CISCO_SWITCHES_AND_INSTALL_SOLICITATION.pdf

SOLICITATION, OFFER AND AWARD 11 THIS CONTRACT IS A RATED ORDER ~ [RATING IPA~E OF PAGES

UNDER DPAS (15 CFR 7900) I 31

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBERo SEALEDBID (IFB)

15- 12242014 IRI NEGOTIATED(RFP) 12/24/2014 PO#

7. ISSUED BY CODEI 18. ADDRESS OFFER TO (If other than item 7)

Facilities Management, United States Tax Court, G-45 400 Second Street, N.W. Washington, D.C. 20217

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidde('.

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in i1em 8, or jf hand carried, in the depository located in until local time -- (Hour) (Dale)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215.1. All offers are subject to all terms and conditions contained in this solicitation

10. FOR

A NAME B. TELEPHONE (NO COLLECT CALLS) C, E~MAIL ADDRESS

INFORMATION AREA CODE I~UMBER IEXT.

CALL: Robert Di Trolio, Clerk of the Court 202 5214600 rditrolio@ustaxcourt.gov

11. TABLE OF CONTENTS

(X) I SEC. I DESCRIPTION I PAGElS) IX) I SEC. I DESCRIPTION IPAGEIS)

PART I ~THE SCHEDULE PART II ~CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 xl I [CONTRACT CLAUSES U1-13 X B SUPPLIES OR SERVICES AND PRICES/COSTS 81 PART 1lI- LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

X C DESCRIPTION/SPECS.fWORK STATEMENT C1-C6 I J [UST OF ATTACHMENTS IN/A x 0 PACKAGING AND MARKING D1 PART IV ~ REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE E1-E2 REPRESENTATIONS, CERTIFICATIONS AND OTHER

K1-K6X Kx F DELIVERIES OR PERFORMANCE F1 STATEMENTS OF OFFERORS

X G CONTRACT ADMINISTRATION DATA G1-G2 X L INSTRS., CONDS" AND NOTICES TO OFFERORS L1-L3

X H SPECIAL CONTRACT REQUIREMENTS H1 X M EVALUATION FACTORS FOR AWARD M1-M3

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214~16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different pen.od is inserled by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

10 CALENDAR DAYS (%)120 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) I CALENDAR DAYS(%) (See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the SOLICITA nON for offerors and related documents numbered and dated):

CODE I I FACILITY I 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

15A. NAME AND (Type or print)

ADDRESS

OF OFFER~

OR

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS IS 17. SIGNATURE 18. OFFER DATE AREA CODE rUMBER IEXT. 0 DIFFERENT FROM ABOVE ~ ENTER SUCH

ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS 120. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOVVN INo 10 U.S.C. 2304 (c) 0 41 U.S.C. 253 (c) (4 copies unless otherwise specified)

24. ADMINISTERED BY (If other than Item 7) 25. PAYMENT WILL BE MADE BY

~ I~~M CODE IACH Payment

26. NAME OF CONTRACTING OFFICER (Type or print)

United States Tax Court Facilities (Procurement Section) Management, Room, G-45 400 Second Street, N.W., Washington, D.C. 20217

27. UNITED STATES OF AMERICA 28, AWARD DATE

STANDARD FORM 33 (REV, 9-97)

Prescribed by GSA - Far (48 CFR) 53.214 (clI .;:It;

(Signature of Contracting Officer) IMPORTANT. Award Will be made on thiS Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable mailto:rditrolio@ustaxcourt.gov

PART I

SECTIONB

PRODUCTS, SERVICES, AND COSTS

B.1. INTRODUCTION

The United States Tax Court is a national court. Tax Court judges travel to and conduct trial sessions in cities throughout the United States. The offeror proposes to sell to the Tax Court the products listed in section C.l (Products) and to perform the related configuration and installation services described in Section C.3 (Statement of Work: Services) for the total fee set forth in Section B.2 (Cost), on a fixed-rate basis.

