.” It is not the ALSDE’s position to make an 1000

interpretation of a set term within a law if it is defined elsewhere in state law or federal law. The ALSDE prefers 1001

to use such related and documented definitions when available. A primary resource in the defining of the term 1002

“affiliates” is the Code of Alabama 1975, Title 6 “Civil Law”, Chapter 12, and Section 6‐12‐2: 1003

Section 6‐12‐2 1004

2) AFFILIATE. A person who directly or indirectly owns or controls, is owned or controlled by, or is under common1005

ownership or control with, another person. Solely for purposes of this definition, the terms "owns," "is owned" 1006

and "ownership" mean ownership of an equity interest, or the equivalent thereof, of ten percent or more, and 1007

the term "person" means an individual, partnership, committee, association, corporation, or any other 1008

organization or group of persons. 1009

ALJP2016


Though this definition within the law relates to “Escrow Fund for Certain Tobacco Product Manufacturers” the 1010

ALSDE considers this definition as “our definition” of the term affiliate. This may also be considered as our 1011

defined “interpretation” of the term affiliates, if necessary. 1012

In additional support of our definition of the term affiliate, we find it is consistent with the Federal 1013

Communication Commission (FCC), in the Telecommunications Act of 1996 (available on the Internet at 1014

http://www.fcc.gov/Reports/tcom1996.txt located in section 3 of the document) stating the following: 1015

“The term `affiliate' means a person that (directly or indirectly) owns or controls, is owned or controlled by, or 1016

is under common ownership or control with, another person. For purposes of this paragraph, the term “own” 1017

means to own an equity interest (or the equivalent thereof) of more than 10 percent.” 1018

This definition is relational and crucial in our definition of an affiliate. One of the major purposes for the ALSDE’s 1019

involvement as the administrator of the ALJP Program is to provide a state master contract for LEAs to purchase 1020

Information Technology (in accordance with Title 16 Chapter 61E of the Code of Alabama 1975). The ALJP ITBs 1021

relate to the Telecommunications Act of 1996. The Telecommunications Act of 1996 formed the program 1022

commonly known as “E‐Rate” which is administered by the Universal Services Administrative Company (USAC) 1023

and the Schools & Libraries Division (SLD). This program provides various discounts on eligible services and 1024

products depending on an applicant’s (LEAs and respective schools) level of poverty reflected primarily by their 1025

Free & Reduced Lunch ratios. The product lines listed in ALJP ITBs may include “E‐Rate” eligible products. This 1026

provides a connection or relationship between the Telecommunications Act of 1996 and the ALJP ITBs in relation 1027

to the definition of “affiliate.” The ability for our LEAs to use the ALJP resulting contract(s) will assist them by 1028

reducing their time and effort, and paperwork in making E‐Rate applications for discounts by eliminating need 1029

required Form 470 which is basically the bidding process required by USAC and the FCC. 1030

A similar definition can be found in the Gramm‐Leach‐Bliley Act 15 USC, Subchapter I, Sec. 6801‐6809 available 1031

on the Internet at http://www.ftc.gov/privacy/glbact/glbsub1.htm#6809 Disclosure of Nonpublic Personal 1032

Information provided by the Federal Trade Commission the definition of affiliate as: 1033

(6) Affiliate1034

The term ''affiliate'' means any company that controls, is controlled by, or is under common control with another 1035

company. 1036

ALJP2016


As a result of this analysis, the ALSDE and Committee will remain consistent with the ISO‐9001 requirement that 1037

“any companies that have ISO‐9001 certification or any companies or contractors whose affiliates, subdivisions, 1038

subsidiaries, or departments have ISO‐9001 certification can bid on the information technology to be jointly 1039

purchased…” as it is written with the definition (or clarification) of “affiliates” as: 1040

AFFILIATE. A person who directly or indirectly owns or controls, is owned or controlled by, or is under common 1041

ownership or control with, another person. Solely for purposes of this definition, the terms "owns," "is owned" 1042

and "ownership" mean ownership of an equity interest, or the equivalent thereof, of ten percent or more, and 1043

the term "person" means an individual, partnership, committee, association, corporation, or any other 1044

organization or group of persons. (Code of Alabama 1975, Title 6 “Civil Law”, Chapter 12). 1045

The terms subdivisions, subsidiaries, and departments will be considered synonymously with affiliates. It is also 1046

important to understand that a company that is not ISO‐9001‐certified that simply purchases products listed in 1047

the product line listing (modified in Item #2) from an ISO‐9001 Certified Manufacturer/Publisher for resell, does 1048

not meet the affiliates definition. If a bid is submitted by a company or contractor that is not ISO‐9001‐certified 1049

and is not affiliated with an ISO‐9001‐certified entity (see definition of “affiliate” above) it (the bid package) will 1050

be disqualified as not meeting the criteria set forth in Title 16 Chapter 61E of the Code of Alabama 1975, signed 1051

into law on June 23, 2003 by Governor Bob Riley, is the guiding document in the creation and administration of 1052

this bid and resulting contract(s). 1053

However, if the bidding company does meet ISO‐9001 certification requirement, then that company, if awarded 1054

the contract, can name authorized resellers that could include companies that do not meet the ISO‐9001 or 1055

affiliate requirement. An authorized reseller of a product line manufactured/published does not automatically 1056

meet the definition of an affiliate. Authorized resellers can be removed by awarded company in accordance 1057

with their definition of an authorized reseller. 1058

The bidding company/vendor listed on the cover page must meet the ISO‐9001 certification or be a vendor 1059

who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control 1060

with, another vendor of which the ownership represents 10% equity of a company that is currently ISO‐9001‐1061

certified. If there is an affiliated relationship and the awarded vendor does not actually hold the certification, 1062

the bidder must include documentation of proof that the bidding vendor has an affiliation or is a subdivision, 1063

subsidiary, or department of a company that does have a ISO‐9001 certification, in accordance to the definition 1064

stated above, including a letter of qualification on the ISO‐9001. This letter should be on the ISO‐9001‐certified 1065

company’s letterhead and signed by an authorized official of the company as well as notarized. The content of 1066

ALJP2016


the letter should describe the relation between the two companies and how the definition of affiliate is met 1067

including a description of the ownership or control. An ISO‐9001 certificate should be included and in the “ISO1068

CERTIFICATION INFORMATION” area on the cover page, the certifying company’s information should be entered. Adjacent 1069

to the title of that section the bidder will include a statement that identifies the relation to the certified company. 1070

This statement should read: In Affiliation With…, Subdivision of …, Subsidiary of …, or A Department of …. (Ex: 1071

In Affiliation with XYZ Corp.). 1072

1073

ALJP2016


AGREEMENT1074 Vendor Company Name: _________________________________________ 1075

Vendor’s State of Incorporation: _________________________________ 1076

I. General Stipulations1077 1078

For mutual consideration, the Alabama State Department of Education and VENDOR, do fully 1079

understand and agree to the below rendition of facts and law that support the need for the following agreement. 1080

VENDOR, recognizes, accepts, and agrees with the Alabama State Department of Education to the following: 1081

1082

Section 16‐61E‐2 Code of Alabama (1975) permits school districts to enter joint purchasing agreements 1083

for the lease or purchase of “information technology” defined as “equipment, supplies, and other tangible 1084

personal property, software, services, or any combination of the foregoing, used to provide data processing, 1085

networking, or communications services.” As a result, the Montgomery County Public School System and other 1086

educational institutions across the State of Alabama have entered into as many separate joint purchasing 1087

agreements where each agree with one another to purchase or lease information technology for their respective 1088

schools. These schools, to‐wit: the Local Education Agencies (LEAs) listed on the contract administrator website, 1089

and hereinafter referred to as LEA Group Members, have entered into the aforesaid joint purchasing agreements 1090

for the purpose of competitive bidding and purchasing and/or leasing of information technology and in each 1091

respective joint purchasing agreement have expressly authorized the ALSDE as its Joint Purchasing 1092

Administrator. Additionally, state law allows the Administrator, ALSDE, to be responsible for issuing the 1093

Invitation to Bid, evaluating the bids received, and awarding the contract. 1094

1095

This document is the resulting contract by and between VENDOR, with its principles offices at Address, 1096

City, ST, Zip hereinafter referred to as “Vendor” and the State of Alabama, acting for purposes of this Contract 1097

through its State Department of Education (ALSDE) with its offices at Montgomery, AL. This contract is in 1098

complete accord with Section 16‐61E‐2 Code of Alabama (1975) and Invitation to Bid (ITB) ALJP2016 and 1099

vendor’s response to ITB ALJP2016. Inasmuch as the correct and proper invitation and evaluation of bids have 1100

been followed by all parties, the Vendor has been awarded this contract by the ALSDE. This agreement between 1101

ALSDE and Vendor will facilitate and administer the purchasing or leasing of information technology. This 1102

contract is effective (Start Date) and continues until (First End Date). The ALSDE, at its own discretion, will extend 1103

the length of this contract for various periods not to exceed a period of 36 months for the total life of the 1104

contract. The resulting contract will, without written notification, automatically renew on an annual basis unless 1105

the ALSDE declines to renew the resulting contract for the additional periods. In the event that an annual full or 1106

partial renewal is not offered, the ALSDE will notify the Contract Holder in writing 60 days prior to the renewal 1107

expiration date. 1108

In consideration of the various sums and rates listed in the attachments made part of this agreement, 1109

the Vendor agrees to provide the product line of Product Line consisting of but not limited to, Description for 1110

the purchasing of the aforesaid LEA Group Members in accordance to Section 16‐61E‐2 Code of Alabama (1975). 1111

Additionally, the Vendor agrees to abide by the terms and conditions expressed below by the ALSDE, 1112

Administrator of these joint purchasing agreements. 1113

ALJP2016


1114

II. Conditions of Administration1115 1116

(1) The Vendor will be required to maintain and keep current the required ISO Certification required1117 for the life of this contract.1118

(2) The Vendor will be required to maintain and keep current the Product Line Product Offering &1119 Base Pricing source as submitted.1120

(3) The Vendor will be required to maintain and keep current the required elements on the ALJP1121 Website and on the Vendor developed Product Line Contract Website located at the web1122 address within the Vendor’s awarded response.1123

(4) The Vendor will combine base pricing from the Product Line Product Offering & Base Pricing1124 source and the awarded discount information to maintain the ALJP Price List and updates this1125 file to be located on the Product Line Contract Website. The Vendor will notify the ALSDE of this1126 or any changes to information on the Product Line Contract Website with a short description of1127 the change(s) via an email to [email protected]. ALSDE requires that only the awarded branded1128 products be included on the ALJP Price Listing.1129

(5) The ALSDE will use the awarded Product Line Product Offering & Base Pricing source and1130 Discount(s) to verify the ALJP Pricing submitted and the prices quoted by listed Sales Contacts1131 and/or an online ordering website (if applicable).1132

(6) The Ordering Instructions will be provided by the Vendor through the Vendor developed Product1133 Line Contract Website. The Vendor is responsible for keeping the ALSDE informed of any1134 changes to the Ordering Instructions and shall keep all information accurate and current.1135

(7) The Vendor must provide quarterly contract activity and other reports to the ALSDE as described1136 within ITB#ALJP2016.1137

(8) The LEA Group Members, Vendor or the Vendor assigned Authorized Resellers will be required1138 to reference any quotes, purchase orders or other documentation issued as a result of the1139 contract by identifying the same with “Contract #ALJP2016‐xxxx” for audit purposes.1140

(9) The Vendor and its Authorized Resellers (if applicable) will provide purchase order information1141 from all sales activity as directed by the ALSDE.1142

(10) In accordance with Section 16‐61E‐2 Code of Alabama (1975), each LEA Group Members shall1143 pay its share of expenditures for purchases under this agreement in the manner as it pays other1144 expenses of the LEA.1145

(11) The ALSDE will not issue purchase orders for the LEA Group Members but will only administer1146 the program for the LEA Group Members. Purchase orders will be initiated by the individual LEA1147 Group Member and Vendor or Reseller (per Vendor’s instructions).1148

(12) The ALSDE in addition to monitoring and oversight, may also purchase, with the consent of the1149 Director of Finance or his or her designee, from ALJP contracts when purchases are necessary1150 to maintain statewide application and compatibility.1151

1152

(13) By signing this agreement the Vendor agrees to the terms set forth within the “Alabama State1153 Department of Education Invitation to Bid ALJP2016” to provide branded productline products1154 consisting of but not limited to, pldescription. Further, after signature of an authorized1155 Company official and return of the Agreement to ALSDE at the address provided in ITB1156 #ALJP2014, this agreement shall be considered in force and effect.1157

ALJP2016


III. Contract Disputes.1158

(1) Dispute Resolution. The parties shall attempt, in good faith, for a period of not less than1159

thirty (30) days to resolve any controversy, claim, or dispute arising out of this Agreement1160

through negotiations. Furthermore, should the parties be unable to resolve any disputes1161

arising under the terms of this Contract, the parties hereto agree, in compliance with the1162

recommendations of the Governor and Attorney General, when considering settlement of1163

such disputes, to utilize appropriate forms of non-binding alternative dispute resolution1164

including, but not limited to, mediation by and through the Attorney General’s Office of1165

Administrative Hearings or where appropriate, private mediators.1166

1167

(2) Termination by the State. This Contract may be terminated by the State for Default, as1168

follows:1169

1170

a. Termination for Default. The State shall have the right to terminate this1171

Contract for Default by (Vendor) upon thirty (30) day written notice. A1172

Default shall be deemed to have occurred if (Vendor) breaches any1173

primary obligations, terms or conditions of this Contract and fails to cure1174

such breach within thirty (30) days after receipt of written notice from the1175

State concerning such breach.1176

1177

b. Termination for Vendor Bankruptcy. To the extent permitted by1178

applicable law, in the event of the filing of a petition in bankruptcy by or1179

against Vendor, which is not dismissed within thirty (30) days, the State1180

shall have the right to terminate this Contract upon ten (10) days advance1181

written notice.1182

IV. Miscellaneous.1183

1184

1185

(1) If any provision of this Contract is invalid or unenforceable under any applicable statute1186

or rule of law, this Contract shall be enforced to the maximum extent possible to1187

effectuate the original express intent of the parties.1188

1189

(2) The person executing this Contract on behalf of a party represents that he/she is1190

authorized to sign this Contract on behalf of such party and warrants that he/she has full1191

power to enter into this Contract on behalf of such party.1192

1193

(3) Any and all notices shall be sent by United States First Class or Certified Mail or by a1194

courier service furnishing proof of delivery (postage and delivery prepaid) to the1195

addresses for the parties set forth below. Either party may change its notice address by1196

notifying the other in like manner.1197

1198

If to Vendor:1199

1200

1201

ALJP2016


Company 1202

Address 1203

City, ST, zip 1204

1205

If to ALSDE: 1206

1207

1208

Warren Craig Pouncey 1209

ALJP2016 1210

5119 Gordon Persons Building 1211

50 North Ripley St. 1212

Montgomery, AL 36102 1213

1214

1215

(4) This Contract shall be governed by and construed in accordance with the laws of the State1216

of Alabama.1217

1218

(5) This Contract shall be administered on behalf of the State by the ALSDE.1219

1220

(6) Neither party shall use the name of the other for any commercial purpose without the1221

prior written consent of the other, except that Vendor may, without prior written consent,1222

identify the State in reference listings as a client of Vendor, if such identification does1223

not include the State's endorsement of the services of Vendor.1224

1225

1226

(7) This Contract, together with the bid response hereto, constitutes the complete and entire1227

agreement between the parties. This Contract supersedes all prior discussions,1228

understandings, arrangements and negotiations between the parties with respect to the1229

subject matter of this Contract. The terms and conditions of this Contract shall prevail1230

notwithstanding any variance with the terms and conditions of any order submitted with1231

respect to the Support Services, equipment, supplies or any related services provided in1232

this Contract. This Contract shall not be modified, amended, rescinded, canceled or1233

waived in whole or in part without the written agreement signed by both parties.1234

1235

1236

V. Required State Provisions.1237

1238

(1) It is understood that there is no entitlement to any State Merit System benefits to anyone1239

working under the terms of this Contract.1240

1241

(2) Notwithstanding any provision within this Contract to the contrary, no travel is to be paid1242

by the State under this Contract unless approved in advance by the State Superintendent1243

and agreed for reimbursement to the State by the State Finance Director.1244

1245

ALJP2016


(3) The State Superintendent of Education, through his designated representatives, will1246

sponsor and approve the purposes, administration, and supervision of all phases of the1247

services to be provided.1248

1249

(4) The initial duration of this agreement is start date, through with aforementioned1250

extensions. Either party upon receipt of a 30-day written notification may terminate the1251

agreement.1252

1253

(5) It is agreed that the terms and commitments contained herein shall not be constituted as1254

a debt of the State of Alabama in violation of Article II, Section 213 of the Constitution1255

of Alabama, 1901, as amended by Amendment Number 26. It is further agreed that if1256

any provision of this Contract shall contravene any statue or Constitutional provision or1257

amendment, either now in effect or which may, during the course of this Contract, be1258

enacted, then that conflicting provision in the Contract shall be deemed null and void.1259

The contractor’s sole remedy for the settlement of any and all disputes arising under the1260

terms of this agreement shall be limited to the filing of a claim with the Board of1261

Adjustment for the State of Alabama.1262

1263

(6) This agreement is subject to termination in the event of proration of the fund from which1264

payment under this agreement is to be made.1265

1266

(7) Neither party shall have the right to assign or transfer its rights or obligations under this1267

contract without the consent of the other party.1268

1269

(8) All funds paid under the terms and conditions of this Contract shall be used for purposes1270

permitted and consistent with Alabama law.1271

1272

(9) BEASON-HAMMON ALABAMA TAXPAYER AND CITIZEN PROTECTION ACT1273

(ACT 2011-535) ALABAMA LAW (ACT 2011-535) PROVIDES THAT AS A1274

CONDITION FOR THE AWARD OF ANY CONTRACT BY THE STATE TO A1275

BUSINESS ENTITY OR EMPLOYER THAT EMPLOYS ONE OR MORE1276

EMPLOYEES, THE EMPLOYER SHALL PROVIDE DOCUMENTATION1277

ESTABLISHING THAT THE BUSINESS DOES NOT KNOWINGLY EMPLOY, HAS1278

NOT HIRED FOR EMPLOYMENT, NOR WILL IT CONTINUE TO EMPLOY AN1279

UNAUTHORIZED ALIEN, AS THAT TERM IS DEFINED IN ALABAMA ACT 2011-1280

535. BY SIGNING THIS AGREEMENT AND BY REFERENCE IN SUBMITTED BID1281

RESPONSE, COMPANY HEREBY CERTIFIES THAT THEY ARE IN FULL1282

COMPLIANCE WITH ACT 2011-535 AND ACKNOWLEDGES THAT THE1283

AWARDING AUTHORITY WILL DECLARE THIS AGREEMENT VOID IF THE1284

CERTIFICATION IS NOT VALID. DOCUMENTATION OF ENROLLMENT IN THE1285

E-VERIFY PROGRAM WILL BE REQUIRED. FAILURE TO PROVIDE1286

DOCUMENTATION WITHIN 5 CALENDAR DAYS OF NOTIFICATION BY THE1287

ALSDE WILL RESULT IN THE VOID OF THIS AGREEMENT. TO ENROLL IN1288

THE E-VERIFY PROGRAM VISIT WWW.DHS.GOV/E-VERIFY1289

ALJP2016


IN WITNESS WHEREOF, the ALSDE and Vendor have executed this Contract as 1290

of the _____ day of _____________ 2014. 1291

1292

Company STATE OF ALABAMADEPARTMENT OF EDUCATION

(Signature) Mr. Andy Craig

Deputy State Superintendent of Education

Administrative and Financial Services (Printed Name)

(Printed Title)

This contract has been reviewed for legal form and appears to comply with all applicable laws, rules and regulations of the State of Alabama governing these matters.

