Cohesity Network Equipment Bid Final 2024.pdf

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INVITATION FOR BIDS

COHESITY NETWORK EQUIPMENT

INFORMATION SYSTEMS

BIDS WILL BE OPENED

10:00 a.m., June 10th, 2024 City/County Purchasing Department

City Hall Suite 324

101 North Main Street

Winston-Salem, NC 27101

ADVERTISEMENT FOR BIDS

Pursuant to Section 143-129 of the General Statutes of North Carolina, sealed proposals endorsed

Cohesity Network Equipment to be furnished to the City of Winston-Salem Information Systems

Department will be received by the City/County Purchasing Department in Suite 324, City Hall

Building, 101 North Main Street, Winston-Salem, NC until 10:00 a.m., June 10th, 2024, at which time they will be publicly opened and read.

Instructions for submitting bids and complete specifications may be obtained during regular office hours, Monday – Friday, 8:00 a.m. to 5:00 p.m. at the same location, or by contacting TaWanna Gates via email tawannag@cityofws.org or phone 336-747-6938. The City reserves the right to reject any or all proposals.

mailto:tawannag@cityofws.org

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Notice to Bidders

It is the policy of the City of Winston-Salem that an employee, officer, or agent of the City may not participate in any manner in the bidding, awarding, or administering of contracts in which they, or a member of their immediate family, their business partner, or any organization in which they serve as an officer, director, trustee, or employee, have a financial interest.

The successful bidder must comply with all provisions of the Americans with Disabilities Act

(ADA) and all rules and regulations promulgated thereunder. By submitting a bid, the successful bidder agrees to indemnify the City from and against all claims, suits, damages, costs, losses, and expenses in any manner arising out of, or connected with, the failure of the Company, its subcontractors, agents, successors, assigns, officers, or employees to comply with the provisions of the ADA or the rules and regulations promulgated thereunder.

All bids must be firm and not subject to increase, unless specified within the provisions of this

Invitation for Bid (IFB) and mutually agreed upon by the City and the proposer. No special inducements will be considered that are not a part of the original bidding document.

City Rights and Options

The City, at its sole discretion, reserves the following rights:

• To supplement, amend, substitute or otherwise modify this IFB at any time

• To cancel this IFB with or without the substitution of another IFB

• To take any action affecting this IFB, this IFB process, or the equipment subject to this IFB that would be in the best interests of the City

• To issue additional requests for information

Public Records

Any material submitted in response to this IFB will become a “public record” once the bidder’s document(s) is opened and the bidder is determined to be a participant in the solicitation process and shall be subject to public disclosure consistent with Chapter 132, North Carolina Statutes.

Bidders must claim any applicable exemptions to disclosure provided by law in their response to this IFB. Bidders must identify materials to be protected and must state the reasons why such exclusion from public disclosure is necessary and legal. The City reserves the right to make all final determination(s) of the applicability of North Carolina General Statutes § 132-1.2, Confidential Information.

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Familiarity with Laws and Ordinances

The submission of a bid on the product requested herein shall be considered as a representation that the bidder is familiar with all federal, state, and local laws, ordinances, rules and regulations which affect those engaged or employed in the provision of such services, or equipment used in the provision of such services, or which in any way affects the conduct of the provision of such services; and no plea of misunderstanding will be considered on account of ignorance thereof. If the bidder discovers any provisions in the IFB documents that are contrary to or inconsistent with any law, ordinance, or regulation, it shall be reported to the City in writing without delay.

The bidder agrees that in carrying out this contract, compliance will be maintained with all applicable federal, state, and local laws, specifically including, without limitations, the

Occupational Safety and Health Act of 1970 and Section 1324A, the Immigration Reform and

Control Act. The bidder certifies that the bid is made in good faith and without collusion with any person bidding on this contract or with any officer or employee of the City of Winston-Salem.

The undersigned further agrees, in connection with the performance of this contract, not to discriminate against any employee or applicant for employment because of race, religion, color, gender, age, handicap, political affiliation or national origin.