This best value solicitation incorporates one or more provisions and/or clauses by reference, with the same force and effect as if they were given in full text. The parties agree to abide by the specified provisions and clauses of the Guide to Judiciary Policy, Volume 14:

Procurement, formerly known as the Judiciary Procurement Program Procedures. The full text of a provision or clause may be found at Appendix lB of Volume 14, available electronically at http://www.uscourts.gov/procurement.aspx. Upon request, the Contracting Officer will make their full text available. Hereinafter, all references to the "Court", the "Judiciary" or the "Administrative Office of the United States Courts" appearing in any provision or clause shall be deemed to refer to the United States Tax Court. The term "contractor" refers to the successful offeror awarded a contract under this solicitation.

B.2. COST

The total cost of the products and services under this contract will be:

B-1 http://www.uscourts.gov/procurement.aspx.

C.l. PRODUCTS

SECTIONC

SPECIFICA TlONS

6 x Cisco Catalyst 4500E Supervisor Engine 8-E Unified Access Supervisor, 928 Gbps

6 x Cisco Catalyst 4500 Supervisor Engine lOS XE Software release 3.3.2XO noncrypto universal image

6 x Cisco Catalyst 4500E-IPB IP base software license

6 x SD-X45-2GB-E Cisco Catalyst 4500 2GB SD memory card for Supervisor 8-E

1 x WS-X4606-X2-E 4500E 6-Port 10 Gigabit Cisco Catalyst Switch Module

8 x Cisco X2-I-GB-LX4 IOGBase-LX4 X2 module

1 x Cisco SMARTnet for one year 8x5 for the following items:

Supervisor Engine 8-E (Quantity of 6 units); WS-C4506-E Chassis (Quantity of6 units); WS-X4648-RJ45V-E (Quantity of 13 units);

PWR-C45-4200ACV 4200 Watt power supply (Quantity of 8 units);

WS-X4596-E v02 (Quantity of 10 units); WS-X4606-X2-E (Quantity of2 units).

Installation of the new supervisor cards into existing Cisco Catalyst 4506 switches, which are currently off-line.

Configuration of the Cisco Catalyst 4506 switches to mirror functionality in the current production Catalyst 6509 switches.

Removal of existing Catalyst 6509 switches from the production environment and installation of the Catalyst 4506 switches into the production environment.

Creation of virtual switching system in the network core based on two existing Cisco Catalyst 4506 units.

C-I

C.2. ADDITIONAL PRODUCT SPECIFICATIONS

New products only; no "red box" refurbished items.

C.3. STATEMENT OF WORK: SERVICES

In addition to the products identified above, the Court requires the following installation and configuration services:

A. Installation of the new supervisor cards into existing Cisco Catalyst 4506 switches, which are currently off-line.

B. Configuration of the Cisco Catalyst 4506 switches to mirror functionality in the current production Catalyst 6509 switches.

C. Removal of existing Catalyst 6509 switches from the production environment and installation of the Catalyst 4506 switches into the production environment.

O. Creation of virtual switching system in the network core based on two existing Cisco Catalyst 4506 units.

The above-listed services should be performed in the phases as described below:

Phase I: to be performed on site during normal business hours (8:00 AM to 4:30 PM)

In general the phase one tasks will upon completion provide the Court with four Cisco Catalyst 4506 switches that are ready to be configured for production.

I. Vendor will remove existing Supervisor cards from the six Cisco Catalyst 4506 switches and mount the new Supervisor Engine 8-E in the same slot

2. Insert the SO-X45-2 SO memory card into the SO slot on the Supervisor 8-E card

3. Attach a console cable to the switch using the console port on the Supervisor Engine 8-E, then open a serial terminal session to the switch

4. Power on the 4506 switch and monitor the boot up process to ensure no error messages appear during the boot up process

5. If error messages do occur take necessary step to remediate

6. If remediation requires additional hardware or software, notifY a USTC OIS staff member of required components

7. Ifboot sequence continues through to normal completion then move to next Cisco Catalyst 4506 switch until all six have reached the standard Cisco switch prompt (switch #)

C-2

Phase II: to be performed on site during normal business hours (8:00 AM to 4:30 PM)

In general the phase two tasks will upon completion provide the Court with four Cisco Catalyst 4506 switches that will mirror in functionality the current production Catalyst 6509 switches.