Juliana Teixeira Dean General Counsel for the State Department of Education

1293

1294

ALJP2016


1295

PRODUCT LINES REQUESTED ALPHABETICALLY 1296

Adobe or Equivalent

ADTRAN or Equivalent

Aerohive or Equivalent

AG Parts or Equivalent

Airwatch or Equivalent

APC or Equivalent

Apple or Equivalent

Aruba Wireless or Equivalent

ASUS or Equivalent

Aver or Equivalent

AVG or Equivalent

Axis or Equivalent

Ballistic Case or Equivalent

Barracuda or Equivalent

Belkin or Equivalent

Brocade or Equivalent

Brother or Equivalent

Cables to Go or Equivalent

Casio or Equivalent

Cisco or Equivalent

CyberData or Equivalent

Daktech Computers or Equivalent

Faronics or Equivalent

Dell or Equivalent

Earthwalk or Equivalent

eBeam or Equivalent

eInstruction or Equivalent

ELMO Document Camera or Equivalent

Email Hosting Services

EMC or Equivalent

Epson or Equivalent

eSet or Equivalent

Extreme Networks or Equivalent

FrontRow or Equivalent

Hapara or Equivalent

Hewlett Packard or Equivalent

Higher Ground or Equivalent

HoverCam or Equivalent

ALJP2016


Howard Computers or Equivalent

iBoss or Equivalent

InFocus or Equivalent

iXsystems or Equivalent

Juniper Networks or Equivalent

Kaspersky or Equivalent

Lenovo or Equivalent

Liebert or Equivalent

Lightspeed or Equivalent

Lightspeed Systems or Equivalent

Malwarebytes Endpoint Security or Equivalent

Microsoft or Equivalent

Mimioq or Equivalent

Monoprice or Equivalent

NetApp or Equivalent

Nexlink or Equivalent

Nimble or Equivalent

Open Mesh or Equivalent

Palo Alto Networks or Equivalent

Promethean or Equivalent

Qomo or Equivalent

Refurbished/Remanufactured IT Equipment

Ruckus Wireless or Equivalent

Samsung or Equivalent

Schoology or Equivalent

ShoreTel or Equivalent

SMART boards or Equivalent

SOPHOS or Equivalent

Trend Micro or Equivalent

Tripp Lite or Equivalent

Ubiquiti Wireless Equipment or Equivalent

ViewSonic or Equivalent

VMWare Software or Equivalent

WatchGuard or Equivalent

Xirrus or Equivalent 1297

Thank you for your interest in the Alabama Joint Purchasing Program. 1298

1299

1300

ALJP2016


1301

1302

1303

1304

1305

1306

1307

1308

1309

1310

PLACEHOLDER SECTION FOR RESPONSE ITEMS 1311

1312

1313

ALJP2016


Manufacturer’s Statement (If Applicable) 1314

See Page 10 1315

1316

ALSDE - Alabama K-12 Joint Purchasing Information Technology Program ITB: ALJP2016

1314 Manufacturer’s Statement (If Applicable)

Lexmark response:

Lexmark is an original equipment manufacturer (OEM) thus a manufacturer’s statement is not applicable to us.

ALJP2016


E‐verify Documentation ‐ Required 1317

See page 9 1318

Insert documentation required for E‐verify. If not applicable insert a letter stating so. 1319

Company ID Number: 242663

Page 1 of 13|E-Verify MOU for Employer|Revision Date 10/29/08 www.dhs.gov/E-Verify

E-VERIFY IS A SERVICE OF DHS

THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATIONMEMORANDUM OF UNDERSTANDING

ARTICLE I

PURPOSE AND AUTHORITY

This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Lexmark International Inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E-Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form I-9). For covered government contractors, E-Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts.

Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, “Employment Eligibility Verification”, of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a “Federal contractor”) to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended.

ARTICLE II

FUNCTIONS TO BE PERFORMED

A. RESPONSIBILITIES OF SSA

1. SSA agrees to provide the Employer with available information that allows the Employerto confirm the accuracy of Social Security Numbers provided by all employees verified underthis MOU and the employment authorization of U.S. citizens.

2. SSA agrees to provide to the Employer appropriate assistance with operationalproblems that may arise during the Employer's participation in the E-Verify program. SSAagrees to provide the Employer with names, titles, addresses, and telephone numbers of SSArepresentatives to be contacted during the E-Verify process.

3. SSA agrees to safeguard the information provided by the Employer through the E-Verifyprogram procedures, and to limit access to such information, as is appropriate by law, toindividuals responsible for the verification of Social Security Numbers and for evaluation of theE-Verify program or such other persons or entities who may be authorized by SSA as governedby the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSAregulations (20 CFR Part 401).




4. SSA agrees to provide a means of automated verification that is designed (inconjunction with DHS's automated system if necessary) to provide confirmation or tentativenonconfirmation of U.S. citizens’ employment eligibility within 3 Federal Government work daysof the initial inquiry.

5. SSA agrees to provide a means of secondary verification (including updating SSArecords as may be necessary) for employees who contest SSA tentative nonconfirmations thatis designed to provide final confirmation or nonconfirmation of U.S. citizens’ employmenteligibility and accuracy of SSA records for both citizens and aliens within 10 FederalGovernment work days of the date of referral to SSA, unless SSA determines that more than 10days may be necessary. In such cases, SSA will provide additional verification instructions.

B. RESPONSIBILITIES OF DHS

1. After SSA verifies the accuracy of SSA records for aliens through E-Verify, DHS agreesto provide the Employer access to selected data from DHS's database to enable the Employerto conduct, to the extent authorized by this MOU:

Automated verification checks on alien employees by electronic means, and

Photo verification checks (when available) on employees.

2. DHS agrees to provide to the Employer appropriate assistance with operationalproblems that may arise during the Employer's participation in the E-Verify program. DHSagrees to provide the Employer names, titles, addresses, and telephone numbers of DHSrepresentatives to be contacted during the E-Verify process.

3. DHS agrees to provide to the Employer a manual (the E-Verify User Manual) containinginstructions on E-Verify policies, procedures and requirements for both SSA and DHS, includingrestrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify.

4. DHS agrees to provide to the Employer a notice, which indicates the Employer'sparticipation in the E-Verify program. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related UnfairEmployment Practices (OSC), Civil Rights Division, U.S. Department of Justice.

5. DHS agrees to issue the Employer a user identification number and password thatpermits the Employer to verify information provided by alien employees with DHS's database.

6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limitaccess to such information to individuals responsible for the verification of alien employmenteligibility and for evaluation of the E-Verify program, or to such other persons or entities as maybe authorized by applicable law. Information will be used only to verify the accuracy of SocialSecurity Numbers and employment eligibility, to enforce the Immigration and Nationality Act(INA) and Federal criminal laws, and to administer Federal contracting requirements.

7. DHS agrees to provide a means of automated verification that is designed (inconjunction with SSA verification procedures) to provide confirmation or tentative




nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry.

8. DHS agrees to provide a means of secondary verification (including updating DHSrecords as may be necessary) for employees who contest DHS tentative nonconfirmations andphoto non-match tentative nonconfirmations that is designed to provide final confirmation ornonconfirmation of the employees' employment eligibility within 10 Federal Government workdays of the date of referral to DHS, unless DHS determines that more than 10 days may benecessary. In such cases, DHS will provide additional verification instructions.

C. RESPONSIBILITIES OF THE EMPLOYER

1. The Employer agrees to display the notices supplied by DHS in a prominent place that isclearly visible to prospective employees and all employees who are to be verified through thesystem.

2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, andtelephone numbers of the Employer representatives to be contacted regarding E-Verify.

3. The Employer agrees to become familiar with and comply with the most recent versionof the E-Verify User Manual.

4. The Employer agrees that any Employer Representative who will perform employmentverification queries will complete the E-Verify Tutorial before that individual initiates anyqueries.

A. The Employer agrees that all Employer representatives will take the refreshertutorials initiated by the E-Verify program as a condition of continued use of E-Verify, including any tutorials for Federal contractors if the Employer is a Federalcontractor.

B. Failure to complete a refresher tutorial will prevent the Employer from continueduse of the program.

5. The Employer agrees to comply with current Form I-9 procedures, with two exceptions:

If an employee presents a "List B" identity document, the Employer agrees to onlyaccept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R.§ 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) Ifan employee objects to the photo requirement for religious reasons, the Employershould contact E-Verify at 888-464-4218.

If an employee presents a DHS Form I-551 (Permanent Resident Card) or Form I-766(Employment Authorization Document) to complete the Form I-9, the Employer agrees tomake a photocopy of the document and to retain the photocopy with the employee’sForm I-9. The employer will use the photocopy to verify the photo and to assist DHSwith its review of photo non-matches that are contested by employees. Note thatemployees retain the right to present any List A, or List B and List C, documentation tocomplete the Form I-9. DHS may in the future designate other documents that activatethe photo screening tool.




6. The Employer understands that participation in E-Verify does not exempt the Employerfrom the responsibility to complete, retain, and make available for inspection Forms I-9 thatrelate to its employees, or from other requirements of applicable regulations or laws, includingthe obligation to comply with the antidiscrimination requirements of section 274B of the INA withrespect to Form I-9 procedures, except for the following modified requirements applicable byreason of the Employer's participation in E-Verify: (1) identity documents must have photos, asdescribed in paragraph 5 above; (2) a rebuttable presumption is established that the Employerhas not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respectto the hiring of any individual if it obtains confirmation of the identity and employment eligibility ofthe individual in compliance with the terms and conditions of E-Verify; (3) the Employer mustnotify DHS if it continues to employ any employee after receiving a final nonconfirmation, and issubject to a civil money penalty between $550 and $1,100 for each failure to notify DHS ofcontinued employment following a final nonconfirmation; (4) the Employer is subject to arebuttable presumption that it has knowingly employed an unauthorized alien in violation ofsection 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a finalnonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liableunder any law for any action taken in good faith based on information provided through theconfirmation system. DHS reserves the right to conduct Form I-9 compliance inspections duringthe course of E-Verify, as well as to conduct any other enforcement activity authorized by law.

7. The Employer agrees to initiate E-Verify verification procedures for new employeeswithin 3 Employer business days after each employee has been hired (but after both sections 1and 2 of the Form I-9 have been completed), and to complete as many (but only as many) stepsof the E-Verify process as are necessary according to the E-Verify User Manual. The Employeris prohibited from initiating verification procedures before the employee has been hired and theForm I-9 completed. If the automated system to be queried is temporarily unavailable, the 3-daytime period is extended until it is again operational in order to accommodate the Employer'sattempting, in good faith, to make inquiries during the period of unavailability. In all cases, theEmployer must use the SSA verification procedures first, and use DHS verification proceduresand photo screening tool only after the SSA verification response has been given. Employersmay initiate verification by notating the Form I-9 in circumstances where the employee hasapplied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN,provided that the Employer performs an E-Verify employment verification query using theemployee’s SSN as soon as the SSN becomes available.

8. The Employer agrees not to use E-Verify procedures for pre-employment screening ofjob applicants, in support of any unlawful employment practice, or for any other use notauthorized by this MOU. Employers must use E-Verify for all new employees, unless anEmployer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c.Except as provided in Article II.D, the Employer will not verify selectively and will not verifyemployees hired before the effective date of this MOU. The Employer understands that if theEmployer uses E-Verify procedures for any purpose other than as authorized by this MOU, theEmployer may be subject to appropriate legal action and termination of its access to SSA andDHS information pursuant to this MOU.

9. The Employer agrees to follow appropriate procedures (see Article III. below) regardingtentative nonconfirmations, including notifying employees of the finding, providing writtenreferral instructions to employees, allowing employees to contest the finding, and not taking




adverse action against employees if they choose to contest the finding. Further, whenemployees contest a tentative nonconfirmation based upon a photo non-match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge.

10. The Employer agrees not to take any adverse action against an employee based uponthe employee's perceived employment eligibility status while SSA or DHS is processing theverification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l))that the employee is not work authorized. The Employer understands that an initial inability ofthe SSA or DHS automated verification system to verify work authorization, a tentativenonconfirmation, a case in continuance (indicating the need for additional time for thegovernment to resolve a case), or the finding of a photo non-match, does not establish, andshould not be interpreted as evidence, that the employee is not work authorized. In any of thecases listed above, the employee must be provided a full and fair opportunity to contest thefinding, and if he or she does so, the employee may not be terminated or suffer any adverseemployment consequences based upon the employee’s perceived employment eligibility status(including denying, reducing, or extending work hours, delaying or preventing training, requiringan employee to work in poorer conditions, refusing to assign the employee to a Federal contractor other assignment, or otherwise subjecting an employee to any assumption that he or she isunauthorized to work) until and unless secondary verification by SSA or DHS has beencompleted and a final nonconfirmation has been issued. If the employee does not choose tocontest a tentative nonconfirmation or a photo non-match or if a secondary verification iscompleted and a final nonconfirmation is issued, then the Employer can find the employee is notwork authorized and terminate the employee’s employment. Employers or employees withquestions about a final nonconfirmation may call E-Verify at 1-888-464-4218 or OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).

11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section274B of the INA by not discriminating unlawfully against any individual in hiring, firing, orrecruitment or referral practices because of his or her national origin or, in the case of aprotected individual as defined in section 274B(a)(3) of the INA, because of his or hercitizenship status. The Employer understands that such illegal practices can include selectiveverification or use of E-Verify except as provided in part D below, or discharging or refusing tohire employees because they appear or sound “foreign” or have received tentativenonconfirmations. The Employer further understands that any violation of the unfairimmigration-related employment practices provisions in section 274B of the INA could subjectthe Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VIIcould subject the Employer to back pay awards, compensatory and punitive damages.Violations of either section 274B of the INA or Title VII may also lead to the termination of itsparticipation in E-Verify. If the Employer has any questions relating to the anti-discriminationprovision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).

12. The Employer agrees to record the case verification number on the employee's Form I-9or to print the screen containing the case verification number and attach it to the employee'sForm I-9.

13. The Employer agrees that it will use the information it receives from SSA or DHSpursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as




authorized by this MOU. The Employer agrees that it will safeguard this information, and meansof access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes.

14. The Employer acknowledges that the information which it receives from SSA isgoverned by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or usesit for any purpose other than as provided for in this MOU may be subject to criminal penalties.

15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoringand evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, toreview Forms I-9 and other employment records and to interview it and its employees regardingthe Employer’s use of E-Verify, and to respond in a timely and accurate manner to DHSrequests for information relating to their participation in E-Verify.

D. RESPONSIBILITIES OF FEDERAL CONTRACTORS

1. The Employer understands that if it is a Federal contractor subject to theemployment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in FAR 22.1801) in addition to verifying the employment eligibility of all other employees required to be verified under the FAR. Once an employee has been verified through E-Verify by the Employer, the Employer may not reverify the employee through E-Verify.

a. Federal contractors not enrolled at the time of contract award: An Employer thatis not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E-Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal contractor, the Employer must initiate verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later.

b. Federal contractors already enrolled at the time of a contract award: Employersenrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must initiate verification of each employee assigned to the




contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later.

c. Institutions of higher education, State, local and tribal governments and sureties:Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employeesassigned to a contract apply to such institutions of higher education, State, local and tribalgovernments, and sureties.

d. Verification of all employees: Upon enrollment, Employers who are Federalcontractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E-Verify verification of all existing employees within 180 days after the election.

e. Form I-9 procedures for Federal contractors: The Employer may use apreviously completed Form I-9 as the basis for initiating E-Verify verification of an employee assigned to a contract as long as that Form I-9 is complete (including the SSN), complies with Article II.C.5, the employee’s work authorization has not expired, and the Employer has reviewed the information reflected in the Form I-9 either in person or in communications with the employee to ensure that the employee’s stated basis in section 1 of the Form I-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form I-9 complies with Article II.C.5, if the employee’s basis for work authorization as attested insection 1 has expired or changed, or if the Form I-9 contains no SSN or is otherwise incomplete,the Employer shall complete a new I-9 consistent with Article II.C.5, or update the previous I-9to provide the necessary information. If section 1 of the Form I-9 is otherwise valid and up-to-date and the form otherwise complies with Article II.C.5, but reflects documentation (such as aU.S. passport or Form I-551) that expired subsequent to completion of the Form I-9, theEmployer shall not require the production of additional documentation, or use the photoscreening tool described in Article II.C.5, subject to any additional or superseding instructionsthat may be provided on this subject in the E-Verify User Manual. Nothing in this section shallbe construed to require a second verification using E-Verify of any assigned employee who haspreviously been verified as a newly hired employee under this MOU, or to authorize verificationof any existing employee by any Employer that is not a Federal contractor.

2. The Employer understands that if it is a Federal contractor, its compliance with this MOUis a performance requirement under the terms of the Federal contract or subcontract, and theEmployer consents to the release of information relating to compliance with its verificationresponsibilities under this MOU to contracting officers or other officials authorized to review theEmployer’s compliance with Federal contracting requirements.




ARTICLE III

REFERRAL OF INDIVIDUALS TO SSA AND DHS

A. REFERRAL TO SSA

1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer mustprint the tentative nonconfirmation notice as directed by the automated system and provide it tothe employee so that the employee may determine whether he or she will contest the tentativenonconfirmation.

2. The Employer will refer employees to SSA field offices only as directed by theautomated system based on a tentative nonconfirmation, and only after the Employer recordsthe case verification number, reviews the input to detect any transaction errors, and determinesthat the employee contests the tentative nonconfirmation. The Employer will transmit the SocialSecurity Number to SSA for verification again if this review indicates a need to do so. TheEmployer will determine whether the employee contests the tentative nonconfirmation as soonas possible after the Employer receives it.

3. If the employee contests an SSA tentative nonconfirmation, the Employer will providethe employee with a system-generated referral letter and instruct the employee to visit an SSAoffice within 8 Federal Government work days. SSA will electronically transmit the result of thereferral to the Employer within 10 Federal Government work days of the referral unless itdetermines that more than 10 days is necessary. The Employer agrees to check the E-Verifysystem regularly for case updates.

4. The Employer agrees not to ask the employee to obtain a printout from the SocialSecurity Number database (the Numident) or other written verification of the Social SecurityNumber from the SSA.

