20170803_Cisco_IDIQ_RFP_FINAL.pdf

U.S. Department of Justice

Federal Bureau of Investigation

Finance Division / Procurement Section

Federal Bureau of Investigation/

Department of Justice

CISCO Network Services

RFP No. 17-8815

Indefinite Delivery Indefinite Quantity (IDIQ)

Request for Proposal

August 4, 2017

CISCO Network Services PROCUREMENT SENSITIVE 07/07/17

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1.0 BACKGROUND – DOJ/FBI

The FBI and Rest of DOJ components (DOJ) currently jointly participate in a 5-year NASA SEWP

Delivery Order with Options (DOWO) contract vehicle that expires on 29 September 2017. The expiring DOWO allows all DOJ components to purchase on a Brand Name Sole Source basis:

1) Cisco network hardware

2) “Smart Net” maintenance for that Cisco equipment, as well as Cisco equipment purchased outside that DOWO agreement

3) “Advanced Services” engineering support

4) “Software Support Services” (SWSS) subscription licenses associated with Cisco network hardware

The FBI and DOJ plan on significantly changing the future acquisition strategy for procuring new network hardware after the expiration of the current DOWO, to conduct competitions for that new network hardware and software to the maximum extent practical. In addition, the FBI and Rest of DOJ also plan on procuring the associated recurring annual maintenance for that hardware and certain engineering services via those same competitions. Those competitive procurement actions will be conducted separately from this procurement action.

As a result of the planned competitive procurements of future network hardware, and that hardware’s associated maintenance and implementation engineering services, the FBI and DOJ require (1) Smart

Net maintenance, (2) Advanced Services engineering support, and (3) SWSS term licenses on the current installed base of Cisco hardware and certain software licenses. This IDIQ procurement is planned to fully meet those requirements.

A critical aspect of this IDIQ is that the installed base of hardware requiring maintenance and engineering support will diminish over the life of the IDIQ; therefore, certain critical “true-down” terms and conditions are required, as delineated below.

2.0 SCOPE

All DOJ components, including the FBI, have requirements to support their respective installed base of

Cisco Network and other hardware with three categories of support:

1) Cisco “Smart Net” maintenance, as specified below

2) Cisco “Advanced Services” engineering support, as specified below

3) Cisco “Software Support Services” (SWSS) subscription licenses, as specified below

The FBI has certain requirements unique from the Rest of DOJ components, and the Rest of DOJ has certain requirements unique from the FBI, as specified below.

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The FBI is the lead contracting activity for the award and general administration of the proposed IDIQ.

All DOJ components require the ability to place their own orders under the IDIQ.

The successful reseller shall provide the FBI and Rest of DOJ with a dedicated account manager(s) who will serve as primary Point of Contact and be responsible for producing reports detailing all equipment being maintained, all engineering services procured, and all SWSS licenses and maintenance procured, as described in detail below.

This is a Full and Open Competition using FAR Part 12 – Acquisition of Commercial Items.

All Offerors must be certified by Cisco as a Gold Level reseller at the time of proposal submission. The Government WILL award ONLY to a valid Cisco contract holder at the Gold

Reseller Level.

All Offerors must possess, at a minimum, a valid TOP SECRET facility clearance by the date of contract award, with SECRET safeguarding capability as authorized by a US Government agency.

Options will be exercised based on the availability of fiscally appropriated funding, past performance and continuation of need.

3.0 CONTRACT TYPE

The Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) Cisco Products and Services effort establishes a single-award Indefinite Delivery Indefinite Quantity (IDIQ) vehicle through a Brand-name Competition. Task Orders and Delivery Orders issued under the FBI/DOJ Cisco IDIQ effort will be Firm Fixed Price (FFP).

For this RFP, the term “Rest of DOJ” refers to “DOJ” less “FBI.” That is to say, “DOJ” consists of

“FBI” and the “Rest of DOJ.” Furthermore, Rest of DOJ includes Justice Management Division (JMD) and all DOJ components except for FBI, which is itself a component of DOJ.

3.1 Contract Line Item Number (CLIN) Structure

The CLIN structure for this contract shall be as stated below. Contract Type for each CLIN shall be Firm

Fixed Price.

FBI

CLIN SERVICE OR SUPPLY QUANTITY TYPE

A Smart Net Maintenance 1 FFP

C Engineering support (Cisco badged) 1 FFP

E SWSS Subscription Licenses 1 FFP

Rest of DOJ Components

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CLIN SERVICE OR SUPPLY QUANTITY TYPE

B Product Maintenance 1 FFP

D Engineering support (Cisco badged) 1 FFP

F SWSS Subscription Licenses 1 FFP

As a result of this competition, there will be a Master IDIQ initiated with a Task Order by the

FBI for CLINS A, C, and E. The IDIQ will have multiple orders, both Task Orders (any combination of lines including either CLINs C or D) and Delivery Orders (orders including only

CLINs A or C for the FBI, and B or F for the Rest of DOJ Components). The term “Order” shall be used in this RFP to refer to Task Orders and Delivery Orders.

3.2 Labor/Product Availability

Only OFFERORS with a valid, posted and verifiable CISCO Gold Membership will be eligible for consideration. Discounts, expense and overhead will be built into all rates offered to the Government.

Throughout the life of the IDIQ, the Government anticipates that labor categories and products not originally proposed in the Contractor’s price catalogue may become necessary. In such event, the

Government and the winning Offeror will enter into bilateral negotiation for pricing and any unique terms and conditions.