Ethics Policy / Code of Conduct

The City of Winston-Salem has established guidelines for ethical standards of conduct for City representatives and to provide guidance in determining what conduct is appropriate in particular cases. City representatives should maintain high standards of personal integrity, truthfulness, honesty, and fairness in carrying out public duties; avoid any improprieties in their roles as public servants including the appearance of impropriety; and never use their position or power for improper personal gain. In establishing an ethics policy, the City of Winston-Salem desires to protect the public against decisions that are affected by undue influence, conflicts of interest, or any other violation of these policies as well as promote and strengthen the confidence of the public in their governing body. For a complete review of the City Policy click the following link.

http://www.cityofws.org/Home/Departments/Purchasing/Articles/Bids

Equal Employment Opportunity / ADA

The Contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, political affiliation, gender, age or disability. The contractor shall comply with all applicable laws and regulations regarding the American with

Disabilities Act (www.ADA.gov) as amended from time to time and all rules and regulations promulgated thereunder and other laws and regulations pertaining to equal employment. The

Contractor hereby agrees to indemnify the Owner from and against all claims, suits, damages, costs, losses and expenses in any manner arising out of or connected with the failure of the contractor, its subcontractors, agents, successors, assigns, officers or employees to comply with the provisions of the ADA or rules and regulations promulgated thereunder. The Contractor agrees to act affirmatively in its employment and promotion practices, and in the general treatment of its employees.

http://www.cityofws.org/Home/Departments/Purchasing/Articles/Bids http://www.ada.gov/

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Stimulation of the Local Economy

In an effort to stimulate the local economy, foster development and promote efficiency in the provision of city services and the completion of various city projects, the City of Winston-Salem has undertaken an initiative to strongly encourage all parties contracting with the City of Winston-

Salem to evaluate their internal operations and hiring practices and, where appropriate, to initiate efforts to stimulate the local economy by hiring applicants and contractors from the Winston-

Salem/Forsyth County Area and by utilizing minority and women contractors and service providers. Such efforts to stimulate the local economy may be accomplished by posting job vacancies with the North Carolina Employment Security Commission, the Piedmont Triad

Regional Council of Governments, and the Winston-Salem Urban League; and utilizing the State of North Carolina Office for Historically Underutilized Business database

(https://www.ips.state.nc.us/IPS/vendor/SearchVendor.aspxt=hobtain) or other local resources such as the City of Winston-Salem M/WBE Program to identify Winston-Salem/Forsyth County based contractors and subcontractors. Stimulation of the local economy requires a collaborative effort of both the public and private sector. The city is committed to taking reasonable steps to achieve said goal.

Iran Divestment Act

Contractor hereby certifies that it is not on the North Carolina State Treasurer’s list of persons engaging in business activities in Iran, prepared pursuant to NCGS § G.S. 147-86.58, nor will

Contractor utilize on this agreement any subcontractor on such list. This list, along with additional information about the Iran Divestment Act, is available on the Treasurer’s Office site:

https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-Divestment-

Act-Resources.aspx.

Divestment from Companies that Boycott Israel

Contractor hereby certifies that it is not on the North Carolina State Treasurer’s list of companies engaged in a boycott of Israel in violation of NCGS 147-86.80 et. seq. and that it will not utilize on this agreement any subcontractor on said list.”

Public Health & Safety

To protect public health, including the health of city employees, and to slow the rate of transmission of COVID-19, all vendors, contractors and service providers, including their employees, officers, agents and subcontractors, conducting business with the City of Winston-

Salem (collectively hereinafter “City Contractors”) must align their operations, employment and safety practices with the guidance and recommendations of the CDC and OSHA relating to

COVID-19 and the executive orders issued by Governor Roy Cooper, until further notice. All

City Contractors must implement, adhere to, and enforce measures that require, amongst other things, frequent hand washing, the use of hand sanitizer, social distancing and the wearing of contractor-provided PPE including, but not limited to, face masks and gloves, recommended by the CDC, OSHA, the State of North Carolina or the City of Winston-Salem, by all of their employees and subcontractors accessing city owned or leased property. Until further notice, all

City Contractors must refrain from accessing city owned or leased property without the aforementioned PPE and must refrain from accessing city owned or leased property if exhibiting any symptoms associated with COVID-19. Failure to adhere to the requirements set forth herein may result in the removal of a City Contractor from city owned or leased property and the City’s exercise of the appropriate contract suspension or termination provisions.

