Attachment F - Contractual Definitions OEM Held Network Contract RFP 758 2700000070.docx
DOCX document 34 KB Posted
- Attached to
- KETS Network Products and Services Rebid
- Solicitation number
- RFP 758 2700000070 2
- Issued by
- Elliott County, Kentucky
About this file
This is a contractual definitions attachment for RFP 758 2700000070, a KETS Network Products and Services rebid managed by Kentucky Department of Education (KDE) as an Original Equipment Manufacturer (OEM) held network contract. The document establishes definitions for key terms governing the procurement of network products and services, including managed internal broadband services (MIBS) for school districts in accordance with FCC E-Rate program requirements. The contract framework allows OEMs to serve as prime contractors with authorized agents and resellers, with the OEM bearing full responsibility for performance, compliance, delivery, installation, warranty, and all associated support activities.
The pricing structure requires OEMs to provide dated, traceable Manufacturer's Suggested Retail Prices (MSRP) consistent across all channels, along with formal price lists identifying contract-eligible SKUs, services, part numbers, descriptions, discounts, net pricing, and E-Rate eligibility determinations. The contract incorporates competitive selection processes through MiniBids conducted by KDE or districts to ensure best value procurement. Acceptance of deliverables occurs through written customer acknowledgment that products and services conform to order requirements, or through deemed acceptance upon expiration of the contractual inspection period. The definitions establish clear liability structures whereby agents and resellers act on behalf of OEMs while the OEM retains full contractual responsibility, and require maintenance of supporting documentation for all E-Rate eligibility determinations and pricing information for audit purposes.
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Attachment F – RFP 758 2700000070 KETS Network Products and Services rebid 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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