11-Specifitations and Requirements for Fortinet Hardware, Software and Servies.pdf

SPECIFICATIONS AND REQUIREMENTS

Fortinet Hardware, Software, and Services

1. Scope: The County seeks to procure Fortinet support and subscription services, hardware, software, Enterprise Agreements, and training. The award of the solicitation shall identify the lowest priced, responsive and responsible vendor.

The County shall periodically request quotations from the awarded vendor (“Contractor”).

The quotations provided shall be electronic and valid for at least 30 calendar days.

Quotations shall contain a reference number. The County may request quotations for the sole purpose of determining budgetary planning. Upon approval by the County of a quotation, orders will dispatch to the Contractor by means of a purchase order or other purchasing documentation, which may include use of a credit card (P-card”). The County requires the Contractor to maintain a general-purpose email address for receipt of purchase orders.

The Contractor shall work in conjunction with Fortinet to process annual support renewals and submit the associated invoicing to the County for payment. The Contractor shall assist in relevant annual true-up activities as per support renewals and Enterprise Agreements. The Contractor shall process orders for Fortinet products only to Fortinet, or the Fortinet-authorized distributor, and shall process all orders no later than five (5) business days after receipt of appropriate order.

2. Fortinet Enterprise Agreements, Multi-Year: The County may procure subscription and support agreements utilizing a suite of related product bundles by use of Enterprise Agreements, Deal IDs, or other terms of purchase approved by both the County and Fortinet (collectively, “Fortinet Approved Terms”). Contractors shall meet or exceed the minimum discount levels set forth in any Fortinet Approved Terms over the life of the applicable order or agreement. The Contractor and Fortinet will collaborate to build out and identify the applicable Fortinet Approved Terms (e.g., “Deal ID” provisions or the Enterprise Agreement).

The duration of Fortinet Approved Terms, and the associated order(s) may exceed the duration of the solicitation. If the named Contractor can no longer fulfill the responsibilities to service any Enterprise Agreement or other Fortinet Approved Terms, the County may name an alternate vendor for the remaining duration of the Enterprise Agreement or other Fortinet Approved Terms. In addition, the County may award any previously approved multi-year order to a substitute Contractor effective upon the anniversary date of renewal with the County providing at least 90 days’ written notice of intent to Fortinet, and subject to approval of the substitute Contractor.

3. Software Licenses: All Fortinet software provided shall utilize the terms of the applicable Fortinet General Terms:

Fortinet EULA.pdf Fortinet Service Offering Terms-v3.8 SD-Security-Fabric-Service-ELA-EA-v1-42.pdf SD-Basic-Support-Services-EnterpriseAgreementProgram.pdf https://www.fortinet.com/content/dam/fortinet/assets/legal/SD-BasicSupportServices-EnterpriseAgreementProgram.pdf https://www.fortinet.com/content/dam/fortinet/assets/legal/sd-security-fabric-service-ela-ea-v1-42.pdf https://www.fortinet.com/content/dam/fortinet/assets/legal/Fortinet-Service-Offering-Terms.pdf https://www.fortinet.com/content/dam/fortinet/assets/legal/EULA.pdf

Any other software requires advance written approval by the County's Contract Administrator and the Contractor's Account Representative of the applicable terms for the software. The applicable Fortinet General Terms for all Fortinet-branded software, including the applicable licensing terms and conditions and any Supplement Terms, shall be as set forth in the Customer Portal (as defined below), as may be updated from time to time by Fortinet, unless otherwise agreed by the parties in writing or expressly addressed in this contract. The applicable quotation or purchase order shall include the terms and conditions for any software identified other than Fortinet-branded software in the ordering document.

No purchase order for third party software shall be effective unless the quotation or County ordering document contains applicable license terms and conditions. The Contract Administrator shall review the applicable license terms of third-party software for negotiated acceptance. Software and components delivered or "bundled" as an integral part of equipment in the order remain part of the equipment for purposes of warranty services, unless otherwise expressly stated in the applicable purchase order or agreed by the parties in writing.

4. Requests for Approved Equals: No substitutions allowed. Any items delivered shall be the same product as per quotation and the County-issued purchase order or purchasing document.

