Acs agreement No

ACS Agreement No. 252-920-07-ACS

Data at Rest (DAR) Encryption
ALTERNATE CONTRACT SOURCE AGREEMENT

FOR USE BY ALL ELIGIBLE USERS
TERMS AND CONDITIONS
The Office of Management and Budget, Department of Defense (DoD) and General Services Administration (GSA) awarded multiple contracts for blanket purchase agreements (BPA) to protect sensitive, unclassified data residing on government laptops, other mobile computing devices and removable storage media devices. The encryption of data-at-rest (DAR) information is now possible through these BPAs which were successfully competed using DoD’s Enterprise Software Initiative (ESI) and GSAs government-wide SmartBUY (Software Managed and Acquired on the Right Terms) programs. Three categories of software and hardware encryption products are available under the BPAs – full disk encryption (FDE), file encryption (FES), and integrated FDE/FES products. All products use cryptographic modules validated under FIPS 140-2 security requirements, and have met stringent technical and interoperability requirements. All awarded BPA prices are as low as or lower than prices each vendor has available on GSA schedules.
Pursuant to section 287.042(16)(a)-(b), Florida Statutes (2005), the Department of Management Services ("DMS") has evaluated the contract attached hereto as Exhibit B (the "Contract") and has determined that it is cost-effective and in the best interest of the state to allow eligible users ("Buyers") to enter into transactions with the Contract vendor ("Vendor" or “Contractor”). The terms and conditions contained in this Alternate Contract Source Agreement (“Agreement”), Exhibit A that contains links to the Price Sheets and all related license documentation, and the Terms and Conditions of the Contracts shall apply to all transactions between the Vendor and a Buyer.
1. This Agreement shall become effective the last date signed below, and shall expire on June 14, 2012, unless terminated earlier. DMS reserves the right to cancel this contract at any time by giving 30 days' written notice to the Vendor.
2. In order to procure commodities or services hereunder, Buyers shall issue purchase orders referencing this Agreement. Buyers are responsible for reviewing the terms and conditions of this Agreement and the Contract attached as Exhibit B. The governmental entity that originally procured the underlying Contract is not a party to this Agreement or any purchase order issued by a Buyer hereunder.
3. In order to complete any transaction between a Buyer and the Vendor, the Vendor must be registered in MyFloridaMarketPlace. Rule 60A-1.031, Florida Administrative Code (F.A.C.), is hereby incorporated by reference. All transactions are subject to a transaction fee of 1.0% pursuant to the rule.
4. The provisions of section 287.058(1) (a), (c), and (f), F.S., are hereby incorporated by reference. If the transaction involves contractual services, the provisions of 287.058(1)(b), (d), and (e), F.S. are also incorporated by reference.
5. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. The Vendor shall comply with section 11.062, F.S. and 216.347, F.S., prohibiting use of funds to lobby the Legislature, Judiciary, or State agencies.
6. The Vendor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and authority. By way of non-exhaustive example, the Vendor shall comply with section 247A(e) of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status.
7. Interest penalties for late payment are available subject to the provisions of section 215.422, F.S. A Vendor Ombudsman, whose duties include acting as an advocate for Vendors who may be experiencing problems in obtaining timely payment(s) from a state agency may be contacted at 850-413-5516 or by calling the Florida Department of Financial Services Consumer Hotline, 1-800-342-2762.
8. The exclusive venue of any legal or equitable action that arises out of or relates to this Agreement or the Contract shall be the appropriate state or federal court in Leon County, Florida; in any such action, Florida law shall apply, and the Vendor waives any right to jury trial that it may have.
9. All transactions are subject to the terms of the following documents, which, in case of conflict, shall have the order of precedence listed:

• 
  This Agreement;
  
• 
  The Contract referenced in Exhibit A.
  

