Purchasing Division2019 Washington Street EastPost Office Box 50130Charleston, WV 25305-0130

State of West VirginiaSolicitation Response

Proc Folder: 226225

Solicitation Description: HEWLETT PACKARD DL380GEN9 24SFF OR EQUIVALENT SERVER

Proc Type: Agency Purchase Order

Date Issued Solicitation Closes Solicitation No Version

2016-07-13 SR 0803 ESR07131600000000151 113:30:00

VENDOR

000000219290

Y & S TECHNOLOGIES INC

FORINFORMATIONCONTACTTHE BUYER

Dusty J Smith(304) 558-9398dusty.j.smilh@wv.90v

Signature X FEIN #All offers subject to all tenns and conditions contained In this solicitation

Page:

DATE

FORM 10 : WV-PRC-SR-Q01

line Comm Ln Desc

HP PROllANT 380 GEN9 SERVEROR EQUIVALENT

Qty

1.00000

Unit Issue Unit Price

EA $8,898.000000

Ln Total Or Contract Amount

$8,898.00

Comm Code Manufacturer Specification Model #43211501

Extended Description: HP PROllANT 380 GEN9 SERVER OR EQUIVALENT

,

Page: 2

Y&Stechn~l~giesSolutions thot dn've results

Date07.13.)6

Solicital;on DOT 16000000 19

Proposal for Sen'crs

Proposal

Alief e:\'{ellsj\'i~research \\(' arc proposing a solution by Leno\'o. Lenovo is one of tile leading ComputerI lard ware manufactures ill the world. For the pasl twenty quarters they have highest growfh rale of any major PCmanufacture in the world. In addition their US headquancrs is localed in Raleigh North Carolina and nlliech SUPPOI1is handled b~ US technicians OUI of Atlanta. Ga. In addition. Lcnovo hus acquired vcry large and prestigiousaccounts. including [he NYC Board of Education (largest school district in the cDumry). Clark County SchoolDistrict (Las Vegas) and United Nations Elc. .

Servers

For the sen.('rs \\"eare suggesting the Lcnovo :'\3650 that meet Orexceeds the requirements and for your convenience\\t: are adding free of charge a RemOie Technical SUPPO/1 ( S 1 000 value). This service provides you rcmotetcchnical support by American engineers based out of Raleigh, NC. They will answer and walk YOlllhrough anyqucslions on how to set up features or settings on the System X3650 server. ~

Pricing

1'- ...

I~ C l1JJ1pOnrll I)esc ri pt ion Qnly Price Extended;

each I price II Server Lenovo System x3650 M5 1 S8,898.00 S8,898.00I X3650~\\'arralH~ ! c: years onsile Renair 24x7 4 hours resoonse J I SO SO~:rS Lenovo RTS for System x - Base - 3vr 1 SO SO:A~- Configuration ID 01 J SO SOI 6311 2.8m, IOAII00-250V. CI3 to IEC 320.C14 Rack Power Cable 2 SO SO! 597; Select Storage devices - no configured RAID required I SO SOI A5GI System x3650 M5 EIA Plate I SO SO! A5GF -,3650 MS 16-, 2.S" HS HDD AssemblY Kil (Single RAID) I SO SOI A5V6 System x3650 M5 System Fan Filler 2 SO SO. ,\3YZ : Serl'eRi\ID MS210 Si\S:SATA Controller J SO I SOl.9 A4 HDD Filler ASM GEN 3 4 SO SO. At~IL I Illtcgratt:"dMana2clllelll Module Advanced Upgrade I SO SOI A47G SUDerCaD Cable 425mm for Sen'RAID M5200 Series Flash J SO SO; A4EL i IIDD Filler ASM CiEN 3 Quad Filler I 2 i SO SO~ 16GB TruDDR4 Memory (2Rx4, I.2V) PC4-17000 CLIS 2 SO SOI 2133MHz LP RDIMMi A5 1 S)stem Documentation and Software-US English I I SO SO !I EY I ,L A5FC I System x3650 M5 WW Packaging 1 I SO SO ll AS~~~~.___ I. S~st~11l;\3650 M.5 Syslem Level Code .L..!...-J SO ! SO ;

t (718) 473-0284, option 1 xl000 J (718) 360-9627 E info@yandstech.com IV yandstech,com383 Kingston Ave, 5te 357 Brooklyn, NY 11213

ITo(al 58,898.00

Y&StechnoZogies."i ASFV I System x Enlerprise Slide I SO SO I, A5FX ' Syslem x Enlerprise 2U Cable Mana~ement Arnt (CMA) I SO I SO :i ASG5 I Svslem x3650 M5 Riser Bracket I SO SO' A5VS ; S\"Slem x3650 M5 Righi EIA for Storage Dense Model I SO SOI A3Z2 ServeRAID M5200 Series 2GB Flash/RAID 5 Up2radc I SO SOi ASFl . S\'stem x3650 M5 Power Paddle Card I i SO SOASFZ System x3650 M5 Riser Filler 1 SO SOA1"80 2TB 7,2K 12GbDs NL SAS 25" G3HS HDD 10 SO SOASEE Intel Xeon Processor E5-2630 v3 8C 2AGHz 20MB Cache I SO SO1866MHz 85W

i ASFH ! System x3650 M5 A.ene,' Label GBM I SO SO ,i A5EA I System x3650 M5 Planar

I SO SO' ASEV ! SVstcm x 750W I-lil!h Effirien<:v Platinum AC Power Suppi\' 2 SO SO!. AS~D --1- System x~6~0 M~ 25" Base withoul Power.Supplv I SO SOASf!' j System x,,6,0 ~1)PCIe RISer I (I xlG FH/I'L + I x8 FH'HL I I SO SO' SlolS)! Al8A 1600GB 10K 12Gbps SAS 25" G3HS HDD I SO SO, 92116 I No Preload Soecify

I SO ' SOI-A2.1X

I Confipuration InstructionSO SOController 01

I SO SO :I A2HP Confiouralion ID 0 II SO SO~A~6S ServeRAID M5200 Series 2GB Flash'RAID 5 Upgrade I SO I SOi

PIHcemenlI[A46P erveRAID M52JO SAS/SAlA Controller Placement J SO SO; A2XA ! Base 5374-FTI Starting Point

I SO SO I

We CJn pl'Ovide dt;'li\'c~ within ~8 days ARG. Our price includes shipping and h'alldling.

Referenccs

I) Na\':ljo Nalion 'VIC PrognUIl. \\'indo\\' Rock. AZ sold over £98.000 of Desktops. Imaging Services waccessories Contact: Harr~Bowman. IT Director Ph ;;:505-879-6090.

2) I)all\'illl' Area Community College. IL Sold over S250.01l0 ofLenovo notebook and desk lOpS. COl1ltl('1lnfo: .Jeff Williams it director Phi: ~ 17-443-8763,

J) City of Hakcrsfield. C A sold O\.er 580.000 of Lenovo notebooks 3nd Accessories. Contnc!: BuffieKaiser Ph -::661.326.3~83.

4) Trinidad Slate .Iuniol' College. Trinidad CO, I\'e sold over S.15, 000 worth of Leno\'o Laplops andslTvices. The point of contact is Doug Bnk who is the DirecloroflT. Doug can be reached at ::::719.846-5:; 13. E-mail dou~.bakr(j';lrinidadslate.edLJ,

t (718) 473-0284, option 1 x1000 f (718) 360-9627 e info@yandstech.com II' yaodstech,com383 Kingston Ave, Ste 357 Brooklyn, NY 11213

j'

Y&Stechn~l~giesSolutions thot drive results

Point of ('autar!

r-v1ordy Finck (VP ofOpernlinns) will be your point ofeontac! for this contmet and will assist the Authority

and its pefsonnd in any matters related to this contract. COrHatt information is as follo\\'s: PH tn 18.473.028.:J Ext200. 1:>maill11ordvra.vandstech.cO/ll.

Brief History or Our Company

Y&S Technologies have b('~n in business for ov('r six ycars with our primary foctls ollihe education andgovcrnment sectOr, Our senior staffs have over 30 years of combined experience, selling and servicing the academicand go\'~rnl1lcnt market. Y & S Technologies was established in the midst orlhe worst recession since the GreatDepression. We have not only survived but \\"e have grown Ollf business every year by a minimum of20%. We offerour Customers highl) cOlllpetith'e solutions. the beSt products al the best prices. and a high level of service andSUPPOI1.Thesc directly contribute to our successful and cxpanding business.