3.3 Minimum and Maximum Amounts

a) The guaranteed minimum for awardee of an IDIQ under this effort is $10,000,000.00 over the life of the IDIQ (up to 5 years).

b) The ceiling amount for the overall effort is expected not to exceed $250,000,000.00 for DOJ

Component usage, including FBI.

c) There is no price limit for an individual Task Order/Delivery against this effort.

d) The Government shall seek additional discounts, price reductions, spot discounts, and tier pricing/discounts before placing an order over the simplified acquisition threshold

($150,000).

4.0 SPECIFIC PRODUCT AND SERVICES REQUIREMENTS – DOJ/FBI as

specified

4.1 Requirements

Services are grouped into six sets of specific requirements:

CLIN A – FBI Smart Net Maintenance

CLIN B – Rest of DOJ Components Smart Net Maintenance

CLIN C – FBI Advanced Services

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CLIN D – Rest of DOJ Components Advanced Services

CLIN E – FBI SWSS subscription licenses

CLIN F – Rest of DOJ Components SWSS subscription licenses

The six specific requirements follow. Special note should be paid to the similarities and to the differences in unique requirements between the FBI and Rest of DOJ as pertains to Smart Net

Maintenance, Advanced Services, and SWSS subscription licenses.

A. FBI Smart Net Maintenance: The FBI requires “Smart Net 8x5 Next Business Day” (8x5

NBD) maintenance for all FBI owned Cisco hardware and associated software purchased by the FBI through 29 September 2017, whether purchased via the aforementioned DOWO contract or other contract.

The FBI Cisco equipment requiring Smart Net maintenance is anticipated to be placed in two orders initially, with terms and conditions as follows:

1. Cisco "Smart Net 8x5 Next Business Day” (NBD) Maintenance for FBI Cisco hardware and software purchased and shipped by 31 May 2017:

The first Order will be for the Excel file “FBI Cisco Hardware Shipped as of

31May2017.” The File includes all equipment which Cisco and the FBI agree the

FBI has purchased and Cisco has shipped, and the FBI has in service for the period

01 Jan 2007 to 31 May 2017, and that the FBI requires maintenance on at time of award of this IDIQ with a maintenance POP starting 01 September 2017. The file includes those line items that have a support cost, and covers the no-cost subassembly part numbers for which Cisco provides maintenance as part of the priced line items.

The first Order is anticipated to be awarded at time of IDIQ award. Maintenance includes Smart Net “8x5xNext Business Day (NBD)” support, per current Cisco support policies, including the following functions:

a. Cisco IOS Software upgrades/updates and bug fixes

b. Access to Technical Assistance Center (TAC) 24 hours x 365 days per year

c. Registered Access to Cisco Connection Online (CCO)

d. Advance Replacement Parts Delivery

The following additional terms and conditions apply specifically to this requirement:

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a. FBI Site Agreement: All Cisco network equipment currently owned by the

FBI as of 31 May 2017 is to be included in the Smart Net coverage. The

Excel pricing file “FBI Cisco Hardware Shipped as of 31May2017” represents all known equipment the FBI intends to maintain at time of base award. Cisco and the FBI agree that incidental Cisco equipment purchased by the FBI on or before 31 May 2017 and not included in the Excel file and yet to have reached its Cisco “End of Support” will be covered at no additional charge. This FBI Site Agreement term does NOT apply to Cisco hardware with ship dates on or after 31 May 2017.

b. Cisco Part Numbers excluded from the FBI Site Agreement: The FBI has deliberately excluded all instances of six Cisco “IDS” security product numbers from the FBI Site Agreement, and those part numbers and serial numbers are NOT included in the “FBI Cisco Hardware Shipped as of

31May2017” file:

i. WS-SVC-IDS2BUNK9=

ii. WS-SVC-IDS2-BUN-K9

iii. IPS-4240-K9

iv. IPS-4345-K9

v. IPS-4360-K9

vi. IPS-4510-K9

2. Cisco “Smart Net 8x5 NBD Maintenance for FBI Cisco hardware and software purchased from 01 Jun 2017 – 29 Sep 2017:

The second order will be for the Cisco equipment that the FBI purchases and Cisco ships from 01 May 2017 to 29 September 2017, with some shipments occurring after

29 September 2017, via the legacy DOWO contract or other contract. Cisco will provide to the FBI via the awardee of this IDIQ that equipment list after 29

September 2017 to be considered for award via this IDIQ.

The second order is anticipated to be awarded on or after 01 October 2017.

Maintenance includes Smart Net Support 8x5xNext Business Day (NBD) support, including the following functions:

a. Cisco IOS Software upgrades/updates and bug fixes

b. Access to Technical Assistance Center (TAC) 24x7x365

c. Registered Access to Cisco Connection Online (CCO)

d. Advance Replacement Parts Delivery

The following additional terms and conditions apply to ALL FBI Smart Net maintenance orders:

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i. Replacement of Secure Assets: All Cisco “Return Materials Authorized” (RMA) products shall be new or properly refurbished Cisco equipment, and no third party and gray market equipment will be allowed. In the event of equipment failure where an RMA is required, FBI reserves the right to retain any equipment that cannot be sanitized to National Security Standards. Replacements will still be delivered, but the defective/damaged gear may remain in FBI possession for destruction. The FBI will use Cisco’s then-current Certificate of Destruction process.

ii. Changes to Product End of Support Dates: Given the FBI is seeking Smart Net pricing for the duration of the IDIQ and Cisco may change commercial End of

Support Dates for individual product numbers, the FBI will honor cost changes commensurate with changes in End of Support Dates at the time of each Task

Order Smart Net Option Year award. Specifically, the reseller will present the

FBI with a list of End of Support Dates changed in the Smart Net line item files prior to each Option Year award, and the effective cost change due to the change in support period for those line items, which the FBI will review for associated cost changes and honor in good faith.

iii. Quarterly Smart Net True-downs: The FBI will be allowed on a quarterly basis to remove individual line items from Smart Net maintenance that have been removed from the FBI’s network and no longer require Smart Net maintenance.