https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-

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Nondiscrimination Ordinance

As a condition of entering into this contact, the Contractor represents and warrants that it will fully comply with the City's Non-Discrimination Policy, as set forth in Chapter 2, Section 2-8 Entitled

“Policy of Nondiscrimination” of the Winston-Salem City Code. As part of such compliance, the

Contractor shall not discriminate on the basis of race, ethnicity, color, creed, religion, sex, sexual orientation, gender identity, gender expression, pregnancy, veteran status, disability, age, marital status, familial status, protected hairstyle, political affiliation or national origin in the screening of applicants, the hiring and treatment of its employees, the provision of the goods and/or services set forth herein, or the solicitation, selection, hiring, or treatment of its subcontractors, vendors or suppliers, (hereinafter collectively “subcontractors”), if any, in connection with this contract or the contract solicitation process if applicable, nor shall the Contractor retaliate against any person or entity for reporting instances of such discrimination. The Contractor shall enact employment policies consistent with this obligation to refrain from such discrimination and shall provide evidence of such to the City within 90 calendar days of the first receipt of City funds. The

Contractor shall provide equal opportunity for subcontractors to participate in all of its subcontracting and supply opportunities, if any, under this contract, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace. The Contractor understands and agrees that a violation of this clause shall be considered a material breach of this contract and may result in termination of this contract, disqualification of the Contractor from participating in future City contracts pursuant to Winston-Salem City Code Section 2-3 or other sanctions. Furthermore, as a condition of entering into this contract, the Contractor agrees to: (a) promptly provide to the City in a format specified by the City all information and documentation that may be requested by the City from time to time regarding the screening of applicants, the hiring and treatment of its employees particularly if City funds were used in connection with hiring and compensation process, and the solicitation, selection, treatment and payment of subcontractors, if any, in connection with this Agreement; and (b) if requested, provide to the City within sixty days after the request a truthful and complete list of the names of all subcontractors that the Grantee has used under this contract, including the total dollar amount paid by the

Contractor on each subcontract or supply contract. The Contractor further agrees to fully cooperate in any investigation conducted by the City pursuant to the City’s Nondiscrimination Policy, to provide any documents, relevant to such investigation, that are requested by the City. The

Contractor agrees to provide to the City from time to time on the City’s request, payment affidavits detailing the amounts paid by the Contractor to subcontractors and suppliers in connection with this contract within a certain period of time. Such affidavits shall be in the format specified by the

City from time to time. Nothing in this contract shall negate or diminish the requirements of the

City’s MWBE program. Nothing in this contract shall infringe upon any rights afforded to the

Contractor by state or federal law.

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SPECIAL TERMS AND CONDITIONS

DETAILED SPECIFICATIONS: Detailed specifications for this product are included with the bid request. Bids to be submitted in accordance with the specifications and these Special

Terms and Conditions, both of which require doing all that is necessary, proper, or incidental to the furnishing of the product identified herein. All things not expressly stated in the specifications or Special Terms and Conditions but involved in carrying them out must be included in bidder’s proposal as though they were specifically stated.

NOTICE TO BIDDERS: All bids are subject to the provisions of the instructions to Bidders, special terms and conditions specific to this Invitation for Bids, the specifications, and

General Contract Terms and Conditions. The City of Winston-Salem objects to and will not evaluate or consider any additional terms and conditions submitted with a bidder response. This applies to any response appearing in or attached to the document as part of the bidder’s response. DO NOT ATTACH ANY ADDITIONAL TERMS AND

CONDITIONS. By execution and delivery of a proposal, the bidder agrees that any additional terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect. It shall be the bidder’s responsibility to read this entire document, review all enclosures and attachments, and comply with all requirements specified herein.

The bidder is cautioned that the requirements of this bid can be altered only by written addendum and that verbal communications from whatever source are of no effect.

EXCEPTIONS TO SPECIFICATIONS:

In the event that clarifications or changes to bid specifications are necessary, changes will be made by written addendum. In all cases product must be furnished as requested, and where brand names are used, consider the term "or equal" to follow. Such references are not intended to be restrictive and comparable products of other manufacturers will be considered. However, written approval for any proposed substitution or change in specifications must be obtained by bidder prior to the close of bids.