If)Oll should need all) furtlll'r information ph~ase feelll'ce to contact me at YOUf (,JflieSI convenience.Thanking lor the 0ppOJ1tmity 10 do business with your organizalion.

Mordy Finck

VI' of OperationsY&S Technologies

t (718) 473-0284, option 1 x1000 f (718) 360-9627 e info@yandstech.com w yandstech.com383 Kingston Ave,Ste 357 Brooklyn, NY11213

INSTRUCTIONS TO VENDORS SUBMITTING BIDS(Agency Delegated Procurements Only)

I. REVIEW DOCUMENTS TI-JOROUGIILY: The attached documents contain a solicitationf()r bids. Ploase read thesc instructions and all doeumems attached in their entirety. Theseinstructions provide critical infonnation about rcquircments that if ovcrlooked could Icad 10

disqualilication ofa Vendor's bid. All bids must be submilled in accordance with the provisionscontained in thcse instructions and the Solicitation. Failure to do so may result in disqualificationof Vendors bid.

2. MANDATORY TERMS: The Solicitation may contain mandatory provisions identified bythe usc of the words "must." "will," and "shall." Failure to comply with a mandatory term in theSolicitation will result in bid disqualification.

3. BID SUB:\HSSION: All bids must be submitted electronically through wvOASIS or signedand delivered by the Vendor to the Agency on or before the date and time of the bid opening.Any bid received by the Agency staff is considered to be in the possession of the Agency andwdlnot be returned for any reason.

-to ADDENDUM ACKi\OWLEDGE!\IENT: Changes or revisions 10 this Solicitation will bemadc by an official addendum issued by the Agency. Vendor should acknowlcdgc receipt of alladdenda issued with this Solicitation by completing an Addcndum Acknowledgment Form. acopy of which is included herewith. Failure to acknowledge addenda may result in biddisqualification. The addendum aeknowledgemem should be submitted with the bid to expeditedocument processing.

5. BID FORMATTING: Vendor should type or electronically enter the information onto its bidto prevent errors in the evaluation. Failure to type or electronically enter the information mayresult in bid disqualification.

6. ALTERNATES: Any model. brand, or spccification listed in this Solicitation establishes theacccptable level of quality only and is not intended to reflect a preference for. or in any wayfavor. a particular brand or vendor. Vendors may bid alternates to a listed model or brandpro\'ided that the alternate is at least equal to the model or brand and complies with the required'pccl!ication;. Thc equality of any altcrnatc being bid shall be determined by the State at its solediscretion. An)' Vendor bidding an alternate model or brand should clearly identify the alternateitems in its bid and should include manufacturer's specifications, industry literature, and/or anyother relevant documentalion demonstrating the equality ofthl' alternilte items. Failure to provideinformation for alternale items may bc grounds for rejection of a Vcndor's bid.

7. EXCEPTIONS Ai\D CLARIFICATIONS: The Solicitation contains the specifications thatshall lorm the basis of a contractual agreement. Vendor shall clearly mark any exceptions.c1nrilic:llions, or other proposed modifications in its bid. Exceptions to. clarifications of ormodifications of a requiremem or term and condition of the Solicitation may result in biddisq ualification.

Revised 10/27/2015

8. REGISTRATION: Prior to Contract award. the apparent succcssful Vendor must bc properlyregistered with thc West Virginia Purchasing Division and must have paid the S125 fec. ifapplicable.

9. UNIT PRICE: Unit prices shall prevail in cases of a discrepancy in the Vendors bid.

10. PREFERENCE: Vendor Prcfercncc may only be granted upon written requcst and only inaccordance with the West Virginia Code S 5A.3-37 and the West Virginia Code of State Rules.A Vendor Preference Cenifieate form has been attached hcreto to allow Vendor to apply for thepreference. Vendor's failure to submit the Vendor Preference Cel1ificate form with its bid willresult in denial of Vendor Preference. Vendor Preference does not apply to constnlction projects.

J I. SMALL, WOMEN-OWNED, OR MINORITY-OWNED BUSINESSES: For anysolicitations publicly advcnised for bid. in accordance with West Virginia Code S5A-3-37(a)(7)and W. Va. CSR S 148-22-9, any non-resident vendor certified as a small. women-owned. orminority-owned business under W. Va. CSR S 148-22-9 shall be provided the same preferencemade available to any resident vendor. Any non-resident small, women-owned. or minority-owned business must identify itsclf as such in writing, must submit that writing to the PurchasingDivision with its bid. and must be properly certified under W. Va. CSR S 148-22-9 prior tocontract award to receive the preferences made available to resident vendors. Preference for anon-resident small. women-owned, or minority owned busine" shall be applied in accordancewith W. Va. CSR S 148-22-9.

12. ELECTRONIC FILE ACCESS RESTRICTIONS: Vendor must ensure that itssubmission in wvOASIS can be accessed by the Agency stall' immediately upon bid opening.The Agcncy will consider any file that cannot be immediately opened and/or viewed at the timeof the bid opening (such as, encrypted files, password protected files, or incompatible files) to beblank or incomplete as context requires. and therefore unacceptable. A vendor will not bepermitted to unencrypt files, remove password protections, or resubmit documents after bidopening if thosc documents are required with the bid.

13. NON-RESPONSIBLE: The Purchasing Division Director reserves the right to reject thebid of any vendor as Non-Responsible in accordance with W. Va. Code of State Rules S 148-1-5.3, when the Director determines that the vendor submilling the bid does not have the capabilityto fully perfonn. or lacks the integrity and reliability to assure good-faith performance."

14. ACCEI'TANCE/REJECTION: The State may accept or reject any bid in whole. or in panin accordance with W. Va. Code of State Rules ~ 148-1-4.5. and * 148-1-6.4.b."

15. YOUR SUBMISSION IS A PUBLIC DOCUMENT: Vendors entire response to theSolicitation and the resulting Contract are public documents. As public documents. they will bedisclosed to the public following the bid/proposal opening or award of the contract, as requiredby the competitive bidding laws of West Virginia Code ~s5A-3-1 et seq., 5-22-1 et seq., 5G-I-1et seq. and the Freedom of Information Act in West Virginia Code *s 29B.I-1 ct seq.

Revised 10/27/2015

DO NOT SUBMIT MATERIAL YOU CONSIDER TO BE CONFIDENTIAL, A TRADESECRET. OR OTHERWISE NOT SUBJECT TO PUBLIC DISCLOSURE

Submission of any bid. proposal, or other document to the Purchasing Division constitutes yourexplicit consent to the subsequent public disclosure of the bid. proposal. or document. ThePurchasing Division will disclose any document labeled "confidential." "proprietary," "tradesccret." "privatc." or labeled with any other cla.im against public disclosure of the documents. tolI1c1udc any "trade secrets" as defined by West Virginia Code ~ 47-22-1 et seq. All submissionsare subject to public disclosure without notice.

Revised 10/27/2015

GENERAL TERMS AND CO~DITIONS:(Agency Delegated Procurements Only)

I. CONTRACTUAL AGREEMENT: Issuance ofa Award Document signed by the Agencyand approved as to form by the Attorney General's omce, if rcquired, constitutes acceptance ofthis Contract made by and between the State of West Virgima and the Vendor. Vendor'ssignature on its bid signifies Vendor's agreement to be bound by and accept the terms andconditions comained in this Contract.

2, DEFINITIONS: As used in this Solicitation/Contrac!' the following terms shall have themeanings attributed to them belo\\'. Additional definitions may be found in the specificationsincluded with this Solicitation'Contract.

2.1. "Agency" or "Agencies" means the agency. board. commission, or other entity of theState of West Virginia that is identified on the first pagc of thc Solicitation or any other publicentity seeking to procure goods or services under this Contract.

2.2. "Bid" or "I'roposal" means the vendors submitted response to this solicitation,

2..1, "Contract" means the binding agreement that is entered into betwecn thc State and theVendor to provide the goods or services requested in the Solicitation.

2.4, "Director" means the Director of the West Virginia Department of Administration.Purchasing Division.

2.5, "Purchasing Division" mcans the West Virginia Department of Administration, PurchasingDivision.

2,6. "Award Document" means thc document signed by the Agcncy and the PurchasingDivision, and approved as to form by the Attorney General, that identifies the Vendoras the contract holder.