The FBI will present the reseller and Cisco the list of FBI line items including

Cisco Serial Number or PAK Number prior to the 3-month, 6-month, and 9-month anniversaries of the Base or Option Award dates that the FBI is removing from Smart Net maintenance. For each item removed, the FBI will be entitled to a cost Credit in the forward quarter equal to the removed item’s

Commercial List Price less the reseller’s discount.

iv. True-Up of other Cisco Smart Net maintenance: The FBI may require to consolidate other Smart Net maintenance for Cisco hardware procured on other contracts after 29 September 2017 onto the FBI’s Smart Net annual renewal;

however, the reseller’s discount is subject to negotiation based on the legacy terms of the Smart Net maintenance being consolidated from other reseller contracts.

v. Current Commercial List Prices: Line item commercial list prices represented in the Excel file “FBI Cisco Hardware Shipped as of 31May2017” will remain in effect for the duration of the IDIQ for the purposes of the annual FBI Smart Net renewals.

The Option Year 1 Order will consolidate these two initial Smart Net Orders into one renewal order.

B. Rest of DOJ Components Smart Net Maintenance: All of the DOJ Components other than the FBI require Smart Net maintenance for their respective organizations to follow on

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Each of those DOJ Components will require one of two Smart Net levels of service:

a. 8x5 Next Business Day

b. 24x365 4 Hour Delivery

Each Component requires the ability to renew expiring Smart Net maintenance with the following terms and conditions:

i. Mix of two service levels: Each DOJ Component may require a combination of

“8x5 NBD” and “24x365 4 Hour Delivery” in its annual Smart Net maintenance renewal. Components with both types of services will require that service level to be specified at the line item level of Smart Net renewal, with commensurate commercial list pricing applied to the renewal order before discounting is applied.

ii. Replacement of Secure Assets: All Cisco “Return Materials Authorized” (RMA) products shall be new or properly refurbished Cisco equipment, and no third party and gray market equipment will be allowed. In the event of equipment failure where an RMA is required, Rest of DOJ reserves the right to retain any equipment that cannot be sanitized to National Security Standards. Replacements will still be delivered, but the defective/damaged gear may remain in DOJ possession for destruction. The DOJ will use Cisco’s then-current Certificate of

Destruction process.

iii. Quarterly True-downs: Each DOJ Component will be allowed on a quarterly basis to remove individual line items from Smart Net maintenance that have been removed from the Component’s network and no longer require Smart Net maintenance. The Component will present the reseller and Cisco the list of

Component line items including Cisco Serial Number or PAK Number prior to the 3-month, 6-month, and 9-month anniversaries of the Base or Option Award dates that the Component is removing from Smart Net maintenance. The DOJ

Component will be entitled to a cost Credit in the forward quarter equal to the Commercial List Price less the reseller’s discount.

iv. True-Up of other Cisco Smart Net maintenance: Each DOJ Component may require to consolidate other Smart Net maintenance for Cisco hardware procured on other contracts after 29 September 2017 onto the annual respective

Component’s renewal; however, the reseller’s discount is subject to negotiation based on the legacy terms of the Smart Net maintenance being consolidated from other reseller contracts.

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v. Then-Current Commercial List Prices: Rest of DOJ Smart Net annual renewals will use Cisco Then-Current Commercial List prices at the line item level in effect 30 days prior to each Rest of DOJ component’s annual Smart Net maintenance renewal as the basis of the Commercial List Price for the respective

Rest of DOJ component’s annual Smart Net renewal.

C. FBI Advanced Services: The FBI may require each of the following Cisco “Advanced

Services” as specified below:

1. “High Touch Operations Management” (HTOM)

2. “Technical Education”

3. “Technical Knowledge Library”

4. “Government Solutions Engineering” Test Lab (GSE)

5. “Classified Network Support” (CNS), for Top Secret remote support

6. “Network Optimization Services” (NOS) Subscription Services

7. “Network Optimization Services” (NOS) Transaction Services

The FBI anticipates that each of the Advanced Services it requires, with the exception of

GSE, will be ordered together at the start of the FBI base year and each FBI option year, with POPs similar to the Smart Net annual renewal, so as to ensure no break in service from one POP to the next.

The FBI will to the best of its ability notify the reseller and Cisco at least 30 days before the start of each Advanced Services recurring annual award of any intended changes in the level of NOS Subscription FTEs to better enable stability of workforce for the manufacturer and the FBI.

The HTOM services will be performed in accordance with the following Cisco standard commercial documents:

a. “Cisco Service Description: Cisco Focused Technical Support Services”

The FBI may require GSE services on an individual technical scenario basis, with multiple technical scenarios per renewal year. The FBI recognizes that GSE services are

NOT a single flat rate service per year. The FBI anticipates that if the FBI elects to purchase one or more units of GSE services, the FBI will do so as a separate order during, not necessarily at the start of the Advanced Services renewal base or option year.

