281+-+Contract+Summary.docx

ND STATE CONTRACT INFORMATION

CONTRACT INTRODUCTION

This contract, through a Software Value-Added Reseller (VAR), allows you to purchase various software titles and related services at a percentage above reseller cost or a minimum percentage discount off manufacturer’s suggested retail price.

Each software publisher presents their own Terms & Conditions, which may include items we cannot agree to by law and rule. Before making a purchase, you need to have a Master License Agreement or End User License Agreement with the publisher. Some key Terms that need to be included are data processing in the United States. See the IT Contract Template for other Terms that should be considered.

As of 4/1/2023 – the following requirements apply before ordering and executing publisher agreements:

· If you previously procured a software solution and need ongoing maintenance, the cost will determine how many resellers you must contact for quotes.

· Under $250,000 – you can request from one reseller, but we encourage quotes from multiple vendors under this contract, where available, as pricing levels vary from product to product.

· Over $250,000 – you must send to all resellers under this contract. If they do not offer the respective software, make note for your procurement file.

· If you are purchasing new solution/software or there was no prior competitive process to select software manufacturer, the following steps apply (take into consideration initial and ongoing costs to determine the level):

State Agencies—before any purchase, you must complete an NDIT Review by opening a request in the NDIT Service Catalog, under IT Architecture Review (aka IT Review)

· Before making a purchase, ensure you have a Master License Agreement or End User License Agreement in place with the publisher, no matter the dollar amount listed below.

· Under $10,000 - you can request a quote from one reseller, but we encourage quotes from multiple vendors under this contract, where available, as pricing levels vary from product to product.

· Over $10,000 and up to $100,000 — a quote request must be sent to all resellers. If they do not offer the software being requested, make a note for your procurement file.

· Over $100,000 — this contract cannot be used for new software solutions/purchases not already selected under a competitive process. You will need to procure competitively via a formal RFP unless approved with an Alternate Procurement.

CONTRACTOR INFORMATION

Check the State contract website for the contractor and contract administrator information.

COOPERATIVE PURCHASING

This contract is a cooperative purchasing contract established pursuant to North Dakota Century Code Sections 15.1-09-34(1)(k), 54-44.4-13, and 54-59-18. Though not a party to this contract, North Dakota State Colleges and Universities, K-12 schools, city, county, and local governments and nonprofit organizations established on behalf of public entities may purchase commodities and services under this contract.

ORDERING INFORMATION

Before making a purchase, ensure you have a Master License Agreement or End User License Agreement in place with the publisher.

What Can Be Purchased from This Contract – there are many software titles itemized in each Contractor pricing document (See SPO website) and there is catch-all category for any other non-listed publisher. There are some exclusions, listed below:

· Adobe – state agencies utilize SHI or NDIT. Higher Ed is free to use any reseller on this list

· Barracuda (only excluded for state agencies)

· Cisco (only excluded for state agencies)

· ESRI (excluded for state agencies and higher education)

· Microsoft (excluded for state agencies and higher education)

· Oracle (only excluded for state agencies)

Additionally, professional services are offered, which may include installation, configuration or customization, maintenance, training, and software advisory services about buying software.

How Do I Know Which Contractor to Select for My Purchase?

· Purchasers are encouraged to request quotes from each Contractor to determine the lowest price offered as it can vary by software title.

· Pricing structure varies, either a minimum discount off the manufacturer price or a max markup on reseller invoiced cost.

· Each product and vendor could have a different price so that’s why we recommend gathering quotes each time you have a need.

· Some Vendors charge a purchasing card processing fee (see info below). Be sure to factor that amount into your estimated quote to ensure you purchase from the lowest priced Vendor overall.

If I placed a prior order with optional years (for example – initial year plus two ongoing years) and the reseller is no longer included in the list of vendors, what do I do?

· Determine the cost for the option years and follow the thresholds above for ongoing maintenance to determine the number of resellers under this contract you must contact.

· If none of the resellers under this contract can quote the option years or don’t have this product offering, an Alternate Procurement will need to be submitted showing your outreach to current vendors and documentation that they cannot provide a quote or conduct a formal competitive process (IFB or RFP).

Purchasing Card: None of the vendors charge processing fees, no matter the purchase amount.

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