2.7. "Solicitation" means the officill] notice of an opportunity to supply the State with goods orscrV1CCS.

2.8. "State" means the Stare of \Vest Virginia and/or any of Its ag~ncies. commissions. boards.elc. as context requires.

2,9, "Vendor" or "Vendors" means any entity sllbmitting a bid in response to the Solieitntion.the entity that has been selected as the lowest responsible bidder, or the entity that has been"warded the Contract as context requires.

Revised 10/27/2015

3. C01\TRACT TERM; RENEWAL: EXTENSION: The term of this Contract shall bedete1111ined in accordance with the category that has been identified as applicable to thisComraet below:

o Term Contract

Initial Contract Term: This Contract becomes effective on___ ... ... and extends for a period of .year(s).

Renewal Term: This Contract may be renewed upon the mutual written consent of the Agency.,mcl the Vendor. Any request for renewal should be submitted to the Agency thiny (30) claysprior to the expiration date of the initial contraetteml or appropriate renewal term. A Contractrenewal shall be in accordance with the terms and conditions of the original contract Rcnewal ofthis Contract is limited to sueccssive one (I) year periods or multiple renewalperiods of Icss than one year. provided that the multiple renewal periods do not exceed... months in total. Automatic renewal oflhis Contract is prohibited.

Delivery Order Limitations: In the event that this contract pennits dclivery orders. a deliveryorder may only be issued during the timc this Contract is in effect Any delivery ordcr issuedwithin one year of the expiration of this Contract shall be effective for one year from the date thedelivery order is issued. No delivery order may be extended beyond one year after this Contracthas expired.

o Fixed Period Contract: This Contract becomes cffective upon Vendor's rceeipt of the noticeto procccd and must be completcd within days.

o Fixed Period Contract with Renewals: This Contract becomcs effcctivc upon Vendor'sreceipt of the nOlice to proceed and part of the Contract more fully described in the attachedspecifications must be completed within __ . . .. __ days. Upon complction.the vendor agrees that maintenance. monitoring, or warranty services will be provided for.. _ . succcssive onc year pcriods or multiplc periods of less than one yearprovided that the multiple renewal periods do not exceed months in totaL

o One Time Purchase: The ten11 of this Contract shall run from the issuance of the AwardDocument until all of the goods contracted for have been delivcred. but in no event will thisContract eXlcnd for marc than one fiscal year.

o Other: Sce attached.

4. NOTICE TO PROCEED: Vendor shall begin performance of this Comract immediatelyupon receiving notice to proceed unless otherwise instructed by the Agency. Unlessotherwise specitied, the fully executed Award Document will be considered notice to proceed.

Revised 10/27/2015

5. QUANTITIES: The quantities required under this Contract shall be determined in accordancewith the category that has been identified as applicable to this Comract below.

o Open End Contract: Quantities listed in this Solicitation arc approximations only, based onestimates supplied by the Agency. It is understood and agreed that the Contract shall cover thequantities actually ordered for deli,'cry during the term of the Contract. whcthcr more or lessthan the quantities shown.

o Service: The scope of the servicc to be provided will bc more clearly defined in thespecifications includcd herewith.

o Combined Service and Goods: The scope of the service and deliverable goods to beprovided will be more clearly defined in the specifications included herewith.

o One Time Purchase: This Contract is for the purchase of a set quantity of goods that areidentified in the specifications included herewith. Once those items ha-'e been deli,'ered. noadditional goods may be procured under this Contract without an app!"Opnate change ordcrapproved by the Vendor, Agency. -Purchasing Division. and Attorncy General's office.

6. PRICING: The pricing set forth herein is firm for the life of the Contract. unless specifiedelsewhere within this Solicitation/Contract by the State, A Vendor's inclusion of priceadjustment provisions in its bid, without an express authorization from the State in thcSolicitation to do so, may rcsuli in bid disqualification.

7. EMERGENCY PURCHAS.~S: The Purchasing Division Director Illay authorize the Agenevto purchase goods or services in the open market that Vendor would otherwise provide under thisContract if those goods or services are for immediate or expedited delivery in an emergency.Emcrgencies shall include, but arc not limited to, delays in transportation or an unanticipatedincrease in the volume of work. An emergency purchase in the open market, approved by thePurchasing Division Director, shall not constitute of breach of this Contract and shall not entitlethe Vendor to any lorm of compensation or damages. This provi.sion docs not excuse the Statefrom fulfilling its obligations under a One Time Purchase contract.

8. REQUIRED DOCUMENTS: All of the items checked below must be provided to theAgency by the Vendor as specified below.

o BID BOND: All Vendors shall fumish a bid bond in the amount of five percent (5%) of thetotal amount of the bid protecting the State of West Virginia. The bid bond must be submittedwith the bid.

o PERFORMANCE BOND: The apparent successful Vendor shall providc a performancebond in the amount of . The perfonnanee bond must be received by thePurchasing Division prior to Contract award. On construction contracts. the performance bondmust be 100% of the Contra('t value.

Revised 10/27/2015

o LARORIMA TERIAL PAVM ENT RONO: The apparent successful Vendor shall provide alabor. malerial payment bond in the amount of 100% of the Contract value. The labor/materialpayment bond mUsl be delivered to the Purchasing Division prior to Contract award.

In lieu of the Bid Bond. Performance Bond, and Labor/Material Payment Bond, the Vendor mayprovide certified checks. cashier's checks. or irrevocable lellers of credit. Any certified check.cashier's check. or irrevocable Icller of credit providcd in lieu of a bond must he of Ihe sameamount and delivered on the same schedule as the bond il replaces. A leller of credit submilled inlieu of a performance and labor/material paymcntbond will only be allowed for projects under SIOO.OOO. Personal or business checks arcnot aCl'cptabk.

o MAI:>iTENANCE RONO: Thc apparem successful Vendor shall provide a IWO (2)year mailllenanee bond covering the roofing system. The maintenance bond llluSt beissued and delivered 10 the Purchasing Division prior to Comract award.

o INSURA.'\CE: The apparclll successful Vendor shall fumish proof of the followinginsurance prior to Comract award and shalilisl the SIDleas a eertificDle holder:

o Comlllercial General Liability Insurance: In the amoulll 01' _or more.

o Builders Risk Insur.nce: In an al110ulllcqual to J 00% of the amount of thc Contract.

oooooThc apparelll successlitl Vendor shall also fum ish proof of any additional insurance requiremelllscontained in the speci licalion> prior to Contracl award regardless of whether or not thaIinsurance requirement is listed above.

o UCENSE(S) / CERTlFlCA T10NS / PERMITS: In addition to anything requiredunder the Seelion entitled Licensing. of the General Tenns and Conditions. the apparenlsuccessful Vendor shall fumish proofofthe following licenses. certifications, and/or pemlitsprior to Contract award. in a fonn acceptable to the '\gency.

oooo

Revised 10(27(2015

The apparent succcssful Vendor shall also furnish proof of any additional licenscs orecrtifications contained in the specifications prior to Contract award regardlcss of whcthcr or notthat rcquirement is Iisted above.

9. WORKERS' COMPENSATION INSURANCE: The apparent successful Vendor shallcomply with laws relating to workcrs compensation. shall maintain workcrs' compcnsationinsurance whcn required, and shall furnish proof of workers' compensation insurance uponrequest.

10. LIQUIDATED DAMAGES: Vendor shall pay liquidated damagcs in the amount of___ . ... lor

________________________ . . "Thisclausc shall in no way be considered exclusive and shall not limit the State or Agency's right topursuc any othcr a,'ailable remedy.

11. ACCEPTANCE: Vendor's signature on its bid, or on the certification and signature pagc,constitutes an offer to the State that cannot be unilaterally withdrawn, signifies that the productor servicc proposcd by vcndor mccts thc mandatory requiremcnts contained in thc Solicitationfor that product or senice, unless otherwise indicated. and signifies acceptance of the terms andconditions cotllaincd in the Solicitation unless othenvisc indicated.

12. FUNnING: This Contract shall continue for the ternl stat cd herein. contingcntupon fundsbcing appropriated by the Legislature or otherwise being madc available. In the evcm funds arenot appropriatcd or othenvise made available, this Contract becomcs void and of no effcctbcginning on July I of thc fiscal year for which funding has not bcen appropriatcd or otherwisemade 'Ivai lablc.