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The FBI may require CNS services for its entire annual baseline of hardware supported under the Smart Net annual base or option year award. CNS services will be performed in accordance with the following Cisco standard commercial documents:

b. “Cisco Classified Network Support”

The FBI requires two special terms and conditions for CNS services:

i. Quarterly True-downs of CNS: Commensurate with Requirement “A 2 ii”

Quarterly Smart Net True-downs, in the event the FBI conducts a quarterly Smart

Net True-down, the FBI requires a similar update to CNS costs, given CNS costs are based on Smart Net total commercial list costs less the reseller’s discount.

The FBI will be entitled to a CNS Credit in the forward quarter equal to the

Commercial List Price for CNS less the reseller’s discount.

ii. True-ups of CNS: The FBI may require to add Cisco hardware to the CNS annual base renewal based on Cisco hardware purchases made after 29 September 2017 on other contract vehicles. The FBI requires CNS pricing and discounts for additional hardware being added to the CNS to be commensurate with the base

CNS renewal.

The FBI may require NOS Subscription Services for multiple 12-month Full-time

Equivalent (FTE) personnel. Those personnel will perform work in accordance with the following Cisco standard commercial documents:

c. “Cisco Service Description: Network Optimization Service”

d. “Cisco Service Description: Cisco Software Support Service”

e. “Cisco Service Description: Data Center Optimization Services”

f. “Cisco Service Description: Cisco Security Optimization Service”

The FBI intends and will to the best of its ability provide detailed prioritization of specific taskings for the NOS Subscription FTEs at the time of the award and during the POP of the NOS Subscription services.

The FBI requires at a minimum “Quarterly Business Reviews” (QBRs) at FBI

Headquarters during the NOS FTE engagements.

The FBI may require additional NOS Transaction Services to be bid against specific

Advanced Services Statements of Work (Advanced Services Transaction SOWs) on a fixed price basis, which may be awarded separately from annual recurring Advanced

Services renewals. Pricing will be based on the negotiated FFP Bid Hours at the

NOS Transaction Services discounted hourly rate in the reseller’s proposal.

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D. Rest of DOJ Components Advanced Services: Individual DOJ Components other than the

FBI may require each of the following Cisco “Advanced Services” as specified below:

1. “High Touch Operations Management” (HTOM)

2. “Technical Education”

3. “Technical Knowledge Library”

4. “Government Solutions Engineering” Test Lab (GSE)

5. “High Touch Technical Services” (HTTS), for Unclassified remote support

6. “Network Optimization Services” (NOS) Subscription Services for

Unclassified networks

7. “Network Optimization Services” (NOS) Transaction Services for

Unclassified networks

Individual Rest of DOJ Components other than the FBI may require any of the above Advanced Services on schedules to be determined, and requires reseller discounts commensurate with the FBI, taking into account that the FBI requires cleared personnel and Rest of DOJ does not.

The Rest of DOJ anticipates NOS Subscription Services and NOS Transaction Services to be the most commonly required Advanced Services, and requires the following special terms and conditions.

NOS Statements of Work: Rest of DOJ Components may prepare specific Statements of Work in lieu of Cisco Service Descriptions used by the FBI, for both NOS

Subscription Services and NOS Transaction Services.

DOJ Discounts for NOS Transaction Services: Rest of DOJ Components may require additional NOS Transaction Services to be bid against specific Advanced Services

Statements of Work (Advanced Services Transaction SOWs) on a fixed price basis, which may be awarded separately from annual recurring Advanced Services renewals. Pricing will be based on the negotiated FFP Bid Hours at the NOS

Transaction Services discounted hourly rate in the reseller’s proposal.

E. FBI SWSS Subscription Licenses: The FBI requires SWSS subscription licenses for all

Cisco SWSS services purchased by the FBI through 29 September 2017, whether purchased via the aforementioned DOWO contract or other contract.

The FBI software maintenance is anticipated to be placed in two orders initially:

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1. The first order will be for the Excel file “FBI Cisco Software Purchased as of

31May2017.” The File includes all software owned and under maintenance by the FBI as of 31 May 2017, for which the FBI requires maintenance at time of award of this

IDIQ, with a POP starting on 01 September 2017.

2. The second order will be for the maintenance for the Cisco software the FBI purchases from 01 June 2017 to 29 September 2017 via the DOWO contract or other contract.

Cisco will provide to the FBI via the awardee of this IDIQ that equipment list after 29

September 2017 to be considered for award via this IDIQ. The second order is anticipated to be awarded on or after 01 October 2017.

The Option Year 1 Order will consolidate these two initial SWSS Orders into one renewal order.

F. Rest of DOJ Components SWSS Subscription Licenses: The Rest of DOJ Components may require SWSS maintenance for all Cisco Software perpetual and term licenses purchased by those components through 29 September 2017, whether purchased via the aforementioned DOWO contract or other contract.

The DOJ reserves the right to negotiate directly with the manufacturer to obtain additional discounts.

Nothing in this RFP should be interpreted to limit the government's rights or intents to procure network products or services from other manufacturers.

4.2 Network Servicers – DOJ/FBI

ON- SITE AND OFF–SITE

All network engineers for all Advanced Services personnel are required to be Cisco Badged

Engineers.

All Advanced Services personnel performing work for the FBI must possess a current, active

Defense Industrial Security Contracting Office (DISCO) Top Secret Clearance (See

SECURITY REQUIREMENTS section). The ability to obtain an SCI clearance may be needed in the future.

