REQUEST FOR PROPOSAL (RFP) USO Web Conferencing ETP106-2009

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Web Conference RFP Page 1 of 31 REQUEST FOR PROPOSAL (RFP) USO Web Conferencing ETP106-2009 DATE ISSUED: March 9, 2009 PURPOSE: The eTech Ohio Commission is seeking Request for Proposal (RFP) responses for products and services of a University System of Ohio (USO) Web Conferencing initiative where higher educational institutions, K through 12, state agencies and field-based service providers can utilize an integrated web conferencing solution that will support real-time collaboration interactions over a network between participants in multiple meeting formats. Eligibility: Contractor must have experience in web conferencing products that support real-time collaboration over a network using different meeting formats. Dates: RFP Issue Date: March 9, 2009 Letter of Intent Due Date March 17, 2009 12:00 p.m. (E.S.T.) Inquiry Period Begins: March 17, 2009 12:01 p.m. (E.S.T.) Inquiry Period Ends: March 27, 2009 12:00 p.m. (E.S.T.) RFP Responses Due Date: April 6, 2009 5:0 p.m. (E.S.T.) TERM OF SERVICE: The anticipated term of the service starts on or about May 1, 2009 and ends on June 30, 2009. Contracts with state agencies are prohibited from extending beyond a biennium (a two year fiscal cycle). Therefore, this Contract will automatically expire on June 30, 2009. eTech Ohio however, may renew this RFP/Contract, at its sole discretion, by issuing written notice to the Contractor of its decision to do so no later than 30 days prior to the expiration of the current term; however the renewal shall not exceed the next two year biennium. CONTACT INFORMATION: eTech Ohio Attn: Steve Hrinko, Acquisitions Manager 2323 W. Fifth Ave, Suite 100 Columbus, OH 43204 [email protected] 614-485-6445 (Voice) 614-728-1899 (Facsimile)

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Transcript of REQUEST FOR PROPOSAL (RFP) USO Web Conferencing ETP106-2009

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REQUEST FOR PROPOSAL (RFP) USO Web Conferencing

ETP106-2009 DATE ISSUED: March 9, 2009 PURPOSE: The eTech Ohio Commission is seeking Request for Proposal (RFP) responses for products and services of a University System of Ohio (USO) Web Conferencing initiative where higher educational institutions, K through 12, state agencies and field-based service providers can utilize an integrated web conferencing solution that will support real-time collaboration interactions over a network between participants in multiple meeting formats. Eligibility: Contractor must have experience in web conferencing products that support real-time collaboration over a network using different meeting formats.

Dates: RFP Issue Date: March 9, 2009 Letter of Intent Due Date March 17, 2009 12:00 p.m. (E.S.T.) Inquiry Period Begins: March 17, 2009 12:01 p.m. (E.S.T.) Inquiry Period Ends: March 27, 2009 12:00 p.m. (E.S.T.) RFP Responses Due Date: April 6, 2009 5:0 p.m. (E.S.T.)

TERM OF SERVICE: The anticipated term of the service starts on or about May 1, 2009 and ends on June 30, 2009.

Contracts with state agencies are prohibited from extending beyond a biennium (a two year fiscal cycle). Therefore, this Contract will automatically expire on June 30, 2009. eTech Ohio however, may renew this RFP/Contract, at its sole discretion, by issuing written notice to the Contractor of its decision to do so no later than 30 days prior to the expiration of the current term; however the renewal shall not exceed the next two year biennium.

CONTACT INFORMATION:

eTech Ohio Attn: Steve Hrinko, Acquisitions Manager 2323 W. Fifth Ave, Suite 100 Columbus, OH 43204 [email protected] 614-485-6445 (Voice) 614-728-1899 (Facsimile)

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INQUIRY PERIOD:

Contractors may make inquiries by email or fax regarding this RFP only during the Inquiry Period beginning March 17, 2009 12:01 p.m. (E.S.T.) and ending March 27, 2009 12:00 p.m. (E.S.T.). All inquiries shall be submitted to the eTech Ohio RFP Representative identified below.

Contractors submitting inquiries will receive an e-mail acknowledging that their inquiry has been received. Responses to all written inquiries will be sent to all Contractors. eTech Ohio will respond to all inquiries in a reasonable and timely manner, excluding weekends and State holidays. eTech Ohio will not respond to any inquiries received after the Inquiry Period has ended.

LETTER OF INTENT: Contractors must submit a Letter of Intent form (see Attachment) stating their intentions to submit a proposal in response to this RFP to the eTech Ohio contact representative no later than March 17, 2009 12:00 p.m. (E.S.T.). A facsimile confirmation of the form is acceptable. The Letter of Intent must include the name, title, telephone number, facsimile number and email address of one staff member, and one staff member only, selected to represent the Contractor in the RFP process. In the event that no Letter of Intent has been received by the Letter of Intent deadline, the Contractor will not be considered eligible for consideration in the award of a contract.

PROPOSAL SUBMISSION REQUIREMENTS:

• Proposals must be received by eTech Ohio, 2323 West Fifth Avenue, Suite 100, Columbus, Ohio 43204, no later than April 6, 2009 5:00 p.m. (E.S.T.). Proposals received after this date may not be considered by eTech Ohio. Proposals can be delivered in person or sent by mail to be delivered by the due date. No quote received by email will be accepted.

• Proposals must acknowledge the Contractor’s understanding and ability to perform the scope of work.

• Proposals must be based on the Scope of Work and eTech Ohio will not be liable for any costs the Contractor does not identify in its proposal.

• Proposals are firm and irrevocable for ninety (90) days. Beyond ninety (90) days, the Contractor will have the option to honor their proposal or make written request to withdraw their proposal from consideration.

• eTech Ohio has the right to accept or reject proposal submissions at its sole discretion. eTech Ohio reserves the right to also withdraw any part of this Request for Proposals and is not liable for any expense or cost incurred by Contractors in answering this Request for Proposals.

• Proposals must be submitted in the following format. Contractor must submit one (1) original and five (5) complete copies for a total of six (6) copies.

o Cover Letter

A statement regarding the Contractor’s legal structure (e.g., an Ohio corporation), Federal tax identification number, and principal place of business;

A list of the people who prepared the RFP response, including their titles;

The name, phone number, fax number and e-mail address if available, of one (1) contact person who has authority to answer questions regarding the RFP response;

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A list of all subcontractors, if any, that the Contractor will use on the Project if the Contractor is selected to do the work;

o Contractor Profile Form

The Contractor must complete the Contractor Profile Form (see attachment).

In addition to completing the Contractor Profile Form in its entirety, Contractor must attach a summary of its technical capabilities qualifications and experience related to successfully performing projects similar in scope and size to the deliverables outlined in this RFP.

This summary should include:

• An explanation of Contractor’s experience.

• A list of Contractor’s prior professional clients. eTech Ohio will not contact these clients unless they are listed as references, this list is only intended to provide an overview of prior professional design experience.

o Evaluation Matrix and Required Information (see attachment).

• The Contractor must respond in detail to each topic on the Web Conference matrix within their submitted proposal.

o USO Web Conferencing Pricing Form o Contractor References o Contractor Performance Form o Project Team and Qualifications o Support Requirements o Conflict of Interest o Payment Address o W-9 Form (see attachment) o Government Business and Funding Contracts Form (see attachment).

• eTech Ohio wants clear and concise RFP responses. Contractors should take care to completely answer questions and meet the RFP requirements. The requirements for the RFP’s content and formatting are contained above.

• eTech Ohio may reject any RFP response or unsolicited RFP amendments that are received after the deadline. A Contractor that mails its RFP response must allow for adequate mailing time to ensure its timely receipt.

• eTech Ohio may reject any RFP if the Contractor takes exception to the terms and conditions of the RFP, fails to comply with the procedure for participating in the RFP process, or the Contractor’s response fails to meet any requirements of this RFP.

• eTech Ohio may also reject any RFP response that it believes is not in its interests to accept and may decide not to do business with any of the Contractors responding to this RFP. eTech Ohio reserves the right to withdraw any portion or in its entirety this RFP should it be determined to be in its best interests to do so.

• eTech Ohio will not be liable for any costs incurred by a Contractor in responding to this RFP, regardless of whether eTech Ohio awards the Contract through this process, decides not to go forward with the Project, cancels this RFP for any reason, or contracts for the Project through some other process or by issuing another RFP.

• By submitting an RFP, the Contractor acknowledges that it has read this RFP, understands it, and agrees to be bound by its requirements. eTech Ohio is not responsible for the accuracy of

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any information regarding this RFP that was gathered through a source different from the inquiry process described in this RFP.

• A Contractor may not be compensated for damages arising from inaccurate or incomplete information in the RFP specifications or from inaccurate assumptions based upon the specifications.

• Ohio Revised Code (ORC) Section 9.24 prohibits eTech Ohio from awarding a Contract to any Contractor(s) against whom the Ohio Auditor of State has issued a finding for recovery if the finding for recovery is “unresolved” at the time of award. By submitting a response, the Contractor warrants that it is not now, and will not become subject to an “unresolved” finding for recovery under ORC Section 9.24, prior to the award of a Contract arising out of this RFP, without notifying eTech Ohio of such finding.

• All RFP responses and other material submitted become the property of eTech Ohio and may be returned only at eTech Ohio’s option. Proprietary information should not be included in an RFP response or supporting materials because eTech Ohio will have the right to use any materials or ideas submitted in any RFP response without compensation to the Contractor. Any information provided may become subject to Ohio’s Public Records Act (ORC 149.43, et.seq.) and thus may be a public record. Additionally, all RFP responses will be open to the public after the Contract has been awarded.