13. PAYMEI'T: Payment in advance is prohibitcd LInder this Contract. Payment may only hemadc after the delivery and acceptance of goods or scrviccs. The Vcndor shall submit in"oices,in arrears,

14. TAXES: The Vendor shall pay any applicable sales. use. personal property or any othertaxes arising out of this Contract and the transactions contemplated thereby. The State of WestVirginia is exempt from federal and state ta"es and will not payor reimburse such taxes.

15. CA~CELLATION: The State reserves the right to cancel this Contract immediately uponwritten notice to the vendor if the materials or workmanship supplied do not conform to thespecifications contained in the Contract. The Purchasing Division Director may also cancel anypurchase or Contract upon 30 days writtcn notice to the Vcndor in accordance with WestVirginia Code of Statc Rules S 148-1-5.2.b.

16. TII\'1E: Time is of the essence with regard to all matters of time and performance in thisComrac\.

Revised 10/27/2015

.'.

17. APPLICABLE LAW: This Contract is governcd by and interprcted under West Virginialaw without giving effcct to its choicc of law principles. Any infomlation pro\'ided inspecification manuals. or any other SOurce. verbal or written. which contradicts or violates theWest Virginia Constitution. West Virginia Code or West Virginia Code of State Rules is voidand of no effect.

\IN. COMI'LIANCE: Vendor shall comply with all applicable federal, state, and local laws.regulations and"ordinances. By submitting a bid. Vendor acknowledges that it has reviewed,understands, and will comply with all applicable laws, regulations, and ordinances.

19. PREVAILING WAGE: Vendor shall be responsible for ensuring compliance withprevailing \\'age requirements and determining when prevailing v,tiJgc requirements arcapplicablc.

ZO. ARBITRATION: Any references made to arbitration contained in this Contract. Vendor'sbid. or in any American Institute of Architects documcnts pertaining to this Contract are herebydeleted. void. and of no effect.

ZI. MODIFICA nONS: This writing is the parties' final expression of intent. Notwithstandinganything contained in this Contract to the contrary, no modification Oflhis Contract shall bebinding witholJl mutual writtcn consent of the Agency. and the Vendor.

22. WAIVER: The failure of cit her pany to insist upon a strict perfonnance of any ofthc temlSor provision of this Contract. or to exercise any option, right. or remedy herein contained. shallnot be eonstnJed as a waiver or a relinquishment for the future of such tenn. provision. option.right. or remedy. but the same shall continue in full force and effect. Any waiver must beexpressly statcd in writing and signed by the waiving party. '

23. SUBSEQUENT FORMS: The tenns and conditions contained in this Contract shallsuperscde any and all subsequent terms and conditions which may appear on any fonndocuments suhmitted hy Vendor to the Agency or Purchasing Division such as price lists. ordcrforms. in\'oiccs. sales agreements. or maintenance agreements. and includes intcmct websites orother electronic documcnts. Acceptancc or usc of Vendor's forms docs not constitute acceptanceof the terms and conditions contained thereon.

24. ASSIGNM ENt: Neither this Contract nor any monies due. or to become due hereunder.may be assigncd by the Vendor without the express written consent of the Agency and any othergovernment agency or office that may be required 10 approve such assignments.

25. WARR}\NTY: The Vendor expressly warrants that the goods and/or services covered bythis Contract will: (a) conform to the specifications, drawings, samples, 01' other descriptionfumished or specified by the Agency: (b)be merchantable and fit for the purpose imended: and(el be fi'ce fTOmdefect in material and workmanship.

26. STATE EM PLOYEES: State employees are liot pemlilted to utilize this Contract forpersonal use and the Vendor is prohibited from pemlilting or facilitating the same.

Revised 10/27/2015

--------

32. \'E'IDOR CERTIFICA TIONS: By signing its bid or entering inlo this Contract. Vendorcenities (I) that its bid or offer was made without prior understanding. agreement. or eonncctionwith any corporation. liml. limited liability company. partnership. person or entity submitting abid or offer for the same matcriaL supplies. equipment or services; (2) that its bid or offer is in allrespects fair and without collusion or fraud; (3) that this Contract is accepted or entered intowithout any prior understanding. agrcemcnt. or connection to any othcr entity that could bcconsidered a violation of law: and (4) that it has reviewed this Solicitation in its entirety:understands th~ requirements, terms and conditions, and other information contained herein.Vendor's signature on its bid or offer also affirms that neither it nor its representatives have anyinterest. nor shall acquire any intercst. direct or indirect. which would compromise thcperfomlance of its services hereunder. Any such interests shall he promptly presented in detail tothe Agency. The individual signing this bid or offer on behalf of Vendor cet1ifies that he or she isauthorized by the Vendor to execute this bid or offer or any documents related thereto onVcndor's behalf; that he or she is authorized to bind the Vendor in a contractual relationship: andthat. to the best of his 01' her knowledge. the Vendor has properly registered with any Stateagency that Illay require registration.

33. PURCHASING CARD ACCEPTANCE: The State of West Virginia currently utilizes aPurchasing Card program. administered under contract by a banking institution. to processpayment for goods and services. The Vendor must accept the State of West Virginia'sPurchasing Card for payment of all orders under this Contract unless the hox below is cheekcd.

o Vendor is not required to accept the State of West Virginia's Purchasing Card aspayment for all goods and services.

34. VENDOR RELATIONSHIP: The relationship of the Vendor to the State shall be that of anindependent contractor and no principal-agent rclationship or employer-employee relationship iscontemplated or created by this Contract. The Vendor as an independent contractor is solelyliable for the acts and omissions of its employees and agents. Vendor shall be responsible forselecting. supervising, and compensating any and all individuals employed pursuant to the termsof this Solicitation and resulting contract. Neither the Vendor, nor any employees orsubcontractors of the Vendor. shall be deemed to be employees of the Slate for any purposewhatsoever. Vendor shall be exclusively responsible for payment of employees and contractors1'01' all wages and salaries, laxes, withholding payments, penalties, fees, fringe benefits,professional liability insurance premiums, contributions to insurance and pension, or otherdeferred compensation plans. including but not limited to. Workers' Compensation and SocialSecurity obligations. licensing fees, etc. and the tiling of all necessary documents. forms, andrClIlrnspel1inent to all of the foregoing. Vendor shall hold hannless the State, and shall providethe State and Agency with a defense against any and all claims including. but not limited to. theroregoing payments. withholdings, contributions. taxes, Social Security laxes. and employerincome lax returns.

35. INDEMNIFICATION: The Vendor agrees to indemnify, defend, and hold harmless theState and the Agency. their officers. and employees frol11and against: (I) Any claims or lossesror services rendered by any subcontractor. person, or linn performing or supplying services,materials. or supplies in connection with the performance of the Contrael: (2) Any claims or

Revised 10/27/2015

losses resuliing to an y person or entily injured or damaged by the Vendor, its orticers.employees. or subcontractors by the publication, translation. reproduction. delivery.perfonnance, use, or disposition of any data uscd under the Contract in a manner not authorizedby the Contract, or by Federal or State statutes or regulations; and (3) Any failure oflhe Vendor.its officers, employees. or subcontractors to observe State and Federal laws including. but notlimited to. labor and wage and hour laws,

36. PURCUASIJ'G AFFIDAVIT: In accordance with West Virginia Code * 5A-3-IOa. allVendors are required to sign, notarize, and submit the Purchasing Affidavit stating that neitherthe Vendor nor a related party owe a debt to the State in excess of S 1,000. The affidavlt l11ust besubmitted prior to award, but should be submitted with the Vendor's bid, A copy of thePurchasing A ffidavit is included herewith.

37. CONFLICT OF INTEREST: Vendor, its officers or l11embers or employees. shall notpresently have or acquire an interest, direct or indirect. which would conflict with or compromisethe performance of its obligations hercunder. Vendor shall periodically inquire of its officers.members and employees to ensure that a conflict of inlerest docs not arise, Any conflict ofinterest discovered shall be promptly presented in detail to the Agency,

38. REPORTS: Vendor shall provide the Agency and/or the Purchasing Division with thefollowing reports identified by a checked box below:

o Such reports as the Agency and/or the Purchasing Division may request. Requestedreports may include. but are not limited to, quantities purchased. agencies utilizing thecontract, total contract expenditures by agency. etc,

o Quat1erly reports detailing the total quantity of purchases in units and dollars. alongwith a listing of purchases by agency. Quarterly reports should be delivered to thePurchasing Division via email at rurchasing.rcq\lisitions(l!~wV.go\'.