B. REFERRAL TO DHS

1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer mustprint the tentative nonconfirmation notice as directed by the automated system and provide it tothe employee so that the employee may determine whether he or she will contest the tentativenonconfirmation.

2. If the Employer finds a photo non-match for an employee who provides a document forwhich the automated system has transmitted a photo, the employer must print the photo non-match tentative nonconfirmation notice as directed by the automated system and provide it tothe employee so that the employee may determine whether he or she will contest the finding.

3. The Employer agrees to refer individuals to DHS only when the employee chooses tocontest a tentative nonconfirmation received from DHS automated verification process or whenthe Employer issues a tentative nonconfirmation based upon a photo non-match. The Employerwill determine whether the employee contests the tentative nonconfirmation as soon as possible




after the Employer receives it.

4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer willprovide the employee with a referral letter and instruct the employee to contact DHS through itstoll-free hotline (as found on the referral letter) within 8 Federal Government work days.

5. If the employee contests a tentative nonconfirmation based upon a photo non-match, theEmployer will provide the employee with a referral letter to DHS. DHS will electronically transmitthe result of the referral to the Employer within 10 Federal Government work days of the referralunless it determines that more than 10 days is necessary. The Employer agrees to check the E-Verify system regularly for case updates.

6. The Employer agrees that if an employee contests a tentative nonconfirmation basedupon a photo non-match, the Employer will send a copy of the employee’s Form I-551 or FormI-766 to DHS for review by:

Scanning and uploading the document, or Sending a photocopy of the document by an express mail account (furnished and paid

for by DHS).

7. The Employer understands that if it cannot determine whether there is a photomatch/non-match, the Employer is required to forward the employee’s documentation to DHS byscanning and uploading, or by sending the document as described in the preceding paragraph,and resolving the case as specified by the Immigration Services Verifier at DHS who willdetermine the photo match or non-match.

ARTICLE IV

SERVICE PROVISIONS

SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access the E-Verify System, an Employer will need a personal computer with Internet access.

ARTICLE V

PARTIES

A. This MOU is effective upon the signature of all parties, and shall continue in effect for aslong as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutualconsent of all parties, or terminated by any party upon 30 days prior written notice to the others.Any and all system enhancements to the E-Verify program by DHS or SSA, including but notlimited to the E-Verify checking against additional data sources and instituting new verificationprocedures, will be covered under this MOU and will not cause the need for a supplementalMOU that outlines these changes. DHS agrees to train employers on all changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify UserManual. Even without changes to E-Verify, DHS reserves the right to require employers to take




mandatory refresher tutorials. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such a circumstance, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, that Employer will remain a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees.

B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemednecessary because of the requirements of law or policy, or upon a determination by SSA orDHS that there has been a breach of system integrity or security by the Employer, or a failureon the part of the Employer to comply with established procedures or legal requirements. TheEmployer understands that if it is a Federal contractor, termination of this MOU by any party forany reason may negatively affect its performance of its contractual responsibilities.

C. Some or all SSA and DHS responsibilities under this MOU may be performed bycontractor(s), and SSA and DHS may adjust verification responsibilities between each other asthey may determine necessary. By separate agreement with DHS, SSA has agreed to performits responsibilities as described in this MOU.

D. Nothing in this MOU is intended, or should be construed, to create any right or benefit,substantive or procedural, enforceable at law by any third party against the United States, itsagencies, officers, or employees, or against the Employer, its agents, officers, or employees.

E. Each party shall be solely responsible for defending any claim or action against it arisingout of or related to E-Verify or this MOU, whether civil or criminal, and for any liabilitywherefrom, including (but not limited to) any dispute between the Employer and any otherperson or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken orallegedly taken by the Employer.

F. The Employer understands that the fact of its participation in E-Verify is not confidentialinformation and may be disclosed as authorized or required by law and DHS or SSA policy,including but not limited to, Congressional oversight, E-Verify publicity and media inquiries,determinations of compliance with Federal contractual requirements, and responses to inquiriesunder the Freedom of Information Act (FOIA).

G. The foregoing constitutes the full agreement on this subject between DHS and theEmployer.

H. The individuals whose signatures appear below represent that they are authorized toenter into this MOU on behalf of the Employer and DHS respectively.




To be accepted as a participant in E-Verify, you should only sign the Employer’s Section of the signature page. If you have any questions, contact E-Verify at 888-464-4218.

Employer Lexmark International Inc.

Paula M AndersonName (Please Type or Print)

Electronically Signed

Title

08/27/2009Signature Date

Department of Homeland Security – Verification Division

USCIS Verification DivisionName (Please Type or Print)

Electronically Signed

Title

08/27/2009Signature Date




Information Required for the E-Verify Program

Information relating to your Company:

Company Name: Lexmark International Inc.

Company Facility Address: 740 New Circle Road West

Lexington, KY 40550

Company Alternate Address:

County or Parish: FAYETTE

Employer Identification Number: 61308215

North American Industry Classification Systems

Code: 541

Parent Company: Lexmark International Inc.

Number of Employees: 2,500 to 4,999

Number of Sites Verified for: 1

Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State:

KENTUCKY 1 site(s)




Information relating to the Program Administrator(s) for your Company on policy questions or operational problems:

Name: Debbie ConnorsTelephone Number: (859) 232 - 3472 Fax Number: (859) 232 - 7001E-mail Address: [email protected]

Name: Marisa CaseyTelephone Number: (859) 232 - 7750 Fax Number: (859) 232 - 7001E-mail Address: [email protected]

Name: Paula M AndersonTelephone Number: (859) 232 - 5147 Fax Number: (859) 232 - 3860E-mail Address: [email protected]

Name: Ann WestTelephone Number: (859) 232 - 7537 Fax Number: (859) 232 - 7001E-mail Address: [email protected]

ALJP2016


Supplemental Agreements & Licensing (If Applicable) 1320

Insert any such agreements and include an explanation of the requirement. 1321

LEXMARK END USER LICENSE AGREEMENT

IMPORTANT: PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT (“LICENSE AGREEMENT”) CAREFULLY BEFORE INSTALLING OR USING THE ACCOMPANYING SOFTWARE AND ANY ACCOMPANYING USER DOCUMENTATION. THE SOFTWARE AND ANY USER DOCUMENTATION ARE COPYRIGHTED AND LICENSED (NOT SOLD). BY INSTALLING OR USING THE SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT IN CONJUNCTION WITH YOUR EMPLOYMENT ON BEHALF OF YOUR EMPLOYER, A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ENTITY TO THIS LICENSE AGREEMENT. IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR EMPLOYER, A COMPANY OR OTHER LEGAL ENTITY THAT WILL USE THE LICENSED SOFTWARE, DO NOT INSTALL THE LICENSED SOFTWARE OR ACCEPT AND AGREE TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT USE THE SOFTWARE, AND, IF YOU HAVE ALREADY INSTALLED THE SOFTWARE, PROMPTLY AND PERMANENTLY REMOVE IT FROM YOUR SYSTEM AND DESTROY ALL COPIES OF THE SOFTWARE AND USER DOCUMENTATION, RETURN TO LICENSOR ANY CDs AND OTHER MEDIA CONTAINING THE SOFTWARE AND THE USER DOCUMENTATION WITHIN A REASONABLE PERIOD OF TIME (NOT TO EXCEED THIRTY (30) DAYS), AND REQUEST A REFUND OF THE LICENSE FEES PAID BY YOU FOR THE LICENSES OF THE SOFTWARE. EXCEPT TO THE EXTENT THE SOFTWARE IS SUBJECT TO A SEPARATE WRITTEN SOFTWARE LICENSE AGREEMENT BETWEEN YOU AND LICENSOR, THIS LICENSE AGREEMENT WILL SUPERSEDE ANY AND ALL LICENSE AGREEMENTS GOVERNING ANY LICENSES OF THE SOFTWARE PREVIOUSLY GRANTED BY LICENSOR (AND ITS PREDECESSORS IN INTEREST) TO YOU.

FIRMWARE UPDATES

FIRMWARE UPDATES MAY MODIFY PRINTER SETTINGS AND CAUSE COUNTERFEIT AND/OR UNAUTHORIZED PRODUCTS, SUPPLIES, PARTS, MATERIALS (SUCH AS TONERS AND INKS), SOFTWARE, OR INTERFACES TO STOP WORKING. AUTHORIZED USE OF GENUINE LEXMARK PRODUCTS WILL NOT BE IMPACTED.

PLEASE READ THE FOLLOWING CAREFULLY AS THE TERMS OF THE LICENSES HAVE CHANGED.

PRINTER LICENSE

The patented printer is licensed for, and designed to work with only genuine toner and/or ink cartridges (and developer components, in the case of a laser printer) made by the manufacturer of this printer for the life of the patented printer. Under this patent license, you agree to: (1) use only genuine toner and/or ink cartridges made by the manufacturer of this printer with this licensed printer except as otherwise provided below, (2) if the patented printer is a laser printer, use only genuine developer components made by the manufacturer of this printer with this licensed laser printer except as otherwise provided below, and (3) pass this license/agreement to any subsequent user of this licensed printer. The patented toner and/or ink cartridges (and developer components in the case of a laser printer) inside are licensed subject to a restriction that they may be used only once. Following their initial use, you agree to return them only to us or the manufacturer for recycling. Please contact us for information regarding free empty toner cartridge returns. The genuine toner and/or ink cartridges are designed to stop working after delivering a fixed amount of toner and/or ink. A variable amount of toner and/or ink may remain in them when replacement is required. If you do not accept the terms of this single use license/agreement; return this product in its original packaging to your point of purchase. Replacement toner and/or ink cartridge(s) sold without these terms are available. Please contact us or your place of purchase for more information regarding the availability of these regular cartridges. Please be aware that a regular cartridge, that is cartridges not sold subject to this single use patent license, may be refilled by you, or a third party, as the only cartridge alternative to be used with the licensed printer.

CARTRIDGE LICENSE AGREEMENT – SINGLE USE

I agree that the patented print cartridge(s) shipped with the Lexmark printing device are sold subject to the following license/agreement: The patented print cartridge(s) provided with the Lexmark printing device is (are) licensed for a single use only and is (are) designed to stop working after the delivery of a fixed amount of toner/ink. A variable amount of toner/ink will remain in the cartridge when replacement is required. After this single use, the license/right to use the print cartridge terminates and the used cartridge must be returned only to Lexmark for remanufacturing, refilling or recycling. In addition, the cartridge is designed to automatically update the memory in your printer to protect against the introduction of counterfeit and/or unauthorized third-party cartridges. By installing the enclosed cartridge, you authorize Lexmark to make these changes. If you do not accept the terms of this single use license/agreement, return this product in its original packaging to your point of purchase. A replacement cartridge sold without these license terms is available at www.lexmark.com.

FUSER/IMAGING UNIT LICENSE - SINGLE USE: I agree that the patented fuser and/or imaging unit shipped with the Lexmark printing device are subject to the following license/agreement: The patented fuser and imaging unit are each sold at a special price subject to a patent restriction that each be used only once. Following the initial use, you agree to return the fuser and/or imaging unit only to the manufacturer for remanufacture and/or recycling. The fuser and imaging unit are designed to stop working once they reach their respective rated life (as established by the manufacturer). In addition, the fuser and imaging unit are designed to automatically update the memory in your printer to protect against the introduction of counterfeit and/or unauthorized third-party cartridges. By installing the

http://www.lexmark.com/

enclosed fuser and/or imaging unit, you authorize Lexmark to make these changes. If you do not accept these terms, return the unopened package to your point of purchase. Replacement fuser(s) and imaging unit(s) sold without these terms are available.

1. Software License Grant

(a) License Grant. Subject to the terms and conditions of this License Agreement, Lexmark International, Inc., LexmarkInternational Technology, S.A., or any related affiliate company of Lexmark International, Inc. or Lexmark International Technology, S.A. ("Licensor") hereby grants to you, and you accept, nonexclusive and nontransferable licenses to use the software provided to you by Licensor or its authorized distributor with this License Agreement, in the original, unmodified, machine-readable, object code form only, including, without limitation, any data structures created by such programs, and all upgrades, enhancements and new version releases of any of the foregoing that may be provided by Licensor to you from time to time (collectively referred to as the “Licensed Software”), and any accompanying User Documentation (the “User Documentation”), only as authorized in Section 2 of this License Agreement and for the purposes contemplated by any User Documentation and, if provided in a written agreement between you and Licensor or its authorized distributor which sets forth the license fees for and other terms and conditions applicable to the Licensed Software (the “Sales Order”), installed and used only on a computer or device located at the geographic site specified in the Sales Order (the Licensed Software and User Documentation, if any, are collectively referred to herein as the “Licensed Products”). Your licenses of the Licensed Products are perpetual; provided, however, such licenses may be limited as designated in the Sales Order, including, without limitation, as transaction, subscription or term licenses. Licensor retains the right to terminate the licenses for the Licensed Software, however, upon the terms provided in Section 12 below.

(b) Third Party Software. Notwithstanding the terms and conditions of this License Agreement, any portion of the LicensedSoftware that constitutes third party software, including software provided under a public license (“Third Party Software”), is licensed to you subject to the terms and conditions of the software license agreements accompanying such Third Party Software, whether in the form of a discrete agreement, shrink-wrap license, electronic license terms at the time of download or installation, or as set forth in the thirdpartylicenses.txt.file accompanying the Licensed Software and/or attached to this License Agreement. Use of the Third Party Software by you will be governed exclusively by the terms and conditions of such software license agreements.

2. Licensed Rights

(a) Server Licensing. If your Sales Order indicates that you acquired the server component of the Licensed Software, theserver component of the Licensed Software, including all data structures, data elements, and other data types, may be installed and used only on a single computer or device that you own, lease, or otherwise control (or in the event of the inoperability of a computer or device, on your backup computer or device only until such operability is restored), unless you purchase additional server licenses. In addition, the licensed server components of the Licensed Software may be used only with the licensed components of the Licensed Software.

(b) Per-seat/device Client Licensing. Unless your Sales Order specifies otherwise, you have acquired client seat/devicelicenses of the Licensed Software, and the client component of the Licensed Software may be installed and used only on computers or devices that you own, lease or otherwise control (or in the event of the inoperability of a computer or device, on your backup computer or device only until such operability is restored) equal to the number of client seat licenses of the Licensed Software that you have purchased. If the Licensed Software includes a server component, then the licensed client component of the Licensed Software may be used only with the licensed server component of the Licensed Software. You may not use the Licensed Software on any additional computers or devices or in a local area network (LAN) or other network, either in a multi-launch or remote sharing environment, without purchasing additional license rights.

(c) Concurrent Client Licensing. If your Sales Order indicates that you acquired concurrent client licenses of the LicensedSoftware, then you may install and use the client component of the Licensed Software on any computers or devices you own, lease or otherwise control (or in the event of the inoperability of a computer or device, on your backup computer or device only until such operability is restored). However, the number of concurrent client licenses of the Licensed Software that you operate at any time with the licensed server component of the Licensed Software will not exceed the number of concurrent seat licenses that you have purchased as identified in the Sales Order.

(d) Test Environment Licenses. If your Sales Order indicates that you acquired test environment licenses of the LicensedSoftware, then you may utilize such test environment licenses to test the Licensed Software, including upgrades, enhancements and new releases of the Licensed Software, in a test environment to analyze the operation of the Licensed Software prior to making changes in your production environment. You are prohibited from using test environment licenses in a live production environment for productive use or otherwise for use in excess of your licensed rights or in violation of the terms of this License Agreement. Your right to use such test environment licenses is conditional upon your cooperation with Licensor in creating a hardware fingerprint profile of the server facilities upon which you create such test environment or implementing such other measures as Licensor reasonably may require, and your continuing obligation to update and correct such hardware fingerprint profile or modify such measures as changes to the backup server or server cluster node hardware occur.

(e) Failover License. If your Sales Order indicates that you acquired failover licenses of the Licensed Software, then you mayinstall the server component of the Licensed Software on a back-up server or server cluster node (the “Failover Copy”) to ensure server or system failover of your Licensed Software environment in the event of the failure and non-availability for productive use of your Licensed Software environment (a “Failover Event”); provided that (i) you install the Licensed Software for server or system failover only on a backup server or server cluster node for system failover, (ii) the Failover Copy must remain dormant until the occurrence of a Failover Event, (iii) your use of the Failover copy must immediately cease upon the cessation of the Failover Event, and (iv) you may not use the

Failover Copy in excess of your licensed rights or in violation of the terms of this License Agreement. Your license and right to use the Licensed Software for system failover is conditioned upon your cooperation with Licensor in creating a hardware fingerprint profile of the backup server or server cluster node upon which you install the Failover Copy or implementing such other measures as Licensor reasonably may require, and your continuing obligation to update and correct such hardware fingerprint profile or modify such measures as changes to the backup server or cluster node hardware occur. Your license and right to install and maintain the Licensed Software for system failover will expire upon the first to occur of (x) your modification of your Licensed Software environment such that you no longer need a copy of the Licensed Software for a Failover Event, (y) Licensor’s modification of the Licensed Software to permit failover operation of the Licensed Software absent the need for a Failover Copy, or (z) the termination of this License Agreement.

(f) Transaction Licensing. If your Sales Order indicates that you acquired transaction licenses, then your rights to install anduse the transaction component(s) of the Licensed Software will be limited to the duration of any purchased transaction period and/or to the number of transactions that you have purchased as identified in the Sales Order (e.g. your use of the Licensed Software is limited to a designated number of transactions per day, month or year during the term of the license, or the term of the license is determined with reference to a designated number of transactions), and you will not execute any transactions in excess of that number of transactions. You may use the transaction component of the Licensed Software only with the licensed server component of the Licensed Software. You may not use the transaction component(s) of the Licensed Software on any additional computers or devices or in a LAN or other network, either in a multi-launch or remote sharing environment without purchasing additional licenses of the Licensed Software.

(g) Subscription or Term Licensing. If your Sales Order indicates that you acquired subscription or term licenses, then yourrights to install and use the Licensed Software will be limited to the subscription or term of the licenses as identified in the Sales Order, and will be subject to the terms and conditions of the Sales Order. Your rights will also depend upon your timely payment to Licensor of all subscription or license fees due for each subscription or term license. If you fail to timely pay your subscription or license fees, this failure will constitute a breach of a material term of this License Agreement and will permit Licensor to terminate your rights to the Licensed Software and this License Agreement. If Licensor hosts the central Licensed Software application environment and associated infrastructure for your use of the Licensed Software, you will be entitled to possession only of the licensed client component of the Licensed Software. This License Agreement and your limited license to use the Licensed Software will expire at the end of your subscription or license term, unless this License Agreement is (a) renewed or (b) terminated prior to the end of the subscription or license term.