Offsite and technical support engineers are not required to possess clearances, but may in order to support the FBI.

5.0 GOVERNMENT FURNISHED INFORMATION / EQUIPMENT / SOFTWARE:

The Government will provide a typical working environment, including office furniture and furnishings, storage for materials, and access to copiers, fax machines, personal computers (PCs), telephone and related software.

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6.0 DELIVERABLES

The Contractor shall deliver the following to the Contracting Officer Representative (COR):

1) Annual Project Plan – The Contractor shall deliver an Annual Project Plan within 15 business days after the beginning of each IDIQ Period of Performance for review. This document shall explain how and when the Contractor shall manage all tasks and resources in support of the award. The Contractor shall outline how it will manage security, non-disclosure, and organizational conflict of interest concerns. In addition, the PP shall identify key personnel; list the point of contact and lines of authority for the contract. It may be submitted in the Contractor’s format and updated intermittently throughout the year to adjust for changes as necessary.

Approval of the document by the COR within 15 days is required annually, and when any change to a deliverable due date is proposed.

2) Monthly Order Report – The Contractor shall deliver a Monthly Order Report 10 business days after each calendar month to the FBI COR and JMD COR, in Microsoft Excel, to identify each order with a minimum of the following information per order:

1. DOJ Component

2. DOJ Component CO name

3. DOJ Component COR name

4. Purchase Order number

5. Purchase Order date

6. POP

7. Smart Net Cost

8. Advanced Services Cost

9. SWSS Cost

10. Total Cost

The Report shall be a Cumulative Report for the duration of the IDIQ.

The Contractor shall maintain a repository of the line item details of each order to include at a minimum the following, accessible to designated COs and CORs associated with IDIQ orders:

1. Smart Net Orders: An Excel file with the following data elements/columns:

a. Cisco Product Number

b. Cisco Serial Number/PAK Number

c. Quantity

d. Commercial Annual List Price

e. Extended Commercial Annual List Price

f. Last Date of Support

g. Ship Date

2. Advanced Services: Final SOWs and associated project plans and schedules associated with each Order.

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3. SWSS Orders: An Excel file with the following data elements/columns:

a. Cisco SWSS Item Name

b. Cisco Instance Number

c. Quantity

d. Commercial Annual List Price

e. Extended Commercial Annual List Price

f. Last Date of Support

g. Ship Date

3) DOJ Quarterly Program Review – The Contractor shall publish an agenda prior to the Quarterly

Program Review identified in Section 14.1, and publish minutes and actions after each Quarterly

Program Review.

4) FBI Advanced Services Quarterly Business Review – The Contractor shall publish an agenda prior to the FBI Advanced Services Quarterly Business Review identified in Section 4.1C, and publish minutes and actions after each Quarterly Program Review.

7.0 PERIODS OF PERFORMANCE

The Government anticipates a one (1) year base Period of Performance (POP) with four (4) exercisable option years for this IDIQ for a total of 5 years as follows:

Base Period 01 Sep 2017 – 31 Aug 2018 (12 months)

Option Year 1 01 Sep 2018 – 31 Aug 2019 (12 months)

Option Year 2 01 Sep 2019 – 31 Aug 2020 (12 months)

Option Year 3 01 Sep 2020 – 31 Aug 2021 (12 months)

Option Year 4 01 Sep 2021 – 30 Sep 2022 (13 months)

The Government anticipates the FBI will make awards for recurring annual Smart Net, Advanced

Services, and SWSS orders according to the following schedule:

Base Period 01 Sep 2017 – 31 Mar 2018 (7 months)

Option Year 1 01 Apr 2018 – 31 Mar 2019 (12 months)

Option Year 2 01 Apr 2019 – 31 Mar 2020 (12 months)

Option Year 3 01 Apr 2020 – 31 Mar 2021 (12 months)

Option Year 4 01 Apr 2021 – 31 Mar 2022 (12 months)

The Government anticipates Rest of DOJ components will make awards for recurring annual Smart Net, Advanced Services, and SWSS orders according to their expiring legacy contract POP dates. Those

POP dates vary by component.

All options may be exercised by the Government unilaterally, and are contingent on the availability of fiscal funding, continuation of need, and satisfactory Contractor performance.

Resulting Order POPs may have end dates beyond the end of the IDIQ as long as start dates are on or before the last date of the IDIQ POP, that is 30 September 2022.

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8.0 PLACE OF PERFORMANCE

There is no single primary place of performance, however it is anticipated that the vast majority of services will be required at the J. Edgar Hoover Building in Washington DC or other facilities within the

Washington DC metropolitan area. All vendor work shall take place within the FBI’s core hours which are 0600 to 1800 Eastern Time, unless changed by mutual agreement of the parties. The Contractor may also be tasked with providing onsite work at alternate DOJ locations (i.e., Quantico, VA, Clarksburg, WV, Pocatello, ID, etc.) within the Continental United States, Hawaii, Alaska, and U.S. Territories as required by individual Task Orders. Locations where Contractor personnel shall work will be provided in individual Task Orders. Individual Task Orders may allow for work at the Contractor’s site or establish other work site considerations as required, as such the necessary form, DD254, needs to be documented correctly to reflect multiple sites.