I. Vendor will create a configuration file that mirrors all functionally, quality of service, performance, and redundancy features that are being used on the current production 6509 switches.

2. Vendor will load this configuration file onto the 4506 switch and boot the switch.

3. Power on the 4506 switch and monitor the boot up process to ensure no error messages appear during the boot up process

4. If error messages do occur take necessary steps to remediate

5. If remediation requires additional hardware or software be procured, notify a USTC OIS staff member of required components

6. If boot sequence continues through to normal completion then move to next Cisco Catalyst 4506 switch until all six have reached the standard Cisco switch prompt (Name of replacement switch #) The names of the replacement switch will be provided to vendor.

Phase III: to be performed on site during both normal business hours and after-hours

In general the phase three tasks will, upon completion, provide the Court with four Cisco Catalyst 4506 switches that have replaced the current production 6509 switches in their respective edge closet locations.

I. Vendor will create a spreadsheet to document current production cable coding that captures

a. Vertical drop termination location *

b. Horizontal run termination location

c. Slot/port number

* The vertical drop termination uses a color code for each source floor (one through four). The same color cable is used to transition from patch panel to the slot/port number in the switch. The configuration for each closet is unique in terms of end-use devices and that information is captured in each slot/port description. An example ofthe standard format for a given slot/port description is - "description Scl03 Hppl8 Vpp7 P#4696 Tc04 BP217".

Sc=Source Closet (corresponds to floor telephone closet), Hpp=Horizontal patch panel (corresponds to horizontal termination patch in SC), C-3

Vpp=Vertical patch panel (corresponds to vertical drop patch panel in SC), P#=Phone number (corresponds to device on end of cable, camera, WAP, etc.), Tc=Terminating closet, (corresponds to vertical drop termination point), BP=Blade/port (corresponds to the blade and port number in the switch.

It is essential that this information be accurately transferred from the existing production 6509 switch to the 4506 switch. Each cable from every floor is in a pre-designated port with a description, and this linkage must be maintained. The only exception to this rule would be in the case of blade change. An example would be if a 6509 has connections on blade nine then it would be acceptable to move all ports to blade six in the 4506 switch. However the port description must be modified to reflect this change.

"description Scl03 Hpp18 Vpp7 P#4696 Tc04 BP917 = description Scl03 Hpp18 Vpp7 P#4696 Tc04 BP617"

2. All work performed in this step will be completed after-hours. Vendor will remove existing production 6509 switch from a designated closet rack and replace it with one of the 4506 switches by taking the following steps.

a. Power down existing switch,

b. Remove all copper and fiber cables,

c. Remove power supplies, fan blade, and supervisor card from 6509 chassis,

d. Brace 6509 in rack to prevent it from falling, then remove rack screws and pull unit from rack,

e. Install 4506 switch in rack by following steps list above in reverse sequence.

3. Vendor will attach a laptop to 4506 in rack before powering unit on, open a terminal/console session and then power on switch. If any error messages appear, take whatever steps are necessary to remediate until boot process is clear. Vendor will work with a USTC staff member to confirm that end devices attached to switch are operating within normal parameters - phones can place calls, security camera images are visible, etc. In order to confirm that end devices are working properly at least three phones on each of five floors must be tested and security camera views must be verified as operational.

4. Vendor will be required to be available during the next normal business hour window to resolve any possible issues that may arise from swapping out the switches. This process will be followed in an iterative manner until all four edge switches have been successfully exchanged.

The first closet to be swapped out will be G04, then G24, then G33, and the final will be G54.

C-4

Phase IV: to be performed on site during both normal business hours and after-hours

In general the phase four tasks will upon completion provide the Court with a Cisco virtual switching system in the network core so that Spanning-Tree blocking is eliminated. It will be based on two Cisco Catalyst 4506 units.