(h) Agent Licensing. If your Sales Order indicates that you acquired agent components of the Licensed Software, then youmay install and use the agent components of the Licensed Software only with the licensed server component of the Licensed Software and on computers or devices you own, lease, or otherwise control (or in the event of the inoperability of a computer or device, on your backup computer or device only until such operability is restored) and will not exceed the number of agent licenses of the Licensed Software that you have purchased. You may not use the agent components of the Licensed Software on any additional computers or devices or in a LAN or other network, either in a multi-launch or remote sharing environment without purchasing additional licenses of the Licensed Software.

(i) Feature Licensing. If your Sales Order indicates that you acquired feature components of the Licensed Software, then youmay install and use the feature components of the Licensed Software only with the licensed server component of the Licensed Software and on computers or devices you own, lease, or otherwise control (or in the event of the inoperability of a computer or device, on your backup computer or device only until such operability is restored) and will not exceed the number of feature licenses of the Licensed Software that you have purchased. You may not use the feature components of the Licensed Software on any additional computers or devices or in a LAN or other network, either in a multi-launch or remote sharing environment without purchasing additional licenses of the Licensed Software.

(j) Overdraft. If your Sales Order indicates that you acquired the overdraft feature for use with the concurrent license modelof the Licensed Software, you will pay Licensor an annual fee for the overdraft capability in the amount provided in the Sales Order, provide quarterly reports to Licensor within thirty (30) days following the last day of each calendar quarter detailing the number of times the overdraft feature was used within such quarter, and pay to Licensor with such quarterly reports the overdraft fees associated with such license overdrafts in the amount provided in the Sales Order. If you fail to timely pay any overdraft fees to Licensor, Licensor will have the right to terminate this License Agreement.

(k) Restricted Use. If your Sales Order indicates that you acquired licenses of the Licensed Software subject to restrictions orlimitations upon your use of a portion of the functionality provided by such licenses, such restrictions or limitations as identified in the Sales Order, then you will neither use nor permit the use of any of the functionality of such Licensed Software subject of such restrictions or limitations. If you use any such restricted or limited functionality, then you will pay to Licensor the license fees and maintenance and support fees which you would have paid to Licensor had you purchased such restricted or limited functionality.

(l) Overage. If your Sales Order indicates that you acquired transaction licenses of the Licensed Software and Licensor permitsyour use of such transaction component(s) of such licenses in excess the number of transactions that you have purchased as identified in the Sales Order (e.g., a designated number of transactions), then you will pay to Licensor overage fees for such excess use in the amount provided in the Sales Order. If you fail to timely pay any overage fees to Licensor, Licensor will have the right to terminate this License Agreement.

(m) Evaluation License. If your Sales Order indicates that you acquired evaluation licenses of the Licensed Software, then youare prohibited from using the evaluation licenses in a live production environment for productive use or otherwise in excess of your licensed rights or in violation of the terms of this License Agreement or the Sales Order or other agreement setting forth the terms of use

of such evaluation licenses, and you accept such evaluation licenses without any representations, warranties or indemnification obligations by Licensor with respect to such evaluation licenses, including, without limitation, as provided in this License Agreement, all such representations, warranties and indemnification obligations which are hereby expressly disclaimed by Licensor. Your rights to install and use the Licensed Software subject to such evaluation licenses will be limited as specified in the Sales Order or other agreement granting such evaluation licenses, and will terminate on the date specified in such Sales Order or other agreement, and upon such termination you will immediately discontinue to use, remove from your system, and return to Licensor such Licensed Software and associated User Documentation as provided in Section 12(e) below.

(n) U.S. Government Entities. If you are a U.S. Government entity, then your use, duplication or disclosure of the LicensedSoftware and User Documentation is subject to the following restricted rights clause: The Licensed Software and User Documentation are “Commercial Items,” as that term is defined in 48 C.F.R. §2.101, consisting of “commercial computer Licensed Software” and “computer software documentation,” as such terms are used in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), respectively, and used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable, and all as amended from time to time. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 through 227.7202-4, and other relevant sections of the Code of Federal Regulations, as applicable, and all as amended from time to time, all U.S. Government entities license the Licensed Software and User Documentation (a) only as Commercial Items, and (b) with only the rights explicitly set forth in this License Agreement and the Sales Order.

3. Copy of Licensed Software. Upon installing the Licensed Software as permitted herein, you may retain any installers and executablesthat Licensor has made available to you, but you may use them only for backup purposes. You may make one copy of the LicensedSoftware in machine-readable form for the purpose of backup in the event the installers or executables are damaged or destroyed, and onecopy of the User Documentation for backup purposes only; provided, that any backup copy of the Licensed Software and UserDocumentation must include all copyright, trademark, and other proprietary notices contained on the original. You will account for andkeep a record of the copy of the Licensed Software or User Documentation you make, including where the copy is located and the name ofthe custodian of the copy. You must provide these records to Licensor upon Licensor’s request.

4. Replacement Licenses. If Licensor issues you replacement licenses of the Licensed Software pursuant to your transition of theLicensed Software to a new computer or device, then your use of the replacement Licensed Software will be subject to the terms of thisLicense Agreement, and promptly upon the completion of such transition you will immediately discontinue to use, remove from yoursystem, and return to Licensor such Licensed Software and associated User Documentation as provided in Section 12(e) below.

5. Restrictions

(a)License Restrictions. You will use the Licensed Software (i) only for your internal business purposes, only for your directbenefit, and not for the internal purposes of any third party nor for any timesharing, rental, Internet, or application service provider, commercial hosting services, or service bureau basis, and (ii) only to the extent it is licensed hereunder and provided you have paid all applicable license fees for the Licensed Software. You will not without Licensor’s prior written consent in each instance voluntarily or involuntarily in any form or manner assign, sublicense, transfer, pledge, lease, network, rent, loan or share the Licensed Products or any rights under this License Agreement to or with any other person or entity, including, without limitation, any assignment or transfer incident to your merger or consolidation with another entity, or any assignment or transfer by operation of law. Any such assignment, sublicense, transfer, pledge, lease, network, rental, loan or sharing absent Licensor’s prior written consent will be void and of no force or effect and will cause the immediate termination of this License Agreement. Furthermore, you will not publish, disclose or otherwise display in writing, electronically or otherwise any part of the Licensed Products without Licensor’s prior written consent in each such instance, any such publication, disclosure or display absent Licensor’s prior written consent which will cause the immediate termination of this License Agreement.

(b)Use Restrictions. You will use the Licensed Products only in their original form, and will not reverse engineer, decompile,disassemble, decrypt, re-engineer, reverse assemble, reverse compile or otherwise translate or create, attempt to create the source code of the Licensed Software or its structural framework (in whole or in part), or perform any process intended to determine the source code for the Licensed Software, or assist or otherwise facilitate others any of the foregoing. You will not modify, enhance or create derivative works based upon the Licensed Software (in whole or in part), including, without limitation, any derivative works based upon the database structures of the Licensed Software, or otherwise change the Licensed Software. You agree that any modification, enhancement, derivative work or other improvement to the Licensed Software and/or the User Documentation developed by Licensor, you, your employees or your independent contractors, whether with or without the consent, advice and/or support of Licensor, will be the exclusive property of Licensor and subject to and governed under the terms and conditions of this License Agreement, and you hereby assign to Licensor all such rights, title and interest therein.

6. Intellectual Property. You acknowledge and agree that: (i) all Licensed Products are licensed and not sold; (ii) by accepting the licensesset forth in this License Agreement, you acquire only the right to use the Licensed Products in accordance with the terms of this LicenseAgreement, and that Licensor, or its licensors, will retain all rights, title, interest, including all associated patent, copyright, trademark, tradedress, trade secret and other proprietary rights in and to the Licensed Products; and (iii) the Licensed Software, including the source andobject codes, logic and structure, constitute valuable trade secrets of Licensor. You agree to secure and protect the Licensed Products withthe same degree of care which you employ to protect your own intellectual property of a similar nature, but in no event less than areasonable standard of care. This Section will survive any termination of this License Agreement.

7. Licensor Warranty

(a) Performance Warranty. Licensor warrants (the “Performance Warranty”) to you for a period of ninety (90) days from thedate of your acceptance of this License Agreement (the “Performance Warranty Period”) that (i) the Licensed Software, under normal,

proper and intended usage, will operate substantially in accordance with functional specifications in any User Documentation, and (ii) that the Licensed Software does not contain any computer worms or viruses. To be eligible for a remedy under this Performance Warranty, at law or in equity, you must report all warranted problems to Licensor in writing within the Performance Warranty Period.

(b)Remedies. If during the Performance Warranty Period you notify Licensor in writing that the Licensed Software isnoncompliant with the Performance Warranty, and Licensor determines the Licensed Software is noncompliant with the Performance Warranty, then your exclusive remedy and Licensor’s sole obligation with respect to the noncompliant Licensed Software will be, at Licensor’s option and expense: (i) use reasonable efforts to provide a correction or a workaround for any reproducible errors or other noncompliance; (ii) replace the Licensed Software; or if the foregoing two (2) options are not commercially reasonably viable (iii) terminate this License Agreement and refund the unamortized license fees paid to Licensor for the noncompliant Licensed Software. Upon such termination you will immediately discontinue to use, remove from your system, and return to Licensor such Licensed Products as provided in Section 12(e) below. You agree to cooperate with Licensor in recreating the environment in which any noncompliance occurred and to supply any equipment and personnel Licensor reasonably deems necessary to diagnose and remedy such noncompliance. The warranty and remedies provided in this License Agreement do not apply to any Licensed Software to the extent that such Licensed Software: (i) has been modified, enhanced or altered in any way, except by Licensor or as authorized in advance in writing by Licensor; (ii) has not been installed, operated, repaired or maintained in accordance with any documentation provided by Licensor; (iii) has been subjected to misuse, negligence, or accident; (iv) has been subjected to external forces, such as power failures or electrical power surges; or (v) cannot reasonably reproduce the error reported by you.

(c)DISCLAIMERS. LICENSOR MAKES NO WARRANTY THAT THE LICENSED SOFTWARE WILL MEET YOURNEEDS, PERFORM ERROR-FREE OR UNINTERRUPTED, OR THAT LICENSOR WILL CORRECT ALL ERRORS THAT MAY EXIST WITHIN THE LICENSED SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED PRODUCTS ARE LICENSED “AS IS” AND LICENSOR EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY NON-INFRINGEMENT WARRANTY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ANY IMPLIED WARRANTIES THAT BY LAW CANNOT BE DISCLAIMED ARE LIMITED IN DURATION TO: (I) NINETY (90) DAYS FROM THE DATE OF YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT; OR (B) THE SHORTEST PERIOD PERMITTED BY LAW, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION OR LIMITATIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

8. Indemnification

(a)Licensor Indemnification. Licensor will hold harmless, indemnify and defend you and your officers, directors, agents andemployees (collectively, “Licensee Parties”) from and against any and all claims (including any and all liabilities, damages, losses, costs and expenses and reasonable attorneys’ fees arising therefrom) (“Claims”) to the extent arising out of any action or proceeding brought by a third party against any one or more of the Licensee Parties: (i) alleging that the Licensed Products infringe a copyright or patent, or misappropriate a trade secret of a third party in the venue in in which the Licensed Products are licensed under this License Agreement; or (ii) related to any act or omission by Licensor which is a breach by Licensor of any term of this License Agreement or of any of itsobligations under this License Agreement; provided, however, that Licensor will have no liability to you with respect to any Claim that isbased upon, arises out of, or would not have occurred but for (A) any modification of the Licensed Products by you or any third party, (B)your combination, operation, or use of the Licensed Software with any software, hardware, product or apparatus installed in yourapplication environment following the installation of the Licensed Software, (C) your use of any third party software other than inaccordance with the license agreement for such third party software, or (D) any act or omission by you which is a breach by you of any ofyour obligations under this Agreement. If Licensor reasonably believes that the Licensed Products infringe a copyright or patent, ormisappropriate a trade secret of a third party, then Licensor, within its sole and absolute discretion, may (i) acquire the right for you tocontinue to use the Licensed Products upon the terms of this License Agreement; (ii) modify the Licensed Products to avoid or correct theinfringement; (iii) replace the Licensed Software; or (iv) terminate this License Agreement and refund to you an equitable portion of thelicense fees paid to Licensor for the infringing Licensed Software. Upon such termination you will immediately discontinue to use, removefrom your system, and return to Licensor such Licensed Software and associated User Documentation as provided in Section 12(e) below.

(b) Licensee Indemnification. You will hold harmless, indemnify and defend Licensor, its affiliates and their respectiveofficers, directors, agents and employees (collectively, “Licensor Parties”) from and against any and all Claims to the extent arising out of any action or proceeding brought by a third party against any one or more of the Licensor Parties related to any act or omission by you which is a breach by you of any term of this License Agreement or of any of your obligations under this License Agreement.

(c) Exclusive Remedy. This Section 8 sets forth your exclusive remedy with respect to any action or claim for an allegedviolation of the intellectual property rights or other rights of third parties with respect to the Licensed Products. Licensor will have no liability to indemnify you under this Section 8 if you are in breach of any of your obligations under this License Agreement.

(d) Conditions to Indemnification. Licensor’s and your indemnification obligations as provided above are conditioned uponthe party seeking indemnification: (i) giving prompt written notice to the other party of any claim, demand, or action for which indemnity is sought; (ii) fully cooperating in the defense or settlement of any such claim, demand or action; and (iii) giving the indemnifying party sole control of the defense, investigation, and/or settlement of the claim, demand or action for which indemnification is sought, including, without limitation, the employment and engagement of attorneys of its choice to handle and defend the same. In no event, however, will the indemnifying party admit liability on behalf of the indemnified party without the prior written consent of such indemnified party, such

consent which will not be unreasonably withheld, conditioned or delayed. Subject to the foregoing, however, the indemnified party, at its own expense, may participate, through its attorneys or otherwise, in the investigation, trial and defense of any such claim, demand or action and any appeal therefrom.

9. Licensee Warranties, Covenants and Agreements (Medical or Professional Services). If you use the Licensed Software inconjunction with rendering medical or other professional services, then you represent, warrant, covenant and otherwise acknowledge andagree that:

(a) Professional Liability Insurance. You will obtain and maintain policies of insurance to provide reasonable and customarylevels of professional liability coverage and general liability coverage for yourself and for any medical services practices associated with you for the period that this License Agreement is in effect. You will ensure that all users of the Licensed Software and their employers are additional insureds under each such policy or that they are insured under policies of equal or better coverage.

(b) Legal Requirements. You will be responsible for and will comply with all applicable legal and regulatory requirementsassociated with the use of the Licensed Software in rendering medical or other professional services, including, without limitation, any professional licensing requirements arising out of the transfer of any data over state or other jurisdictional lines and ensuring the use of such data solely by properly licensed professionals in each jurisdiction to which such data may be transferred.

(c) Disclaimers. You acknowledge that: (i) the Licensed Software does not offer medical interpretations of data, diagnosepatients, or recommend therapy, the Licensed Software is designed solely as an information resource to be used by healthcare professionals using their sole judgment in the provision of medical services, and you are solely responsible for determining the applicability and confirming the accuracy of all data generated by the Software; (ii) Licensor has no control of or responsibility for your use of the Licensed Software or the data managed, processed, stored or otherwise handled by the Licensed Software, and Licensor has no knowledge of the specific or unique circumstances under which the Licensed Software or such data may be used by you; and (iii) neither Licensor nor its affiliates or their respective officers, directors, agents and employees assume any responsibility for any aspect of the medical or other professional services provided in conjunction with your use of the Licensed Software or the data managed, processed, stored or otherwise handled by the Licensed Software, or your regulatory compliance or professional service obligations.

10. Limitation of Liability. To the maximum extent permitted by law, in no event will either party be liable to the other party for loss ofprofits or other economic loss, special, consequential, exemplary, or incidental damages (including without limitation any loss of business,profits, revenue, goodwill, use, or data), even if such party has been apprised of the likelihood of such damages occurring. Theselimitations apply to all causes of action in the aggregate, including without limitation causes of action arising out of termination of thisLICENSE agreement, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, product liability and any othertorts. Unless prohibited by law, the maximum aggregate cumulative amount for which either party may be liable under this agreement willbe limited to the amounts actually paid or payable by YOU to LICENSOR for the affected LICENSED Product(s) under this LICENSEagreement during the eighteen (18) months preceding a Claim. This section will not apply, however, to a party’s infliction of bodily injury(including death) or breach of confidentiality.

11. Trademarks. You recognize, as between you and Licensor, Licensor’s ownership in and title to all trademarks and/or service marksowned by Licensor and set forth in the Licensed Products, including any and all common law and registered rights throughout the world(hereinafter the “Trademarks”). No right, license or interest in or to any of the Trademarks is granted hereunder, and you agree that youwill assert no such right, license or interest with respect to such Trademarks. Furthermore, you will not contest the validity of any of theTrademarks, claim adversely to Licensor any right, title or interest in and to the Trademarks and will not use, register, apply to register oraid a third party in registering the Trademarks during the term of this License Agreement or any time thereafter. If Licensor considers itadvisable to record you as a licensee of the Trademarks, you agree to cooperate in such procedure and to execute any documents submittedto you for this purpose.

12. Term and Termination

(a) Term. The term of this License Agreement will commence as of the date of your acceptance of this License Agreement, andwill continue until the termination or expiration of the term of all of the licenses of the Licensed Software, unless earlier terminated at the end of any timeframe specified in a Sales Order or as provided below.

(b) Termination by Customer. You may terminate this License Agreement effective thirty (30) days after written notice toLicensor in the event that Licensor breaches any material provision of this License Agreement and has not cured such breach within such thirty (30) day period, or such longer period as reasonably necessary to cure such breach.

(c) Termination by Licensor. Licensor may terminate this License Agreement: (i) at any time upon written notice if you breachany provision of Sections 2, 3, 4 or 5 of this License Agreement; or (ii) effective thirty (30) days after written notice to you in the event that you breach any other material provision of this License Agreement and you do not cure such breach within such thirty (30) day period, or such longer period as reasonably necessary to cure such breach.

(d) Termination by Either Party. Either party may terminate this License Agreement if: (i) any distress or execution is leviedon any of the other party’s property or assets; (ii) the other party makes or offers to make any arrangement or composition with creditors; (iii) any resolution or petition to wind up the other party’s business is passed or presented or if a receiver or administrative receiver of suchparty’s undertaking, property or assets is appointed or a petition presented for the appointment of an administrator or, if an individual,such party has a bankruptcy order made against him or her; or (iv) the other party is subject to any proceedings, which are equivalent orsubstantially similar to any of the proceedings under sub-clause (i), (ii) or (iii) under any applicable jurisdiction.

(e) Rights and Obligations upon Termination or Expiration. Upon termination of this License Agreement, all rightsgranted to you hereunder will immediately cease and you will: (i) immediately discontinue all use of the Licensed Products; (ii) within fifteen (15) days return to Licensor all copies and modifications of the Licensed Products, including any extracts therefrom (with the exception ofyour meta data and associated objects); (iii) permanently remove from your system and all storage devices and media all copies of theLicensed Products or any portion thereof; and (iv) give Licensor a written certification signed by an authorized officer that you havecomplied with all of your obligations under this Section. Termination of this License Agreement for any reason will not excuse yourobligation to pay in full any and all amounts due to Licensor, nor will termination by Licensor result in a refund of any fees paid by you toLicensor.