• Proposals shall be to the attention of:

eTech Ohio Attn: Steve Hrinko, Acquisitions Manager 2323 W. Fifth Ave, Suite 100 Columbus, OH 43204 [email protected] 614-485-6445 (Voice) 614-728-1899 (Facsimile)

CONTRACT EXECUTION FORM: In order for a Contractor’s response to remain under active consideration, the Contractor must sign and return two (2) copies of the signed Contract Execution form (see attachment) to eTech Ohio with its response to the RFP. Submittal of a signed Contract Execution form does not imply that a Contractor will be awarded the Contract. eT ech Ohio will issue a tentative Notice of Award letter to the selected Contractor. The Contract will not be binding on eTech Ohio until, if required, approval of this contract is given by the eTech Ohio Commission and the State of Ohio Controlling Board, eTech Ohio’s duly authorized representative signs both copies of the Contract Execution Form and returns one (1) copy to the Contractor, eTech Ohio issues a purchase order (or other relevant documents), and all other prerequisites identified in the contract have occurred. eTech Ohio expects the Contractor to commence work within five (5) working days after eTech Ohio issues a purchase order under the Contract. If eTech Ohio awards a Contract pursuant to this RFP and the Contractor is unable or unwilling to commence the work within a reasonable amount of time after Contract award, eTech Ohio reserves the right to cancel the Contract and return to the original RFP process and evaluate any remaining Contractor responses capable of being selected for award of the Contract. The Contract will consist of this RFP, any written amendments to this RFP, the Contractor’s RFP response, any authorized amendments to the Contractor’s RFP response, signed Contract Execution form, and any necessary purchase orders, requisition forms. The Contract will also

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incorporate any materials incorporated by reference in the above documents and any change orders issued under the Contract. The terms and conditions for the Contract are contained in the General Terms and Conditions, attached hereto and incorporated herein. If there are conflicting provisions between the documents that make up the Contract, the order of precedence for the documents is as follows: 1. This RFP, and any eTech Ohio approved amendments; 2. The documents and materials incorporated by reference in the RFP; 3. The Contractor’s proposal, and any approved amendments, clarified, and accepted by

eTech Ohio; and 4. The documents and materials incorporated by reference in the Contractor’s proposal. Notwithstanding the order listed above, change orders, and amendments issued after the Contract is executed may expressly change the provisions of the Contract. If they do so expressly, then the most recent of them will take precedence over anything else that is part of the Contract.

SCOPE OF WORK: The USO Web Conferencing initiative is a common application program to integrate a single service to be shared by but limited to Ohio Universities, K through 12 schools, Educational Services Centers, field based services centers and State Agencies. The system must allow people to collaborate virtually and share information in the form of common workspace, shared editing tools, and one-to-one/one-to-many communication channels (text and/or voice). This program shall have the ability host approximately one thousand (1000) concurrent users on this system while over two thousand (2000) can initiate conferencing sessions. This system shall be a readily accessible and easy to use online for meetings, sharing desktop applications, presentations and tools. This system shall also work with multiply operating systems such as Windows XP/Vista, Linux, and MacOS. The business goal of this system is provide a measurable savings on business travel. Increasing environmental concerns and initiatives for “green” IT are also leading our efforts to Web conferencing. Web conferencing not only allows people to collaborate virtually and share information, it also provides facilities to record and capture formal or ad hoc collaborative interactions for later tracking and reuse. EVALUATION AND AWARD: • eTech Ohio may reject any RFP response that is not in the required format, does not address all

the requirements of this RFP, exceeds established project budget or otherwise not in its best interests to consider or to accept.

• None of the rights, duties, or obligations in this RFP or actual Contract award will be binding on the State, and the Contractor will not begin its performance, until all of the following conditions have been met:

o All statutory provisions under the Ohio Revised Code, including Section 126.07, have been met;

o All necessary funds are made available by the appropriate state agencies; o If required, approval of this Contract is given by the eTech Ohio Commission and/or the

State of Ohio Controlling Board; and o If the State is relying on Federal or third-party funds for this Contract, the State gives the

Contractor written notice that such funds have been made available.

• The evaluation process may consist of up to four distinct phases:

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1. The acquisition representative’s initial review of all Proposals for defects; 2. The evaluation committee’s evaluation of the Proposals; 3. Request for more information (interviews, presentations, and/or demonstrations); and 4. Negotiations.

eTech Ohio may decide whether phases three and four are necessary. eTech Ohio has the right to eliminate or add phases three or four at any time in the evaluation process. eTech Ohio also may add or remove sub-phases to phases two through four at any time if eTech Ohio believes doing so will improve the evaluation process.

• The evaluation committee will evaluate each Proposal that the acquisitions representative has determined is timely, complete, and properly formatted. The evaluation will be according to the criteria contained in this Part of the RFP. The committee has a right to break these criteria into components and weight any components of a criterion according to their perceived importance.

At any time during this phase, the committee may ask a Contractor to correct, revise or clarify any portions of its Proposal. At the sole discretion of the committee, any Proposal may be rejected.

Each contractor shall complete and answer within each response, the USO Web conferencing Evaluation matrix by explaining each topic within each proposal. Each explanation must be answered in the Evaluation matrix format This will be the part of the evaluation process.

• Proposal evaluation. In the Proposal evaluation phase, the evaluation committee will rate the Proposals submitted in response to this RFP based on the following criteria:

o Presentation of Response o Qualifications and References o Knowledge, Experience and Evaluation Matrix o Demonstrated Knowledge and Experience (If needed)

If after two or more proposal are found to be equal, the winning proposal will be chosen based on an interview process.

In the Proposal evaluation phase, the committee will rate the Proposals submitted in response to this RFP based on the predetermined criteria. If the Contractor meets the mandatory requirements, the Contractor’s Proposal will continue through the evaluation process.

If the committee does not receive any Proposal that meets all the mandatory requirements, the committee may cancel this RFP. Alternatively, if the committee believes it is in eTech Ohio's interest, the committee may continue to consider the highest-ranking Proposals despite their failure to meet all the mandatory requirements. In doing this, the committee may consider one or more of the highest-ranking Proposals. The committee may not consider any lower-ranking Proposals unless all Proposals ranked above it are also considered, except as provided below.

If the committee finds that one or more Proposals should be given further consideration, the committee may select one or more of the highest-ranking Proposals to move to the next phase. The committee may alternatively choose to bypass any or all subsequent phases and make an award based solely on the evaluation phase.

If further information is required by the committee, presentations may be required by a vendor. A presentation shall include but not limited to an in person presentation of products and services described in the scope of work.

This RFP asks for responses and submissions from Contractor’s, most of which represent components of the above criteria. While each criterion represents only a part of the total basis for a decision to award the Contract to a Contractor, a failure by a Contractor to make a required submission or meet a mandatory requirement will normally result in a rejection of that Contractor’s Proposal.

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In any case where no Proposal meets all the mandatory requirements, it may be that an upper ranking Proposal contains a failure to meet a mandatory requirement that the committee believes is critical to the success of the RFP's objectives. When this is so, the committee may reject that Proposal and consider lower ranking Proposals. Before doing so, committee must notify the Contractor of the situation and give the Contractor an opportunity to cure the critical mandatory requirement.

If the Contractor cures its failure to meet a critical mandatory requirement, its Proposal will continue to be considered. If the Contractor is unwilling or unable to cure the failure, its Proposal may be rejected. The committee then may continue to consider the other remaining Proposals, including, if the committee so chooses, proposals that ranked lower than the rejected Proposal. Bill to Address: All invoices should be sent to:

eTech Ohio Commission Attn: Matt Howard 2323 West Fifth Avenue, Suite 100 Columbus, Ohio, 43204

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GENERAL TERMS AND CONDITIONS

1 ENTIRE AGREEMENT

The Contract consists of this RFP including all attachments, written amendments to this RFP, the Contractor’s proposal, and written, authorized amendments to the Contractor’s proposal. It will also include any materials incorporated by reference in the above documents and any Change Orders issued under the Contract. The Contract constitutes the entire understanding between the parties hereto with reference to the matters contained herein, there being no conditions, warranties or representations other than those contained herein. 2 INTELLECTUAL PROPERTY: RIGHTS IN DATA, PATENTS AND COPYRIGHT Neither the Contractor nor any of the Contractor’s employees, agents, subcontractors or assigns shall make a disclosure for the purpose of securing a patent, copyright, trademark or service mark in the United States or any other country for any of the reports, data or material prepared by the Contractor pursuant to this Contract unless such disclosure is approved in writing by eTech Ohio prior to the application. In the event that such a patent, copyright, trademark or service mark is obtained, the Contractor shall, at the request of eTech Ohio, provide eTech Ohio written authorization for eTech Ohio and any other person, agency or instrumentality contributing financial support to the work covered by this Contract to make use of the subject of said patent disclosure without payment therefore.

The Contractor warrants that the services provided pursuant to this Contract will not infringe upon any United States or foreign letters, patents, trademarks, copyrights or other proprietary rights, and the Contractor agrees to defend, protect and hold harmless eTech Ohio, its employees, agents, successors, assigns, customers and users of such items, against any and all causes of action and from all damages and expenses, including attorneys’ fees, resulting from claims and demands from actual or alleged infringements of any patent, trademark, copyright or any right by reason of the sale or use of the material covered hereby. eTech Ohio reserves the right to participate in any such action brought against eTech Ohio at Contractor’s expense. To the extent that the work performed pursuant to this Contract includes any work of authorship entitled to protection under the copyright laws, the work shall be deemed a work made for hire to the greatest extent permitted by law. eTech Ohio shall be the sole author of the work and any work embodying the Contractor’s work according to the United States Copyright Act. To the extent that the work is not properly characterized as a work made for hire, the Contractor shall grant to eTech Ohio all right, title and interest in the work, including all copyright rights, in perpetuity and throughout the world. Contractor agrees to return to eTech Ohio within thirty (30) days of the effective date of termination of this Contract any information set forth in reports, documents, lists, or other materials given to, prepared or assembled by Contractor under this Contract. 3 TERMINATION This Contract may be terminated only as follows: 3.1 By eTech Ohio without cause upon a fourteen (14) day written notice to the Contractor. 3.2 By mutual written consent of all parties.

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3.3 eTech Ohio may immediately terminate this Contract if the Contractor has breached any provisions of this Contract. The following events shall be deemed to be a breach by the Contractor of its obligations hereunder provided, however, said list shall not be deemed all inclusive:

3.3.1 Failure by the Contractor to timely perform its obligations hereunder. 3.3.2 The Contractor shall cease doing business. 3.3.3 The Contractor shall file for protection under any state or federal bankruptcy

or similar laws during the terms of this Contract.

