Response to the State of Nevada for Copiers, Printers and
Related Devices from Hewlett-Packard Company
Part IA – Technical Proposal
Hewlett-Packard Company 3000 Hanover Street Palo Alto, CA 94304-1185 www.hp.com
August 20, 2014 @ 2:00 PM PDT RFP: 3091
Hewlett-Packard Company 3000 Hanover Street Palo Alto, CA 94304-1185 www.hp.com
August 20, 2014
Ms. Shannon Berry Assistant Chief Procurement Officer State of Nevada 515 E. Musser Street, Suite 300 Carson City, NV 89701 Email: [email protected]
Nancy Lenkowski Dear Ms. Berry: Contracts Administrator Americas Contracts The Hewlett-Packard (HP) Company is pleased to submit our proposal response to the State Operations of Nevada, Purchasing Division, on behalf of the State of Nevada and WSCA-NASPO Tel.: +1 404 774-0255 Cooperative Procurement Program (“WSCA-NASPO”) for Copiers, Printers and Related [email protected] Devices. HP recognizes and appreciates that the WSCA-NASPO Cooperative Procurement Program is hard work, and we realize the magnitude of this effort. With that in mind, HP stands ready to assist WSCA-NASPO with your continuing best-in-class efforts.
Hewlett-Packard has held a WSCA-NASPO contract since 1999. With this contract replacing the Printer Band from the PC contract, HP expects to generate $100M annual revenue for product purchases. Services options will provide even more savings for the total cost of ownership utilizing this valuable contract. Participating States and procuring entities have realized a large amount of savings, allowing them to get more technology into the hands of State and Local Government, as well as, educational entities. In responding to this RFP, HP commits to continue our successful record of accomplishment, and leverage our talents, resources and experience for the continued success of a WSCA-NASPO Copiers, Printers and Related Devices contract supporting participating States and individual agencies in over 40 States.
HP’s response describes our unmatched ability to meet Participating State and procuring entities requirements with products that incorporate leadership technologies and are backed by an award winning support services organization and strong alliances. HP’s history of developing and supporting superior and highly reliable products is demonstrated by our reputation and recognition of market leadership and innovation in the imaging and printing industry. HP’s proposed offering builds on many key technology and business differentiators including:
Flexible Options on How to Save More with Volume Purchasing and Leasing Alternatives – While most procuring entities simply want a better price to obtain real time savings for their tight budgets some may want the flexibility of Volume Savings options. HP has provided several options that are used in today’s contract and available under a new contract with HP. Through HP Financial Services we offer flexible lease terms—you may choose to be invoiced monthly or quarterly, in advance or in arrears. Additionally, you may be able to bundle your hardware, software, services, and certain ancillary costs into your lease for added convenience. At the end of the lease term, you may decide to purchase the equipment, return it to HPFS, or extend your lease term. We don’t want to limit the procuring entities’ savings options, but rather offer an array of options to meet each procuring entity’s specific savings needs.
August 20, 2014 Dedicated Management Team - HP understands that cultivating a successful, long-term Page 2 relationship with customers requires a knowledgeable management team that consistently meets or exceeds expectations. HP will continue to provide an assigned Primary Account Representative that is part of the HP Program Management team to support each participating state and procuring entity. This dedicated contact supports the day-to-day contract management, administrative activities and marketing requirements of the contract with the Vice President of Public Sector support, along with other management team escalations. Equally important is that HP has a U.S.-wide field team dedicated to State and Local Government and Education sales to assist with pre- and post-sales needs.
Environmental Leadership – As an environmental leader, HP can assist WSCA-NASPO reduce its carbon footprint through energy efficient products, reuse and recycling programs, and compliance with eco-label standards. Our efforts to innovate and design for a better and safer environment represent a long-standing commitment rather than a recent trend.
HP Business Partners - Another key advantage of the HP proposal is the option for contract users to involve a local HP business partner (reseller agent/fulfillment subcontractor).
Preference Programs - One of the great benefits that HP will continue to provide WSCA- NASPO is HP’s use of small, economically disadvantaged, minority and women-owned businesses to support the contract through HP’s Public Sector Reseller Agent, Fulfillment Subcontractor, and Service programs. Through these programs, each Purchasing Entity will have the ability not only to meet its specific participation for these groups, but also to reinvest in the local community, in which these groups do business.
e-Business Capabilities - HP has established e-Commerce web-based offerings, as well as, implementing specific functionality based on an entity’s unique needs. On-line quotes, ordering, order feedback, order status, order history, and various order approval levels are all benefits of the HP web offering.
Customer Satisfaction - HP’s emphasis on quality, customer satisfaction and the total customer experience is a top priority for us. HP strives to provide the best experience, from placing an order for one unit, to project/standard initiation, to implementation, and support. With the support of HP’s sales team, the Primary Account Representative, and the support of the HP management team, our goal is to exceed your expectations.
Imaging and Printing Market Leadership and Recognition – HP has more than 25 years of experience with imaging and printing in enterprise environments - giving us deep understanding of our customers’ challenges and business opportunities. Over this time HP has been known as an innovator for its ingenuity, creativity, and market leadership. Moreover, we embed world class technologies into our products that offer flexibility, investment protection and superior performance. Some of the feature-rich technologies include advanced manageability, security, and extensibility with HP’s Web Jetadmin and the HP Universal Print Driver. Additionally with HP FutureSmart firmware and HP Open Extensibility Platform we showcase our commitment to providing compatibility and cost- effective deployment, ensuring today’s devices can deploy tomorrow’s solutions. And finally HP is recognized as a leader in environmental solutions and provides the WSCA-NASPO eligible entities the most ENERGY STAR qualified printers and multifunction printers in the industry as well as the HP “Planet Partners” return and recycling program.
HP Response to the State of Nevada RFP 3091 August 20, 2014
Important Notice
If HP's proposal is submitted in both electronic and hard copy formats and the contents differ, only the hard copy will constitute the valid HP proposal. If no hard copy is submitted and if the content differs between the PDF version and any other electronic format, only the PDF version will constitute the valid HP proposal.
© Copyright 2014 Hewlett-Packard Development Company, L.P.
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HP Response to the State of Nevada RFP 3091 August 20, 2014
Tab I – Title Page Part IA – Technical Proposal RFP Title: Copiers, Printers and Related Devices RFP: 3091 Vendor Name: Hewlett-Packard Company Address: 3000 Hanover Street Palo Alto, CA 94304-1185 Proposal Opening Date: August 20, 2014 Proposal Opening Time: 2:00 PM
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HP Response to the State of Nevada RFP 3091 August 20, 2014
Tab II: Table of Contents Cover Letter ...... 2 Tab I – Title Page ...... 6 Tab II: Table of Contents ...... 7 Tab III: VENDOR INFORMATION SHEET ...... 8 Tab IV: State Documents ...... 9 Tab V: Attachment B – Technical Proposal Certification of Compliance with Terms and Conditions of RFP ...... 22 Tab VI: Section 3 – Scope of Work ...... 32 3.1 Segments ...... 32 3.2 Proposal Requirements ...... 34 3.3 Project Provisions...... 36 3.4 Device Configurations ...... 47 3.5 Service Requirements ...... 57 3.6 Environmental Requirements ...... 68 3.7 Technology Requirements ...... 72 Tab VII: Section 4 – Company Background and References ...... 75 4.1 Vendor Information ...... 75 4.2 Subcontractor Information ...... 81 4.3 Business References ...... 92 4.4 Vendor Staff Resumes ...... 95 Tab VIII: Attachment G – Proposed Staff Resume ...... 96 Tab IX: Other Informational Material ...... 102
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Tab III: VENDOR INFORMATION SHEET
Copiers, Printers and Related Devices RFP No. 3091 Page 8 of 102
HP Response to State of Nevada RFP 3091 August 20, 2014
Tab IV: State Documents 9.2.3.4 - The State documents tab must include the following: A. The signature page from all amendments with an original signature by an individual authorized to bind the organization. Response: Please see the signed signature page from WSCA-NASPO in Amendment 1 – 071714 (3091a.doc) and WSCA-NASPO in Amendment 2 – 073114 (3091b.doc) following this page.
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HP Response to State of Nevada RFP 3091 August 20, 2014
B. Attachment A – Confidentiality and Certification of Indemnification with an original signature by an individual authorized to bind the organization. Response: Please see Attachment A – Confidentiality and Certification of Indemnification following this page.
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HP Response to State of Nevada RFP 3091 August 20, 2014
C. Attachment C – Vendor Certifications with an original signature by an individual authorized to bind the organization. Response: Please see Attachment C – Vendor Certification following this page.
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HP Response to State of Nevada RFP 3091 August 20, 2014
D. Attachment K – Certification Regarding Lobbying with an original signature by an individual authorized to bind the organization. Response: Please see Attachment K – Certification Regarding Lobbying following this page.
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HP Response to State of Nevada RFP 3091 August 20, 2014
E. Copies of any vendor licensing agreements and/or hardware and software maintenance agreements. Response: HP has provided a current services agreement 9.2.3.4E – HP Sample Statement of Work. HP Print Services Agreement – Sample – 3.5.8a and 3.5.8b. F. Copies of applicable certifications and/or licenses. Response: HP has read and acknowledges it is responsible for complying with all laws and regulations applicable to its business and the provision of the services. Customer is responsible for complying with all laws and regulations applicable to its business and its receipt or use of the services. Customer imposed license requirements that exceed what is customary for delivery of commercial services, must be disclosed to Vendor and mutually agreed upon prior to acceptance of order(s).
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HP Response to State of Nevada RFP 3091 August 20, 2014
Tab V: Attachment B – Technical Proposal Certification of Compliance with Terms and Conditions of RFP A. Attachment B with an original signature by an individual authorized to bind the organization must be included in this tab. B. If the exception and/or assumption require a change in the terms or wording of any section of the RFP, the contract, or any incorporated documents, vendors must provide the specific language that is being proposed on Attachment B. C. Only technical exceptions and/or assumptions should be identified on Attachment B. D. The State will not accept additional exceptions and/or assumptions if submitted after the proposal submission deadline. If vendors do not specify any exceptions and/or assumptions in detail at time of proposal submission, the State will not consider any additional exceptions and/or assumptions during negotiations. Response: HP has read and acknowledges. Please see Attachment B for details.
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EXCEPTION SUMMARY FORM EXCEPTION RFP SECTION RFP EXCEPTION # (Complete detail regarding exceptions must be NUMBER PAGE NUMBER identified) 1 Definitions 12 of 86 Fair Market Value Lease - The depreciated value must be disclosed to the Customer at the time of the renewal;
HP wishes to clarify that at the end of the original executed lease term the then depreciated value may be disclosed to customers wishing to enter into a renewal extension. 2 Definitions 12 of 86 WSCA/NASPO RFP states: For financial accounting purposes, a lease for equipment in any resulting contract is one which: Does not meet the criteria of a finance lease as defined by SSAP 21
Please note that HP’s Financial Services utilizes FASB 13 and its definitions for operating and capital lease agreements.
3 3.2.7 22 of 89 Hewlett-Packard Company and HP Financial Services respectfully take exception and will not be providing a rental program either Cancelable or Non-Cancelable. 4 3.3.6 23 of 89 Device Inspection / Testing / Acceptance Inspections, tests, measurements, or other acts or functions performed by the ordering Customer shall in no manner be construed as relieving the Awarded Vendor from full compliance with contract requirements. At a minimum, an installed device must demonstrate the capability of providing the functions and services specified in the manufacturer’s published literature. No contract term for service or, supplies, lease payments or rental payments may begin prior to successful delivery of Vendor-supplied equipment (if applicable), and if installation and acceptance criteria for equipment are included in a Statement of Work, then Acceptance shall be in accordance with the Statement of Work. Notwithstanding, the contract term for equipment and, or services financed under a separate lease agreement shall begin in accordance with the terms of the lease. . of the ordered device by the Customer. As such, no valid invoice may be issued by the Awarded Vendor prior to the acceptance by the Customer.
EXCEPTION RFP SECTION RFP EXCEPTION # (Complete detail regarding exceptions must be NUMBER PAGE NUMBER identified) 5 3.3.7.2. 24 of 89 Order of Precedence In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: A. A Participating State or Entity’s unique terms and conditions as presented in the Participating Addendum; BD. The Executed WSCA-NASPO Master Agreement; CB. A Purchase Order issued against the Participating AddendumMaster Agreement; DC. The Statement of Work ; EF. The Solicitation RFP #3091, including all attachments and amendments and any Participating Entity terms and conditions attached as exhibits or attachments; and FE. Contractor’s response to the Solicitation RFP #3091, as revised (if permitted) and accepted by the Lead State. HP respectfully requests the changes to this provision which are in redline above. Please note that leasing and financing agreements shall be stand-alone agreements between the financier and Purchasing Entity, and will not be incorporated into the WSCA Agreement. 6 3.3.7.4. 25 of 89 Conformity If any provision of this Contract violates any applicable Federal or State statute or rule of law, it is considered modified to conform to that statute or rule of law. HP respectfully requests the change to this provision which is in redline above to express which statutes or laws will apply. 7 3.3.10.1 26 of 89 Survivability 3.3.10.1 Placements made using the authority provided by this Master Agreement will survive the Master Agreement itself based on each and applicable Participating Addendum. Any terms in this Agreement which by their
EXCEPTION RFP SECTION RFP EXCEPTION # (Complete detail regarding exceptions must be NUMBER PAGE NUMBER identified) nature extend beyond the termination or expiration of this Agreement will remain in effect until fulfilled and will apply to both parties' respective successors and permitted assigns, including software licenses, warranty, and service agreements. State or Entity Terms and Conditions in its PA. Those Customers purchasing, renting or leasing the device will continue to receive ongoing service from the Awarded Vendor at the agreed upon Contract rate through the term of their placement contract agreement.
HP respectfully requests the above modification with clarification that HP is not offering rentals. 8 3.3.11 26 of 89 Termination for Non-appropriation The continuation of any financial obligation is subject to and contingent upon sufficient funds being appropriated, budgeted, and otherwise made available by the local source, State Legislature and / or federal sources. The Customer may terminate any financial obligation, and Awarded Vendor waives any and all claim(s) for damages, effective immediately upon receipt of written notice (or any later date specified therein) if for any reason the Customers funding from local, State and / or federal sources is not appropriated, withdrawn or limited. The Participating Entity or State will be responsible for all equipment or software ordered or services rendered prior to the effective date of termination. HP respectfully requests the above modification on the premise that Vendor will receive prior notice of termination of funding, in such instance, and receive compensation for equipment, software and services rendered prior to the effective date of funding termination. 9 3.3.13 26 of 89 Volume Placements Awarded Vendors may offer additional discounts or price breaks on services and/or, purchase prices, leases and rental plans for volume placements.
EXCEPTION RFP SECTION RFP EXCEPTION # (Complete detail regarding exceptions must be NUMBER PAGE NUMBER identified) 11 3.5.5.2 33 of 89 The Participating State or Entity and WSCA- NASPO may request at any point proof of the billing accuracy through the data set supporting the billing. If the Customer or WSCA-NASPO has reason to believe that multiple and systemic billing errors exist, that cannot be corrected to the Customer’s or WSCA-NASPO’s satisfaction; the Customer or WSCA-NASPO may require an audit by a nationally recognized third party auditor selected by the State or Participating Entity. If errors are found, the Awarded Vendor must reimburse the Customer or WSCA-NASPO for the cost of the auditor in the event billing errors exceed ten percent (10%) of the actual charges due, and as well as correcting any billing errors. HP respectfully requests the changes to this provision which are in redline above.
HP makes reasonable commercial efforts to ensure invoice accuracy. In the rare event that an invoice is inaccurate, HP will work closely with the State or Procuring Entity to resolve any issues and rectify the situation. As a normal course of business operation, HP performs multiple audits on random invoices to ensure invoicing is contractually compliant. 12 3.5.6.3. 33 of 89 The Customer and WSCA-NASPO may request at any point proof of the reporting accuracy through the data set supporting the reporting, as defined above. If the Customer or WSCA-NASPO has reason to believe that multiple and systemic reporting errors exist, that cannot be corrected to the Customer’s or WSCA-NASPO’s satisfaction; the Customer or WSCA-NASPO may require an audit by a third party. If errors are found, the Awarded Vendor must reimburse the Customer or WSCA-NASPO for the cost of the auditor as well as correcting any administrative fee errors. HP respectfully requests the above modification, with the presumption billing errors are previously addressed in Section 3.5.5.2 above. 13 4.1.8 39 of 89 HP will provide a Certificate of Insurance
EXCEPTION RFP SECTION RFP EXCEPTION # (Complete detail regarding exceptions must be NUMBER PAGE NUMBER identified) in accordance with HP’s modifications to Attachment E, enclosed with this proposal.
14 11.3 65 of 89 Pursuant to RFP Section 3.3.7.3, HP submits the enclosed Attachment 1, which represents the Amendment to the RFP contract terms and conditions, for consideration by the State. In general, while a specific exception may be set forth, HP remains receptive to further good faith negotiations with the State regarding these elements. 15 11.4 Page 68 of 89 Pursuant to RFP Section 3.3.7.3, HP submits the enclosed Attachment 1, Amendment to WSCA Copier RFP Contract Terms and Conditions HP proposal 8 20 14, which represents the Amendment to the RFP contract terms and conditions, for consideration by the State. In general, while a specific exception may be set forth, HP remains receptive to further good faith negotiations with the State regarding these elements. Attachment D Page 77 of 89 Pursuant to RFP Section 3.3.7.3, HP submits the enclosed Attachment 1 - Amendment to WSCA Copier RFP Contract Terms and Conditions HP proposal 8 20 14, which represents the Amendment to the RFP contract terms and conditions, for consideration by the State. In general, while a specific exception may be set forth, HP remains receptive to further good faith negotiations with the State regarding these elements. HP advises that HP Financial Services is not a party to this Master Agreement. All lease or financing agreements are separate and independent agreements between the purchasing entity and HP Financial Services Attachment E Page 78 of 89 HP has included our modifications, consistent with insurance industry standards, in the proposed Contract Amendment, Article V.17, in the enclosed Attachment 1.
ASSUMPTION SUMMARY FORM
ASSUMPTION RFP SECTION RFP ASSUMPTION # (Complete detail regarding assumptions must NUMBER PAGE NUMBER be identified) 1 Definition: Capital Pg 8 of 86 If HP Financial Services is engaged by the Customer, Lease, Lease of pricing provided by HP Financial Services regarding the Equipment, and capital lease option, the fair market value lease option Fair Market Lease and the tax exempt installment sale lease option are not predicated upon the customer’s accounting structure and HP Financial Services does not offer any opinion as to how the accounting treatment should be handled by the customer. 2 Proposal Pg. 21 of 86 If HP Financial Services is engaged by the Customer, Requirements: 3.2 any subsequent lease agreement will be written between HP Financial Services and the Customer and it will be a direct lease option with payments that remain level throughout the lease term after acceptance. 3 Project Terms and Pg. 63 of 86 If HP Financial Services is engaged by the Customer Conditions; WSCA- under this program only lease rate factors will be NASPO eMarket uploaded into the website. Center 4 WSCA-NASPO Pg. 7 of 86 If HP Financial Services is engaged by the Customer, Administrative Fee; no administrative fees will be assessed and remitted by 1.9 HP Financial Services. Only HP Company will assess and pay the administrative fees required. 5 5.4 Leasing Pg. 41 of 86 If HP Financial Services is engaged by the Customer, it Programs will offer an alternative leasing program. The program is known as a tax exempt installment sale lease and is only available to 103A entities as defined by the Internal Revenue Service Code. In a Tax-exempt Installment Sale structure, payments consist of both principal and interest, with the interest being excludable from the Lessor’s gross income for Federal income tax purposes. During the term of the Lease the Concluding Payment – primarily consisting of unpaid principal would decline as each Lease Payment was made and applied. Under this structure Title typically passes to the Lessee at the Lease Acceptance and the Lessor would file a security interest in the equipment. Once the original base Lease Payments are made the Lessee owns the equipment free and clear. This option has been provided as an additional column in the pricing matrix and the standard lease documents to be used for this additional option have also been attached by HP Financial Services.
6 5.4 Leasing Pg 41 of 86 If HP Financial Services is engaged by the Customer, Programs the pricing options provided by HP Financial Services for all lease and finance offerings will be predicated upon credit review and the usage of the terms and conditions under lease and finance offered by HP Financial Services. Draft documents have been provided along with this proposal. Additionally, any Customer entering into a lease agreement with HP Financial Services agrees the lease or finance agreement is a separate and independent agreement and if a dispute arises the mutually agreed upon and executed lease documentation will govern.
7 5.4 Leasing Pg. 41 of 86 If HP Financial Services is engaged by the Customer, Programs the following pricing will be included under the fair market value lease option: The lease rate factor for the
ASSUMPTION RFP SECTION RFP ASSUMPTION # (Complete detail regarding assumptions must NUMBER PAGE NUMBER be identified) fair market value lease option is inclusive of the cost for return to Lessor. All pricing is based on the assumption that origin will have a loading dock that is accessible to a full size tractor trailer and that all equipment will be deinstalled and consolidated to a centralized location on the first floor at or near the loading dock (within 100 ft.). Carriers will not perform any de-installation. We will require a 5 business day lead time for pickup. Pickup must occur during normal business hours M-F. Pricing excludes HI and AK (Customer’s in HI and AK please contact HP Financial Services directly if you require return shipping). If COI required please inform at time of request and not the pickup day. If Union Labor is required this quote is null-and-void. All ink/toner cartridges must be removed from the printers and placed in a sealed (zip lock style) plastic bag prior to shipping (cartridges may be shipped with the printers but must not remain installed for transit as it may cause damage to the unit). The carrier is not responsible for removal of or verification of removal of cartridges and any damage caused due to the failure to remove cartridges will be the responsibility of the origin customer. If pickup details differ from these assumptions extra fees may apply. Lease rates under the fair market value program and capital lease structure also include any personal property taxes. Sales and Usage taxes may be waived when the customer sends an approved tax and usage sales tax exempt certificate to HP Financial Services. 8 5.4.2.11 44 of 86 For purposes of lease or finance agreements, the following industry standard non-appropriation shall apply. In the event that sufficient funds are not appropriated and budgeted by Lessee’s governing body or are not otherwise available from other legally available sources in any fiscal period for the payment of Rent and other amounts due under any Lease, the Lease shall terminate on the last day of the fiscal period for which appropriations were received or other amounts are available to pay amounts due under the Lease without penalty or expense to Lessee of any kind whatsoever, except as to the portions of Rent payments or other amounts herein agreed upon for which funds shall have been appropriated or are otherwise available. Lessee will immediately notify the Lessor or its assignee of such occurrence. In the event of such termination, Lessee shall immediately cease all use of the Equipment, and shall, at its sole expense and risk, immediately de-install, disassemble, pack, crate, insure, and return the Equipment subject to such Lease to Lessor (all in accordance with Section 10 of this Master Agreement). Such Equipment shall be in the same condition as when received by Lessee (reasonable wear, tear and depreciation resulting from normal and proper use excepted), shall be in good operating order and maintenance as required by this Lease, shall be free and clear of any liens (except Lessor’s lien) and shall comply with all applicable laws and regulations. Lessee agrees to execute and deliver to Lessor all documents reasonably requested by Lessor or evidence the transfer of legal and beneficial title to such Equipment to Lessor and to evidence the termination of Lessee’s interest in such Equipment. Lessor will have all legal and equitable rights and remedies to take
ASSUMPTION RFP SECTION RFP ASSUMPTION # (Complete detail regarding assumptions must NUMBER PAGE NUMBER be identified) possession of the Equipment. At Lessor’s request, Lessee shall promptly provide supplemental documentation as to such Non-Appropriation satisfactory to Lessor. Lessee’s exercise of its rights pursuant to this Section 7 shall not affect the survival of any indemnity and other provisions (other than the obligation to lease the Equipment and pay amounts due under the Lease) which survive the termination of the Lease.
This document must be submitted in Tab V of vendor’s technical proposal
HP Response to State of Nevada RFP 3091 August 20, 2014
Tab VI: Section 3 – Scope of Work Vendors shall respond in the form of a thorough narrative that meets or exceeds each specification and / or requirement. Narratives, including required supporting materials, will be evaluated and awarded points accordingly. Response: HP has read and acknowledges. 3.1 Segments The following Segments shall be utilized to group the various speeds of copiers within Groups A, B, C, D and E:
Group A – Convenience Copiers Included B&W and Color/B&W Segment Speed in Pages Per Minute (PPM) A2 20 - 30 A3 31 – 40 A4 41 – 69 A5 70 – 90 A6 91 – 119 A7 120 – 139 A8 140 – 159 A9 160+
Note: Segments A2 added and Segments A6 - A9 removed by WSCA-NASPO in Amendment 1, Jul 16, 2014.
Group B – Production Copiers Included B&W and Color/B&W Segment Speed in Pages Per Minute (PPM) B3 31 – 40 B4 41 – 69 B5 70 – 90 B6 91 – 119 B7 120 – 139 B8 140 – 159 B9 160+
Note: Segments B3 – B5 removed by WSCA-NASPO in Amendment 1, Jul 16, 2014.
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Group C – Wide Format Devices (B and W and Color) Includes B&W and Color/B&W* Segment Speed in Square Feet Monthly D Size a Minute (SFM)* Low 500 – 10,000 4+ Medium 10,001 – 50,000 9+ High 50,001+ 20+ *Vendors may propose alternate print options; however, must include a method to convert to SFM. Note: Underlined text was added by WSCA-NASPO in Amendment 1, Jul 16, 2014.
Group D – Printers Includes B&W and Color/B&W* Segment Speed in Pages Per Minute (PPM) D1 Up – 20 D2 21 – 40 D3 41 – 60
Response: Note: Underlined text was added by WSCA-NASPO in Amendment 1, Jul 16, 2014.
Group E – Digital Duplicator Segment Speed in Pages Per Minute (PPM) E1 100 – 130 E2 131 – 150 E3 151 – 180 E4 181+ Response: HP does not offer digital duplicators, so will not offer any devices for Group E.
Group F – Scanners CHK Segment Speed in Images Pages Per Minute (PIPM) F0 30 - 49 F1 50 – 59 F2 60 – 69 F3 70 – 79 F4 80 – 89 F5 90+
Note: Segment F0 and the table column “Speed in Images per minute” were added by WSCA-NASPO in Amendment 1, Jul 16, 2014.
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3.2 Proposal Requirements All proposing Vendors must meet the requirements of this section. 3.2.1 The Vendors must be a manufacturer of copiers, printers or related devices as defined within this RFP. Response: HP has read and acknowledges. 3.2.2 Devices must be manufactured or private labeled by the Vendor. Other devices may be allowed for production (100+ pages per minute) or wide format configurations. Response: HP has read and acknowledges. 3.2.3 Vendors must provide service and supply programs and pricing for each copier model and / or printing device proposed. Such pricing must be expressed as a cost per impression. Response: HP has read and acknowledges. 3.2.4 Manufacturers may only submit one response and may not submit multiple responses for any additional brand names. Response: HP has read and acknowledges. 3.2.5 To be eligible for award, Vendor agrees to pay a WSCA-NASPO administrative fee as specified in Section 1.9 of the RFP and Section 26 of the WSCA-NASPO Master Agreement Terms and Conditions. Moreover, specific summary and detailed usage reporting requirements are prescribed by Attachment P and Section 27 of WSCA-NASPO Master Agreement Terms and Conditions. Awarded Vendor shall identify the person responsible for providing the mandatory usage reports, which this information must be kept current during the contract period. Reporting contact must be provided within 15 days of Master Agreement being executed. Response: HP has read and acknowledges.
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3.2.6 Vendors are required and must provide leasing rates for Operational Leases, Capital Leases, and Fair Market Value Leases. These rates will be a not-to-exceed rate throughout the term of the contract. Response: HP Financial Services, a wholly owned subsidiary of the Hewlett-Packard Company, is responding with a capital lease and fair market value lease option only. Operational Leases may be offered on a one off basis. The finance agreement for these available options shall be separate and independent agreements between HP Financial Services and the purchasing entity. HP Financial Services respectfully requests entities interested in the operational lease option to contact us directly on a one off basis. Lease rates are to be tied to the daily treasury yield as requested and reset on an annual basis. Proper notification will be sent to WSCA – NASPO regarding the reset of the treasury note as requested. 3.2.7 Vendors are requested to offer and provide rental rates for Non-Cancelable Rentals and Cancelable Rentals. These rates will be a not-to-exceed rate throughout the term of the contract. Response: Amy/ Chris Hewlett-Packard Company and HP Financial Services respectfully take exception and will not be providing a rental program either Cancelable or Non-Cancelable. 3.2.8 Pricing for this RFP and any subsequent contract must be expressed as a discount from Manufacturer Suggested Retail Price (MSRP). The MSRP must be available on a single manufacturer’s published price list and be publicly available throughout the contract period. The manufacturer must identify in their proposal where the price list is published.* MSRP must be a published figure with the Buyers Laboratory Inc. (BLI). Discounts from list may be increased during the term of the contract by an Awarded Vendor. The WSCA-NASPO Contract Manager and the Participating State Contract Administrator must be notified of any such increase in discount. At no time during the contract period may the discount be reduced. Response: Debra Lee HP has read and acknowledges. HP agrees to maintain the discount off HP’s US List price as noted in the Cost Proposal for the life of the contract unless HP requests and obtains approval from the WSCA-NASPO Contract Manager and the Participating State Contract Administrator to increase the discount. HP contracts are based on a discount off the then current HP US List price which is published publically at http://h18000.www1.hp.com/showroom/ipl.html. Note: Additional underlined and text redlined text was done by WSCA-NASPO in Amendment 1, Jul 16, 2014. 3.2.9 All pricing must be FOB Destination with either Freight Prepaid and Added or Freight Prepaid and Allowed, as defined in the Participating Entities PA. Response: Nancy Rhodes HP has read and acknowledges.
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3.3 Project Provisions 3.3.1 Additional Offered Devices and Software Awarded Vendors may offer additional devices and software within each awarded grouping so long as the device meets or exceeds the requirements of the RFP and subsequent contract; and meets or exceeds the discount of the bid device or software within the same grouping and segment. Any such additional device offering will be subject to review and approval by the Lead State Contract Administrator and Participating State Contract Administrator. Response: HP has read and acknowledges. 3.3.2 Authorized Dealers During the Master Agreement period, Participating State Contract Administrator may remove a dealer from the list of those designated to service the Master Agreement at any time without further explanation or process. The Awarded Vendor may propose dealer additions or deletions for consideration and agrees to provide interim service should any listed resource become unavailable or deemed unsuitable by the Participating State Contract Administrator. The decision about the suitability of dealers will be solely that of the Participating State Contract Administrator. Further, the Participating State Contract Administrator or the Participating Addendum will have the authority to dictate classifications of dealers that may service the contract (such as local dealers only). Response: Debra Lee HP has read and acknowledges. 3.3.3 Dedicated Contract Website Awarded Vendors must maintain a contract website for each Participating State. The purpose of this website is to inform end users of the individual state programs under any subsequent Participating Addendum. Such Contract Websites shall, at a minimum, contain: 3.3.3.1 Product offerings and options, limited to the products, services and financial vehicles approved by each state through their Participating Addendum or the Participating State Contract Administrator. 3.3.3.2 Up to date pricing discount and leasing or rental rates. 3.3.3.3 Authorized dealers within the Participating States that are authorized to service the Contract. Response:
HP has read and acknowledges. HP is committed to creating and maintaining an e- commerce site portal and Participating State sites upon award that includes specific items relating to the contract as requested and approved by the Lead State WSCA- NASPO Administrator and Participating State Contract Administrator.
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The product offering available, options, pre-calculated pricing for purchase items based on the “guaranteed discount,” services and leasing options, discounts and lease rates along with the authorized dealers per the programs available and approved by the Participating State. As sample view is below:
3.3.4 End of Term Notification Awarded Vendors must notify a Customer, in writing, 90 days prior to the end of any financing term or Service and Supplies term. Response: HP has read and acknowledges. 3.3.5 Device Additions / Deletions During the term of the contract, Awarded Vendors may add or delete contract devices introduced or removed from the market by the manufacturer provided the added device falls within the scope of the Awarded Vendor’s awarded contract. Awarded Vendor shall update its dedicated contract websites to reflect this change. New devices must be adequately described and the associated price list must be updated to reflect the new devices prices. Pricing must utilize the same pricing structure as was used for other devices falling into the same product category. The pricing structure will be dictated by the purchase price determined from the discount from MSRP. Lease and rental pricing will be dictated by the quoted leasing and rental rates applied to the purchase price. Such additions and deletions must be approved by the Lead State Contract Administrator and as applicable Participating State Contract Administrator. Response: HP has read and acknowledges. Based on the processed outlined upon award by the Lead State Contact Administrator and as applicable the Participating State Contract Administrator for additions and deletions that may be provided weekly in a format as mutually agreed.
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3.3.6 Device Inspection / Testing / Acceptance Inspections, tests, measurements, or other acts or functions performed by the ordering Customer shall in no manner be construed as relieving the Awarded Vendor from full compliance with contract requirements. At a minimum, an installed device must demonstrate the capability of providing the functions and services specified in the manufacturer’s published literature. No contract term for service or supplies, lease payments or rental payments may begin prior to successful delivery of Vendor-supplied equipment (if applicable) or software, and if installation and acceptance criteria for equipment are included in a Statement of Work or Order, then Acceptance shall be in accordance with the Statement of Work. Notwithstanding, the contract term for equipment and, or services financed under a separate lease agreement shall begin in accordance with the terms of the lease. of the ordered device by the Customer. As such, no valid invoice may be issued by the Awarded Vendor prior to the acceptance by the Customer.
