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Since the focus in
the IT industry is on "Services", we expanded the
services available under the IT Services contract in September
2002 to include the following new services:
On-Going Services,
Maintenance & Support that will provide for Support of
applications and systems developed or enhanced across the
Categories of Expertise identified within the IT Services
contracts. Options include issuing a mini-bid:
that spans a System
Life Cycle from Analysis through Implementation to include
Maintenance and Support of that System.
for the Maintenance
and Support only in the situation where a system has been in
place without the need for Maintenance and Support but now the
need has surfaced.
A variety of on-going
services to include web hosting, image conversion (paper to
microfilm/fiche, paper to image), hosted services,
etc.
Equipment maintenance
for microcomputers, printers, client/server and
mainframes.
PRODUCT
ORDERING
Note: Any additional
or extraneous terms placed on the order shall be subject to the
restrictions set forth in Appendix B, Clause 40, which
states:
"40.
Modification of Contract Terms: The terms and
conditions set forth in the Contract shall govern all
transactions by Authorized User(s) under this Contract. The
Contract may only be modified or amended upon mutual written
agreement of the Commissioner and Contractor.
The Contractor may, however, offer Authorized User(s) more
advantageous pricing, payment, or other terms and conditions than
those set forth in the Contract. In such event, a copy of such
terms shall be furnished to the Authorized User(s) and
Commissioner by the Contractor.
Other than where such terms are more advantageous for the
Authorized User(s) than those set forth in the Contract, no
alteration or modification of the terms of the Contract,
including substitution of Product, shall be valid or binding
against Authorized User(s) unless authorized by the Commissioner
or specified in the Contract Award Notification. No such
alteration or modification shall be made by unilaterally affixing
such terms to Product upon delivery (including, but not limited
to, attachment or inclusion of standard pre-printed order forms,
product literature, "shrink wrap" terms accompanying
software upon delivery, or other documents) or by incorporating
such terms onto order forms, purchase orders or other documents
forwarded by the Contractor for payment, notwithstanding
Authorized User's subsequent acceptance of Product, or that
Authorized User has subsequently processed such document for
approval or payment."
With the exception of
the PBX Installations and IT Services contracts, which require a
formal mini-bid process and funds are encumbered using an AC340,
Orders shall be placed in accordance with Appendix B, Section 44.
Orders, which reference the New York State Contract number, shall
be deemed to be placed under and to incorporate the terms and
conditions of the Contract by reference. There is usually no
standard pre-approved Order Form. However, some of the software
contracts do have a special Order Form to be used and they are
contained in the Contract Award Notification.
Written or electronic
orders shall separately itemize requests for hardware, software,
documentation, and services. Products ordered shall be deemed to
reference Contractor's most recently released Product at time
of delivery, unless an earlier version is specifically requested
in writing by Authorized User and Contractor is willing to
provide such Product. The Purchase Order shall indicate the
person authorized to take delivery of
the product. Authorized Users shall confirm pricing, supported
product hardware and software platforms and model availability
with Contractor prior to placement of orders. All pricing
calculations shall be made in accordance with, or better than,
the terms of the Contract.
PURCHASE ORDERS (with
the exception of PBX Installations and IT Services
contracts)
Unless otherwise
authorized in writing by the Commissioner, no Products are to be
delivered or furnished by Contractor until transmittal of an
official Purchase Order from the Authorized User requiring the
Product. Unless terminated or canceled pursuant to the authority
vested in the Commissioner, Purchase Orders shall be effective
and binding upon the Contractor when placed in the mail or
electronically transmitted prior to the termination of the
contract period, addressed to the Contractor at the address set
forth in the Contract for receipt of orders, or in the Contract
Award Notification.
All Purchase Orders
issued pursuant to contracts let by the Commissioner must bear
the appropriate contract number and, if necessary, required State
approvals. Unless otherwise specified, all Purchase Orders
against centralized contracts will be placed by Authorized Users
directly with the Contractor and any discrepancy between the
terms stated on the vendor's order form, confirmation or
acknowledgment, and the contract terms shall be resolved in favor
of the terms most favorable to the Authorized User. For most
contracts, orders can be placed with both the manufacturer and
with the resellers. However, in a few cases, orders must be
placed either directly with the manufacturer or only with a
reseller. contact the manufacturer if you are not sure for a
particular contract.
PUBLIC OFFICERS
LAW
All Contractors
agreed to comply with the requirements of the New York State
Public Officers Law, all other appropriate provisions of New York
State Law and all resultant codes, rules and regulations from
State laws establishing the standards for business and
professional activities of State employees and governing the
conduct of employees of firms, association and corporations in
business with the State.
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