Questions_and_Answers_USCA19R0004.pdf

# Questions Government Response 1 Please advise on how to submit a proposal? Please see Proposal Instructions in Provision L.1 - General Instructions in Section L of the solicitation.

I am hoping to find out if there is an incumbent contractor currently performing these services, if similar services have been performed in the past, or if this is a new requirement. If there is an incumbent, could you please provide the contract or task order number?

This is not a new requirement. There are currently six IT Hardware BPAs that cover the products and services in the solicitation. The information on the current BPAs along with the incumbent contractors is below:

1. USCA13B0012 - Apple Products and Services - Mac Business Solutions, Inc. (DUNS: 609950084)

2. USCA13B0011 - CISCO LAN Products and Services - Red River Computer Company Inc. (DUNS: 933678708)

3. USCA13B0009 - Dell Products and Services - Intelligent Decisions (DUNS: 618563720)

4. USCA14B0016 - HP Computers and Printers - CDW-Government LLC (DUNS: 026157235)

5. USCA14B0029 - Video Teleconference Equipment (Polycom VTC) - Iron Bow Technologies, LLC (DUNS: 827714507)

6. USCA14B0025 - Video Teleconference Equipment (Cisco VTC) - Red River Computer Company Inc. (DUNS: 933678708)

Would you consider quote from Premier partners (Prime) if they team up with Gold certified partners (sub)?

No. The Government will not consider proposals that do not conform to the requirements in the solicitation. The Prime must be the holder of the certifications, as stated in Section C under C.5.1, "The BPA holder (except when the BPA holder is the OEM) shall maintain the following certifications for the relevant OEM products they are providing under their BPA." For Cisco, the prime must be Certified Cisco Gold.

Can we submit pricing schedule only from some manufacturers and not all 5? Yes, a vendor is not required to submit proposals in response to each OEM category in the solicitation. Vendors may choose one or more OEM categories to propose against, at their discretion and in accordance with the solicitation.

Would the Government consider adding the following categories of Cisco manufactured products to the BPA Cisco pricing tables? Doing so will allow the delivery of complete solutions to meet the future needs of US Courts, while pricing these categories to maximize the discount for US Courts.

No, the Government does not consider those services ancillary to the purchase of the hardware and equipment under this BPA and so we cannot consider adding those product categories.

It is said that it is a GSA 70 opportunity however I do not see it posted on 70. Would you be able to advise which SIN on 70 it is under?

No, this is not a FAR based requirement. A link to the regulations governing this requirement can be found at http://www.uscourts.gov/procurement.aspx.

In Section L. 1.1. Under e, states “dated no earlier than solicitation date in Box 6 on Page 1” Box 6 references Requisition Purchase Number and Box 5 references an issue date. Should this actually refer to Box 5?

Yes, this is referring to Box 5. Please see Amendment 0001 to the solicitation that changes the language under Section L to correct this instruction.

Under each OEM Specific BPA will there be multiple partners awarded or one single partner per BPA per vendor?

There will be a single award BPA to one vendor for each OEM category. There will be five awards in total, though it is possible that a vendor may win more than one award.

Will Small Business be taken into an account when the awards are made for the BPA’s? No. Small business will not be taken into account for any of the BPAs. Please note that this is not a FAR based procurement.

What are you looking for in tracking orders? Please refer to Section C, C.5.3 and C.5.4 for information on what needs to be provided for tracking orders.

Please clarify place order, do you mean a purchase order number input in the portal and we are then authorized to purchase and ship the items or do you mean you input an item and then issue a PO to purchase and ship the item?

Place order means that the order has been accepted by the BPA holder. Acceptance of an order is described in Section G.1. The solicitation provides two methods for orders, by purchase order and by Government purchase card:

1. For a purchase order, the ordering unit will need to provide a signed purchase order to the BPA holder whom may then accept the order. Promise of a purchase order or a purchase order number is not an actual order as the signed purchase order by an authorized individual from the Judiciary is required. The purchase order will need to comply with Section G, related to ordering.

2. For a Government purchase card, the order may be submitted through a portal, fax, email or by phone but the order still will be required to comply with the terms as specified in Section G related to ordering.

Do you use an integrator currently to process orders between portals? No. The Government currently does not use an integrator, nor is there a requirement for an integrator to process orders between portals. For this requirement, the vendor will host and run their own portal for tracking orders. Specific reports will be required to be provided to the Government once a BPA holder has received an order, per Section C in the solicitation.

Please clarify Section C5.4.B regarding EOL items When a vendor is notified that a product is going end of life (EOL), they are required to do two things per Section C.5.4.B:,

1) Update their portal to provide ordering officials with information about the EOL status, and

2) provide the Government's BPA COR with advanced notice of 30 days or more before the product goes EOL. Please see Amendment 0001 that clarifies this.