Response: HP respectfully requests the changes to this provision which are in redline above.
3.3.7 Order of Precedence, Incorporated Documents, Conflict and Conformity 3.3.7.1 Incorporated Documents Each of the documents listed below will be, by this reference, incorporated into any resulting Contract as though fully set forth herein. A. The Request for Proposal document with all attachments and all amendments thereto; B. Contractor’s Response to the Request for Proposal; and C. Contractor or manufacturer publications, written materials and schedules, charts, diagrams, tables, descriptions, other written representations and any other supporting materials Contractor made available to Purchaser and used to affect the sale of the Product to the Purchaser. Response: HP has read and acknowledges.
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3.3.7.2 Order of Precedence In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: A. A Participating State or Entity’s unique terms and conditions as presented in the Participating Addendum; BD. The Executed WSCA-NASPO Master Agreement; CB. A Purchase Order issued against the Participating Addendum Master Agreement; DC. The Statement of Work; EF. The Solicitation RFP #3091, including all attachments and amendments and any Participating Entity terms and conditions attached as exhibits or attachments; and FE. Contractor’s response to the Solicitation RFP #3091, as revised (if permitted) and accepted by the Lead State. Response: HP respectfully requests the changes to this provision which are in redline above. Please note that lease finance agreements shall be stand-alone agreements between the financier and Purchasing Entity, and will not be incorporated into the WSCA- NASPO Agreement.
3.3.7.3 Conflict To the extent possible, the terms of the Master Agreement shall be read consistent and complementary. Any conflict among the documents shall be resolved by giving priority to the documents in the order listed above. Awarded Vendors terms and conditions that apply to the Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to the Master Agreement as an Exhibit or Attachment. Response: HP has read and acknowledges. 3.3.7.4 Conformity If any provision of this Contract violates any applicable Federal or State statute or rule of law, it is considered modified to conform to that statute or rule of law. Response: HP respectfully requests the change to this provision which is in redline above to express which statutes or laws will apply.
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3.3.8 Owned Device Trade-In Awarded Vendors may allow for Customers to trade-in owned device as part of a new agreement under this contract, according to State regulations and laws. The value for the trade-in will be negotiated by the Awarded Vendor and Customer at the time of the transaction and may not include any disposal or shipping fees. Response: HP Trade-In Program for Government, Health, and Education The HP Trade-In Program for US Federal Government, State and Local Government, Healthcare, K-12 or Higher Education customers to take advantage of market trade in values and asset disposition best practices while reducing the costs of new HP products.
Special features include: DOD data scrub performed on hard drives (upon request) Detailed asset management reporting Process to accommodate customers who cannot accept a direct rebate Agency Benefits and Participation Agency benefits of program participation include: Exchange old IT equipment and receive credit towards "like" Hewlett Packard products which will serve as replacement property purchases. Reduce your need for additional funding for acquisition of new IT products All equipment inventoried in compliance with GSA, OMB & EPA mandates for no additional cost. * Ensure proper data destruction occurs on all equipment with storage media Protection from liability risks associated with equipment retirement Lower processing costs for normal agency disposal cycles Nationwide assistance with all packaging, removal, and transportation of IT assets. Trade-In for Government, Health & Education - Terms & Conditions
Hewlett Packard's Trade-In for Government, Health, & Education Program is through Market Velocity, Inc.
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Trade-In for Government, Health & Education is a service provided to HP customers by Market Velocity, Inc. (MVI), an independent third party. Hewlett Packard (HP) is not involved in the transaction between Market Velocity and HP customers. Any and all transactions conducted on this site are solely the responsibility of Market Velocity and such visitors. By agreeing to these terms and conditions, you hereby release HP and its respective directors, employees and agents from any disputes, claims, demands, and/or damages (actual or consequential) of every kind, whether known or unknown, arising out of, or relating to, your use of Market Velocity services, including, without limitation, uncompleted or completed transactions and any claims or disputes between you and Market Velocity.
The following terms and conditions apply to your use of the Market Velocity service sponsored by HP. If you have any questions please contact customer service. Market Velocity may amend this site at any time by posting the amended terms on this site. Terms are effective immediately upon posting. These terms and conditions may not be otherwise amended except in writing and signed by you and Market Velocity.
Trade-in proof-of-ownership requirements The end-user and the HP authorized reseller (if the reseller is the Cash back Designee) must warrant that all trade-in equipment has been owned by the end-user for at least one year and has been used in the end-user's business in the previous year. Such equipment or the sale and shipment of such equipment must not violate any applicable laws, statutes, ordinances or regulations, including export laws. You are responsible for complying with any and all such laws. Any equipment you seek to sell using Market Velocity services: (1) shall not infringe on third-party intellectual property rights (including copyright, trademarks, patent, trade secrets or other proprietary rights; (2) shall not be counterfeit, stolen, or fraudulent.
Eligibility rules Only one cash back allowance may be claimed per new product purchase by either the end-user or the HP authorized reseller, but not both. The company accepting these program Terms and Conditions must be the one making the trade-in cash back claim and is the "cash back designee". The trade-in cash back check will be made out to the Cash back Designee, only. The Trade-In for Government, Health & Education program is available to US Public Sector customers (end-users and HP authorized resellers, only). Combining with special pricing or other promotions The Trade-In for Government, Health & Education program may be combined with special pricing and other HP promotions.
Program steps and timing 1. Receive a trade-in value quote by providing basic information, including product type, manufacturer, model, condition, and your zip code as requested. Your trade-in value quote will be valid for 30 days. 2. Complete, sign, and fax back your trade-in value quote to 770-925-9064.
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3. Use the most convenient purchasing option(s) to buy new HP products and fax your proof-of-purchase to 770-925-9064. 4. Purchases of new equipment must be made either 30 days prior to or 30 days following the trade transaction date. The proof of purchase must be received within 30 days of the trade transaction date. 5. Pack your product(s) safely and ship them to the address provided by MVI. MVI will provide a confirmation email when your trade-in arrives. 6. Once your trade-in product has been received, the product condition validated, and your proof-of-purchase received, your cash back check will be mailed via U.S. Postal Service to the address designated in your transaction within 45 days. If you are a US Public Sector customer (end-user) who purchases from HP Direct and cannot accept a cash back check, your cash back check will be mailed to HP Direct to apply as a credit to your HP Direct account.
Trade-in pickup and delivery
You agree to remove all data from your current product before shipping it. You are responsible for removing all data, including without limitation, any personally identifiable information or protected healthcare information, from your current product before shipping it. By sending Market Velocity your product, you agree to release Market Velocity and HP from any claim as to the data stored in such product, or in any media or data storage device included with any product that you send to Market Velocity, and for the security, integrity, confidentiality, disclosure or use of any such data. Market Velocity and HP will not be responsible for securing, protecting, keeping secret or otherwise managing any form of data or information that is stored on or otherwise contained in any product that you send to Market Velocity (including any computer hard drive, ROM, CD-ROM, disk or other storage media of any form). The trade-in products must be located in the U.S. Customer must complete de-installation and prepare trade-in for shipment. If applicable when packaging your device, be sure to include your operating system software on CD or diskette, the Certificate of Authenticity, end-user license agreement, and manuals. If your system was originally shipped with a restore CD, each of the above items will be on the restore CD, and not packaged separately. Please include any documentation and accessories that originally was shipped with your device. These items could include: warranty cards, keyboard, mouse and connection cables. Failure to include these items will impact the value of your trade. If you do not have these items, please contact customer service for further assistance. Once your trade-in product is shipped, Market Velocity cannot, and does not guarantee, that it will be able to honor any request for return of the product and/or any data or information contained in such product.
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Receipt and validation of trade-ins by MVI
As the Trade-In for Government, Health & Education program states, Market Velocity will send you a trade-in cash back check for your product based on the used value it assigns to your product taking into account the product's present condition. You must state your trade-in product's condition accurately and to the best of your ability based on the guidelines posted on this site. Market Velocity will perform an inspection upon receipt of your product. If the product's condition differs materially from that which you described, Market Velocity reserves the right to re-price your trade-in value quote using the same condition parameters originally available to you. The trade-in products must be shipped within the timeframe as set forth above and must be "Complete". "Complete" means that the trade-in products will include, at a minimum, all hardware, software and component parts and copies of all applicable license(s) needed for the trade-in products to operate. If trade-in products are not delivered to MVI within the timeframe as set forth above, or are not delivered to MVI "Complete", MVI reserves the right to recalculate the trade- in cash back quote value or return the trade-in product, if possible. If the product is returned, the Cash back Designee will be responsible for any and all associated shipping costs. MVI's packing and shipping recommendations should be followed in order to avoid possible damage or loss. If you follow the packing guidelines and instructions, the product should arrive in the same condition as when it left your site. If the product is damaged during shipping and there is visible damage to the packing materials (box is dented, ripped, smashed, etc.), Market Velocity will take responsibility for resolving any claims with the courier. If the packing is intact, but the product is not in the condition stated by you in the quote process, Market Velocity will contact you directly to discuss the product's condition and renegotiate the quote value. If your trade-in product(s) were received and through the inspection process, it was determined that the product condition was misrepresented by you, and there is no trade value, Market Velocity reserves the right to charge you a recycling fee for the disposition of this product. If the product can be returned to you, you will be responsible for any and all associated shipping costs. MVI shall not be responsible for the loss, safekeeping, or maintenance in confidence of any data resident on the trade-in products. The trade-in product number, model number, its configuration and condition must match what was provided to MVI according to the Program instructions. If they do not match, MVI reserves the right to recalculate the trade-in cash back quote value or return the trade-in product, if possible. If the product is returned, the Cash back Designee will be responsible for any and all associated shipping costs. The end-user and HP authorized reseller (if the reseller is the Cash back Designee) each warrants that the trade-in products are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. The end-user and HP authorized reseller each shall indemnify MVI from all claims or losses sustained by MVI as a result of any breach of this warranty.
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Risk of loss for the trade-in products shall remain with the end-user or HP authorized reseller (as determined between end-user and HP authorized reseller) until delivery of the same to HP's designated carrier. The delivery of the trade-in products to HP's carrier shall be final and effective to transfer title of such products to MVI free and clear of all liens and other encumbrances. Title of the trade-in product passes at the earlier of either the Cash back Designee the trade-in cash back or HP's carrier has picked up the trade-in product.
Product condition The condition of your product helps to determine its value; you must therefore accurately state your current product's condition. Market Velocity will perform an inspection upon receipt of your product to ensure its condition matches the stated condition. The three condition levels include: Excellent — the product is in excellent working condition and needs no refurbishment. The body of the product is clean (i.e., no smudges, ink marks, dents, stickers, or scratches). Good — the body of the product has only minor blemishes (i.e., smudges, ink marks, dents, stickers, or scratches). The product has no technical problems (i.e., it does not make noise, run slowly, is not missing pieces, etc.). Poor — the product has no major technical problems; it turns on and is in working condition; but has cosmetic defects. Transmission errors MVI makes every effort to ensure the accuracy of all information that you receive in relation to your trade-in product. In the event of typographical errors, technical inaccuracies, or product pricing errors or omissions, MVI reserves the right to correct the error within seven (7) calendar days of the trade. If MVI corrects the error, MVI will provide you with the following options: (1) to proceed with the transaction based on the corrected information; or (2) to cancel your transaction, in which case MVI will promptly send the trade-in product back (if possible) or replace it with like product (i.e., similar make, model and condition).
Fraudulent claims Submitting false claims for program benefits will disqualify end-user's or HP authorized reseller's claim, make end-user or HP authorized reseller ineligible for future participation in HP promotional programs, and may subject end-user or HP authorized reseller to civil liability or criminal prosecution.
Program Changes or Termination This program is subject to change or termination at any time, without notice, by Hewlett-Packard Company. All trade-in transactions are subject to the approval of Hewlett-Packard.
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More links HP Standard Trade-In Program Contact HP Promotions Support Donate Recycle Government, Health & Education Home Agency benefits & participation Terms & conditions GSA Exchange/Sale FMR Partner information Sales rep portal Partner login
3.3.9 Participating Addendum Participating States or Participating Entities may, through a Participating Addendum, limit: 3.3.9.1 The awardees; 3.3.9.2 Available financial vehicles; 3.3.9.3 Device Groupings, segments, models, standardized configurations, available accessories, available software; 3.3.9.4 Inclusions of additional items (i.e. moves within the state, inclusion of staples within the Service and Supplies rate); 3.3.9.5 Exclusion of geographical areas; and 3.3.9.6 As well as additional items as deemed necessary by the Participating State or Entities. 3.3.9.7 Participating States may also, through the PA, expand or restrict these options for Participating Political Subdivisions or other eligible entities. Response: HP has read and acknowledges.
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3.3.10 Survivability 3.3.10.1 Placements made using the authority provided by this Master Agreement will survive the Master Agreement itself based on each and applicable Participating Addendum. Any terms in this Agreement, which by their nature extend beyond the termination or expiration of this Agreement will remain in effect until fulfilled and will apply to both parties’respective successors and permitted assigns, including software licenses, warranty, and service agreements. State or Entity Terms and Conditions in its PA. Those Customers purchasing, renting or leasing the device will continue to receive ongoing service from the Awarded Vendor at the agreed upon Contract rate through the term of their placement contract agreement. Response: HP respectfully requests the above modification with clarification that HP is not offering rentals, and the term of service for leased devices shall be in accordance with the separate lease agreement terms. 3.3.10.2 Those Customers purchasing devices will receive ongoing service from the Awarded Vendor at the agreed upon Contract rate until the expiration of the Service Contract. Response: HP has read and acknowledges. 3.3.11 Termination for Non-appropriation The continuation of any financial obligation is subject to and contingent upon sufficient funds being appropriated, budgeted, and otherwise made available by the local source, State Legislature and / or federal sources. The Customer may terminate any financial obligation, and Awarded Vendor waives any and all claim(s) for damages, effective immediately upon receipt of written notice (or any date later specified therein) if for any reason the Customers funding from local, State and / or federal sources is not appropriated, withdrawn or limited. The Participating Entity or State will be responsible for all equipment or software ordered or services rendered prior to the effective date of termination. Response: HP respectfully requests the above modification on the premise that Vendor will receive prior notice of termination of funding, in such instance, and receive compensation for equipment, software and services rendered prior to the effective date of funding termination.
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3.3.12 Trial or Demonstration of Device or Equipment Any trial or demonstration period may not exceed 30 calendar days and such device or equipment may be used, remanufactured or reconditioned. Additionally, no trial or demonstration device may be converted to a lease, rental or purchase, unless the device was new, as defined within this RFP, prior to the placement as a trial or demonstration device. Response: HP has read and acknowledges. 3.3.13 Volume Placements Awarded Vendors may offer additional discounts or price breaks on services and/or purchase prices, leases and rental plans for volume placements. Response: HP respectfully requests the above modification. 3.4 Device Configurations 3.4.1 All copiers (Groups A and B) must be equipped, at a minimum, with the following components: 3.4.1.1 Automatic duplex enabled copiers, the ADF must be a RADF unless the ADF is equipped to accomplish duplex scanning (scan both sides of the original in the same pass); Response: All proposed devices include a two-sided single-pass scanning ADF. 3.4.1.2 Must be capable of AES, AMS, APS, ATS, AS and Margin Shift; Response: All proposed devices are capable of AES, AMS, APS, ATS, AS and Margin Shift. Note on AS: When the machine is booted from complete switch off status or power shut- off status, the “START” key for copying is not activated till the machine is completely ready status. When the machine is booted from pre-heat mode (stand-by mode), the “START” key for copying is activated and the copy (scan) job is started even during fuser heating. Printing itself is started automatically after reaching certain temperature of fuser unit. 3.4.1.3 Must maintain a Scan Speed, as defined within this RFP, from an ADF, RADF (including duplex scanners) or Separate Scanning Station, within 90% of the rated speed of the marking engine; Response: All proposed devices will maintain scan speeds, once initially achieved, throughout the scan job. Scan speeds may vary based on paper type, software and driver interaction, but can be maintained once maximum speeds for that particular job are reached.
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3.4.1.4 Marking Engine; Response: For all proposed devices, a marking engine is included as part of HP’s response. 3.4.1.5 Control panel; Response: For all proposed devices, a 10.1” touchscreen control panel is included standard. 3.4.1.6 Bypass paper supply; Response: For all proposed devices, bypass tray is included as part of HP’s response. 3.4.1.7 Paper Supply equal to or greater than: A. One (1) paper drawer for Segments 2 & 3 Desktop copiers; Response: Proposed device includes at least one paper drawer. B. Two (2) paper drawers for Segments 4 Console copiers through Segment 4 copiers; Response: Proposed devices include at least two paper drawers. C. Four (4) paper drawers and / or 2,000 sheet capacity for Segments 5 and above; and Response: Proposed device includes four paper drawers and over 2,000-sheet capacity. 3.4.1.8 Paper size capacity up to 11” x 17”. Response: All proposed devices support media of at least 11 x 17”. 3.4.2 All wide format devices (Group C) must be equipped, at a minimum, with the following components: 3.4.2.1 Automatic Exposure – The exposure is adjusted automatically when copying from originals with different background shadings. Response: All proposed Multi-Function devices (T2500 and T3500) will automatically calibrate the exposure when copying or scanning for optimal results. 3.4.2.2 Automatic Magnification – After detecting the correct size of each original document, the copier automatically calculates the correct magnification (zoom) ratio to fit the media size selected by the operator. Response: All proposed Multi-Function devices (T2500 and T3500) will perform this function in addition to allowing for manual magnification ratio adjustment.
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3.4.2.3 Automatic Media Selection – A built-on sensor detects the size of the original and the copier selects the proper media size. Response: For all proposed Multi-Function devices, the assumed property when making a copy is 100% scale, to match the size of the original document. Media selection and size adjustment is a manual process from that point forward. 3.4.2.4 Automatic Roll Switching – A feature that enables a printer\copier to automatically switch from a depleted media source to another in the midst of a copy job, effectively increasing overall productivity. Response: All proposed devices feature automatic roll switching. 3.4.2.5 Media Sources – Provide two (2) or more media roll sources. Response: All proposed devices are dual-roll. 3.4.2.6 Hard Drive Security Kit – The parts and / or software required to optionally enable US Department of Defense (DoD) 5220.22-M standards for data overwrite. Response: All proposed devices include the HP Secure File Erase feature. This feature provides three security modes for the clearing and sanitization of disk media, the most secure of which meets US DOD 5220-22.M requirements. 3.4.2.7 Network Connectivity Kit – All parts, boards and / or software (internal to the machine) to sufficiently enable the printer / scanner to network print and scan to network using IPV4 and / or IPV6. Response: All proposed devices include a Gigabit Ethernet port (RJ-45) and are able to print from the network, with support for both IPv4 and IPv6 addressing. All Multi-Function devices (T2500 and T3500) allow scan to network from the device with support for both IPv4 and IPv6 addressing as well.
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3.4.2.8 Network Security Kit – All necessary parts and / or software to optionally enable encrypted communications between servers / workstations and a printer / scanner including IPSEC and HTTPS. Response: The HP Designjets T1500, T2500 and T3500 each have embedded JetDirect web servers, managed via a web browser, which allow customers to manage the devices’ security settings, including using the HTTPS protocol and/or IPSec configuration. To authenticate the web server when HTTPS is used, customers may configure a certificate, or may use the pre-installed, self-signed X.509 Certificate. The encryption strength specifies what ciphers the web server will use for secure communications. Supported cipher suites are DES, RC4, and 3DES. When encryption is enabled, the web server encrypts all web communication, forcing all connections to use HTTPS. The HP Designjets T7200 and Z5400 also support this capability, but require the use of the HP JetDirect 640n internal print server to do so, which HP is including as part of its proposal for those devices. 3.4.2.9 Windows Embedded Standard 7 Controller. Response: All proposed HP devices utilize the print driver/spooler function of the OS on each client device (PC) for sending the job to the Designjet (which handles the processing and editing), therefore a separate WES7 controller is not required for HP’s proposed devices. Note: 3.4.2.9 was added by WSCA-NASPO in Amendment 2, Jul 30, 2014 3.4.3 All printers (Group D) must be equipped, at a minimum, with the following components: 3.4.3.1 Device does not copy as the primary function and does not allow 11” x 17” paper;* Response: All proposed devices are printers only; not multi-function devices. Note: Text in red deleted by WSCA-NASPO in Amendment 1, Jul 16, 2014. 3.4.3.2 Shall include an LED*, inkjet or laser print engine; Response: HP is proposing both ink and laser devices, where ink devices are indicated by the inclusion of “Officejet” in the model name and laser devices are indicated by the inclusion of “LaserJet” in the model name. HP’s ink offerings are part of its new page-wide array technology line. These devices are fully manageable with HP’s free tools (Web Jetadmin and Universal Print Driver), offer high-capacity cartridges for cost and time savings, and have page-wide printheads for award-winning print speeds (the X551dw won the Guinness Book of World Records award for the “fastest time to print 500 sheets by an office color desktop printer” in 2012 and can print up to 70 pages per minute). Note: Text in red added by WSCA-NASPO in Amendment 1, Jul 16, 2014.
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3.4.3.3 Control panel; Response: All proposed devices include an on-device control panel. 3.4.3.4 Bypass paper supply; Response: All proposed devices include a multipurpose / bypass tray. 3.4.3.5 Paper Supply equal to or greater than one (1) drawer; Response: All proposed devices include a multipurpose / bypass tray and one tray / drawer. 3.4.3.6 Paper size capacity up to 8-1 / 2” x 14” 11” x 17”* and envelope adjustment capability; Response: All proposed devices support paper sizes of 8.5 x 11” (Letter) and 8.5 x 14” (Legal) as well as envelope adjustment. Note: Text deleted and red text added by WSCA-NASPO in Amendment 1, Jul 16, 2014. 3.4.3.7 Must include network connectivity; and Response: All proposed devices include a network connectivity port (RJ-45). 3.4.3.8 Multi-functional devices must copy, scan, and fax (or e-fax). Response: Note: Question 3.4.3.8 deleted by WSCA-NASPO in Amendment 2, Jul 30, 2014. 3.4.4 All digital duplicators (Group E) must be equipped, at a minimum, with the following components: 3.4.4.1 Must be capable of AES, AMS, APS, ATS, AS and Margin Shift; Response: HP does not offer digital duplicators, so will not offer any devices for Group E. 3.4.4.2 Fully automatic one-drum system; Response: HP does not offer digital duplicators, so will not offer any devices for Group E. 3.4.4.3 Control panel; Response: HP does not offer digital duplicators, so will not offer any devices for Group E. 3.4.4.4 1,000 sheet minimum paper feed or roll; and Response: HP does not offer digital duplicators, so will not offer any devices for Group E.
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3.4.4.5 Monthly volume of 300,000 50,000+ minimum duty cycle. Response: HP does not offer digital duplicators, so will not offer any devices for Group E. Note: Monthly volume changed from 300K to 50K by WSCA-NASPO in Amendment 1, Jul 16, 2014. 3.4.5 All scanners (Group F) must be equipped, at a minimum, with the following components: 3.4.5.1 Must be capable of AES, AMS, APS, ATS, AS and Margin Shift*; Response: Note: 3.4.5.1 deleted by WSCA-NASPO in Amendment 1, Jul 16, 2014. 3.4.5.2 Must maintain a Scan Speed, as defined within this RFP; Response: All proposed devices will maintain scan speeds, once initially achieved, throughout the scan job. Scan speeds may vary based on paper type, software and driver interaction, but can be maintained once maximum speeds for that particular job are reached. 3.4.5.3 Charge-Coupled Device (CCD) or Contact Image Sensor (CIS) image sensor; Response: All proposed devices utilize Contact Image Sensor (CIS) scan technology, except the 7500 which utilizes Charge Coupled Device (CCD) scan technology. 3.4.5.4 Control panel; Response: All proposed devices include an on-device control panel. 3.4.5.5 Density range minimum of 3.0; Response: HP does not test density range on its Scanjet devices. HP recommends customers test its devices to verify image quality (in terms of dynamic range), is acceptable. 3.4.5.6 Automatic document feed; Response: All proposed devices are sheet-feed (except the 7500 which has both an ADF and Flatbed) with the ability to enable ultrasonic multi-feed detection to help prevent multiple pages being fed through the scanner at a single time, and notifying the user in the event that it does occur. 3.4.5.7 Paper size capacity letter or legal; Response: All proposed devices support 8.5 x 11” (Letter) and 8.5 x 14” (Legal) sized paper.
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3.4.5.8 Color depth of at least 24 bytes; and Response: All proposed devices support a minimum bit depth of 24-bit. 3.4.5.9 Single pass duplex scan. Response: All proposed devices support single-pass duplex scanning. 3.4.6 Accessories Accessories must be offered, if available, for all device categories awarded to Contractor, throughout the term of the Master Agreement. Response: HP has read and acknowledges. 3.4.7 Device Minimums 3.4.7.1 All devices must be newly manufactured and currently in production, except as specially provided within this RFP for short term rentals. Response: HP reads and acknowledges and is only proposing newly manufactured devices which are currently in production. 3.4.7.2 Devices must have published specifications. Awarded Vendors will provide website of the published specifications (BLI, etc.) for each device category awarded. Response: The published specifications for the devices proposed to WSCA-NASPO have published specifications as follow: Group A - Convenience Copiers HP MFP S956dn: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=73541 HP Color MFP S951dn: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=73540 HP Color MFP S962dn: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=73519 HP Color MFP S970dn: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=73539
Group C – Wide Format Devices HP Designjet T1500 36” PostScript ePrinter: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=70775 HP Designjet T7200 42” Production Printer: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=75785 HP Designjet Z5400 44” PostScript ePrinter:
Page-53 BNA / SLEDW / 15845 HP Response to State of Nevada RFP 3091 August 20, 2014 http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=71933 HP Designjet T2500 36” PostScript eMultifunction Printer: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=72323 HP Designjet T3500 36” Production eMFP: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=75784
Group D – Printers (B&W and Color) HP LaserJet Pro M401dne: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=69456 HP LaserJet Enterprise P3015dn: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=46578 HP LaserJet Enterprise M602dn: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=60513 HP Color LaserJet Pro M451dn: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=63233 HP Color LaserJet Enterprise M551dn: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=60672 HP Color LaserJet Enterprise M651dn: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=74657 HP Color Officejet Pro X451dn: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=68786 HP Color Officejet Pro X551dw: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=69389 HP Color Officejet Enterprise X555dn: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=74644
Group F – Scanners HP Scanjet Pro 3000 s2: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=70471 HP Scanjet Enterprise Flow 5000 s2: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=72015 HP Scanjet Enterprise Flow 7000 s2: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=72551 HP Scanjet Enterprise Flow 7500 Flatbed Scanner: http://www.buyerslab.com/bliQBeta/Product/ShowSpecItem?spec=73035 3.4.7.3 Devices must meet or exceed the speed requirements for each segment of device in each grouping. Response: HP reads and acknowledges, and is only offering models which meet or exceed the speed requirements of its specific segment / group.
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3.4.7.4 All devices must be Electronic Product Environment Assessment Tool (EPEAT) registered to a minimum of EPEAT Bronze standard within two years of award of contract. If a Contractor’s awarded products are not EPEAT registered after two (2) years, the Contractor will be prohibited from selling those devices. Response: HP has read and acknowledges, and will only provide applicable HP-branded EPEAT approved series level devices that fall within the EPEAT certified Imaging Equipment categories of products under the HP WSCA-NASPO Master Agreement as allowed per the scope of the contract. At the initial catalog setup for the Master Agreement and subsequent participating states, HP will remove any products that are not EPEAT certified after two (2) years of an awarded contract under the Imaging Equipment categories of products series. To show HP’s commitment to EPEAT, under the new Imaging Equipment category that was added the end of 2012, HP has worked towards certification of the majority of HP Printers, Scanners and Multi-Function Devices currently at the highest volume of a total 160 units certified as of today. It is HP’s goal to work towards having all or as many products EPEAT certified as possible. HP Reporting tools also provide WSCA-NASPO with a data field through an automated report tool showing not only EPEAT certification but the classification for that product whether EPEAT Bronze, Silver or Gold. 3.4.8 Installation and Environmental Requirements Prior to order acceptance, Awarded Vendor must advise Customer of any and all specialized installation and environmental Customer site requirements for the delivery and installation of contract device. This information should include, but is not limited to the following: 3.4.8.1 Air conditioning; 3.4.8.2 Electrical requirements; 3.4.8.3 Special grounding; 3.4.8.4 Cabling requirements; 3.4.8.5 Space requirements; 3.4.8.6 Humidity and temperature limits, and 3.4.8.7 Any other considerations critical to the installation. Response: HP has read and acknowledges.
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3.4.9 Paper Specifications All proposed devices shall be compatible with using recycled paper, up to and including 100% Post-Consumer-Waste (PCW) paper. Service personnel may not fault the use of recycled paper for device failures, as long as the recycled paper in use meets the standard paper specifications (e.g., multi-purpose, copy, or laser paper). Additionally, all proposed devices shall be guaranteed by the manufacturer to accomplish 100% duplexing (except Group C) with 30% PCW paper. Response: HP reads and acknowledges, and all proposed models support the use of recycled paper for printing and scanning as long as the recycled media meets the other paper specifications supported by that device (sizes, weights, etc.). 3.4.10 Excessive Service and Downtime Equipment, including all accessories and software, supplied through this contract shall be capable of continuous operation. Therefore, Awarded Vendor shall guarantee that all contract equipment will be operational at least 98 96% of normal business hours. Equipment that develops a trend of requiring an excessive number of service calls shall be reported by the Customer to the Awarded Vendor or by the Awarded Vendor to the Customer as the situation warrants. Should the equipment, any accessories, or software become inoperable for a period of twenty-four (24) consecutive working hours, the Awarded Vendor shall, at the Customer’s option, provide, at no charge, a loaner or accessory of equal capability of non-performing piece of equipment while repairs are being completed. Awarded Vendors are to maintain a service log for each machine serviced describing maintenance and repair services provided. A no-cost copy of service logs / reports must be provided to the Customer and / or the Contract Administrator within five (5) working days of request. If equipment fails to perform at the operational level specified above, then Section 3.4.11.2 will apply. Response: HP has read and acknowledges. Note: The change in contract guarantee - from 98% to 96% - was made by WSCA- NASPO in Amendment 1, Jul 16, 2014 3.4.11 Warranty 3.4.11.1 Devices must carry a minimum 90 day warranty that it is free from defects in material and workmanship. If defects are identified, the Awarded Vendor agrees to repair or replace defective parts promptly on a like-for-like basis without additional cost to the Customer. Any and all items failing during the warranty period will be replaced promptly free of charge. Upon significant failure, the warranty period will commence again for a minimum 90 additional days. Significant failure shall be determined by the Participating State Contract Administrator. Response: The replacement product will carry the remaining warranty of the replaced product.
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3.4.11.2 Lemon Clause This clause applies to all devices purchased or leased through this contract. The application period is 36 months from the date of installation. This clause takes precedence over any other warranty or service maintenance clauses associated with this contract. For purchased devices, agencies must maintain an uninterrupted maintenance agreement with the contract vendor for the Lemon Clause to apply past the initial 90-day warranty period. Any device that fails (except due to operator error) to operate in accordance with the manufacturer's published performance specifications four times in any four week period and / or is subject to recurring related problems shall be replaced with a new copier that meets the requirements of the same lot as the original copier, at no cost to the user. The Participating State Contract Administrator will review user requests for the application of this clause and will make a determination regarding its use. If 25% or less of the device’s useful life has been used up, the device must be replaced with a “new device”. A “like for like” device may be used if 25% or more of the useful life of the device has been used up and the Customer agrees to the “like for like” exchange. Note: Prior to the lease or purchase of a device, Contractor must provide Customer with the device’s “Useful Life”. Failure to comply with the requirements of this clause may be grounds for default and contract cancellation by the Lead State Contract Administrator. Response: HP has read and acknowledges. 3.5 Service Requirements 3.5.1 CHK Availability of Repair Parts Awarded Vendors must guarantee the availability of repair parts for a minimum of five (5) years subsequent to Customers acceptance of the contract device. All branded device components, spare parts, application software, and ancillary equipment purchased and supplied under any resulting contract must conform to manufacturer specifications. The Awarded Vendor is responsible for ensuring that these items are operable and installed in accordance with manufacturer’s specifications. Response: HP has read and acknowledges.
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3.5.2 On-Going Point of Contact Awarded Vendors shall provide a single point of contact for all issues and questions regarding the devices and services provided including but not limited to: Pricing, Device Additions / Moves, Contract Issues and Service Escalation Issues. Additionally, the Awarded Vendor will provide a single point of contacts for each Participating State Contract Administrator as well as the Lead State Contract Administrator. Response:
Debra Lee, located in Deerfield, Illinois, will be the designated single point of contact for any and all issues, questions and escalations on the overall Master and State PA’s working directly with the Participating State Contract Administrators and Lead State Contract Administrator.
NAME: Debra Lee TELEPHONE #: 847/537-0344 (office), 847/922-2977 (cell)
EMAIL ADDRESS: [email protected]
3.5.3 Service Contracts Awarded Vendors must offer service and supply contracts for all devices placed under this contract, if applicable. The term of any subsequent service and supply contracts may not extend beyond the initial term of any financial vehicle used to place the device and in the initial placement may not extend beyond 60 months in the case of purchases. For example, if a device is placed on a 60 month lease, a service and supplies contract may not extend beyond the 60 month term of the lease. Response: HP has read and acknowledges; If applicable, any service and/or supply contracts for devices that a procuring entity leases will not extend beyond the separate and independent financial lease contract term. 3.5.4 Hours and Submission Methods 3.5.4.1 Awarded Vendor must perform full service support for all awarded categories during normal business hours (Working Days, 8:00 a.m. – 5:00 p.m.) within the pricing proposed. Response: HP has read and acknowledges. 3.5.4.2 Awarded Vendors may offer additional coverage beyond normal business hours for the servicing of device and may charge an additional monthly base charge for such coverage. Response: HP has read and acknowledges.