39. BACKGROUND CHECK: In accordance with W. Va. Code ~ 15.20-3. the Director of theDivision of Protective Services shall require any service provider \vhosc employees arc regularlyemployed on the grounds or in the buildings of the CapilOl complex or who have access tosensitive or critical infomlation to submit to a fingerprint-based state and federal backgroundinquiry through the state repository. The service provider is responsible for any costs associatedwith the fingerprint-based state and federal background inquiry, After the contract for suchservices has been approved, but before any such employees arc permitted to be on the grounds orin tbe buildings of the Capitol complex or have access to sensitive or critical infoJ1nation, thesen'ice provider shall submit a list of all persons who will be physically present and working atthe Capitol complex to the Director of the Di,';sion ofProteetive Services for purposes ofverifying compliance with this provision. The State reserves the right to prohibit a servicepro\'ider'~ employees from accessing sensitive or critical information or 10 be present at theCapitol complex based upon results addressed from a criminal haekground check,

Service providers should contact the West Virginia Division of Protecti,'e Services by phone at(304) 558-9911 for more infonnation

Revised 10/27/2015

40. PREFERENCE FOR USE OF DOMESTIC STEEL PRODUCTS: Except whenauthorized by thc Director of the Purchasing Division pursuant to W. Va. Code ~ 5A-3-56, nocontractor may use or supply steel products for a State Contract Project other than those steelproducts made in the United States. A contractor who uses stecl products in violation of thissection may be subjcct to civil penalties pursuant to W. Va. Code ~ 5A-3-56. As used in thissection:

a. "Statc Contract Project'. means any erection or construction of, or any addition to,alteration of or other improvement to any building or structure, including. but not limitedto. roads or highways, or the installation of any heating or cooling or ventilating plants orother equipment, or the supply of and materials for such projects, pursuant to a contractwith the State of West Virginia for which bids were solicited on or after June 6, 200 I.b. "Steel Products" means products rolled. formed. shaped, drawn. extruded. forgcd. cast.fabricated or otherwise similarly processed, or processed by a combination of two ormore or such operations, from steel made by thc open heath. basic oxygen, electricfurnace. Bessemer or other steelmaking process. The Purchasing Division Director may.in writing. authorize the use offorcign stcel products if:c. The cost for each contract item used does not exceed one tenth of one percent (.1%) ofthe total contract cost or two thousand five hundred dollars ($2,500.00), whichever isgreater.For the purposes oflhis section. the cost is the valuc of the stccl product as delivered tothe project; ord. Thc Director of the Purchasing Division determines that specified steel materials arcnot produced in the United Statcs in sufficient quantity or otherwise are not reasonablyavailable to meet contract requirements.

41. PREFERENCE FOR USE OF DOMESTIC ALUMINUM, GLASS, AND STEEL: InAccordance with W. Va. Code ~ 5-19-1 et seq., and W. Va. CSR ~ 148-JO-I et seq., for everycontract or subcontract. subject to the limitations contained herein, for the construction,rcconstruction. alteration, rcpair, improvcmcnt or maintcnance of public works or for thcpurchase of any item of machinery or equipment to be used at sites of public works. onlydomestic aluminum, glass or steel products shall be supplied unless the spending officerdetennines, in writing, after the receipt of offers or bids, (I) that the cost of domestic aluminum,glass or steel products is unreasonable or inconsistent with the public intcrest of the State ofWest Virginia. (2) that domestic aluminum, glass or steel products are not produced in sufficientquantities to meet the contract requirements. or (3) the available domestic aluminum, glass, orsteel do not meet the contract specifications. This provision only applies to public workscontracts awarded in an amount more than fifty thousand dollars (S50.000) or public workscontracts that require more than tcn thousand pounds of stecl products.

The cost of domestic aluminum, glass, or steel products may be unreasonable if the cost is morethan twenty percent (20%) of the bid or offered price for foreign madc aluminum, glass. or steelproducts. If the domestic aluminum. glass or stecl products to be supplied or produced in a"substantial labor surplus area". as defined by the United States Department of Labor, the cost of

Revised 10/27/2015

domestic aluminum, glass, or steel products may be unreasonable if the cost is more than thinypercent (30%) of the bid or offered price for foreign made aluminum. glass. or steel products.This preference shall be applied to an item of machinery or equipment. as indicated abuve. whenthe item is a siugle unit of equipment or machinery manufactured primarily of aluminum. glassor steel, is part of a public works contract and has the sole purpose or of being a penn anent partof a single public works project. This provision does not apply to equipment or machinerypurchased by a spending unit for use by that spending unit and not as part of a single publicworks project.

All bids and offers including domestic aluminum, glass or steel products that exceed bid or offerprices including foreign aluminum, glass or steel products after application of the preferencesprovided in this provision may be reduced to a price equal to or lower than the lowest bid oroffer price for foreign aluminum, glass or steel products plus the applicable preference. If thereduced bid or offer prices arc made in writing and supersede the prior bid or offer prices, allbids or offers, including the redueed bid or offer prices, will be reevaluated in accordance withthis rule.

Revised 10/27/2015

ADDITIONAL TERMS AND CONDITIONS (Construction Contracls Only)

I. CONTRACTOR'S LICENSE: Wesl Virginia Code ~ 21-11-2 requires that all personsdesiring to perform contracting work in this stale be licensed. The West Virginia ContractorsLicensing Board is empowered to issue the contractor's license. Applications for a contractor'sIicensc may bc made by contacting thc West Virginia Division of Labor. West Virginia Codc ~21-11-11 requires any prospecli\'e Vendor to include the contractor's license numbcr on its bid.Failure to include a contractor's license numbcr on the bid shall result in Vendor's bid bcingdisqualified. Vcndors should includc a contractor's licensc numbcr in the space provided below.

Contractor's Name:

Contractor's License No. .. .

The apparenl successful Vendor must fumish a copy of its contractor's license prior to theissuance of a /\ ward Document. r

2. DRUG-FI~EE WORKPLACE AFFIDAVIT: W. Va. Codc ~ 21-10-5 provides that anysolicitation for a public improvement contract requires each Vendor that submits a hid for thework to submit at the same time an affidavit that the Vendor has a written plan for a drug freeworkplace policy. To comply with this law, Vendor must either complete the encloscd drug-freeworkplacc affidavit and submit the same with its bid or completc a similar affidavit that fulfillsall of the requirements of the applicablc code. Failure to submit the signed and notarizcd drug-Iree workplace affidavit or a similar affidavit that fully complics with the requircments of theapplicablc COlle, with thc bid shall result in disqualification of Vcndor's bid. Pursuant to W. Va.Codc 21-1 D-2(b) and (k). this pro\'ision does not apply to public impro\'ement contracts the\'alue of which is 5 I 00,000 or less or temporary Or emcrgency repairs.

2.1. DRUG-FREE WORKPLACE l'OLlCY: Pursuant to W. Va. Code ~ 21-1 D-4. Vendor andils subcontractors must implemcnt and maintain a written drug-free workplace policy thatcomplics with said article. The awarding public authority shall caneel this contract if: (I) Vendorfails 10 implcment and maintain a writtcn drug-free workplace policy described in the precedingparagraph, (2) Vcndor fails to providc information regarding implementation of its dlllg-freeworkplace policy at the request ofthc public authority: or (3) Vendor provides to thc publicauthority falsc infonnation regarding the contractor's drug-frcc workplace policy.

Pursuant to W. Va. Code 21-ID-2(b) and (k),this provision does not apply to publicimprovemcnl contracts the value of which is 5 I00.000 or less or temporary or emergency repairs.

3. DRUG FREE WORKPLACE REPORT: Pursuant to W. Va. Code S 21-1 D-7b, no Icss thanonce per year. or upon completion of the project, every contractor shall providc a certified reportto the public authority which let thc contract. for Conlracts over 525,000, the public authorityshall be the West Virginia Purchasing Division. For contracts of 525,000 or less. the publicauthority shall be the agency issuing the contract. The report shall include:(I) Information to show that the education and training service to the requirements or WestVirginia Codc ~ 21-1 D-5 was providcd:

Revised 10/27/2015

"

(2) The name ofthc laboratory cerlified by the United Slates Dcpartment ofHcalth and HumanScrvices or its successor that performs thc drug tests;(3) The average number of employees in connection with the construction on the publicimprovement;(4) Drug test results for the following categories including the number of positive tcsts and thenumber ofncgativc tests; (A) Pre-employment and new hires; (B) Reasonablc suspicion; (C)Post-accident: and (D) Random.