If the Ohio General Assembly fails at any time to continue funding for the payments and other obligations set forth herein, eTech Ohio’s obligations under this Contract are terminated as of the date the funding expires and eTech Ohio shall have no further obligations hereunder. If eTech Ohio discovers or is notified of the discontinuation of funding for this Contract, then eTech Ohio agrees to notify Contractor of said discontinuation as soon as is practicable. The Contractor shall not perform any work under the Contract after receiving such notice. In the event of an early termination or the natural expiration of this Contract, eTech Ohio shall be given immediate ownership and possession of all reports, documents and other materials assembled and prepared by Contractor pursuant to this Contract. 4 NON DISCRIMINATION eTech Ohio does not discriminate on the basis of race, color, national origin, sex, religion, age, or disability in employment or in the providing of services in compliance with Ohio Revised Code Section 125.111. The Contractor, it’s employees and subcontractors agree to abide by the state and applicable Federal non-discriminatory laws while performing services under this Contract. 5 DRUG-FREE WORKPLACE Contractor shall comply with all applicable federal, state and local laws regarding smoke free and drug free work places and shall make a good faith effort to ensure that any of its employees or permitted subcontractors engaged in the work being performed hereunder do not purchase, transfer, use or possess illegal drugs or alcohol or abuse prescription drugs in any way. 6 ETHICS LAW Contractor certifies that it is currently in compliance and will continue to adhere to the requirements of Ohio Ethics law as provided by Ohio Revised Code Section 102. 7 OHIO ELECTIONS LAW Contractor affirms that, as applicable to Contractor, no party listed in Division (I) or (J) of Section 3517.13 of the Ohio Revised Code or spouse of such party has made, as an individual, within the two previous calendar years, one or more contributions totaling in excess of the limitations specified in Section 3517.13. 8 INDEPENDENT CONTRACTOR STATUS It is understood and agreed by the parties that Contractor shall perform all duties hereunder as an independent contractor and not as the agent of eTech Ohio and, therefore, no agency or partnership relationship exists between eTech Ohio and Contractor. Neither party shall have the right to bind or obligate the other party in any manner without the prior written consent of the other party, except as expressly provided herein. Contractor has full opportunity to find other business

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and has made an investment in its business. Contractor will retain sole and absolute discretion in the judgment of the manner and means of carrying out its activities and responsibilities under this Contract. It is further understood and agreed Contractor shall not be considered an employee of eTech Ohio and shall not be eligible for state employee benefits, including worker’s compensation coverage. 9 NO FINDINGS FOR RECOVERY Contractor affirmatively represents and warrants to eTech Ohio that it is not subject to any unresolved finding for recovery under Ohio Revised Code Section 9.24, or that it has taken the appropriate remedial steps required under Section 9.24 or otherwise qualifies under that Section. Contractor agrees that if this representation and warranty is deemed to be false, this Contract shall be void ab initio as between the parties, and any funds paid by eTech Ohio hereunder shall be immediately repaid to eTech Ohio, or an action for recovery may be immediately commenced by eTech Ohio for recovery of said funds. 10 REPRESENTATIVE AND WARRANTIES Each party that has executed this Contract through its undersigned authorized representative, and each representative so executing, hereby warrants and represents to the other party that the undersigned representative has full authority to execute this Contract on behalf of the party for whom said authorized representative purports to act. Contractor, any subcontractor or person acting on behalf of Contractor, in the execution of duties and obligations hereunder, agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances. 11 LIABILITY Contractor agrees to fully indemnify and hold harmless eTech Ohio from any and all liability, losses, claims, damages, and expenses arising out of Contractor’s performance (or non performance) of its obligations hereunder. In no event shall eTech Ohio be liable to Contractor for indirect, consequential, incidental, special or punitive damages, or lost profits. Notwithstanding any language to the contrary, Contractor shall be liable for any personal injury or damage to real property or tangible personal property, caused by its fault or negligence. 12 AVAILABILITY OF BOOKS AND RECORDS Contractor agrees that eTech Ohio shall have the right to review Contractor’s books and records relative to this Contract for a period of at least three (3) years after the expiration of this Contract and shall make such records available to eTech Ohio. 13 ADVERSE INTERESTS No personnel of the Contractor or public official or employee of the state who exercises any functions or responsibilities in connection with the review or approval of the undertaking or carrying out of any such work shall voluntarily acquire, prior to the completion of the work in this Contract, any personal interest, direct or indirect, which is incompatible or in conflict with the discharge and fulfillment of such person’s functions and responsibilities with respect to carrying out the work of this Contract. No person shall promise or give to any public official or employee anything of value that is of a character as to manifest a substantial and improper influence upon him with respect to his

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duties. In addition, no public official or employee shall solicit or accept anything of value that is of a character to manifest a substantial and improper influence upon him with respect to his duties. 14 CONFIDENTIALITY Contractor shall maintain any and all records associated with the subject of this Contract in accordance with any applicable state and federal laws, including, but not limited to, Ohio Revised Code, and the Health Care Portability Act. 15 ASSIGNMENT OR SUBCONTRACT This Contract shall not be assigned or subcontracted without prior written consent of eTech Ohio. 16 BINDING EFFECT, AMENDMENTS OR MODIFICATION This Contract shall bind the parties hereto, their respective assigns, successors, receivers, and legal representatives of any type whatsoever, and shall not be amended or modified unless done so in writing signed by both parties. If eTech Ohio’s governing Ohio statutes shall subject it to new or differing statutory requirements affecting contracts, this Contract shall be subject to and conditioned upon compliance with such requirements, unless otherwise provided by Ohio law. 17 DRAFTING OF CONTRACT All parties hereto shall be deemed to have participated equally in the drafting of this Contract, and the choice of language, terms, and conditions contained herein, including, but not limited to, any and all exhibits and/or schedules, created contemporaneously herewith or for the purpose of being attached hereto. For the purpose of enforcement, construction, and interpretation all such documents, language, terms, formulas, exhibits, conditions, and covenants, shall be deemed to be equal work product of each party. 18 WAIVER The failure of any party to exercise or enforce, in any respect any right or provision provided for in this Contract shall not be deemed a continuing waiver of any such right or provision. 19 GOVERNING LAW This Contract and the rights of the parties hereunder shall be governed by the laws of the State of Ohio and jurisdiction for any dispute shall be in the appropriate court in Franklin County, Ohio. 20 GOVERNMENT BUSINESS AND FUNDING FORM Pursuant to Ohio Revised Code Section 2909, Contractors seeking business contracts with and funding from any government entity in an annual aggregate amount of $100,000.00 or greater, must complete forms indicating that they have not provided financial assistance or support to a terrorist organization. The Contractor agrees to complete a Government Business and Funding form in its entirety, attached hereto and incorporated herein, as Supplement 1. 21 AVAILABILITY OF FUNDS

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It is expressly understood and agreed by the parties that none of the rights, duties, and obligations herein shall be binding on either party until all relevant statutory provisions of the Ohio Revised Code, including but not limited to Section 127.07, have been complied with and until such time as all necessary funds are available or encumbered and, when required, such expenditure of funds is approved by the Controlling Board of the State of Ohio. The provisions of the Contract are not valid and enforceable until the Contract is fully executed and, if applicable, the availability of funds is certified by and approved by the Office of Budget and Management, in accordance with section 126.07 of the Ohio Revised Code. 22 CONTRACTOR’S PROHIBITIONS RE DANGEROUS ORDNANCES Contractor and its agents are prohibited from possessing or having under their control, a “deadly” weapon or “dangerous ordnance” (each as defined in Ohio Revised Code Section 2923.11), while conducting business related to this Contract, or while conducting business in or on state-owned or leased property. Contractor and its agents shall not carry or store a weapon or dangerous ordnance in a building or portion of a building owned or leased by eTech Ohio. This includes but is not limited to state-owned or leased vehicles, state-owned and/or controlled parking facilities, garages or surface lots. Prohibited items shall not be stored in personal vehicles parked on state-owned and/or leased property. Any Contractor or Contractor’s agent who has been issued a Permit to carry a concealed weapon in the State of Ohio is not exempt from the above provisions. Those who carry or possess a weapon MUST store said weapon, in accordance with the law, prior to entering an area in which a weapon is prohibited. 23 NOTICE Any notice required hereunder shall be made in writing and shall be accomplished by personal delivery, facsimile, or by United States mail, certified, return receipt requested, addressed to the following parties: Contractor: [Name] [Street Address] [City, State, Zip Code] Telephone: eTech Ohio: Executive Director

eTech Ohio Commission 2323 W. Fifth Avenue – Suite 100 Columbus, OH 43204 Facsimile: (614) 728-1899

With a copy to: Steve Hrinko Acquisition Manager

eTech Ohio 2323 W. Fifth Avenue – Suite 100 Columbus, OH 43204 Facsimile: (614) 728-1899

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24 SEVERABILITY The provisions of this Contract are severable and independent, and if any such provision of this Contract shall be invalid, illegal, or unenforceable, in any respect, said provision shall be severed. The remaining provisions and any partially enforceable provisions shall not in any way be affected or impaired unless such severance would cause this Contract to fail of its essential purpose. 25 HEADINGS The headings herein are for reference only. They are not intended and shall not be construed to be a substantive part of this Contract or in any other way to effect the validity, interpretation, or effect of any of the provisions of this Contract. 26 CHANGE ORDERS eTech Ohio may make reasonable changes, within the general scope of the Project, to the period of performance. eTech Ohio will do so by issuing a written order under this Contract describing the nature of the change (“Change Order”). Additionally, if eTech Ohio provides directions or makes requests of the Contractor without a change order, and the Contractor reasonably believes the directions or requests are outside the specifications for the Project, the Contractor will have the right to request a Change Order from eTech Ohio. Within 5 business days after receiving the Change Order, the Contractor will sign it to signify acknowledgement of the change.

The Contractor will be responsible for coordinating changes with its subcontractors and adjusting their performance schedule. eTech Ohio will not pay any Contractor or subcontractor for the Change Order.

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ATTACHMENT : CONTRACT EXECUTION FORM

THIS CONTRACT, which results from USO Web Conferencing RFP ETP106-2009 is between the eTech Ohio Commission (“eTech Ohio”), located at 2323 West Fifth Avenue, Suite 100, Columbus, Ohio 43204 and [Name of Vendor] ("Contractor"), whose address is [street address, city, state, zip]. If this Request for Proposal (RFP) results in a contract award, the Contract will consist of this RFP including all attachments, written amendments to this RFP, the Contractor’s Proposal, and written, authorized amendments to the Contractor’s Proposal. It will also include any materials incorporated by reference in the above documents and any Change Orders issued under the Contract. The form of the Contract is this one-page attachment to the RFP, which incorporates by reference all the documents identified above as if fully written and incorporated herein. The General Terms and Conditions for the Contract are contained in the RFP and fully incorporate herein. If there are any conflicting provisions between the documents that make up the Contract, the order of precedence for the documents is as follows: 1. This RFP, and any eTech Ohio approved amendments; 2. The documents and materials incorporated by reference in the RFP; 3. The Contractor’s Proposal, and any approved amendments, clarified, and accepted by

eTech Ohio; and 4. The documents and materials incorporated by reference in the Contractor’s proposal. This Contract has an effective date of the later of __________________________, 20____, or the occurrence of all conditions precedent specified in the General Terms and Conditions. IN WITNESS WHEREOF, the parties have executed this Contract as of the dates below. eTech Ohio Commission (Contractor) (State of Ohio Agency) (Signature) (Signature) David Barber (Printed Name) (Printed Name) Interim Executive Director (Title) (Title) (Date) (Date)

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CONTRACTOR PROFILE FORM Contractor’s Legal Name: Address:

Phone Number: Fax Number: E-mail Address:

Home Office Location: Date Established:

Ownership:

Firm Leadership:

Number of Employees: Number of Employees Directly involved in the sales and support of this project:

Percentage of Women Nationally:

Percentage of Women Ohio:

Percentage of Minorities Nationally:

Percentage of Minorities Ohio:

Describe any Vertical Industry or Application Focus:

Number of Sales Partners in Ohio:

Additional Background Information:

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CONTRACTOR REFERENCE FORM The Contractor must include three (3) references for which the Contractor has successfully provided services on projects similar in their nature, size, and scope to the Project. These references must be from projects that were completed within the past five (5) years. Company Name:

Contact Name:

Address:

Phone Number:

Project Name:

Beginning Date of Project Month/Year:

Ending Date of Project Month/Year

Description of project size, complexity and the Contractor’s role in this project. Company Name:

Contact Name:

Address:

Phone Number:

Project Name:

Beginning Date of Project Month/Year:

Ending Date of Project Month/Year

Description of project size, complexity and the Contractor’s role in this project.