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3.5.4.3 Awarded Vendors must provide toll free phone, local phone, facsimile, e- mail, internet and any electronic automated method for Customers to place service calls. Response: HP has read and acknowledges. 3.5.4.4 Awarded Vendors must provide an electronic method for providing periodic meter readings. These electronic methods may include online submission and / or automated electronic submission to be performed by the device in place via an available network connection if approved by the Participating State Contract Administrator and the Customer. Response: HP has read and acknowledges. 3.5.5 Billing and Invoicing 3.5.5.1 Awarded Vendor shall maintain timely and accurate invoicing. Response: HP has read and acknowledges. HP generates invoices at the time of shipment and just as the purchase order information follows the path of the product during fulfillment, this information is also used to process the invoice. Once the order information is electronically entered by the State or Procuring Entity on the B2B site, this same electronic order information is directed to the invoice eliminating the potential for manual errors during processing. 3.5.5.2 The Participating State or Entity and WSCA-NASPO may request at any point proof of the billing accuracy through the data set supporting the billing. If the Customer or WSCA-NASPO has reason to believe that multiple and systemic billing errors exist, that cannot be corrected to the Customer’s or WSCA-NASPO’s satisfaction; the Customer or WSCA-NASPO may require an audit by a nationally recognized third party auditor selected by the State or Participating Entity. If errors are found, the Awarded Vendor must reimburse the Customer or WSCA-NASPO for the cost of the auditor in the event billing errors exceed ten percent (10%) of the actual charges do, and as well as correcting any billing errors Response: HP respectfully requests the changes to this provision which are in underlined above.
HP makes reasonable commercial efforts to ensure invoice accuracy. In the rare event that an invoice is inaccurate, HP will work closely with the State or Procuring Entity to resolve any issues and rectify the situation. As a normal course of business operation, HP performs multiple audits on random invoices to ensure invoicing is contractually compliant.
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3.5.6 Reporting 3.5.6.1 Awarded Vendor shall produce reporting for both the Customer and WSCA- NASPO within 30 days of the closing of a reporting period, as requested. Response: HP has read and acknowledges. 3.5.6.2 Vendor shall produce payment for both any State Specific Administrative Fee and the WSCA-NASPO Administrative Fee within 30 60 days after the end of the calendar quarter of the closing of the reporting period. Response: HP has read and acknowledges. Note: Changes in the due dates of administrative fees were made by WSCA-NASPO in Amendment 1, Jul 16, 2014. 3.5.6.3 The Customer and WSCA-NASPO may request at any point proof of the reporting accuracy through the data set supporting the reporting, as defined above. If the Customer or WSCA-NASPO has reason to believe that multiple and systemic reporting errors exist, that cannot be corrected to the Customer’s or WSCA-NASPO’s satisfaction; the Customer or WSCA- NASPO may require an audit by a third party. If errors are found, the Awarded Vendor must reimburse the Customer or WSCA-NASPO for the cost of the auditor as well as correcting any administrative fee errors. Response: HP respectfully requests the above modification, with the presumption billing errors are previously addressed in Section 3.5.5.2 above. 3.5.7 Customer Training Awarded Vendor must provide minimum of one (1) hour on-site initial training upon device and / or software placement along with an abbreviated user manual for commonly used features of the device and / or software, at no additional charge. Response: HP has read and acknowledges. 3.5.8 Service Level Agreement Attachment O provides a model Service Level Agreement. Awarded Vendors and the Participating State or Entity are responsible for developing a Service Level Agreement customized to the needs of the Participating State or Entity, which should be included in the Participating Addendum. Response: HP has read and acknowledges, however, HP provides its service level agreement which provides the end user the ability to work with HP to quickly resolve any performance issues. Please see Attachments 3.5.8A - HP Customer Terms Support and 3.5.8 B - HP Customer Terms for Software in Tab IX. Vendor respectfully requests the use of its fully detailed service level agreement for this Master Agreement and any Participating Addendum.
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3.5.9 Parts Awarded Vendors must use only Original Equipment Manufacturer (OEM) parts. Used parts will not be accepted within this RFP except as an emergency repair to maintain uptime. Response: HP has read and acknowledges. 3.5.10 Dealer Guidance 3.5.10.1 The Awarded Vendor will be the sole point of contract responsibility. The Lead State Contract Administrator and Participating State or Entities will look solely to the awarded vendor for the performance of all contractual obligations, and the awarded vendor shall not be relieved for the non- performance of any Authorized Dealers and / or all Subcontractors. Response: HP has read and acknowledges. HP will be utilizing Dealers as 1) Reseller Agents; 2) Fulfillment or Servicing Subcontractors; and 3) Authorized Warranty Service Provider’s (ASP) to support an awarded HP Master Agreement and Participating State or Entity Addenda. These partner programs will be available as allowed and approved by the participating state per their Participating Addendum (PA) with HP. HP understands and agrees to be responsible for the authorized dealers supporting HP. 3.5.10.2 Awarded Vendors must provide education and guidance on use of the Master Agreement and Participating Addendums. Response: HP has read and acknowledges. Upon award and after the Dealer Programs and Listing submitted to the State are approved by the State Contract Administrator, the authorized dealers are required to take training that is specific to the requirements of the WSCA-NASPO contract. After all required partner employees have completed the HP initiated training and all other contractual conditions are met, HP issues special authorization to the selected dealers per the authorized programs available in a Participating State to facilitate activation in the program. 3.5.11 Technician Training All service technicians must be factory trained by the OEM and certified to service the awarded devices. Response: HP has read and acknowledges. The HP Services organization and designated HP authorized service providers/technicians deemed necessary for support of this proposal that may provide the warranty/maintenance services will have OEM authorization to be certified to provide services. HP Authorized Service Provider (ASP) personnel must have the qualifications, technical certification, skills, and behavior profile to meet HP’s standards for professionalism. When HP uses Authorized Service Providers to deliver service in support of this contract, we use the same metrics used to measure HP’s own resources. ASPs are viewed and treated as an extension of HP’s service delivery organization, and their performance is measured accordingly, including their professionalism in interacting with procuring entities.
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3.5.12 Timeliness of Service 3.5.12.1 Awarded Vendors must maintain service response time as stated in Section 3.5.4.1, according to the following Service Zones, unless otherwise allowed by the Participating State Contract Administrator:
Urban Response Time Rural Response Time Remote Response Time 4 Hours 1 Working Day 4 Working Days Response: HP has read and acknowledges. 3.5.12.2 New orders for devices must be installed by the Awarded Vendor within 30 calendar days of order placement. Software related to the device must be installed within five (5) working days of the device installation. Excess installation time may be afforded by the Customer. Response: HP has read and acknowledges. Note: The terms “calendar” and “working” were added by WSCA-NASPO in Amendment 1, July 16, 2014. 3.5.12.3 Moves, device pickups and device trade-ins must be accomplished within 30 calendar* days of the request. Response: HP has read and acknowledges. Note: The term “calendar” was added by WSCA-NASPO in Amendment 1, July 16, 2014. 3.5.12.4 Service calls must be acknowledged to the Customer via phone, on-site service call or e-mail within one hour of the placement of a service call. Response: HP has read and acknowledges. 3.5.13 Americans with Disabilities Act (ADA) 3.5.13.1 Awarded Vendors must offer devices that are ADA compliant, i.e. Hearing, Vision, and Mobility. Response: HP has read, acknowledges, and expressly limits to the following capabilities and functions. HP is committed to providing accessible products and services to meet the needs of people with disabilities or age-related limitations. This commitment helps make sure that the benefits of technology are available to all and supports our company's diversity and "Total Customer Experience" objectives.
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Heading up this initiative is the HP Accessibility and Aging Program Office. It is guided by a corporate accessibility policy that is based on the following objectives: Developing accessibility guidelines for products, services, and information that meet regulatory and legislative requirements, and holding product development groups accountable for implementing these guidelines where competitively, technically, and economically feasible Raising the level of awareness of accessibility issues within HP and providing employees with the training and resources required to design, produce, market, and deliver accessible products and services Documenting accessibility features and making information about HP products and services publicly available in an accessible form Supporting and contributing to industry standards and guidelines for accessibility Establishing relationships with leading assistive technology and solution providers Involving people with disabilities or age-related limitations in the development of accessibility guidelines and in the design and testing of products, services, and information All HP managers and employees are expected to support and implement these objectives in accordance with their roles and responsibilities. Section 508 and VPATs HP supports Section 5081 and the efforts of the U.S. federal government to make technology and information accessible to people with disabilities. We use the Voluntary Product Accessibility Template (VPAT) to report how our products conform to Section 508 standards (Section 508 of the Rehabilitation Act of 1973, amended in 1998). As a member of the Information Technology Industry Council (ITI), HP worked with the IT industry and the Government Services Administration (GSA) to develop the VPAT in 2001. HP was also one of the very first companies to include both summary-level and detailed VPAT information on our website at http://www.hp.com/accessibility. Today, we still develop summary and detailed VPATs on individual products to assist our customers in determining what products meet their requirements and to help public- sector customers comply with Section 508. HP includes accessible design principles for electronic and information technology (E&IT) into our product development processes, which include:
1 In 1998, Congress amended the Rehabilitation Act to require federal agencies to make their electronic and information technology accessible to people with disabilities. Inaccessible technology interferes with an individual's ability to obtain and use information quickly and easily. Section 508 was enacted to eliminate barriers in information technology, to make available new opportunities for people with disabilities, and to encourage development of technologies that will help achieve these goals. The law applies to all federal agencies when they develop, procure, maintain, or use electronic and information technology. .
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Employing ITI VPAT best practices (Visit http://www.itic.org/ for more details.) Collaborating with suppliers and partners to improve accessibility Partnering with Microsoft to integrate Windows accessibility features into HP products, including support for Windows Ease of Access features, MSAA, and UIA Using industry-leading third-party Assistive Technology (AT) products in VPAT testing VPAT testing can be performed throughout the product development process in association with our suppliers, third-party companies that specialize in testing IT products for accessibility, or both. This may also include specific testing by persons with disabilities or age-related limitations. Buy Accessible HP is committed to helping our U.S. federal and state customers comply with Section 508. This assistance extends to our support for GSA Buy Accessible (http://www.buyaccessible.gov) and the Accessibility Resource Center (http://buyaccessible.net/VARC/). HP Product Accessibility Engaging with technology is becoming easier than ever for people with disabilities and age-related limitations. HP is continually improving the ease-of-use and accessibility of all our products, including HP desktop, notebook, and tablet PCs; handheld devices; workstations; printers; scanners; and multifunction devices. The following table summarizes accessibility features that may be included in HP product families. HP Product Accessibility
Product family Accessibility features HP Desktop PCs Supports all Microsoft Windows “Ease of Access” and Android “Accessibility” features, including screen magnification, keyboard navigation, speech–to-text command and control, and color and contrast settings. Buttons and other mechanical controls are tactilely sensitive and do not require excessive force to operate. Text and icon labels have higher contrast to support low-vision accessibility. On-screen adjustment settings on the monitors do not disrupt or disable accessibility features of other applications. Compatible with leading third-party assistive technology.
HP Notebook PCs Supports all Microsoft Windows “Ease of Access” and Android “Accessibility” features, including screen magnification, keyboard navigation, speech-to-text command and control, and color and contrast settings. Buttons and other mechanical controls are tactilely sensitive and do not require excessive force to operate. The enhanced design supports single-handed operation for persons with limited mobility.
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Product family Accessibility features Compatible with leading third-party assistive technology.
HP LaserJet Printers Buttons are tactilely discernible. Colored buttons have associated text or icon labels. Other operable controls, such as doors, covers, latches, and paper guides, incorporate accessible design features. Other operable controls, such as doors, covers, latches, and paper guides, incorporate accessible design features. Some models with LCD displays incorporate backlighting to improve low-vision accessibility. On/Off buttons are located in the front or at the side, within reach of wheelchair users. Some models support optional Printer Status and Alerts software, which presents printer alerts and job status to the host PC, allowing users of screen-reader assistive technology access to the printer’s display information.
HP Inkjet Printers Buttons are large, well-spaced, tactilely discernible, and labeled with associated icons. Other mechanical controls, such as doors, covers, and paper trays, do not require excessive force to operate. Front input and output trays are designed for easy access by wheelchair users. Some models incorporate Bluetooth wireless connectivity, infrared ports, and optional duplexing accessories that reduce the need for mechanical user interaction and improve accessibility for users with limited dexterity. Printer driver and toolbox software is keyboard accessible and supports screen-reader assistive technology. Some models have a backlit LCD for better visibility and separate LED light positions to assist those who are colorblind.
HP Photosmart Printers are equipped with memory card readers for direct photo Printers printing from digital camera memory cards. Buttons are tactilely discernible and have associated icon labels. Other operational controls, such as doors, covers, and paper trays, do not require excessive force to operate. Memory card readers and other controls are positioned for access by wheelchair users. Some models incorporate infrared ports and optional duplexing accessories that reduce the need for mechanical user interaction and improve accessibility for users with limited dexterity.
HP Scanners Buttons are tactilely discernible and have associated icon labels. The LCD display utilizes a font size that supports users with low vision. The cover and other operable controls do not require excessive force to operate and are within reach of wheelchair users.
HP Multifunction Control buttons are tactilely discernible and have associated text and All-in-One or icon labels. Other mechanical controls, such as doors, covers, Devices and paper trays, do not require excessive force to operate. Some models have front-mounted digital camera memory card
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Product family Accessibility features readers that allow for ease of access and operation. The control panel on some models is designed at an angle to improve accessibility for wheelchair users. The LCD display on newer models incorporates backlighting that supports low-vision accessibility.
HP Monitors Some models have unique HP “dual-hinge” stand design that allows adjustability for individuals that use bi-focal, tri-focal, or multi-focal lenses. Monitors Application software does not affect user-adjusted contrast, brightness, or selected color setup. On-Screen Display (OSD) functions do not interfere with Microsoft Windows accessibility features. Power switches and OSD buttons are designed for single-handed operation and light actuation force.
HP Tablets Supports all Microsoft Windows “Ease of Access” and Android “Accessibility” features, including screen magnification, keyboard navigation, speech–to-text command and control, and color and contrast settings. Buttons and controls are tactilely discernible. The power button is differentiated by position. Buttons have associated icon labels printed in high contrast that improves accessibility for low-vision users. Some models support optional keyboards, which provide an alternative to touch-screen input. Support for Third-Party Assistive Technology HP also works with leading assistive technology vendors (ATVs) to promote the accessibility of information and technology through the AllianceONE Assistive Technology Vendor Program (HPATV), which helps these companies create solutions such as screen readers, screen magnification, alternative input devices, Braille displays, alternative augmentative communication (AAC) devices, and many other solutions that work on HP products. One of our partners, Enablemart (http://www.enablemart.com), specializes in integrating third-party assistive technology products with HP computers to provide complete solutions that meet the specific needs of individuals with disabilities or age-related limitations. Customer Service Accessibility HP has implemented various measures to increase the accessibility of our support services. For instance, we provide training to customer service and technical support representatives to better serve customers with disabilities or age-related limitations.
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Deaf or hard-of-hearing customers using TRS/VRS or WebCapTel can access HP Customer Support Monday through Friday, 6:00 a.m. to 9:00 p.m. Mountain Time, excluding holidays, at 1-877-656-7058. Customers with other disabilities or age- related limitations that require technical support or questions regarding the accessibility of HP products can call 1-888-259-5707. Support can also be requested via our website at http://www.hp.com/accessibility.
HP Website Accessibility As a pioneer in website accessibility, HP’s public website received “Nonvisual Web Application Certification” in 2003 from the National Federation for the Blind. HP has integrated standards from Section 508 and the World Wide Web Consortium's Web Content Accessibility Guidelines (W3C WCAG) Version 2.0 Level AA into our web standards for hp.com. HP also developed and deployed internal training and tools to enable our web developers to integrate accessibility into hp.com. These standards are put in place to provide consistent conformance to accessibility guidelines across all of HP’s online properties. If non-conformances are reported, the Accessibility and Aging Program Office works with the website developers to remediate the problems. HP regularly tests, audits, and remediates our website to improve the accessibility. Awards and Recognition HP has been recognized for our efforts to improve access to information and technology to persons with disabilities and age-related limitations. More recent awards received include the following: AFB Helen Keller Achievement Award (2010) Diversity Inc. Magazine - #3 Company for People with Disabilities (2005; 2008) daVinci Award (2005) Worldwide Standards and Policy In addition to providing accessible products and services, HP contributes to, and participates in, the development of worldwide standards and policies to improve the access of information and technology through industry and government efforts. HP is actively working with other stakeholders to promote accessible IT standards and policies in the U.S., Europe, Japan, Canada, and other countries around the world. Examples are the U.S. Section 508 "refresh" hosted by the U.S. Access Board, the European Union’s Mandate 376, and the ISO/IEC Joint Technical Committee 1 (JTC1) Special Working Group on Accessibility (SWGA) where the working group has published a Standards Inventory and User Needs Summary to provide guidance on meeting the needs of people with disabilities. For additional accessibility information, our corporate website provides a resource center at http://www.hp.com/accessibility.
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3.6 Environmental Requirements 3.6.1 All devices shall meet EPEAT Bronze registered standard, as stated in Section 3.4.7.4. Additionally, Awarded Vendors should be aware that Participating States or Entities may require environmental performance plans to be in place. Response: EPEAT approved series level devices HP has read and acknowledges, and will only provide applicable HP-branded EPEAT approved series level devices that fall within the EPEAT certified Imaging Equipment categories of products under the HP WSCA-NASPO Master Agreement as allowed per the scope of the contract. At the initial catalog setup for the Master Agreement and subsequent participating states, HP will remove any products that are not EPEAT certified after two (2) years of an awarded contract under the Imaging Equipment categories of products series. To show HP’s commitment to EPEAT, under the new Imaging Equipment category that was added the end of 2012, HP has worked towards certification of the majority of HP Printers, Scanners and Multi-Function Devices currently at the highest volume of a total 160 units certified as of today. It is HP’s goal to work towards having all or as many products EPEAT certified as possible. HP Reporting tools also provide WSCA-NASPO with a data field through an automated report tool showing not only EPEAT certification but the classification for that product whether EPEAT Bronze, Silver or Gold. Environmental Performance Plans HP has read and acknowledges 3.6.2 Awarded Vendors should have environmentally responsible policies including use of recycled material, zero carbon initiatives, zero waste initiatives, and other initiatives not previously covered. Response: With more than 7 billion people seeking greater prosperity worldwide, balancing economic growth with environmental sustainability calls for innovation and leadership. HP is responding to this challenge by improving the efficiency of our products and solutions, as well as our supply chain and operations. By combining the expertise of our people, our innovative technology portfolio, and collaborative partnerships, we create solutions that reduce environmental impact and expand opportunities. We are working with our customers, suppliers, and other stakeholders to create solutions that streamline and replace resource-intensive processes. We will move our business forward while helping people prosper and companies thrive by reducing the environmental footprint across our value chain—in our products and solutions, throughout our supply chain, and within our operations.
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For more details of HP’s environmental sustainability initiatives visit these URLs: http://www8.hp.com/us/en/hp- information/environment/productsandsolutions.html. http://www8.hp.com/us/en/hp-information/global-citizenship/reporting.html 3.6.3 Devices must use returnable, recyclable or remanufactured toner containers and the Awarded Vendor will provide the Customer with the method to return the containers to the Awarded Vendor at no additional charge. Response:
Reuse and Recycling Programs at HP All electronics eventually reach the end of their usable lives and need to be reused, recycled or disposed of properly. It is essential that these items be handled in a secure and responsible method. Incorrect disposal of old IT equipment may harm the environment and improper recycling methods could put private data at risk. HP’s goal is to provide take-back programs with broad geographical coverage and ensure an environmentally responsible option for processing HP products at the end of their life. HP verifies the quality of our global recycling network through third- party vendor audits, and we increasingly rely on third-party recycling certifications when available. HP continues to evaluate expansion of our product take-back programs into additional countries, but this depends in part on the availability of local recyclers that meet our standards or export regulations that allow for legal transport of materials to recycling facilities in other countries. Specialist third-party companies provide reuse and recycling programs on HP’s behalf. HP requires that our recyclers process all material according to best practice and in full compliance with relevant regulations. In particular, HP monitors product take-back programs to ensure there is no “leakage” of material to facilities or organizations outside of our approved vendor network. HP undertakes due-diligence audits of our recycling vendors to ensure compliance with HP’s Supplies recycling standard, Hardware recycling standard, Hardware reuse standard, Policy on export of electronic waste to developing countries, and Supplier code of conduct. HP also requires certification to third-party recycling standards (R2 and e-Stewards) in the many countries where they are available. HP recycling, trade-in, and other asset recovery services are currently available in more than 70 countries and territories worldwide. And HP remanufacturing programs help extend the life of IT hardware—reducing environmental impacts and making IT equipment accessible to more people. (HP recycles products that are no longer suitable for reuse.)
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3.6.4 Device offers the use of an organic photoreceptor or, at a minimum, a photoreceptor that does not contain arsenic, cadmium or selenium. Response: Yes. The photoconductor drum does not contain arsenic, cadmium or selenium. HP Eco-Highlights To achieve a reputation for being green, HP incorporates environmental responsibility at every level of the organization and product design. HP Web Press T230 press reduces waste with digital on-demand printing. HP’s water based pigment inks have very low VOC emissions, no ozone and are non-flammable, non- combustible. A member of the Digital Print De-inking Alliance (DPDA) HP invests in research and development of inks that can be removed for paper recycling and promotes the recyclability of consumables and components. HP A50 Inkjet Web Press Inks are the first water based inks to receive UL Sustainable Products Certification. This means that the ink meets stringent standards for: Heavy metal and phthalate content Solvent and Volatile Organic Compound (VOC) content Hazard profile Packaging and labeling practices Manufacturing practices A50 inkjet web press customers can claim: “Printed with HP A50 Inkjet Web Press Inks, which have achieved UL Sustainable Product Certification” For the second year in a row, HP ranked the highest among electronics companies and fifth overall after Toyota, Johnson & Johnson, Honda, and Volkswagen on the 50 Best Global Green Brands 2012 list issued by Interbrand, a leading brand consultancy. Interbrand also noted several of the ways HP is working toward conservation of resources, such as HP’s: Ongoing commitment to reduce energy consumption, paper use, water consumption, waste, and greenhouse gas emissions across our enterprise; Strong emphasis on green packaging initiatives, the sale of “green products,” product certification, and lifecycle analysis; Focus on making environmental improvements by partnering with transportation, logistics, and other suppliers; Ability to apply our scale, portfolio, and ingenuity to reduce our environmental impact and enable customers to be more energy efficient; or free and convenient printhead recycling. To see how to participate in and for the HP Planet Partners program availability, please visit the HP website: www.hp.com/recycle.
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Material Safety Data Sheets MSDS Search Page
Material Safety Data Sheets (MSDS) for inks and print-heads can be viewed at www.hp.com/go/ecodata. Under the heading "Material Data Sheets" on the gray bar in the middle of the page, click on "inkjet printer supplies". Scroll to find the A50 inks, A51 printheads, and MICR ink. 3.6.5 Device uses toner that is free of carcinogenic, mutagenic or teratogenic substances. Response: Yes. The device uses toner that is free of carcinogenic, mutagenic, or teratogenic substances HP provides comprehensive safety, environmental, and energy-efficiency information about our products. Available information includes the following: Material Safety Datasheets (MSDS)—contain regulatory data, recommendations to ensure safe handling, and safety information about materials, such as physical, chemical, and toxicological properties IT Eco Declarations—provide product information, such as energy use, material use, product safety, and emissions, in an industry-standard format Product environmental profiles—provide product specifications, such as measurements and energy consumption Environmental certifications (eco-labels)—distinguish HP products that meet voluntary conservation standards, such as ENERGY STAR, EPEAT, and Blue Angel Datasheets, profiles, and certifications for many HP products are available online; see www8.hp.com/us/en/hp-information/environment/msds-specs.html.
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HP Eco solutions are products, tools, services, or solutions that have environmental attributes. They are the results of a company-wide commitment to reduce our environmental footprint across the product lifecycle. In addition, HP Eco solutions across all our product categories help lower our customers’ environmental footprint through energy-efficient products, safer materials, and packaging designed with the environment in mind. For a list of HP Eco solutions, see http://www8.hp.com/us/en/hp-information/environment/ecosolutions.html 3.7 Technology Requirements 3.7.1 Network Connections Device must use only one network connection to accomplish network printing and scanning. Response: All proposed devices require only one network connection to accomplish network printing and scanning. 3.7.2 Software Drivers, i.e. Print Drivers 3.7.2.1 All software drivers shall be at a minimum Windows 7 compliant. Response: All proposed devices offer Windows 7 drivers, and most support Windows 8, 8.1, Mac OS X 10.5-10.7, Server 2003 & 2008 and a variety of Linux / Unix distributions. 3.7.2.2 Device must have universal software drivers. Response: All proposed devices in Groups A & D support the HP UPD (Universal Print Driver), used for LaserJets and Officejets. All proposed devices in Group C support the HP Designjet UPD (Universal Print Driver), used for current Designjets. All proposed devices in Group F support HP TWAIN drivers, used for Scanjets. 3.7.3 Authentication and Access 3.7.3.1 Any network connected devices must offer authentication for all features via LDAP and / or Windows AD and the ability to disable authentication for any or all features. Response: All proposed devices in Groups A & D support LDAP / Kerberos / Windows AD authentication with the exception of our Pro devices (Pro M401dne, Pro M451dn, Pro X451dn and Pro X551dw). All Pro devices support a local address book and also support LDAP lookup. HP’s proposed Large Format MFP’s (Group C – Models T2500 and T3500) do not support LDAP authentication; the files scanned on large format devices are generally so large, they are not recommended for transport over email, so this feature is not included.
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3.7.3.2 Any network connected devices must have the ability to connect via Dynamic Host Configuration Protocol (DHCP) or Static IP address. Response: All proposed network connected devices have the ability to connect via DHCP or Static IP. 3.7.3.3 The credential information for any remote authentication method may not be maintained within the copier’s memory or persistent storage. Response: For all proposed devices, if LDAP or other forms of remote authentication are used, credential information is not stored or maintained within the device’s memory or hard disk. 3.7.3.4 Access to the device’s administrative functions must be password protected as per each Participating States or Entities password requirements and must be changed from default at the time of install. Response: HP has read and acknowledges. 3.7.3.5 Customers may require the meter readings, active alerts, error codes or low consumable levels through electronic means. Response: Yes 3.7.4 Security 3.7.4.1 Device and / or software must meet at a minimum the security protocol identified in the National Institute of Standards and Technology (NIST). Response: All proposed devices can be configured to meet can meet security recommendations made by NIST. 3.7.4.2 Any device that has a hard drive must have as an available option, the ability to encrypt any information written to a hard drive. Encryption requirements will be dictated by the Customer. Response: For all proposed devices which include a hard disk, the disk will come as a self- encrypted disk standard or an encryption kit will be included as an option. 3.7.4.3 Device must undergo a Department of Defense (DoD) three-pass minimum level erasure of hard drives at end of product life, or when any hard drive leaves Customer control. Response: HP has read and acknowledges.
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3.7.4.4 Device must have technician removable hard drives that include an obligation to leave the drive in the state’s possession at termination of the placement if so mandated by the Participating State or Entity. The Customer will have the responsibility of securely erasing or destroying the hard drive in this case. Response: HP has read and acknowledges. 3.7.4.5 Device must have the capability for at least a onetime overwrite after the completion of each print / scan job and a structured three (3) times overwrite DoD on a weekly off-hours (outside of Working Days, 8:00 a.m. – 5:00 p.m.) schedule. Response: For all proposed devices, the ability to provide a three-pass wipe is available for temporary job files. This wipe can be scheduled at a time most convenient for the customer using HP’s Web Jetadmin (WJA) tool, which is available for free and is compatible with all proposed devices, except for S900-series models (Group A) where a 1-7 pass wipe is available but must be run at the end of each job and cannot be scheduled. 3.7.5 Software 3.7.5.1 Software must be offered to aid in the aspects of devices as appropriate, throughout the term of the Master Agreement. Response: HP has read and acknowledges. 3.7.5.2 The software included in the Master Agreement shall not be utilized as a standalone imaging solution but as a means to enhance the capabilities of the devices. Response: HP has read and acknowledges.
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Tab VII: Section 4 – Company Background and References 4.1 Vendor Information 4.1.1 Vendors must provide a company profile in the table format below.
Question Response Company name: Hewlett-Packard Company Ownership (sole proprietor, partnership, etc.): Corporation State of incorporation: Delaware Date of incorporation: August 18, 1947 # of years in business: 75
List of top officers: Meg Whitman - Chairman, President and Chief Executive Officer Mohamad Ali - Chief Strategy Officer Martin Fink - Executive Vice President & Chief Technology Officer Henry Gomez - Executive Vice President and Chief Marketing and Communications Officer John Hinshaw - Executive Vice President, Technology and Operations George Kadifa - Executive Vice President, Strategic Relationships Tracy Keogh - Executive Vice President, Human Resources Cathie Lesjak - Executive Vice President and Chief Financial Officer Mike Nefkens - Executive Vice President, Enterprise Services John Schultz - Executive Vice President and General Counsel Bill Veghte - Executive Vice President and General Manager, Enterprise Group Dion Weisler - Executive Vice President, Printing and Personal Systems Robert Youngjohns - Executive Vice President and General Manager, HP Software Location of company headquarters: Palo Alto, CA Location(s) of the company offices: HP provides sales and services in more than 170 countries and employs over 270,000 employees worldwide. To make the documentation relevant, we have only included US-based offices in
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Question Response Attachment 4.1.1b – HP US Sales Office Locations in Tab IX: Other Informational Material.
In addition to the US sales office locations, HP has approximately 100+ Inside Sales Representatives and Field Account Managers, approximately 100 Customer Service Representatives and Order Entry team members (Order Management) dedicated to support State and Local Government and Education. This includes an estimated 12 subcontractors per state where they are allowed, and over 3,000 reseller agents supporting the participating states, not to mention the technical, operational and managerial resources available to support the WSCA-NASPO contract and each participating state and participating entity in meeting the objectives and achieving the lowest overall TCO and highest level of customer satisfaction. Location(s) of the office that will provide the Depends on Participating State Entity. HP has services described in this RFP: office locations nationwide. Number of employees locally with the expertise Depends on Participating State Entity. HP has to support the requirements identified in this employees nationwide. RFP: Number of employees nationally with the Depends on Participating State Entity. HP has expertise to support the requirements in this employees nationwide. RFP: Location(s) from which employees will be Depends on Participating State Entity. HP has assigned for this project: employees nationwide.
4.1.2 Please be advised, pursuant to NRS 80.010, a corporation organized pursuant to the laws of another state must register with the State of Nevada, Secretary of State’s Office as a foreign corporation before a contract can be executed between the State of Nevada and the awarded vendor, unless specifically exempted by NRS 80.015. Response: HP has read and acknowledges.
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4.1.3 The selected vendor, prior to doing business in the State of Nevada, must be appropriately licensed by the State of Nevada, Secretary of State’s Office pursuant to NRS 76. Information regarding the Nevada Business License can be located at http://sos.state.nv.us.
Question Response Nevada Business License Number: 001-TX-1001344286-002 Legal Entity Name: Hewlett Packard Company
Is “Legal Entity Name” the same name as vendor is doing business as?
Yes X No
If “No”, provide explanation. Response: Not applicable. 4.1.4 Vendors are cautioned that some services may contain licensing requirement(s). Vendors shall be proactive in verification of these requirements prior to proposal submittal. Proposals that do not contain the requisite licensure may be deemed non-responsive. Response: HP has read and acknowledges it is responsible for complying will all laws and regulations applicable to its business and the provision of the services. Customer is responsible for complying with all laws and regulations applicable to its business and its receipt or use of the services. Customer imposed license requirements that exceed what is customary for delivery of commercial services, must be disclosed to Vendor and mutually agreed upon prior to acceptance of order(s). 4.1.5 Has the vendor ever been engaged under contract by any State of Nevada agency?
Yes X No
If “Yes”, complete the following table for each State agency for whom the work was performed. Table can be duplicated for each contract being identified.
Question Response Name of State agency: State of Nevada State agency contact name: Marti Marsh Dates when services were performed: 9/1/2012 to Present Type of duties performed: Purchase Technology Products and Services Total dollar value of the contract: $ 37,101,988 (thru June 30, 2014)
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4.1.6 Are you now or have you been within the last two (2) years an employee of the State of Nevada, or any of its agencies, departments, or divisions?
Yes No X
If “Yes”, please explain when the employee is planning to render services, while on annual leave, compensatory time, or on their own time? If you employ (a) any person who is a current employee of an agency of the State of Nevada, or (b) any person who has been an employee of an agency of the State of Nevada within the past two (2) years, and if such person will be performing or producing the services which you will be contracted to provide under this contract, you must disclose the identity of each such person in your response to this RFP, and specify the services that each person will be expected to perform. Response: No 4.1.7 Disclosure of any significant prior or ongoing contract failures, contract breaches, civil or criminal litigation in which the vendor has been alleged to be liable or held liable in a matter involving a contract with the State of Nevada or any other governmental entity. Any pending claim or litigation occurring within the past six (6) years which may adversely affect the vendor’s ability to perform or fulfill its obligations if a contract is awarded as a result of this RFP must also be disclosed. Does any of the above apply to your company?