Vcndor should utilize thc attached Ccni/icd Drug Frce Workplace Report Covcrshcct whensubmitting the report required hereunder. Pursuant to W. Va. Code 21-1 D-2(b) and (k). thisprovision does not apply to public improvement contracts the value ofwhieh is S I00.000 or lessor temporary or emergency repairs.

4. AlA DOCUMENTS: All construction contracts that will be completed in conjunction witharchitectural services procured under Chapter 5G of the West Virginia Codc will be govemed bythc AlA A 101-2007 and A201-2007 or the A107-2007 documents, as amended by theSupplementary Conditions for the State of West Virginia, in addition to the tenns and conditionscontained herein.

5. SUBCONTRACTOR LIST SUBMISSION: In accordance with W. Va. Codc ~ 5-22-1.Thc apparent low biddcr on a contract for thc construction. altcration. decoration, painting orimprovemcnt of a ncw or existing building or structurc valucd at marc than S250.000.00 shallsubmit a list of all subcontractors who will perfomlmore than 525.000.00 of work on the projectincluding labor and materials. This provision shall not apply to any other construction projects.such as highway. mine reclamation. water or sewer projects. Additionally. ifno subcontractorswho will perftlrln more than $25.000.00 of work are to be used to complete the projcct. il will benoted on the subcontractor list.

a. Rcquired Infonnation. The subcontractor list shall contain the following information:i. Bidder's nameii. Name of each subcontractoriii. Liccnse numbers as required by W. Va. Code * 21-1 ].1 et. seq.iv. Notation that no subcontractor will be used to perfonn more than $25.000.00of work,when applicable

b. Submission. The completed subcontractor list shall be provided to the PurchasingDi\'ision within one business day of the opening of bids for rc\'iew. Failur12 to submit thesubcontractor list within one business day after the deadline for submitting bids shallresult in disqualification of the bid.c. Substitution of Subcontractor. Written approvalll1ust be obtained trom the StateS~ndi~ .Unit before any subcontractor substitution is permitted. Substitutions are not permittedunless:

i. The subcontraetor listed in the original bid has filed for bankruptcy:ii. The subcontractor in the original bid has been deban'ed or suspended: oriii. The contractor certifies in writing that the subcol1lractor listed in the originalbill fails. is unable. or rcfuscs to perfonn his subcontract.

Revised 10/27/2015

•

6. GREEN BUILDINGS MINIMUM ENERGY STANDARDS: In accordancc with ~ 22-29-4. all ncw building construction projects of public agencies that have not entered theschematic design phase prior to July I. 2012. or any building construction project receiving stategrant funds and appropriations. including public schools, that have not entered the schematicdcsign phase prior to July I, 2012, shall be designed and constructed complying with the ICCIntemational Energy Conservation Code, adopted by the State Fire Commission. and theANSI/ASHRAE/IESNA Standard 90. )-2007: Provided. That if any construction project has acommitment of federal funds to pay for a ponion .of such project. this provision shall only applyto the extcnt such standards arc consistcnt with the federal standards.

Revised 10/27/2015

ADDITIONAL TERMS AND CONDITIONS(Architectural and Engineering Contracts Only)

I. PLAN AND ORA WING DISTRIBUTION: All plans and drawings must be completed andavailable for distribution at least five business days prior to a scheduled pre-bid meeting for theconstruction or other work related to the plans and drawings.

2. PROJECT ADDENDA REQUIREMENTS: The Architect/Engineer and/or Agency shall berequired to abide by the following schedule in issuing eonstlUction project addenda. TheArchitect/Engineer shall prepare any addendum materials for which it is responsible. and a list ofall vendors that have obtained drawings and specifications for the project. TheArchitect/Engineer shall then send a copy of the addend om materials and the list of vendors tothe State Agency for which the contract is issued to allow the Agency to make any necessarymodifications. The addendum and list shall then be forwarded to the Purchasing Division buyerby the Agency. The Purchasing Division buyer shall send the addendum to all interested vendorsand. if necessal)'. extend the bid opening date. Any addendum should be received by thePurchasing Division at least founeen (14) days prior to the bid opening date.

3. PRE-BID MEETING RESPONSIBILITIES: The Architect/Engineer shall be available toattend any pre-bid meeting for the eonstlUetion or other work resulting from the plans. drawings.or specifications prepared by the Architect/Engineer.

4. AlA DOCUMENTS: Contracts for architectural and engineering services will be go\'ernedby the AlA document BIOl-2007. as amended by the Supplementary Conditions for the State ofWest Virginia. in addition to the tenns and conditions contained herein when procured underChapter 5G of the West Virginia Code. .

5. GREEN BUILDINGS MINIMUM ENERGY STANDARDS: In accordance with WestVirginia Code S 22-29-4. all new building construction projects of public agencies that have notentered the schematic design phase prior to July I. 2012. or any building construction projectreceiving state grant funds and appropriations, including public schools. that have not entered theschematic design phase prior to July!. 2012, shall be designed and constructed complying withthe ICC International Energy Conservation Code, adopted by the State Fire Commission, and theANSI/ ASHRAE/IESNA Standard 90.1-2007: Provided. That if any construction project has acommitment offederal funds to pay for a portion of such project. this provision shall only applyto the extent such standards are consistent with the federal standards.

Revised 10(27(2015

CERTIFICATIONAND SIGNATURE PAGE

By signing bela\\'. or submitting documentation through \\'vOASIS, I certify that I have reviewedthis Solicitation in its entirety: that I understand the requirements, terms and conditions, andother information contained herein; that this bid, offer or proposal constitutes an offer to theState that cannot bc unilaterally withdrawn; that the product or service proposcd meets themandatory requirements contained in the Solicitation for that product or service, unlessotherwise stated herein; that the Vendor accepts the terms and conditions contained in theSolicitation, unless otherwise staled herein; that 1am submitting this bid, offer or proposal forrcvicw and consideration; that I am authorized by the vcndor to execute and submit this bid,offer, or proposal, or any documents related thereto on vendor's behalf; that I am authorized tobind the vendor in a contractual relationship; and that to the best of my knowledge, the vendorhas propcrly registered with any State agency that may rcquire registration.

'jp.,rJ 0) 1fc \\'"oLe G-11~:5(Companv) 4

~ ~ 1Vt,,1rJl f!.;<j¥IL-rz.~~signature) (Representative Name, Title)

'1!s '/1~ °2'ii 1/0//((Phone Number) (Fax Number) (Date) J

Revised 10/27/2015

ADDENDUM ACKJ'iOWLEDGEMENT FORM

SOLICITATION NO.:

Instructions: Please acknowledge receipt of all addenda issued with this solicitation bycompleting this addendum acknowledgment fonn. Check the bo~ next to each addendumreceived and sign below. Failure to acknowledge addenda may result in bid disqualification.Acknowledgment: I hereby acknowledge receipt of the following addenda and have made thenecessary revisions to my proposal, plans and/or specification, etc.

Addendum Numbers Receivcd:(Check the bo~ next to each addendum received)

~Addendum No. I

o Addendum NO.2

o Addendum NO.3

o Addendum NO.4

o Addendum NO.5

o Addendum NO.6

o Addendum NO.7

o Addendum NO.8

o Addendum NO.9

o Addendum No. 10

I understand that failure to con finn the receipt of addenda may be cause for rejection of this bid.J furthcr understand that any verbal representation made or assumed to be made during any oraldiscussion held between Vendor's representati\'es and any state personnel is not binding. Onlythe infonnation issued in writing and added to the specifications by an official addendum isbinding. .

lPr"JtJ3 ",r7 }.IN'O COGI{; ~

,<,' Authorized Signaturc

1111 litDat~ 7NOTE: This addendum acknowledgement should be submitted with the bid to expeditedocument processing.

Revised 10/27/2015

REQUEST FOR QUOTATIONServer Hardware

SPECIFICA nONS

1. PURPOSE ANI) SCOPE: The West Virginia Department of Transportation issoliciting bids to establish a contract for the one time purchase of Hewlett PackardDUHOGen9 24SFF or equi\alent server.