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CONTRACTOR PERFORMANCE FORM The Contractor must provide the following information for this section for the past seven (7) years. Please indicate yes or no in each column. Yes/No Description

Whether the Contractor has had a contract terminated for default or cause. If so, the Contractor must submit full details, including the other party’s name, address and telephone number.

Whether the Contractor has been assessed damages in excess of $10,000.00, including liquidated damages, under any of its existing or past contracts with any organization (including any government entity). If so, the Contractor must provide complete details, including the name of the other organization, the reason for the damages and the amount for each incident.

Whether the Contractor was the subject of any governmental action limiting the right of the Contractor to do business with that entity or any other governmental entity.

Whether trading in the stock of the company has ever been suspended with the date(s) and explanation(s).

Whether the Contractor, or any officer of the Contractor, or any owner of a 20% interest or greater in the Contractor has filed bankruptcy, reorganization, a debt arrangement, moratorium or any proceeding under any bankruptcy or insolvency law or any dissolution or liquidation proceeding.

Whether the Contractor, any officer of the Contractor, or any owner of a 20% interest or greater in the Contractor has been convicted of a felony or is currently under indictment on any felony charge.

If the answer to any item (1) through (6) is affirmative, the Contractor must provide complete details about the matter. While an affirmative answer to any of these items will not automatically disqualify a Contractor from consideration, at the sole discretion of eTech Ohio, such an answer and a review of the background details may result in a rejection of the Contractor’s RFP response. eTech Ohio will make this decision based on its determination of the seriousness of the matter, the matter’s possible impact on the Contractor’s performance on the Project, and the best interests of eTech Ohio.

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WEB CONFERENCING EVALUATION MATRIX AND REQUIRED INFORMATION The Contractor must provide the following information from this section as part of their proposal.

Instructional Activities Learning activities can be integrated in a linear and non-linear fashion Technology supports visual, text, kinesthetic, and auditory activities to reinforce student

learning Tool has the potential to enhance critical thinking and problem-solving skills Tool organization replicates a virtual classroom rather than a corporate meeting space

Student Assessment Assessment tools permit a variety of qualitative and quantitative responses Tool permits formal and informal student feedback of instruction Virtual Classroom permits the use of 3rd party assessment tools.

Technology Integration Tools enhance communication and learning Tool fosters interactive student engagement Technology supports a variety of multimedia learning objects

Multiple desktop OS Support (Linux, Windows, MAC) Usability

Screen layout is well organized and easy to navigate; Interface has minimal learning curve

Online orientation for participants further reduces learning curve No additional download or plug-in required for whiteboard, audio, application sharing or

any other feature Faculty and Student Support/Resources

Online, indexed Help FAQs and Multimedia tutorials Company provides a variety of web-based training materials Print support and training materials available Free live training for software Available community of practitioners to troubleshoot issues and discuss best practices

Professional Services available to help ensure successful implementation 24/7 Live Technical support

Continuity/Bandwidth Management Average bandwidth requirement for various session types (screen controller, screen

viewer) per participant Audio, slides and whiteboard highlights are always in sync Automatic reconnection if Internet outage occurs - no content is lost and there is no

disruption of services Data is shared at highest quality, with the server automatically compensating for

individuals with low speed connections Universal Support

28.8K Dial up (56K for application-sharing) Mac, Windows, Solaris and Linux clients can simultaneously participate in the same

session

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Users from diverse platforms (Windows, Mac, Solaris, Linux) can share applications and control each others desktops.

MacOS is a supported platform for moderators & participants Windows is a supported platform for moderators & participants Solaris is a supported platform for moderators & participants Linux is a supported platform for moderators & participants Users from any platform or any connection speed can connect to the same session Full functionality available regardless of platform Users can launch sessions using standard browsers Moderator can be on a low speed connection Detail the system requirements of the client

Moderator Control/Feedback Meetings can be easily scheduled by moderators (meeting info can be easily distributed

to participants). Separate permission can be granted to any or all participants for video, audio, chat,

whiteboard, application-sharing, closed captions Permission granting is a simple one-click process Moderator receives visual feedback that reveals when/what content is being received by

participants Moderator receives visual feedback to determine when content has been downloaded to

individual participants Moderator receives visual feedback if a participant is having Internet connection

problems or if they are on a poor Internet connection Multiple moderators can be supported in a session Moderator can determine if a session should be archived for playback

Participant Management Activity lights indicate who is direct messaging, talking, drawing on whiteboard, using

video, closed captions and sharing applications Participants can raise their hand in a manner similar to a face-to-face session Moderator is notified when participants enter the room with visual and auditory alerts

(ADA) Moderator is notified and participants are placed in a queue based on the order they

raised their hands Emotion indicators are available, such as happiness, confusion, applause, disapproval,

etc. Participants can notify others that they have temporarily stepped away from the session

Sessions can be configured so that users come into the session with full privileges or no privileges.

Moderators can invite others into an in-progress session from within the session interface

Allows instant email composition or link copy to clipboard for use in IM or other applications

Feature is enabled or disabled form the scheduling interface User Profiles

All users can create a profile consisting for a picture and their contact information Moderator may configure which attendees are able to view profiles Profiles are easily viewed in the participant window

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When users have entered their email address, they can send each other an email from within the session

Users can upload a vcard Users can export a profile as a vcard Profile only have to be entered once by the user when accessing sessions on the same

computer Usability

Screen layout is simple and easy to navigate, with all features available simultaneously

Participants can fully participate and interact in a session (whiteboard, voice, video, app share, etc.) without having to be promoted to moderator/host and without having to download additional components

Easy to quickly transition between different types of content. i.e. quickly change from a whiteboard to appshare to multimedia file, and then back to the whiteboard

Moderator and participant interface is the same, making it easy to learn Online orientation for participants further reduces learning curve No additional download or plug-in required for whiteboard, audio, application sharing or

any other feature Automatically inherit native platform and color settings allowing each attendee the

choice of default color settings or their own platform color/contrast settings. (ADA) A session timer can be initiated by the moderator and shown to only the moderators or

all attendees Automatically inherit user's machines language support for whiteboard and text chat

input Spanish interface is available French interface is available Portuguese (Brazilian) interface is available Japanese interface is available Chinese interface is available Arabic interface is available German interface is available Russian interface is available Allows screen readers such as JAWS, Narrator, etc. to provide verbal cues in the

session (ADA) The application is friendly to and tested with screen readers like JAWS for users with

visual impairments. (ADA) Menus are accessible by keyboard strokes and shortcuts for users with visual

impairments (ADA) Buttons are accessible by accelerator keys for users with visual impairments (ADA)

Interactive Whiteboard Any participant can use the whiteboard Multiple participants can use the whiteboard simultaneously Comprehensive drawing tools included User-scaleable whiteboard automatically adjusts to the user's screen resolution Object-oriented whiteboard - drawn objects can be selected, moved, edited, grouped,

aligned, resized Content can be layered (identified as background/uneditable) Support for private slides Support for backup slides (sub-slides)

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Multiple whiteboard screens available Insert/Copy/Paste/Delete whiteboard screens Copy/Paste anything from desktop to whiteboard/content viewing area Load animated images on to the whiteboard Drag and drop images onto the whiteboard Save whiteboard content directly to PC Dynamic whiteboard pointers. Each user may simultaneously use their own pointer

User-selectable window layouts Presentations can be marked up or built on the fly Whiteboards are persistent - moving between whiteboard screens does not remove any

changes made to previous screens A URL within the whiteboard can be selected and launched Objects within groups or a background can be selected and modified without having to

ungroup. Whiteboard content can be marked as proprietary to prevent saving or printing by

participants. Attendees can determine at-a-glance which objects were placed on the whiteboard by

which participant The moderator can restrict navigation of slides to control the navigation through a

presentation. Moderators can track which screens participants are viewing All content on the whiteboard during the session can be saved and re-used in another

session Presentation Content

Presentation content can be protected so users cannot save or print it. Automatic conversion of PowerPoint slides with slide titles Automatic conversion of Sun's StarOffice/OpenOffice files Automatic conversion of Apple's iWorks files Automatic conversion of NeoOffice files Automatic conversion of PDF files Load image files onto the whiteboard allowing presentations from any application to be

brought into the whiteboard (Keynote, Photoshop, etc) Presentations can be loaded optimally for a screen resolution or at a customized size

Anyone with privileges can upload content to the session Users may directly screen capture images from their desktops to create content No need to distribute content before session (distribution of content is optimized enough

to not need pre-distribution) Moderator is notified when a participant can see the current screen's contents and when

a participant has received all the whiteboard content. Content can be easily loaded on the fly during a session Content can be PowerPoint, graphic images, snapshots of anything on the user's

desktop Moderators can force participants to view whiteboard content full screen Product maintains user-definable clip art libraries Anyone with privileges can markup the content

Voice over the Internet

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High-compression Audio with telephone quality sound VoIP over 28.8 kbps dial up Full duplex audio The number of simultaneous talkers can be set by the moderator during the session

with up to four users allowed to speak simultaneously Automatic audio buffering and dynamically accelerated audio playback compensates for

Internet delays and maintains all participants in real-time. Audio Hotkey available Audio hotkey is easily visible on the interface Audio Wizard for easy microphone/headphone tuning Product can integrate with teleconference services (audio and video) VoIP does not requires additional plug-in or download Moderator is notified when a participant's audio is lagging due to a bad Internet

connection. Hotkey allows moderator to regain control of the audio from a user at any time Moderator can adjust any participants' audio levels

Audio Conference Integration Audio conference integration enables users to conduct audio communications with VoIP

only, conference call only, or a mix Users on the audio conference are fully integrated into the live session where they can

communicate with users not connected via teleconference (the traditional microphone and speaker users utilizing VOIP)

Users on the audio conference are fully integrated into the live session where they can use all features in the session

Visual indicator in session of users on the audio conference Visual indicator in session when a user on the audio conference speaks Moderators are able to mute and unmute those on the teleconference Visual mute indicator in session of audio conference users Audio conference participants and the telephone conference bridge can be moved to

their own break out room and they will not hear the VOIP audio from other participants in other breakout rooms

All audio, regardless of VoIP or audio conference is captured in session recordings.