Yes X No
If “Yes”, please provide the following information. Table can be duplicated for each issue being identified. Response: HP is involved in lawsuits, claims, investigations, and proceedings—including patent, commercial, and environmental matters—that arise in the ordinary course of business. There are no such matters pending that HP expects to be material to the fulfillment of the opportunity under consideration. Matters that are material to HP’s business or financial results are reported in our 10K and other appropriate public filings.
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A summary of government related matters is provided in Attachment 4.1.7 - HP Litigation and Contingencies for your reference.
Question Response Date of alleged contract failure Please see Attachment 4.1.7 - HP Litigation and Contingencies in or breach: Section IX. Parties involved: Description of the contract failure, contract breach, or litigation, including the products or services involved: Amount in controversy: Resolution or current status of the dispute: If the matter has resulted in a Court Case Number court case: Status of the litigation:
4.1.8 Vendors must review the insurance requirements specified in Attachment E, Insurance Schedule for RFP 3091. Does your organization currently have or will your organization be able to provide the insurance requirements as specified in Attachment E.
Yes No X
Any exceptions and / or assumptions to the insurance requirements must be identified on Attachment B, Technical Proposal Certification of Compliance with Terms and Conditions of RFP. Exceptions and / or assumptions will be taken into consideration as part of the evaluation process; however, vendors must be specific. If vendors do not specify any exceptions and / or assumptions at time of proposal submission, the State will not consider any additional exceptions and / or assumptions during negotiations. Upon contract award, the Awarded Vendor must provide the Certificate of Insurance identifying the coverage as specified in Attachment E, Insurance Schedule for RFP 3091. Response: HP has read and acknowledges and will provide a Certificate of Insurance in accordance with HP’s modifications to Attachment E - Insurance Schedule for RFP 3091 – Section 4.1.8, specified in the proposed contract Amendment in Attachment 1 - HP Amendment to WSCA Copier RFP Contract Terms and Conditions HP proposal 8 20 14, with this proposal.
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4.1.9 Company background / history and why vendor is qualified to provide the services described in this RFP. Limit response to no more than five (5) pages. Response: Hewlett-Packard is a technology solutions provider to consumers, businesses and institutions globally. The company’s offerings span information technology (IT) infrastructure, personal computing and access devices, global services, and imaging and printing. The basic business purpose of HP is to invent, engineer and deliver technology solutions that drive business value, create social value and improve the lives of customers. With annual revenue of $112.3 billion (USD), HP ranks 15th on the 2013 U.S. Fortune 500, ranks 43rd on the 2013 Global Fortune 500, and is one of the world’s largest technology companies. HP provides sales and services in more than 170 countries and employs over 270,000 employees worldwide. HP corporate headquarters are located in Palo Alto, California. For more details please see attachment 4.1.9 – HP Company Background and History. 4.1.10 Length of time vendor has been providing services described in this RFP to the public and / or private sector. Please provide a brief description. Response: With more than 25,000 experienced professionals serving public sector accounts, HP is the premier provider of technology products and services that enable government to better respond to citizens. We build strong and lasting high-value relationships by understanding our clients’ needs, meeting or exceeding their expectations, and consistently providing outstanding service and quality. With government experience spanning more than four decades and in 83 countries around the world, we have touched hundreds of thousands of government employees and citizens alike. Let us help you do more while spending less to create a sustainable, transparent and secure IT environment. For more information go to www.hp.com/enterprise/gov/state-local/. 4.1.11 Financial information and documentation to be included in Part III, Confidential Financial Information of vendor’s response in accordance with Section 9.5, Part III – Confidential Financial Information. 4.1.11.1 Dun and Bradstreet Number; 4.1.11.2 Federal Tax Identification Number; and 4.1.11.3 The last two (2) years and current year interim: A. Profit and Loss Statement B. Balance Statement Response: HP has complied with this requirement. Financial information and documentation is included in Part III, Confidential Financial Information of HP’s response in accordance with Section 9.5, Part III – Confidential Financial Information.
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4.2 Subcontractor Information For the purpose of this RFP and subsequent Master Agreement, Authorized Dealers are not considered Subcontractors, and therefore, are not required to provide the following information. 4.2.1 Does this proposal include the use of subcontractors?
Yes X No
If “Yes”, vendor must: 4.2.1.1 Identify specific subcontractors and the specific requirements of this RFP for which each proposed subcontractor will perform services. Response:
At this time, HP has not designated specific subcontractors. HP may be utilizing subcontractors Partners as 1) Reseller Agents; 2) Fulfillment Subcontractors; and 3) Authorized Service Provider’s (ASP) to support a PA. These partner programs may be available as allowed and approved by the participating state per their Participating Addendum (PA) with HP. HP Authorized Service Providers (ASP)/Servicing Subcontractors When a procuring entity calls the HP toll-free technical and warranty support number, the procuring entity may elect to select an HP Local Authorized Services Provider. HP respectfully requests that the local ASP listing be made available for review with the Participating State upon award and negotiation of a State PA. Such options will be based on a standard program allowing the procuring entity to select a local ASP closest to the procuring entity location: http://www8.hp.com/us/en/store- finder/find.do?bs=SR4&type=authorized If the Participating State requires service partners to be listed and approved, HP agrees to include for review and approval as required by the WSCA-NASPO Master Agreement Administrator and the Participating State Procuring official in the format required by the state. All state-approved partners will be listed on the HP WSCA- NASPO Contract Participating State website under “Information Center” on the left- hand side of the screen and/or in the front center for ease of viewing as agreed and approved by the appropriate WSCA-NASPO State officials.
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Please note that as a routine standard business practice, HP may offer third party services as part of a solution for maintenance or custom services. These services are available through HP's standard third party or Services team process via corporate alliances and/or marketing arrangements. HP considers these entities to be "suppliers" as opposed to "subcontractors" as they have been contracted specifically by HP to provide services unique to an opportunity. Any third parties working with HP in this capacity will be suppliers as defined above, and not subcontractors as defined in this section. HP is responsible for performance of any suppliers utilized in support of an awarded contract. HP is open to review this section with the Master Agreement Administrator and Participating State upon award, if required.
Reseller Agent Model Option HP is submitting this option to the WSCA-NASPO states on behalf of authorized Reseller Agents. The HP reseller agent component of HP's WSCA-NASPO contract offers procuring entities the option to involve an HP Authorized partner (reseller agent) to provide pre sales and in some cases post-sales support only. This includes sales support acting as an extension of HP's Sales Account team. This reseller agent program allows the procuring entities to have a direct relationship with HP as the manufacturer while also utilizing the support of the local businesses. The procuring entities may select the reseller by simply putting the reseller number and/or name on the body of the Purchase Order or at the end of the shopping cart for online orders. Under the HP “reseller agent” model for WSCA-NASPO, all orders and payments are made out to HP and fulfilled through HP directly. HP also has a process that can be utilized on an exception basis where the Purchase Order and payments are made out to the “reseller agent” and the reseller agent forwards the order to HP directly for HP fulfillment. This process is generally utilized by diversity partners to facilitate a procuring entity’s diversity credit needs. This option is only available where allowed and as approved by the Participating State per its PA or email approval process as defined by the Participating State Procurement official. Additionally HP offers a Fulfillment Subcontractor option which is described later in this section. The decision to utilize this program is completely at the option of the procuring entity. When the procuring entities utilize one of HP’s resellers for support under this model, HP is still fully responsible for the contract. Since all orders under the HP Reseller Agent program are fulfilled by HP, HP tracks and submits reporting that is available through HP’s automated reporting system as mutually agreed. Reseller Agent Program Description HP believes that one of the most important components in the procurement process is the relationship. For many public sector customers, a local relationship is preferred. That is why HP enlists the services of this vast network of authorized resellers, to provide pre-sales and post-sales service and support to the public sector customers with whom we hold direct contracts. For these pre-sales and post- sales services, HP pays a commission to the reseller. Reseller Agents may provide the following services in support of HP's direct contract in a marketing/sales role:
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Guidance and advice as to the optimal HP Products and Services for the agency’s unique needs Assistance and advice to the procuring entity when appropriate regarding HP Products and Services, procuring entity's order, or any post-sale issues such as the following: – Provide contract price quote – Request Special Large Volume Pricing – Provide technical advice on solution/project requirements – Check on delivery status – Work with HP on expediting order(s) as necessary – Outline HP ordering and return details or any other guidelines – Assist on returns and other post sales issues working with HP Engagement of the HP technical/sales team Follow-up after order is placed and upon delivery of HP products and services to ensure customer satisfaction Utilizing HP’s Reseller Agents allows the procuring entity to establish a working relationship with a Reseller Agent who they can turn to for many things: needs assessments, warranty service, or other services as provided by the contract. The procuring entity determines which, if any, Reseller Agent offers the optimal relationship to meet its individual needs. Naming the Reseller Agent in the body of the purchase order does not affect the transaction between the procuring entity and HP in any way. Under this program, HP is ultimately and fully responsible for the contract. One of the most important aspects of utilizing local partners in either an agent or true partner fulfillment motion for many public sector customer’s is the fact that IT dollars spent by that state return immediately to their own states’ economies: Since customers choose the resellers and reseller agents who receive the sales agent commissions or orders (by referencing a reseller agent on each of their orders or by placing a purchase order directly with an approved partner in states that allow indirect fulfillment), it is the customer who ultimately decides which state economy benefits from those dollars being spent from their budgets. Normally, customers choose to work with resellers partners/agents who are physically located in the area near their own place of business - for obvious reasons of accessibility, the chosen reseller partner/agents are generally located within their state. When HP pays the reseller agent commissions or the state directly pays the partner as in the indirect motion, those dollars return to the state's economy. Fulfillment Subcontractor Option If approved by the Participating State under the PA or via email as defined by the assigned Participating State procurement official, HP may also provide the subcontractor fulfillment option that allows for orders and payments to be made out to the HP authorized Indirect Fulfillment Subcontractor determined and agreed to by the parties. Indirect Fulfillment Subcontractors obtain product through the distribution channel and process orders independently of the HP Direct fulfillment model. Reporting requirements are met in this order fulfillment option by HP in
Page-83 BNA / SLEDW / 15845 HP Response to State of Nevada RFP 3091 August 20, 2014 cooperation with our national distributors. All sales generated under this program are captured and reported by the Distributor directly to HP. HP reviews reports and submits reporting data and pays the appropriate administrative fees in accordance with the Master Agreement and/or Participating State Addendum. HP is fully responsible for the contract regardless of the method that the State or Purchasing Entity chooses to submit its order. By providing a fulfillment choice it is HP’s intent to service the State and Purchasing Entity in the manner they prefer and to create an ecosystem of local business that can participate in the state’s procurement if they meet the selection requirements of both HP and the individual Participating State and WSCA-NASPO Master Agreement contract requirements. Participation by any partner in any of these sale motions requires approval by HP and by the Participating State and is indicated by a listing of approved partners on each State’s approved HP WSCA-NASPO contract website. 4.2.1.2 If any tasks are to be completed by subcontractor(s), vendors must: A. Describe the relevant contractual arrangements; Response: HP will, under separate agreement, require the selected subcontractor(s) to agree to applicable contract flow-down requirements of the prime contract held between HP and the Participating Entity. Each HP Reseller Agent, Service Provider or Fulfillment Subcontractor signs a Business Development Agreement and addendum/service agreement, along with certification requirements. The HP Fulfillment subcontractors supporting this contract and each state and procuring entity addendum are specifically focused on supporting State and Local Government and Education and are referred to as Public Sector Network partners. These partners receive additional training and certification to enable them to assist procuring entities in meeting their special needs. HP only endorses those Fulfillment Subcontractors who are providing services and support to our State and Local Government or Education customers and who have been certified via training that they understand the WSCA-NASPO contract terms and conditions as implemented/executed in the state they serve. Upon award and finalization of a state PA, HP will provide a list of HP authorized partners based on the programs allowed per the State PA for State review and approval. Based on each state’s requirements, HP will make every reasonable effort to verify each partner’s compliance with that state’s requirements to include, but not limited to, partner’s registration with the Secretary of State, current good standing with state procurement, State Vendor Registration, physical location in the state, etc. As done today, HP will provide the state confirmation of the items requested for review and consideration with the final PA and for additions requested throughout the contract term
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B. Describe how the work of any subcontractor(s) will be supervised, channels of communication will be maintained and compliance with contract terms assured; and Response: HP legally binds Fulfillment Subcontractors and Reseller Agents through addenda to the partners’ official HP Business Development Agreement (Authorization) contracts. For WSCA-NASPO Fulfillment Subcontract Partners specifically, this document will include the awarded “WSCA-NASPO Master Price Agreement and Participating State Addendum as part of the Exhibit to the U.S. Partner Agreement and U.S. Public Sector Fulfillment Entity Addendum.” For Reseller Agent Partners, this document is the “Agent Addendum.” Additionally, HP Partners are expected to abide by HP’s “Partner Code of Conduct,” which includes a Standard Business Code of Conduct relative to the State laws and statues governed in HP Compliance training. C. Describe your previous experience with subcontractor(s). Response: HP has a team of Public Sector Territory Managers specifically assigned to support State and Local Government and Education partners and the WSCA-NASPO Contract. Additionally, Partner Business Managers are assigned at the local level to manage the HP relationship with the partners. These teams manage the business relationship with each partner and conduct regular business reviews that include but are not limited to reviewing new program requirements and guidelines, new products, end of life products, road maps on future technology, and any other partner program, HP Company or product updates. By directly supporting the partners with these teams, the partners have immediate access to the same product and program training as HP employees, which enable them to fully represent HP in all aspects of the business. These business relationships with our partners include the different programs that HP has outlined and is offering under this contract. HP works closely with each partner to ensure training and compliance. In a Reseller Agent Model, the partner assists with recommending HP solutions, configurations, and technology and may serve as a local expert resource to the customer and may provide demo units for evaluation purposes and customer education on HP’s products, offerings and solutions. This sales support is outlined above under the “Reseller Agent Model Option” section. In a Fulfillment Subcontractor Model, the partner assists with similar sales and customer satisfaction related support, but also manages the order, invoice and delivery process on behalf of HP. This model is outlined above under the “Fulfillment Subcontractor Option” section. Authorized Service Providers provide warranty break fix and may be authorized for all or a subset of products available in the Bands offered under this contract. HP has a team of service partner teams for both the Printing and Personal Systems Group and the Enterprise Group that manage the relationships, training and certifications to meet the warranty requirements of HP products.
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Experienced HP Authorized Service Providers HP has established the world’s largest and most efficient network of Channel Partners in the industry with thousands of HP Authorized Service Delivery Partners (ASDPs) delivering HP hardware repair services. These ASDPs have the required HP training, certifications, and experience to meet HP’s stringent repair guidelines and policies. WSCA-NASPO can be confident that HP takes significant measures to monitor and manage its relationships with third-party service delivery partners. Service delivery partners are managed by an HP vendor management organization. The vendor management team is responsible for service partner communications, expectation setting, customer information, product knowledge, process development, and contract negotiation. HP and the service delivery partners have worked together to develop very robust, electronic and automated communication processes to monitor and manage the delivery of service to customers, like WSCA-NASPO participants and procuring entities. When HP uses service providers or subcontractor personnel to deliver service to WSCA-NASPO participants and procuring entities, we will utilize the same metrics used to measure HP’s own resources. At HP, service providers and subcontractors are viewed and treated as an extension of our own service delivery organization, and their performance is measured accordingly including their professionalism in interacting with our customers. Many of the service providers and subcontractors employed by HP have a long- standing relationship with our service organization, and provide materials and services to HP customers for many programs and projects on a U.S.-wide or global basis. Such subcontractors are under long-term Master Subcontractor or Basic Order agreements and have proven track records in delivering quality professional services to HP and our customers. HP retains responsibility for all aspects of contract performance regardless of the partner utilized, and HP’s business relationship with our partners helps us serve participating states and procuring entities. 4.2.1.3 Vendors must describe the methodology, processes and tools utilized for: A. Selecting and qualifying appropriate subcontractors for the project / contract; Response: Response: HP has a formal process outlined below for the selection for our Reseller Agents Fulfillment Subcontractors which may change depending on the specific Participating State’s requirements for in State preferences: Reseller Agents In addition to the selection process outlined above, partners who desire to be a Reseller Agent must apply for the Reseller Agent Addendum to their HP Partner Business Development Agreement. This additional contractual requirement defines the roles and responsibilities for reseller agents and facilitates the process whereby agent commissions can be paid to the partner for their participation in the sales process. Only those partners who have completed the Agent Program requirements are allowed to participate as reseller agents under this proposed contract.
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In support of the HP WSCA-NASPO Computer State Participating Addenda; 1. The listing is reviewed based on any State requirements, i.e. located in the State, facility in the State, Registered to do business in the State with the Secretary of State, holds a Vendor Registration, specific limitation on number of partners, service providers, etc. 2. A list is compiled meeting those qualifications 3. The listing may be further reviewed to include, but may not be limited to: a. Actively supporting State & Local Government and Education b. Authorized Public Sector Partner c. Revenue generated to supporting the State agencies Final listing submitted to the State for approval Upon approval, ARF is submitted to the WSCA-NASPO Master Agreement Administrator and the State specific HP e-commerce site is update with the approved partner list. ARF’s may be done weekly or monthly based on the WSCA-NASPO Master Agreement Administrator approval based on the number of updates and activities Public Sector Partner Network The Public Sector Partner Network (formerly “Public Sector Elite”) program is comprised of HP Partners that receive additional training and certifications, and meet specific criteria for authorization. These partners possess the necessary technical and dedicated sales resources to focus on the specialized needs of Government and Education. HP partners that qualify as Public Sector Partner Network partners receive additional marketing and sales support in selling HP products to their specific markets. To qualify for authorization and enrollment in the Public Sector Partner Network, partners must: be an HP Authorized PartnerOne Business Development Partner in good standing currently hold at least one public sector (SLED/FED) contract sell $3,000,000 annually of HP products through the agent tool or indirect resale motion into Public Sector complete Public Sector training (Posted on HP’s Partner Portal and as required by specific contracts) have a minimum of 3 sales reps dedicated to public sector provide an approved business plan to HP HP WSCA-NASPO Fulfillment Subcontractor Partner Program Selection Process
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HP authorizes the partners who are selected to participate as a Fulfillment Subcontract through a rigorous nomination, application and certification process. Only Public Sector partners who also meet the specific requirements of a particular state are nominated to apply for entry into the program. Partners who are invited to apply for participation in the program do so via an extensive application and business plan process. These applications and business plans are reviewed to select only those partners who are most qualified to operate as WSCA-NASPO fulfillment subcontractors based on the number of partners allowed. Upon final selection by HP and subsequent approval by the participating state, these partners are required to take training that is specific to the requirements of the WSCA-NASPO contract. After all required partner employees have completed the HP initiated training and all other contractual conditions are met, HP issues special authorization to the selected partners to facilitate participation in the program, These partners are then required to take additional training that is provided by our national distributors on order and invoice requirements to ensure all transactions are being conducted fully within the terms and conditions of the WSCA-NASPO contract. The partner selection process is a fully documented process to ensure that procedures and practices are consistent across the multiple participating states. The process includes but is not limited to the following procedures: 1. Obtain current listing of all Public Sector partners. 2. Create state-specific criteria based on the WSCA-NASPO and participating state requirements, to include but not be limited to partner’s registration with the Secretary of State, current good standing, State Vendor Registration, and physical location in the State. 3. Once the final listing is created, sales data is captured to include: a. Overall sales volume for each Band of product that partner may support in other areas in that State b. Public Sector sales volume for each Band of product under the contract c. Obtain partner sales certifications and specialist designations 4. Data and state-specific requirements are reviewed with sales and support teams. a. Document final list of partners recommended for participation as Fulfillment Subcontractors. 5. Finalize the partner nomination list per state and obtain concurrence from HP management. 6. Request program application and business plans from finalist list of nominated partners. 7. Review program applications and business plans to select final partners to submit for state approval. a. Ensure that HP has a broad spectrum of partners to cover all product bands, agencies and geographical area in a given state. b. Confirm each is registered with the state, has completed Vendor Registration, is in good standing with the state, is located in the state (if required), or any other requirements defined by the state. 8. Present final list of recommended partners to executive management for final review and approval.
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9. Submit final partner list and any required documentation to the participating state for review and approval, and to the WSCA-NASPO Master Agreement Administrator through the ARF after state approval.
After approval: 1. Conduct Training - Once all identified members of partner organization have successfully completed identified mandatory training, training will be considered complete. 2. HP Partner Letter of Authorization by State – Only after the signed partner agreement and other required documents are received and all necessary partner sales and support team members have completed the training, partners receive an HP Letter of Authorization. After final authorization of all approved partners, HP updates the WSCA-NASPO state-specific e-commerce site with Fulfillment Subcontractor information. 3. Distribution is advised of approved partners, which also triggers secondary partner training by the distributors. 4. Partners may commence selling in approved state(s). HP Authorized Service Providers The HP Services organization and designated HP authorized service providers deemed necessary for this proposal provide the warranty/maintenance services. HP Authorized Service Provider (ASP) personnel must have the qualifications, technical certification, skills, and behavior profile to meet HP’s standards for professionalism. When HP uses Authorized Service Providers to deliver service in support of this contract, we use the same metrics used to measure HP’s own resources. ASPs are viewed and treated as an extension of HP’s service delivery organization, and their performance is measured accordingly, including their professionalism in interacting with HP customers. B. Ensuring subcontractor compliance with the overall performance objectives for the project; Response: All efforts are made to educate, inform, train and clearly communicate all WSCA- NASPO contract requirements to HP’s WSCA-NASPO fulfillment subcontractors, to ensure compliance to contract terms and conditions. For any compliance issues, HP follows the current course of action, which may be different depending on the requirements set by a specific participating state, and agrees to modifications or updates as approved by the WSCA-NASPO Master Agreement Administrator: 1. Review compliance issue and actions with the state-designated Procurement Official. 2. Take appropriate action to correct compliance issue, which may include additional program training for the partner, HP Management involvement, compliance notification or removal of partner from the indirect fulfillment program. HP agrees to finalize a mutually agreeable course of action that meets the WSCA- NASPO Master Agreement Administrator and participating state’s satisfaction.
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Summary HP currently has approximately1500 Public Sector HP authorized reseller agents nationwide, 256 public sector partners, and 2300 HP authorized service providers nationwide to support the WSCA-NASPO Contract. To locate a particular reseller, participating entities can select from the authorized list that will be posted on each HP State WSCA-NASPO contract website by selecting the appropriate State in the map or as noted on the main contract portal page. Only reseller agents and/or subcontractors approved by each participating state, per the required process under the contract, will be listed on the site. One of the great values of a contract with HP is the vast community of local HP authorized partners to service and support procuring agencies with the highly personalized touch that increases customer satisfaction and support while supporting the local communities and providing economic value to the contract. C. Ensuring that subcontractor deliverables meet the quality objectives of the project / contract; and Response: All efforts are made to educate, inform, train and clearly communicate all WSCA- NASPO contract requirements to HP’s WSCA-NASPO fulfillment subcontractors, to ensure compliance to contract terms and conditions. For any compliance issues, HP follows the current course of action, which may be different depending on the requirements set by a specific participating state, and agrees to modifications or updates as approved by the WSCA-NASPO Master Agreement Administrator: 1. Review compliance issue and actions with the state-designated Procurement Official. 2. Take appropriate action to correct compliance issue, which may include additional program training for the partner, HP Management involvement, compliance notification or removal of partner from the indirect fulfillment program. HP agrees to finalize a mutually agreeable course of action that meets the WSCA- NASPO Master Agreement Administrator and participating state’s satisfaction. Summary HP currently has approximately1500 Public Sector HP authorized reseller agents nationwide, 256 public sector partners, and 2300 HP authorized service providers nationwide to support the WSCA-NASPO Contract. To locate a particular reseller, participating entities can select from the authorized list that will be posted on each HP State WSCA-NASPO contract website by selecting the appropriate State in the map or as noted on the main contract portal page. Only reseller agents and/or subcontractors approved by each participating state, per the required process under the contract, will be listed on the site. One of the great values of a contract with HP is the vast community of local HP authorized partners to service and support procuring agencies with the highly personalized touch that increases customer satisfaction and support while supporting the local communities and providing economic value to the contract.
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D. Providing proof of payment to any subcontractor(s) used for this project / contract, if requested by the State. Proposal should include a plan by which, at the State’s request, the State will be notified of such payments. Response: HP remains responsible for reporting all WSCA-NASPO related sales regardless of partner involvement or fulfillment option chosen. Under the standard Reseller Agent model, HP's order management systems track each Reseller Agent's sales. Because all orders are made out to HP, not the Reseller Agent, and therefore fulfilled by HP directly, reporting is managed under the same process as any order received under the contract. Upon receipt of a valid Purchase Order with the selected WSCA-NASPO Master Agreement and/or participating state contract number, referenced quote or referenced WSCA-NASPO selection, or subsequently per verification in email to the procuring agency for orders without a contract number selected, the contract terms and conditions and pricing is applied to the specific purchase order and entered under the contract in the HP system. The assigned HP WSCA-NASPO Contract Specialist requests the monthly and quarterly reports from the HP system that automatically pulls the sales data tied to the specific contract for reporting purposes. Partner Fulfillment Subcontractor Reporting: In the Partner Fulfillment Subcontractor program, HP’s Approved Distribution partners provide regular reporting on sales generated by the authorized partners under the contract directly to the HP Channel team, Primary Account Representative and Contract Specialist. The assigned WSCA-NASPO Channel, Primary Account Representative and Contract Specialist review the reporting to the best of their ability to ensure the format and content meet the requirements of the contract. Once completed and approved by all assigned teams, the WSCA-NASPO Contract Specialist incorporates the reporting into the Master report and subsequent participating state reports as required monthly and quarterly. 4.2.1.4 Provide the same information for any proposed subcontractors as requested in Section 4.1, Vendor Information. Response: At this time, HP does not have any proposed subcontractors, but would like to be able to offer subcontractors if applicable per PA as approved by the Participating State. 4.2.1.5 Business references as specified in Section 4.3, Business References must be provided for any proposed subcontractors. Response: At this time, HP does not have any proposed subcontractors, but would like to be able to offer subcontractors if applicable per PA as approved by the Participating State.
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4.2.1.6 Vendor shall not allow any subcontractor to commence work until all insurance required of the subcontractor is provided to the vendor. Response: HP has read and acknowledges. 4.2.1.7 Vendor must notify the user of the intended use of any subcontractors not identified within their original proposal and provide the information originally requested in the RFP in Section 4.2, Subcontractor Information. The vendor must receive user approval prior to subcontractor commencing work. Response: HP has read and acknowledges. 4.3 Business References 4.3.1 Vendors should provide a minimum of three (3) business references from similar projects performed for private, state and / or large local government clients within the last three (3) years. Response: HP presents the following three business references for WSCA-NASPO review: DeVry Education Group South Carolina Department of Probation Parole and Pardon Services New York City Transit (MTA) 4.3.2 Vendors must provide the following information for every business reference provided by the vendor and / or subcontractor: The “Company Name” must be the name of the proposing vendor or the vendor’s proposed subcontractor. Response: HP has read and acknowledges.
Reference #: RFP 3091 Company HP Name: Identify role company will have for this RFP project (Check appropriate role below): VENDOR SUBCONTRACTOR Project Name: HP Copiers, Printers, MFD’s and Related Services - DeVry Education Group Primary Contact Information Name: David Nichols Street Address: 3005 Highland Parkway City, State, Zip Downers Grove, Il. 60515-5799 Phone, including area code: 630.515.5482 Facsimile, including area code:
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Email address: [email protected] Alternate Contact Information Name: George Chan Street Address: 3005 Highland Parkway City, State, Zip Downers Grove, Il. 60515-5799 Phone, including area code: 630.515.7700 Facsimile, including area code: Email address: [email protected] Project Information Brief description of the project / contract and Installation of 1,900 networked printers, copiers, and description of services performed, including MFD devices nationally deployed in 135 locations with technical environment (i.e., software over 1,000 units located within campuses. Secure applications, data communications, etc.) if printing, authentication, and “Papercut” integration for applicable: student printing and job accounting. Original Project / Contract Start Date: 01/31/2014 Original Project / Contract End Date: 01/30/2017 Original Project / Contract Value: $6.5 - $7.0M Final Project / Contract Date: 01/30/2018 with 1 year extension Was project / contract completed in time Yes originally allotted, and if not, why not? Was project / contract completed within or Yes under the original budget / cost proposal, and if not, why not?
Reference #: RFP 3091 Company HP Name: Identify role company will have for this RFP project (Check appropriate role below): VENDOR SUBCONTRACTOR Project Name: Printer fleet refresh – South Carolina Department of Probation, Parole and Pardon Services. Primary Contact Information Name: Chris Catoe Street Address: 2221 Devine Street. Suite 318-C City, State, Zip Columbia, SC. 29250 Phone, including area code: 803.734.9039 Facsimile, including area code:
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Email address: [email protected] Alternate Contact Information Name: Street Address: City, State, Zip Phone, including area code: Facsimile, including area code: Email address: Project Information Brief description of the project / contract and Agency purchased over 800 print devices to refresh description of services performed, including printer fleet and utilize agency wide. Directly technical environment (i.e., software purchased from HP and the agency supports the fleet applications, data communications, etc.) if internally. Additional purchases of approximately 150 applicable: single function mono laser printers are anticipated in 2014. Original Project / Contract Start Date: 01/2013 Original Project / Contract End Date: 12/2014 Original Project / Contract Value: $500,000.00 Final Project / Contract Date: 01/2016 (3 year refresh schedule) Was project / contract completed in time Yes originally allotted, and if not, why not? Was project / contract completed within or Yes under the original budget / cost proposal, and if not, why not?
4.3.3 Vendors must also submit Attachment F, Reference Questionnaire to the business references that are identified in Section 4.3.2. Response: HP has read and acknowledges. 4.3.4 The company identified as the business references must submit the Reference Questionnaire directly to the Purchasing Division. Response: HP has read and acknowledges.
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4.3.5 It is the vendor’s responsibility to ensure that completed forms are received by the Purchasing Division on or before the deadline as specified in Section 8, RFP Timeline for inclusion in the evaluation process. Reference Questionnaires not received, or not complete, may adversely affect the vendor’s score in the evaluation process. Response: HP has read and acknowledges. 4.3.6 The State reserves the right to contact and verify any and all references listed regarding the quality and degree of satisfaction for such performance. Response: HP has read and acknowledges. 4.4 Vendor Staff Resumes A resume must be completed for each proposed key personnel responsible for performance under any contract resulting from this RFP per Attachment G, Proposed Staff Resume. Response: HP has read and acknowledges.
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HP Response to State of Nevada RFP 3091 August 20, 2014
Tab VIII: Attachment G – Proposed Staff Resume A. Vendors must include all proposed staff resumes per Section 4.4, Vendor Staff Resumes in this section. Response: HP has provided 2 resumes at this time: Debra Lee - Contracts Program Manager (G2) Mark Greenaway – Enterprise Account Manager (G1) B. This section should also include any subcontractor proposed staff resumes, if applicable. Response: At this time, HP does not have any proposed subcontractors, but would like to be able to offer subcontractors if applicable per PA as approved by the Participating State.
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Tab IX: Other Informational Material Vendors must include any other applicable reference material in this section clearly cross referenced with the proposal. Response: HP is providing the following reference material: Attachment 3.5.8a – HP Customer Terms Support Attachment 3.5.8b – HP Customer Terms Sofware Attachment 3.4.11.2 – SLED Direct Returns Policy Attachment 4.1.1 - HP U.S. Sales Office Locations Attachment 4.1.7 - HP Litigation and Contingencies Attachment E - Insurance Schedule for RFP 3091 - Section 4.1.8 Attachment 4.1.9 – HP Company Background History Attachment 9.2.3 4E – HP Sample Statement of Work Attachment 1 - HP Amendment to WSCA Copier RFP Contract Terms and Conditions HP proposal 8 20 14
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Hewlett-Packard Company Customer Terms: Support
1. Parties. These terms represent the terms that governs the purchase of support services from the Hewlett-Packard Company.
2. Orders. “Order” means the accepted order including any supporting materials which the parties identify as incorporated either by attachment or reference (“Supporting Material”). Supporting Material may include (as examples) support product lists, hardware or software specifications, standard or negotiated service descriptions, data sheets and their supplements, and statements of work (SOWs), published warranties and service level agreements, and may be available to Customer in hard copy or by accessing a designated HP website.
3. Order Arrangements. Customer may place orders with HP through our website, customer-specific portal, or by letter, fax or e-mail. Where appropriate, Orders must specify a service delivery date. If Customer extends the service delivery date of an existing Order beyond ninety (90) days, then it will be considered a new Order.
4. Prices and Taxes. Prices will be as quoted in writing by HP or, in the absence of a written quote, as set out on our website, or customer-specific portal at the time an order is submitted to HP. Prices are exclusive of taxes, duties, and fees unless otherwise quoted. If a withholding tax is required by law, please contact the HP order representative to discuss appropriate procedures.
5. Support Services. HP’s support services will be described in the applicable Supporting Material , which will cover the description of HP’s offering, eligibility requirements, service limitations and Customer responsibilities, as well as the Customer systems supported.
