Item: Sole Source iPad Resolution for D.C. Virgo Preparatory

APPENDIX W
Item: Sole Source iPad Resolution for D.C. Virgo Preparatory
Academy
Dept.: Technology
Background/Historical Context: RttT requires a bidding process and
therefore use of state contract is not allowed. This process has been
followed to meet RttT requirements.
Recommendation: Purchase iPad 2 devices, iPad cart, Macbook,
Macbook Protection Plan and Apple TVs through Apple Inc., for
D.C. Virgo Preparatory Academy.
Rationale For Recommendation: This purchase allows new
opportunities for growth in education through technology and
supports the utilization of 21st Century Technology.
Short and Long Term Impact:
Supporting Documentation: Resolution Authorizing the Purchase of
Apple Products for D.C. Virgo Preparatory Academy, Sole Source
Letter, Quote, Requisition
Board Action:
_____ Recommendation Accepted
_____ Recommendation Rejected
_____ Tabled for Further Study
_____ Other
Resolution Authorizing the Purchase of
Apple Products
For
D.C. Virgo Preparatory Academy
Whereas, New Hanover County School system, desires to purchase with RttT funds for D.C. Virgo
Preparatory Academy, Apple Products consisting of iPad 2 devices, Apple iPad Cart,
Macbook, Macbook Protection Plan, and Apple TVs.
Whereas, the Apple, Inc products will provide D.C. Virgo Preparatory Academy with new opportunities for
growth in education through technology.
Whereas, North Carolina General Statutes 143-129(e)(6) authorizes local governments to purchase from
a sole source “when a needed product is available from only one source of supply”, and
Whereas, Apple, Inc. is the “sole source” for the iPad 2 devices, Apple iPad Learning Lab, Macbooks and
Apple TV and has submitted a proposal to furnish a total of one hundred-thirty (130) iPad 2
devices, one (1) Apple iPad Cart, one (1) MacBook, one (1) Macbook Protection Plan, and
seven (7) Apple TVs.
Whereas, New Hanover County School System has sufficient funds for this acquisition from budget code
3.6401.156.462.000.000.00
Therefore, Be It Herein Resolved, that the sole source purchase be entered into with Apple, Inc. in
accordance with the sole source provision in N.C.G.S.143-129(e)(6) in the amount of
$57,343.47.
____________________________________________________
Signature: New Hanover County Board of Education, Chairman
________________________
Date
February 17, 2011
Linda Bullard
New Hanover County School District
6410 Carolina Beach Road
Wilmington, NC 28412
RE: Apple’s Sole Source Letter
Dear Mrs. Bullard: Apple Inc. (“Apple”) is, and will continue to be, the sole source of Apple and Macintosh branded hardware and software products to you. An Apple or Macintosh branded product is one manufactured or sold by Apple with the Apple logo. In general, Authorized Apple Resellers are not authorized to sell standard Apple hardware and software products to public and private nonproUit educational institutions in the United States, including yours. Exceptions exist, however, including the following: (1) Apple does authorize certain Value Added Resellers (“VARs”) to sell standard Apple products to educational institutions if those products are combined with proprietary, added enhancement “Solutions Systems”; (2) a few resellers are allowed to sell consumables (toner cartridges, for example) to educational institutions; and (3) under very limited circumstances, Apple authorized resellers may be permitted to sell a limited amount of product, usually at the end of the product’s commercial life, to education customers. Additionally, a few Authorized Apple Education Agents (“Agents”) are allowed to act on behalf of Apple to promote the purchase of Apple products from Apple by select higher education institutions and K-­‐12 schools. In all such cases, the resellers are responsible for establishing their own resale prices. Apple is not involved in their pricing decisions. While the use of Agents and VARs allows Apple to extend its presence in the education community, it does not affect Apple’s status as your sole source of Apple products.
In your case, Apple will continue to have a direct sales and purchasing relationship. Apple has no present intention to utilize agents, and has not authorized any reseller to provide Apple products and services to you. Please be reminded that with the few exceptions noted above, Apple authorized resellers are prohibited from selling in the education market by the terms of their contracts with Apple. The sale of products into these markets by anyone other than Apple, generally cannot occur unless an Apple reseller has breached its contract with Apple. You can count on Apple to continue to be your sole source for all of the Apple branded products and services that you purchase in the ordinary course of your product acquisition.
Sincerely,
Tina Dye
Inside Regional Manager
Apple Inc.
1 InUinite Loop
Quote Template
5/2/12 2:41 PM
Apple Inc. Education Price Quote
Customer:
Dawn Brinson
NEW HANOVER COUNTY SCHOOLS
9107635431 phone
[email protected] email
9102544159 9102544159
Apple Quote:
Quote Date:
Quote Valid Until:
2200002846
Earl Proeger
12545 Riata Vista Circle
MS: 198-9IES
Austin, TX 78727-6524
512-6746994 ph
866-845-2999 fax
[email protected] email
Apple Inc:
2-May-2012
20-May-2012
Quote Comments:
Part
Number
Details & Comments
1
BG713LL/A
Apple iPad Learning Lab (with 10 iPad 2 devices)
2
BG701LL/A
iPad 2 16GB with Wi-Fi - Black (10-pack)
3
Qty
Unit List Price
1
6299.00
6299.00
12
3790.00
45480.00
MC968LL/A MacBook Air 11" 64GB
1.6GHz Dual-Core Intel Core i5
2GB 1333MHz DDR3 SDRAM
64GB Flash Storage
Keyboard (English) / User's Guide
1
949.00
949.00
4
S3130LL/A
1
183.00
183.00
5
MD199LL/A Apple TV
7
99.00
693.00
AppleCare Protection Plan for MacBook - Auto
Enroll
Edu List Price Total
- eWaste Fee / Recycling
Fee
- Estimated Sales Tax
Extended List Price
53,604.00
0.00
3739.47
Extended Total Price*
57,343.47
*In most cases Extended discounted Total price does not include Sales Tax
*If applicable, eWaste/Recycling Fees are included. Standard shipping is
complimentary
Completing your order is easy:
*Reference Apple Quote number 2200002846 on your Purchase Order
*Fax a copy of this quote along with your Purchase Order to 866-845-2999:
Apple Inc.