10. Changes to the following information do not require a formal contract amendment and may be authorized by the Department's Contract Administrator:

• 
  Price Sheets
  
• 
  Ordering Instructions
  
• 
  Authorized Resellers
  
• 
  DMS Contract Administrator
  

Agreed and Approved by:
State Purchasing Name of the Contractor

Department of Management Services Contract Vendor
Signature: Signature:

_____________________________________ ___________________________________

Printed Name: Printed Name:

_____________________________________ _______________________

Date: Date:

______________________________________ _____________________

Exhibit A
CONTRACT & PRICE SHEETS

The following Safenet, Inc. Blacket Purchase Agreement, ESI/SmartBUY Enterprise Software Agreement (ESA) #FA8771-07-A-0305 is hereby incorporated as Exhibit A to this agreement.

Contract and Price Lists:
http://www.gsa.gov/portal/category/26903

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Ordering Instructions
Direct Orders from Hi Tech Services, Inc.
ALL ORDERS SHOULD BE DIRECTED TO:
SPURS VENDOR NUMBER: 541959313002

VENDOR: Hi Tech Services, Inc.

STREET ADDRESS OR P.O. BOX: 12262 Streamvale Circle

CITY, STATE, ZIP: Herndon, VA 20170-2512

TELEPHONE: [phone]

FAX NUMBER: 703-783-8536

Direct Orders from Government-Buys, Inc.
ALL ORDERS SHOULD BE DIRECTED TO:
SPURS VENDOR NUMBER: 201941579002

VENDOR: Government-Buys, Inc.

STREET ADDRESS OR P.O. BOX: 7900 Wisconsin Avenue, Suite 303:

CITY, STATE, ZIP: Bethesda, MD 20814

TELEPHONE: [phone]

FAX NUMBER: 301-652-1601

Direct Orders from Intelligent Decisions, Inc.
ALL ORDERS SHOULD BE DIRECTED TO:
SPURS VENDOR NUMBER: 521660341002

VENDOR: Intelligent Decisions, Inc.

STREET ADDRESS OR P.O. BOX: 21445 Beaumeade Circle

CITY, STATE, ZIP: Ashburn, VA 20147-6036

TELEPHONE: [phone]

FAX NUMBER: 703-554-1842

Direct Orders from Spectrum Systems, Inc.
ALL ORDERS SHOULD BE DIRECTED TO:
SPURS VENDOR NUMBER: 541369735001

VENDOR: Spectrum Systems, Inc.

STREET ADDRESS OR P.O. BOX: 11320 Random Hills Road, Suite 630

CITY, STATE, ZIP: Fairfax, VA 22030

TELEPHONE: [phone]

FAX NUMBER: 703-591-9780

Direct Orders from Advantage Professionals of Raleigh LLC dba Autonomic Resources
ALL ORDERS SHOULD BE DIRECTED TO:
SPURS VENDOR NUMBER: 06-1619955

VENDOR: Advantage Professionals of Raleigh LLC dba Autonomic Resources

STREET ADDRESS OR P.O. BOX: 200 Cascade Pointe Lane, Suite 103

CITY, STATE, ZIP: Cary, North Carolina 27513

TELEPHONE: [phone]

FAX NUMBER: 919-653-5599

Direct Orders from Merlin International
ALL ORDERS SHOULD BE DIRECTED TO:
SPURS VENDOR NUMBER: 841424371002

VENDOR: Merlin International

STREET ADDRESS OR P.O. BOX: 4B Inverness Court East, Suite 100

CITY, STATE, ZIP: Englewood, CO 80112

TELEPHONE: [phone]

FAX NUMBER: 303-221-0534

CONTRACT ADMINISTRATOR

FOR ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER PROBLEMS WHICH MAY ARISE SHALL BE BROUGHT TO THE ATTENTION OF:

Fredrick Ross

PHONE: [phone]

E-MAIL: [e-mail]


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252-920-07-ACS Page of

Florida Dept. of Management Services

Division of State Purchasing