6. Eligibility. HP’s service, support and warranty commitments do not cover claims resulting from: 1. improper use, site preparation, or site or environmental conditions or other non- compliance with applicable Supporting Material; 2. Modifications or improper system maintenance or calibration not performed by HP or authorized by HP; 3. failure or functional limitations of any non-HP software or product impacting systems receiving HP support or service; 4. malware (e.g. virus, worm etc.) not introduced by HP; or 5. abuse, negligence, accident, fire or water damage, electrical disturbances, transportation by Customer, or other causes beyond HP’s control.
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Hewlett-Packard Company Customer Terms: Support
7. Dependencies. HP’s ability to deliver services will depend on Customer’s reasonable and timely cooperation and the accuracy and completeness of any information from Customer needed to deliver the services.
8. Change Orders. We each agree to appoint a project representative to serve as the principal point of contact in managing the delivery of services and in dealing with issues that may arise. Requests to change the scope of services or deliverables will require a change order signed by both parties.
9. Services Performance. Services are performed using generally recognized commercial practices and standards. Customer agrees to provide prompt notice of any such service concerns and HP will re-perform any service that fails to meet this standard.
10. Intellectual Property Rights. No transfer of ownership of any intellectual property will occur under this Agreement. Customer grants HP a non-exclusive, worldwide, royalty- free right and license to any intellectual property that is necessary for HP and its designees to perform the ordered services.
11. Intellectual Property Rights Infringement. HP will defend and/or settle any claims against Customer that allege that an HP-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. HP will rely on Customer’s prompt notification of the claim and cooperation with our defense. HP may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. HP is not responsible for claims resulting from any unauthorized use of the products or services.
12. Confidentiality. Information exchanged under this Agreement will be treated as confidential if identified as such at disclosure or if the circumstances of disclosure would reasonably indicate such treatment. Confidential information may only be used for the purpose of fulfilling obligations or exercising rights under this Agreement, and shared with employees, agents or contractors with a need to know such information to support that purpose. Confidential information will be protected using a reasonable degree of care to prevent unauthorized use or disclosure for 3 years from the date of receipt or (if longer) for such period as the information remains confidential. These obligations do not cover information that: i) was known or becomes known to the receiving party without obligation of confidentiality; ii) is independently developed by the receiving party; or iii) where disclosure is required by law or a governmental agency.
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Hewlett-Packard Company Customer Terms: Support
13. Personal Information. Each party shall comply with their respective obligations under applicable data protection legislation. HP does not intend to have access to personally identifiable information (“PII”) of Customer in providing services. To the extent HP has access to Customer PII stored on a system or device of Customer, such access will likely be incidental and Customer will remain the data controller of Customer PII at all times. HP will use any PII to which it has access strictly for purposes of delivering the services ordered.
14. Global Trade compliance. Services provided under these terms are for Customer’s internal use and not for further commercialization. HP may suspend its performance under this Agreement to the extent required by laws applicable to either party.
15. Limitation of Liability. HP’s liability to Customer under this Agreement to the greater of $1,000,000 or the amount payable by Customer to HP for the relevant Order. Neither Customer nor HP will be liable for lost revenues or profits, downtime costs, loss or damage to data or indirect, special or consequential costs or damages. This provision does not limit either party’s liability for: unauthorized use of intellectual property, death or bodily injury caused by their negligence; acts of fraud; wilful repudiation of the Agreement; nor any liability which may not be excluded or limited by applicable law.
16. Disputes. If Customer is dissatisfied with any services purchased under these terms and disagrees with HP’s proposed resolution, we both agree to promptly escalate the issue to a Vice President (or equivalent executive) in our respective organizations for an amicable resolution without prejudice to the right to later seek a legal remedy.
17. Force Majeure. Neither party will be liable for performance delays nor for non- performance due to causes beyond its reasonable control, except for payment obligations. 18. Termination. Either party may terminate this Agreement on written notice if the other fails to meet any material obligation and fails to remedy the breach within a reasonable period after being notified in writing of the details. If either party becomes insolvent, unable to pay debts when due, files for or is subject to bankruptcy or receivership or asset assignment, the other party may terminate this Agreement and cancel any unfulfilled obligations. Any terms in the Agreement which by their nature extend beyond termination or expiration of the Agreement will remain in effect until fulfilled and will apply to both parties' respective successors and permitted assigns. 19. General. Modifications to the Agreement will be made only through a written amendment signed by both parties. Customer and HP agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. Claims
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Hewlett-Packard Company Customer Terms: Support
arising or raised in the United States will be governed by the laws of the resident state of Purchasing Entity, excluding rules as to choice and conflict of law.
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HP Software License Terms
HEWLETT-PACKARD COMPANY CUSTOMER TERMS: SOFTWARE
1. These terms apply to the software product licences and services purchased from Hewlett-Packard Company.
2. Delivery. HP will use all commercially reasonable efforts to deliver software products in a timely manner. HP may elect to deliver software and related software product/license information by electronic transmission or via download.
3. Support Services. HP’s support services will be described in the applicable Supporting Material , which will cover the description of HP’s offering, eligibility requirements, service limitations and Customer responsibilities, as well as the Customer systems supported.
4. Eligibility. HP’s service,support and warranty commitments do not cover claims resulting from: 1. improper use, site preparation, or site or environmental conditions or other non- compliance with applicable Supporting Material; 2. Modifications or improper system maintenance or calibration not performed by HP or authorized by HP; 3. failure or functional limitations of any non-HP software or product impacting systems receiving HP support or service; 4. malware (e.g. virus, worm etc.) not introduced by HP; or 5. abuse, negligence, accident, fire or water damage, electrical disturbances, transportation by Customer, or other causes beyond HP’s control.
5. Software Performance. HP warrants that its branded software products will conform materially to their specifications and be free of malware at the time of delivery. HP warranties for software products will begin on the date of delivery and unless otherwise specified in Supporting Material, last for ninety (90) days. HP does not warrant that the operation of software products will be uninterrupted or error-free or that software products will operate in hardware and software combinations other than as authorized by HP in Supporting Material.
6. Product Warranty Claims. When we receive a valid warranty claim for an HP software product, HP will either repair the relevant defect or replace the software product. If HP is unable to complete the repair or replace the software product within a reasonable time, Customer will be entitled to a full refund upon the prompt written confirmation by Customer that the relevant software product has been destroyed or permanently
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HP Software License Terms
disabled. HP will pay for shipment of repaired or replaced software products to Customer. These terms state all remedies for warranty claims.
7. Remedies: This Agreement states all remedies for warranty claims. To the extent permitted by law, HP disclaims all other warranties.
8. Intellectual Property Rights. No transfer of ownership of any intellectual property will occur under this Agreement. Customer grants HP a non-exclusive, worldwide, royalty- free right and license to any intellectual property that is necessary for HP and its designees to perform the ordered services. If deliverables are created by HP specifically for Customer and identified as such in Supporting Material, HP hereby grants Customer a worldwide, non-exclusive, fully paid, royalty-free license to reproduce and use copies of the deliverables internally.
9. Intellectual Property Rights Infringement. HP will defend and/or settle any claims against Customer that allege that an HP-branded software product or service as supplied under this Agreement infringes the intellectual property rights of a third party. HP will rely on Customer’s prompt notification of the claim and cooperation with our defense. HP may modify the software product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected software product in the first year or the depreciated value thereafter or, for support services, the balance of any pre- paid amount or, for professional services, the amount paid. HP is not responsible for claims resulting from any unauthorized use of the software products or services. This section shall also apply to deliverables identified as such in the relevant Support Material except that HP is not responsible for claims resulting from deliverables content or design provided by Customer.
10. License Grant. HP grants Customer a non-exclusive license to use the version or release of the HP-branded software listed in the Order. Permitted use is for internal purposes only (and not for further commercialization), and is subject to any specific software licensing information that is in the software product or its Supporting Material. For non- HP branded software, the third party’s license terms will govern its use.
11. Updates. Customer may order new software versions, releases or maintenance updates (“Updates”), if available, separately or through an HP software support agreement. Additional licenses or fees may apply for these Updates or for the use of the software in an upgraded environment. Updates are subject to the license terms in effect at the time that HP makes them available to Customer.
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HP Software License Terms
12. License Restrictions. HP may monitor use/license restrictions remotely and, if HP makes a license management program available, Customer agrees to install and use it within a reasonable period of time. Customer may make a copy or adaptation of a licensed software product only for archival purposes or when it is an essential step in the authorized use of the software. Customer may use this archival copy without paying an additional license only when the primary system is inoperable. Customer may not copy licensed software onto or otherwise use or make it available on any public external distributed network. Licenses that allow use over Customer’s intranet require restricted access by authorized users only. Customer will also not modify, reverse engineer, disassemble decrypt, decompile or make derivative works of any software licensed to Customer under this Agreement unless permitted by statute, in which case Customer will provide HP with reasonably detailed information about those activities.
13. License Term and Termination. Unless otherwise specified, any license granted is perpetual, provided however that if Customer fails to comply with the terms of this Agreement, HP may terminate the license upon written notice. Immediately upon termination, or in the case of a limited-term license, upon expiration, Customer will either destroy all copies of the software or return them to HP, except that Customer may retain one copy for archival purposes only.
14. License Transfer. Customer may not sublicense, assign, transfer, rent or lease the software or software license except as permitted by HP. HP-branded software licenses are generally transferable subject to HP’s prior written authorization and payment to HP of any applicable fees. Upon such transfer, Customer’s rights shall terminate and Customer shall transfer all copies of the software to the transferee. Transferee must agree in writing to be bound by the applicable software license terms. Customer may transfer firmware only upon transfer of associated hardware.
15. License Compliance. HP may audit Customer compliance with the software license terms. Upon reasonable notice, HP may conduct an audit during normal business hours (with the auditor’s costs being at HP’s expense). If an audit reveals underpayments then Customer will pay to HP such underpayments. If underpayments discovered exceed five (5) percent of the contract price, Customer will reimburse HP for the auditor costs.
16. US Federal Government Use. If software is licensed to Customer for use in the performance of a US Government prime contract or subcontract, Customer agrees that consistent with FAR 12.211 and 12.212, commercial computer software, documentation and technical data for commercial items are licensed under HP’s standard commercial license.
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HP Software License Terms
17. Global Trade compliance. Software products and services provided under these terms are for Customer’s internal use and not for further commercialization. If Customer exports, imports or otherwise transfers software products and/or deliverables provided under these terms, Customer will be responsible for complying with applicable laws and regulations and for obtaining any required export or import authorizations. HP may suspend its performance under this Agreement to the extent required by laws applicable to either party.
18. Termination. Either party may terminate this Agreement on written notice if the other fails to meet any material obligation and fails to remedy the breach within a reasonable period after being notified in writing of the details. If either party becomes insolvent, unable to pay debts when due, files for or is subject to bankruptcy or receivership or asset assignment, the other party may terminate this Agreement and cancel any unfulfilled obligations. Any terms in the Agreement which by their nature extend beyond termination or expiration of the Agreement will remain in effect until fulfilled and will apply to both parties' respective successors and permitted assigns.
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HP Response to WSCA Copier Bid August 20, 2014
SLED Direct Returns Policy
The information in this document is applicable to Volume Direct SLED customers
SLED Direct Returns Policy Updated: (Q213) Hewlett-Packard Company State and Local Government and Education Customer Return Policy Coverage: These guidelines apply only to returns initiated by State and Local Government or Education customers purchasing HP/Compaq branded product direct from Hewlett Packard Company (“HP”) or a customer purchase under one of HP’s State and Local Government or Education direct contract. A direct contract is defined as a contract by and between HP and a State, Local or Education end user. This return policy does not apply to resellers purchasing directly from HP Direct under a contract held by and between the reseller and the end user. This return policy does not apply to loaners, early marketing units or employee purchases administered as internal HP orders. Products Not Eligible Factory Express Services: Products that require a custom image load, asset tagging and/or special packaging are not eligible unless the products are damaged, customer received an overage or HP incorrectly configured, ordered or shipped product (HP error). Refurbished products: HP/Compaq branded product Consumable products: (i.e. printer cartridges, paper, open box software, etc.) cannot be returned to Hewlett-Packard Third Party Options: Where returns are otherwise governed by the original manufacturer - Note: The original manufacturer may provide their own warranties; the guidelines should be confirmed with the customer support representative when requesting a Return Good Authorization (“RGA”). Product not purchased from HP directly: Which means product purchased from another source, such as a reseller, distributor, etc. not covered under an HP Direct held contract Return of Products Defective Product For product that is defective on arrival, it is recommended that customers call Technical Support at 1-800-HPINVENT to determine if the product can be corrected. Or, the customer may utilize the 30 day goodwill return policy. Also the customer may call the HP North America Customer Service at 1-800-652-6672 to report product that was defective on arrival and obtain warranty service for HP Product, or obtain contact information for warranty services provided by other manufacturers.
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HP Response to WSCA Copier Bid August 20, 2014
Carrier Related Loss or Damaged Shipments Customers should note damages or shortages on the Bill Of Lading at the time of delivery. Within a reasonable time or not later than 30 days from delivery, notify the HP Customer Service team and provide a copy of the Bill of Lading/Packing Slip. Concealed damage(s) or shortage(s) (where the box is in good condition but product is missing or damaged) is an exception and should be reported as soon as practical after delivery in order for HP to establish the claim with the carrier. HP is committed to customer satisfaction and values our relationship with State and Local Government and Education Customer. To show our commitment, HP is providing a goodwill right to return, or exchange unused products within 30 days from receipt of the product. HP does not charge a restocking or handling fee for product returned within 30 days. It’s at HP’s sole discretion to accept return products after 30-days. If a product return is accepted after 30-days a restocking fee may apply. Procedures for Returns The State or Local Government Customer should contact the assigned Customer Service Representative by calling HP’s toll free number, 1.800.727.2472 to coordinate returns or replacements within 30 days from receipt of product. At that time the customer will be issued a Return Good Authorization (RGA) number that shall remain valid for a period of fifteen (15) calendar days from the date of issuance. All materials must be received within the RGA validation period. The HP Customer Service Representative will schedule the pickup for returns and forward an email to the person requesting the return. Faxes can also be forwarded in place of an email. The email will include all the information regarding the return, including the Return Good Authorization Number ("RGA") and carrier name and date of pickup. The Customer Service Representative will assist the Customer on any other details or specifics regarding returns, credits and refunds. Hewlett-Packard reserves the right to refuse any return that does not meet the requirements stated below: Package - Product must be returned in the original shipping packaging. In the event the packaging is not available or unusable, it must be noted when requesting an RGA. If possible, remove all mailing labels on the outside of the box that references the customer address or simply mark out the mailing labels address with a marker. The customer will either receive a mailing label via email that should be attached to the return products and/or will be provided a label by the carrier. Be sure to mark your RGA number on the box. If product for more than one RGA is being returned in the same box, make sure that all RGA numbers are listed on both the mailing label and packing list. If products are received at the Returns Center without valid RGA numbers on the mailing label, your credit may be delayed and proof of delivery or other supporting documentation may be required. The RGA number(s) must appear clearly on the box, as returns will not be accepted without an RGA number.
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HP Response to WSCA Copier Bid August 20, 2014
Returns must be 100% complete, unused, in original and re-sellable condition, with all original packaging, manuals, registration card(s), software, cabling and accessories. If, after the product has been returned and inspected, it is discovered that components are missing from the return, HP reserves the right not to issue an RGA for the return of the missing components. If it is determined that there are missing components when the product is returned, and the customer has received a credit, the customer will be issued an invoice for the missing component. Missing components may include but are not limited to keyboard, mouse, software, speakers, accessories, drives, memory, microprocessors, and processor boards. RGA numbers that have been open for greater than fifteen (15) days may be cancelled and the customer subsequently invoiced for the unreturned product. Another RGA can be requested as long as it is within the 30 days of receipt of the product. Please note that all returned products must be credited against the account and order from which the product was originally invoiced. All products must be returned to the address provided by the HP Customer Service Representative via email or by the carrier: HP Returns 421 New Sanford Road Dock Door 47 LaVergne, TN 37086 RGA XXXXXXXX Please note: HP reserves the right to change any part of its return guidelines.
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Attachment 4.1.1 b - HP U.S. Sales Office Locations The following table provides a listing of HP sales offices in the U.S.
Sales Offices by State Arkansas 2501 Technology Circle, Suite 15 Bentonville AR 72712 355 Ledgelawn Drive Conway AR 72034 California 12610 Park Plaza Drive Cerritos CA 90703 3000 Hanover Street Palo Alto CA 94304 8000 Foothills Boulevard Roseville CA 95747 16399 West Bernardo Drive San Diego CA 92127 Colorado 305 Rockrimmon Boulevard Colorado Springs CO 80919 3404 East Harmony Road Fort Collins CO 80528 Florida 5200 Blue Lagoon Drive, Suite 1000 Miami FL 33126 Georgia 5555 Windward Parkway Alpharetta GA 30004 Idaho 11311 Chinden Boulevard Boise ID 83714 Illinois 2001 Butterfield Road, Suites 700 & 800 Downers Grove IL 60515 Massachusetts 165 Dascomb Road Andover MA 01810 Michigan 585 South Blvd. Pontiac MI 48341 Nebraska 10810 Farnam Drive Omaha NE 68154 New Jersey 200 Connell Drive Berkeley Heights NJ 07922 New Mexico 2351 HP Way Northeast Rio Rancho NM 87144 New York 556 West 22nd Street New York NY 10011 North Carolina 10101 Claude Freeman Drive Charlotte NC 28262 Pennsylvania 1550 Liberty Ridge Drive Wayne PA 19087
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Sales Offices by State Texas 14231 Tandem Boulevard Austin TX 78728 11445 Compaq Center Drive West Houston TX 77070 5400 Legacy Plano TX 75024 Virginia 13600 EDS Drive Herndon VA 20171 Washington 14475 Northeast 24th Street Bellevue WA 98007
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HP Response to RFP 3091 August 20, 2014
Attachment 4.1.7 —Litigation and Contingencies HP is involved in lawsuits, claims, investigations and proceedings, including those identified below, consisting of intellectual property, commercial, securities, employment, employee benefits and environmental matters that arise in the ordinary course of business. In accordance with SFAS No. 5, ‘‘Accounting for Contingencies’’, HP records a provision for a liability when management believes that it is both probable that a liability has been incurred and the amount of the loss can be reasonably estimated. HP believes it has adequate provisions for any such matters. HP reviews these provisions at least quarterly and adjusts these provisions to reflect the impact of negotiations, settlements, rulings, advice of legal counsel, and other information and events pertaining to a particular case. Based on its experience, HP believes that any damage amounts claimed in the specific matters discussed below are not a meaningful indicator of HP’s potential liability. Litigation is inherently unpredictable. However, HP believes that it has valid defenses with respect to legal matters pending against it. Nevertheless, it is possible that cash flows or results of operations could be materially affected in any particular period by the unfavorable resolution of one or more of these contingencies or because of the diversion of management’s attention and the creation of significant expenses. Additional information can be found in the company’s annual report, as filed with the Securities and Exchange Commission (SEC), which requires the disclosure of all legal proceedings that would have a material adverse effect on the company’s consolidated financial position or results of operations. (See Part I, Item 3 of the 2013 Annual Report provided as HP Appendix 11 with this proposal). Litigation, Proceedings and Investigations E-RATE. On November 10, 2010, the DOJ issued a press release regarding its civil settlement with HP relating to qui tam civil complaints filed in the United States District Court for the Northern District of Texas (Dallas) and the Southern District of Texas (Houston). In general, the complaints alleged that HP and several other companies and individuals (including HP employees) provided false representations and certifications in connection with E-Rate sales. The DOJ press release can be viewed at: http://www.justice.gov/opa/pr/2010/November/10-civ-1284.html The activities at the center of this investigation occurred more than five years ago, the partner relationships have been terminated and the employees involved are no longer with the company. HP requires that all employees and partners adhere to lawful and ethical business practices. HP fully cooperated with the authorities and is pleased that the matter is now resolved. On February 4, 2010, Hewlett-Packard Company (“HP”) was served with a complaint filed by a private individual (relator) in U.S. District Court under the Civil False Claims Act. The complaint alleged violations of the Civil False Claims Act. The U.S. Department of Justice declined to intervene in the case. The court granted HP’s motion to dismiss, and the time period for appeal has expired. On October 15, 2010, Hewlett-Packard Company (“HP”) was served with a complaint filed by a private individual (relator) in U.S. District Court under the Civil False Claims Act. The complaint alleged violations of the Civil False Claims Act. The U.S. Department of Justice declined to intervene in the case. On July 19, 2011, the Court granted HP’s motion to dismiss on first-to-file grounds.
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HP Response to RFP 3091 August 20, 2014
India Directorate of Revenue Intelligence Proceedings. On April 30 and May 10, 2010, the India Directorate of Revenue Intelligence (the "DRI") issued show cause notices to Hewlett-Packard India Sales Private Ltd ("HPI"), a subsidiary of HP, seven current HP employees and one former HP employee alleging that HP underpaid customs duties while importing products and spare parts into India and seeking to recover an aggregate of approximately $370 million, plus penalties. Prior to the issuance of the show cause notices, HP deposited approximately $16 million with the DRI and agreed to post a provisional bond in exchange for the DRI's agreement to not seize HP products and spare parts and to not interrupt the transaction of business by HP in India. On April 11, 2012, the Bangalore Commissioner of Customs issued an order on the products-related show cause notice affirming certain duties and penalties against HPI and the named individuals of approximately $386 million, of which HPI had already deposited $9 million. On December 11, 2012, HPI voluntarily deposited an additional $10 million in connection with the products-related show cause notice. On April 20, 2012, the Commissioner issued an order on the parts-related show cause notice affirming certain duties and penalties against HPI and certain of the named individuals of approximately $17 million, of which HPI had already deposited $7 million. After the order, HPI deposited an additional $3 million in connection with the parts-related show cause notice so as to avoid certain penalties. HPI filed appeals of the Commissioner's orders before the Customs Tribunal along with applications for waiver of the pre-deposit of remaining demand amounts as a condition for hearing the appeals. The Customs Department has also filed cross-appeals before the Customs Tribunal. On January 24, 2013, the Customs Tribunal ordered HPI to deposit an additional $24 million against the products order, which HPI deposited in March 2013. The Customs Tribunal did not order any additional deposit to be made under the parts order. In December 2013, HPI filed applications before the Customs Tribunal seeking early hearing of appeals as well as the extension of the stay already granted until final disposition of the appeals. A hearing has been set for June 10, 2014. US Dept of Justice, SEC/Russia GPO and Other FCPA Investigations - The German Public Prosecutor's Office ("German PPO") has been conducting an investigation into allegations that current and former employees of HP engaged in bribery, embezzlement and tax evasion relating to a transaction between Hewlett-Packard ISE GmbH in Germany, a former subsidiary of HP, and the General Prosecutor's Office of the Russian Federation. The approximately €35 million transaction, which was referred to as the Russia GPO deal, spanned the years 2001 to 2006 and was for the delivery and installation of an IT network. The German PPO has issued an indictment of four individuals, including one current and two former HP employees, on charges including bribery, breach of trust and tax evasion. The German PPO has also requested that HP be made an associated party to the case, and, if that request is granted, HP would participate in any portion of the court proceedings that could ultimately bear on the question of whether HP should be subject to potential disgorgement of profits based on the conduct of the indicted current and former employees.
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HP Response to RFP 3091 August 20, 2014
The U.S. Department of Justice (DOJ) and Securities & Exchange Commission (SEC) also conducted an investigation into the Russia GPO deal and potential violations of the Foreign Corrupt Practices Act ("FCPA"). In addition, the same U.S. enforcement agencies conducted investigations into certain other public-sector transactions in Russia, Poland, the Commonwealth of Independent States and Mexico, among other countries. On April 9, 2014, HP announced a resolution of the DOJ and SEC FCPA investigations. Pursuant to the terms of the resolution, HP will pay approximately $108 million to these two U.S. government agencies. HP also has agreed to undertake certain compliance, reporting and cooperation obligations. The Polish Central Anti-Corruption Bureau is also conducting an investigation into potential FCPA violations by an employee of Hewlett Packard Polska Sp.z o.o., an indirect subsidiary of HP, in connection with certain public-sector transactions in Poland. HP is cooperating with these investigating agencies. ECT Proceedings. In January 2011, the postal service of Brazil, Empresa Brasileira de Correios e Telégrafos ("ECT"), notified an HP subsidiary in Brazil ("HP Brazil") that it had initiated administrative proceedings to consider whether to suspend HP Brazil's right to bid and contract with ECT related to alleged improprieties in the bidding and contracting processes whereby employees of HP Brazil and employees of several other companies allegedly coordinated their bids and fixed results for three ECT contracts in 2007 and 2008. In late July 2011, ECT notified HP Brazil it had decided to apply the penalties against HP Brazil and suspend HP Brazil's right to bid and contract with ECT for five years, based upon the evidence before it. In August 2011, HP Brazil appealed ECT's decision. In April 2013, ECT rejected HP Brazil's appeal, and the administrative proceedings were closed with the penalties against HP Brazil remaining in place. In parallel, in September 2011, HP Brazil filed a civil action against ECT seeking to have ETC's decision revoked. HP Brazil also requested an injunction suspending the application of the penalties until a final ruling on the merits of the case. The court of first instance has not issued a decision on the merits of the case, but it has denied HP Brazil's request for injunctive relief. HP Brazil appealed the denial of its request for injunctive relief to the intermediate appellate court, which issued a preliminary ruling denying the request for injunctive relief but reducing the length of the sanctions from five to two years. HP Brazil appealed that decision and, in December 2011, obtained a ruling staying enforcement of ECT's sanctions until a final ruling on the merits of the case. HP expects the court of first instance to issue a decision on the merits of the case before the end of the first six months of calendar year 2014 and any subsequent appeal on the merits to last several years. Copyright Levies. As described below, proceedings are ongoing or have been concluded involving HP in certain European Union ("EU") member countries, including litigation in Germany, Belgium and Austria, seeking to impose or modify levies upon equipment (such as multifunction devices ("MFDs"), personal computers ("PCs") and printers) and alleging that these devices enable producing private copies of copyrighted materials. Descriptions of some of the ongoing proceedings are included below. The levies are generally based upon the number of products sold and the per-product amounts of the levies, which vary. Some EU member countries that do not yet have levies on digital devices are expected to implement similar legislation to enable them to extend existing levy schemes, while some other EU member countries are expected to limit the scope of levy schemes and applicability in the digital hardware environment. HP, other companies and various industry associations have opposed the extension of levies to the digital environment and have advocated alternative models of compensation to rights holders.
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HP Response to RFP 3091 August 20, 2014
VerwertungsGesellschaft Wort ("VG Wort"), a collection agency representing certain copyright holders, instituted legal proceedings against HP in the Stuttgart Civil Court seeking levies on printers. On December 22, 2004, the court held that HP is liable for payments regarding all printers using ASCII code sold in Germany but did not determine the amount payable per unit. HP appealed this decision in January 2005 to the Stuttgart Court of Appeals. On May 11, 2005, the Stuttgart Court of Appeals issued a decision confirming that levies are due. On June 6, 2005, HP filed an appeal to the German Federal Supreme Court in Karlsruhe. On December 6, 2007, the German Federal Supreme Court issued a judgment that printers are not subject to levies under the existing law. The court issued a written decision on January 25, 2008, and VG Wort subsequently filed an application with the German Federal Supreme Court under Section 321a of the German Code of Civil Procedure contending that the court did not consider their arguments. On May 9, 2008, the German Federal Supreme Court denied VG Wort's application. VG Wort appealed the decision by filing a claim with the German Federal Constitutional Court challenging the ruling that printers are not subject to levies. On September 21, 2010, the Constitutional Court published a decision holding that the German Federal Supreme Court erred by not referring questions on interpretation of German copyright law to the Court of Justice of the European Union ("CJEU") and therefore revoked the German Federal Supreme Court decision and remitted the matter to it. On July 21, 2011, the German Federal Supreme Court stayed the proceedings and referred several questions to the CJEU with regard to the interpretation of the European Copyright Directive. The CJEU conducted an oral hearing in October 2012 and is expected to issue a decision, after which the matter will be remitted back to the German Federal Supreme Court. Court of Justice of the EU (CJEU) issued its opinion on the questions referred by the German Supreme Court on June 27th 2013. The German Supreme Court held a hearing on October 31, 2013 and issued a decision on January 22nd 2014 to reopen argument on April 30, 2014. A decision could follow any time thereafter. In September 2003, VG Wort filed a lawsuit against Fujitsu Siemens Computer GmbH ("FSC") in the Munich Civil Court in Munich, Germany seeking levies on PCs. This is an industry test case in Germany, and HP has agreed not to object to the delay if VG Wort sues HP for such levies on PCs following a final decision against FSC. On December 23, 2004, the Munich Civil Court held that PCs are subject to a levy and that FSC must pay € 12 plus compound interest for each PC sold in Germany since March 2001. FSC appealed this decision in January 2005 to the Munich Court of Appeals. On December 15, 2005, the Munich Court of Appeals affirmed the Munich Civil Court decision. FSC filed an appeal with the German Federal Supreme Court in February 2006. On October 2, 2008, the German Federal Supreme Court issued a judgment that PCs were not photocopiers within the meaning of the German copyright law that was in effect until December 31, 2007 and, therefore, not subject to the levies on photocopiers established by that law. VG Wort subsequently filed a claim with the German Federal Constitutional Court challenging that ruling. In January 2011, the Constitutional Court published a decision holding that the German Federal Supreme Court decision was inconsistent with the German Constitution and revoking the German Federal Supreme Court decision. The Constitutional Court remitted the matter to the German Federal Supreme Court for further action. On July 21, 2011, the German Federal Supreme Court stayed the proceedings and referred several questions to the CJEU with regard to the interpretation of the European Copyright Directive. The CJEU conducted an oral hearing in October 2012 and is expected to issue a decision, after which the matter will be remitted back to the German Federal Supreme Court.