Any request for an approved equal, change in specification or protest of specifications must be fully supported, when requested with technical data, test results, or other pertinent information and evidence that the substitute offered is equal to, or better than, the specification requirement. The bidder shall not construe this paragraph as inviting deviation or implying that any deviation will be acceptable.

Bidder’s failure to request exceptions to specifications or approved equals as stated above will be interpreted as the bidders’ intent to comply fully with the requirements as written.

Conditional or qualified bids shall be subject to rejection in whole or in part.

The City of Winston-Salem reserves the right to postpone bid openings for its own convenience.

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GENERAL REQUIREMENTS: The product furnished shall be new and unused and the manufacturer's latest listed and published stock model, or models which meet all the applicable requirements of these specifications.

BIDDERS SUBMITTALS(as requested): Bidder must furnish all information requested herein including descriptive literature, when requested and/or complete specifications covering the products offered. Reference to literature submitted with a previous bid will not satisfy this provision. Bids which do not comply with these requirements will be subject to rejection. All documents submitted should bear the name of the bidder.

EXPENSES INCURRED IN PREPARING BID: The City of Winston-Salem accepts no responsibility for any expense incurred by the bidder in the preparation and presentation of a bid. Such expenses shall be borne exclusively by the bidder.

CONTRACT/AWARD: Pursuant to the laws governing public contracts in North Carolina, the successful bidder’s/vendor’s response to this Invitation for Bids and Proposals and any addenda thereto, plus the City’s issuance of a City of Winston-Salem Purchase Order for the proposed goods and/or services shall constitute a binding contract.

PURCHASE OF ADDITIONAL ITEMS(does not apply): Subject to the successful bidder’s acceptance, the City reserves the option to purchase additional product as specified herein at the price bid and awarded in this Invitation for Bids and Proposals within one (1) year from bid opening date. This bid may also be utilized by other entities per N.C.G.S. to piggyback at the sole discretion of the vendor.

INDEMNIFICATION: The bidder/vendor covenants to save, defend, keep harmless, and indemnify the City of Winston-Salem and all of its officers, departments, agencies, agents, and employees from and against all claims, loss, damage, injury, fines, penalties and cost - including court costs and attorney's fees, charges, liability, and exposure, however, caused resulting from, arising out of, or in any way connected with the bidder’s/vendor’s negligent performance or nonperformance of the terms of the contract.

VENDOR SUPPORT/SERVICE AND PARTS (where it applies): The vendor and/or manufacturer bidding on these specifications must have the ability to provide repair parts and technical service in the form of a service representative, including the maximum time from receipt of notice to arrival of parts or the service representative. The manufacturer, whether they are the vendor or not must be satisfactory to the City of Winston-Salem from the standpoint of experience, reliability, and demonstrated ability to manufacture equipment comparable as to size and type as that required by the specifications and shall have manufactured and/or sold equipment of the size and type specified which has operated satisfactorily in the field for a minimum of one year. The City of Winston-Salem reserves the right to reject bids from vendors that have failed to perform satisfactory under previous contracts with the City of Winston-Salem and/or vendors that cannot produce satisfactory evidence that they can furnish promptly all spare parts needed for ordinary service and repair of the equipment herein specified.

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INSPECTION, TRAINING, PERFORMANCE TEST AND ACCEPTANCE:

a. Upon delivery the product will be subject to inspection to verify conformance with specifications by the staff of the City of Winston-Salem

b. Any defects or failure of product to perform or comply with any requirements of the City specifications must be immediately remedied by the vendor at the vendor's own expense prior to acceptance by the City.

WARRANTY (where it applies): Bidder to include the warranty provisions as outlined in bid specifications.

TAX EXEMPTIONS: The City of Winston-Salem is exempt from Federal Excise Tax but not from State and Local Sales Tax. Sales tax should not be included in bid prices but may be added as separate items.