9.0 INVOICING

a) All invoicing shall occur at the Order level. Invoicing will be accordance with the following payment rules:

a. Smart Net Maintenance: Payment in full upon receipt of order

b. Advanced Services, except Transactional Services: Payment in full upon receipt of order

c. Advanced Services Transactional Services: Upon completion of work, or completion of contractual milestones per the approved Statement of Work

d. SWSS: Payment in full upon receipt of order

b) For FBI ONLY, invoices are to be sent to Central_Invoices@ic.fbi.gov.

Rest of DOJ Orders will provide specific invoice delivery instructions. It is the Contractor’s responsibility to review each Purchase Order for invoice contact. Delays resulting from improper routing of invoices by the Contractor will not incur late penalties. The ordering customers maintain responsibility for review, validation and approval of all contractor submitted invoices. Once reviewed by the Technical Lead (TL), invoices will be forwarded to the COR by the customer for payment processing. Contractors may follow up with the COR if invoice payments are past due only after following up with the ordering customer.

Contractors must include basic information with their invoices in order to have them processed in a timely manner. The COR and TLs may require information not detailed here and the Contractor shall comply with such reasonable requests. Failure to provide this data may result in delays or non-payment. Delays in payments due to invalid or unacceptable invoicing will not entitle the Contractor to Late Payment Penalty Fees. Specific information required is listed below:

Name of contractor

Invoice date – must coordinate with submission date

Start and end date of billing period being invoiced mailto:Central_Invoices@ic.fbi.gov

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IDIQ Number, Purchase Order Number, and Award Date

Vendor invoice number, account number, and/or any other identifying number agreed to by the IDIQ

Description: Smart Net and SWSS Orders may reference final Excel Line Item Price

Sheet; Advanced Services Orders must specify each line item from the Order

Banking information necessary to facilitate an Electronic Funds Transfer (EFT) payment

Invoice inquiry contact name, title and telephone number

Dun and Bradstreet, Inc. Data Universal Numbering System (DUNS) number

Small Business Self-Certification for Accelerated Payment

List CLIN the invoice line item is associated with

The Contractor shall submit invoices in accordance with the terms provided in each individual

Order. If no instruction is provided, Contractor shall mail or email to the COR as directed in the

Purchase Order comments.

All invoices are due to the COR no later than the 5th day of the month following service or delivery.

IDIQ Monthly Reports are due to the CO and COR no later than the 15th day of the month following service or delivery.

10.0 TRAVEL

a) Contractor personnel may be required to travel in order to support work required under individual Task Orders. Unless otherwise allowed by the Government, the Contractor shall conduct all travel required in accordance with Federal Travel Regulations rates and procedures, shall have written approval from the customer and COR prior to travel, and travel detail shall accompany the invoice in which billed for verification of charges. Necessary documentation include:

a. Excel spreadsheet with individual travel costs and an overall total of travel

b. Copy of boarding pass and receipt associated with flight

c. Copy of receipt for the one (1) bag allowed on flight

d. Receipt for car rental

e. Receipt for taxi

f. Hotel receipts

g. Parking receipts

b) Unless otherwise specifically allowable on individual Task Orders, Contractor personnel will not be reimbursed nor shall bill for time, mileage or transportation to and from their assigned working facility. Billable time for all Task Orders awards begins when staff report to assigned duty station daily.

c) Contractors shall not bill for or be reimbursed for travel of less than fifty (50) miles. Only the

CO may provide approval for reimbursement for travel of less than fifty miles and shall only do so in writing. Travel in excess of fifty (50) miles is reimbursable; however, the contractor

17 | shall not be reimbursed for the first fifty (50) miles, unless approved in advance by the CO.

11.0 DELAYS

FAR 52.212-4(f) dictates the Governments course of actions if the Contractor Fails to meet deadlines established under IDIQ or during the execution of the IDIQ.

Consideration for delays shall be approved bilaterally by the Government and Contractor. The approved consideration shall be documented and may include, but not be limited to price or schedule considerations or termination. All orders placed against this IDIQ shall be booked with the manufacturer within 3 business days of receiving the order (Purchase Order) from the Government.

12.0 SPECIAL REQUIREMENTS

12.1 FBI Security Regulations

The Offeror must satisfy all requirements outlined in the “Security Requirements” document attached to the RFP. Offeror must meet all criteria stated in these regulations prior to award. All security requirements flow down to all subcontractors upon award. This includes completing the Risk

Assessment Questionnaire and Key Management Personnel List (KMPL) for the prime Offeror and all proposed subcontractors. Submission of these documents should include identification of the Quotation number RFQ0018228, name of the assigned CO, and certification of the accuracy of the provided information by an Executive Management Official of the company. Providing false information shall be cause for default under the default clause. In addition, Offeror shall be required to have personnel complete Non-Disclosure Agreements and Warrantless Search Agreements.

12.2 Registration and Tax Requirements for Offeror and Subcontractors

For any work performed on-site at any DOJ facility Offeror shall be responsible for obtaining a City

Business License as applicable, in order to meet Business and Occupation Tax obligations. For this requirement, Clarksburg, WV is an applicable City and State. The Government shall not see a direct expense for any taxes.

12.3 Mandatory Financial Reporting of Services Provided but not Reimbursed

As a result of the Federal Financial Management Act of 1996, the DOJ is required to account, on a fiscal year basis, for the cost of services performed by a prime contractor for which reimbursement has not been made.

In order for the DOJ to meet this financial reporting obligation, the prime contractor shall notify the DOJ of their estimate of costs incurred for services rendered, under the terms of this contractual agreement, for which reimbursement has not been received. This notification shall be provided to the CO for the period ending March 31. The due date for providing this notification is March 5.