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HP Response to RFP 3091 August 20, 2014
Reprobel, a cooperative society with the authority to collect and distribute the remuneration for reprography to Belgian copyright holders, requested HP by extra- judicial means to amend certain copyright levy declarations submitted for inkjet MFDs sold in Belgium from January 2005 to December 2009 to enable it to collect copyright levies calculated based on the generally higher copying speed when the MFDs are operated in draft print mode rather than when operated in normal print mode. In March 2010, HP filed a lawsuit against Reprobel in the French-speaking chambers of the Court of First Instance of Brussels seeking a declaratory judgment that no copyright levies are payable on sales of MFDs in Belgium or, alternatively, that copyright levies payable on such MFDs must be assessed based on the copying speed when operated in the normal print mode set by default in the device. On November 16, 2012, the court issued a decision holding that Belgium law is not in conformity with EU law in a number of respects and ordered that, by November 2013, Reprobel substantiate that the amounts claimed by Reprobel are commensurate with the harm resulting from legitimate copying under the reprographic exception. HP subsequently appealed that court decision to the Courts of Appeal in Brussels seeking to confirm that the Belgian law is not in conformity with EU law and that, if Belgian law is interpreted in a manner consistent with EU law, no payments by HP are required or, alternatively, the payments already made by HP are sufficient to comply with its obligations under Belgian law. Based on industry opposition to the extension of levies to digital products, HP's assessments of the merits of various proceedings and HP's estimates of the number of units impacted and the amounts of the levies, HP has accrued amounts that it believes are adequate to address the matters described above. However, the ultimate resolution of these matters and the associated financial impact on HP, including the number of units impacted, the amount of levies imposed and the ability of HP to recover such amounts through increased prices, remains uncertain. South Carolina Department of Social Services v. HP State and Local Enterprise Services. This administrative proceeding arises from a Contract between the State of South Carolina Department of Social Services and Hewlett Packard State & Local Enterprise Services ("HPSLES") for the design, implementation and maintenance of a federally-mandated Child Support Enforcement and Family Court Case Management System. On July 10, 2013, the State terminated HPSLES for cause, and in its termination notice, the State (1) asserts that HPSLES is responsible for all future federal penalties until the CFS System achieves federal certification, and (2) indicates that it intends to seek suspension and debarment of HPSLES. The parties participated in a three month hearing in front of the South Carolina Chief Procurement Officer. Skold, et al. v. Intel Corporation and Hewlett-Packard Company is a lawsuit in which HP was joined on June 14, 2004 that is pending in state court in Santa Clara County, California. The lawsuit alleges that HP (along with Intel) misled the public by suppressing and concealing the alleged material fact that systems that use the Intel Pentium 4 processor are less powerful and slower than systems using the Intel Pentium III processor and processors made by a competitor of Intel. The plaintiffs seek unspecified damages, restitution, attorneys’ fees and costs, and certification of a nationwide class. On February 27, 2009, the trial court denied the plaintiffs’ motion for class certification with prejudice to plaintiffs filing another motion for class certification. Plaintiffs filed a Notice of Appeal which has been fully briefed. Oral argument occurred on June 14. The appellate court reversed and remanded the matter for further proceedings on August 25, 2011. On or about November 23, 2011, plaintiffs filed a new motion for class certification, seeking certification of a nationwide class. HP's opposition was filed on January 13 and the class certification hearing is scheduled for April 13. The Court issued its final order on April 19, 2012 granting in part and denying in part Plaintiff’s
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HP Response to RFP 3091 August 20, 2014 motion. As required by the Court’s order, Plaintiff’s filed their Fifth Amended Complaint on April 30, 2012. It limits its claims against HP to a California class, while reserving the right to seek additional state-specific subclasses as to HP. Plaintiff has filed its Sixth Amended Complaint. The Court approved Plaintiff’s plan for class notice. Intel filed a motion to dismiss the case based on California rule requiring cases be brought to trial within five (5) years, and HP filed a joinder in that motion. It was denied by the Court. Intel and HP have filed writ petitions with the appeals Court. Plaintiffs have agreed to stay their claims against HP and the parties submitted a joint order to the Court, which was entered on May 9, 2013. Inkjet Printer Litigation. As described below, HP is involved in several lawsuits claiming breach of express and implied warranty, unjust enrichment, deceptive advertising and unfair business practices where the plaintiffs have alleged, among other things, that HP employed a “smart chip” in certain inkjet printing products in order to register ink depletion prematurely and to render the cartridge unusable through a built-in expiration date that is hidden, not documented in marketing materials to consumers, or both. The plaintiffs have also contended that consumers received false ink depletion warnings and that the smart chip limits the ability of consumers to use the cartridge to its full capacity or to choose competitive products. A consolidated lawsuit captioned In re HP Inkjet Printer Litigation is pending in the United States District Court for the Northern District of California where the plaintiffs are seeking class certification, restitution, damages (including enhanced damages), injunctive relief, interest, costs, and attorneys’ fees. A lawsuit captioned Blennis v. HP was filed on January 17, 2007 in the United States District Court for the Northern District of California where the plaintiffs are seeking class certification, restitution, damages (including enhanced damages), injunctive relief, interest, costs, and attorneys’ fees. A lawsuit captioned Rich v. HP was filed against HP on May 22, 2006 in the United States District Court for the Northern District of California. The suit alleges that HP designed its color inkjet printers to unnecessarily use color ink in addition to black ink when printing black and white images and text. The plaintiffs are seeking to certify a nationwide injunctive class and a California-only damages class. Two class actions against HP and its subsidiary, Hewlett-Packard (Canada) Co., are pending in Canada, one commenced in British Columbia in February 2006 and one commenced in Ontario in June 2006, where the plaintiffs are seeking class certification, restitution, declaratory relief, injunctive relief and unspecified statutory, compensatory and punitive damages. On August 25, 2010, HP and the plaintiffs in In re HP Inkjet Printer Litigation, Blennis v. HP and Rich v. HP entered into an agreement to settle those lawsuits on behalf of the proposed classes. Under the terms of the settlement, the lawsuits were consolidated, and eligible class members each have the right to obtain e-credits not to exceed $5 million in the aggregate for use in purchasing printers or printer supplies through HP's website. As part of the settlement, HP also agreed to provide class members with additional information regarding HP inkjet printer functionality and to change the content of certain software and user guide messaging provided to users regarding the life of inkjet printer cartridges. In addition, the settlement provides for class counsel and the class representatives to be paid attorneys' fees and expenses and stipends. On March 29, 2011, the court granted final approval of the settlement. On April 27, 2011, certain class members who objected to the settlement filed an appeal in the United States Court of Appeals for the Ninth Circuit of the court's order granting final
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HP Response to RFP 3091 August 20, 2014 approval of the settlement. On May 15, 2013, the United States Court of Appeals for the Ninth Circuit reversed the District Court's grant of final approval of the settlement on the grounds that the District Court did not properly calculate attorneys' fees. On January 7, 2014, a revised settlement was submitted to the district court for approval. As of April 2, 2014, the district court had not yet listed the matter for a hearing date or or taken any other action on this case. Fair Labor Standards Act Litigation. HP is involved in several lawsuits in which the plaintiffs are seeking unpaid overtime compensation and other damages based on allegations that various employees of EDS or HP have been misclassified as exempt employees under the FLSA and/or in violation of the California Labor Code or other state laws. Those matters include the following: Cunningham and Cunningham, et al. v. Electronic Data Systems Corporation is a purported collective action filed on May 10, 2006 in the U.S. District Court for the Southern District of New York claiming that current and former EDS employees allegedly involved in installing and/or maintaining computer software and hardware were misclassified as exempt employees. Another purported collective action, Steavens, et al. v Electronic Data Systems Corporation, which was filed on October 23, 2007, is also now pending in the same court alleging similar facts. The Steavens case has been consolidated for pretrial purposes with the Cunningham case. On December 14, 2010, the court granted conditional certification of a class consisting of employees in 20 legacy EDS job codes in the consolidated Cunningham and Steavens matter. Approximately 2,600 current and former EDS employees have filed consents to opt-in to the litigation. Plaintiffs had alleged separate "opt out" classes based on the overtime laws of the states of California, Washington, Massachusetts and New York, but plaintiffs have dismissed those claims. Salva v. Hewlett-Packard Company is a purported collective action filed on June 15, 2012 in the United States District Court for the Western District of New York alleging that certain information technology employees allegedly involved in installing and/or maintaining computer software and hardware were misclassified as exempt employees under the Fair Labor Standards Act. On August 31, 2012, HP filed its answer to plaintiffs' complaint and counterclaims against named two of the three named plaintiffs. Also on August 31, 2012, HP filed a motion to transfer venue to the United States District Court for the Eastern District of Texas. A hearing on HP's motion to transfer venue was scheduled for November 21, 2012, but was stayed by the court. Karlbom, et al. v. Electronic Data Systems Corporation is a class action filed on March 16, 2009 in California Superior Court alleging facts similar to the Cunningham and Steavens matters. In March 2010, the court stayed the matter; that stay was lifted in October 2012. On December 13, 2013, HP removed the case to Federal Court. Plaintiffs moved to remand. A remand hearing was held on April 11, 2014. Blake, et al. v. Hewlett-Packard Company is a purported nationwide collective action filed on February 17, 2011 in the U.S. District Court for the Southern District of Texas claiming that a class of information technology support personnel was misclassified as exempt employees under the Fair Labor Standards Act. On February 10, 2012, plaintiffs filed a motion requesting that the court conditionally certify the case as a collective action. On July 11, 2013, the Court denied Plaintiffs’ motion for conditional class certification in its entirety. Only one opt-in plaintiff had joined the named plaintiff in the lawsuit at the time that the motion was filed.
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HP Response to RFP 3091 August 20, 2014
Benedict v. Hewlett-Packard Company is a purported collective action filed on January 10, 2013 in the United States District Court for the Northern District of California alleging that certain technical support employees allegedly involved in installing, maintaining and/or supporting computer software and/or hardware for HP were misclassified as exempt employees under the Fair Labor Standards Act. The plaintiff has also alleged that HP violated California law by, among other things, allegedly improperly classifying these employees as exempt. On September 20, 2013, the plaintiffs filed a motion for conditional class certification. On February 13, 2014, the Court granted Plaintiff’s motion for conditional class certification. Stockholder Litigation. As described below, HP is involved in stockholder litigation commenced against certain current and former HP executive officers and/or certain current and former members of the HP Board of Directors in which the plaintiffs are seeking to recover certain compensation paid by HP to the defendants and other damages: Saginaw Police & Fire Pension Fund v. Marc L. Andreesen, et al. is a lawsuit filed on October 19, 2010 in United States District Court for the Northern District of California alleging, among other things, that the defendants breached their fiduciary duties and were unjustly enriched by consciously disregarding HP’s alleged violations of the FCPA. On March 21, 2012, the court granted the defendants' motion to dismiss, and the court entered judgment in the defendants' favor and closed the case on May 29, 2012. On June 28, 2012, the plaintiff filed an appeal with the United States Court of Appeals for the Ninth Circuit. No oral argument has yet been scheduled. A.J. Copeland v. Raymond J. Lane, et al. is a lawsuit filed on March 7, 2011 in the United States District Court for the Northern District of California alleging, among other things, that the defendants breached their fiduciary duties and wasted corporate assets in connection with HP’s alleged violations with the FCPA, severance payments made to former Chairman and Chief Executive Officer Mark Hurd, and HP’s acquisition of 3PAR Inc. The lawsuit also alleges violations of Section 14(a) of the Exchange Act in connection with HP’s 2010 and 2011 proxy statements. On May 6, 2013, the court granted defendants’ motions to dismiss with prejudice and entered judgment in the defendants' favor. On May 31, 2013, Copeland filed a notice of appeal to the 9th Circuit. Richard Gammel v. Hewlett-Packard Company, et al. is a putative securities class action filed on September 13, 2011 in the United States Court for the Central District of California alleging, among other things that from November 22, 2010 to August 18, 2011, the defendants violated Section 10(b) and 20(a) of the Securities Exchange Act of 1934 by concealing material information and making false statements about HP’s business model and the future of webOS, the TouchPad and HP’s PC business. On May 9, 2013, the Court issued an order granting defendants' motion to dismiss in part. On March 31, 2014, the parties filed a Stipulation of Settlement with the Court which will provide the putative class with $57m in exchange for a release of all relevant claims. The parties will now seek approval of the settlement from the Court. Ernesto Espinoza v. Léo Apotheker, et al. and Larry Salat v. Léo Apotheker, et al. are consolidated lawsuits filed on September 21, 2011 in the United States District Court for the Central District of California alleging, among other things, that the defendants violated Sections 10(b) and 20(a) of the Exchange Act by concealing material information and making false statements about HP's business model and the future of webOS, the TouchPad and HP's PC business. The lawsuits also allege that the defendants breached their fiduciary duties, wasted corporate assets, and were unjustly enriched when they authorized HP's repurchase of its own stock on August 29, 2010 and July 21, 2011. The matter is currently stayed.
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HP Response to RFP 3091 August 20, 2014
Luis Gonzalez v. Léo Apotheker, et al. and Richard Tyner v. Léo Apotheker, et al. are consolidated lawsuits filed on September 29, 2011 and October 5, 2011, respectively, in California Superior Court alleging, among other things, that the defendants breached their fiduciary duties, wasted corporate assets, and were unjustly enriched by concealing material information and making false statements about HP's business model and the future of webOS, the TouchPad and HP's PC business, and by authorizing HP's repurchase of its own stock on August 29, 2010 and July 21, 2011. The lawsuits are currently stayed pending resolution of the Espinoza/Salat consolidated action in federal court. Cement & Concrete Workers District Council Pension Fund v. Hewlett-Packard Company, et al. is a putative securities class action filed on August 3, 2012 in the United States District Court for the Northern District of California alleging, among other things, that from November 13, 2007 to August 6, 2010 the defendants violated Sections 10(b) and 20(a) of the Exchange Act by making statements regarding HP's Standards of Business Conduct ("SBC") that were false and misleading because Mr. Hurd, who was serving as HP's Chairman and Chief Executive Officer during that period, had been violating the SBC and concealing his misbehavior in a manner that jeopardized his continued employment with HP. On February 7, 2013, the defendants moved to dismiss the amended complaint. The court granted Defendants’ Motion to Dismiss the Plaintiff’s First Amended Complaint on August 9, 2013. Plaintiff filed a second amended complaint on September 9. Defendants moved to dismiss on 10/24/2013. Autonomy-Related Legal Matters Investigations. As a result of the findings of an ongoing investigation, HP has provided information to the U.K. Serious Fraud Office, the U.S. Department of Justice, and the SEC related to the accounting improprieties, disclosure failures and misrepresentations at Autonomy that occurred prior to and in connection with HP's acquisition of Autonomy. On November 21, 2012, representatives of the U.S. Department of Justice advised HP that they had opened an investigation relating to Autonomy. HP is cooperating with the three investigating agencies. Litigation. As described below, HP is involved in various stockholder litigation relating to, among other things, its November 20, 2012 announcement that it recorded a non-cash charge for the impairment of goodwill and intangible assets within its Software segment of approximately $8.8 billion in the fourth quarter of its 2012 fiscal year and HP's statements that, based on HP's findings from an ongoing investigation, the majority of this impairment charge related to accounting improprieties, misrepresentations to the market and disclosure failures at Autonomy that occurred prior to and in connection with HP's acquisition of Autonomy and the impact of those improprieties, failures and misrepresentations on the expected future financial performance of the Autonomy business over the long term. This stockholder litigation was commenced against, among others, certain current and former HP executive officers, certain current and former members of the HP Board of Directors, and certain advisors to HP. The plaintiffs in these litigation matters are seeking to recover certain compensation paid by HP to the defendants and/or other damages. These matters include the following: In re HP Securities Litigation consists of two consolidated putative class actions filed on November 26 and 30, 2012 in the United States District Court for the Northern District of California alleging, among other things, that from August 19,
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HP Response to RFP 3091 August 20, 2014
2011 to November 20, 2012 (the “Class Period”), the defendants violated Sections 10(b) and 20(a) of the Exchange Act by concealing material information and making false statements related to HP’s acquisition of Autonomy and the financial performance of HP’s Enterprise Services business. On May 3, 2013, the lead plaintiff filed a consolidated complaint alleging that during the Class Period, all of the defendants violated Sections 10(b) and 20(a) of the Exchange Act and SEC Rule 10b-5(b) by concealing material information and making false statements related to HP’s acquisition of Autonomy, and certain defendants violated SEC Rule 10b-5(a) and (c) by engaging in a “scheme” to defraud investors. HP and the individual defendants filed motions to dismiss in July 2013, which was granted in part and denied in part. The matter is ongoing. In re Hewlett-Packard Shareholder Derivative Litigation consists of seven consolidated lawsuits filed beginning on November 26, 2012 in the United States District Court for the Northern District of California alleging, among other things, that the defendants violated Sections 10(b) and 20(a) of the Exchange Act by concealing material information and making false statements related to HP’s acquisition of Autonomy and the financial performance of HP’s Enterprise Services business. The lawsuits also allege that the defendants breached their fiduciary duties, wasted corporate assets and were unjustly enriched in connection with HP’s acquisition of Autonomy and by causing HP to repurchase its own stock at allegedly inflated prices between August 2011 and October 2012. . On May 3, 2013, the lead plaintiff filed a consolidated complaint alleging, among other things, that the defendants concealed material information and made false statements related to HP’s acquisition of Autonomy and Autonomy’s IDOL technology and thereby violated Sections 10(b) and 20(a) of the Exchange Act, breached their fiduciary duties, engaged in “abuse of control” over HP and corporate waste and were unjustly enriched. The matter is stayed until May 15, 2014. In re HP ERISA Litigation consists of three consolidated putative class actions filed beginning on December 6, 2012 in the United States District Court for the Northern District of California alleging, among other things, that from August 18, 2011 to November 22, 2012, the defendants breached their fiduciary obligations to HP’s 401(k) Plan and its participants and thereby violated Sections 404(a)(1) and 405(a) of the Employee Retirement Income Security Act of 1974, as amended, by concealing negative information regarding the financial performance of Autonomy and HP’s Enterprise Services business and by failing to restrict participants from investing in HP stock. On March 31, 2014, the Court granted HP’s Motion to Dismiss with leave to amend. Vincent Ho v. Margaret C. Whitman, et al. is a lawsuit filed on January 22, 2013 in California Superior Court alleging, among other things, that the defendants breached their fiduciary duties and wasted corporate assets in connection with HP’s acquisition of Autonomy and by causing HP to repurchase its own stock at allegedly inflated prices between August 2011 and October 2012. On April 22, 2013, the court stayed the lawsuit pending resolution of the In re Hewlett-Packard Shareholder Derivative Litigation in federal court.
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HP Response to RFP 3091 August 20, 2014
Environmental HP’s operations and products are subject to various federal, state, local and foreign laws and regulations concerning environmental protection, including laws addressing the discharge of pollutants into the air and water, the management and disposal of hazardous substances and wastes, the cleanup of contaminated sites, the content of its products and the recycling, treatment and disposal of its products including batteries. In particular, HP faces increasing complexity in its product design and procurement operations as it adjusts to new and future requirements relating to the chemical and materials composition of its products, their safe use, the energy consumption associated with those products and product take-back legislation. HP could incur substantial costs, its products could be restricted from entering certain jurisdictions, and it could face other sanctions, if it were to violate or become liable under environmental laws or if its products become non-compliant with environmental laws. HP’s potential exposure includes fines and civil or criminal sanctions, third-party property damage or personal injury claims and clean up costs. The amount and timing of costs under environmental laws are difficult to predict. HP is party to, or otherwise involved in, proceedings brought by U.S. or state environmental agencies under the Comprehensive Environmental Response, Compensation and Liability Act (‘‘CERCLA’’), known as ‘‘Superfund,’’ or state laws similar to CERCLA. HP is also conducting environmental investigations or remediations at several current or former operating sites pursuant to administrative orders or consent agreements with state environmental agencies. HP is also subject to legislation in an increasing number of jurisdictions that makes producers of electrical goods, including computers and printers, financially responsible for specified collection, recycling, treatment and disposal of past and future covered products (sometimes referred to as ‘‘product take-back legislation’’). For example, the European Union (‘‘EU’’) adopted the Waste Electrical and Electronic Equipment Directive in January 2003. That directive makes producers of electrical goods, including computers and printers, financially responsible for specified collection, recycling, treatment and disposal of past and future covered products. The EU member states were obliged to make producers participating in the market financially responsible for implementing these responsibilities.
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4.1.9 Corporate Overview HP Company Profile Hewlett-Packard is a technology solutions provider to consumers, businesses and institutions globally. The company’s offerings span information technology (IT) infrastructure, personal computing and access devices, global services, and imaging and printing. The basic business purpose of HP is to invent, engineer and deliver technology solutions that drive business value, create social value and improve the lives of customers. With annual revenue of $112.3 billion (USD), HP ranks 15th on the 2013 U.S. Fortune 500, ranks 43rd on the 2013 Global Fortune 500, and is one of the world’s largest technology companies. HP provides sales and services in more than 170 countries and employs over 270,000 employees worldwide. HP corporate headquarters are located in Palo Alto, California. Some of the HP Company Fast Facts
Net Annual Business Headquarters Employment Revenue R&D Budget Presence
Palo Alto, CA Over 270,000 $112.3 Billion $3.3 Billion Over 170 Countries
Company History Hewlett-Packard (HP) was founded in 1939 by two engineers—Bill Hewlett and Dave Packard—who believed in the power of technology and the contribution it could make to our customers’ lives, communities and businesses. More than 70 years later, we are still a company that applies new thinking to improve the lives and businesses of our customers. Today HP is one of the largest technology companies in the world, with a global reach and an array of solutions that go well beyond the printers and PCs that we are famous for. At HP we are proud that our products touch so many lives, and we want you to know that this is just the beginning. We believe that technology is vital to helping us all succeed in this rapidly changing world. We believe that because we serve such a wide range of customers we have a unique perspective on their needs and an exceptional level of insight into how they may be solved. And we are committed to using our products, services, and ideas to unleash the exciting new possibilities just around the bend.
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HP Milestones—Important Dates in HP History
In its proud history, HP has not only changed the face of technology but also changed the way that an entire industry has come to view its commitments to its people, its customers, its communities and the world. Investing in Growth Ahead of Industry Trends HP has been investing ahead of the market trends that matter most. We have invested nearly 50 billion dollars over the past 5 years in Research and Development and Mergers and Acquisitions. Substantial investments in cloud and connectivity will help enable seamless, secure, and context-aware experiences for our customers, from the hybrid infrastructure through the end device. And of course, software has been a critical part of HP’s strategy. IT management, security, and information management—including analytics and digitization—have been focus areas for us: critical software assets for cloud and connectivity. Acquisitions such as Autonomy, Vertica, ArcSight and Mercury, have given us tremendous software IP assets. Each of our new product releases and acquisitions take advantage of HP’s unique strengths—including our sales reach and our scale. With a world-class supply chain, we are able to provide winning converged infrastructure strategies and solutions. Just as we have been in the past, HP will continue a disciplined build, buy, and partner strategy. Corporate Values and Objectives HP has articulated a short yet compelling list of values that encapsulate the culture, vision and energy of today’s company: • Passion for customers • Trust and respect for individuals • Achievement and contribution • Results through teamwork • Speed and agility
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• Meaningful innovation • Uncompromising integrity The real achievements of an organization come from individuals working toward common objectives. Our objectives, which were first published in 1957 and have been altered only slightly since then, continue to reflect the organization’s basic character and personality. The following are the HP corporate objectives: • Customer Loyalty—We earn customer respect and loyalty by consistently providing the highest quality and value. • Profit—We achieve sufficient profit to finance growth, create value for our shareholders, and provide the resources necessary to achieve all our corporate objectives.. • Market Leadership—We lead in the marketplace by developing and delivering useful, innovative products, services, and solutions. • Growth—We recognize and seize opportunities for growth that builds upon our strengths and competencies. • Employee Commitment—We demonstrate our commitment to employees by promoting and rewarding based on performance and by creating a work environment that reflects our values. • Leadership Capability—We develop leaders at all levels who achieve business results, exemplify our values and lead us to grow and win. • Global Citizenship—We fulfill our responsibility to society by being an economic, intellectual and social asset to each country and community where we do business. HP Strategy HP is providing solutions for the new style of IT. The IT industry is changing and HP brings advantages of scale, the breadth and depth of our portfolio, our innovation, and our competitiveness to our customers every day and in almost every country in the world. We are building on our strength to deliver greater value to you. This New Style of IT, which we see as a transformational shift bridging the consumer and enterprise experience, has almost unprecedented reach and impact. IT has changed not just business processes and personal productivity, but the very ways people communicate and collaborate. For our customers, this New Style of IT promises simplicity, greater agility, speed and lower costs. It is driven by the interrelated trends of Cloud, Security, Mobility and Big Data . And yet, with great opportunity comes great challenge. Our customers are looking for help from trusted advisors to understand how they navigate this brave new world. And they need comprehensive solutions that solve their toughest business problems, not just a set of disparate IT assets. At HP, we can help [CustomerName] address the challenges and opportunities of this new market paradigm. Our heritage and history of innovation, supporting open systems and partnering, along with our critical mass in hardware, software and services, are tremendous assets. The work that we are doing at HP matters for today and for the long term.
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HP Solutions Each piece of the HP portfolio fits into our strategy. Each brings a capability to help customers turn challenges into opportunities, and we deliver this incredible portfolio in the way that is best for the customer: on-premise, in traditional data centers, or in outsourced data centers that we manage. We can deliver it in the cloud: in a private managed cloud, in a public cloud, or in a hybrid delivery system. And we can deliver it on almost any device via applications designed and delivered for a mobile world. The HP Executive Team are experienced professionals—a blend of long time HPers who know and understand the company culture and others who bring a fresh, new perspective to set and deliver upon our strategy
Meg Whitman President and Chief Executive Officer
Mohamad Ali George Kadifa John Schultz Chief Strategy EVP, Strategic EVP & General Officer Relationships Counsel
Martin Fink Tracy Keogh Bill Veghte EVP & Chief EVP, Human EVP & General Technology Resources Manager, Officer Enterprise Group
Henry Gomez Cathie Lesjak Dion Weisler EVP, Chief Marketing EVP & Chief EVP, Printing and & Communications Financial Officer Personal Systems Officer
John Hinshaw Mike Nefkens Robert Youngjohns EVP, Technology & EVP, Enterprise EVP and GM, Operations Services HP Software
For biographical profiles of members of the HP executive management team, refer to http://www.hp.com/hpinfo/execteam/. Business Organization HP has four major lines of business with people who work in 170 countries. Our portfolio spans servers, storage, networking, personal computing, imaging and printing, software, services, and solutions. • The Printing and Personal Systems (PPS) Group brings to market leading its expertise in inkjet, LaserJet and commercial printing as well as business and consumer PCs, mobile computing devices and workstations. The mission of PPS is to leverage the respective strengths of the Personal Systems business and the Printing business in creating a single, unified business that is customer-focused and poised to capitalize on rapidly shifting industry trends. Personal Systems provides commercial personal computers, workstations, tablets, calculators and other related accessories, software and services for the commercial and consumer markets. Printing provides consumer and commercial printer hardware, supplies, media and scanning devices. Printing is also focused on imaging solutions ranging from managed print services to capturing high-value pages in areas such as industrial applications, outdoor signage, and the graphic arts business.
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• The HP Enterprise Group draws from a world-class portfolio of business products including servers, storage, and networking products and solutions that fulfill a wide range of customer needs and market requirements. Our Converged Infrastructure portfolio combined with our Cloud Service Automation software suite creates the HP CloudSystem. This integrated solution enables enterprise and service-provider clients to deliver infrastructure, platform and software-as-a-service in a private, public or hybrid cloud environment. By providing a broad portfolio of products, we can provide solutions for a wide range of operating environments, spanning both the enterprise and the SMB markets. • HP Software provides enterprise information management solutions for both structured and unstructured data, IT management software, and security intelligence/risk management solutions. Solutions are delivered in the form of traditional software licenses, software-as-a-service, hybrid or appliance deployment models. Augmented by support and professional services, our software solutions allow IT organizations to gain customer insight and optimize infrastructure, operations, application life cycles, application quality, security, IT services and business processes. In addition, these solutions help businesses proactively safeguard digital assets, comply with corporate and regulatory policies, and control internal and external security risks. • HP Enterprise Services delivers value across IT services in seven areas: Workplace and Mobility Solutions; Workload and Cloud Solutions; Analytics and Data Management; Projects and Application Services; Enterprise Security; Business Process Services; and Industry Solutions. Services delivers to its clients by leveraging investments in consulting and support professionals, infrastructure technology, applications, standardized methodologies and global supply and delivery. Our services businesses also create opportunities for us to sell additional hardware and software by offering solutions that encompass both products and services. These businesses share core functions, such as R&D, are structured flexibly to leverage joint opportunities effectively, and are linked by common processes and communications that enable the delivery of seamless service and a consistent message to customers. Global Reach Several vendors claim to have global capabilities, but few can claim a global infrastructure able to deliver a full range of IT services anywhere in the world. HP can provide seamless access to our global talent pool, infrastructure, globally consistent tools and processes and Global Services Network to help ensure security, privacy and business continuity. HP offers a broad portfolio of services that includes customer support, consulting and integration, outsourcing services, and education. HP can enter at any point of the engagement lifecycle, to design, build, integrate, manage and evolve a solution tailored to address [CustomerName]’s specific business requirements. HP offers technology solutions that help customers transform their IT environment into a business asset.
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The Power of Partnership HP understands that working cooperatively with other solution providers is vital to the success of complex IT projects. HP has therefore cultivated and sustained partnerships with 145,000 sales partners and 210,000 service partners around the world. These partners include leading software suppliers, systems integrators, and equipment providers worldwide. Among the top technology providers with which HP has forged significant alliances are Intel, Microsoft, and SAP, to name just a few. HP frequently collaborates on IT solutions with such leading firms as Accenture, Deloitte Consulting, BearingPoint and Capgemini. Together, HP and its partners deliver comprehensive, seamlessly integrated and fully optimized computing solutions that assure rapid project deployment and simplified ongoing management.
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ATTACHMENT E INSURANCE SCHEDULE FOR RFP 3091
Insurance - Section 17 of the WSCA-NASPO Master Agreement Terms and Conditions, Attachment D. a. Unless otherwise agreed in a Participating Addendum, Contractor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contractor shall acquire maintain such insurance from an insurance carrier or carriers licensed to conduct business in each Participating Entity’s state and having a rating of A-, Class VII or better, in the most recently published edition of Best’s Reports. Failure to buy and maintain the required insurance may result in this Master Agreement’s termination or, at a Participating Entity’s option; result in termination of its Participating Addendum.
b. Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories:
(1) Commercial General Liability covering premises operations, independent contractors, products and completed operations, blanket contractual liability, personal industry (including death), advertising liability, and property damage, with a limit of not less than $1 million per occurrence/$2 million general aggregate;
(2) Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements.
c. Contractor shall pay premiums on all insurance policies. Such policies shall also reference this Master Agreement and shall have a condition that they not be revoked by the insurer until thirty (30) calendar days after notice of intended revocation thereof shall have been given to Purchasing Entity and Participating Entity by the Contractor.
d. Prior to commencement of performance, Contractor shall provide to the Lead State a written endorsement to the certificate of insurance evidencing Contractor’s general liability insurance policy or other documentary evidence acceptable to the Lead State that (1) names includes the Participating States identified in the Request for Proposal as additional insured’s, (2) provides that no material alteration, cancellation, non-renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating State has been given at least thirty (30) days prior written notice, and (3) provides that the Contractor’s liability insurance policy shall be primary, with any liability insurance of any Participating State as secondary and noncontributory. Unless otherwise agreed in any Participating Addendum, the Participating Entity’s rights and Contractor’s obligations are the same as those specified in the first sentence of this subsection. Before performance of any Purchase Order issued after execution of a Participating Addendum authorizing it, the Contractor shall provide to a Purchasing Entity or Participating Entity who requests it the same information described in this subsection. e. Contractor shall furnish to the Lead State, Participating Entity, and, on request, the Purchasing Entity copies of certificates of all required insurance within thirty (30) calendar days of the execution of this Master Agreement, the execution of a Participating Addendum, or the Purchase Order’s effective date and prior to performing any work. The insurance certificate shall provide the following information: the name and address of the insured; name, address, telephone number and signature of the authorized agent; name of the insurance company (authorized to operate in all states); a description of coverage in detailed standard terminology (including policy period, policy number, limits of liability, exclusions and endorsements); and an acknowledgment of the requirement for notice of cancellation. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after any renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at sole option of the Lead State, or any Participating Entity, result in this Master Agreement’s termination or the termination of any Participating Addendum. f. Coverage and limits shall not limit Contractor’s liability and obligations under this Master Agreement, any Participating Addendum, or any Purchase Order.
[Agreement number] BPS Agreement to [Customer Name] [Date of Issue]
BASIC PRINT SERVICES AGREEMENT
BETWEEN
HEWLETT-PACKARD COMPANY
AND
{CUSTOMER}
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[Agreement number] BPS Agreement to [Customer Name] [Date of Issue]
BASIC PRINT SERVICES AGREEMENT
The HP Basic Print Services (BPS) are described in this Basic Print Services Agreement (“Agreement”) which is made up of the Services and Pricing Statement, Parts A, B and C, and the Appendices.
Table of contents Services and Pricing Statement Part A - Description of Services Part B – BPS Terms and Conditions Part C – General Terms and Conditions Appendix A – Customer Sites Appendix B – Device Installation Schedule Appendix C – Change Order Template
Services and Pricing Statement Customer and Hewlett-Packard information Hewlett-Packard Company - Mail customer signed contract and Customer (“Customer”) Address to mail executed contract and Notices to: Notices: Hewlett-Packard Company Customer name address [address] Customer Billing Address:
HP and Customer may be individually referred to as “Party”, and collectively as the “Parties”
1 SERVICES STATEMENT
SERVICES & PRICING STATEMENT
1. SERVICES STATEMENT
Customer and Contract general information Customer Country Customer (“Customer”) Proposal Date
Currency Contract Number Requestor Name Effective Date Device/Software Product/Cluster Term Billing period Levies (Copyright fee or Reprobel) included in price.
Table A: Fleet table
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Forecast HW Support Maintenance Fleet Product Description (incl. Monthly Print Product Delivery / Qty Service Level Kit Service Item Accessories) Volume per ownership Installation (response time) Level Product
Product ownership by HP = HP-provided Product Product ownership by Customer = Customer-provided Product
Table B: Page split table
Page split
Fleet Mono Pages Colour Pages / High Colour Professional Product Description Item / Low Density Pages (%) Density Pages (%) Pages (%)
Table C: Services selected by Customer
Table C2 : Serv ice exceptions Unless specified below, all services defined in table C apply to all Devices.
Fleet Product Description Excluded Services Item
2. Pricing Table
Pricing Table I – Level Pay
Monthly Fixed Fee per Fleet Monthly Base Charge per Product Product Description Qty Product Item (Currency) (Currency)
Pricing Table II – Level Pay - Print Cartridge Section
Fleet Print Cartridge Description First Year Quantity per Product Item
Pricing Table III – Forecast Pricing Summary Device Forecast s Forecast Total Total colou Forecast Base Charg Forecast Click Forecast Total quantit Mono Pages r Total Pages e Charge Charges Fleet TOTAL y qty Pages qty qty (Currency) (Currency) (Currency)
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Forecast average mono cost per page Forecast average colour cost per page Forecast average cost per page
2 BILLING MODELS, CONSUMABLE RECONCILIATION AND EARLY TERMINATION FEES 2.1 Billing model table
The table below defines the agreement billing model, the associated reconciliation and Early Termination Fees calculation processes.
Billing Model Base + Click Billing Model Description Customer will pay monthly Fees equal to a fixed monthly base payment (“Base Charge”), plus a variable monthly payment equal to the number of print outputs (Clicks) multiplied by the cost per print output (Click Charge), as set forth in the pricing table above and in applicable Change Orders. In addition, the Customer may be billed Start-up and recurring Service Fees as defined in the Pricing Tables above. This billing model requires the use of Remote Monitoring. Reconciliation Frequency Base + Click reconciliation will be performed as an exception only. Early Termination Fees & Unless otherwise agreed in writing, Early Termination Fees include an aggregate lump sum payment of all calculation remaining Base Charges which would have been owed by Customer for the remaining Term (Early Termination Fee per affected product = Monthly Base Charge per product multiplied by remaining months of Term).
Billing Model Base + Click with minimums Billing Model Description The Customer is billed a Base Charge per Device and an Excess Click Charge (as defined below) per Device as specified in Table I above. The Base Charge is calculated for each Device as the total fixed and variable costs associated with the committed monthly volume of printed or copied pages per Device, as defined in table A (Monthly Page Volume per Device). For color Devices, the committed volume is defined per page type (Mono, Color and if applicable Color Professional) according to the split in Table B. The Excess Click Charge is calculated for each Device as the predefined additional variable costs for excess printed/copied pages, multiplied by the actual number of pages printed in excess of the committed print volume per page type included in the base fee. The Base Charge will be incurred even if the actual print/copy volume is lower than the committed volume included in the Base Charge. In addition, the Customer may be billed Start-up and recurring Service Fees as defined in the Pricing Tables above. This billing model requires the use of Remote Monitoring. Reconciliation Frequency Reconciliation will be performed as an exception only. Early Termination Fees & Unless otherwise agreed in writing, Early Termination Fees include an aggregate lump sum payment of all calculation remaining Base Charges which would have been owed by Customer for the remaining Term (Early Termination Fee per affected product = Monthly Base Charge per product multiplied by remaining months of Term).