(f) Continuing Obligations. The terms and conditions in this License Agreement that by their nature and context are intendedto survive any termination of this License Agreement, including, without limitation, Sections 6 (Intellectual Property), 8 (Indemnification), 10 (Limitation of Liability), 11 (Trademarks), 12 (Term and Termination) and 14 (Miscellaneous), will survive such termination of this License Agreement for any reason and will be fully enforceable thereafter. Termination of this License Agreement will not otherwise affect the party exercising such rights, remedies and protections hereunder.

13. Audit. Licensor, upon thirty (30) days written notice to you and not more than once during each calendar year during the term of thisLicense Agreement and once during the one (1) year period following the termination of this License Agreement, may enter upon yourpremises during your regular business hours to audit your use of the Licensed Software. You agree to cooperate with Licensor’s audit andprovide reasonable assistance and access to your systems and information. If pursuant to any such audit, Licensor discovers any excess orunlicensed use of the Licensed Software, you agree to pay within thirty (30) days of written notification an amount equal to the sum of (i)the license fees and maintenance and support fees which Licensor would have received if your excess or unlicensed use of the LicensedSoftware had been licensed; (ii) interest on such fees from the date such additional fees should have been paid at the rate of twelve percent(12%) per annum, or the maximum interest rate permitted by law, whichever is lower; and (iii) if your excess or unlicensed use of theLicensed Software exceeds 105% of the licensed use of the Licensed Software, all costs and expenses incurred by Licensor in conductingsuch audit. If you fail to pay such amounts within thirty (30) days of being invoiced for such amounts, Licensor may terminate yourlicenses of the Licensed Software and any maintenance and support of the Licensed Software. You will be responsible for any of yourcosts incurred in cooperating with any such audit.

14. Miscellaneous

(a) Notices. Any notices, demands or other communications required or permitted under this License Agreement will be inwriting and will be deemed effectively delivered to the party: (i) by email using a method that positively establishes receipt of the email by the recipient; (ii) by personal, same or next day delivery; or (iii) by commercial overnight courier with written verification of delivery; in each case addressed to the party for whom it is intended at the address for such party as last provided to the other. All notices so given will be deemed given upon the earlier of receipt or three (3) days after dispatch.

(b) Governing Law. This License Agreement will be construed and governed in accordance with the laws of theCommonwealth of Kentucky, without regard to any rules of conflicts or choice of law provisions that would require the application of the laws of any other jurisdiction. The parties hereto hereby submit to the exclusive jurisdiction and venue of the courts located in the county of Fayette, Commonwealth of Kentucky for any action or legal proceeding related to or arising under this License Agreement and waive any objections based on forum non conveniens; provided, however, that if for any reason the courts of such domicile do not have jurisdiction over the matter or a party, then Licensor may elect to commence any such action or proceeding in any court having jurisdiction over you. The foregoing notwithstanding, however, if you acquired the Licensed Software in a country which is a member of the European Union, the laws of that country will govern the interpretation of this License Agreement and any claims arising hereunder, regardless of choice of laws principles of any other jurisdiction. In each case, this License Agreement will be construed and enforced without regard to the United Nations Convention on the International Sale of Goods or the Uniform Computer Information Transactions Act.

(c) Attorneys’ Fees. In any action to interpret or enforce this License Agreement, the prevailing party will be awarded all courtcosts and reasonable attorneys’ fees and costs and expenses of investigation incurred.

(d) Severability. The provisions of this License Agreement are severable and if any one or more such provisions is determinedto be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions or portions thereof will not be affected or impaired thereby and will nevertheless be binding between the parties. In the event any provision of this License Agreement is found to be invalid, illegal, or unenforceable, the parties will endeavor to modify that provision in a manner that gives effect to the intent of the parties in entering into the License Agreement.

(e) Waiver or Delay. No failure to exercise or delay by a party in exercising any right, power, or remedy under this LicenseAgreement operates as a waiver of such right, power, or remedy. A single or partial exercise of any right, power, or remedy does not preclude any other or further exercise of that or any other right, power, or remedy. A waiver is not valid or binding on the party granting the waiver unless made in writing.

(f) Export Laws. The Licensed Products are subject to United States export control jurisdiction, and may not be shipped,transferred, re-exported to any country or recipient, or used for any purpose prohibited by any applicable international and national laws that apply to the Licensed Products, including the U.S. Export Administration Regulations as well as end-user, end-use, and destination restrictions issued by the United States and other governments. You will not export or re-export Licensed Products without first obtaining the appropriate U.S. or foreign government export licenses.

(g) Entire Agreement. This License Agreement constitutes the entire understanding and agreement between the parties withrespect to the subject matter of this License Agreement and supersedes all previous agreements and communications between the parties concerning such subject matter. No modifications may be made to this License Agreement except in writing, signed by both parties.

(h) Benefit of Agreement. This License Agreement will bind and inure to the benefit of the parties and their respectivepermitted successors and assigns.

(i) Cumulative Remedies. Except as otherwise provided in this License Agreement, all remedies of the parties hereunder arenon-exclusive and are in addition to all other available legal and equitable remedies.

(j)Force Majeure. Neither party will be liable or deemed to be in default for any delay or failure in performance under thisLicense Agreement (except for payment obligations) resulting, directly or indirectly, from acts of God, civil or military authority, acts of the public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes or any causes beyond its reasonable control; provided that the party failing to perform in any such event will promptly resume or remedy, as the case may be, the performance of its obligations hereunder as soon as practicable.

(k) Construction of Agreement. Each party acknowledges that it has had the opportunity to review this License Agreementwith legal counsel of its choice and agrees that in the event that this License Agreement or any other documents delivered in connection with the transactions contemplated by this License Agreement contain any ambiguity, such ambiguity will not be construed or interpreted against the drafting party. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this License Agreement, which will be considered as a whole.

(l)Choice of Language. The original of this Agreement has been written in English, which will be the controlling language in allrespects. Any translations into any other language are for reference only and will have no legal or other effect.

(m)Personal Data; Consent to Process and Transfer. You agree to comply with all applicable laws and regulations including,but not limited to, laws pertaining to the collection and use of personal data. You agree that Licensor, its affiliates, and agents may collect and use information (including any personal data) you provide in relation to (i) any support services performed in connection with the Licensed Software and requested by you or (ii) enabling any functionality of the Licensed Software. Licensor agrees not to use this information in a form that personally identifies you, except to the extent necessary to provide such services or enable the functionality of the Licensed Software. You agree that Licensor may transfer your information to the United States or other countries for use in accordance with this Section.

15. ADDITIONAL LICENSE TERMS FOR ORACLE AMERICA, INC. SOFTWARE

In addition to the foregoing, with respect to any Oracle America, Inc. ("Oracle") software licensed hereunder, the following terms apply:

(a) Java Technology Restrictions. You shall not create, modify, change the behavior of, or authorize your licensees tocreate, modify, or change the behavior of, classes, interfaces, or sub-packages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Oracle in any naming convention designation. In the event that you create an additional API(s) which: (a) extends the functionality of a Java Environment; and (b) is exposed to third party software developers for the purpose of developingadditional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for freeuse by all developers.

(b) TRADEMARKS AND LOGOS. This License does not authorize an end user licensee to use any Oracle America, Inc.name, trademark, service mark, logo or icon. The end user licensee acknowledges that Oracle owns the Java trademark and all Java-related trademarks, logos and icons including the Coffee Cup and Duke ("Java Marks") and agrees to: (a) comply with the Java Trademark Guidelines at http://www.oracle.com/html/3party.html; (b) not do anything harmful to or inconsistent with Oracle's rights in the Java Marks; and (c) assist Oracle in protecting those rights, including assigning to Oracle any rights acquired by Licensor in any Java Mark.

(c) Source Code. Software may contain source code that, unless expressly licensed for other purposes, is provided solely forreference purposes pursuant to the terms of your license. Source code may not be redistributed unless expressly provided for in the terms of your license.

(d) Third Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth inthe THIRDPARTYLICENSEREADME.txt file.

(e) Commercial Features. Use of the Commercial Features for any commercial or production purpose requires a separatelicense from Oracle. "Commercial Features" means those features identified in Table 1-1 (Commercial Features In Java SE Product Editions) of the Software documentation accessible at "http://www.oracle.com/technetwork/java/javase/documentation/index.html".

EU5-0092

SAMPLE MASTER SERVICE AND LEASE AGREEMENT

1 CONFIDENTIAL

THIS AGREEMENT (the "Agreement") is made and entered into on _________, 2016 (the “Effective Date”) by and between __________, having offices at ______________________ (hereinafter referred to as “Customer”) and Lexmark International Inc. (“Lexmark”) having offices at 740 West New Circle Road, Lexington, KY, each also referred to individually as “Party” or collectively as “Parties”.

1. SCOPE OF WORK/DEFINITIONS - Lexmark will provide certain business services and Consumables (collectively, the “Services”) and lease Output Devices to Customer, all as described in the Statement(s) of Work attached hereto. Lexmark will begin to provide the Services on the Commencement Date specified in theapplicable Statement of Work. Output Devices will be installed at the times and in accordance with the terms specified in the applicable Statement of Work.Unless otherwise defined in this Agreement, all capitalized terms shall have the meaning set forth in the applicable Statement of Work.

2.TERM AND RENEWAL - The term of this Agreement will commence on the Effective Date and will continue in effect through and including the last date of theapplicable term of the last Statement of Work in effect hereunder. The obligations and rights of Lexmark and the Customer relating to the lease of an Output Deviceinstalled under this Agreement and the provision of the Services related to that Output Device will commence on the date the Customer accepts that Output Device inaccordance with the terms of this Agreement and will continue in effect for a period of ______ months (with respect to each Output Device, the “Initial Term”).

At the end of the Initial Term for a Statement of Work and at the end of the first Renewal Term (as defined below) related thereto, Customer shall have the option, exercisable by written notice to Lexmark at least ninety (90) days prior to the expiration of the applicable Initial Term or the first Renewal Term, to renew the term of the applicable Statement of Work, including the lease of all, but not less than all, of the Output Devices subject to such Statement of Work, for an additional twenty-four (24) consecutive months (the "Renewal Term"). The lease for the applicable Output Devices will remain as set forth in the applicable Statement of Work. The termsand conditions under which Services will be provided during each Renewal Term, and Lexmark’ fees for such Services shall be as agreed upon in writing by Lexmarkand the Customer prior to the expiration of the Initial Term or the first Renewal Term, whichever is applicable. Customer's right to exercise a renewal option for aparticular Statement of Work shall be subject to satisfaction of the conditions precedent that (i) no event of default by Customer under this Agreement shall haveoccurred and be continuing on the last day of the Initial Term or the Renewal Term, whichever is applicable and (ii) all amounts due from Customer to Lexmark under this Agreement shall have been paid in full. All other terms and conditions of this Agreement and the applicable Statement of Work shall remain in effect during eachRenewal Term.Upon expiration or termination of the Initial Term or Renewal Term, as applicable, Customer will return all applicable Output Devices leased hereunder to Lexmark in good working condition.

Customer acknowledges and agrees that its obligations hereunder with respect to Output Devices leased hereunder are absolute, unconditional and non-cancelable. THE PARTIES INTEND THAT EACH LEASE OF OUTPUT DEVICES COMMENCING HEREUNDER WILL BE A “FINANCE LEASE” UNDER ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE (“UCC”). Customer hereby agrees to waive all rights and remedies conferred upon a lessee by Article 2A of the UCC.To the extent that any lease created hereunder is deemed a secured transaction, Customer grants to Lexmark a security interest in the applicable Output Device to secure all of Customer’s obligations hereunder relating to the Output Devices.

3. INSURANCE - Lexmark shall provide and keep in full force and effect during the term of this Agreement at least the following kinds and minimum amounts ofinsurance covering the Services in the area in which the work is to be performed:

a. Worker’s Compensation Insurance as required by law.

b. Employer’s Liability Insurance with a limit of not less than $100,000.

c. Commercial General Liability Insurance with a limit of not less than $1,000,000 per occurrence and $2,000,000 aggregate limit, including contractualliability, bodily injury or property damage.

Customer shall provide and keep in full force and effect during the term of this Agreement at least the following kinds and minimum amounts of insurance covering Output Devices, products and services in the areas in which the work is to be performed:

Commercial General Liability Insurance with a limit of not less than $1,000,000 per occurrence and $2,000,000 aggregate limit, including contractual liability, bodily injury or property damage.

All Risk Property insurance covering loss or damage to any Output Devices pursuant to this Agreement at its full replacement value. Such policy shall name Lexmark and its successors and assigns as loss payee. Customer shall be responsible for any deductibles or any self-insured retentions under such policy.

Such insurance shall be provided by an insurance carrier rated A- or better by A.M. Best Company with not less than fifteen (15) days’ prior written notice of cancellation, non-renewal or amendment, and must provide deductible amounts reasonably acceptable to Lexmark.

If any item of Output Device(s) is lost, stolen or damaged, Customer will, at its option and cost, either (a) promptly repair the item or replace the item with a comparable item reasonably acceptable to Lexmark and its assignee or (b) pay to Lexmark or its assignee the sum of (i) all leases due or to become due under the applicable Term, plus (ii) all other costs and expenses due to Lexmark hereunder relating to the applicable Output Device(s) including, without limitation, all personal property taxes and attorney’s fees and costs, if any. Insurance proceeds will be applied toward the repair, replacement or payment hereunder, as applicable. Lexmark and Customer agree to name the other and its successors and assigns as additional insured on the Commercial General Liability insurance and to provide to one another a certificate evidencing such insurance required hereunder. Such certificate shall be provided at the commencement of this Agreement, upon any changes in such insurance (including carriers), and prior to renewal of all such policies for so long as this Agreement or any Term remains in effect.

4. FEES/INVOICING/PAYMENT - Customer will pay Lexmark for Services and the Output Device(s) in accordance with the fees, leases and pricing set forth in the applicable Statement of Work. The fees and pricing for Services may be increased annually by the amount of increase in the cost of living index for the previous year.Customer agrees that restrictive endorsements on any check sent to Lexmark will not reduce in any respect Customer’s obligations hereunder.Customer shall be billed on a monthly basis for Services and Output Device(s) provided in accordance with the applicable Statement of Work. The Lexmark invoice will provide summary information including, but not limited to, base charges and print charges. Fixed, minimum and base charges where applicable will be billed at thebeginning of the current month. Variable and overage charges where applicable will be billed in arrears in the month following the month in which Services areprovided. Customer agrees and acknowledges that Lexmark may provide multiple invoices to Customer outlining distinct charges owing during any applicable billingperiod. All taxes including sales, use and property taxes will be billed as separate items on the invoice. Customer is responsible for all property taxes on the OutputDevices, regardless of whether Customer owns the Output Devices or not.


2 CONFIDENTIAL

The fees and charges invoiced will be based on the Customer furnishing Lexmark with electronic information and/or schedules of Meter Read information for each Output Device by dates reasonably specified by Lexmark. Reasonable estimates of Actual Volumes, based on minimum monthly volumes or greater volumes based on previous usage, expected usage and other factors may be used by Lexmark as a basis for billing the Customer if these readings are not available to Lexmark. Lexmark’ failure to include any appropriate charges timely on an invoice to the Customer shall not prejudice Lexmark’ ability to later invoice the Customer for such charges.

Customer will pay all invoices within thirty (30) days of the invoice date. In the event Customer fails to pay any invoice when due, Customer shall pay a monthly late charge equal to two percent (2%) of the overdue amount, or if less, the maximum amount allowed by law. The imposition of any such late charge shall not preclude the exercise by Lexmark of any other right or remedy it may have. Each payment received from Customer may first be applied, at Lexmark’ discretion, to the oldest amount due according to the terms of this Agreement. In the event Customer fails to pay invoices in accordance with the terms of an Agreement, Lexmark at its sole and exclusive discretion, may stop all work in progress and place Customer on Credit Hold until such time that Customer brings its account up to date.

Customer is responsible for all payments, whether they are for leases, service agreements, Maintenance Service, equipment, Consumables, help desk support, and other products, services and expenses to vendors, including Lexmark, for such products and services received and/or rendered prior to the Commencement Date of this Agreement.

Customer may move any of the Output Device(s) to another Customer location within the continental United States if Customer notifies Lexmark in writing of the move, including identifying the specific Output Device(s) moved and the street address for the new location, within five (5) business days of the date of the move. With respect to any authorized move, removal or re-installation, whether as a consequence of default or otherwise, Customer is responsible for all costs associated with such movement, removal and reinstallation of all Output Devices or other products. Customer agrees not to transfer, sell, lease, or encumber, in any manner, any of the Output Device(s) or any other products or any rights of Customer under this Agreement.

Customer agrees that any and all damage to or loss of any Output Device(s) or any component(s) thereof shall be the sole responsibility of the Customer except where such damage or loss is due to the intentional misconduct of Lexmark personnel. Customer agrees to be responsible for all service costs (including costs of repair and spare parts) associated with any damage to any Output Device(s) except for damage to any Output Device(s) caused by the intentional misconduct of Lexmark personnel.

For Output Device(s) owned by Lexmark or any of its agents or its assignees, Lexmark may enter the Customer’s premises (including rented or leased premises) and repossess such Output Device(s) if the Customer fails to fulfill its obligations related to payment of fees and charges timely and/or its obligations upon termination pursuant to Section 11of this Agreement. Customer agrees to reimburse Lexmark for all reasonable attorneys’ fees and out-of-pocket expenses incurred by Lexmark, its agent or assignees to repossess any Output Device(s) and to enforce the terms of this Agreement with Customer.

Customer authorizes Lexmark or its assignee to file, and/or act as its attorney-in-fact for the purposes of executing UCC financing statements (including amendments thereto and continuations thereof) describing or relating to the Output Device(s) that are a part of this Agreement or any schedule relating thereto. Customer agrees, upon the request of Lexmark or its assignee, to execute or otherwise authenticate any document or instrument necessary for filing, recording or perfecting the interest of Lexmark or its assignee in the Output Device(s).

5. INDEPENDENT CONTRACTOR–Lexmark’ relationship to Customer with respect to the Services shall be that of an independent contractor. Personnel suppliedby Lexmark will be deemed employees of Lexmark and will not for any purpose be considered employees or agents of Customer. Lexmark will be solely responsiblefor the supervision; daily direction and control of its employees while such employees are performing Services under this Agreement.

6. INTELLECTUAL PROPERTY- Neither party will make any use of or reference to the trademarks of the other party hereto without the prior written consent of such party. Provided however, Customer authorizes Lexmark to publish on its website, in its proposals or in its marketing materials, Customer's name, Trademark(s),logo, and/or factual descriptions of Customer's use of Lexmark hardware, software and services. Lexmark and Customer agree to work cooperatively and to seekapproval from Customer's nominated, authorized delegate for the purposes of issuing news releases or other public communication in which reference is made toCustomer by Lexmark.

