Amendment one.docx

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Attached to
SCDMH VEEAM LICENSE
Solicitation number
5400020144
Issued by
Richland County, South Carolina

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This is Amendment No. 1 to Invitation for Bid (IFB) 5400020144 issued by the South Carolina Department of Mental Health (SCDMH) for a VEEAM License procurement. The amendment modifies key solicitation dates and contract terms, including the opening date moved to August 20, 2020 at 3:00 PM, award posting date changed to August 24, 2020, and contract validity period established as September 1, 2020 through August 31, 2023. The solicitation seeks a three-year VEEAM license subscription with Line Item 0001 requesting a one-time cost for the complete three-year purchase and Line Item 0002 requiring the awarded contractor to provide installation, setup, and configuration assistance to the agency.

The amendment clarifies critical contractual terms addressing vendor inquiries. SCDMH will manage data internally and will not handle all setup and configuration requirements independently. The amendment specifies that VEEAM resellers are not considered subcontractors and that contractor default must result from the reseller's actions, not VEEAM's direct performance. Termination for convenience of the reseller agreement will not affect any direct license or agreement between the State and VEEAM. The terms of the primary agreement take precedence over any Authorized EULAs, except where EULAs provide additional options or rights beyond the agreement, which remain available to the licensee. Prospective bidders are instructed to monitor www.procurement.sc.gov for amendments and acknowledge receipt through specified methods.

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Text version

NOTICE

AMENDMENT No. 1

IFB 5400020144

08/12/20

AMENDMENTS TO SOLICITATION (JAN 2004)

(a) The solicitation may be amended at any time prior to opening. All actual and prospective Offerors should monitory the following website for the issuance of Amendments.: www.procurement.sc.gov (b). (b) Offerors should aknowledge receipt of any amendments to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided on Page Two, (3) by letter, or (4) by submitting a bid that indicates in some way that the bidder received the amendment. (c) If this solicitation is amended, then all terms and conditions which are not modified, remain the same (02-2A005-1)

Solicitation 5400020144 for SCDMH VEEAM License is modified as follows:

1- Opening date modified to 8/20/2020 at 3:00 PM 2- Award posting date modified to 8/24/2020 3- Contract validity dates modified to: 9/1/20 – 8/31/23

Vendor questions:

4- Is your preference to have cost reflected as yearly for the license in submitted bids? Line 0001 requests the one time cost to purchase a three year subscription for this product.

5- Is your intent to purchased and own the license and manage your data internally or would the awarded vendor be responsiblie for managing your data? The agency will manage our data internally.

6- Will SCDMH handle all setup and configuration? No, line 0002 requires the awarded contractor to assist the agency in installation, setup, and configuraiton of the product.

7- If we are a reseller of VEEAM licenses, can we clarify that they are not considered a subcontractor of ours and that any default has to be caused by us and not VEEAM; including any default under a direct agreement they hold with the State, in order for us to be terminated for default and owe excess costs? Yes, our contract will be with the awarded contractor and any default would be due to their actions.

8- Under the Termination for Convenience clause; can we clarify that terminating with the reseller will not terminate any direct license or agreement the State has with VEEAM? That is correct.

9- As any license grant comes from VEEAM, subject to the terms and conditions of their direct agreements with the State. Can we ask that all other terms and conditions take precedence over all other documents excluding the EULA? The terms of this Agreement shall be given full effect prior to the application of any term in the Authorized EULAs. To the extent of any inconsistency or conflict, the terms of this Agreement take precedence over any similar terms in any Authorized EULAs. To the extent an Authorized EULA provides Licensee with options or rights in addition to or beyond those available under this Agreement, nothing in this Agreement is intended to limit Licensee's exercise of such options or rights.

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