What order tracking information are you looking for on the portal? The Government is not dictating means and methods; however, the vendor should note the requirements under Section C, C.5.3, C.5.3.A, C.5.4 and

C.5.4.A. Also, please reference Section G, G.1, and the information required with orders.

Is manual input acceptable? The Government is not dictating means and methods; however, the Offeror should note the requirements in Section C regarding the information that needs to be provided to ordering officials.

If product is not available for immediate delivery do you expect lead times on all manufacturers products?

Lead times are only allowed if the product is on backorder and will not meet the 45 day delivery timeframe.

17 Are you expecting to use any punch-out capabilities? No.

18 Can refurbished equipment be provided? No. As stated in the solicitation, in Section C, C.5.5, all hardware and equipment to be provided must be new.

We are unsure what products in Attachment J2 and J5 are being requested for purchase.

Attachment J5 in particular only seems to reference various Discount Categories. Can you please provide additional details as to what products are being requested? Do you have any Cisco or Polycom part numbers?

These categories were provided by the OEMs as standard product categories in the case of Cisco and standard discount categories in the case of Polycom. Please contact the OEMs for more information on what these categories entail.

Separating Cisco Combined Services support (i.e. HTOM Support and Advanced Services) and Cisco SMARTnet Services would enable Offerors to provide the Court more advantageous pricing. We recommend dividing CLIN 010 into two CLINS as discount rates do vary between these service types..

The Government does not consider Advanced Services ancillary to the purchase of the hardware and equipment under this BPA and so we cannot separate CLIN 0010.

Regarding L.1.1f: Several of the OEMs have stated they do not provide copies of certificates or actual certificates for authorizations. With that being said, if the letter of good standing from the OEM states the partnership level and authorizations held and they meet the requirements addressed in the solicitation, will that be enough for the response to be technically compliant?

Yes, please see Amendment 0001. The letter of good standing will be considered acceptable to meet the requirements so long as it clearly shows the certifications held by the vendor and those certifications match the requirements in Section C.5.1 of the Solicitation.

Now that Polycom and Plantronics are the same company, will Plantronics products be a part of Polycom BPA as well?

No, there is no requirement at this time for Plantronics product categories.

Since printers were a part of the original HP BPA and has been removed from this version, what is the plan for printer procurement in the future? Is there going to be a separate printer/scanner contract?

There is no information that can be provided at this time.

Would the A.O. be willing to add implementation, design, and management services to the RFQ for each vendor?

The Government does not consider those services ancillary to the purchase of the hardware and equipment under this BPA and so we cannot add them to the product categories.

C.5.5.- Can the A.O modify the language “Hardware and equipment provided shall be new.

Replacement parts shall be new, warrantied and guaranteed” to “Replacement parts shall be new, or certified to new by the OEM, warrantied and guaranteed” as the majority of the OEMs on this BPA utilize certified to new parts to fulfill warranty repairs.

No, the Government will only accept replacement parts that are new. If the product is end of life (EOL) and/or new parts are not available, then the BPA Holder is expected to provide a replacement product of equal quality or better.

Reference Dell’s Pricing Table – CLIN 008 Warranty and Services: Dell’s warranty is included within the price of the system and is not priced separately, so can the A.O please remove the warranty requirement from CLIN 0008?

No, the Government cannot remove the warranty requirement from CLIN 0008.

Reference Dell’s Pricing Table – CLIN 0009 Warranty and Services: Will the A.O. please expand the definition of services to include Training, Professional Services, Non Tiered services, and other non-professional services such as CFI/CFS, KYHD, ARS, and Delivery on Demand.

The Government does not consider those services ancillary to the purchase of the hardware and equipment under this BPA and so we cannot add them to the CLIN 0009 product category.

Reference Section D – Packaging and Marking: Will the A.O please provide Clause 2-45 so we can review the packaging and marking requirements?

Please see this link for the full text of the clauses and provisions: https://www.uscourts.gov/sites/default/files/vol14-ch01-appx1b.pdf

The Judiciary's procurement regulations can be found at: https://www.uscourts.gov/rules-policies/judiciary-policies/procurement-policies

C.5.2.c - “coordinate and ensure delivery of the product professional services to both CONUS and OCONUS locations” Please identify what professional services are required? Such services are not referenced anywhere else in the RFP nor is there any place to price such services. If such services are required please detail the nature and scope. Also, please clarify how they are to be priced on the BPA? If they are not required, please consider removing this clause from the RFP

Professional services are outside the scope of this BPA. C.5.2.c is referring to warranty services and technical support services that may be procured with certain hardware. Please see Amendment 0001 as the language has been updated to refer to ancillary services.