Billing Model Cost per Page with minimums Billing Model Description HP will issue monthly invoices and Customer will pay a Click Fee per Device equal to the number of print outputs (Clicks) per Device multiplied by the cost per print output (Click Charge) per Device, as set forth in the pricing table above and in applicable Change Orders. In the event the Committed Monthly Print Volume for a given Device has not been reached, Customer will be invoiced a Click Fee based upon a number of Monthly Clicks equal to the Committed Monthly Print Volume. For color Devices, the Committed Monthly Print Volume per Device is further delineated and the number of Committed mono and color clicks are determined by the percentage page split specified in table B above. Customer may not carry over the unused portion of the Committed Monthly Print Volume per Device to any other month or Device. In addition to the monthly Click Fees, the Customer may be billed Start-up and recurring Service Fees as defined in the Pricing Tables above. This billing model requires the use of Remote Monitoring. Reconciliation Frequency Cost per page reconciliation will be performed as an exception only. Early Termination Fees & Unless otherwise agreed in writing, Early Termination Fees include an aggregate lump sum payment of all calculation remaining Fees which would have been owed by Customer for the remaining Term, as if termination had not occurred and based on committed page volume as per above pricing table (Early Terminatio n Fee per affected product = Click Price multiplied by Committed monthly print volume per affected product and multiplied by remaining months of Term).
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2.2 Page format reference for Click Charges The Click count will be provided to HP by Remote Monitoring. A4 and Letter size prints will be charged at the rate of 1 (one) click per impression. Legal size prints will be charged at the rate of 1.3 (one point three) clicks per impression. A3 size prints will be charged at the rate of 2 (two) clicks per impression. All other page sizes will be charged at the conversion rate as reported by the Device. A duplex page will be charged as 2 impressions regardless of whether ink or toner is used on both sides of the page, unless all of the following conditions are met: (i) the Duplex Printing capability is supported and enabled for use in a Device; (ii) the Customer agrees to enable Print Usage Tracking via Web Jetadmin 10.2 CPE 2 release or higher; (iii) Customer applies firmware updates (when required) to support duplex impression counts at Device level. If all of these conditions are met, HP, to the best of its technical ability, will count only the printed sides of a sheet as reported by the Device.
For prints/copies on OfficeJet Enterprise Devices, Accent Color pages (impressions with color content less than 90K color pixels i.e. 0.5 in2) will be charged as Mono pages, General Office Color pages will be charged as Color pages and other Color pages will be charged as Color Professional pages, unless otherwise specifically stated herein.
For print/copies on DesignJets, the media usage data will be converted into multiple of Letter size equivalent = 8.5 x 11 = (0.0603 square meters) and charged to the nearest full letter size equivalent. Low Density pages (pages with ink coverage below 20%) will be charged as monochrome pages and high density pages (pages with ink coverage equal or above 20%) will be charged as color pages. Pricing is based on ink coverage density of 20% or less for low density pages (mono click), which is based on an assumption of an average of 10% of ink density coverage for all Letter size equivalent pages printed this way, and above 20% on ink coverage density for high density pages (color click), based on an assumption of an average of 40% of ink density coverage for all Letter size equivalent pages printed this way. HP may periodically audit ink coverage usage for abnormal levels of consumption and make an appropriate percentage change to the click charges for future usage that is 10% greater than the governing pricing assumptions, which are the (i) original assumptions of ink density average at 10% for low ink density Letter size equivalent pages as a mono click, and a 40% for high ink density Letter size equivalent pages as color click or, (ii) current assumptions as may have been revised by means of a previous audit and documented as a written Change Order.
3 AGREEMENT AND SIGNATURES In addition to this Agreement, HP shall require a valid acceptable purchase order referencing this Agreement in order to begin to provide the Services. However, in the event that Customer does not issue purchase orders as a matter of business practice, Customer hereby warrants and represents that: (i) its signature on the Agreement authorizes HP to provide the Services, (ii) that Customer shall pay for all Services provided to Customer, pursuant to the Agreement without the necessity of a purchase order, and (iii) Customer will not contest payment for the provision of Services due to the fact that no purchase order was issued. Signature below indicates HP’s and Customer’s acceptance of the Agreement. The Parties agree that this Agreement and any subsequent amendments, can be executed and completed by using electronic signatures and processes, and subject to any local legal requirements, are binding upon the Parties hereto.
Hewlett-Packard Company [Customer Name]
Signature:
Printed name:
Title:
Date:
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technician for on-site support services if required, HP may perform remote PART A – Description of services diagnostic support, technical assistance and troubleshooting for the Devices and Software. HP Priority Phone Support is available Monday through Friday from Business hours: Unless explicitly specified in the Description of Services 8.30 a.m. till 5.30 p.m. local Customer time, excluding local public holiday. below, HP will deliver the BPS for the Devices specified in the Services and Customer responsibilities: Before contacting HP, Customer Level 1 helpdesk shall Pricing Statement Table A at Sites specified in Appendix A, from {8:00 a.m. to resolve network connectivity issues, paper jams, toner and ink out; and provide 5:00 p.m. local time where the service is to be performed (Business Hours), HP with the following information: (i) Serial number(s) of products in question, if Monday through Friday, excluding local public holidays (Business Days). applicable; (ii) Contract number; (iii) Customer-specific personal identification number (“PIN”); (iv) Service Agreement Identifier (SAID), for Solution support Procurement and Financial Services requests; (v) a brief description of the problem; (vi) Site Address (where Service Hardware and Software procurement will take place); and (vii) contact name and phone number. HP will order, and deliver the HP-provided Products specified in the Services and Pricing Statement Table A. HP will make reasonable commercial efforts to Portal Interface schedule the delivery with the Device Installation Schedule. At its discretion, HP The Portal Interface is a secured website accessible by Customer with a login and will assign a remote or onsite single point of contact to coordinate the delivery of password provided by HP. Customer can access the Portal Interface to: (i) view the HP-provided Products at each Site’s goods receiving area. Customer will account information, including a listing of Devices, Device location addresses, and provide a single point of contact at each Site to receive and sign for the HP- Consumable information; (ii) view page count tracking and utilization information provided Products. provided Remote Monitoring is installed; (iii) order replacement Consumables and view shipping status of such orders; (iv)request Technical Support Service for Transition and Implementation Services applicable next-day response time service levels; and (v) export contract Deployment Management Service information, Device data, or usage data in Excel format. For non HP-Branded The Deployment Management Service provides the coordination necessary to Devices, Consumables can’t be ordered through the Portal Interface and transition Customer to the new Imaging and Printing Environment (IPE). HP and utilization information is not reported through the Portal Interface. the Customer will develop a mutually agreed deployment plan, specifying The Customer access information is considered confidential and Customer agrees deployment activities, timelines and roles and responsibilities, based upon the HP to limit access only to those Customer employees who need to access the Portal standard process. Interface for the purposes of this Agreement. HP will assign a Transition manager, who will act as a single point of contact for the Customer, and will: Remote Monitoring - Manage a kick-off meeting within 30 business days after the effective date and Remote Monitoring (RM) Services enable the monitoring and collection of Device establish project team; information, Consumables level information and detailed print usage from - Provide regular and direct communication to the Customer on the Devices and networked and compatible Devices. This information will be used in the on-going Software Products delivery and/or installation; analysis, support, invoicing, web viewing, reporting and ASM, as applicable for the - Provide Customer with a deployment plan which will include all documentation Devices. and tasks and which should be completed prior to the delivery and deployment of For DesignJet Devices included in the Fleet, HP will not use the RM process to the Devices, Software Products and Services; capture service and usage data. The service and usage data will be collected by - Coordinate the HP-Provided Products ordering, delivery and installation; configuring the Device to send data in an email to HP on a daily basis. - Manage escalations related to Service deployment; Collected Data. Collected Device, statistical and technical data will be used and - Provide information for Customer to order Technical Support and Supplies stored solely as necessary for the purpose of the provision of monitoring, support, Management Services when needed; and reporting services to Customer. In the event HP is unable to obtain Device - Provide Customer access and orientation to the BPS Portal Interface; specific usage data, that usage data will not be made available in the Portal - Transition the Customer to an HP Account Delivery Manager for the ongoing Interface usage reports. No data and information relating to identified or management of the account. identifiable individuals will be collected. - The HP Transition manager will manage all meetings via virtual classroom HP responsibilities. Installation coordination, configuration, management and and/or phone conferences. maintenance of RM. Prior to the interface with HP for the kick-off meeting, Customer will assign a Customer responsibilities. Customer shall: (1) provide HP with the pertinent Project/Program Manager, as a single point of contact to HP, who will: network information required to setup and configure RM for communication with - Participate in transition status review meetings and in risk management HP; (2) modify network settings to allow RM to communicate with the Devices; (3) activities; upon request, assist HP in accessing RM and troubleshooting any network - Provide feedback within five (5) business days from the receipt of any document connectivity issues; (4) accept all HP authorized RM updates; (5) not run any sent by HP. If HP does not receive timely feedback, the document will be deemed scripts against RM; (6) make RM available to HP on a 24x7 basis; (7) immediately as passively approved by Customer;- Timely approve the deployment plan of report to HP any network or location changes affecting RM; (8) If applicable, Sites being transitioned. After Customer approval, any change to the deployment provide timely support for virtual environment in which RM is installed; and (9) plan will be managed through Change Order; and provide Device credentials to enable Technical Support Service. - Be the primary interface to the aligned incumbent provider, where applicable. Account Delivery Management Hardware Installation service Following Deployment Management Services, the Account Delivery Management HP will install the HP-provided Devices at Customer Sites in accordance with a Service provides management for the delivery of BPS, and provides consultation mutually agreed Device Installation Schedule. The Installation Services include and recommendation to assist Customer in maintaining the Fleet availability and the physical Device installation, the standard Device configuration and Device performance throughout the Agreement Term. testing. The Customer shall provide a staging area and will make the Devices The Account Delivery Manager (ADM) will perform the following services: (1) available at installation location, provide power outlet, all LAN cabling and network Serve as the BPS single point of contact responsible for the delivery of the BPS, connections, and provide availability of a network administrator. Customer is also Customer relationship, Customer satisfaction, and manage escalated issues and responsible for installation of printer drivers, the setup of the printer queues, corrective actions until resolution; (2) Jointly develop with Customer a network device testing and the mapping of the printer queue from the end-user documented plan (“Delivery Plan”) designed to promote delivery consistency and PCs. Availability of a SMTP server is required if digital sending capabilities are track topics for scheduled strategic reviews; (3) Coordinate and manage Change required. Installation is complete when the HP-authorized technician successfully Orders; (4) Summarize HP standard fleet tracking and utilization reports for prints a test page. discussion during scheduled strategic reviews; and (5) Provide a statistical analysis of Fleet performance during scheduled strategic reviews. Management of change and Education Services HP will perform all activities remotely. In coordination with the Sales Account HP will provide Management of change and Education Services for the Devices. Manager, the ADM will schedule and lead annual remote strategic reviews to HP and Customer will define a schedule that defines training methods, target discuss: (i) the summary of HP’s performance against the Agreement, (ii) the audience, learning objectives, training location and training dates and times. Delivery Plan, (iii) the fleet management analysis (fleet utilization) and Trainings will only to be delivered within the duration of this Agreement. Any recommendations for optimization. training cancelled or rescheduled by the Customer with less than 10 business The ADM will track and report service level commitment performance in a HP- days notice will be deemed delivered. defined format and conduct quarterly remote reviews of SLA performance during Device walk-around is provided during Hardware Installation to Customer key each year of the Agreement Term. end-users and operators and includes a familiarization and walk-around training Customer will: (1) Assign a service manager who will act as the main point contact on print media installation, supplies installation and front panel utilization. to HP during the Agreement Term. Customer service manager will coordinate the Web-based trainin is an On-line flash based training and is available for Customer other Customer resources required to support HP in providing BPS; (2) end-Users at http://www.hp.com/go/sml Coordinate activities with 3rd parties, unless explicitly stated as an HP responsibility; (3) Participate in scheduled review meetings; (4) Assist with the Management and Support Services development of the Delivery Plan; and (5) Provide feedback within five (5) HP Priority Phone Support business days from the receipt of any document sent by HP. If HP does not The HP Priority Phone Support Center is accessed by calling a designated receive timely feedback, the document will be deemed as passively approved by Customer. telephone number. Customer will be able to receive assistance on technical issues with the Devices and the Software Products and place requests for supplies fulfillment. If on-site service is needed, the support agent will make those arrangements for the Customer. Prior to the dispatch of an HP-authorized service
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Technical Support Services - Maintain a procedure to reconstruct lost or altered Customer files, data, or During the applicable coverage window as defined in the service level descriptions programs that are not dependent on the Devices. below, HP will provide service to resolve any reported Device issues that are not - Make all reasonable efforts, upon HP request, to support and cooperate with subject to service limitation pursuant to Section 6 of part B (Limitations). The HP's remote problem remediation efforts by: (i) providing all information necessary applicable Support Service levels are described below and more specifically for HP to deliver timely and professional remote support and to enable HP to designated in the Services and Pricing statement for the various Devices within determine the level of support eligibility; (ii) Commencing self-tests and installing the Fleet. HP will dispatch an HP-authorized technician onsite only if the problem and running other diagnostic tools and programs; (iii) performing other reasonable has not been resolved remotely. activities, as requested by HP, to help HP identify or resolve problems; and (iv) Travel zones: Unless otherwise agreed in writing between the parties, all Onsite Installing all Customer-installable firmware updates and patches, as well as Response Times for applicable Support service levels apply only to Sites located Customer-replaceable parts and replacement units provided to the Customer. within 100 miles (160 km) of a primary HP support responsible office. Onsite - Allow HP to modify the Devices to improve operation, supportability, security and Response Times to Sites located more than 100 miles (160 km) from a primary reliability, or to meet legal requirements. HP support responsible office will have the following modified response times for extended travel: (i) for Sites located within 200 miles (320 km), 4 hour response Supplies Management Services time will take 8 hours and next Business Day response will take one additional Supplies Management Service provides for Device level Consumables ordering, Business Day; (ii) for Sites located between 200 to 300 miles (320 to 480 km), delivery, expended Consumable returns, and usage monitoring pursuant to RM. next Business Day response will take two extra Business Days and 4 hour Unless the delivery is non-compliant to the order, Consumables cannot be response time will be established at the time of the order and subject to resource returned to or refunded by HP. For non HP-branded Devices, HP may use re- availability; and (iii) for Sites located more than 300 miles (480 km), 4 hour and manufactured Consumables that are equivalent to new in performance. next Business Day response will be established at the time of the order and Maintenance Kits are not available for all Devices. HP may use re-manufactured subject to resource availability. Maintenance Kits parts that are equivalent to new in performance. All replaced Service levels parts become the property of HP. Unless otherwise stated in the Agreement, any Next Business Day On-Site Response 9x5 will be provided if Customer’s call for Customer request for Consumable buffer stock shall be subject to a change order. Service is placed any Business day before {4:00 p.m.} local time. A HP Consumable ordering. Consumable ordering will be conducted via Automated representative will arrive On-Site to begin hardware repair the next Business day Supplies Management (“ASM”, a service which provides automated Consumables after the service request has been logged. Calls placed after {4:00 p.m.} will be replenishment for compatible Consumables and active compatible Devices that logged on the next Business Day. This Service is not available for all Devices. are functionally capable of communicating with RM), Portal Interface or HP Priority Coverage window is Monday through Friday from {8:30 a.m. to 5:30 p.m.}, Phone Support as applicable per Device and per Site. ASM is HP’s standard excluding local public holidays. default service. For Consumable ordering for non-ASM supported Devices or non- 4-hour On-Site Response 9x5 will be provided if Customer’s call for Service is networked/locally attached Devices, Customer shall use Portal Interface or if not placed any Business day before {1:00 p.m.} local time. A HP representative will possible, HP Priority Phone Support. For non HP-branded Devices, Consumables arrive On-Site to begin hardware repair within four (4) hours after the service may not be ordered through the Portal Interface and only Print Cartridges are request has been logged. Calls placed after {1:00 p.m.} will be logged on the next supported by ASM. Business Day. This Service is not available for all Devices. Coverage window is Consumable delivery. Unless otherwise agreed in writing between the parties, HP Monday through Friday from {8:30 a.m. to 5:30 p.m.}, excluding local public will deliver all required Consumables to the Customer’s designated central holidays. receiving location/dock at the applicable Site location with a reference to the 4-hour On-Site Response 13x5 will be provided if Customer’s call for Service is Device for which it is ordered. For Consumables ordered through ASM, HP will placed any Business day before 4:00 p.m. local time. A HP representative will make reasonable effort to deliver the replacement consumable before the in-use arrive On-Site to begin hardware repair within four (4) hours after the service has consumable is expended. For Consumables ordered through Portal Interface or been logged. Calls placed after 4:00 p.m. will be logged on the next Business HP Priority Phone Support, HP will use reasonable effort to deliver Consumables: Day. This Service is not available for all Devices. Coverage window is Monday - Within two (2) to four (4) Business days from date of order, for HP-Branded through Friday from 8:30 a.m. to 9:30 p.m., excluding local public holidays. Devices; Next Business Day Exchange (9x5) will be provided if Customer’s call for Maintenance Kits Replacement Service. HP will dispatch an HP-authorized Service is placed any Business day before {12:00 p.m.} local time. HP will deliver technician to install all applicable replacement Maintenance Kits. The service is within the next Business Day, the replacement device, packaging instructions and completed when the HP authorized technician replaces the Maintenance Kit and a prepaid shipping label in a container suitable for the return of the failed Device. successfully prints a test page. For Maintenance Kits ordered through ASM, HP Customer will return the failed Device to HP within three (3) Business days of will make reasonable effort to install the replacement kit before the in-use kit is receipt of the replacement product and shall bear risk of loss until such returns are used. For Maintenance Kits ordered through Portal Interface or HP Priority Phone received by HP. If HP does not receive the failed Device within ten (10) Business Support, HP will use reasonable effort to install the applicable replacement Days of Customer's receipt of the replacement product, Customer will be charged Maintenance Kit: the product's list price, less any applicable discounts. This Service is not available - Within 2 Business Days from order, for HP-branded Devices for all Devices. Coverage Window is Monday through Friday from 8:30 a.m. to Consumable Take-back. At its discretion, HP may provide a return process for 5:30 p.m., excluding local public holidays. applicable expended Consumables. Next Business Day Onsite Exchange (9x5) will be provided if Customer’s call All those expended Consumables that are not covered by the HP-provided return for Service is placed any Coverage day before {12:00 p.m.} local time. A HP process shall be the property of Customer. representative will arrive On-Site to exchange the failed Device within the next Customer responsibilities. (1) For those Devices not compatible with ASM, when a Coverage day after the service request has been logged. Calls placed after {12:00 Device displays an appropriate front panel message indicating the replacement is p.m.} will be logged on the next Business Day. This Service is not available for all needed, Customer will timely order Consumables via Service Portal, or Devices. Coverage window is Monday through Friday from {8:30 a.m. to 5:30 alternatively through HP Priority Phone Support; (2) Customer shall be p.m.}, excluding local public holidays. responsible for the security and use of any Consumable stores at Customer Site locations; (3) Customer will promptly notify HP of any Consumables shipments not HP responsibilities received within fifteen (15) Business Days of shipment confirmation; (4) Unless - If applicable to the issue to be resolved, HP may install available engineering otherwise agreed in writing between the parties for designated Customer Site improvements and firmware updates to ensure proper operation of the Device, locations, Customer shall install Consumables in accordance to Manufacturer’s maintain compatibility with the HP-supplied Device replacement parts or maintain specifications, only when the Device displays an appropriate front panel message supportability by HP. indicating the replacement is needed; (5) Notify HP of any change in Device - HP will provide HP-supported parts and materials. Replacement parts and location or network address; (6) Provide HP with a contact name, phone number products are new or equivalent to new in performance. Replaced parts and and/or email address of any individual responsible for receiving Consumables, products become the property of HP. and notify HP of any change; (7) Inform HP of any significant change in - HP may periodically update Device firmware in order to maintain operational consumption of Consumables; (8) Return all applicable and expended performance of the Device. Consumables as per the take-back instructions provided by HP. For HP-branded - HP, at its discretion, may provide support services not associated with a Consumables covered by the PPP, return instructions are listed at Customer-initiated repair case in order to maintain Device operability and www.hp.com/recycle; (9) all Consumables not covered by the PPP and any other functionality. materials shall not be returned to HP; (10) identify a single point of contact to work with through the implementation of ASM; and (11) provide the names, email Customer responsibilities addresses and phone number of Customer personnel responsible for replacing - Run self-test programs or correct reported faults as advised by HP. and if applicable, installing Consumable, and notifying HP of any change. - Provide an authorized representative present when HP provides the Onsite Support. - Provide access to the Devices; including but not limited to removing any non- supported equipment prior to HP’s scheduled arrival. - Implement temporary procedures or workarounds provided by HP while HP works on permanent solutions: - Notify HP if Customer uses Devices in an environment that poses a potential health or safety hazard to HP or its subcontractors. - Operate the Devices in accordance with the manufacturer's published specifications, including adhering to any maximum usage limits as specified in the operating manual or technical datasheet.
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PART B – BPS-specific Terms and Conditions 3 Pricing and invoicing 3.1 Prices. The pricing is contingent on delivery and installation at Customer's
Site of all Devices listed in the Services and Pricing Statement (table A), in To the extent a provision of this Part B conflicts with a provision of Part C of this accordance with the Device Installation Schedule. If Customer delays delivery and Agreement, the provision of Part B shall take precedence installation beyond the dates set forth in the Device Installation Schedule, 1 Definitions Customer shall pay the monthly Fees set forth in the Services and Pricing 1.1 “ ” means Printing Supplies and Maintenance Kits provided by Consumables Statement. HP under this Agreement. Print media (paper) is excluded. Printing Supplies 3.2 Revising assumptions. If, during the first three (3) months after the Effective means toner and ink cartridges, print heads, drum kits and staple cartridges. Date, the assumptions used to develop the pricing are found to be incorrect or Maintenance Kits means fuser kits, transfer kits, roller kits, collection units and misstated, the Parties will discuss in good faith and agree on how to remedy the waste toner bottles. issue, which may include an equitable adjustment of the Fees and pricing, on a 1.2 “Customer-provided Device” means a Device owned by Customer and forward-looking basis. HP will not be liable for failure to meet any obligations in mutually agreed between Customer and HP to be included in the Fleet, if in HP’s this Agreement if such failure is due to delayed, false, or inaccurate information reasonable opinion and/or inspection by HP, it is determined to be in good provided by Customer. operating condition. Customer-provided Devices are listed in the Services and 3.3 Invoicing. Unless otherwise expressly noted in Services and Pricing Pricing Statement or shall be subsequently added via Change Order. Statement, HP shall invoice upfront Fees upon commencement of delivery of the 1.3 “Customer-provided Software Product” means a Software Product owned or related product or service (if applicable), Base Charges monthly in advance, and licensed by Customer and mutually agreed between Customer and HP to be Click Charges monthly in arrears. HP invoicing for Basic Print Services begins included in the Fleet. Customer-provided Software Products are listed in the when performance begins. Invoicing for HP-provided Devices begins upon: (i) if Services and Pricing Statement or shall be subsequently added via Change installed by HP, their installation date or (ii) if installed by Customer or 3rd party, Order. their delivery date. Invoicing for HP-provided Software begins upon their delivery 1.4 “Device” means the printer and related hardware and equipment, date. Invoicing for Customer-provided Devices begins upon a mutually-agreed documentation, accessories, parts, and upgrades included in the Fleet. Each start date. Such dates will be documented in the fleet information sheet. W here individual Device is either a HP-provided Device or a Customer-provided Device. allowed by law, HP may send invoices by email. 1.5 “Device Term” means the period of time during which the Device will be 3.4 Non-Reporting Devices and Manual Data Collection. Upon either notice or supported by BPS as specified in the Services and Pricing Statement. A Device discovery of a Non-Reporting Device (a Device that is no longer providing timely Term begins either upon: i) for HP-provided Devices installed by HP, its Device usage data back to HP), Customer shall support HP in locating and installation date, ii) for HP-provided Devices installed by Customer or a 3rd party, returning the Device to a reporting condition and designated location. Customer its delivery date; or iii) for Customer-provided Devices, the date HP assumes remains liable for payment of Fees for missing or Non-Reporting Devices. For any management of the Device solely for the purpose of providing BPS under this Non-Reporting Devices and manual reporting Devices, Customer will provide to Agreement. HP a usage report every thirty (30) calendar days. Without this usage information, 1.6 “Fees” means the fees, charges and other invoiced or payable amounts HP may either suspend Click Charge invoicing for the affected Device until usage owed by Customer to HP for BPS under this Agreement and as provided in this reports are restored and then invoice for all missed Click Charges in arrears or HP Agreement. shall continue to invoice Click Charges based upon the minimum usage 1.7 “Fleet” means the aggregate of each of the Devices and Software Products commitment or the Device’s historical or forecasted usage. Customer agrees that that HP is managing and supporting in its provision of BPS under this Agreement. there will be no adjustments or credits for such invoicing. 1.8 “HP-provided Device” means a Device owned by HP and for Customer’s use during the Term of and pursuant to the Agreement. HP-provided Devices are 4 Expiration and Termination listed in the Services and Pricing Statement or shall be subsequently added via 4.1 Expiration. Customer’s options at the end of a Term (Agreement Term, Change Order. Device Term, Software Product Term as applicable) are to: (i) renew and extend 1.9 “HP-provided Software Product” means a Software Product owned or the Term (subject to mutual written agreement by HP); or (ii) allow the Term to licensed by HP and provided for Customer’s use during the term of and pursuant expire. Unless Customer provides HP with written notice regarding Customer’s to this Agreement. HP-provided Software Products are listed in the Services and intention at least sixty (60) days prior to the end of a Term, such Term shall be Pricing Statement or shall be subsequently added via Change Order. automatically extended on the same terms and conditions for consecutive periods 1.10 “HP Tool(s)” means HP-installed hardware, software, documentation, tools of ninety (90) days. and materials used by HP to provide BPS pursuant to this Agreement. 4.2 Early Termination. Either party may terminate a Term, including any 1.11 “Services” or “BPS” means the imaging and printing services, and if automatically extended Term, at any time with sixty (60) days prior written notice applicable, HP-provided Products, as identified in this Agreement. to the other party. 1.12 “Software Product” (also referred to as “Software”) means a software product 4.3 Termination of Agreement. The termination of a Device Term or a Software which is included in the Fleet. Each individual Software Product is either a HP- Product Term will not act to terminate this Agreement unless otherwise expressly provided Software Product or a Customer-provided Software Product. stated in the notice of termination. This Agreement may be also be terminated: (i) 1.13 “Software Product Term” (also referred to as “Software Term” means the as defined in Part C; (ii) by HP, on written notice if Customer fails to pay the Fees period of time during which the Software will be supported by BPS as specified in and does not cure such failure within ten (10) days after written notice from HP. the Services and Pricing Statement. A Software Product Term begins either upon: 4.4 HP Remedies for breach by Customer. In the event of default or breach of i) for HP-provided Software Products, its delivery date, or ii) for Customer- this Agreement by Customer, HP may exercise one or more of the following provided Software Products, the date HP assumes management of the Customer- remedies: (i) declare all Fees due or to become due as immediately due and provided Software Product solely for the purpose of providing BPS under this payable, including any Early Termination Fees; (ii) enter upon the premises where Agreement. the HP-provided Products and HP Tools are located and take immediate 1.14 “Term” refers to a period of time, as described by Device Term or Software possession of and remove them; (iii) sell any or all of the HP-provided Products at Product Term as applicable and set out in this Agreement, or as it applies to this public or private sale or otherwise dispose of, hold, use or lease to others; (iv) Agreement, the period of time that this Agreement remains in effect. exercise any other right or remedy which may be available to HP under applicable 1.15 Some Defined Terms in Part C - HP Customer Terms. law or in equity, and (v) recover from Customer the costs of enforcement of this (i) Solely for purposes of this Agreement, where the HP Customer Terms refer to Agreement, or protection of HP’s interest in the HP-provided Products (including “the amount payable by Customer to HP for the relevant Order,” that shall mean reasonable collection agency and attorney’s fees). No express or implied waiver the amount payable by Customer to HP under this Agreement in the preceding by HP of any default should constitute a waiver of any other default or a waiver of twelve (12) months. any of HP’s rights under this Agreement. In the event of termination by HP for (ii) References in the HP Customer Terms to “support services” shall mean BPS. Customer’s breach, Customer shall be responsible for all Fees, including Early
Termination Fees and reimbursement of collection costs. 2 Device or Software Product Term; Agreement Term 4.5 Early Termination Fees. Whenever there is an early termination of a Term 2.1 Device or Software Product Term. Within the Fleet, the period of time during (Agreement Term, Device Term, Software Product Term as applicable) (i) by which each Device or Software Product is managed and supported by HP in its Customer for convenience or (ii) by HP for an uncured material breach of this provision of BPS (defined as the “Device Term” or “Software Product Term”) is set Agreement by Customer, HP will invoice, and Customer will pay early termination forth in the Services and Pricing Statement. More details on when a Device Term fees as set forth in the Services and Pricing Statement. or Software Product Term begins can be found in the Definitions section. 2.2 Varying Device/Product Terms and/or Co-terminous. The Parties expect that 5 Limitations Devices deployed over time at the Customer Sites may have varying non- 5.1 Services. HP is not responsible for delayed, disrupted or additional Basic coterminous Device Terms. However, when HP and Customer agree in writing Print Services caused by: (i) actions or events where HP is not at fault; (ii) lost, that a group of Device and Software Products have the same end date for their damaged, stolen, misused Devices and Software where HP is not at fault; (iii) Terms, this group is referred to as a “Cluster.” There may be one or more Clusters inaccurate or incomplete assumptions or dependencies; (iv) improper or in a Fleet. The Cluster Term starts upon the end of the mutually-agreed and unauthorized Customer use, operation, relocation, modification or repair of defined period of time in which Cluster Devices and Software are deployed Devices; (v) Customer’s failure to maintain approved internal environmental (Cluster Implementation Period). This Implementation Period precedes the Cluster conditions and to timely address end-user resolvable conditions (e.g., paper jams, Term and is used to harmonize the Device and Software end dates that would toner replacement); (vi) failure to conduct scheduled maintenance as well as otherwise vary due to their differing dates of installation. planned upgrades, unless expressly the duty of HP; (vii) failure to install 2.3 Agreement Term. The Term of this Agreement shall begin on the Effective Customer-installable firmware updates and patches, as well as Customer- Date listed in the Services and Pricing Statement of this Agreement and continues replaceable parts and replacement units provided to the Customer by HP for such until the end of the last Device Term or Software Product Term of all of the installation; (viii) failure to implement and maintain an adequate continuity, Devices and Software Products in the Fleet, unless terminated earlier as redundancy and/or recovery program for Customer’s business functions and described in Section 5 below.
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[Agreement number] BPS Agreement to [Customer Name] [Date of Issue] operations; and (ix) ) Devices which are being used beyond their manufacturers recommended performance print volumes. Except otherwise specified in this Agreement, HP shall manage the method and provision of BPS in its sole discretion. 5.2 Customer-provided Devices. Upon the Customer-provided Device start date, Customer will provide its model name, serial number, IP address, host name, and current usage page counts. Unless expressly mentioned in this Agreement, Customer-provided Devices shall be used in their current location. Any requirement for movement shall be managed as a Change Order. 5.3 Consumables. All Consumables provided under the Agreement are the property of HP unless otherwise specified. Consumables may be used only in Devices. Devices may only be supplied with Consumables. Upon receipt of Consumables, Customer shall be responsible for their safekeeping and shall reimburse HP the then-current list price of any Consumables that are lost, damaged or stolen. 5.4 End of Service Life. When the manufacturer no longer supports a Customer- provided Device and repair parts are no longer available, HP reserves the right to discontinue providing Technical Support service, and will adjust the Fees accordingly. If the Customer-provided Device requires Technical Support service or if Consumables are no longer available, HP will work with the Customer to replace the Device via a Change Order. 5.5 Removal of Personally Identifiable Information (PII). In the event that Customer provides a Device to HP for repair or replacement or upon expiration or termination of this Agreement, Customer shall have completed final data disposition of any Customer PII on such device, e.g. encryption, overwriting or degaussing, prior to the delivery of such Device or system to HP. 5.6 HP Tools. If applicable, HP will use HP Tools to provide the Services. Customer acknowledges that Customer has no ownership interest in any HP Tool provided by HP and that HP will remove such HP Tool upon termination of this Agreement.
6 General 6.1 Notices. All notices required under this Agreement will be in writing and sent to (i) the address of the HP or Customer Project Manager, or such other address as the Project Manager may designate, and (ii) the Notice address in the Services and Pricing Statement, as applicable, and will be considered effective upon receipt. 6.2 Software Agency. HP may be required to install copies of third party or HP Branded software acquired by Customer in order to perform BPS under this Agreement. Customer authorizes HP to act as Customer’s agent for the limited purpose of accepting license terms on its behalf that accompany software. It remains Customer’s responsibility to review and agree to these license terms at the time of installation. 6.3 Assignment. Customer may not assign or otherwise transfer all or any part of this Agreement without prior written consent from HP. Any such attempted assignment or transfer will be void. 6.4 Publicity. HP may use Customer’s name and identification of this engagement in connection with general lists of Customers and experience. 6.5 HP Employees. Customer agrees not to solicit, or make offers of employment to, or enter into consultant relationships with, any HP employee involved, directly or indirectly, in the performance of this Agreement for one (1) year after the date such employee ceases to perform Basic Print Services under this Agreement. Customer shall not be prevented from hiring any such employee who responds to a general hiring program conducted in the ordinary course of business and not specifically directed to such HP employees.