5. Contractor Requirements: The Contractor must be an Integrator at the Fortinet awarded Expert level as an authorized Reseller for the Fortinet product line supplying hardware, software, subscriptions, support, Fortinet Authorized Training Centers (ATC) services, and associated product additions. The Contractor shall schedule, at a minimum, monthly one-hour meetings with the County specifically for discussion on open and pending items, new announcements, and general knowledge transfer. On a quarterly calendar year basis, the Contractor’s representatives shall communicate to the County information regarding technology roadmaps; facilitate engineering and process improvement discussions; discuss technology release bulletins, capital funding planning exercises, etc. The Contractor will not require nondisclosure agreements or other confidentiality agreements for these meetings or information sharing; applicable public records laws, including Chapter 119, Florida Statutes, prohibit the County from entering into a Non-Disclosure Agreement (NDA) for the purpose of these discussions.

a) Contractor Responsibility: The Contractor must meet all requirements as specified in the solicitation, deliver ordered products in a timely manner, and deliver ordered quantities to fulfill the contract requirements.

b) Contractor Capacity/Delivery: The Contractor must directly interface with the manufacturer for registry of all software, subscriptions, warranties, agreements, and support plans. The Contractor shall only utilize a Fortinet-authorized distributor identified under the Fortinet authorized distributor link (United States) Fortinet Partner Program | Directory or other method approved by the Contract Administrator.

c) Account Representative: The Contractor shall provide, throughout the term of the contract, a representative with the ability and authorization to quote, recommend, https://partnerportal.fortinet.com/directory/search?lob=Distributor&l=United+States&st=Florida https://partnerportal.fortinet.com/directory/search?lob=Distributor&l=United+States&st=Florida and resolve all account-related issues on behalf of the Contractor. Delivery of information by the Contractor's representatives shall provide the County with the information needed to make informed decisions surrounding strategy and futuristic planning. The Contractor shall work with Fortinet on behalf of the County to make available to the County any available training credits, including through the quotation process (if requested by the County), to the extent available to other purchasers or governmental entities.

d) Pre-Sales Support Representative: The Contractor shall make available a pre-sales account solutions representative to assist the County with identifying Fortinet solutions and consult on existing production software enhancements, new offerings, and quantities requested by the County or required to meet the County’s needs. Pre-sales staff must carry the architectural and solution specialization certifications stated herein in support of the County’s needs and architecture support with at least five (5) years of experience in the subject of Fortinet technology. At a minimum, Pre-Sales Support must hold certification as a Fortinet Network Security Expert (NSE). The Contractor’s pre-sales consultation services shall cover the following areas:

1. Architecture specializations: Secure Architecture Specialization, Threat Intelligence, and Advanced Enterprise Proactive Solutions.

2. Solution Specializations: AI-Ready Security Infrastructure Specialization, Secure Access Service Edge (SASE) Specialization, LAN Edge and SD-Branch Specialization, Adaptive Cloud Security, Cybersecurity Zero Trust Model Specialization.

6. Discount Calculation: The County may reference any available Fortinet United States MSRP price listing for verification of available Fortinet part numbers, nomenclature, and MSRP price to validate the discount rates for the award. The Contractor will provide, for each group, a minimum percentage discount off the Manufacturer’s Suggested Retail Price (MSRP), which percentage discount shall apply for that group for the life of the contract. Minimum percentage discounts utilize the nearest whole number (e.g., 70%). The Contractor may increase the minimum percentage discount off MSRP or lower the MSRP, resulting in a lower cost to the County, at any time during the contract term.

7. Sales Promotion/Price Reduction: If the Contractor or Fortinet offers any temporary special pricing or incentives during the contract period (e.g., seasonal, promotional, inventory reduction) either temporary or permanent, the Contractor shall facilitate reasonable steps to notify the County of special pricing or incentives opportunities available to the County under the contract terms. The County shall receive the full benefit of such reductions if greater than the discounts otherwise quoted or proposed by the Contractor pursuant to this solicitation.

8. Balance-of-Line Discounts and Competitive Pricing: The Contractor shall provide a fixed balance-of-line minimum percentage discount (i.e., discount off MSRP) for Fortinet-branded products not expressly listed in this solicitation. Balance-of-Line products must be verifiable by part number in the Fortinet MSRP price listing.