Audio conference number can be configured in the session Available on a hosted service so customers do not require any additional hardware Audio Conferencing Services available on pay per use or enterprise-wide deployment

Share Applications / Desktop Can share any individual application Can share a region of the desktop Can share entire desktop Can share entire desktop with a single click Share flash animations / high resolution images Can share applications that run full screen Host can force participants to view the application sharing window full screen Host receives a confirmation when sharing an application or region Host can easily mark up application sharing content Hosts can easily control all interaction in the session even when sharing applications full

screen

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With one click, hosts can capture an image of shared content on to the whiteboard and review it with participants.

Host has a visual indication of the application or region being shared Sharing high resolution application and using voice over the Internet at same time with

no performance impact Moderator has visual feedback when each participant can see the shared application

and if everyone is keeping up Initiating application sharing can automatically resize and reposition windows for ease of

use Magnifier is available when defining which region to share Users can request control of any shared application Hotkeys allow the host to take back control and end application sharing User-scaleable Application Sharing automatically adjusts to the user's screen resolution

Application share quality can be optimized according to content and bandwidth (highest speed versus best image quality)

Application Sharing does not require additional plug-in or download Remote Desktop Control

Can provide a participant control of the shared application/ desktop/ desktop region Only the host can grant control of their machine to someone else Host can grant control automatically or by specifying a password that must be entered

by the user Host can take back control of their machine with a single keystroke Moderators can ask for permission to view and control another user's desktop Remotely controlling someone's desktop is highly responsive Remote Control does not require additional plug-in or download

Synchronized Web Surfing Allows host to take participants to a website. The host can allow for individual navigation once at the site Host can use the web as a presentation tool and take the participants along for the ride

With multiple moderators, one moderator can act as the "tour guide" Host can allow participants to “take” the class on a tour. Hosts can publish URLs into the chat window allowing users to access the website and

bookmark the URL Works with commonly used browsers

Breakout Rooms Private Audio in each breakout room Mixed audio/telephone integration support for breakout rooms -Telephone conference

participants and the telephone conference bridge can be moved to their own break out room and they will not hear the VOIP audio from other participants in other breakout rooms

Private Whiteboard/Content in each breakout room Private Application Sharing in each breakout room Private Video in each breakout room Private Multimedia in each breakout room Private Polling in each breakout room Unlimited number of breakout rooms with any number of participants

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Moderator is able to randomly distribute participants by specifying the number of rooms desired

Moderator is able to randomly distribute participants by specifying the number of participants per room

Moderator is able to randomly distribute moderators in each room Participants can be returned to the main room and returned back to the same breakout

room or randomized again Moderator is able to easily jump from room to room Easily move content from room to room Breakout rooms can be created on the fly or in advance Breakout rooms can be renamed Content can be loaded into breakout rooms at any time Moderator is able to view whiteboard content from outside the breakout room Multiple rooms have no impact on user’s bandwidth Text Announcements can be sent by moderators to all participants regardless of which

breakout room they are in Announcements appear to all users in a separate window and are clearly visible Breakout rooms do not require additional plug-in or download

Chat/Discussion Allows public and private text messages between participants Text messages are readily visible and color-coded The complete history of text messages received is always visible The size of the textbox and discussion region can be resized Text message fonts can be resized/customized (larger or smaller) in the textbox by

users with visual impairment (ADA) Optionally, Moderators can see all private messages Visual notification for attendees informing them when moderators can see private chat

messages Users can include emoticons using keyboard stokes in the messaging area Message history can be saved to a text file Message filtering Is integrated into the environment so it can be viewed and used without obstructing

other session content URLs typed into the chat area are active links Use of text chat is controlled by the moderator

Video / Multimedia Support Supports video over IP (display of web camera output) Multipoint video allows up to six users to share their cameras simultaneously Video window can be resized Video window is scalable to enhance the viewing for users with visual impairments

(ADA) Windows users can broadcast video from compressed, uncompressed, Direct X and

high end cameras Mac users can broadcast video from iSight and other cameras Video quality adjusted according to bandwidth by the sender (sharp/color, dull/color,

sharp/grey scale, dull/grey scale)

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Video quality adjusted according to bandwidth by the viewer (sharp/color, dull/color, sharp/grey scale, dull/grey scale)

Both moderators & participants can broadcast webcam video A clear user interface shows one main video window and others in small thumbnails

Moderator can control the video window so that viewing is synchronized among all participants

User selectable video focus Take a snapshot of live video content and drop it on to the whiteboard Can play multimedia files (Flash, QuickTime, mpg, m4v) for all participants Integrates with Room-Based Video Systems (H.323) Integrates with multipoint control units (MCU) for session initiation and bridging Integrates with TC Reliance(TM) Video Transport Manager for session scheduling and

bridging Multimedia files uploaded in background with status feedback to moderators.

Polling or Surveys On-the-fly polling Yes/No Polling Multiple choice (with up to 5 answers) Pace feedback polling Polling responses can be locked preventing users from changing their responses Results summary can be displayed in graphical format Results summary can be published to everyone in the session Results can be made public or private

File Transfer Participants are able to transfer files to the moderator and/or other participants Multiple files can be transferred during the session Any file type can be transferred Files are transferred in background with status feedback to moderator Participants can be given the privilege to transfer files Participants receive a prompt to save the file when a file has been loaded and who

loaded it. Participants are notified who transferred the file The attendee uploading the file may choose not to prompt participants to save the file Files transferred are captured in the recording Files can be saved at any time during the session

Quiz / Survey Features Contains quizzing tool Quizzes can be pre-defined and saved in a library Questions can be added to quizzes on the fly Multiple choice questions are supported True/false questions are supported Yes/No questions are supported Short answer questions are supported Results of quiz/survey can be graded and viewed immediately by moderator Results of quiz/survey can be graded and viewed immediately by participant

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Results can be made public or private Results can be saved as XML (importable to Excel)

Closed Captioning Closed captioning is available for users with auditory impairments (ADA) Multiple closed captioning streams are available Each attendee can choose which closed captioning stream to view Attendees can choose a preferred closed captioning stream Session attendees can be given privileges to be captionists Allows input from court-report keyboards as well as voice recognition software Text in the closed caption window can be resized Text in the closed caption window can be saved Indicator lights show who is providing closed captions and who is viewing closed

captions Closed captioning during the live session is also available in the recording

Interactive Recording/Archiving All content and interaction during a session can be recorded Moderator may turn the recording on and off within a single session to record selected

parts of the session Recordings can be made available through a single click URL Recording file size is minimized to avoid long downloads Periods of inactivity during a live session are minimized to seconds in the recording Recording playback is streamed to avoid long downloads Recordings can be edited Recordings include indices for session actions such as whiteboard changes, start/stop

of application sharing, etc. Recording indices include slide titles, action events and time. Recordings in proprietary format truly represent all interaction from the live session.

Capturing all audio, messaging, whiteboard, multimedia and video content.

Recordings have all file transfers and user profiles accessible Audio from users on a conference call (if service is provided) is included Indices marking all key activities and manually inserted are captured. User selectable video focus in recordings Intelligent elimination of indices is included. Small file size of recordings allows creation of asynchronous content. Periods of inactivity in the live session are compressed during the recording. Recordings can be converted to audio files (MP3, WAV and Ogg Vorbis) System supports authoring and presetting recordings as podcasts to be played on

mobile devices Recordings can be converted to video files an played on mobile devices - converted to

H.264, MP4 Recordings can be downloaded and played locally on a users computer without an

Internet connection Recordings can be distributed by CD Software allows for cybercasts ("receive -only" users)

Synchronized Notes Users can take text on-line notes during the session.

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Notes allow content from the whiteboard and text chat to be pasted in. Font in note taking window can be resized Personalized notes are stored locally and can be edited after the session. Personalized notes can be transferred to other users. Personalized notes from other users can be imported and merged with your own notes.

During archive playback, the notes will automatically advance to remain in synchronization with the recording (even if edited).

Remote Labs Ability to create a lab environment where each participant can be assigned a lab

machine for independent hands-on labs User is able to define and use keystrokes to easily control a computer for virtual labs

Session Planning A stand-alone client application allows moderators to prepare session content prior to

the live session Planning tool allow moderators to script actions that will be executed in a session -

enabling one button control of the session Planning tools allow moderators to load necessary content in a single file Share session plans with others Sessions plans can be used by all moderators regardless of skill set View presenter notes during the session

Security Supports SSL Encryption (HTTPS) Password configurations are customizable Meeting rooms can be locked, preventing others from joining Moderators can remove participants from session User passwords are never sent between client & server to prevent password snooping

All content (voice, chat messages, whiteboard data) are encoded between client and server machines

HTTP tunneling support built in Whiteboard content can be marked as proprietary to prevent saving or printing by

participants. Server software can be hosted securely behind a firewall Centralized authentication methods (LDAP, etc.) Allows for "guests" (non-account holders) to enter sessions HTTPS support

Administration Allow users to schedule their own sessions Set up individual, open, recurring or scheduled sessions Allows users to easily access their recordings Preload session plans, presentations and multimedia files Password protect sessions for additional security Allows meeting organizer to define a cost center for the meeting to be billed to Single-click customized email notification Automatically add to electronic calendars including Outlook, GroupWise, iCal, Google

Calendar Scalability to multiple servers with a single management interface

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License Management and Smart Scheduling Create multiple user accounts Authenticate users through LDAP (Server customers) Reporting capabilities including, but not limited to, statistics of sessions by cost center,

sessions by moderator, sessions organized by organizer, total session times, average session time, total and average number of participants (in all sessions, by cost center, and by moderator/organizer), total number and average number of recordings by cost center/moderator/organizer with associated storage size.