Physical view

Virtual Distribution Switch....... .-.>--'--_._-_ ..••• _- -

At:.cess

Logeal view

Virtual D~tribution Switch

/\=ess

I. ROM software on each 4506 will be upgraded to the version necessary to support VSS using a Supervisor 8-E card. Vendor will create a configuration to support a virtual switch using two Cisco Catalyst 4506 units with Supervisor 8-E cards installed.

I

Switch I

Switch

2. The configuration will consist of a dual-homed L3 routed link between the active and passive physical switches. Both 10 Gig redundant links between core and distribution layers will be combined to form a Multi-Chassis EtherChannel (MEC) so that a 20 Gig link is formed.

C-5

Configuring a MultiChassis EtherChannel (MEC)

Switch

T5/5 Standard L3 EtherChannel

Ip ><!dross 172.16.0.2130

MEC

MultiChasis L3 EtherChannel p mklress 172.16.0.1 J

Switch

VSS Switch Virtual Domain

Looks like a single logical switch

3. The verification process will consist of two stages. The first will be using performed using the following commands:

a. Show issue state,

b. Show redundancy,

c. Show switch virtual.

The second phase of verification will be tested after-hours. The test will be a two stage process. The first stage will be considered successful only if a core switch can be powered down and all edge switches remain online through their redundant linle The second stage test ensures that traffic is being passed over both links to the edge switches (i.e., instead of a having single 10 Gig link and a redundant link we would now have two 10 Gig links). Both core switches must be tested in a waterfall sequence to confirm that either core switch will support the virtual switch.

C-6

SECTION D

PACKAGING AND MARKING

CLAUSES INCORPORATED BY REFERENCE

Clause 2-45 Packaging and Marking.

D-I

CLAUSES

Clause 2-5A

Clause 2-5B

Clause 2-10

Clause 20-20C

PART I

SECTIONE

INSPECTION AND ACCEPTANCE

Inspection of Products.

Inspection of Services.

Responsibility of Products.

Warranty of Services.

(a) Definition. "Acceptance," as used in this clause, means the act of an authorized representative of the Court by which the Court assumes for itself, or as an agent of another, approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Court or any provision concerning the conclusiveness thereof, the contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The contracting officer will give written notice of any defect or nonconformance to the contractor within 10 days from the date of acceptance by the Court. This notice will state either

(I) that the contractor shall correct or re-perform any defective or nonconforming services; or

(2) that the judiciary does not require correction or re-performance.

(c) If the contractor is required to correct or re-perform, it shall be at no cost to the Court, and any services corrected or re-performed by the contractor shall be subject to this clause to the same extent as work initially performed. If the contractor fails or refuses to correct or re-perform, the contracting officer may, by contract or otherwise, correct or replace with similar services and charge to the contractor the cost occasioned to the Court thereby, or make an equitable adjustment in the contract price.

E-I

(d) If the Court does not require correction or re-performance, the contracting officer will make an equitable adjustment in the contract price.

E-2

SECTIONF

DELIVERY AND PERFORMANCE

F.l. DELIVERY TERMS AND DATE FOR PERFORMANCE

Delivery ofthe products identified shall be FOB destination. Time is of the essence.

The Court hopes to make an award by January 16,2015, or as soon as practicable thereafter. All items must be delivered as soon as practicable and no later than 30 (thirty) days after contract award. The Tax Court requires that the services identified in the Statement of Work be completed no later than 50 (fifty) days after contract award.

F.2. PLACE OF DELIVERY

Deliveries should be made to: United States Tax Court 400 2nd Street N.W.

Washington, D.C. 20217

Delivery hours are 8:00 a.m. to 4:00 p.m.

Lift-gate delivery is required.

Please call Facilities at 202.521.4677 to coordinate delivery.

F.3. ADDITIONAL CLAUSES

Clause 2-25A

Clause 2-35

Clause 2-60

Clause 3-140

Delivery Terms and Contractor's Responsibilities.

F.o.b. Destination, Within Court's Premises.