2. DEFINITIONS: The terms listed below shall have the meanings assigned 10 thembelow. Additional definitions can be found in section 2 of the General Terms andConditions.

2.1 "Contract Item" means cnmponents provided by a qualified manufacturer that isauthorized to sell the equipment as more fully described by these specifications.

2.2 "Pricing Page" means the pages. eontai'ned in wvOASIS or attached as Exhibit A,upon which Vendor should list its proposed price for the Contract Items.

2.3 "Solicitation" means the official notice of an opportunity to supply the State withgoods or services that is published by the Department of Transportation.

2.4 "CAS" stands for column access strohe.

2.5 "I\1B" stands for megabyte.

2.6 "GB" stands for gigab)1e.

2.7 "II\\''' stands for hardware.

2.8 "I)DR" stands for distributed data structure.

2.9 "TB" stands for terab)1e.

2.10 "FlO" stands for factory installed option.

2.11 "FBWC" stands for flash based write cache.

2.12 "W" stands for wall.

2.13"GIIZ" stands for gigahertz.

2.14 "RA II)" stands for redundant array of independent disks.

Revised 10/27/2014

REQUEST FOR QUaT AnONServcr Hardwarc

2.1S"RPM" stands for rotations per minute.

2.16 "SAS" slands for serial attached small computer serial intcrface.

2.17 "SATA" slands for scrial advanced technology attachment.

3. GENERAL REQUIRE.\IEr-iTS:

3.1 ~landatory Contraetllem Requirements: Contract Hem must meet or exceed themandatory requirements listed below.

3.1.1 (l) HewleU Packard (HP) or equivalent filc server - HI' I'roliant DL3110GEN9 24 Small Form Factor or equivalent file server. Server must includefactory installed components listed below:

HI' Gen9 Intel Xeon E5-2630v3 (2.4 GHz/8core 20/MB/8SW FlOProcessor Kit - or equal.(2) HI' 16GB (lxI6) Dual Rank x4 DDR-2133 CASIS-15-IS RegisteredMemory Kit - or equal.HI' DL380 Gen9 2SFF FrontlRear SAS SATA Kit - or equal..(2) HI' 600 GB SAS 10K RPM SFF (2.5 inch) Enterprise Three YearWarranty Hard Drives - or equal.(10) HI' HB 12G SAS 7.2K RPM SFF (2.5 inch) 512e One YearWarranty Hard Drives - or equal.HI' 12 GB SAS Expander Card with cables.HI' Smart Array P44ar/2GB FBWC 12GB 2-Porls Int FlO Si\S Controller- or equal.HI' Ethernet I GB 4-l'orl 366 FLR Adapter - or equal..(2) HI' 800 Watt Flex SIOIPlatinum Hot Power Plug Power Supply Switch- or equal.HI' iLO Advanced .1Server License with 3 Year 24x7 Tech Support andUpdates - or equal.HI' 2U Small Form Factor Easy Install Rail Kit - or equal.HI' Three Year Four Hour 24x7 Proactive Care SVC - or equal.HI' I'roliant DL380 Gen9 support - or equal.iLO Advanced Non-Blade Three 'Year Support - or equal.HI' CI' Installation - or equal.300 Series HW Installation SVC - or equal.

Revised 10/27/2014

REQUEST FOR QUOTATIONServer Hardware

3.1.1.1 AII hardware components and warranty/support must be provideddirectly by hardware manufacturer.

3.1.1.2 Server must be compatible with Microsoft Windows Server 20 J 2and Microsoft SQL Server 2012. No operating system will beinstallcd on this server.

4. CONTRACT AWARD:

4.1 Contract Award: The Contract is intendcd to provide Agcncies with apurchase price for the Contract Items. The Contract shall be awarded to tbeVendor that provides the Contract Items meeting the required specificationsfor the lowest overall total cost as shown on the Pricing Pagcs.

4.2 Pricing Page: Vendor should complete the Pricing Page by providing a totalcost for the hardware being requested. Vendor should complete the PricingPagc in full as failure to complete the Pricing Page in its entirety may result inVendors bid being disqualified.

Vcndor should type or electronically enter the information into the Pricing Pageto prcvent errors in the evaluation.

5. PAYMENT:

5.1 Payment: Vendor shall accept payment in accordance with Ihe payment proceduresof the State of West Virginia.

Revised 10/27/2014

REQUEST FOR QUOTATIONServer Hardware

6. DELIVERY AND RETURN:

6.1 Shipment and Delivery: Vendor shall ship the Contract Items immediately afterbeing awarded this Contract and receiving a purchase order or notice to proceed.Vendor shall deliver the Contract Items within (20) twenty work days after receivinga purchase order or notice to proceed. Final cost shall include shipping charges.delivery chmges. Contract Items must be delivered to Department ofTranspol1ation/H ighways Information Services. Building 5. Room A-715. All servercomponents must be installed in the scrver at time of delivery.

6.2 Late Delivery: The Agency placing the order under this Contract must be notifiedin writing if the shipment of the Contract Items will be delayed for any reason. Anydelay in delivery that could cause harm to an Agency will be grounds for cancellationof the Contract. and/or obtaining the Contract Items from a third pal1y.

Any Agency seeking to obtain the Contract Items from a third party under thisprovision must first obtain approval of the Purchasing Division.

6.3 Delivery Payment/Risk of Loss: Vcndor shall deliver the Contract Items 1'.0.13.destination to the Agency's location.

6.4 Return of Unacceptable Items: If the Agency deems the Comract Items to bcunacceptable, tbe Contract Items shall be retumed to Vendor at Vendor's expenscand with no restocking charge. Vendor shall either make arrangements for the relllrnwithin fi,'e (5) days of being notified that items are unacceptable. or pennit theAgency to arrange for the return and rcimbursc Agency for delivery expcnses. If theoriginal packaging cannot be utilized for the return. Vendor will supply the Agencywith appropriate retulll packaging upon request. All returns of unacceptable itemsshall be 1'.0.13. the Agcncy's location. The returncd product shall either be replaced,or the Agency shall receive a full credit or refund for the purchase price, at thcAgency's discretion.

6.5 Return Due to Agency Error: Items ordered in error by the Agency will be returnedfor credit within 30 days of receipt. 1'.0.13. Vendor's location. Vendor shall notcharge a restocking fee if retumed products arc in a resalable condition. Items shallbe deemed to be in a resalable condition if they are unused and in the originalpackaging. Any restocking fcc for items not in a resalahle condition shall be thelower of the Vendor's customary restocking fcc or 5% of the total invoiced value ofthe returned items.

7 VENDOR DEI' AUL T:

Revised 10/27/2014

ARFQ DOT1G. 19

Technical Questions

Question 1: "We received your RFQ for the HP DL380 server, but there was no configurationattached. There are countless variations of builds for this Server with differentprocessors, memory and drives etc. Please send us the configuration that youare requesting to be quoted. If someone needs assistance with coming up witha configuration to suit your needs, we can provide that technical supportneeded."

Answer 1: All the configuration information for the HP PreLiant DL380 GEN9 Server can be found insection 3.1.1 of the RFQ document.

Question 2: "I am working on your request for quote for the HP DL380 G9 Server. My question is, isthere a specific configuration that you are looking for in this server; i.e., total memory,Processor size, Hard Drivels) etc.? The request for quote was a little vague."

Answer 1: All the configuration information for the HP PreLiant DL380 GEN9 Server can be found insection 3.1.1 of the RFQ document.

///' .

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1

WV.10Approved I Revised12;16/15

State of West VirginiaVENDOR PREFERENCE CERTIFICATE

2.o3.o

7.

6.o

4.ob

Certification and applicafion is hereby made for Preference in accordance with West Virginia Code, ~5A.3.37. (Does not apply 10construction conlracts). West Virginia Code, ~5A.3.37, provides an opportunity for qualifying vendors to request (at the lime of bid)preference for their residency status. Such preference is an evaluation method only and will be applied only to the cosl bid inaccordance with the West Virginia Code. This certificate for application is to be used 10request such preference. The PurchasingDivision will make the determination at the Vendor Preference, if applicable.