7.INDEMNIFICATION - Lexmark will indemnify and hold Customer harmless, except to the extent set forth herein under “Limitation of Liability” or due to thenegligence or intentional misconduct of Customer, from any and all third party claims, losses, expenses, damages, demands, fines, penalties, liabilities, and costs(including, but not limited to, reasonable attorneys’ fees) finally awarded by a court, that arise out of or result from personal injury (including death) and/or tangibleproperty damage either of which arises from the negligent or intentional acts of Lexmark. If, however, there is joint or concurrent negligence or willful misconduct onthe part of Customer, Customer will share the responsibility in proportion to Customer’s share of such negligence or willful misconduct.

Customer will indemnify and hold Lexmark and its assignees harmless, except to the extent set forth herein under “Limitation of Liability” or due to the intentional misconduct of Lexmark, from any and all third party claims, losses, expenses, damages, demands, fines, penalties, liabilities, and costs (including, but not limited to, reasonable attorneys’ fees) that arise out of or result from the failure by Customer to perform its obligations under this Agreement. If, however, there is joint or concurrent willful misconduct on the part of Lexmark, Lexmark will share the responsibility in proportion to Lexmark’ share of such negligence or willful misconduct.

8. LIMITATION OF LIABILITY - Neither party hereto shall be liable, by indemnity or otherwise under this Agreement to the other party for any indirect,incidental, consequential, special or punitive damages, including the loss of business opportunities and/or lost profits, however caused, whether as a consequence of the termination or breach of the Agreement (except as specifically set forth in Section 11of this Agreement), the negligence of the one party, or otherwise. Notwithstanding the foregoing, in no event will the amounts due or to become due with respect to any Output Device(s) and Services on the Output Devices be deemed indirect,incidental, consequential, special or punitive damages.

Lexmark’ liability for any matters relating to or arising out of this Agreement shall not exceed individually or in the aggregate the total purchase price of Lexmark products purchased by Customer in relation to this Agreement in the twelve (12) months preceding the date the first cause of action accrues provided, however, that nothing in this Agreement shall restrict or exclude Lexmark’ liability arising out of (a) death or personal injury caused by its negligence or the negligence of its employees or subcontractors, or (b) any other liability which may not be lawfully excluded or limited.


3 CONFIDENTIAL

9. COMPLIANCE WITH LAWS - In the performance of Services hereunder, Customer and Lexmark will comply with all applicable laws, regulations andordinances.

10. NOTICES - Except as expressly provided otherwise herein, all notices, statements, requests and demands given to or made upon any party hereto in accordancewith the provisions of this Agreement shall be in writing and shall be deemed to have been given or made when delivered by hand or by facsimile (with the hard copysent by registered or certified mail, return receipt requested, or by Federal Express or similar overnight courier), or when deposited in the mail, postage pre-paid, registered or certified mail, return receipt requested or when sent by Federal Express or similar overnight courier, in each case addressed as below:

If to Lexmark: Lexmark International Inc., 740 West New Circle Road, Lexington, Kentucky40550. Attention: Vice President & General Manager Facsimile number: (859)-367-6427

If to Customer:

11. TERMINATION AND CANCELLATION - If either party breaches any of its material obligations under this Agreement and fails to correct such breach withinninety (90) days (twenty (20) days with respect to Customer default for Customer non-payment of amounts due hereunder) after receiving written notice of the breachfrom the other party, such other party may terminate this Agreement by notifying the breaching party in writing of the date, not sooner than thirty (30) working daysafter the ninety (90) day cure period ends (twenty (20) day cure period with respect to Customer non-payment of amounts due hereunder). Either party mayimmediately terminate this Agreement by notice in writing if the other party:

(a) makes an assignment for the benefit of creditors;

(b) Shall become unable, admit in writing or fail generally to pay its debts as they become due;

(c) (i) liquidate, dissolve or suspend business (ii) sell, transfer or dispose of a majority of its assets; or (iii) enter into any merger, consolidation orreorganization unless it is the surviving corporation.

If a proceeding is commenced under any provision of the United States Bankruptcy Code, voluntary or involuntary, by or against either party, and this Agreement has not been terminated, the non-debtor party may file a request with the bankruptcy court to have the court set a date within sixty (60) days after the commencement of the case, by which the debtor party will assume or reject this Agreement, and the debtor party shall cooperate and take whatever steps necessary to assume or reject the Agreement by such date.

Pursuant to Section 2 herein, Customers obligation with respect to Output Devices leased hereunder are absolute, unconditional and non-cancelable. In the event this Agreement or a Statement of Work is cancelled or terminated for any reason prior to the end of the Initial Term or any Renewal Term of this Agreement or a Statement of Work, Customer shall pay to Lexmark on the termination date as liquidated damages for loss of a bargain and not as penalty: (a) any and all amounts due and outstanding to Lexmark, including but not limited to all taxes, attorney fees, expenses and all other amounts for which Lexmark is entitled to reimbursement hereunder, and (b) the remaining monthly payments for the remainder of the Initial Term or Renewal Term, whichever is applicable.

12. GENERAL - No failure on the part of any of the parties hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, norshall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. Any waiver, permit, consent or approval of any kind or character on the part of any of the parties hereto of any breach or default under this Agreement must be in writing and shall be effective only tothe extent specifically set forth in such writing.

Customer represents that it has the authority to enter into this Agreement and that by doing so Customer will not violate any law or agreement. Customer represents that this Agreement is signed by an authorized officer or agent of Customer. Upon request, Customer shall provide a Certified Resolution or Secretary Certificate authorizing the undersigned to enter into and sign this Agreement or subsequent amendments as may be required.

Customer represents that all financial information provided to Lexmark is a true and reasonable representation of its financial condition. Customer authorizes Lexmark and the assignee to: (a) obtain credit reports and make credit inquiries and (b) furnish payment history to credit reporting agencies. All orders are subject to credit approval.

Any part of this Agreement that could be, but for this Section, read under any circumstance to allow for a charge higher that allowable under applicable law, is limited and modified by this Section to limit such amounts to the applicable legal limit.

In the event that any provision in this Agreement shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof will not in any way be affected or impaired thereby.

Any headings or captions appearing in this Agreement are intended solely for convenience of reference and shall not constitute a part of this Agreement or define or limit any of the terms and conditions hereof.

This Agreement, including any Exhibits, including without limitation the Statement of Work, or other documents referred to herein which form a part hereof, and any amendments which may be issued and agreed, contains the entire understanding of the parties hereto with respect to the subject matter contained herein and therein. The parties agree that the pre-printed terms and conditions on any service order, work order, or purchase order issued hereunder are not part of this Agreement and shall not define or limit any of the terms and conditions hereof. This Agreement supersedes all prior agreements and understandings between the parties with respect to such subject matter.

Nothing in this Agreement is intended to grant any rights to Customer under any patent, mask work right, copyright, trade secret or other intellectual property right of Lexmark.

This Agreement may not be amended except by an agreement in writing signed by the parties hereto.

Any terms of this Agreement which by their nature extend beyond their expiration or termination will remain in effect until fulfilled and shall bind the parties and their legal representatives, successors, heirs and assigns.


4 CONFIDENTIAL

This Agreement may not be assigned by either party or assigned by operation of lawwithout the prior written consent of the other, which consent shall not be unreasonably delayed or withheld; provided, however, that nothing in the foregoing will prevent Lexmark, or its successors or assigns, from assigning its rights and interests under this Agreement, without notice, to a third party for the purposes of securing financing.

Notwithstanding the place where this Agreement is executed, or where obligations under this Agreement are performed, the parties expressly agree that this Agreement and any claim or controversy arising out of or relating to rights and obligations of the parties under it will be governed by and construed in accordance with the substantive laws of the Commonwealth of Kentucky.

Each party hereto intends that this Agreement shall not benefit or create any right or cause of action in or on behalf of any person other than the parties hereto and their successors and assigns.

This Agreement may be executed in one counterpart, which shall be deemed to be the original. This Agreement may be signed by facsimile or electronically submitted signatures all of which shall be originals and sufficient to legally bind the parties hereto.

Unless the context otherwise requires, the singular shall include the plural and vice versa and words denoting natural persons shall include corporations, unincorporated bodies of persons or partnerships and vice versa.

Any references in this Agreement to Sections or Schedules or Exhibits are to Sections or Schedules or Exhibits to this Agreement.

In case of conflict between this Agreement and a Schedule or Exhibit or Statement of Work, this Agreement shall prevail.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective representatives thereunto duly authorized, as of the date first above written.

LEXMARK INTERNATIONAL INC. CUSTOMER

Name (Printed): Name (Printed):

Signature: Signature:

Title: Title:

Date: Date:

ALJP2016


Warranty Information ‐ Required 1322

See page 18 & 19 1323


1322 Warranty Information - Required

Lexmark response:

The terms and conditions of Lexmark Warranty Service, or Extended Warranty Service, apply to machines which Lexmark has accepted for Warranty Service, including those for which Lexmark has issued a Certificate of Registration for Extended Lexmark Warranty Service, provided that the machine was originally purchased, for company or individual use, from Lexmark, or a Lexmark remarketer, referred to in this statement as "Remarketer." Coverage is provided only in the United States and Puerto Rico. Payment terms are net 30 days and payment must be received within 30 days of invoice date.

Standard contract offerings Brief description Warranty Service coverage The coverage period is shown on the applicable Certificate of

Registration for Extended Lexmark Warranty Service for each covered machine, or the coverage period is as specified under the statement of limited warranty included in the user documents shipped with the machine, whichever applies. The customer is entitled to Lexmark On-Site Warranty Service during the original warranty period specified in the user documents for a covered machine if 1) the covered machine includes On-Site Warranty coverage, 2) Lexmark On-Site Upgrade is purchased and/or 3) during the extension when Extended On-Site Limited Warranty Service is purchased.

If the covered products include options, the options are covered only when installed on the machine for which they were designed. To obtain service for an option covered under Warranty Service, it may be necessary to present the option with the entire machine. If the customer sells a covered machine before the expiration of the Warranty Service, then that coverage may be transferred to the new owner by written notification from the original owner to Lexmark at:

Lexmark International Inc. Lexmark Service Dept. 640A/001-1 740 West New Circle Road Lexington, Kentucky 40550


Standard contract offerings Brief description LexExpress™ Exchange Service

Lexmark Express Service is provided at a designated Lexmark Service location.

If the customer chooses to use Lexmark Express Service, an exchange machine will be shipped by Lexmark. At the option of Lexmark, the customer must return the defective machine to Lexmark by packing it in the materials for the exchange machine and attaching the prepaid shipping return label to the box. The machine then needs to be taken to the Lexmark designated shipper for shipment, or can be given to that shipper if they already make deliveries at your location. Failure to return the defective machine within five business days will result in a charge for the full price of the exchange machine. Express Service is not available for machines that have been defaced, altered or damaged beyond repair.

When exchange service is used, the returned machine becomes the property of Lexmark. At the option of Lexmark, exchange machines may be new, repaired, or may be another new or repaired machine of equal or greater capabilities. The exchange machine becomes the property of the customer when the machine to be returned has been received by Lexmark, and the exchange machine assumes the remainder of the Warranty or Extended Warranty Service from the returned machine. The returned machine must not be encumbered.

For certain models of machines, Lexmark may repair and return the defective machine. If this option is available and the customer chooses this option, the customer will be responsible for properly packing the machine and taking it to the Lexmark designated carrier; packing materials can be sent by Lexmark if the materials in which the machine was originally shipped were not saved. The customer is responsible for any damage resulting from the customer's improper packing of a machine sent to Lexmark. Please contact Lexmark to determine if this repair and return option is available for your machine model. If the returned product cannot be repaired using commercially reasonable efforts, Lexmark at its discretion may provide a new, refurbished or repaired replacement product.

The customer has the option of purchasing a LexOn-site™ Exchange Upgrade or Extended Warranty On-Site Exchange Service which provides on-site unpacking and setup of the exchange machine and packing and shipment of the defective machine.


Standard contract offerings Brief description LexOn-site™ Repair Service Lexmark On-Site Warranty Service is provided at the customer's

business or home location during the contracted Principal Period of Maintenance (PPM). Next-business-day service will generally be provided within the contracted on-site response time, if the call is dispatched by 5 p.m. at the customer’s local time, provided the service location is within a 50-mile radius of a Lexmark Authorized Service Center (LASC). For each of the following conditions, add one business day to the contracted on-site response time: 1) Service locations beyond 50 miles from LASC; 2) Service in Hawaii and Alaska.

Lexmark On-Site Warranty Service is not available for all machines or machines that have been defaced, altered or damaged beyond repair. Please contact Lexmark to determine if this option is available for your machine model.

LexOn-site™ Exchange Service

The customer has the option of purchasing a Lexmark On-Site Exchange Upgrade or Extended Warranty On-Site Exchange Service that provides on-site unpacking and setup of the exchanged printer as well as packing and shipment of the defective printer. The service terms for On-Site Exchange are the same as the On-Site Repair service terms.

Maintenance kits Certain service parts require periodic replacement based on usage and yield in order to maintain optimum performance of the printer. Maintenance kits containing these parts are available from Lexmark on some models with rated speeds higher than 10 pages per minute (ppm). Some products display a "Scheduled Maintenance" message at specified intervals based on page counts. The product documentation may direct the customer to install a maintenance kit or to contact a service representative for kit installation. Replacement of these items is a customer responsibility. Lexmark warranty or Extended Warranty offerings do not include the cost of maintenance kits. In addition, Lexmark is not responsible for failures caused by a customer's failure to timely install maintenance kits.

Repair parts Repair parts will be furnished on an exchange basis and will either be new, equivalent to new or reconditioned. All returned parts and products become the property of Lexmark.

Parts and labor Contract with customer that provides parts and labor reimbursement for Lexmark Authorized Service Providers, Designated Service Providers, and approved Self-Maintainers. Rates for parts and labor determined by the Warranty Claims Center and published in the Lexmark Services Support Guide.


Standard contract offerings Brief description Install / Deinstall Service that provides uninstalling old hardware, unpacking, placing,

and installing the new printer. The installation includes a functional check on all hardware, including optional features. Contract flexibility enables procurement of installation, uninstallation or both.

Premium offerings Expanded coverage For customers requiring minimal downtime, Lexmark offers flexible

arrangements from 24/7 Next-Business-Day response to 24/7 Same Business Day response. Restrictions: Minimum quantities required. Special bid through pricing to verify locations applies. Implementation may require lead times.

Dedicated On-Site technician Service that deploys dedicated technicians to run the service operation for the client. This service is based on customer requirements and is normally reserved for customers with a high-density printer environment such as college campuses. Restrictions: Special bid requirement.

Service reporting and tracking

Service that tracks service incidents by customer and offers a series of reports that include asset-tracking and performance. Restrictions: Special bid requirement.

Multivendor service Lexmark has the capability to perform standard contract offerings and some premium services to other equipment manufacturer printers. These include select printers from HP and other vendors. Restrictions: Special bid requirement.

Enterprise entitlement In some cases, total serial numbers (S/Ns) may not be readily available at the time of installation. Based on close interaction with field sales in determining estimated populations and model type, Lexmark may entitle (after billing) the printer base for service and log the S/N information into our system upon service call requests to the Technical Support Center (TSC). Temporary S/N are sold upfront to cover unknown printer quantities.

Self-maintainer support Lexmark provides a flexible range of service offerings for qualified self-maintainers. Service includes availability of hands-on printer training, a range of CD-ROMs and publications, and parts-and-labor or parts-only agreements. A minimum of 100 printers should be considered for becoming a self-maintainer. (Requires payment of Lexmark-authorized service fee and subscription fee.)


Premium offerings Designated servicer support A large-account end user can request a specific servicer to become

an Authorized Designated Servicer for their account. Designated Servicers (upon being authorized by Lexmark, which encompasses training, certification and payment of the authorized service fee and subscription fee) are entitled to a range of Lexmark support, including availability of hands-on printer training, CD-ROMs and publications, and parts-and-labor or parts-only agreements. A minimum of 100 printers should be considered for becoming a Designated Servicer.

Authorized Service Providers

Authorized Servicers are organizations that are approved to deliver and receive reimbursement for warranty service on Lexmark products. Requirements include payment of an authorized service fee and subscription fee and maintaining certification requirements, parts per claim and customer satisfaction ratings. Standard reimbursement rates are established by the Warranty Claims Center and published in the Lexmark Services Support Guide. Authorized Servicers are entitled to a range of Lexmark support, including availability of hands-on printer training, CD ROMs and publications, and parts-and-labor or parts-only agreements.

Custom Agreement The Lexmark premium service support coverage model, designed for customers with mission-critical service requirements. Custom Agreement support includes the following value-added service capabilities: SLA performance guarantees, specialized tech support phone access line, installation / maintenance kits included, in-depth service reporting and dedicated account specialist for ongoing service monitoring and management.

Limitations on Warranty Service Lexmark does not warrant uninterrupted or error-free operation of any product or the durability or longevity of prints produced by any product.

Warranty service does not include repair of failures caused by: Modification or unauthorized attachments. Accidents, misuse, abuse or use inconsistent with Lexmark user's guides, manuals, instructions

or guidance. Unsuitable physical or operating environment. Maintenance by anyone other than Lexmark or a Lexmark authorized servicer. Operation of a product beyond the limit of its duty cycle. Use of printing media outside of Lexmark specifications. Refurbishment, repair, refilling or remanufacture by a third party of products, supplies or parts. Products, supplies, parts, materials (such as toners and inks), software or interfaces not

furnished by Lexmark.


To the extent permitted by applicable law, neither Lexmark nor its third-party suppliers or remarketers make any other warranty or condition of any kind, whether express or implied, with respect to this product and specifically disclaim the implied warranties or conditions of merchantability, fitness for a particular purpose and satisfactory quality. Any warranties that may not be disclaimed under applicable law are limited in duration to the warranty period. No warranties, express or implied, will apply after this period. All information, specifications, prices and services are subject to change at any time without notice.

Limitation of liability The customer's sole remedy under this limited warranty is set forth in this document. For any claim concerning performance or nonperformance of Lexmark or a Remarketer for this product under this limited warranty, the customer may recover actual damages up to the limit set forth in the following paragraph.

Lexmark liability for actual damages from any cause whatsoever will be limited to the amount customer paid for the product that caused the damages. This limitation of liability will not apply to claims by customer for bodily injury or damage to real property or tangible personal property for which Lexmark is legally liable. In no event will Lexmark be liable for any lost profits, lost savings, incidental damage, or other economic or consequential damages. This is true even if customer advises Lexmark or a Remarketer of the possibility of such damages. Lexmark is not liable for any claim by customer based on a third-party claim.

This limitation of remedies also applies to claims against any suppliers, vendors, resellers, contractors and remarketers of Lexmark. Lexmark, and its suppliers, vendors, resellers, contractors and remarketers limitations of remedies are not cumulative. Such suppliers and remarketers are intended beneficiaries of this limitation.