Stop-Work Order.

Notice to the Tax Court of Labor Disputes.

F-I

SECTIONG

CONTRACT ADMINISTRATION DATA

G.!. CONTRACT ADMINISTRATION OFFICE

This contract will be administered by:

Robert Di Trolio, Clerk of the Court United States Tax Court 400 Second Street, N.W.

Washington, DC 20217

G.2. CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The Contracting Officer's Representative (COR), see Clause 7-5, Contracting Officer's Representative, for this contract is:

Scott Goodrick (COR) United States Tax Court 400 Second Street, N.W.

Washington, D.C. 20217

G.3. CONTRACTOR'S REPRESENTATIVE AND AUTHORIZED NEGOTIATOR(S)

The offeror represents that the following persons are authorized to negotiate on its behalf with the Tax Court in connection with this solicitation (offeror lists names, titles, and telephone numbers o/the authorized negotiators).

The contractor's representative to be contacted for all contract administration matters is as follows:

Name(s):

Title(s):

Tel.lFax:

E-mail:

G-1

G.4. REMITTANCE ADDRESS

Payment(s) to the contractor should be sent to; (contractor to insert information if different from G.3)

G.5. ADDITIONAL CLAUSES

Clause 7-1

Clause 7-5

Contract Administration.

Contracting Officer's Representative.

G-2

SECTIONH

SPECIAL CONTRACT REQUIREMENTS

CLAUSES INCORPORATED BY REFERENCE

Clause 2-20A

Clause 2-20B

Clause 2-95

Incorporation of Warranty.

Contractor Warranty (Products).

Material Requirements.

H-l

Clause 1-1

Clause 1-5

Clause 1-10

Clause 1-15

Clause 2-55

Clause 2-70

Clause 3-25

Clause 3-35

Clause 3-40

Clause 3-45

Clause 3-50

Clause 3-55

Clause 3-65

Clause 3-105

Clause 3-120

Clause 3-205

Clause 5-5

Clause 5-10

Clause 5-20

Clause 6-20

Clause 6-40

Clause 6-60

PART II

SECTION I

CONTRACT CLAUSES

Employment by the Government.

Conflict of Interest.

Gratuities or Gifts.

Disclosure of Contractor Information to the Public.

Privacy or Security Safeguards.

Site Visit.

Protecting the Court's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

Covenant Against Contingent Fees.

Restrictions on Subcontractor Sales to the Court.

Anti-Kickback Procedures.

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

Price or Fee Adjustment for Illegal or Improper Activity.

Limitation on Payments to Influence Certain Federal Transactions.

Audit and Records.

Order of Precedence.

Protest After Award.

Nondisclosure (Professional Services).

Inspection of Professional Services.

Records Ownership.

Insurance-Work on or within a Court Facility.

Federal, State, and Local Taxes.

Rights in Data (General).

1-1

Clause 6-65

Clause 6-70

Clause 7-15

Clause 7-20

Clause 7-25

Clause 7-30

Clause 7-35

Clause 7-40

Clause 7-55

Clause 7-65

Clause 7-85

Clause 7-100A

Clause 7-1OOB

Clause 7-110

Clause 7-125

Clause 7-130

Clause 7-135

Clause 7-140

Clause 7-150

Clause 7-185

Clause 7-195

Clause 7-200

Clause 7-205

Clause 7-210

Clause 7-215

Clause 7-220

Clause 7-230

Rights in Data--Special Works.

Work for Hire.

Observance of Regulations/Standards of Conduct.

Security Requirements.

Indemnification.

Public Use of the Name of the United States Tax Court.

Disclosure or Use ofInformation.

Judiciary-Contractor Relationships.

Contractor Use of Judiciary Networks.

Protection of Court's Buildings, Equipment, Vegetation.

Examination of Records.

Limitation of Liability (Products).

Limitation of Liability (Services).

Bankruptcy.

Invoices.

Interest (Prompt Payment).

Payments.

Discounts for Prompt Payment.

Extras.

Changes.

Excusable Delays.

Judiciary Delay of Work.

