Attachment F - Contractual Definitions OEM Held Network Contract RFP 758 2600000509.docx
DOCX document 34 KB Posted
- Attached to
- KETS Network Products and Services
- Solicitation number
- RFP 758 2600000509 1
- Issued by
- Kentucky
About this file
This is a contractual definitions attachment for RFP 758 2600000509, an OEM-Held Network Contract administered by the Kentucky Department of Education (KDE) through the KETS (Kentucky Educational Technology System) consortium for network products and services. The document establishes standardized definitions and terminology governing the relationship between Original Equipment Manufacturers (OEMs) as prime contractors, authorized agents/resellers, and purchasing entities. Key service offerings include network products and Managed Internal Broadband Services (MIBS), which encompass operation, monitoring, and management of school district internal broadband networks consistent with E-Rate program requirements. The contract framework defines the roles and responsibilities of OEMs, who bear full responsibility for performance, compliance, pricing, delivery, installation, warranty, reporting, and the conduct of authorized agents and installers.
The pricing structure is based on Manufacturer's Suggested Retail Price (MSRP) with documented discounts applied to establish net pricing, with all price lists maintained by the OEM and traceable to authoritative sources. OEMs must clearly designate all products and services as E-Rate eligible or ineligible based on FCC Schools and Libraries Program determinations administered by USAC. The contract incorporates a MiniBid process allowing KDE or individual districts to conduct competitive selections among contract holders to determine best value for specific purchases. Deliverables include all equipment, software, documentation, configurations, installation results, and reports, with acceptance determined through written acknowledgement or deemed acceptance following the contractual inspection period. Contractual terms distinguish between business days (Monday through Friday, excluding state-observed holidays) and calendar days for performance and deadline calculations.
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Text version
Attachment F – RFP 758 2600000509 Contractual Definitions (OEM‑Held Network Contract) Original Equipment Manufacturer (OEM): The entity that designs, manufactures, and warrants the network product(s) offered under this contract. The OEM is the prime contractor and bears full responsibility for performance, compliance, pricing, delivery, installation, warranty, reporting, and the acts and omissions of any authorized agents/resellers and installers.
Agent/Reseller: A company or individual formally authorized in writing by the OEM to market, quote, accept orders, invoice, deliver, install, configure, or support OEM products and services under this contract. Agents/Resellers act on behalf of the OEM; liability remains with the OEM.
Managed Internal Broadband Services (MIBS): Managed services that provide the operation, monitoring, and management of a school district’s internal broadband network, consistent with E‑Rate program definitions.
MSRP (Manufacturer’s Suggested Retail Price): The OEM‑published list price for a product or service. MSRP values must be dated, traceable to an authoritative OEM source, consistent across all channels, and retained for audit.
Price List: The OEM’s catalog of contract‑eligible SKUs and services showing part number, description, MSRP, discount, and net price, with E‑Rate eligibility clearly indicated.
E‑Rate Eligible / Ineligible: Eligibility status as determined by the FCC’s Schools and Libraries Program administered by USAC. OEM shall clearly label each SKU and service as eligible/ineligible and maintain supporting documentation.
Mini‑Bid: A competitive selection process among contract holders conducted by KDE or districts in accordance with KETS guidance to determine best value for a particular purchase.
Deliverables: All tangible and intangible items to be provided under a purchase order, including equipment, software, documentation, configurations, installation results, and reports.
Business Day / Calendar Day: Business Day means Monday through Friday excluding state‑observed holidays. Calendar Day means any day of the week, including weekends and holidays.
Acceptance: Written acknowledgement by the customer that Deliverables conform to order and contract requirements, or deemed acceptance after the contractual inspection period lapses without notice of defects.
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