Payment/cancellation An extended warranty contract will not go into effect until payment is received by Lexmark within 30 days of invoice. The customer or Lexmark may terminate the extended warranty coverage at any time with three months prior written notice or Lexmark may post an end of service notification on www.lexmark.com for any product model. Lexmark may terminate extended warranty coverage at any time for non-payment. Even if the customer makes the payment to a reseller, the payment must be received by Lexmark within thirty days of invoice in order for the customer to receive service. When the extended warranty coverage is canceled, Lexmark will refund to the customer the remaining portion of the warranty price paid on a prorated basis.

Additional rights Some states do not allow limitations on how long an implied warranty lasts or do not allow the exclusion or limitation of incidental or consequential damages, so the limitations or exclusions contained above may not apply to you.

This limited warranty gives customer specific legal rights. Customer may also have other rights that vary from state to state. For Canadian customers, the warranty is only valid if the maintenance provider is a Lexmark Authorized Service Provider (ASP).


Lexmark recognizes your company’s unique structure, and we are committed to delivering fast problem resolution and personalized support to keep your printers on the job. From basic service coverage to comprehensive support, Lexmark offers plans to meet the specific demands of your output environment and reduce costly printer downtime.

In addition to our standard Next-Business-Day On-site Repair, Advance Exchange and On-site Exchange offerings, Lexmark can work with your company to design an enterprise-wide support program as part of a broader MPS engagement.

Elements of the support program can include the following capabilities: More aggressive response times Increased coverage hours On-site personnel in high-density locations Preventive maintenance Hot-swap Fail-over capabilities

We look forward to working with you to design a program that meets all your needs.

ALJP2016


Shipping & Delivery Information ‐ Required 1324

See page 19 1325


1324 Shipping & Delivery Information - Required

Lexmark response:

Lexmark authorized resellers ship and/or deliver products to a customer on Lexmark’s behalf. Lexmark owns the customer relationship. Costs will be determined on a case-by-case basis and then clearly documented and identified in the contract quote. For consumables, payment may be made either upon shipment of the order or upon receipt of delivery confirmation.

ALJP2016


Base Price Source Documentation ‐ Required 1326

Begins on page 19. Provide documentation of the proposed Base Price Source. This can be screenshots, or digital 1327

file printed and inserted here. 1328


1326 Base Price Source Documentation - Required Provide documentation of the proposed Base Price Source. This can be screenshots, or digital file printed and inserted here.

Lexmark response:

You may find information about our products and their special National Education Program pricing on this site: http://shop.lexmark.com/nep. Here you will find our array of printers and multifunction products, ink/toner and supplies, as well as warranty information. Following are screenshots:

http://shop.lexmark.com/nep

ALJP2016


Discount Schedule ‐Required 1329

Proposed

Discount

%

Reserved Single or Across‐the‐Board

Discount

Applies to all product listed in the

Product Line Product Offering and

Base Pricing Source submitted

Categorical Discounts (If Applicable)

Category

Identification Title Description

Proposed

Discount

%

Complete the Categorical Discounts section if and only if you are proposing categorical discounts on the 1330

products of the proposed product line list on the Product Line Offering and Base Pricing Source. Add an 1331

additional page if necessary. Otherwise if a single discount is proposed enter that amount in the reserved 1332

shaded section above. 1333

1334

jreston

Typewritten Text

6%

ALJP2016


ALJP2016 Price List ‐ Required 1335

Print out of the first four pages of the spreadsheet that is required in its entirety within the CDs that must 1336

accompany the response. 1337

ALJP20

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187.93

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s2MS315

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300.45

$

EA6%

282.42

$

Small W

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s3MS415

DN35

S026

0Lexm

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400.97

$

EA6%

376.91

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400.97

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376.91

$

Small W

orkgroup

s5CS41

0DN

28D0

050

Lexm

ark CS41

0dn

Color Laser

451.23

$

EA6%

424.15

$

Small W

orkgroup

s6CX

310D

N28

C055

0Lexm

ark CX

310d

nMultifun

ction Co

lor Laser

602.01

$

EA6%

565.89

$

Small W

orkgroup

s7CX

410D

E28

D055

0Lexm

ark CX

410d

eMultifun

ction Co

lor Laser

803.05

$

EA6%

754.87

$

Small W

orkgroup

s8MS510

DN35

S030

0Lexm

ark MS510

dnMon

o Laser

602.01

$

EA6%

565.89

$

Med

ium W

orkgroup

s9MS610

DN35

S040

0Lexm

ark MS610

dnMon

o Laser

702.53

$

EA6%

660.38

$

Med

ium W

orkgroup

s10

MS610

DTN

35S045

0Lexm

ark MS610

dtn

Mon

o Laser

903.57

$

EA6%

849.36

$

Med

ium W

orkgroup

s11

MS610

DE35

S050

0Lexm

ark MS610

deMon

o Laser

903.57

$

EA6%

849.36

$

Med

ium W

orkgroup

s12

MS610

DTE

35S055

0Lexm

ark MS610

dte

Mon

o Laser

1,10

4.61

$

EA6%

1,03

8.34

$

Med

ium W

orkgroup

s13

MX3

10DN

35S570

0Lexm

ark MX3

10dn

Multifun

ction Mon

o Laser

392.03

$

EA6%

368.51

$

Small W

orkgroup

s14

MX4

10DE

35S570

1Lexm

ark MX4

10de

Multifun

ction Mon

o Laser

588.61

$

EA6%

553.29

$

Small W

orkgroup

s15

MX5

10DE

35S570

2Lexm

ark MX5

10de

Multifun

ction Mon

o Laser

883.47

$

EA6%

830.46

$

Med

ium W

orkgroup

s16

MX5

11DE

35S570

3Lexm

ark MX5

11de

Multifun

ction Mon

o Laser

981.76

$

EA6%

922.85

$

Med

ium W

orkgroup

s17

MX6

11DE

35S670

1Lexm

ark MX6

11de

Multifun

ction Mon

o Laser

1,47

3.19

$

EA6%

1,38

4.80

$

Med

ium W

orkgroup

s18

C746

DN41

G00

50Lexm

ark C7

46dn

Color Laser

736.04

$

EA6%

691.87

$

Med

ium W

orkgroup

s19

C748

DE41

H005

0Lexm

ark C7

48de

Color Laser

1,17

8.33

$

EA6%

1,10

7.63

$

Med

ium W

orkgroup

s20

CS72

0DE

40C9

100

Lexm

ark CS72

0de

Color Laser

913.62

$

EA6%

858.81

$

Med

ium W

orkgroup

s21

CS51

0DE

28E005

0Lexm

ark CS51

0de

Color Laser

752.79

$

EA6%

707.62

$

Med

ium W

orkgroup

s22

CX51

0DE

28E050

0Lexm

ark CX

510d

eMultifun

ction Co

lor Laser

1,40

6.18

$

EA6%

1,32

1.81

$

Med

ium W

orkgroup

s23

MS710

DN40

G05

10Lexm

ark MS710

dnMon

o Laser

863.36

$

EA6%

811.56

$

Large Workgroup

s24

MS711

DN40

G01

610

Lexm

ark MS711

dnMon

o Laser

1,21

8.54

$

EA6%

1,14

5.43

$

Large Workgroup

s25

MS812

DE40

G03

50Lexm

ark MS812

deMon

o Laser

1,98

1.38

$

EA6%

1,86

2.50

$

Large Workgroup

s26

MS810

DE40

G01

50Lexm

ark MS810

deMon

o Laser

1,11

6.90

$

EA6%

1,04

9.89

$

Large Workgroup

s27

MX8

12DT

FE24

T743

6Lexm

ark MX8

12dtfe

Multifun

ction Mon

o Laser

5,15

8.96

$

EA6%

4,84

9.42

$

Large Workgroup

s28

MX7

11DE

24T740

4Lexm

ark MX7

11de

Multifun

ction Mon

o Laser

3,14

4.07

$

EA6%

2,95

5.43

$

Large Workgroup

s29

CX82

0DE

42K0

010

Lexm

ark CX

820d

eMultifun

ction Co

lor Laser

3,43

8.93

$

EA6%

3,23

2.60

$

Large Workgroup

s30

CX82

0DTFE

42K0

012

Lexm

ark CX

820d

tfe

Multifun

ction Co

lor Laser

4,71

6.67

$

EA6%

4,43

3.67

$

Large Workgroup

s31

CS82

0DE

21K0

200

Lexm

ark CS82

0de

Color Laser

1,86

6.34

$

EA6%

1,75

4.36

$

Large Workgroup

s

From

ALJP2

016 ITB PR

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CT

LINE PR

OPO

SAL Subm

ission

Qualified Bidd

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ber

(Assigne

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Prop

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Produ

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Prop

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Nam

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Dir U

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QB3

89L

Lexm

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Lexm

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rcrittend

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ALS

DE

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Item#

Man

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Prod

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Base price from

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Prop

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Prop

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Discoun

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ALJP Propo

sed

Price/UoM

(Calculated)

Category (if a

pplicab

le)

32CS82

0DTE

21K0

150

Lexm

ark CS82

0dte

Color Laser

$ 2,161

.20

EA6%

2,03

1.53

$

Large Workgroup

s33

CS82

0DTFE

21K0

250

Lexm

ark CS82

0dtfe

Color Laser

$ 2,505

.21

EA6%

2,35

4.90

$

Large Workgroup

s34

CX82

5DE

42K0

040

Lexm

ark CX

825d

eMultifun

ction Co

lor Laser

$ 3,930

.37

EA6%

3,69

4.55

$

Large Workgroup

s35

CX82

5DTE

42K0

041

Lexm

ark CX

825d

teMultifun

ction Co

lor Laser

$ 4,618

.38

EA6%

4,34

1.28

$

Large Workgroup

s36

CX82

5DTFE

42K0

042

Lexm

ark CX

825d

tfe

Multifun

ction Co

lor Laser

$ 4,962

.38

EA6%

4,66

4.64

$

Large Workgroup

s37

CX86

0DTFE

42K0

072

Lexm

ark CX

860d

tfe

Multifun

ction Co

lor Laser

$ 8,943

.02

EA6%

8,40

6.44

$

Large Workgroup

s38

CX51

0DTH

E28

E055

0Lexm

ark CX

510d

the

Multifun

ction Co

lor Laser

$ 1,758

.00

EA6%

1,65

2.52

$

Med

ium W

orkgroup

s39

CX72

5DE

40C9

500

Lexm

ark CX

725d

eMultifun

ction Co

lor Laser

$ 2,539

.83

EA6%

2,38

7.44

$

Med

ium W

orkgroup

s40

CX72

5DTH

E40

C950

2Lexm

ark CX

725d

the

Multifun

ction Co

lor Laser

$ 3,149

.66

EA6%

2,96

0.68

$

Med

ium W

orkgroup

s

411 Year Advanced Exchange NBD

‐ MS312

dn23

5663

9Lexm

ark MS312

dn

Extend

ed W

arranty

Extend

ed W

arranty

$25

.00

EA6%

23.50

$


‐ MS312

dn23

5664

0Lexm

ark MS312

dn

Extend

ed W

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Extend

ed W

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$50

.00

EA6%

47.00

$


‐ MS312

dn23

5664

1Lexm

ark MS312

dn

Extend

ed W

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Extend

ed W

arranty

$90

.00

EA6%

84.60

$

444 Year Advanced Exchange ‐

MS312

2356

642Lexm

ark MS312

dn

Extend

ed W

arranty

Extend

ed W

arranty

$ 12

5.00

EA

6%11

7.50

$


‐ Re

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S312

dn23

5664

3Lexm

ark MS312

dn

Extend

ed W

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Extend

ed W

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$35

.00

EA6%

32.90

$

461 Year Advance Exchange ‐Post

Warranty ‐ M

S312

dn23

5664

4Lexm

ark MS312

dn

Extend

ed W

arranty

Extend

ed W

arranty

$45

.00

EA6%

42.30

$

47Ad

vance Exchange Per Call ‐

MS312

dn23

5664

5Lexm

ark MS312

dn

Extend

ed W

arranty

Extend

ed W

arranty

$ 36

5.00

EA

6%34

3.10

$

48Upgrade

to OnSite

Rep

air ‐

MS312

dn23

5664

6Lexm

ark MS312

dn

Extend

ed W

arranty

Extend

ed W

arranty

$20

.00

EA6%

18.80

$

491 Year OnSite

Rep

air ‐ M

S312

dn23

5664

7Lexm

ark MS312

dn

Extend

ed W

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Extend

ed W

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$45

.00

EA6%

42.30

$

502 Year OnSite

Rep

air ‐ M

S312

dn23

5664

8Lexm

ark MS312

dn

Extend

ed W

arranty

Extend

ed W

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$90

.00

EA6%

84.60

$

513 Year OnSite

Rep

air ‐ M

S312

dn23

5664

9Lexm

ark MS312

dn

Extend

ed W

arranty

Extend

ed W

arranty

$ 14

0.00

EA

6%13

1.60

$

524 Year OnSite

Rep

air ‐ M

S312

2356

650Lexm

ark MS312

dn

Extend

ed W

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Extend

ed W

arranty

$ 20

0.00

EA

6%18

8.00

$

531 Year OnSite

Rep

air ‐ Ren

ewal ‐

MS312

dn23

5665

1Lexm

ark MS312

dn

Extend

ed W

arranty

Extend

ed W

arranty

$60

.00

EA6%

56.40

$

541 Year Onsite

Rep

air‐Po

st

Warranty ‐ M

S312

dn23

5665

2Lexm

ark MS312

dn

Extend

ed W

arranty

Extend

ed W

arranty

$70

.00

EA6%

65.80

$

55OnSite

Rep

air P

er Call ‐

MS312

dn23

5665

3Lexm

ark MS312

dn

Extend

ed W

arranty

Extend

ed W

arranty

$ 46

0.00

EA

6%43

2.40

$


‐ MS315

dn23

5669

2Lexm

ark MS315

dn

Extend

ed W

arranty

Extend

ed W

arranty

$29

.00

EA6%

27.26

$

ALS

DE

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LJP

2016

Pric

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Item#

Man

ufacturer M

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Bidd

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Prod

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Descriptio

n/Specificatio

ns of

Prod

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Base price from

Ba

se Pric

e Source

Prop

osed

UoM

Prop

osed

Discoun

t(%)

ALJP Propo

sed

Price/UoM

(Calculated)

Category (if a

pplicab

le)


‐ MS315

dn23

5669

3Lexm

ark MS315

dn

Extend

ed W

arranty

Extend

ed W

arranty

$59

.00

EA6%

55.46

$


‐ MS315

dn23

5669

4Lexm

ark MS315

dn

Extend

ed W

arranty

Extend

ed W

arranty

$99

.00

EA6%

93.06

$


MS315

2356

695Lexm

ark MS315

dn

Extend

ed W

arranty

Extend

ed W

arranty

$ 13

9.00

EA

6%13

0.66

$


‐ Re

newal‐ M

S315

dn23

5669

6Lexm

ark MS315

dn

Extend

ed W

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Extend

ed W

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$39

.00

EA6%

36.66

$


Warranty ‐ M

S315

dn23

5669

7Lexm

ark MS315

dn

Extend

ed W

arranty

Extend

ed W

arranty

$49

.00

EA6%

46.06

$

62Ad


MS315

dn23

5669

8Lexm

ark MS315

dn

Extend

ed W

arranty

Extend

ed W

arranty

$ 36

5.00

EA

6%34

3.10

$

63Upgrade

to OnSite

Rep

air ‐

MS315

dn23

5669

9Lexm

ark MS315

dn

Extend

ed W

arranty

Extend

ed W

arranty

$20

.00

EA6%

18.80

$

641 Year OnSite

Rep

air ‐ M

S315

dn23

5670

0Lexm

ark MS315

dn

Extend

ed W

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Extend

ed W

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$49

.00

EA6%

46.06

$

652 Year OnSite

Rep

air ‐ M

S315

dn23

5670

1Lexm

ark MS315

dn

Extend

ed W

arranty

Extend

ed W

arranty

$99

.00

EA6%

93.06

$

663 Year OnSite

Rep

air ‐ M

S315

dn23

5670

2Lexm

ark MS315

dn

Extend

ed W

arranty

Extend

ed W

arranty

$ 15

9.00

EA

6%14

9.46

$

674 Year OnSite

Rep

air ‐ M

S315

2356

703Lexm

ark MS315

dn

Extend

ed W

arranty

Extend

ed W

arranty

$ 23

9.00

EA

6%22

4.66

$

681 Year OnSite

Rep

air ‐ Ren

ewal ‐

MS315

dn23

5670

4Lexm

ark MS315

dn

Extend

ed W

arranty

Extend

ed W

arranty

$65

.00

EA6%

61.10

$

691 Year Onsite

Rep

air‐Po

st

Warranty ‐ M

S315

dn23

5670

5Lexm

ark MS315

dn

Extend

ed W

arranty

Extend

ed W

arranty

$79

.00

EA6%

74.26

$

70OnSite

Rep

air P

er Call ‐

MS315

dn23

5670

6Lexm

ark MS315

dn

Extend

ed W

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Extend

ed W

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$ 49

0.00

EA

6%46

0.60

$


‐ MS415

dn23

5674

5Lexm

ark MS415

dn

Extend

ed W

arranty

Extend

ed W

arranty

$29

.00

EA6%

27.26

$


‐ MS415

dn23

5674

6Lexm

ark MS415

dn

Extend

ed W

arranty

Extend

ed W

arranty

$59

.00

EA6%

55.46

$


‐ MS415

dn23

5674

7Lexm

ark MS415

dn

Extend

ed W

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Extend

ed W

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$99

.00

EA6%

93.06

$


MS415

2356

748Lexm

ark MS415

dn

Extend

ed W

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Extend

ed W

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$ 13

9.00

EA

6%13

0.66

$


‐ Re

newal‐ M

S415

dn23

5674

9Lexm

ark MS415

dn

Extend

ed W

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Extend

ed W

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$39

.00

EA6%

36.66

$


Warranty ‐ M

S415

dn23

5675

0Lexm

ark MS415

dn

Extend

ed W

arranty

Extend

ed W

arranty

$49

.00

EA6%

46.06

$

77Ad


MS415

dn23

5675

1Lexm

ark MS415

dn

Extend

ed W

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Extend

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$ 36

5.00

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6%34

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ALS

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LJP

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Item#

Man

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Bidd

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Prod

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Descriptio

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ns of

Prod

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Base price from

Ba

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Prop

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UoM

Prop

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Discoun

t(%)

ALJP Propo

sed

Price/UoM

(Calculated)

Category (if a

pplicab

le)