9. Quotes and Invoices: The County will request from the awarded Contractor a quotation containing the identified Fortinet part number, descriptive nomenclature, quantities requested, and any requested warranties or support plan. The quotation requests and the responsive quotations shall indicate the length of manufacturer warranties (if applicable) and any applicable licensing, subscriptions, and/or support plans. The time periods for support plans and subscriptions shall align and coincide with the County agency’s pre-existing annual subscription/support period (if any) for Fortinet-branded products. The Contractor shall provide a responsive price quotation no later than five (5) business days after receipt of the request from the County, indicating current MSRP, the applicable discount percentage (which must be no less than percent discount offered for this contract), and total price. Upon review and approval of the quotation, the County will issue a purchase order or other purchasing document. Upon full receipt and acceptance of the order, the County shall facilitate payment of the invoice received. The invoice shall be only for the total order for the applicable invoicing period (e.g., annual subscription); the County will not accept multiple invoicing for a single purchase order with the applicable invoicing period.

10. County Hours of Service: Normal business hours are from 8:00 a.m. to 5:00 p.m., Monday – Friday (Eastern). After hours are Monday through Sunday from 5:01 p.m. to 7:59 a.m.

(Eastern) and on weekends and County holidays.

11. Telephone and Email Support: The Contractor shall identify telephone, email, and Internet support that will be available during normal County business hours, and after hours for specific technical problems and questions; the provided support shall be either by the Contractor or Fortinet. Throughout the applicable warranty or support period for all purchased products, the Contractor shall provide a direct toll free, telephone technical support number (servicing any tiered support levels) to provide Fortinet support for the applicable products and equipment.

12. Dedicated Web Site: The Contractor shall provide the County with a dedicated website or URL ("Customer Portal"), which shall include, but not limited to, account catalog, quote creation, order status, purchase history, invoice copies, product shipment tracking, and equipment support links. Customer Portal will also provide the necessary links to directly view Fortinet Enterprise Contracts, and to download software updates, IOS and firmware updates, and Device Drivers that apply to any Fortinet product offered by Fortinet. The Customer Portal shall provide the County with the ability to retrieve warranty, support, and service call history information on any serial number. The Contractor shall ensure the registration of all the County’s purchases with Fortinet on behalf of the County, including to ensure the proper logging of the County’s purchases with Fortinet for warranty and support purposes.

13. Equipment Warranty: All equipment must include at least a ninety-day (90) warranty, unless otherwise specified in the applicable quotation or purchase order. In the event of notification by the County of the need for warranty service or remediation, the Contractor shall, at no charge to the County, promptly correct the warranty failure, either directly or by working with Fortinet, including, when required, replacement of the applicable equipment at no additional cost to the County. Upon notice of the County of any error or defect in the equipment, the Contractor, as an authorized warranty provider, will immediately make available to the County any known reasonable methods of operating the equipment in a manner that eliminates the adverse effects of the error or defect. Any replacement equipment will remain warranted for at least the remainder of the warranty period of the equipment replaced.

These remedies are in addition to any other rights and remedies the County may have under this contract or applicable law. If the Contractor is unable to correct a material warranty failure within a reasonable period of time (not to exceed ten (10) business days after notification from the County), the County may terminate the sale by written notice from its Contract Administrator, in which event the Contractor shall, within fifteen (15) calendar days, pick up the equipment at the Contractor's expense and reimburse all sums paid by the County under this contract or applicable purchase document for the equipment at issue, if any, and neither party shall have any further obligation to the other for the material failure.

a) The Contractor must utilize a manufacturer authorized repair specialist and must only use original equipment manufacturer (OEM) or manufacturer certified parts when servicing equipment. All repair and warranty work required of the Contractor shall include the manufacturer's return authorization number (RMA) or other proof from the manufacturer that all work performed was in accordance with the manufacturer's standards.

b) The Contractor will ensure that adequate stock levels exist to ensure timely delivery of any components that may require maintenance or repair within the applicable required response time. The Contractor agrees that its maintenance personnel hold appropriate certifications and possess suitable training in the operation of the equipment, and associated software and firmware. If, in the reasonable opinion of the County, the personnel provided are not acceptable, the Contractor agrees to provide suitable replacements.