Payment for Judiciary Holidays.

Payment for Emergency Closures.

Notification of Ownership Changes.

Termination for Convenience of the Judiciary (Fixed Price).

Termination for Default-Fixed Price (Products and Services).

1-2

Clause 7-235 Disputes.

[This space intentionally blank.]

1-3

PART III

SECTION J

LIST OF ATTACHMENTS

NOT APPLICABLE

J-1

PART IV

SECTIONK

REPRESENT ATIONS AND CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS

K.l. PROVISION 3-5: TAXPAYER IDENTIFICATION AND OTHER OFFEROR

INFORMATION

(a) Definitions.

"Common parent," as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its federal income tax returns on a consolidated basis, and of which the offeror is a member.

"Taxpayer Identification (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a social security number or an employer identification number.

(b) All offerors shall submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 3 I U.S.C. SS 7701 (c) and 3325(d), reporting requirements of26 U.S.C. SS 6041, 6041A and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the government (31 U.S.C. S 7701(c)(3». If the resulting contract is subject to payment recording requirements, the TIN provided hereunder may be matched with IRS records to verifY the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN): _ [ ] TIN has been applied for.

[ ] TIN is not required, because:

[ ] Offeror is a nomesident alien, foreign corporation or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[ ] Offeror is an agency or instrumentality of a foreign government;

[ ] Offeror is an agency or instrumentality of the federal government.

K-I

(e) Type of Organization [ ] sole proprietorship; [ ] partnership; [ ] corporate entity (not tax-exempt);

[ ] corporate entity (tax-exempt); [ ] government entity (federal, state or local);

[ ] foreign government; [ ] international organization per 26 CFR 1.6049-4;

[ ] other

(f) Common Parent [ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

Name and TIN of common parent Name TIN _

(g) Contractor representations.

Definitions. As used in this provision--

"Women-owned business concern" means a business concern--

(I) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent ofthe stock of which is owned by one or more women;

and (2) whose management and daily business operations are controlled by one or more women.

"Minority-owned business concern" means a business concern (I) which is at least 51 percent owned by one or more individuals within one or more of the categories listed below; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more individuals within one or more of the categories listed below; and (2) whose management and daily business operations are controlled by one or more individuals within one or more of the categories listed below:

U Black American U Hispanic American UNative American (American Indians, Eskllnos, Aleuts, or Native

Hawaiians) .

U Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory ofthe Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru)

U Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal)

K-2

Representations

The offeror represents as part of its offer that itU is,U is not a minority-owned business concern.

The offeror represents as part of its offer that it itU is,U is not a women-owned busmess concern.

K.2. PROVISION 3-20: CER'fIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER

RESPONSIBILITY MATTERS

(a) (I) The offeror certifies, to the best o/its knowledge and belief that:

(i) the offeror and/or any of its principals:

(A) are _ (or) are not _ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal agency;

(B) have _ (or) have not _ , within the three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property;

(C) are _ (or) are not _ presently indicted for, or otherwise criminally or civilly charged by a govermental entity with, commission of any of the offenses enumerated in paragraph (a)(I)(i)(B) of this provision; and

(D) have _ (or) have not _' within a three-year period preceding this offer, been notified of any delinquent federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(I) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

K-3

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C.

9 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. 9 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. 9 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under II U.S.c.

9362.

(ii) The offeror __ (or) has __ has not, within a three. year period preceding this offer, had one or more contracts terminated for default by any federal agency.

(2) "Principal," for the purposes of this certification, means an officer; director; owner;

partner or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division, or business segment, and similar positions).

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This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. S I 001.

(b) The offeror shall provide immediate written notice to the contracting officer if, at any time prior to contract award, the offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the offeror's responsibility. Failure of the offeror to furnish a certification or provide such additional information as requested by the contracting officer may render the offeror nonresponsible.

(d) Nothing contained in the foregoing will be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Tax Court, the contracting officer may terminate the contract resulting from this solicitation for default.