1. Application is made for 2.5% vendor preference for the reason checked:o Bidder is an individual resident vendor and has resided continuously in West Virginia for four (4) years immediately preced.ing the date of this certification: or,o Bidder is a partnership. association or corporafion residenf vendor and has maintained its headquarters or principal place ofbusiness conlinuously in West Virginia for four (4) years immediately preceding the date of this certificafion:

o Bidder is a resident vendor partnership, association, or corporation with at least eighty percent of ownership interestof bidder held by another entity that meets the applicable four year residency requirement: or,

o Bidder is a nonresident vendor which has an affiliate or subsidiary which employs a minimum of one hundred state residentsand which has maintained its headquarters or principal place of business within West Virginia continuously for the four (4)years immediately preceding the date of this certification: or,

Application is made for 2.5% vendor preference for the reason checked:Bidder IS a resident vendor who certifies that. during the life of the contract. on average alleast 75% of the employeesworking on the project being bid are residents of West Virginia who have resided in the stafe continuously lor the two yearsimmediately preceding submission of this bid: or,

Application is made for 2.5% vendor preference for the reason checked:Bidder is a nonresident vendor that employs a minimum of one hundred state residents, or a nonresident vendor whichhas an affiliate or subsidiary which maintains its headquarters or principal place of business within West Virginia andemploys a minimum of one hundred state residents, and for purposes of producing or distributing the commodities orcompleling the projecl which is the subject of the bidder's bid and continuously over the entire term of the project. onaverage at least seventy. five percent of the bidder's employees or the bidder's affiliate's or subsidiary's employees areresidents of West Virginia who have resided in the state continuously for the two immediately preceding years and thevendor's bid: or,

Application is made for 5% vendor preference for the reason checked:Bidder meets either the requirement of bofh subdivisions (1) and (2) or subdivision (1) and (3) as stated above; or,

Application is made for 3.5% vendor preference who is a veteran for the reason checked:Bidder is an individual resident vendor who is a veteran of the United States armed forces, the reserves or the National Guardand has resided in Wesf Virginia continuously for the four years immediately preceding the date on which the bid issubmitted: or,

Application is made for 3.5% vendor preference who is a veteran for the reason checked:Bidder is a resident vendor who is a veteran of the United States armed forces, the reserves or the National Guard. if, forpurposes of producing or distributing the commodities or completing the project which is the subject of the vendor's bid andcontinuously over the entire term of the project, on average at least seventy.five percent of the vendor's employees areresidents of West Virginia who have resided in the state continuously for the two immediately preceding years.

Application is made for preference as a non-,resident small, women- and minority-owned business, in accor-dance with West Virginia Code ~5A-3-59 and West Virginia Code of State Rules.o Bidder has been or expects to be approved prior 10contract award by the Purchasing Division as a certified small, women.and minority.owned business.

Bidder understands if the Secretary of Revenue determines that a Bidder receiving preterence has failed to continue fa meet therequirements for such preference. the Secretary may order the Director of Purchasing 10:(a) rescind the conlract or purchase order:or (bl assess a penally against such Bidder in an amount not to exceed 5% of the bid amount and that such penalfy will be paid tothe contracting agency or deducted from any unpaid balance on the contract or purchase order.

By submission of this certificate, Bidder agrees to disclose any reasonably requested information to the Purchasing DiviSion andauthorizes the Department of Revenue to disclose to the Director of Purchasing appropriate information verifying that Bidder has paidthe required business taxes, provided that such information does not contain the amounts of taxes paid nor any other informationdeemed by the Tax Commissioner to be confidential.

Bidder hereby certifies that this certificate is true and accurate in all respects; and that if a contract is issued to Bidderand if anything contained within this certificate changes during the term of the contract, Bidder will notify the Purchas-ing Division in writing immediately.

Bidder: _

Date:------------------5igned: _

Title: --------------------Cheer, any combmallon of preference consideration(s, mdicated above. wfJlch you arc entitled to receive

REQUEST FOR QUOTATIONServer Hardware

7.1 The following shall he considered a vendor default under this Contract.7.1.1 Failure to provide Contract Items in accordance with the requirements

contained herein.

7.1.2 Failure to comply with other specifications and requirements containedherein.

7.1.3 Failure to comply with any laws, rules, and ordinances applicable to theContract Services provided under this Contract.

7.1.4 Failurc to remedy deficient perfomlance upon request.

7.2 The following remedies shall be available to Agency upon default.

7.2. J Immediate cancellation of the Contract.

7.2.2 Immediate cancellation of one or more release orders issued under thisContract.

7.2.3 Any other remedies available in law or equity.

Revised 10/27/2014

STATE OF WEST VIRGINIAPurchasing Division

PURCHASING AFFIDAVITMANDATE: Under W. Va. Code ~5A-3-10a. no contract or renewal 01 any conlracl may be awarded by the state or anyof its political subdivisions to any vendor or prospective vendor when the vendor or prospective vendor or a related partyto the vendor or prospective vendor is a debtor and: (1) the debt owed is an amount greater than one thousand dollars inthe aggregate: or (2) the debtor is in employer defaul!'

EXCEPTlON: The prohibition listed above does not apply where a vendor has contested any tax administered pursuant tochapter eleven of the W. Va. Code. workers' compensation premium, permit lee or environmental lee or assessment andthe matter has not become final or where the vendor has entered into a payment plan or agreement and Ihe vendor is notin default of any of the provisions of such plan or agreement.

DEFINITIONS:

"Debt" means any assessment, premium, penalty, fine, tax or other amount of money owed to the state or any 01 lispolitical subdivisions because of a Judgment, fine, permit violation, license assessment, defaulted workers'compensation premium. penalty or other assessment presenlly delinquent or due and required to be paid to the stateor any of its political subdivisions. including any interest or additional penalties accrued thereon.

"Employer default" means having an outstanding balance or liability to the old fund or to the uninsured employers'lund or being in policy default, as defined in W. Va. Code ~ 23-2c-2, failure to maintain mandatory workers'compensation coverage, or tailure to fully meet its obligations as a workers' compensation self-insured employer. Anemployer is not in employer default II it has entered into a repayment agreement with the Insurance Commissionerand remains in compliance with the obligations under the repayment agreement.

"Related party" means a party, whether an indi-'lidual, curporation, partnership, association, limited liability companyor any other form or business association or olher entity whatsoever, related to any vendor by blood, marriage.ownership or contract through which the party has a relationship of ownership or other interest with the vendor so thatthe party will actually or by effect receive or control a portion of the benefit, prolit or other consideration fromperformance of a vendor contract with the party receiving an amount that meets or exceed five percent of the totalcontract amount.

AFFIRMATION: By signing this form, the vendor's authorized signer affirms and acknowledges under penalty oflaw for false swearing (W. Va. Code 961-5-3) that neither vendor nor any related party owe a debt as definedabove and that neither vendor nor any related party are in employer default as defined above, unless the debt oremployer default is permitted under the exception above.

WITNESS THE FOLLOWING SIGNATURE:

Vendor's Name: ': A, .s. J Q... <,,(, /'\ j) I.oj I' Q-.j. _

Authorized Signature: -c!!J.---tl1----. . Date fL2!- ii]-l~-_.-

J

Joseph KatzoffNotary PuIlIic Stateof NewYorl<

QJaIified In Kings County No. 24-6013359CommissionExpires September14.2018.

State Of__ J_r. .__County of _.-kiLls.s .to-wit: II

( t' . (Taken. subscribed. and sworn to before me this ~ day at J U L ' .201I...----~I--.------

:~::::::i~nE:x~ires_- q~b-N-O-T-':~.U, IIPUTchaS(ng 1tfidaVit (Revised 08/01:'2015)

..•..

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':' SYSTEM x3650 M5,

SPECIFICATIONS,, FORM FACTOR/HEIGHT 2U RackI

PROCESSOR (MAX)! Up to two intel@Xeon@ processors E5-2600 v3 series with up to 18 cores eachlCACHE (MAX) Up to 45 MB per processor

: MEMORY (MAX) Up to 1.5 TB with SK Hynix 64 GB TruDDR4'M Memory LRDIMMs; System supports RDIMM/LRDIMM

DISK BAYS Up to 24 front and 2 rear 2.5-inch HDDs/SSDs; or up to 12 3.5-inch and 2 rear 3.5-inch HDDs +2 rear 2.5-inch HDDslSSDs; or up to 8 3.5-inch HDDs and 2 rear 3.5-inch or 2.5-inch HDDs/SSDs(model dependent)

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INTERNAL STORAGE Upto 100TB

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PC4-17000 Cll5 2133 MHz lP RDIMM

95Y4812

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OOFP644

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lYD03188-USEN-Q3