Integration Vendor provides SDK to enable integration into other applications (LMS, Portals, home-

grown applications, etc.) Integration with Blackboard Enterprise Integration with Blackboard CE/Vista Integration with eCollege Integration with Sakai Integration with Moodle Integration with ANGEL Integration with LDAP Integration with Active Directory

Network Considerations Server installation on Windows Server installation on Linux Server installation on Mac Server installation on Solaris Centralized or distributed intelligent server linking Stable hosting environment Hosted uptime exceeds 99% What network ports need to be open to for your product to function

Pricing Structure There are no additional charges based on time (no per-minute charges) Concurrent User-based pricing available Single room offerings scale from 10 users to 200 users Enterprise or unlimited use licenses available Event based pricing is available (including unlimited users for a single given session) There are no additional charges for the number of total users that use the product What are the pricing levels for up to 10,000 concurrent sessions (see attachment)

Licensing Server (on-premise) License Available Hosted (ASP) Service Available Perpetual (one-time charge) License Available Annual License (See attachment) Available

Overall Company and Strategic Implementation Evaluation Commitment to multiple platform support Commitment to any bandwidth support Commitment to accessibility standards and features (e.g section 508 compliance)

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Company has a history of high growth Company is profitable Company has provent success with large-scale, enterprise deployments Company has a complete suite of products to address the full instructional cycle Demonstrated growth of product and feature enhancements Please include any key

features

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LETTER OF INTENT FORM

This is a form for the Letter of Intent stating a Contractor’s intention to submit an RFP for eTech Ohio’s USO Integrated Web Conferencing RFP ETP106-2009, as identified above in the RFP Instructions, no later than March 17, 2009 12:00 p.m. EST. A facsimile confirmation is acceptable. This letter should be on the Contractor’s letterhead. Date Steve Hrinko, Acquisitions Manager eTech Ohio Commission 2323 West Fifth Avenue, Suite 100 Columbus, Ohio, 43204 614-728-8324 (voice) 614-728-1899 (facsimile) [email protected] Dear Mr. Hrinko: We intend to submit a Request for Proposal for the USO Integrated Web Conferencing RFP ETP106-2009.

I will represent our company in during the Request for Proposal process. Sincerely, __________________________________ Contractor Representative Signature Contractor Representative Name Contractor Representative Title Contractor Representative Telephone Contractor Representative Facsimile Contractor Representative Email

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ATTACHMENT USO Web Conferencing Pricing Form

ETP106-2009 PROPOSAL DUE DATE AND TIME: April 6th, 2009 by 5:00 p.m. EST Proposals must be delivered in-person or mailed to be received by due date: Pricing Form must be included with proposal Attn: Steve Hrinko eTech Ohio Commission 2323 W. Fifth Avenue, Suite 100

Product Description Number of Users

Price per user Price

USO Web Conferencing Licensing 1 to 1000 USO Web Conferencing Licensing 1001 to 2000 USO Web Conferencing Licensing 2001 to 3000

USO Web Conferencing Licensing 3001 to 4000

USO Web Conferencing Licensing 4001 to 5000

USO Web Conferencing Licensing 5001 to 6000

USO Web Conferencing Licensing 6001 to 7000

USO Web Conferencing Licensing 7001 to 8000

USO Web Conferencing Licensing 8001 to 9000

USO Web Conferencing Licensing 9001 to 10,000

Total Price:

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*************************** FOR INSTRUCTIONAL USE ONLY *************************** READ BEFORE COMPLETING YOUR DMA FORM

Forms not conforming to the specifications listed below or not submitted to the appropriate agency or office will not be processed. • To complete this form, you will need a copy of the Terrorist Exclusion List for reference. The

Terrorist Exclusion List can be found on the Ohio Homeland Security Web site at the following address:

http://www.homelandsecurity.ohio.gov/dma.asp

• Be sure you have the correct DMA form. If you are applying for a state issued license, permit, certification or registration, the “State Issued License” DMA form must be completed (HLS 0036). If you are applying for employment with a government entity, the “Public Employment” DMA form must be completed (HLS 0037). If you are obtaining a contract to conduct business with or receive funding from a government entity, the “Government Business and Funding Contracts” DMA form must be completed (HLS 0038). The Pre-certification form (HLS 0035) should only be completed if you are specifically instructed to do so by the agency or office requesting the form.

• Your DMA form is to be submitted to the issuing agency or entity. “Issuing agency or entity” means

the government agency or office that has requested the form from you or the government agency or office to which you are applying for a license, employment or a business contract. For example, if you are seeking a business contract with the Ohio Department of Commerce’s Division of Financial Institutions, then the form needs to be submitted to the Department of Commerce’s Division of Financial Institutions. Do NOT send the form to the Ohio Department of Public Safety UNLESS you are seeking a license from or employment or business contract with one of its eight divisions listed below.

• Department of Public Safety Divisions:

Administration Ohio Homeland Security* Ohio Bureau of Motor Vehicles Ohio Investigative Unit Ohio Emergency Management Agency

Ohio Criminal Justice Services

Ohio Emergency Medical Services Ohio State Highway Patrol • DO NOT SEND THE FORM TO OHIO HOMELAND SECURITY UNLESS OTHERWISE

DIRECTED. FORMS SENT TO THE WRONG AGENCY OR ENTITY WILL NOT BE PROCESSED.

*************************** FOR INSTRUCTIONAL USE ONLY ***************************

HLS 0038 8/06 Page 1 of 3

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ATTACHMENT 1 Ohio Department of Public Safety Division of Homeland Security

http://www.homelandsecurity.ohio.gov

GOVERNMENT BUSINESS AND FUNDING CONTRACTS In accordance with section 2909.33 of the Ohio Revised Code

DECLARATION REGARDING MATERIAL ASSISTANCE/NONASSISTANCE TO A TERRORIST ORGANIZATION

This form serves as a declaration of the provision of material assistance to a terrorist organization or organization that supports terrorism as identified by the U.S. Department of State Terrorist Exclusion List (see the Ohio Homeland Security Division Web site for reference copy of the Terrorist Exclusion List). Any answer of “yes” to any question, or the failure to answer “no” to any question on this declaration shall serve as a disclosure that material assistance to an organization identified on the U.S. Department of State Terrorist Exclusion List has been provided. Failure to disclose the provision of material assistance to such an organization or knowingly making false statements regarding material assistance to such an organization is a felony of the fifth degree. For the purposes of this declaration, “material support or resources” means currency, payment instruments, other financial securities, funds, transfer of funds, and financial services that are in excess of one hundred dollars, as well as communications, lodging, training, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials. COMPLETE THIS SECTION ONLY IF YOU ARE AN INDEPENDENT CONTRACTOR

LAST NAME FIRST NAME MI

HOME ADDRESS

CITY STATE ZIP COUNTY

HOME PHONE

WORK PHONE

COMPLETE THIS SECTION ONLY IF YOU ARE A COMPANY, BUSINESS OR ORGANIZATION

LAST NAME FIRST NAME MIDDLE INITIAL

BUSINESS/ORGANIZATION NAME

PHONE

BUSINESS ADDRESS CITY STATE ZIP COUNTY

DECLARATION In accordance with section 2909.32 (A)(2)(b) of the Ohio Revised Code For each question, indicate either “yes,” or “no” in the space provided. Responses must be truthful to the best of your knowledge. 1. Are you a member of an organization on the U.S. Department of State Terrorist Exclusion List?

Yes No

2. Have you used any position of prominence you have with any country to persuade others to support an organization on the U.S. Department of State Terrorist Exclusion List?

Yes No

HLS 0038 8/06 Page 2 of 3

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3. Have you knowingly solicited funds or other things of value for an organization on the U.S. Department of State Terrorist Exclusion List? Yes No

4. Have you solicited any individual for membership in an organization on the U.S. Department of State Terrorist Exclusion List? Yes No

5. Have you committed an act that you know, or reasonably should have known, affords "material support or resources" to an organization on the U.S. Department of State Terrorist Exclusion List? Yes No

6. Have you hired or compensated a person you knew to be a member of an organization on the U.S. Department of State Terrorist Exclusion List, or a person you knew to be engaged in planning, assisting, or carrying out an act of terrorism? Yes No

In the event of a denial of a government contract or government funding due to a positive indication that material assistance has been provided to a terrorist organization, or an organization that supports terrorism as identified by the U.S. Department of State Terrorist Exclusion List, a review of the denial may be requested. The request must be sent to the Ohio Department of Public Safety’s Division of Homeland Security. The request forms and instructions for filing can be found on the Ohio Homeland Security Division Web site. CERTIFICATION I hereby certify that the answers I have made to all of the questions on this declaration are true to the best of my knowledge. I understand that if this declaration is not completed in its entirety, it will not be processed and I will be automatically disqualified. I understand that I am responsible for the correctness of this declaration. I understand that failure to disclose the provision of material assistance to an organization identified on the U.S. Department of State Terrorist Exclusion List, or knowingly making false statements regarding material assistance to such an organization is a felony of the fifth degree. I understand that any answer of “yes” to any question, or the failure to answer “no” to any question on this declaration shall serve as a disclosure that material assistance to an organization identified on the U.S. Department of State Terrorist Exclusion List has been provided by myself or my organization. If I am signing this on behalf of a company, business or organization, I hereby acknowledge that I have the authority to make this certification on behalf of the company, business or organization referenced on page 1 of this declaration. X_____________________________________________ _______________________________ APPLICANT SIGNATURE DATE

HLS 0038 8/06 Page 3 of 3

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OHIO DEPARTMENT OF PUBLIC SAFETY Division of Homeland Security

Terrorist Exclusion List

As of July 20, 2006 U.S. Department of State List of Designated Foreign Terrorist Organizations

1. Abu Nidal Organization (ANO) 2. Abu Sayyaf Group 3. Al-Aqsa Martyrs Brigade 4. Ansar al-Islam 5. Armed Islamic Group (GIA) 6. Asbat al-Ansar 7. Aum Shinrikyo 8. Basque Fatherland and Liberty (ETA) 9. Communist Party of the Philippines/New People's Army (CPP/NPA) 10. Continuity Irish Republican Army 11. Gama’a al-Islamiyya (Islamic Group) 12. HAMAS (Islamic Resistance Movement) 13. Harakat ul-Mujahidin (HUM) 14. Hizballah (Party of God) 15. Islamic Jihad Group 16. Islamic Movement of Uzbekistan (IMU) 17. Jaish-e-Mohammed (JEM) (Army of Mohammed) 18. Jemaah Islamiya organization (JI) 19. al-Jihad (Egyptian Islamic Jihad) 20. Kahane Chai (Kach) 21. Kongra-Gel (KGK, formerly Kurdistan Workers' Party, PKK, KADEK) 22. Lashkar-e Tayyiba (LT) (Army of the Righteous) 23. Lashkar i Jhangvi 24. Liberation Tigers of Tamil Eelam (LTTE) 25. Libyan Islamic Fighting Group (LIFG) 26. Moroccan Islamic Combatant Group (GICM) 27. Mujahedin-e Khalq Organization (MEK) 28. National Liberation Army (ELN) 29. Palestine Liberation Front (PLF) 30. Palestinian Islamic Jihad (PIJ) 31. Popular Front for the Liberation of Palestine (PFLF) 32. PFLP-General Command (PFLP-GC) 33. al-Qa’ida 34. Real IRA 35. Revolutionary Armed Forces of Colombia (FARC) 36. Revolutionary Nuclei (formerly ELA) 37. Revolutionary Organization 17 November 38. Revolutionary People’s Liberation Party/Front (DHKP/C) 39. Salafist Group for Call and Combat (GSPC) 40. Shining Path (Sendero Luminoso, SL) 41. Tanzim Qa'idat al-Jihad fi Bilad al-Rafidayn (QJBR) (al-Qaida in Iraq) (formerly Jama'at al-