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[Agreement number] BPS Agreement to [Customer Name] [Date of Issue]
15. Personal Information. Each party shall comply with their respective PART C – General HP Terms and Conditions (HP obligations under applicable data protection legislation. HP does not intend to have access to personally identifiable information (“PII”) of Customer in providing CUSTOMER TERMS – SUPPORT) services. To the extent HP has access to Customer PII stored on a system or 1. This paragraph is left intentionally blank device of Customer, such access will likely be incidental and Customer will remain 2. Orders. “Order” means the accepted order including any supporting material the data controller of Customer PII at all times. HP will use any PII to which it has which the parties identify as incorporated either by attachment or reference access strictly for purposes of delivering the services ordered. (“Supporting Material”). Supporting Material may include (as examples) support 16. Global Trade compliance. Services provided under these terms are for product lists, hardware or software specifications, standard or negotiated service Customer’s internal use and not for further commercialization. HP may suspend descriptions, data sheets and their supplements, and statements of work (SOWs), its performance under this Agreement to the extent required by laws applicable to published warranties and service level agreements, and may be available to either party. Customer in hard copy or by accessing a designated HP website. 17. Limitation of Liability. HP’s liability to Customer under this Agreement is 3. Scope and Order Placement. These terms may be used by Customer either limited to the greater of $1,000,000 or the amount payable by Customer to HP for for a single Order or as a framework for multiple Orders. In addition, these terms the relevant Order. Neither Customer nor HP will be liable for lost revenues or may be used on a global basis by the parties’ “Affiliates”, meaning any entity profits, downtime costs, loss or damage to data or indirect, special or controlled by, controlling, or under common control with a party. The parties can consequential costs or damages. This provision does not limit either party’s confirm their agreement to these terms either by signature where indicated at the liability for: unauthorized use of intellectual property, death or bodily injury caused end or by referencing these terms on Orders. Affiliates participate under these by their negligence; acts of fraud; willful repudiation of the Agreement; nor any terms by placing orders which specify service delivery in the same country as the liability which may not be excluded or limited by applicable law. HP Affiliate accepting the Order, referencing these terms, and specifying any 18. Disputes. If Customer is dissatisfied with any services purchased under additional terms or amendments to reflect local law or business practices. these terms and disagrees with HP’s proposed resolution, we both agree to 4. Order Arrangements. Customer may place orders with HP through our promptly escalate the issue to a Vice President (or equivalent executive) in our website, customer-specific portal, or by letter, fax or e-mail. Where appropriate, respective organizations for an amicable resolution without prejudice to the right to orders must specify a service delivery date. If Customer extends the service later seek a legal remedy. delivery date of an existing Order beyond ninety (90) days, then it will be 19. Force Majeure. Neither party will be liable for performance delays nor for considered a new order. non-performance due to causes beyond its reasonable control, except for 5. Prices and Taxes. Prices will be as quoted in writing by HP or, in the absence payment obligations. of a written quote, as set out on our website, customer-specific portal, or HP 20. Termination. Either party may terminate this Agreement on written notice if published list price at the time an order is submitted to HP. Prices are exclusive of the other fails to meet any material obligation and fails to remedy the breach taxes, duties, and fees (including installation, shipping, and handling) unless within a reasonable period after being notified in writing of the details. If either otherwise quoted. If a withholding tax is required by law, please contact the HP party becomes insolvent, unable to pay debts when due, files for or is subject to order representative to discuss appropriate procedures. bankruptcy or receivership or asset assignment, the other party may terminate this 6. Invoices and Payment. Customer agrees to pay all invoiced amounts within Agreement and cancel any unfulfilled obligations. Any terms in the Agreement thirty (30) days of HP’s invoice date. HP may suspend or cancel performance of which by their nature extend beyond termination or expiration of the Agreement open Orders or services if Customer fails to make payments when due. will remain in effect until fulfilled and will apply to both parties' respective 7. Support Services. HP’s support services will be described in the applicable successors and permitted assigns. Supporting Material , which will cover the description of HP’s offering, eligibility 21. General. This Agreement represents our entire understanding with respect requirements, service limitations and Customer responsibilities, as well as the to its subject matter and supersedes any previous communication or agreements Customer systems supported. that may exist. Modifications to the Agreement will be made only through a 8. Eligibility. HP’s service, support and warranty commitments do not cover written amendment signed by both parties. The Agreement will be governed by claims resulting from: the laws of the country of HP or the HP Affiliate accepting the Order and the improper use, site preparation, or site or environmental conditions or other non- courts of that locale will have jurisdiction, however, HP or its Affiliate may, bring compliance with applicable Supporting Material; suit for payment in the country where the Customer Affiliate that placed the Order Modifications or improper system maintenance or calibration not performed by HP is located. Customer and HP agree that the United Nations Convention on or authorized by HP; Contracts for the International Sale of Goods will not apply. Claims arising or failure or functional limitations of any non-HP software or product impacting raised in the United States will be governed by the laws of the state of systems receiving HP support or service; ______, excluding rules as to choice and conflict of law. malware (e.g. virus, worm, etc.) not introduced by HP; or abuse, negligence, accident, fire or water damage, electrical disturbances, transportation by Customer, or other causes beyond HP’s control. 9. Dependencies. HP’s ability to deliver services will depend on Customer’s reasonable and timely cooperation and the accuracy and completeness of any information from Customer needed to deliver the services. 10. Change Orders. We each agree to appoint a project representative to serve as the principal point of contact in managing the delivery of services and in dealing with issues that may arise. Requests to change the scope of services or deliverables will require a change order signed by both parties. 11. Services Performance. Services are performed using generally recognized commercial practices and standards. Customer agrees to provide prompt notice of any such service concerns and HP will re-perform any service that fails to meet this standard. 12. Intellectual Property Rights. No transfer of ownership of any intellectual property will occur under this Agreement. Customer grants HP a non-exclusive, worldwide, royalty-free right and license to any intellectual property that is necessary for HP and its designees to perform the ordered services. 13. Intellectual Property Rights Infringement. HP will defend and/or settle any claims against Customer that allege that an HP-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. HP will rely on Customer’s prompt notification of the claim and cooperation with our defense. HP may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. HP is not responsible for claims resulting from any unauthorized use of the products or services. 14. Confidentiality. Information exchanged under this Agreement will be treated as confidential if identified as such at disclosure or if the circumstances of disclosure would reasonably indicate such treatment. Confidential information may only be used for the purpose of fulfilling obligations or exercising rights under this Agreement, and shared with employees, agents or contractors with a need to know such information to support that purpose. Confidential information will be protected using a reasonable degree of care to prevent unauthorized use or disclosure for 3 years from the date of receipt or (if longer) for such period as the information remains confidential. These obligations do not cover information that: i) was known or becomes known to the receiving party without obligation of confidentiality; ii) is independently developed by the receiving party; or iii) where disclosure is required by law or a governmental agency.
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[Agreement number] BPS Agreement to [Customer Name] [Date of Issue]
Appendix A – Customer Sites
Discovery & Design Site type Site name Site Address Site Variance from Agreement (“On-Site” / “Remote”)
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[Agreement number] BPS Agreement to [Customer Name] [Date of Issue]
Appendix B – Device Installation Schedule
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[Agreement number] BPS Agreement to [Customer Name] [Date of Issue]
Appendix C – Change Order Template
Date / Time Stamp Rev. 9.0 Dart ID Localization ID
Change Order Proposal
1. SERVICES STATEMENT
This Change Order is governed by the Agreement and /or Statement of Work identifed below, by and between HP and Customer. Except as modified herein, the terms and co nditio ns of the Agreement and Statement of Work shall remain unchanged and in full force and effect. Upon final executio n, this Change Order shall become an attachment to the Agreement / Statement of Work, and HP will begin implementation of the agreed upo n changes. All undefined terms in this Change Order shall have the meaning set forth in the Agreement or as defined in the Statement of Work. HP requires this signed Change Order prior to delivery of service.
Unless otherwise stated in the Agreement or the SOW, this Change Order Proposal expires if not executed within 90 days from the Proposal Date.
Customer and Contract general information
Customer Country
Customer Name
Proposal Date
Currency
Change Order Number
Original contract number
Requestor Name
Requested Implementation Date
Change Order Term
Change Description
Prerequisites / Requirements (Notes: e.g. Is Safecom required? Other notes)
Installation Site Name & Details
Invoice Address (Notes: If different than original contract ? Other notes)
Table A: Fleet table
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[Agreement number] BPS Agreement to [Customer Name] [Date of Issue]
Forecasted HW Support Maintenance Fleet Product Description (incl. Monthly Print Product Delivery / Qty Service Level Kit Service Item Accessories) Volume per ownership Installation (response time) Level Product
Table B: Page split table
Page split
Fleet Mono Pages colour Pages / High Professional colo ur Pages Product Description Item / Low Density Pages (%) Density Pages (%) (%)
Table C: Services selected by Customer Hardware Procurement Service Software Procurement Service Customer Fleet Acquisition Service Deployment Management Service Hardware Installation Service Account Delivery Management Service Technical Support Service Supplies Management Service
PLEASE DELETE TABLE IF NOT APPLICABLE TO CUSTOMER
Table C2 : Serv ice exceptions Unless specified below, all services defined in table C apply to all Devices.
Fleet Product Description Excluded Services Item
Table E: Solutions Consulting, Installation and Support Services
Installation and Deployment Support
Software Fleet Consulting Project installation Device Software Solution Training Support Item (days) Management on Customer Configuration Upgrade Server
2. CUSTOMER FLEET TRANSFERRED TO HP
Transferred Devices Table – From Customer to HP Device Age of Ownership Prior Fleet Product Description Device at Transfer Amo unt Product Serial Number to Transfer to Transfer Date Item (incl. Accessories) Transfer (Currency) HP (Customer, Date 3rd Party)
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[Agreement number] BPS Agreement to [Customer Name] [Date of Issue]
3. PRICING TABLES
Pricing Table I – Level Pay
Monthly Fixed Fee per Fleet Monthly Base Charge per Product Product Description Qty Product Item (Currency) (Currency)
Pricing Table II – Level Pay - Print Cartridge Section
Fleet Print Cartridge Description First Year Quantity per Product Item
Pricing Table III – Base + Click
Monthly Click Click Charge Click Charge Fleet Base Charge Charge per per Professional Product Description Qty per colour Page Item per Product Mono Page colour Page (Currency) (Currency) (Currency) (Currency)
Pricing Table IV – Base + Click with minimums
Monthly Committed Base Click Click Charge Click Charge Fleet Monthly Print Charge per Charge per per Professional Product Description Qty per colour Page Item Volume per Product Mono Page colour Page (Currency) Product (including (Currency) (Currency) committed pages)
Pricing Table V – Cost per Page w ith minimums
Committed Click Click Charge Monthly Click Charge Fleet Charge per per Professional Product Description Qty Print per colour Page Item Mono Page colour Page Volume per (Currency) (Currency) (Currency) Product
Pricing Table VII – Forecasted Pricing Summary
Total Change Order amount (Currency)
CHANGE ORDER PROPOSAL SIGNATURES
Hewlett Packard Customer Name
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[Agreement number] BPS Agreement to [Customer Name] [Date of Issue]
Signature Signature
Name Name
Title Title
Date Date
BPS_Agreement_WW_7.1a – June 2014 HP Confidential Page-16
Amendment One to RFP 3091 Contract Terms and Conditions
HP’s acceptance of the RFP terms and conditions (Section 11.3, Project Terms and Conditions; 11.4 Terms and Conditions for Goods; and, Attachment D-WSCA –NASPO Master Agreement Terms and Conditions) includes HP’s RFP response, including the modifications noted therein, this Amendment One, and the complementary Additional Provisions which are relevant to the sale of the commercial Products and Services proposed for purchase. HP is open to negotiate these modified terms and conditions, in good faith, upon award.
Amendment One to RFP Attachment D - WSCA-NASPO Master Agreement Terms and Conditions; Section 11.3, Project Terms and Conditions; and, Section 11.4, Terms and Conditions for Goods (Collectively referred to as the “Agreement”)
Nevada-WSCA-NASPO Copier, Printers, and Related Devices, RFP – 3091
This Amendment One (hereinafter “Amendment”) is made and entered into by the State of Nevada (hereinafter referred to as “State”, or “Customer”) and Hewlett-Packard Company, (hereinafter referred to as “HP” or “Contractor”), which may be referred to individually as a Party or collectively as Parties.
The Parties agree to amend the Agreement with the following supplemental terms:
I. Documents constituting the Agreement 1. Incorporation of RFP Section 11.3, Project Terms and Conditions: The Project Terms and Conditions are hereby incorporated by reference into this Amendment as if set forth herein in their entirety.
2. Incorporation of RFP Section 11.4, Terms and Conditions for Goods: The Terms and Conditions for Goods are hereby incorporated by reference into this Amendment as if set forth herein in their entirety.
3. Incorporation of RFP, Attachment D, WSCA-NASPO Master Agreement Terms and Conditions: The WSCA- NASPO Master Agreement Terms and Conditions are hereby incorporated by reference into this Amendment as if set forth herein in their entirety.
In the event of any conflict between the terms and conditions of this Amendment One to Sections I.1, I.2 and I.3 above, the terms and conditions of this Amendment One, inclusive of the below Articles, will govern.
II. Alternate Terms & Conditions. HP proposed modifications included in HP’s response in RFP Attachment B, titled “Exception Summary Form”, are incorporated herein in their entirety.
III. RFP Section 11.3, Modifications. 11.3.7. State Owned Property. The awarded vendor shall be responsible for the proper custody and care of any State or Participating State owned property furnished by the State or Participating State for use in connection with the performance of the contract and will reimburse the State or Participating State for any loss or damage due to vendor negligence or willful misconduct.
Amendment One, Agreement 1 of 8 Ref: NV WSCA-NASPO Copiers, Printers, and Related Devices RFP 3091 CMB DRAFT 8.11.14 Hewlett-Packard Co. Bid Response, dated August 20, 2014 IV. RFP Section 11.4, Modifications. 11.4.1. Express Warranties. Sub-sections 11.4.1.1; 11.4.1.3; 11.4.1.4; and, 11.4.1.6 are replaced in entirety by the express warranties stated in Article V.29, below. 11.4.2. Software and/or Hardware Warranties. Sub-sections 11.4.2.4; 11.4.2.5; 11.4.2.6; 11.4.2.7; and, 11.4.2.8 are replaced in entirety by the express warranties stated in Article V.29, below.
V. RFP Attachment D, Modifications. 1. Master Agreement Order of Precedence. The order of precedence is revised to the following: a) Any Order placed under this Master Agreement shall consist of the following documents: (1) A Participating Entity’s Participating Addendum (“PA”); (2) WSCA-NASPO Master Agreement Terms and Conditions, as amended by this Amendment One; (3) A Purchase Order issued against the Master Agreement; (4) The Statement of Work; (5) Contractor’s response to the Solicitation, as revised (if permitted) and accepted by the Lead State; and (6) The Solicitation.
2. Definitions. Specific definitions are replaced with the following: Embedded Software means one or more software applications which permanently reside on a computing device that are necessary for the operation of the device.
5. Assignment/Subcontracts. Sub-section b, is replaced in entirety with the following: b) Except to the extent the Lead State elects to expressly assign its contract administration duties under the Master Agreement to WSCA-NASPO Cooperative Purchasing Organization LLC, the Lead State or Participating Entity shall not assign, delegate or otherwise transfer all or any part of this Agreement without the prior written consent from Contractor except for assignment or delegation to a Participating Entity or eligible Purchasing Entity.
6. Price and Rate Guarantee Period. Section 6 is replaced, in entirety, with the following: 6. Price and Rates. (a) The discount off MSRP shall remain firm during the initial term of the Master Agreement. Following the initial Master Agreement period, any request for adjustment may be for an equal period, and must be made at least ninety (90) days prior to the effective date. Requests for adjustment must include sufficient documentation supporting the request. Any adjustment or amendment to the Master Agreement shall not be effective unless approved by the Lead State and Contractor. No retroactive adjustments will be allowed.
7. Cancellation. Section 7 is modified as follows: 7. Cancellation. Unless otherwise stated, this Master Agreement may be canceled by either party upon 60 days written notice prior to the effective date of the cancellation. Further, any Participating Entity may cancel its participation upon 30 days written notice, unless otherwise limited or stated in the Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision shall not affect the rights and obligations attending orders outstanding at the time of cancellation, including any right of and Purchasing Entity to indemnification by the Contractor, rights of payment for Products delivered and accepted, and rights attending any warranty or default in performance in association with any Order. Cancellation of the Master Agreement due to Contractor default may be immediate if defaults cannot be reasonably cured as allowed per Default and Remedies term.
Amendment One, Agreement 2 of 8 Ref: NV WSCA-NASPO Copiers, Printers, and Related Devices RFP 3091 CMB DRAFT 8.11.14 Hewlett-Packard Co. Bid Response, dated August 20, 2014
8. Confidentiality, Non-Disclosure, and Injunctive Relief. Sub-section e; and f, are added to this section. (e) Contractor Information. Contractor and its Affiliates information, exchanged under this Agreement will be treated as confidential if identified as such at disclosure or if the circumstances of disclosure would reasonably indicate such treatment. Confidential information may only be used for the purpose of fulfilling obligations or exercising rights under this Agreement, and shared with employees, agents or contractors with a need to know such information to support that purpose. Confidential information will be protected using a reasonable degree of care to prevent unauthorized use or disclosure for three (3) years from the date of receipt or (if longer) for such period as the information remains confidential. These obligations do not cover information that i) was known or becomes known to the receiving party without obligation of confidentiality; ii) is independently developed by the receiving party; or iii) where disclosure is required by law or a governmental agency.
(f) Personal Information. Each party shall comply with their respective obligations under the applicable data protection legislation. Contractor does not intend to have access to personally identifiable information (“PII”) of Participating Entity in providing services. To the extent Contractor has access to Participating Entity PII stored on a system or device of Participating Entity, such access will likely be incidental and Participating Entity will remain the data controller of Participating Entity PII at all times. Contractor will use any PII to which it has access strictly for the purposes of delivering the services ordered.
10. Defaults and Remedies. Sub-section e, is added to this section. (e) Contractor may discontinue performance if Purchasing Entity fails to pay any sum due, or if after thirty (30) days written notice Participating Entity has not cured any other failure to perform under this Agreement.
11. Shipping and Delivery. Section 11 is modified as follows: a. The prices are the delivered price to any Purchasing Entity. All standard deliveries shall be F.O.B. destination, freight pre-paid, with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage shall remain the Contractor’s until delivery to the Order ship-to locationfinal inspection and acceptance when responsibility shall pass to the Buyer except as to latent defects, fraud and Contractor’s warranty obligations. The minimum shipment amount, if any, will be found in the special terms and conditions. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an order to be shipped without transportation charges that is back ordered shall be shipped without charge.
b. All deliveries will be “Inside Deliveries” as to the ship-to location designated by a representative of the Purchasing Entity placing the Order. Inside Delivery refers to a delivery to other than a loading dock, front lobby, or reception area. Specific delivery instructions will may be noted on the order form or Purchase Order, and subject to Contractor’s acceptance. Any damage to the building interior, scratched walls, damage to the freight elevator, etc., will be the responsibility of the Contractor if directly caused by Contractor personnelOfferor. If damage does occur, it is the responsibility of the Contractor Offeror to immediately notify the Purchasing Entity placing the Order.
14. Indemnification. Section 14(a) is modified; and Section 14(b) is amended as follows: a. The Contractor shall defend, indemnify and hold harmless WSCA-NASPO, the Lead State, Participating Entities, and Purchasing Entities, along with their officers, agents, and employees as Amendment One, Agreement 3 of 8 Ref: NV WSCA-NASPO Copiers, Printers, and Related Devices RFP 3091 CMB DRAFT 8.11.14 Hewlett-Packard Co. Bid Response, dated August 20, 2014 well as any person or entity for which they may be liable, from and against third party claims, damages or causes of action including reasonable attorneys’ fees and related costs for any death, bodily injury, or damage to tangible property arising from negligent act(s), error(s), or omission(s) or willful misconduct of the Contractor, its employees or subcontractors or volunteers, at any tier, relating to the Contractor’s performance under the Master Agreement.
b. Contractor’s obligation for Indemnification of Intellectual Property, pursuant to Section 14(b), is limited to Contractor-branded Products. If such a claim has occurred, or in the Contractor’s opinion is likely to occur, the Contractor shall either procure for the Participating Entity the right to continue using the materials or products or replacement or modified materials or products. If an option satisfactory to the Participating Entity is not reasonable available, the Participating Entity shall return the materials or products to the Contractor, upon written request of the Contractor and at the Contractor’s expense. Notwithstanding anything to the contrary in Section 14(b), Contractor shall not be liable for any costs and expenses incurred by an Indemnified Party if they elect to assume the defense or settlement of an Intellectual Property Claim.
17. Insurance. a. Unless otherwise agreed in a Participating Addendum, Contractor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contractor shall acquire maintain such insurance from an insurance carrier or carriers licensed to conduct business in each Participating Entity’s state and having a rating of A-, Class VII or better, in the most recently published edition of Best’s Reports. Failure to buy and maintain the required insurance may result in this Master Agreement’s termination or, at a Participating Entity’s option; result in termination of its Participating Addendum. b. Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories: (1) Commercial General Liability covering premises operations, independent contractors, products and completed operations, blanket contractual liability, personal industry (including death), advertising liability, and property damage, with a limit of not less than $1 million per occurrence/$2 million general aggregate; (2) Contractor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. c. The Contractor is responsible for payment of Contract related shall pay premiums on all insurance policies, and deductibles. Such policies shall also reference this Master Agreement and shall have a condition that they not be revoked by the insurer until thirty (30) calendar days after notice of intended revocation thereof shall have been given to Purchasing Entity and Participating Entity by the Contractor. d. Prior to commencement of performance, Contractor shall provide to the Lead State a written endorsement to the Certificate of Insurance evidencing Contractor’s general liability insurance policy or other documentary evidence acceptable to the Lead State that (1) names includes the Participating Entity States identified in the Request for Proposal as an additional insured’s, which endorsement may be met through the use of what is referred to as a “blanket” additional insured endorsement, and (2) provides that no material alteration, cancellation, non-renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating State has been given at least thirty (30) days prior written notice, and (32) provides that the Contractor’s liability insurance policy shall be primary, with any liability insurance of any Participating State the Participating Entity as secondary and noncontributory. Unless otherwise agreed in any Participating Addendum, the Participating Entity’s rights and Contractor’s
Amendment One, Agreement 4 of 8 Ref: NV WSCA-NASPO Copiers, Printers, and Related Devices RFP 3091 CMB DRAFT 8.11.14 Hewlett-Packard Co. Bid Response, dated August 20, 2014 obligations are the same as those specified in the first sentence of this subsection. Before performance of any Purchase Order issued after execution of a Participating Addendum authorizing it, the Contractor shall provide to a Purchasing Entity or Participating Entity who requests it the same information described in this subsection. e. Contractor shall furnish to the Lead State, Participating Entity, and, on request, the Purchasing Entity copies of certificates of all required insurance within thirty (30) calendar days of the execution of this Master Agreement, the execution of a Participating Addendum, or the Purchase Order’s effective date and prior to performing any work. The insurance certificate shall provide the following information: the name and address of the insured; name, address, telephone number and signature of the authorized agent; name of the insurance company (authorized to operate in all states); a description of coverage in detailed standard terminology (including policy period, policy number, limits of liability, exclusions and endorsements); and an acknowledgment of the requirement for notice of cancellation. Copies of renewal certificates of all required insurance shall be furnished, upon request. within thirty (30) days after any renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at sole option of the Lead State, or any Participating Entity, result in this Master Agreement’s termination or the termination of any Participating Addendum. f. Coverage and limits shall not limit Contractor’s liability and obligations under this Master Agreement, any Participating Addendum, or any Purchase Order.
18. Laws and Regulations. Sub-sections a, and b are added to this section. (a) If software is licensed to Participating Entity for use in the performance of a US Government prime contract or subcontract, Participating Entity agrees that consistent with FAR 12.211 and 12.212, commercial computer software, documentation and technical data for commercial items are licensed under publisher’s standard commercial license. (b) Products and services provided under these terms are for Participating Entity’s internal use and not for further commercialization. Participating Entity is responsible for complying with applicable laws and regulations, including but not limited to, obtaining any required export or import authorizations if Purchasing Entity exports, imports or otherwise transfers products and/or deliverables provided under this Agreement.
19. License of Pre-Existing Intellectual Property. Section 19 is replaced with the following: 19. Intellectual Property Rights. No transfer of ownership of any intellectual property will occur under this Agreement. Purchasing Entity grants Contractor a non-exclusive, worldwide, royalty- free right and license to any intellectual property that is necessary for Contractor and its designees to perform the ordered services. If deliverables are created by Contractor specifically for Purchasing Entity and identified as such in Supporting Material, Contractor hereby grants Purchasing Entity a worldwide, non-exclusive, fully paid, royalty-free license to reproduce and use copies of the deliverables internally.
21. Ordering. Sub-section j, and k, are added to this section. (j) “Order” means the accepted order including any supporting materials which the parties identify as incorporated either by attachment or reference (“Supporting Materials”). Supporting Materials may include (as examples) product lists, hardware or software specifications, standard or negotiated service descriptions, data sheets and their supplements, and statements of work (SOWs), published warranties and service level agreements, and may be available to Participating Entity in hard copy or by accessing a designated Contractor website.
Amendment One, Agreement 5 of 8 Ref: NV WSCA-NASPO Copiers, Printers, and Related Devices RFP 3091 CMB DRAFT 8.11.14 Hewlett-Packard Co. Bid Response, dated August 20, 2014 (k) Notwithstanding anything to the contrary in this Section 21, Order acknowledgments, shipping labels, packing slips, invoices and correspondence may include the Participating Entity Participating Addendum number in lieu of this Master Agreement number.
24. Payment. Sub-section a, is added to this section. (a) Prices are exclusive of taxes, duties, and fees, unless otherwise quoted. If a withholding tax is required by law, the tax will be added and identified on the applicable invoice.
25. Records Administration and Audit. Sub-section a, is added to this section. (a) Contractor will be advised thirty (30) days prior written notice of each audit. The parties will work together in good faith to establish an audit process that does not interfere with Contractor’s ability to perform its obligations under this Agreement or any other agreement, or compromise any reasonable security processes or procedures. Contractor will provide the auditor with information reasonably required to effect the audit, provided however that Contractor reserves the right to impose limitation or require additional assurances from Customer and its auditor as may be necessary to protect the Confidential Information of Contractor. In no event will Contractor be required to provide Customer or its auditor with access to Contractor’s internal costs and resource utilization data, or data related to employees or other customers of Contractor.
28. Standard of Performance and Acceptance. This section is replaced in its entirety with the following: 28. Standard of Performance and Acceptance. A. Acceptance. Purchasing Entity (the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) shall determine whether all Products and Services delivered meet the Contractor’s published specifications (a.k.a. “Specifications”). No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services. The Purchasing Entity will make every effort to notify the Contractor within thirty (30) calendar days following delivery of non-acceptance of a Product, or completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Service, the Product and/or Services will be deemed accepted on the 31st day after delivery of Product, or completion of Services. This clause shall not be applicable, if acceptance testing and corresponding terms have been mutually agreed to by both parties in writing. Installation by Purchasing Entity shall not delay acceptance of Contractor delivered Product. B. Acceptance Testing. The Purchasing Entity (the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) and the Contract Vendor shall determine if Acceptance Testing is applicable and/or required for the purchase. The terms in regards to acceptance testing will be negotiated, in writing, as mutually agreed. If Acceptance Testing is NOT applicable, the terms regarding Acceptance in the Contract shall prevail. C. Installation. If Contractor is providing installation with the product purchase, Contractor’s site guidelines (available upon request) will describe the facilities Participating Entity is required to provide. Contractor will conduct its standard installation and test procedures to confirm completion.
29. Warranty. Section 29 is replaced in entirety with the following: 29. Warranty. The warranty provided must be the manufacturers written warranty tied to the product at the time of purchase and must include the following: (a) the Product performs according to the manufacturer’s Specifications (b) the Product is suitable for the ordinary purpose for which such Product is used, and (c) the Product is designed and manufactured in a commercially Amendment One, Agreement 6 of 8 Ref: NV WSCA-NASPO Copiers, Printers, and Related Devices RFP 3091 CMB DRAFT 8.11.14 Hewlett-Packard Co. Bid Response, dated August 20, 2014 reasonable manner. Products and services are provided with the standard manufacturer’s published warranty, support, and software licensing terms (“Specifications”). Services are performed using generally recognized commercial practices and standards. Customer agrees to provide prompt notice of any service concerns.
For third party products sold by the Contractor that are not Contractor-branded, the Contractor sells the third party products with the manufacturer or publisher’s standard warranty, license, and maintenance “AS IS”. The Contractor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues.
Upon breach of the warranty, the Contractor will repair or replace (at no charge to the Purchasing Entity) the Product whose non-conformance is discovered and made known to the Contractor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contractor will refund in accordance with the standard manufacturer’s warranty policy. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or so ordered by the court.
This Agreement states all remedies for warranty claims. To the extent permitted by law, the Contractor disclaims all other warranties.
30. System Failure or Damage. Section 30 is replaced in entirety with the following: 30. System Failure or Damage. In the event of system failure or damage caused by the Contractor or its Product, the Contractor agrees to use it commercially reasonable efforts to restore or assist in restoring the system to operational capacity. The Contractor shall be responsible under this provision to the extent a “system” is defined at the time of the Order; otherwise the rights of the Purchasing Entity shall be governed by the Warranty.
31. Title of Product. Section 31 is replaced with the following: 31. Upon delivery to the “ship-to” location specified in the Purchasing Entity’s Order, Contractor shall convey to Purchasing Entity title to the Product free and clear of all liens, encumbrances, or other security interests except as otherwise provided in the Contract. Transfer of title to the Product shall include an irrevocable and perpetual license to use any Embedded Software in the Product, subject to the publisher’s license restrictions. If Purchasing Entity subsequently transfers title of the Product to another entity, Purchasing Entity shall have the right to transfer the license to use the Embedded Software with the transfer of Product title. A subsequent transfer of this software license shall be at no additional cost or charge to either Purchasing Entity or Purchasing Entity’s transferee.
33. Assignment of Antitrust Rights. Contractor irrevocably assigns to a Participating Entity any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity’s state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the Contractor for the purpose of carrying out the Contractor's obligations under this Master Agreement or Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action to the extent the assignment is necessary for the Participating Entity to overcome Federal or State’s bar on indirect purchases.
34. Debarment. Section 34, is replaced in entirety, with the following: Amendment One, Agreement 7 of 8 Ref: NV WSCA-NASPO Copiers, Printers, and Related Devices RFP 3091 CMB DRAFT 8.11.14 Hewlett-Packard Co. Bid Response, dated August 20, 2014 The Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction (Master Agreement) by any governmental department or agency.
In any order against this Master Agreement for a requirement established by a Purchasing Entity that discloses the use of federal funding, to the extent another form of certification is not required by a Participating Addendum or the order of the Purchasing Entity, the Contractor’s quote represents a recertification consistent with the terms of this Section.
VI. Additional Provisions
1. Lease. Participating Entities may enter into separate lease and finance agreements if they have the legal authority to enter into these types of agreement. The Participating Addendum by each State will identify if and how lease and finance agreement terms will be conducted. The parties recognize that lease and finance agreements are separate and independent agreements between the Purchasing Entity and the finance entity, with the terms thereof constituting the entire agreement for leasing and financing between the parties. For purposes of this Agreement, it is noted that HP Financial Services, Inc. is its own separate and distinct entity, and is not a party nor bound by the terms and conditions of this Agreement. Finance entities shall not be interpreted as a provider(s) of Services or as Subcontractor(s) under this Agreement.
2. Limitation of Liability. HP will be responsible for damages that Customer may incur as a result of purchasing products and services from HP, up to the greater of $1,000,000 or the amount payable by Customer to HP for the relevant Order. Except for unauthorized use of Customer’s or HP’s intellectual property, neither Customer nor HP will be liable for lost revenues or profits, downtime costs, loss or damage to data or indirect, special or consequential costs or damages. Neither party limits their liability for: death or bodily injury caused by their negligence; acts of fraud; wilful repudiation of the Agreement; nor any liability which may not be excluded or limited by applicable law.
3. Change Orders. Each party agrees to appoint a project representative to serve as the principal point of contact in managing the delivery of services and in dealing with issues that may arise. Requests to change the scope of services or deliverables will require a change order signed by both parties.
4. Survivability. Software licenses, warranty, and service agreements that were entered into and during under the active terms and conditions of the Agreement shall survive the expiration or termination of this Agreement, notwithstanding any provision to the contrary herein unless expressly terminated by the Contractor and Purchasing Entity in writing.
All other provisions of the Agreement, to the extent they are not inconsistent with this Amendment; remain in full force and effect.
[Insert Signature Block for State of Nevada and HP]
Amendment One, Agreement 8 of 8 Ref: NV WSCA-NASPO Copiers, Printers, and Related Devices RFP 3091 CMB DRAFT 8.11.14 Hewlett-Packard Co. Bid Response, dated August 20, 2014