EVALUATION AND SELECTION OF BIDS: The evaluation of vendor bids shall center on the match between the stated specifications and other requirements included in the final bid request and the vendor's proposal including selection of the lowest responsible bidder, with consideration of past performance, service record, and reliability. The statutory provisions controlling purchasing by local governments in N. C. (GS 143) includes selection standards for use in making of awards. The provision reads, “All contracts shall be awarded to the lowest responsible, responsive bidder, taking into consideration quality, performance, and the time specified in the bids for the performance of the contract". The

City of Winston-Salem reserves the right to accept or reject any or all bids and proposals and further specifically reserves the right to make the award or awards in the best interest of the City of Winston-Salem.

All bids shall be made firm for no less than sixty (60) days.

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Proposal Form

Cohesity Network Equipment

Information Systems

Submit proposals to the following location:

US Postal Service address: or Hand-delivery or FedEx address:

City/County Purchasing Department City/County Purchasing Department

Post Office Box 2511 101 N. Main Street, 324 City Hall

Winston-Salem, N. C. 27101 Winston-Salem, N. C. 27101

BIDDERS:

The City of Winston-Salem is seeking bids for Cohesity Network Equipment per detailed specifications included in this document.

For any questions or comments regarding this bid please contact TaWanna A. Gates at (336)

747-6938 tawannag@cityofws.org cc: Tony Walters tonywa@cityofws.org mailto:tawannag@cityofws.org mailto:tonywa@cityofws.org

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Purpose

The purpose of this Request for Quote is to solicit bid responses using the part lists provided for procurement of additional data center hardware.

Requirements

• The awarded vendor Must be an authorized Cohesity reseller.

• All hardware equipment Must be new.

• The awarded vendor Must be a Cohesity Partner.

• The City will append all new hardware equipment to its existing support contract.

• Shipping charges with inside delivery must be included in the quote.

• Vendors must fill in the pricing amounts in the parts list section of the IFB.

• Shipping company must call below contact before delivery.

Shipping Address Billing Address

City Hall – Data Center Ground Floor Bryce A. Stuart Building

101 North Main Street 100 East 1st Street, Suite 520

Winston-Salem, NC 27101 Winston-Salem, NC 27101

Attention: Tony Walters 336-747-7031

The following parts list provides the desired specifications for the purchase.

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Vendors must fill in the pricing amounts in the parts list section below:

Project - Cohesity Hardware

Part Number Description Quantity Unit Cost Cost

C5066-10G-SFP-4-2

C5066-SFP Four (4) Node Block (Hardware only) 3

CS-P-C5066-10G-SFP-4-2

Premium (24x7) Support for C5066-10G-SFP-4- 2; Subject to the Cohesity Support Maintenance Terms and Conditions. 60 Month 3

CBL-10G-SFP-005-2 Cable, 10G SFP+, Twinax, 5m 24

SVC-DATAPROTECT-2

Cohesity DataProduct Service Subscription (1TB). Backup and Recovery across on prem and cloud workloads. Subscription per backend TB. 12 Month 70

SVC-REPLICA-2

Cohesity Replica or Retention Service Subscription (1TB). Includes ability to replicate data backed up using DataProtect service to another Cohesity cluster. Subscription per backend tb 12 Month 70

TR-ALLACCESSPASS-1C-2

Access to the entire curriculum for 1 instructor-led or eCourse for one (1) individual for one (1) year. Contact academy@cohesity.com for a schedule of course offerings. Access to labs for one year. Expires 365 days from PP. 12

Installation Services

Design, installation, configuration and knowledge transfer services to be delivered by a certified engineer per statement of work:

SOW TBD, Estimate only 6 Hrs.

Shipping

Total Price

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BID AUTHORIZATION AND SIGNATURE

Bids are to be signed by an officer of the company authorized to bind the submitter to its provisions. Failure to manually sign and notarize this bid form will disqualify the bidder and the bid will not be considered.

Company Telephone Number

Authorized Signature

Typed Name and Title

Address, (P.O. Box or Street) City, State, Zip E-Mail Address

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On this ___ day of _____________, 20____ before me _________________________

(name) to me personally known, being duly sworn, did execute the foregoing proposal, and did so state that he/she was properly authorized by _________________________

(Company name) SEAL to execute the proposal and did so on his/her free act and deed.

Notary Public____________________________ My commission expires __________________

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