Tawhid wa'al-Jihad, JTJ, al-Zarqawi Network) 42. United Self-Defense Forces of Colombia (AUC)

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OHIO DEPARTMENT OF PUBLIC SAFETY Division of Homeland Security

U.S. Department of State Terrorist Exclusion List

1. Afghan Support Committee (a.k.a. Ahya ul Turas; a.k.a. Jamiat Ayat-ur-Rhas al Islamia; a.k.a. Jamiat Ihya ul Turath al Islamia; a.k.a. Lajnat el Masa Eidatul Afghania)

2. Al Taqwa Trade, Property and Industry Company Ltd. (f.k.a. Al Taqwa Trade, Property and Industry; f.k.a. Al Taqwa Trade, Property and Industry Establishment; f.k.a. Himmat Establishment; a.k.a. Waldenberg, AG)

3. Al-Hamati Sweets Bakeries 4. Al-Ittihad al-Islami (AIAI) 5. Al-Manar 6. Al-Ma’unah 7. Al-Nur Honey Center 8. Al-Rashid Trust 9. Al-Shifa Honey Press for Industry and Commerce 10. Al-Wafa al-Igatha al-Islamia (a.k.a. Wafa Humanitarian Organization; a.k.a. Al Wafa; a.k.a. Al

Wafa Organization) 11. Alex Boncayao Brigade (ABB) 12. Anarchist Faction for Overthrow 13. Army for the Liberation of Rwanda (ALIR) (a.k.a. Interahamwe, Former Armed Forces (EX-

FAR)) 14. Asbat al-Ansar 15. Babbar Khalsa International 16. Bank Al Taqwa Ltd. (a.k.a. Al Taqwa Bank; a.k.a. Bank Al Taqwa) 17. Black Star 18. Communist Party of Nepal (Maoist) (a.k.a. CPN(M); a.k.a. the United Revolutionary People’s

Council, a.k.a. the People’s Liberation Army of Nepal) 19. Continuity Irish Republican Army (CIRA) (a.k.a. Continuity Army Council) 20. Darkazanli Company 21. Dhamat Houmet Daawa Salafia (a.k.a. Group Protectors of Salafist Preaching; a.k.a. Houmat

Ed Daawa Es Salifiya; a.k.a. Katibat El Ahoual; a.k.a. Protectors of the Salafist Predication; a.k.a. El-Ahoual Battalion; a.k.a. Katibat El Ahouel; a.k.a. Houmate Ed-Daawa Es-Salafia; a.k.a. the Horror Squadron; a.k.a. Djamaat Houmat Eddawa Essalafia; a.k.a. Djamaatt Houmat Ed Daawa Es Salafiya; a.k.a. Salafist Call Protectors; a.k.a. Djamaat Houmat Ed Daawa Es Salafiya; a.k.a. Houmate el Da’awaa es-Salafiyya; a.k.a. Protectors of the Salafist Call; a.k.a. Houmat ed-Daaoua es-Salafia; a.k.a. Group of Supporters of the Salafiste Trend; a.k.a. Group of Supporters of the Salafist Trend)

22. Eastern Turkistan Islamic Movement (a.k.a. Eastern Turkistan Islamic Party; a.k.a. ETIM; a.k.a. ETIP)

23. First of October Antifascist Resistance Group (GRAPO) (a.k.a. Grupo de Resistencia Anti-Fascista Premero De Octubre)

24. Harakat ul Jihad i Islami (HUJI) 25. International Sikh Youth Federation 26. Islamic Army of Aden 27. Islamic Renewal and Reform Organization 28. Jamiat al-Ta’awun al-Islamiyya 29. Jamiat ul-Mujahideen (JUM) 30. Japanese Red Army (JRA)

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OHIO DEPARTMENT OF PUBLIC SAFETY Division of Homeland Security

31. Jaysh-e-Mohammed 32. Jayshullah 33. Jerusalem Warriors 34. Lashkar-e-Tayyiba (LET) (a.k.a. Army of the Righteous) 35. Libyan Islamic Fighting Group 36. Loyalist Volunteer Force (LVF) 37. Makhtab al-Khidmat 38. Moroccan Islamic Combatant Group (a.k.a. GICM; a.k.a. Groupe Islamique Combattant

Marocain) 39. Nada Management Organization (f.k.a. Al Taqwa Management Organization SA) 40. New People’s Army (NPA) 41. Orange Volunteers (OV) 42. People Against Gangsterism and Drugs (PAGAD) 43. Red Brigades-Combatant Communist Party (BR-PCC) 44. Red Hand Defenders (RHD) 45. Revival of Islamic Heritage Society (Pakistan and Afghanistan offices -- Kuwait office not

designated) (a.k.a. Jamia Ihya ul Turath; a.k.a. Jamiat Ihia Al- Turath Al-Islamiya; a.k.a. Revival of Islamic Society Heritage on the African Continent)

46. Revolutionary Proletarian Nucleus 47. Revolutionary United Front (RUF) 48. Salafist Group for Call and Combat (GSPC) 49. The Allied Democratic Forces (ADF) 50. The Islamic International Brigade (a.k.a. International Battalion, a.k.a. Islamic Peacekeeping

International Brigade, a.k.a. Peacekeeping Battalion, a.k.a. The International Brigade, a.k.a. The Islamic Peacekeeping Army, a.k.a. The Islamic Peacekeeping Brigade)

51. The Lord’s Resistance Army (LRA) 52. The Pentagon Gang 53. The Riyadus-Salikhin Reconnaissance and Sabotage Battalion of Chechen Martyrs (a.k.a.

Riyadus-Salikhin Reconnaissance and Sabotage Battalion, a.k.a. Riyadh-as-Saliheen, a.k.a. the Sabotage and Military Surveillance Group of the Riyadh al-Salihin Martyrs, a.k.a. Riyadus Salikhin Reconnaissance and Sabotage Battalion of Shahids (Martyrs))

54. The Special Purpose Islamic Regiment (a.k.a. the Islamic Special Purpose Regiment, a.k.a. the al-Jihad-Fisi-Sabililah Special Islamic Regiment, a.k.a. Islamic Regiment of Special Meaning)

55. Tunisian Combat Group (a.k.a. GCT, a.k.a. Groupe Combattant Tunisien, a.k.a. Jama’a Combattante Tunisien, a.k.a. JCT; a.k.a. Tunisian Combatant Group)

56. Turkish Hizballah 57. Ulster Defense Association (a.k.a. Ulster Freedom Fighters) 58. Ummah Tameer E-Nau (UTN) (a.k.a. Foundation for Construction; a.k.a. Nation Building;

a.k.a. Reconstruction Foundation; a.k.a. Reconstruction of the Islamic Community; a.k.a. Reconstruction of the Muslim Ummah; a.k.a. Ummah Tameer I-Nau; a.k.a. Ummah Tameer E-Nau; a.k.a. Ummah Tameer-I-Pau)

59. Youssef M. Nada & Co. Gesellschaft M.B.H.

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U.S. Treasury Department’s Designated Charities and Potential Fundraising Front Organizations for FTOs

1. Makhtab al-Khidamat / Al Kifah (formerly U.S.-based, Pakistan) 2. Al Rashid Trust (Pakistan) 3. WAFA Humanitarian Organization (Pakistan, Saudi Arabia, Kuwait, United Arab Emirates) 4. Rabita Trust (Pakistan) 5. Ummah Tameer E-Nau (Pakistan) 6. Revival of Islamic Heritage Society - Pakistan and Afghanistan Branches (Kuwait, Afghanistan,

Pakistan) 7. Afghan Support Committee (Afghanistan, Pakistan) 8. Al Haramain Foundation (Indonesia, Kenya, Pakistan, Tanzania, Bosnia, Somalia, Bangladesh,

Afghanistan, Albania, Ethiopia, Netherlands, Comoros Islands, and United States branches) 9. Aid Organization of the Ulema (Pakistan) 10. Global Relief Foundation (United States) 11. Benevolence International Foundation (United States): 12. Benevolence International Fund (Canada) 13. Bosanska Idealna Futura (Bosnia) 14. Stichting Benevolence International Nederland (Netherlands) 15. Lajnat al Daawa al Islamiyya (Kuwait, Pakistan, Afghanistan) 16. Al Akhtar Trust (Pakistan) 17. Taibah International (Bosnia) 18. Al Haramain & Al Masjed Al Aqsa Charity Foundation (Bosnia) 19. Al Furqan (Bosnia) 20. Islamic African Relief Agency (IARA) / Islamic Relief Agency (ISRA) (Sudan, United States

and 40 other branches throughout the world) 21. The Holy Land Foundation for Relief and Development (United States) 22. Al Aqsa Foundation (United States, Europe, Pakistan, Yemen, South Africa) 23. Commité de Bienfaisance et de Secours aux Palestiniens (France) 24. Association de Secours Palestinien (Switzerland) 25. Interpal (Palestinian Relief & Development Fund) (United Kingdom) 26. Palestinian Association in Austria (Austria) 27. Sanibil Association for Relief and Development (Lebanon) 28. Elehssan Society (Palestinian territories) 29. Aleph (Aum Shinrikyo/Aum Supreme Truth) 30. Rabbi Meir David Kahane Memorial Fund (Kahane Chai and Kach) American Friends of the

United Yeshiva (Kahane Chai and Kach) American Friends of Yeshivat Rav Meir (Kahane Chai and Kach) Friends of the Jewish Idea Yeshiva (Kahane Chai and Kach)

31. Irish Republican Prisoners Welfare Association (Real IRA) 32. Socorro Popular Del Peru/People’s Aid of Peru (Sendero Luminoso/Shining Path)

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W-9 Request for TaxpayerIdentification Number and Certification

Form Give form to therequester. Do NOTsend to the IRS.