This notification is for informational purposes only and does not preclude the prime from submitting proper invoices, for work performed, in accordance with the terms and conditions of the contractual agreement.

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12.4 Indemnification

a) Responsibility for Government-owned or -leased Property and Equipment

During IDIQ performance, the Contractor shall be responsible for all negligent acts or omissions of its employees or agents or the employees or agents of its subcontractor(s). In this regard, the contractor shall, at no cost to the Government and at the Government's option, replace or compensate the Government for any damage to or loss of Government-owned or -leased property caused by such negligent acts or omissions.

b) Responsibility for Contractor or Third Party-owned or -leased Property and Equipment

The contractor shall indemnify the Government against any and all liability claims for loss or damage to any Contractor owned or leased property occurring as a result of negligence or omissions by employees or agents of the contractor or its subcontractor(s) in connection with the performance of work under the terms of this IDIQ.

c) Responsibility for Property and Equipment Damaged or Lost through no fault of the

Contractor or the Government.

Property damage or loss that occurs through no fault of either the Contractor, its subcontractors or agents or the Government shall be the responsibility of the party holding title to or having leased the property.

12.5 Prohibition against Soliciting and Performing Personal Services

a) The performance of personal services under this contract is strictly prohibited.

b) Personal service contracting is described in Section 37.104 of the Federal Acquisition

Regulations (FAR). There are a number of factors, when taken individually or collectively, which may constitute personal services. Each contract arrangement must be judged in light of its own facts and circumstances, but the question relative to personal services is: Will the Government exercise relatively continuous supervision and control over the contractor personnel performing this contract?

c) The government and the Contractor understand and agree that the support services to be delivered under this contract are non-personal services in nature, that is, no employer-employee relationships exist or will exist under the contract between the government and the contractor or between the Government and the contractor’s employees.

d) Contractor personnel under this contract shall not:

1) Be placed in a position where they are appointed or employed by a Federal employee, or are under the supervision, direction, or evaluation of a Federal employee.

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2) Be placed in a Federal staff or policy making position.

3) Be placed in a position of supervision, direction, or evaluation over DOJ personnel, or personnel of other contractors, or become a part of a government organization.

e) Employee Relationship

1) The services to be performed under this contract do not require the contractor or its employees to exercise personal judgment and discretion on behalf of the government.

2) Rules, regulations, direction, and requirements which are issued by DOJ management under their responsibility for good order, administration, and security are applicable to all personnel who enter a Government installation. This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.

3) The Contractor shall immediately advise the Contracting Officer if the contractor or its employees are directed by any Government employee to perform work that the Contractor believes constitutes personal services.

f) Contractor Management Responsibility

The Contractor shall appoint a designated Account Manager (AM), supervisor/manager, who will be the contractor’s authorized representative for technical and administrative performance of all services required hereunder. The designated AM shall provide the single point of contact through which all contractor/government communications, work, and technical direction shall flow. The designated AM shall receive and execute, on behalf of the Contractor, such technical direction as the CO and/or COR may issue within the terms and conditions of the contract. All administrative support of contractor technical personnel required to fulfill the tasks assigned under this contract shall be the responsibility of the contractor.

12.6 Government Closings

There may be incidents due to holidays and national or natural events that result in closing of

Government and/or DOJ Facilities where contractor personnel are assigned. The Contractor may not bill for these closings, nor have any expectation of reimbursement for time not worked, unless the Customer in writing has identified contractor personnel as Key. During Government liberal leave conditions, Contractor personnel are solely responsible for determining the risks to personal safety determining whether to report for duty. If the Government and/or the DOJ is closed due to holidays and national or natural events, Contractor staff may be afforded the balance of time within the pay period to make up lost time. Working outside of normal Customer established hours will be approved by the Customer in writing.

12.7 Observance of Legal Holidays and Excused Absence

The Contractor must establish a standard holiday schedule for on-site personnel that exactly coincides with the Government's schedule for employees working on a Government site. Holidays observed are

20 | listed below. Holidays and other non-work days are not billable unless work is requested by the

Government in writing and performed on these days. The following is a list of Government holidays:

1. New Year's Day

2. Martin Luther King's Birthday

3. Washington's Birthday

4. Memorial Day

5. Independence Day

6. Labor Day

7. Columbus Day

8. Veteran's Day

9. Thanksgiving Day

10. Christmas Day

11. Inauguration Day (every fourth year in Washington, DC metro area)

No work shall be performed by Contractor personnel on Government facilities on Federal holidays or other non-work days without prior written approval of the COR. Work performed on holidays, weekends or other non-work days shall be billable only if/when deployed by the Government Customer.

There are certain types of irregularly occurring circumstances that prompt the Government to close its offices where Contractor personnel are working, either on a national or local basis (i.e., bomb threats, inclement weather, power outages, death of a national figure, or funding lapses). Contractor staff shall not work if the Government is closed, unless otherwise authorized by a fully executed Task Order or the

Contracting Officer. Non-work due to the Government closing its facilities is not an expense directly reimbursable to the Contractor. However, in those rare instances when the Government operations are curtailed for the balance of a workday that has already commenced, the Contractor may bill for the balance of the scheduled workday with the written acknowledgment of the COR and final approval of the

Contracting Officer.

13.0 ADMINISTRATION – DOJ/FBI

13.1 IDIQ Administration

IDIQ and Order administration will be performed in accordance with FAR Part 42 – Contract

Administration and Audit Services to the extent that they apply to the IDIQ.