14. Mass Warranty Replacement: For any equipment or portion thereof that exhibits a premature failure rate across a common platform of technology (regardless of the exhibition of, or lack of, symptoms across all affected inventory) ("Mass Defect"), the Contractor shall assist the County to process replacement orders for all such equipment or relevant portion of the equipment at no cost to the County. This replacement obligation for a Mass Defect includes but not limited to each of the following:

a. The same model of product lines shows a premature failure rate in an established;

b. The same model of power supply in the same generation of devices that shows a premature failure in an established pattern;

c. The same model of system board(s) in the same generation of devices that shows a premature failure in an established pattern;

d. An identified repetitive component failure of Fortinet equipment as publicly announced or determined by issuance of a recall notice.

The Contractor will provide prompt notice to the County of any publicly known Mass Defect applicable to some or all the equipment or portions thereof and identify all devices affected thereby. The Contractor shall provide the replacement equipment to the County withing sixty (60) calendar days from notice of the Mass Defect, unless otherwise agreed by the parties in writing.

15. End of Sale Warranty: During the term of this contract, the Contractor represents and warrants that, except as previously disclosed to the County in writing, the Fortinet-branded equipment will not reach discontinuation, or become subject to end of sale ("EOS") or end of life (“EOL”), within 75 calendar days after sale to the County. The Contractor shall provide the County notice of any known EOS and EOL, as applicable, in any applicable quotation request, and shall provide the County with notice of any upcoming EOS or EOL for previously ordered products at least six (6) months prior to the EOS and one (1) year before the EOL (the longer of such time periods being the "Prior Notification Window" or "PNW") via email (or by other written form as approved by the County).

16. End of Sale/Life Warranty Breach: If the Contractor fails to comply with the EOS/EOL warranty stated above for any Fortinet-Branded equipment sold to the County under this contract, the Contractor shall provide, at the County's request and at no additional cost to the County, complete unit replacement of equipment, if elected by the County, of any equipment that the County purchased during the Prior Notification Window for which the Contractor failed to comply with the notice obligations. The replacement equipment, inclusive of its operational software components, shall conform to a recommended direct model replacement of equal or greater value while retaining all other technical requirements and specifications contained in the applicable documentation for the equipment, unless otherwise agreed by the parties.

17. Ownership: The Contractor represents and warrants the authenticity of Fortinet-branded equipment sold to the County under this contract. For any software or equipment provided under this contract, the Contractor represents and warrants it is an authorized reseller and has the right to grant to the County the rights and the licenses under this contract, and it has not knowingly granted rights or licenses to any other person or entity that would restrict rights and licenses granted hereunder, except as may be expressly stated herein.

18. Installation: The County may elect by quotation and associated purchase order to have a subset, or all, of the applicable equipment in any order installed by the Contractor.

Installation must be consistent with the procedures described in the applicable product manual and must conform to the installation procedures or specifications provided by the County at the time of installation, unless otherwise stated in the applicable purchase order.

The Contractor shall obtain written signoff by the County upon final completion of installation, subject to the preapproved pass/fail criteria established by County.

Installation must occur during normal County business hours. No installation shall occur during non-business hours unless otherwise agreed by the parties in writing prior to scheduling activities. Installers must be fully competent and certified, to the extent applicable, in the installation and operation of the equipment provided. If determined by the County that an installer does not meet the qualifications as fully competent, the County reserves the discretionary right to have the Contractor provide another qualified installer. If the Contractor cannot provide a fully competent installer for the equipment, then County may cancel the order at issue and receive a full refund of any amounts paid.

19. Seed Unit or Proof of Concept Trials: The County may from time to time consider a change or modification to one or more of the previously purchased equipment models and request sample equipment ("Seed Equipment") from a newly released line of products to test and verify suitability. The Contractor, in conjunction with Fortinet, shall provide the requested Seed Equipment under this contract subject to the provisions stated herein, provided that for certain product categories, the Contract Administrator and the Contractor's designated representative may agree in writing (including via electronic mail) to modify the terms of the evaluation, including time limitations for evaluation, and return of the equipment after the evaluation is completed. The County shall not incur any payment obligation for any Seed Equipment in connection with this evaluation. The applicable minimum warranty terms and the warranty period for any Seed Equipment shall default to factory standards. Only the Contract Administrator, or their written designee, may request Seed Equipment. Unless otherwise agreed by the parties, the County shall not request Seed Equipment more often than quarterly per County fiscal year (excluding any Contractor-initiated substitutions to end-of-sale configurations).