(Rev. November 1999)

Department of the TreasuryInternal Revenue Service

Ple

ase

prin

t or t

ype

Taxpayer Identification Number (TIN)Part IEnter your TIN in the appropriate box. Forindividuals, this is your social security number(SSN). However, if you are a resident alien OR asole proprietor, see the instructions on page 2.

Social security number

Part 11For other entities, it is your employer For Payees Exempt From BackupWithholding (See the instructionson page 2.)

ORidentification number (EIN). If you do not have anumber, see How to get a TIN on page 2.Note: If the account is in more than one name,

Employer identification number

see the chart on page 2 for guidelines on whosenumber to enter.

Part III CertificationUnder penalties of perjury, I certify that:1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and

2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the InternalRevenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS hasnotified me that I am no longer subject to backup withholding.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backupwithholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirementarrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you mustprovide your correct TIN. (See the instructions on page 2.)

SignHere DateSignature

Purpose of form. A person who isrequired to file an information return withthe IRS must get your correct taxpayeridentification number (TIN) to report, forexample, income paid to you, real estatetransactions, mortgage interest you paid,acquisition or abandonment of securedproperty, cancellation of debt, orcontributions you made to an IRA.

What is backup withholding? Personsmaking certain payments to you mustwithhold and pay to the IRS 31 % of suchpayments under certain conditions. This iscalled ''backup withholding.'' Paymentsthat may be subject to backup withholdinginclude interest, dividends, broker andbarter exchange transactions, rents,royalties, nonemployee pay, and certainpayments from fishing boat operators. Realestate transactions are not subject tobackup withholding.

5. You do not certify to the requesterthat you are not subject to backupwithholding under 3 above (for reportableinterest and dividend accounts openedafter 1983 only).

Certain payees and payments areexempt from backup withholding. See thePart 11 instructions and the separateInstructions for the Requester of FormW-9.Use Form W-9, if you are a U.S. person

(including a resident alien), to give yourcorrect TIN to the person requesting it (therequester) and, when applicable, to:

PenaltiesIf you give the requester your correct

TIN, make the proper certifications, andreport all your taxable interest anddividends on your tax return, paymentsyou receive will not be subject to backupwithholding. Payments you receive will besubject to backup withholding if:

Failure to furnish TIN. If you fail to furnishyour correct TIN to a requester, you aresubject to a penalty of $50 for each suchfailure unless your failure is due toreasonable cause and not to willful neglect.

1. Certify the TIN you are giving iscorrect (or you are waiting for a number tobe issued),

2. Certify you are not subject to backupwithholding, or Civil penalty for false information with

respect to withholding. If you make afalse statement with no reasonable basisthat results in no backup withholding, youare subject to a $500 penalty.

3. Claim exemption from backupwithholding if you are an exempt payee.

1. You do not furnish your TIN to therequester, or

If you are a foreign person, IRS prefersyou use a Form W-8 (certificate of foreignstatus). After December 31, 2000, foreignpersons must use an appropriate Form

2. You do not certify your TIN whenrequired (see the Part III instructions onpage 2 for details), or

Criminal penalty for falsifyinginformation. Willfully falsifyingcertifications or affirmations may subjectyou to criminal penalties including finesand/or imprisonment.

3. The IRS tells the requester that youfurnished an incorrect TIN, or

W-8,Note: If a requester gives you a form otherthan Form W-9 to request your TIN, youmust use the requester's form if it issubstantially similar to this Form W-9.

4. The IRS tells you that you are subjectto backup withholding because you did notreport all your interest and dividends onyour tax return (for reportable interest and

Misuse of TINs. If the requester disclosesor uses TINs in violation of Federal law, therequester may be subject to civil andcriminal penalties.dividends only), or

Form W-9 (Rev, 11-99)Cat. No. 10231X

Name (If a joint account or you changed your name, see Specific Instructions on page 2.)

Business name, if different from above. (See Specific Instructions on page 2.)

PartnershipCorporationIndividual/Sole proprietorCheck appropriate box: OtherAddress (number, street, and apt. or suite no.)

City, state, and ZIP code

Requester's name and address (optional)

List account number(s) here (optional)

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Form W-9 (Rev. 11-99) Page 2

Specific Instructions Part II-For Payees Exempt FromBackup Withholding

persons who must file information returnswith the IRS to report interest, dividends,and certain other income paid to you,mortgage interest you paid, the acquisitionor abandonment of secured property,cancellation of debt, or contributions youmade to an IRA or MSA. The IRS uses thenumbers for identification purposes and tohelp verify the accuracy of your tax return.The IRS may also provide this informationto the Department of Justice for civil andcriminal litigation, and to cities, states, andthe District of Columbia to carry out theirtax laws.

Name. If you are an individual, you mustgenerally enter the name shown on yoursocial security card. However, if you havechanged your last name, for instance, dueto marriage, without informing the SocialSecurity Administration of the namechange, enter your first name, the lastname shown on your social security card,and your new last name.

Individuals (including sole proprietors) arenot exempt from backup withholding.Corporations are exempt from backupwithholding for certain payments, such asinterest and dividends. For moreinformation on exempt payees, see theseparate Instructions for the Requester ofForm W-9.

If you are exempt from backupwithholding, you should still complete thisform to avoid possible erroneous backupwithholding. Enter your correct TIN in Part1, write ''Exempt'' in Part 11, and sign anddate the form.

If the account is in joint names, list firstand then circle the name of the person orentity whose number you enter in Part I ofthe form. You must provide your TIN whether or

not you are required to file a tax return.Payers must generally withhold 31 % oftaxable interest, dividend, and certain otherpayments to a payee who does not give aTIN to a payer. Certain penalties may alsoapply.

Sole proprietor. You must enter yourindividual name as shown on your socialsecurity card. You may enter yourbusiness, trade, or ''doing business as''name on the business name line.

If you are a nonresident alien or a foreignentity not subject to backup withholding,give the requester a completed Form W-8(certification of foreign status).

Other entities. Enter your businessname as shown on required Federal taxdocuments. This name should match thename shown on the charter or other legaldocument creating the entity. You mayenter any business, trade, or ''doingbusiness as'' name on the business nameline.

Part III-Certification What Name and Number ToGive the RequesterFor a joint account, only the person whose

TIN is shown in Part I should sign (whenrequired). For this type of account: Give name and SSN of-

1. Interest, dividend, and barterexchange accounts opened before 1984and broker accounts considered activeduring 1983. You must give your correctTIN, but you do not have to sign thecertification.

1. Individual The individual2. Two or more The actual owner of the

individuals (joint account or, if combinedPart I-Taxpayer Identification Number funds, the first individualaccount)

on the account I(TIN)The minor I3. Custodian account of

You must enter your TIN in the appropriatebox. If you are a resident alien and you donot have and are not eligible to get anSSN, your TIN is your IRS individualtaxpayer identification number (ITIN). Enterit in the social security number box. If youdo not have an [TIN, see How to get aTIN below.

a minor (Uniform Giftto Minors Act)2. Interest, dividend, broker, and

barter exchange accounts opened after1983 and broker accounts consideredinactive during 1983. You must sign thecertification or backup withholding willapply. If you are subject to backupwithholding and you are merely providingyour correct TIN to the requester, you mustcross out item 2 in the certification beforesigning the form.

The grantor-trustee I4. a. The usualrevocable savingstrust (grantor isalso trustee)

The actual owner 1b. So-called trustaccount that is nota legal or valid trustunder state law

The owner I5. Sole proprietorshipIf you are a sole proprietor and you havean EIN, you may enter either your SSN orEIN. However, using your EIN may result inunnecessary notices to the requester.

For this type of account: Give name and EIN of:

3. Real estate transactions. You mustsign the certification. You may cross outitem 2 of the certification.

The owner I6. Sole proprietorshipLegal entity I7. A valid trust, estate, orNote: See the chart on this page for further

clarification of name and TIN combinations.pension trust

The corporation8. Corporate4. Other payments. You must give your

correct TIN, but you do not have to signthe certification unless you have beennotified that you have previously given anincorrect TIN. ''Other payments'' includepayments made in the course of therequester's trade or business for rents,royalties, goods (other than bills formerchandise), medical and health care

The organizationHow to get a TIN. If you do not have aTIN, apply for one immediately. To applyfor an SSN, get Form SS-5, Application fora Social Security Card, from your localSocial Security Administration office. GetForm W-7, Application for IRS IndividualTaxpayer Identification Number, to applyfor an ITIN or Form SS-4, Application forEmployer Identification Number, to applyfor an EIN. You can get Forms W-7 and

9. Association, club,religious, charitable,educational, or othertax-exemptorganization

10. Partnership The partnershipThe broker or nominee11. A broker or registered

nominee12. Account with the The public entity

Department ofAgriculture in the name

services (including payments to of a public entity (suchcorporations), payments to a nonemployeefor services, payments to certain fishingboat crew members and fishermen, andgross proceeds paid to attorneys (includingpayments to corporations).

as a state or localSS-4 from the IRS by calling government, school1-800-TAX-FORM (1-800-829-3676) orfrom the IRS's Internet Web Site atwww.irs.gov.

district, or prison) thatreceives agriculturalprogram payments

I List first and circle the name of the person whosenumber you furnish. If only one person on a jointaccount has an SSN, that person's number must befurnished.

If you do not have a TIN, write ''AppliedFor'' in the space for the TIN, sign anddate the form, and give it to the requester.For interest and dividend payments, andcertain payments made with respect toreadily tradable instruments, generally youwill have 60 days to get a TIN and give itto the requester. Other payments aresubject to backup withholding.

5. Mortgage interest paid by you,acquisition or abandonment of securedproperty, cancellation of debt, qualifiedstate tuition program payments, IRA orMSA contributions or distributions, andpension distributions. You must give yourcorrect TIN, but you do not have to signthe certification.

'Circle the minor's name and furnish the minor's SSN-

'You must show your individual name, but you may alsoenter your business or ''doing business as'' name. Youmay use either your SSN or EIN (if you have one).

' List first and circle the name of the legal trust, estate,or pension trust. (Do not furnish the TIN of the personalrepresentative or trustee unless the legal entity itself isnot designated in the account title.)Note: Writing ''Applied For'' means that

you have already applied for a TIN OR thatyou intend to apply for one soon.

Privacy Act NoticeSection 6109 of the Internal Revenue Coderequires you to give your correct TIN to

Note: If no name is circled when more than onename is listed, the number will be considered tobe that of the first name listed.