K.3. PROVISION 3-30: CERTIFICATE OF INDEPENDENT PRICE

DETERMINATION

(a) The offeror certifies that:

(I) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement, with any other offeror or with any competitor relating to:

(A) those prices;

(B) the intention to submit an offer; or

(C) the methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or contract award unless otherwise required by law; and

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(3) no attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory -

(I) is the person in the offeror's organization responsible for determining the prices in this offer, and that the signatory has not participated, and will not participate, in any action contrary to paragraphs (a)(l) through (a)(3) of this provision; or

(2) (i) has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate, in any action contrary to paragraphs (a)(I) through (a)(3) of this provision ___________ (insert full name of person(s) in the offeror.s organization responsible for determining the prices in this offer, and the title of his or her position in the offeror's organization);

(ii) as an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision; have not participated, and will not participate, in any action contrary to paragraphs (a)(I) through (a)(3) of this provision; and

(iii) as an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(l) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror shall furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

K.4. ADDITIONAL PROVISIONS

Provision 3-15

Provision 3-60

Place of Performance.

Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

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SECTIONL

INSTRUCTIONS, CONDITIONS, AND NOTICE TO OFFERORS

L.t. OFFERS

(A) All offers must clearly and convincingly demonstrate that the offeror has a thorough understanding of all of the requirements as outlined in Part I, Section C, and is able, willing, and competent to devote the resources necessary to meet or exceed the specified requirements.

(B) Offers must be received by the U.S. Tax Court on or before 4:30 p.m. eastern time on January 12,2015. Offers may be mailed to the Office ofInformation Systems, U.S. Tax Court, 400 2nd Street NW, Washington DC 20217. Note that mail sent through the United States Postal Service to Federal buildings may be delayed due to special screening procedures. Offers may also be sent via electronic mail to procurement@ustaxcourt.gov.

(C) Submission, Modification, and Withdrawal of Offers

(I) Offers may be withdrawn by written notice received at any time before award.

(2) Offerors may submit modifications to their offers at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(3) Offerors may submit revised offers only if requested or allowed by the contracting officer.

(4) Offers may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the contracting officer. Offers may be withdrawn by written notice received at any time before award.

(D) Restriction on Disclosure and Use cifData

Offerors that include in their offers data that they do not want disclosed to the public for any purpose, or used by the Tax Court except for evaluation purposes, shall:

(I) mark the title page with the following legend:

This offer includes data that shall not be disclosed outside the Tax Court and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this offer. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Tax Court shall have the right to duplicate, use, or disclose the data to

L-I mailto:procurement@ustaxcourt.gov.

the extent provided in the resulting contract. This restriction does not limit the Tax Court's right to use information contained in this data ifit is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification a/sheets];

and

(2) mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this offer.

L.2. LATE OFFERS

Offerors are responsible for submitting proposals, and any modifications or revisions, so as to reach the Tax Court Office ofInformation Services by January 12,2015, as time is of the essence. Any offer received after the deadline is "late" and will not be considered unless it is received before an award is made and the contracting officer determines that accepting the late offer for consideration would not unduly delay the acquisition.

L.3. AWARD

A written award or acceptance of offer mailed or otherwise furnished to the successful offeror within the time specified in the offer shall result in a binding contract without further action by either party.

L.4. OTHER CONSIDERATIONS

The Court intends award a contract resulting from this solicitation to the responsible offeror whose proposal represents the best value after evaluation in accordance with the factors and any subfactors listed in the solicitation.

The Court intends to evaluate proposals and award a contract without discussions with offererors and therefore the offeror's initial proposal should contain the best terms from the offeror's standpoint. However, the Court reserves the right to conduct discussions if the Contracting Officer determines them to be necessary.

The United States Tax Court uses as its primary word processing program WordPerfect.

Any offer submitted electronically must be submitted in a format compatible with the above-referenced program, or in pdf format.

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The Court may waive informalities and minor irregularities in proposals received, and it may reject any or all proposals if such action is in the Court's interest.

L.S. PROVISIONS INCORPORATED BY REFERENCE

Provision 2-15

Provision 3-10

Warranty Information.

