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 2
- Issued by
- Kentucky
About this file
This document is a Contractual Definitions attachment for RFP 758 2600000509, an Original Equipment Manufacturer (OEM) Held Network Contract managed by the Kentucky Department of Education (KDE) for the KETS Network Products and Services program. The attachment establishes standardized terminology and role definitions for participants in the contract procurement, including OEMs as prime contractors bearing full responsibility for performance and compliance, and authorized agents/resellers who market and support OEM products under the contract framework. Key service definitions include Managed Internal Broadband Services (MIBS), which encompasses operation, monitoring, and management of school district internal broadband networks consistent with E-Rate program requirements, and MiniBid processes that allow KDE or districts to conduct competitive selections among contract holders to determine best value for specific purchases.
The document establishes critical definitions for pricing and product eligibility, requiring OEMs to maintain dated, traceable Manufacturer's Suggested Retail Prices (MSRP) consistent across all channels and retain documentation for audit purposes. Price lists must clearly identify E-Rate eligible and ineligible products and services as determined by the FCC's Schools and Libraries Program administered by USAC. The definitions also clarify deliverables scope to encompass all tangible and intangible items including equipment, software, documentation, configurations, installation results, and reports. Acceptance procedures are defined to include written customer acknowledgement of conformance to order and contract requirements or deemed acceptance upon expiration of the contractual inspection period without notice of defects. Business day and calendar day definitions are specified to facilitate accurate scheduling and compliance timelines throughout contract execution.
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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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