78Upgrade

to OnSite

Rep

air ‐

MS415

dn23

5675

2Lexm

ark MS415

dn

Extend

ed W

arranty

Extend

ed W

arranty

$20

.00

EA6%

18.80

$

791 Year OnSite

Rep

air ‐ M

S415

dn23

5675

3Lexm

ark MS415

dn

Extend

ed W

arranty

Extend

ed W

arranty

$49

.00

EA6%

46.06

$

802 Year OnSite

Rep

air ‐ M

S415

dn23

5675

4Lexm

ark MS415

dn

Extend

ed W

arranty

Extend

ed W

arranty

$99

.00

EA6%

93.06

$

813 Year OnSite

Rep

air ‐ M

S415

dn23

5675

5Lexm

ark MS415

dn

Extend

ed W

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Extend

ed W

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$ 15

9.00

EA

6%14

9.46

$

824 Year OnSite

Rep

air ‐ M

S415

2356

756Lexm

ark MS415

dn

Extend

ed W

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Extend

ed W

arranty

$ 23

9.00

EA

6%22

4.66

$

831 Year OnSite

Rep

air ‐ Ren

ewal ‐

MS415

dn23

5675

7Lexm

ark MS415

dn

Extend

ed W

arranty

Extend

ed W

arranty

$65

.00

EA6%

61.10

$

841 Year Onsite

Rep

air‐Po

st

Warranty ‐ M

S415

dn23

5675

8Lexm

ark MS415

dn

Extend

ed W

arranty

Extend

ed W

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$79

.00

EA6%

74.26

$

85OnSite

Rep

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MS415

dn23

5675

9Lexm

ark MS415

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Extend

ed W

arranty

Extend

ed W

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$ 49

0.00

EA

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0.60

$


MS510

2355

732Lexm

ark MS510

Extend

ed W

arranty

Extend

ed W

arranty

$89

.00

EA6%

83.66

$


MS510

2355

733Lexm

ark MS510

Extend

ed W

arranty

Extend

ed W

arranty

$ 15

9.00

EA

6%14

9.46

$


MS510

2355

734Lexm

ark MS510

Extend

ed W

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Extend

ed W

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$ 22

9.00

EA

6%21

5.26

$


MS510

2355

735Lexm

ark MS510

Extend

ed W

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Extend

ed W

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$ 29

9.00

EA

6%28

1.06

$

90Upgrade

to OnSite

Rep

air ‐

MS510

2355

739Lexm

ark MS510

Extend

ed W

arranty

Extend

ed W

arranty

$29

.00

EA6%

27.26

$

911 Year OnSite

Rep

air ‐ M

S510

2355

740Lexm

ark MS510

Extend

ed W

arranty

Extend

ed W

arranty

$ 12

9.00

EA

6%12

1.26

$

922 Year OnSite

Rep

air ‐ M

S510

2355

741Lexm

ark MS510

Extend

ed W

arranty

Extend

ed W

arranty

$ 22

9.00

EA

6%21

5.26

$

933 Year OnSite

Rep

air ‐ M

S510

2355

742Lexm

ark MS510

Extend

ed W

arranty

Extend

ed W

arranty

$ 32

9.00

EA

6%30

9.26

$

944 Year OnSite

Rep

air ‐ M

S510

2355

743Lexm

ark MS510

Extend

ed W

arranty

Extend

ed W

arranty

$ 42

9.00

EA

6%40

3.26

$

951 Year Advance Exchange ‐

Rene

wal ‐ MS510

2355

736Lexm

ark MS510

Extend

ed W

arranty

Extend

ed W

arranty

$ 11

9.00

EA

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ALJP2016


Sales Contact Listing – Required 1338

1339

Full Name EDDIR‐Username/ Email Company Title Phone#

(xxx)‐xxx‐xxxx

Sales Contacts must match Online Proposal entry 1340


1338 Sales Contact Listing - Required

Lexmark response:

Full Name EDDIR-Username/ Email Company Title Phone# Roderick L. Crittenden

[email protected] Lexmark International Inc.

Senior Account Manager

770-510-1717

Keith Price [email protected] CDW Government LLC

Deputy Program Manager

203-789-2631

David Palmer

[email protected] Synergetics DCS, Inc.

Owner and Chief Executive Officer

662-323-9484

Tim Prince [email protected] Virtucom, Inc Director 800-890-2611x203

ALJP2016


1341

Reference Placeholder ‐ Required 1342

Include/Insert References Information Here. 1343

See page 28: Provide at least five (5) K‐12 educational institutions or organizations and contact 1344

information including name, address, phone number, and a contact name with an email address. At 1345

least three (3) of these institutions should be Alabama K‐12 Local Education Agencies/Districts. 1346

Provided by Qualified Bidder in attached document (no template provided). 1347

1348


1342 Reference Placeholder - Required

Lexmark response:

Through our MPS program, Lexmark serves hundreds of customers with needs similar to the Alabama K-12 institutions. We are a leader in providing direct MPS to large international companies, with some customers having more than 10,000 devices under Lexmark management.

Many Lexmark success stories are available at http://www.lexmark.com/en_us/success-stories.html, representing a variety of industries, company sizes, and Lexmark products, solutions and services. Listening to and reading these references will provide you with examples of how Lexmark has helped other organizations achieve results.

We have many customer reference accounts that have implemented Lexmark solutions on the scale Alabama K-12 institutions are considering. If the Alabama K-12 institutions would like to have a discussion with any of the attached references, we would be happy to facilitate such a conversation on your behalf.

As you might expect, Lexmark receives many reference requests. Responding to these requests is extremely important to us and yet, we have a responsibility and obligation to respect the time and confidentiality of our customers. To serve both our prospects and customers, we have a process to meet your requirements, while protecting our customers' privacy and minimizing the impact on their valuable time.

Below is a list of six K-12 educational institutions or organizations, four of these are Alabama K-12 local education agencies/districts.

Andre Williams, Technology Coordinator Baldwin County Public Schools Educational Technology Services 1071 B Avenue Loxley, AL 36551 [email protected]

David Akridge, Executive Manager Mobile County Public Schools Information Technology 1 Magnum Pass / P.O. Box 180069 Mobile, AL 36618 [email protected]


Wes Watkins, Director of Technical Operations Clayton County Schools 1380 Arnold Street Jonesboro, GA 30236 [email protected]

Michael Murray, Director Field Services Cobb County School District 6975 Cobb International Blvd. Kennesaw, GA 30152 [email protected]

Aaron Brown, Principal Troy City Schools 800 E. Elm Street Troy, AL 36081 [email protected]

Tony White, System Administrator Trussville City Schools BOE 113 North Chalkville Road Trussville, AL 35173 [email protected]

The Lexmark customer reference team can schedule a private call between your team and our current customers at a mutually convenient time. No one from Lexmark participates on these calls. We simply coordinate a date and time between the parties that is mutually convenient and make the initial introductions.

When you are ready to speak with these Lexmark customer references, please contact Emily Rardin or Roderick Crittenden, your Lexmark account manager.

Emily Rardin Customer Reference Manager Imaging Solutions and Services Lexmark International, Inc. Office: 859-232-7818 Email: [email protected]

ALJP2016


ISO Certification Information – Required 1349

Required for QBID as well. Must include information here for documentation. (see Page 7) 1350

1351

Accredited Body: UL DQS Inc., 1130 West Lake Cook Road, Suite 340, Buffalo Grove, IL 60089 USA

CERTIFICATEThis is to certify that

Lexmark International, Inc. 740 West New Circle Road Lexington, KY 40550 United States of America

has implemented and maintains a Quality Management System.

Scope: The design, development, sales and marketing, manufacturing and logistics planning and management, and customer support of a broad range of printing, imaging and workflow products, software, solutions and services.

Through an audit, documented in a report, it was verified that the management system fulfills the requirements of the following standard:

ISO 9001 : 2008

Certificate registration no.

Date of original certification

Date of certification

Valid until

10002310 QM08

2013-04-15

2015-02-09

2018-02-08

UL DQS Inc.

Ganesh Rao Managing Director

ALJP2016


Company Profile and Demographics – Required 1352

Provide all pertinent company information including key personnel, demographics and a company profile. 1353


1352 Company Profile and Demographics - Required Provide all pertinent company information including key personnel, demographics and a company profile.

A global technology company with a proud history and a bright future

Lexmark International Inc. is a global technology leader creating enterprise software, hardware and services that remove the inefficiencies of information silos and disconnected processes.

Lexmark combines our innovative technology with deep industry expertise to automate information-driven processes in retail, financial services, healthcare, manufacturing, education, government and more. These solutions bridge crucial gaps between your core systems and the information outside their control—simplifying and completing the processes that run your business.

By applying exceptional customer engagement to understand our customers’ complex challenges, we connect people to the precise information they need at the moment they need it.

Our portfolio of offerings grew even stronger with the acquisition of the following companies: Perceptive Software Pallas Athena Brainware ISYS Nolij Acuo Technologies Twistage AccessVia Saperion PACSGEAR GNAX Health ReadSoft Claron Technology Kofax

Lexmark products are sold in more than 170 countries in North America, South America, Europe, the Middle East, Africa, Asia, the Pacific Rim and the Caribbean. In 2014, Lexmark reported $3.7 billion in revenue. Revenue derived from international sales and exports from the United States make up about 43% of our consolidated revenue, with Europe, the Middle East and Africa (EMEA) accounting for 37% of worldwide sales.

We employ approximately 12,700 people in our worldwide operations and are led by an experienced executive management team.


Lexmark offers the powerful combination of technology ownership, industry expertise and customer engagement to deliver solutions of superior value:

Key technology ownership: Owning our best-of-breed product portfolio gives us a level of agility few providers can match.

Deeper industry expertise: Applying decades of industry expertise to solve specific, real-world business challenges, blending the way you work today with new capabilities

Exceptional customer engagement: Promoting a culture of inquiry, collaboration and responsiveness that reinforces a deep, two-way connection with all of our customers through both the solutions we create and the ongoing care we provide. And that dedication shows in our greater than 95% customer loyalty rates across our worldwide customer base.

Focusing in on what matters Lexmark serves both the distributed printing and imaging and content and process management markets with a focus on business customers.

The content and process management software and services markets include solutions for capturing all types of unstructured information such as hardcopy, photographs, emails, images, video, audio and faxes as well as intelligent indexing, archiving and routing of this information to streamline and automate process workflows while managing changes to both content and processes and automating governance and compliance policies. These solutions help companies leverage the value of their unstructured information by connecting it with existing enterprise applications and making it available in context within processes so that businesses can make better and faster decisions to enhance growth, improve productivity, lower costs and improve customer satisfaction. These markets also include solutions that help businesses understand existing processes, design and manage new processes, and enable the assembly of content into meaningful communications internally and with their customers and partners.

Laser products can be divided into two major categories—large workgroup products and lower-priced small workgroup products. Large workgroup products are typically attached directly to large workgroup networks, while small workgroup products are attached to personal computers (PCs) and/or small workgroup networks. Both product categories include color and monochrome laser offerings.

Lexmark offers a wide range of services covering its line of printing products and technology solutions including maintenance, consulting, systems integration and Managed Print Services (MPS) offerings to provide a comprehensive output solution. Through its MPS offerings, Lexmark gives customers greater visibility and control of their printing environment. These services include asset management; implementation and decommissioning services; proactive consumables management; remote device monitoring and management; and business process optimization that include industry-specific and back office solutions. These services are tailored to meet each customer’s unique needs to ensure their mission-critical business processes run smoothly.


Delivering on our promise with award-winning products Lexmark is a recognized industry leader, moving up and to the right in analyst reviews year after year in print hardware and services, enterprise content management, process management, search and other high-value technologies.

Lexmark printers have been extremely well-received by customers and are recognized by the world’s leading independent test labs and technology publications for superior design, performance and reliability. Of the 975 industry awards and product reviews announced by Buyers Lab and Better Buys for Business in the United States since 2009, Lexmark has captured top honors in 25% of these.

Industry analysts and researchers agree that Lexmark is a leader in managing unstructured content, with expertise in MPS, enterprise content management (ECM), enterprise search and smart multifunction products (MFPs). Gartner, IDC and Quocirca consistently name Lexmark as a Leader in MPS. In 2014, IDC MarketScape cited Lexmark as a Leader in smart MFPs. Lexmark Enterprise Software, formerly Perceptive Software, has also been positioned as a Leader in ECM and Enterprise Search by Gartner.

World-class services and support With our extensive understanding of print and imaging technology as well as deep industry-specific knowledge gained from developing custom output solutions for thousands of organizations around the world, Lexmark can help you get the most out of your investment.

Lexmark Customer Support Services keeps your devices operating in prime condition with break-fix and maintenance agreements. We are committed to delivering fast problem resolution and customized programs to keep your operations running smoothly and efficiently. From basic service coverage to comprehensive support, Lexmark offers a range of plans to meet the specific demands of your output environment and reduce costly printer downtime.


For many customers, an MPS engagement will deliver greater savings and quicker return. Large organizations and many midsize ones as well, tend to have the most complex and least efficient output environments, and stand to benefit most from optimization. Lexmark MPS is our comprehensive set of offerings for improving visibility and control of your output environment. It includes fleet optimization services, proactive device monitoring, proactive consumables management and business process optimization.

Lexmark has implemented a common technology platform, consistent processes and professional services skill sets to analyze, manage and support our customers’ environments. We have delivered hundreds of MPS projects on time and on budget over the past 10 years, resulting in billions of pages under management.

Making a difference by the example we set Lexmark strives to be an environmentally responsible provider of products and services. From the way we design with the environment in mind, to how we engineer our packaging to reduce materials, all the way to the collection programs we provide and our environmentally progressive approaches to recycling.

For example, we help our customers responsibly dispose of their Lexmark products at end of life. The Lexmark Cartridge Collection Program diverts millions of Lexmark toner cartridges from landfills each year. Our cartridge collection network is active in 90% of our global market and has made Lexmark an industry leader in the recovery, remanufacturing and recycling of toner cartridges.

Lexmark corporate social responsibility activities are fundamentally guided by our vision and values system. As an employer and a member of the global community, we strive to make a difference by the example we set.

We are committed to acting as a socially responsible company in the global community. This means that we will fully comply with the laws, rules and regulations of the countries in which we operate.

It also means that Lexmark will go further by continually evaluating our business practices using the principle of sustainability—balancing the economic, environmental and social needs of our world today without compromising the opportunities of future generations.


Key personnel

The executive officers of Lexmark and their respective ages, positions and years of service with the company are set forth below.

Name of individual Age Position Years with company Paul A. Rooke 56 Chairman and Chief Executive Officer 24 David Reeder 40 Vice President and Chief Financial Officer 0 Martin S. Canning 51 Executive Vice President and President of ISS 16

Scott T.R. Coons 48 Vice President and President and Chief Executive Officer Lexmark Enterprise Software

5

Ronaldo M. Foresti 62 Vice President of Asia Pacific and Latin America 11 Jeri L. Isbell 57 Vice President of Human Resources 24 Robert J. Patton 53 Vice President, General Counsel and Secretary 14 Gary D Stromquist 59 Vice President, ISS and Corporate Finance 24

Mr. Rooke has been a Director of the company since October 2010. Since April 2011, Mr. Rooke has been Chairman and Chief Executive Officer of the company. From October 2010 to April 2011, Mr. Rooke served as President and Chief Executive Officer of the company. From July 2007 to October 2010, Mr. Rooke served as Executive Vice President and President of the company’s former Imaging Solutions Division (ISD). From November 2002 to July 2007, Mr. Rooke served as Executive Vice President of PSSD, and Vice President and President of the company’s former Business Printer Division.

Mr. Reeder has been Vice President and Chief Financial Officer of the company since January 2015 when he joined the company. Prior to joining the company, Mr. Reeder served as Chief Financial Officer of Electronics for Imaging, Inc. from January 2014 to January 2015. From July 2012 to January 2014, Mr. Reeder served as Vice President, Finance of Cisco Systems, Inc.’s Enterprise Networking Division. Prior to such time, Mr. Reeder served as Vice President and Managing Director, Asian Operations as well as Senior Director, Controller for Broadcom Corporation from October 2008 to June 2012.

Mr. Canning has been Executive Vice President and President of ISS since November 2010. From July 2010 to November 2010, Mr. Canning served as Executive Vice President and President of PSSD, and from July 2007 to July 2010 as Vice President and President of PSSD. From January 2006 to July 2007, Mr. Canning served as Vice President and General Manager, PSSD Worldwide Marketing and Lexmark Services, and PSSD North American Sales and Marketing. From August 2002 to January 2006, Mr. Canning served as Vice President and General Manager, PSSD Worldwide Marketing and Lexmark Services.

Mr. Coons has been Vice President of the company and President and Chief Executive Officer of Lexmark Enterprise Software (formerly Perceptive Software) since June 2010 when the Company acquired Perceptive. Prior to the acquisition, Mr. Coons served as President and Chief Executive Officer of Perceptive Software from August 1995 to June 2010.


Mr. Foresti has been Vice President of Asia Pacific and Latin America since January 2008. From May 2003 to January 2008, Mr. Foresti served as the company’s Vice President and General Manager of Latin America.

Ms. Isbell has been Vice President of Human Resources of the company since February 2003. From January 2001 to February 2003, Ms. Isbell served as Vice President of Worldwide Compensation and Resource Programs in the company’s Human Resources department.

Mr. Patton has been Vice President, General Counsel and Secretary of the company since October 2008. From June 2008 to October 2008, Mr. Patton served as Acting General Counsel and Secretary. From February 2001 to June 2008, Mr. Patton served as Corporate Counsel.

Mr. Stromquist has been Vice President, ISS and Corporate Finance since November 2010, except from May 2014 to January 2015, when Mr. Stromquist served as Vice President and Interim Chief Financial Officer. From June 2009 to November 2010, Mr. Stromquist served as Vice President, PSSD and Corporate Finance. From July 2001 to June 2009, Mr. Stromquist served as Vice President and Corporate Controller of the company.

Demographics

As of December 31, 2014, of the approximately 12,700 employees worldwide, 3,900 are located in the US and the remaining 8,800 are located in Europe, Canada, Latin America, Asia Pacific, the Middle East and Africa. Our major subcontractors also employ hundreds of Lexmark-certified service technicians.

Demographics by race, ethnicity and gender Lexmark monitors its workforce breakdown based on gender and race or ethnicity in accordance with International Labour Organization (ILO) convention No. 111 and No. 100. These include analyses of underrepresented groups in management positions and remuneration.

Employees Region Employees % women New hires Asia Pacific 3,082 44% 185 Europe, Middle East, and Africa 1,620 35% 491 Latin America 3,302 48% 1,523 North America 3,983 24% 371 Global representation 11,987 37% 2,570


Employees by job level Employee category Employees % women Vice president 62 15% Director 197 17% Senior manager 85 24% Manager 1,101 31% Individual contributor 10,542 38% Total 11,987 37%

Employees by employment type Regular employee types Total % women Full time 11,891 37% Part time 96 82% Total 11,987 37% Temporary employees 260 45% Contingent workers 2,725 Of the 38% that indicate gender, 33% are women.

Women worldwide 37% in workplace 28% in management 41% of new hires

U.S. minority* 14% in workplace 11% in management 17% of new hires *Employees outside of the United States are not legally required to indicate their ethnic background.

Worldwide by age group, 2014* Age group > % of total workforce30 and under 22% 31-50 64% 51 and over 13% Age group > % of total workforce*1% of the workforce did not disclose their age.

Board of Directors The Lexmark board of directors is comprised of 12 directors, of which 17% are female.

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