Data Universal Numbering System (DUNS) Number.

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SECTIONM

EVALUATION FACOTORS FOR AWARD

Offers must be realistic in both technical approach and total price. Offers that are umealistic in terms of technical approach or umealistically low in price will be considered indicative of a lack of understanding of the complexity and risk in the contract requirements. Umealistic offers will not be considered for award. '

The following factors will be considered in the evaluation of each offer received:

M.l. TECHNICAL SKILL

Offerors will be evaluated on technical skill as demonstrated by past experience with the nature of the project and the equipment to be used, Special consideration will be given to Cisco gold-level certified professionals or those bearing a comparable professional certification, Special consideration will also be given to those offerors who are familiar with VoIP networks such as those being utilized by the Tax Court.

M.2. MANAGEMENT

Offerors will also be evaluated on the offeror's ability to timely supply the required products identified in Part I, Section C and to manage a time-sensitive, mission-critical technical project while mitigating risk and maintaining a professional performance.

M.3. PAST PERFORMANCE

Each offeror's past performance will be evaluated as part of the Court's overall evaluation of best value. At a minimum, this evaluation will take into account past performance information submitted as part of each offeror's proposal, including information concerning predecessor companies and key personnel who have relevant experience, and subcontractors that will perform portions of the requirement

MA. PRICE

While price is a factor to be considered, it is not the most important factor. All evaluation factors other than price, when combined, are significantly more important than price. The Court may make an award to an offeror with a proposal that contains superior technical features, even if such award results in a higher cost to the Court.

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M.S. ADDITIONAL PROVISIONS

Provision 3-70

Provision 3-210

Determination of Responsibility.

Protests.

(a) The protestor has a choice of protest forums. It is the policy of the Tax Court to encourage parties first to seek resolution of disputes with the contracting officer. If the dispute cannot be resolved with the contracting officer, then it is the policy of the Tax Court to encourage parties to seek a resolution with the Chief Judge of the Tax Court. However, if a party files a formal protest with an external forum on a solicitation on which it has filed a protest with the Tax Court, the Tax Court protest will be dismissed.

(b) Tax Court protests will be considered only if submitted in accordance with the following time limits and procedures:

(I) any protest shall be filed in writing with the contracting officer designated in the solicitation for resolution of the protest. It shall identifY the solicitation or contract protested and set forth a complete statement of the alleged defects or grounds that make the solicitation terms or the award or proposed award defective. Mere statement of intent to file a protest is not a protest.

(2) a protest shall be filed not later than ten (10) calendar days after the basis of the protest is known, or should have been known. A protest based on alleged improprieties in a solicitation which are apparent prior to the closing date for receipt of offers, shall be filed prior to the closing date for receipt of offers.

The Tax Court, in its discretion, may consider the merits of any protest which is not timely filed. The office hours of the Administrative Office are 8:30 a.m. to 5:00 p.m., eastern time. Time for filing a document expires at 5:00 p.m., eastern time, on the last day on which such filing may be made.

(3) the protest shall include the following information:

(i) name, address, and fax and telephone numbers of the protester or its representative;

(ii) solicitation or contract number;

(iii) detailed statement of the legal and factual grounds for the protest, to include a description of resulting alleged prejudice to the protester;

(iv) copies of relevant documents;

(v) request for a ruling by the Tax Court;

(vi) statement as to the form of relief requested;

(vii) all information establishing that the protester is an interested party for the purpose of filing a protest; and

(viii) all information establishing the timeliness of the protest.

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(c) Unless stated otherwise elsewhere in this solicitation, protests that are filed directly with the Tax Court, and copies of any protests that are filed with an external forum, shall be served on the contracting officer at the Issuing Office address on the standard form, if any, or as provided elsewhere in this solicitation. Written and dated acknowledgment of receipt must be obtained from the Contracting Officer issuing this solicitation, or authorized designee.

(d) The copy of any protest shall be received in the office designated above within one day of filing a protest with an external forum.

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