20. Limitations On Use of Seed Equipment: The County shall use the Seed Equipment only for evaluation or internal conceptual business use during an agreed upon timeframe of testing.

The County shall not use the Seed Equipment for any other purpose. The Contractor shall provide the Seed Equipment as set forth in the applicable zero-dollar purchase order referencing the applicable Contractor quote number.

21. Standard Templated Device Models: The County and the Contractor may agree to declare a specific device model as a standard templated configuration at a greater than minimum fixed discount for high volume and multiple orders. If the Contractor can no longer provide this standard templated configuration product during the term of this contract, the Contractor will offer a substitute item of equal, or greater specifications for any affected item. The Contractor must notify the County in writing at least seventy-five (75) calendar days prior to the date any part listed reaches “end-of-sale” or becomes publicly announced for discontinuation or withdrawal from general "open market" availability. The notice must detail the substitution item offered by the Contractor and the specific line-item for which the substitution applies. The discount provided to the County for any substitute item must meet or exceed the discount level of the replaced item. The County may reject any item offered as a substitute and require that the Contractor propose another substitute. At the County's request, the Contractor will supply a sample of the substitution item, at no cost to the County, for review, inspection, and testing. After a period of sufficient time for such review, inspection and testing which shall in no event be less than thirty calendar (30) days, the Contractor may retrieve the samples after written notice to the County.

22. Delivery: The Contractor shall deliver all purchased equipment by common carrier to the County during business hours within thirty (30) calendar days after the date of the applicable purchase order, unless otherwise agreed in writing by the parties, at the address and office identified within the applicable purchase order. Delivery will include registration on behalf of the County and access by the County to the applicable subscription assignments, licensing, equipment, or other purchases as indicated in the purchase order on the Customer Portal.

Delivery shall include “inside delivery” with lift gate services, with Free on Board (FOB) destination, as well as assembly and installation including all actions necessary to integrate the equipment into the County’s existing system (if ordered), which shall be the responsibility of the Contractor, except to the extent (if any) of a deviation expressly provided in writing by the County. The title of ownership passes to the County only upon delivery and signature acknowledging transfer to the County.

23. Delivery Delays: If circumstances beyond the control of the Contractor result in a late delivery, the Contractor holds the responsibility and obligation to notify the agency contact listed on the purchase order, in writing, immediately upon determining the delay of shipment. The written notification (electronic or otherwise) shall indicate the newly estimated delivery date. The County shall have the right to cancel the order in whole or in part, at its sole discretion, without obligation to pay any amount in connection with the cancelled order, or portion thereof for orders with delayed delivery beyond the specified 30 calendar days for delivery.

24. Acceptance: The County retains the right to refuse delivery of any equipment with damaged packaging. The Contractor must attach all packing slips to the outside of each shipment;

failure to provide a packing slip attached to the outside of shipment may result in refusal of shipment at the Contractor's expense. Packing slips must reference the applicable purchase order number, a complete listing of items delivered, serial numbers of all items delivered, and a listing of all back-ordered items.

25. Replacement Deliveries: Any product supplied under this contract that arrives inoperable shall be, upon notice, to the Contractor by the County, replaced by the Contractor with a new product identical to that ordered. Completion of delivery for replacement product shall occur by the Contractor within ten (10) business days after notification by the County.

26. Return Rights: Under conditions of non-conformance or for incorrect product selection, the County may elect to return an order in whole or in part, within thirty (30) calendar days after receipt of equipment. Returns shall be processed at no cost to the County, and the Contractor shall cancel or credit any payment due.

27. Emergency Orders: The Contractor shall provide emergency contact information for preparing high priority orders of equipment herein requested under the terms and specifications of this contract. During such time as a declaration of emergency by the Federal, state or county government(s) for the local geographic area serving this contract, the Contractor shall make staffing available as required for order processing and provide an elevated priority to factory order creation and shipping per specifications. The Contractor will be prepared to process such orders under disaster and post recovery situations where the County established procurement processes may revert to manual operations.

4. Requests for Approved Equals: No substitutions allowed. Any items delivered shall be the same product as per quotation and the County-issued purchase order or purchasing document.