13.2 Contracting Officer – FBI and Master IDIQ

The “17-8815 Cisco IDIQ” CO listed below is the only appointed authority to bind the Government to the extent of the authority delegated. Direction that will modify the scope, schedule, terms and conditions, funding, or any other action that may modify the agreement as originally entered into with the

FBI must be given only by the CO. Contact information for the CO is provided below.

Ms. Harriett Williams

Phone: 304-625-2183

Fax: 304-625-5391

Email: hlwilliams2@fbi.gov mailto:hlwilliams2@fbi.gov

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Federal Bureau of Investigation

1000 Custer Hollow Rd, Module E-3

Clarksburg, WV 26306

13.3 Contracting Officer’s Representative – FBI and Master IDIQ

The “17-8815 Cisco IDIQ” CO will appoint an FBI Contracting Officer’s Representative (COR) to help provide administration and management support of the work to be performed under the IDIQ. The

Contractor shall coordinate all post-award actions and IDIQ deliverables with the COR and CO. Contact information for the COR is provided below.

TBD

The COR is not authorized to change any of the terms and conditions of the IDIQ. The Contractor is advised that only the CO can change or modify the IDIQ terms or take any other action which obligates the Government. Such action must be set forth in a formal modification to the IDIQ or individual Task

Orders. The authority of the COR is strictly limited to him/her, without re-delegation, to the specific duties set forth in his/her letter of appointment. Contractors who rely on direction from other than the CO or COR acting outside the strict limits of his/her responsibilities as set forth in his/her letter of appointment do so at their own risk and expense. Such actions do not bind the Government contractually. Any contractual questions shall be directed to the CO.

13.4 IDIQ Account Manager

The Contractor shall provide a single point of contact to the CO and COR for the IDIQ process and to oversee all awarded Task Orders. The Contractor shall designate an Account Manager (AM) to serve as the single point of contact. The designated Account Manager shall manage and coordinate activities including the physical delivery of the equipment, and all service-delivery activities, such as scheduling of site visits, and coordinating and scheduling site installations. The Contractor shall adhere to industry best practices for all work performed. The PM shall not be direct billed to the effort.

The Contractor single point of contact, shall be designated as “Key Personnel.” Key Personnel duties shall be performed at the contractor facility or on-site as required. The Government deems these positions as critical to the performance of work under this contract. Any proposed substitutes for the individuals occupying this position shall possess qualifications equal to or superior to those of the key personnel being replaced. The inability of the Contractor to provide personnel with equal to or superior qualifications of the key personnel may result in termination of the contract. At a minimum, the individuals occupying the position listed below are considered key personnel for the duration of this contract. The Contracting Officer may at his/her discretion add to this list.

a) Dedicated Account Manager

The Contractor shall provide a dedicated Account Manager to lead the overall execution of the

Contractor's and subcontractor’s activities under this IDIQ and to serve as the primary management point of contact. The Dedicated Account Manager shall ensure that the overall objectives of the IDIQ

22 | are met; that all Contractor and subcontractor staff understand and work toward the objectives defined in the Task Orders; adhere to the Contractor’s Quality Assurance and Quality Control Plan; that all services tasks are staffed by appropriate, highly qualified personnel; and all program issues (be they support, or other category) are supervised and coordinated within the Statement of Work.

b) Key Personnel Requirements. All key personnel are subject to the following requirements:

1) Replacement is subject to the prior written approval of the Contracting Officer.

2) Requests for replacement shall include a detailed resume describing the qualifications of the individual(s) proposed. Proposed individuals shall meet all of the qualification requirements cited in this contract.

3) Contractor proposals to replace any key personnel shall be submitted in writing to the

Contracting Officer at least thirty (30) days in advance of proposed replacement , and are subject to the approval of the Contracting Officer or his/her designee, including approval of proposed replacement.

14.0 SPECIAL IDIQ REQUIREMENTS

14.1 Program Review Requirements

The Contractor shall attend at a minimum, Program Review with the FBI CO and COR, and other DOJ

Component CO and CORs every three months. These reviews may be held at the FBI, JMD or

Contractor facility. Agenda items may include, but are not limited to: IDIQ Status, Order performance, projected business volume forecast, upcoming opportunities, FBI and DOJ component inventory changes, improvements and any other outstanding issues. Program Reviews and resulting reports shall be conducted at no additional price to the Government.

14.2 If Applicable Accelerating Agency Payments to Small Business Contractors --

Office of Management and Budget (OMB) Policy Memorandum 11-32 (SEP 2011) – DOJ/FBI

It is the policy of the Executive Branch that agencies shall exercise their Prompt Payment Act (PPA) authority, to the full extent permitted by law, to establish an earlier, accelerated date for their making of payments to small business contractors. To the extent practicable, federal agencies shall establish a goal of paying small business contractors within 15 days of receiving proper documentation, including an invoice for the amount due and confirmation that the goods or services have been received and accepted by the Federal Government. At the same time, agencies need to ensure expeditious processing throughout

(including in inspection and acceptance) to facilitate prompt payment to small businesses, while also maintaining necessary internal controls.

14.3 Orders

a) This is an IDIQ for the types of supplies and/or services specified in Section 4. The total value of supplies and services specified in Section 4 are estimates/ceilings for Section 17 attachments and are not purchased by this IDIQ.

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b) Performance shall be as authorized by the Order issued in accordance with the “Ordering

Procedures” clause.

c) Except for any limitations on quantities in the Order…