Common use of Communications and Confidentiality Clause in Contracts

Communications and Confidentiality. The Contractor agrees that it will make no statements, press releases, or publicity releases concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, or any particulars thereof, during the period of the Contract, without first notifying the Department’s Contract Manager or the Department designated contact person and securing prior written consent. The Contractor must maintain confidentiality of all confidential data, files, and records related to the services and commodities provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. Remainder of this page is left intentionally blank Exhibit B ITB No. 22-44102100-Z Addendum No. 2 Contained herein are the answers to the questions submitted to the Department of Management Services (Department). The Department hereby amends ITB No. 22-44102100-Z as noted within this Addendum. For revisions, underline represents additions and strikethroughs represent deletions. In the event of a conflict between previously released information and the information contained herein, the information herein shall control. The information included in this addendum is now made part of this solicitation. FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN SECTION 120.57(3), FLORIDA STATUTES, OR FAILURE TO POST THE BOND OR OTHER SECURITY REQUIRED BY LAW WITHIN THE TIME ALLOWED FOR FILING A BOND SHALL CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA STATUTES. Any protest must be timely filed with the Department of Management Services’ Agency Clerk. Please Note: This Addendum No. 2 does not need to be returned with the response.

Communications and Confidentiality. The Contractor agrees that it will make no statements, press releases, or publicity releases concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, or any particulars thereof, during the period of the Contract, without first notifying the Department’s Contract Manager or the Department designated contact person and securing prior written consent. The Contractor must maintain confidentiality of all confidential data, files, and records related to the services and commodities provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. Remainder of EXHIBIT B: Contract Forms Forms included in this page is left intentionally blank Exhibit B ITB No. 22Contract: • Quarterly Reporting (Excel File) • Contact Information Worksheet • Ordering Instructions • Savings / Price Reductions • Preferred Pricing Affidavit • Product Update (Excel File) Quarterly Report (Excel file) Sales_report_format_( 003).xlsx Contractor Information Worksheet Contractor_Informati on_Worksheet.doc Ordering Instructions Ordering Instructions.doc Savings / Price Reductions PUR7064_Savings-44102100-Z Addendum No. 2 Contained herein are the answers to the questions submitted to the Re xxxxxxxXxxxxxxxxxxx.xx Preferred Pricing Affidavit Preferred Pricing Affidavit.docx Product Update Product Update Form.xls DESCRIPTION OF INTENDED SINGLE SOURCE PURCHASE (PUR 7776) AGENCY: Florida Department of Management Services TITLE Short description of the commodity or service desired: Microsoft Software and Services CONTACT Name: Xxxx Xxxxxxxxxx, Purchasing Specialist Supervisor Address: 4050 Esplanade Way, Suite 360, Tallahassee, FL 00000-0000 Telephone: 000-000-0000 Email: Xxxx.Xxxxxxxxxx@xxx.xxxxxxxxx.xxx Internal tracking number, if any: 252-000-15-SS (DepartmentNumber for Microsoft single source portion) Date posted: 07/14/2014 Last day for receipt of information: 07/23/2014 01:30PM This description of commodities or contractual services intended for purchase from a single source is posted in accordance with section 287.057(5)(c), Florida Statutes and will remain posted for a period of at least 7 business days. Commodity or Service Required (commodity class and group, manufacturer, model, and description, as appropriate): 43230000 Software 80101507 Information Technology Consultation Services Quantity or Term (as appropriate): Ten years (LAR contract will be for five years plus up to five renewal years.) Requestor (division, bureau, office, individual, as appropriate): Division of State Purchasing Performance and/or Design Requirements (intended use, function or application, compatibility etc. requirements; reference to policy, rule, statute or other act of the Legislature, etc., as appropriate): The Department hereby amends ITB NoState intends to negotiate with Microsoft to determine 1) the appropriate Master Agreements for all Microsoft products, 2) to set pricing for the Large Account Resellers, and 3) to determine appropriate levels for consulting services that will be provided directly from Microsoft. 22-44102100-Z Intended source (vendor, contractor): Microsoft Corporation Estimated Dollar Amount: $100,000,000.00 over a ten year period. Justification for single source acquisition (what is necessary and unique about the product, service or source; steps taken to confirm unavailability of competition, as noted within this Addendumappropriate): Microsoft is the only company that can offer Microsoft software agreements. For revisionsIt is imperative that the State conduct negotiations with Microsoft to determine which agreements are appropriate to meet the needs of the state and to set the amount that the Large Account Resellers will pay to Microsoft in order to obtain a large discount for the state. Approved By (names & titles, underline represents additions as appropriate, e.g., requestor, requestor management, information systems, budget, purchasing): Xxxx Xxxxxxxxxx, Purchasing Specialist Supervisor Xxxxxxx Xxxxx, Assistant General Counsel Xxxxxx Xxxxx, Director of State Purchasing and strikethroughs represent deletionsChief Procurement Officer Prospective vendors are requested to provide information regarding their ability to supply the commodities or contractual services described. In If it is determined in writing by the event of agency, after reviewing any information received from prospective vendors, that the commodities or contractual services are available only from a conflict between previously released information and the information contained hereinsingle source, the information herein shall control. The information included in this addendum is now made part of this solicitation. FAILURE TO FILE A PROTEST WITHIN THE TIME PRESCRIBED IN SECTION 120.57(3), FLORIDA STATUTES, OR FAILURE TO POST THE BOND OR OTHER SECURITY REQUIRED BY LAW WITHIN THE TIME ALLOWED FOR FILING A BOND SHALL CONSTITUTE A WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA STATUTES. Any protest must be timely filed with the Department of Management Services’ Agency Clerk. Please Note: This Addendum No. 2 does not need to be returned with the response.agency shall: