13-Special Instructions to Vendors - PNC2130814B1.pdf

SPECIAL INSTRUCTIONS TO VENDORS

QUOTATION REQUEST OR INVITATION TO BID

Cisco Products, Software and Labor

A. Scope This open-end contract is for Cisco Products, Software and Labor for the Enterprise Technology Services (ETS) Division, Broward County Aviation Division and various other Broward County agencies that may have need of these services and/or products in accordance with the Specifications and Requirements.

B. Contract Type

Open-End/Indefinite Quantity Contracts. This solicitation is not for a definite quantity of goods or services and is for an open-end/indefinite quantity contract. The County shall purchase the guaranteed minimum quantity of goods or services (if any) stated in the solicitation but may exceed that minimum amount, and the Contractor shall provide all amounts ordered by the County, limited only by any maximum quantity stated in the solicitation. The County may issue purchase orders on this solicitation as and when required; issue a blanket purchase order for individual agencies; issue instructions for use of direct purchase orders by various County agencies; procure amounts above any stated guaranteed minimum quantity by any method from any other source(s); or do any combination of the foregoing. No delivery of goods or performance of services shall become due or be accepted without a written purchase order and delivery instruction by the County, unless otherwise expressly provided in the solicitation. Such order will contain the quantity, time of delivery, and other pertinent data. If the County requires delivery within a shorter period than the delivery time specified in the solicitation (if any), and if the Vendor is unable to deliver by that time at the contracted price, the County may obtain such delivery from other sources, without penalty or prejudice to the County, and such shall not be a violation of the contract.

There is no guaranteed minimum quantity of goods or services. Any quantities stated are estimates only.

Contract Term/Period: The initial contract period shall start on date of award, or upon expiration of the current contract June 6, 2026, whichever is later, and shall terminate three (3) years from that date. The Director of Purchasing may renew this contract for up to two three-year periods subject to Vendor acceptance, Vendor satisfactory performance, and the Director of Purchasing’s determination that renewal will be in the best interest of the County. Notification of intent to renew will be sent in advance of expiration date of this contract. The Vendor must complete delivery, and the County will receive delivery, on any orders issued by the County to the Vendor prior to the date of expiration.

C. Office of Economic and Small Business Requirements

Not applicable to this solicitation.

D. Funding Requirements (ex. Grant, State, or Federal)

E. Specifications and Requirements The Specifications and Requirements included apply to this solicitation. If the Specifications and Requirements reference a third party (i.e., manufacturer, applicator, subcontractor, etc.), the reference is to be construed as the Vendor through the third party unless otherwise expressly stated in the Specifications and Requirements.

The product offered by the Vendor must, on an overall basis, be equal or greater in quality or performance than the Specifications and Requirements. Broward County shall be the sole judge of what constitutes equal or greater in quality or performance. Submittals that do not comply with Specifications and Requirements are subject to rejection.

F. Requests for Approved Equals

G. Vendor Responsibilities The Vendor will be responsible for the provision, installation (if applicable, per Specifications and Requirements), and performance of all equipment, materials, services, etc. offered in their submittal. The Vendor is not relieved of responsibility for the performance of all equipment furnished, or of ensuring timely delivery of materials, equipment, etc., even if the equipment or materials are not of their own manufacture.

H. Fiscal Year End

I. Basis of Award This solicitation establishes a Qualified Vendor List (QVL). The County intends to award up to five responsive, responsible vendors offering the lowest total price.

The Director of Purchasing may re-advertise this QVL to add Vendors, products, or services. Vendors or products may be removed from the qualified list at any time if the Director of Purchasing determines that the vendor is no longer qualified to provide the applicable goods or services, if the vendor has been suspended or debarred by the County or another governmental entity, or if the product no longer meets the specifications required by the County.

For purchase orders/projects less than $100,000, awarded QVL vendors will be designated as Primary (lowest vendor), Secondary (2nd vendor), etc. The County reserves the right to go to the secondary vendor (and subsequently third vendor, etc.) if the higher-designated vendor is unable to provide product/services, meet the County’s required delivery/completion time, or provide the minimum discount offered for this contract, etc.

QVL Process for Purchases:

The County will issue quotation requests per the project dollar value amounts stated below. For all quotation requests, the Vendor shall provide pricing, indicating current MSRP and the proposed discount percentage (which must be no less than the applicable percent discount offered by the Vendor in its response to this solicitation for that group or item). Upon review and approval of the quote, the County will issue a purchase order to the Vendor awarded the order. The Vendor will invoice the County only upon receipt of all items contained in a purchase order. The County will not accept multiple invoices for a single purchase order.

1. For projects estimated to be up to $100,000, the Using Agency’s CAB will issue a quotation request to the Primary Vendor (or, if applicable, the Secondary or Tertiary Vendor) for the required services/products.

2. For projects estimated to be more than $100,000 but less than $500,000, the Using Agency’s CAB will issue a quotation request through the County’s electronic bidding system to all awarded QVL vendors, allowing vendors at least five (5) business days to respond. The low, responsive responsible vendor will be issued a purchase order.

3. For projects estimated to be $500,000 or greater, the Purchasing Division will issue a request for quote through the County’s electronic bidding system to all awarded QVL vendors, allowing vendors at least five

(5) business days to respond. The low, responsive responsible vendor will be issued a purchase order.

All Vendor quotations must include the identified Cisco part number, descriptive nomenclature, quantities, manufacturer warranty term, and any applicable licensing, subscriptions, and support plans. Support plans and subscriptions shall be prorated to an agency’s annual support date, so all products have a coterminous period.

The County is interested in using a “punchout” (business to business) for projects estimated to be up to $100,000.

A punchout catalog is a feature within an e-procurement system that allows users to access a supplier's e-commerce website directly from its purchasing system. Instead of browsing a static, pre-loaded catalog, users "punch out" to the supplier's site, shop using their normal e-commerce experience, and then "punch back in" to their procurement system to complete the purchase, generating a purchase order automatically. For information, the County uses PeopleSoft Financial System. If Vendor is capable of offering this feature, indicate in submittal of Vendor’s capability.

J. Multiple Awards

See Basis of Award.

K. Price Adjustment/Escalation For hourly labor rates, no price increases will be allowed during the initial contract period. For any renewal term, the Vendor may request a price increase in accordance with the Price Escalation Procedure below.

Price Escalation Procedure:

To seek a price increase, a Vendor must submit a written request to the County at least ninety (90) days prior to the expiration of the initial term or renewal period, as applicable, and no more than once per renewal period. The Vendor must supply documentation to substantiate the requested increase. The request must include the proposed amount and effective date of the increase.

The Director of Purchasing may refuse to grant the requested price increase if not properly documented or excessive. If the Director of Purchasing refuses the requested price increase and the matter cannot be resolved to the satisfaction of the County, the Vendor shall continue to perform under the contract at the existing contracted price(s) to the end of the then-current term, including completing delivery on any orders placed with the Vendor prior to the end of the then-current term. Failure to complete delivery shall be grounds for cause the Contractor to be suspended and/or debarred from doing business with the County pursuant to the Broward County Procurement Code Section 21.73, Authority to Debar or Suspend.

If the Director of Purchasing approves a price increase, the increase shall be no greater than (unless specifically approved otherwise by the Director of Purchasing), the difference of Consumer Price Index (CPI) or Producer Price Index (PPI) of the current period less CPI/PPI previous period, divided by CPI/PPI previous period, times 100 (only one index may be used in formula calculation). The CPI/PPI current period shall mean the most recent month for the contract period index prior to Vendor’s written request. The CPI/PPI previous period shall mean for the same month of the prior year. All indices shall be obtained from the U.S. Department of Labor Statistics. For example:

Consumer Price Index - All Urban Consumers (Series ID CUURA320SA0) for the area of Miami-Fort Lauderdale, FL (All Items), with a base period of 2020-22 = 100, and not seasonally adjusted.

The Purchasing Division will notify the using agencies and the Vendor in writing of the effective date of any approved price increase. If a request for price increase is approved, the new price(s) will apply only to the orders placed after the later of the date of the County’s approval or the effective date proposed in the Vendor's request for a price increase; orders placed earlier will be invoiced at the unit price in effect at the time the order was placed.

Price De-Escalation:

If a supplier issues revisions, supplements, or replacements to the product lists, catalogs and/or price lists previously submitted to the County, any one of which reflects a decrease in the unit price of an item covered by the contract, the Vendor must notify the County of the price decrease within thirty (30) days of the notification from the supplier to the Vendor of the price decrease.

When the County receives notice of a price decrease of an item, the County may request the same reduction in price from the Vendor. The County shall make such request in writing. If agreed to by the Vendor, the decrease shall go into effect on the same day that the supplier of the item provides the decrease to the Vendor.

If the Vendor does not agree to the requested decrease, the Vendor must notify the County in writing no later than ten (10) business days after the County’s request. If the Vendor fails to timely notify the County of its nonacceptance, then the Vendor shall be deemed to have approved the price decrease. If the Vendor timely notifies the County of its nonacceptance, then the County may, upon written notice to the Vendor, terminate the contract for cause.

L. Maintenance and Service Requirements Refer to Specifications and Requirements.

M. Licensing Requirements

N. Certification Requirements In order to be considered a responsible and responsive Vendor for the scope of work set forth in this solicitation, the Vendor must at all times have Vendor personnel on staff (which may include remote staff) that collectively possess the Cisco certifications indicated below (i.e., at least one person on staff for each listed certification):

• Cisco Certified Design Expert (CCDE), or

• Cisco Certified Internetwork Expert (CCIE); and

• Cisco Customer Experience or Advance Customer Experience; and

• Cisco Certified Voice Professional (CCVP); and

• Cisco Network Associate Certification (CCNA); and

• Cisco Network Professional Certification (CCNP); and

• Advanced DevNet Cisco CCNA Cloud; and

• Selling Business Outcomes (SBO or Adopting the Cisco Business Architecture approach (DTBAA), and any three of the following:

o Advanced Collaboration Architecture o Advanced Data Center Architecture o Advanced Enterprise Networks Architecture o Advanced Security Architecture o Advance Server Provider Architecture

Proof of certification should be returned with the Vendor’s submittal. If not provided with submittal, the Vendor must submit within three business days after the County’s request. Vendor may be deemed nonresponsive for failure to fully comply with the stated timeframes.

Any services performed under this contract must be performed by a Cisco certified contractor or subcontractor, as applicable.

O. Permits and Fees

P. Allowances

Q. Public Bid Disclosure Act

R. Recycling Preference

S. Prevailing Wage Rates

T. Liquidated Damages

U. Payment Maintenance and Support shall be invoiced annually in advance, unless otherwise specified in the particular Quotation Request and resulting order. Equipment shall be invoiced within thirty (30) days after delivery and acceptance. Any other services shall be invoiced only upon completion of the order or project, including any applicable installation or services. All proper invoices will be paid within thirty (30) days after invoice.

V. Additional Information/Instructions In order to be considered a responsible and responsive Vendor for the scope of work set forth in this solicitation, the Vendor must be a Cisco Gold-Level Integrator Partner. For the duration of the contract, Vendor must maintain Cisco Gold-Level Integrator Partner (or any substantially equivalent level, as determined by County) status and continue with the Cisco certification program and participate with the annual Cisco fiscal year assessment and audit for eligibility.

The Vendor must meet the minimum criteria for a Cisco Gold-Level Integrator Partner (or any substantially equivalent level, as determined by County) established by Cisco (including as modified by Cisco), which is currently as follows:

1. Personnel and Expertise:

a. Certified Employees: A minimum of 12 full-time employees must hold Associate, Professional, or Expert certifications.

b. CCIEs: At least four of these certified employees must hold Cisco Certified Internetwork Expert (CCIE) certification.

2. Specializations and Architectures:

a. Broad Specialization: Partners must demonstrate expertise across a wide range of Cisco solutions through a portfolio of specializations.

b. Required Architectures: A minimum number of architecture specializations are required, such as Enterprise Network Architecture, Security Architecture, and Customer Experience.

3. Customer Support and Service:

a. 24/7 Support: A commitment to providing 24-hour-a-day, seven-days-a-week customer service.

b. Escalation Process: A well-defined escalation process for handling customer issues.

c. Pre- and Post-Sales Support: Robust support capabilities for the entire customer lifecycle.

4. Technology and Solutions:

a. Integrated Solutions: The ability to deliver integrated solutions that span multiple technology areas, including networking, security, and collaboration.

b. Continuous Learning: A commitment to continuous learning and maintaining up-to-date skills to serve customers effectively.

5. Business Practices:

a. Project Management: A demonstrated project management process from initiation to final review.

6. Customer Service Standards: Adherence to high customer service standards.

Proof of Cisco partner status should be returned with the Vendor’s submittal. If not provided with submittal, the Vendor must submit within three business days after the County’s request. Vendor may be deemed nonresponsive for failure to fully comply with the stated timeframes.

Documentation of Capabilities: In addition, Vendors must provide verifiable documentation to demonstrate at least three (3) years of consistently maintaining the minimum level of capabilities required to run six to eight simultaneous projects with no decrease in satisfactory customer service during deployments of Cisco enterprise solutions on enterprise networks similar in size in a LAN/WAN environment consisting of Cisco equipment.

Vendors must also demonstrate an ability to provide broad scalable expertise for an array of Cisco solutions intended for Enterprise network environments and at a minimum, maintain four (4) Cisco Certified Internetwork Experts (CCIEs), and another four (4) Cisco Certified Network Professionals (CCNPs) on staff. If this documentation of capabilities is not provided with the vendor’s solicitation response, it must be provided within three (3) business days after request by County.

Applicable Terms and Conditions. All goods and services ordered or procured under this QVL shall be subject to the following terms and conditions: (1) the General Conditions; (2) the Cisco General Terms (available at https://www.cisco.com/c/dam/en_us/about/doing_business/legal/Cisco_General_Terms.pdf); (3) any applicable Cisco Supplemental Terms (available at https://www.cisco.com/c/en/us/about/legal/cloud-and-software/software-terms.html); (4) the Cisco Approved Terms (as defined in Section 2 of the Specifications and Requirements); and (5) for non-Cisco software or subscriptions, any other applicable licensing terms approved by the County as referenced in Section 3 of the Specifications and Requirements. In the event of a conflict between the applicable terms and conditions, the conflict shall be resolved by the following order of precedence: the Cisco Approved Terms, then the Cisco General Terms, then the Cisco Supplemental Terms, then any third-party software or subscription licensing terms approved in writing by County’s Purchasing Director, and then the General Conditions.

Form Date 7/1/25 https://www.cisco.com/c/dam/en_us/about/doing_business/legal/Cisco_General_Terms.pdf https://www.cisco.com/c/en/us/about/legal/cloud-and-software/software-terms.html https://www.cisco.com/c/en/us/about/legal/cloud-and-software/software-terms.html