12545 Riata Vista Circle
MS: 198-9IES
Austin, TX 78727-6524
THIS IS A QUOTE FOR THE SALE OF PRODUCTS OR SERVICES. YOUR USE OF THIS QUOTE IS SUBJECT TO THE FOLLOWING PROVISIONS:
A. ANY ORDER THAT YOU PLACE IN RESPONSE TO THIS QUOTE WILL BE GOVERNED BY (1) ANY CONTRACT IN EFFECT BETWEEN APPLE INC. ("APPLE") AND YOU AT THE TIME YOU
PLACE THE ORDER OR (2), IF YOU DO NOT HAVE A CONTRACT IN EFFECT WITH APPLE CLICK HERE TO APPLY FOR A CONTRACT.
B. IF YOU USE YOUR FORM OF PURCHASE ORDER TO PLACE AN ORDER IN RESPONSE TO THIS QUOTE, APPLE REJECTS ANY TERMS SET OUT ON THE PURCHASE ORDER THAT ARE
INCONSISTENT WITH OR IN ADDITION TO THE TERMS OF YOUR AGREEMENT WITH APPLE.
C. YOUR ORDER MUST REFER SPECIFICALLY TO THIS QUOTE AND IS SUBJECT TO APPLE'S ACCEPTANCE.
D. UNLESS THIS QUOTE SPECIFIES OTHERWISE, IT REMAINS IN EFFECT UNTIL 20-May-2012 UNLESS APPLE WITHDRAWS IT BEFORE YOU PLACE AN ORDER, BY SENDING NOTICE OF
ITS INTENTION TO WITHDRAW THE QUOTE TO YOUR ADDRESS SET OUT IN THE QUOTE. APPLE MAY MODIFY ANY PROVISION OF THIS QUOTE, OR CANCEL ANY ORDER YOU
http://mysales.corp.apple.com/mySalesGlobal/faces/views/PrintQuote.jsp
Page 1 of 2
Quote Template
5/2/12 2:41 PM
ITS INTENTION TO WITHDRAW THE QUOTE TO YOUR ADDRESS SET OUT IN THE QUOTE. APPLE MAY MODIFY ANY PROVISION OF THIS QUOTE, OR CANCEL ANY ORDER YOU
PLACE PURSUANT TO THIS QUOTE, IF THIS QUOTE CONTAINS A TYPOGRAPHIC OR OTHER ERROR.
SEA #
Terms & Use | Privacy Policy | Terms & Conditions
Copyright © 2012 Apple Inc. All rights reserved.
Document rev 9.7
http://mysales.corp.apple.com/mySalesGlobal/faces/views/PrintQuote.jsp
Date of last revision -April 7th, 2012
Page 2 of 2
NEW HANOVER COUNTY SCHOOLS
REQUISITION FORM
Requisition #
9114475
numeric only-no more than 8 digits
FIELDS IN RED ARE REQUIRED
Originator:
Budget Code
example
3
6401
156
462
000
000
00
x
xxxx
xxx
xxx
xxx
xxx
xx
Technology
Approved By:
Teacher or
Department:
Dawn Brinson
Vendor:
Address:
Address:
Dawn Brinson
Requisition Date:
Date Required:
4/20/2012
Apple
City:
State:
Zip
Telephone:
Fax
telephone/fax required if new vendor
Instructions: Submit this form as an attachment to the vendor order address for the Purchasing contact for your school or dept. saved as file name matching
assigned requisition #. Each school or department must assign their own numerical (no alpha-numeric) requisition number, not to exceed eight characters. If
offered, discount must be shown for each item. Key % under Discount (%) or negative dollar amount under Discount ($), for example -15.00. NHCS is not tax
exempt for the purchase of goods and must pay NC sales tax, if vendor does not charge NC sales tax, the amount of tax due will be paid by NHCS directly to the
DOR. If shipping is <or> than 10% key in actual amount. If additional lines are needed use Second Sheet-total of second sheet(s) will total on this form in field
indicated.
Vendor Item #
Qty
Unit Price
Description
Unit
Discount
Enter %
Discount Key
dollar amount Unit Price (after
discount)
as negative (-)
Extended Price
1
Apple iPad learning lab with 10 ipad 2
BG713LL/A devices
6,299.00
0.0%
-
6,299.00
6,299.00
12
BG701LL/A iPad 2 16GB with Wi-Fi Black (10 pak)
3,790.00
0.0%
-
3,790.00
45,480.00
1
MC968LL/A MacBook Air 11"
AppleCare Protection plan for
S3130LL/A macbook air
MD1999LL/
A
Apple TV
949.00
0.0%
-
949.00
949.00
183.00
0.0%
-
183.00
183.00
99.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
-
99.00
-
693.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
53,604.00
1
7
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Total second sheets
10% Shipping
0.00
1
Insert the number 1 inside above blue
box if no shipping
Subtotal w/shipping
53,604.00
7% Sales Tax
3739.47
Insert the number 1 inside
above blue box if no sales
tax
Notes or Special Instructions:
Subtotal
Total
57,343.47