C.5.6 - Notifications of the sort required in this paragraph are performed by the OEM as part of on-going warranty and maintenance provisions. The BPA holder can act as liaison with the OEM as necessary, but will not be responsible for delivering notifications for bugs, updates, errata and revisions

The OEM may provide that information to the Government but it is the BPA holder's responsiblity under C.5.6 to pass on that information to the Judiciary in a timely manner.

C.5.8.a.j- Please clarify what constitutes “acceptance”? Is there a formal acceptance process? If so, what does it include? If not do we assume acceptance takes place on the date of delivery?

Please see the solicitation in Section G, G.1., where it describes acceptance of orders. Also, please reference Section F, Clause 2-25A, related to Delivery Terms and Contractor's Responsibilities.

Please see this link for the full text of the clauses and provisions: https://www.uscourts.gov/sites/default/files/vol14-ch01-appx1b.pdf

C.5.8.b.c - The status of partial shipment is included as a reporting line item. Can we assume that partial shipments and invoices are acceptable under the terms of these BPAs?

Normally, full shipment and invoicing is expected. In certain cases such as a large order with a backordered product, a partial shipment/invoice may be considered acceptable so long as the vendor has confirmed with the ordering unit that this is acceptable. The acceptability is based on the terms of the order placed, the reasons that full shipment was not possible and whether partial shipment and invoicing is acceptable to the ordering unit.

E.1 - Please verify that the SLA for Invoice submission is 30 days after the government receives products; not 30 days after BPA holder receives a purchase order from the government. Otherwise this SLA would conflict with the 45 day delivery SLA found in D.1 and stipulated in “on-time product delivery”

Please see Amendment 0001, the SLA has been amended to show that invoice should occur within 30 days after delivery of the order.

Pricing is established as a discount from OEM list price. Please verify that pricing on the BPA is subject to increases and decreases if the OEM changes the list price

The pricing for each item (no matter the OEM) is based off of the OEM list price minus the BPA holder's discount for that ordering period and product category. The OEM list price may go up or down but the discount will not deviate from the stated discount for the ordering period and that product/discount category. For example, if the OEM list price is $10 today for an item and the discount is 20%, the price of the item is $8. If tomorrow the OEM list price for that item goes up to $20, the discount would still be 20% and the price of the item would be $16.

Please elaborate on processes/options/remedies available to the BPA holder if the OEM changes the pricing structure at some point during the BPA period resulting in a change of cost for the BPA holder? An example of this occurred recently with the imposition of tariffs on technology products that resulted in increased prices from the OEMs.

Please see Question 34 above. There will be no change to the discount percentages after award. Vendors are expected to account for all relevant factors when they provide those discount percentages as the OEM list price may change over time.

Clause 2-5A - Resellers typically deliver products directly from the OEM’s or from established distribution channels. Unless there is specific integration or modification required on these products the reseller does not open or inspect them prior to delivery. This seems to conflict with Clause 2-5A. Will the Government accept products without inspection by the contract holder?

Yes, the Government will accept products that are not inspected by the BPA holder if the products are shipped directly from the OEM. The Government does not believe there is a conflict and understands there is a common commercial practice in this area.

Clause 2-25A - Please verify that the contract holder will have the option of quoting freight charges if an RFQ or delivery order specifies anything other than standard delivery. Example: specifying a mode of transportation more expensive than routine ground transportation; or specific inside-the-building deliveries which are more expensive than deliveries to a shipping dock or to a front desk.

Please see Amendment 0001 and Section D, D.2 - Shipping, The language has been updated to allow for separate delivery charges in certain cases. Also, please note that Inside delivery is required unless otherwise specified and shall not be separately priced.

Clause 2-140 - Contract holder will only be delivering products and will not be handling government information. Please verify that Clause 2-140 will not be applicable.

Please see Amendment 0001, Clause 2-140 has been removed.

Clause 7-20 - Contract holder will not be accessing Judiciary facilities. Please verify that Clause 7-20 is not applicable

This clause may be applicable in certain circumstances where access is required to be given to the BPA holder. Normally, access will not be required.

Can you confirm Polycom pricing spreadsheet is correct? It doesn’t list actual products. These categories were provided by the OEMs as standard product categories in the case of Cisco and standard discount categories in the case of

Polycom. Please contact the OEMs for more information on what these categories entail.

L.1.4 – Submission of Proposals - We respectfully request a 1-week extension to the proposal due date

The Government will not extend the due date at this time.

C.5.2.c - We do not see Labor Categories on the CLIN list in the Pricing Schedule. Are professional services allowed on the contract for hardware installation? We recommend expanding the definition of Services to include Training, Professional Services; Non-Tied Services; other non-professional services such as CFI/CFS, KYHD, ARS; and Delivery on Demand.

The Government does not consider those services ancillary to the purchase of the hardware and equipment under this BPA and so they will not be added to the pricing schedule.

C.5.5.- The majority of OEMS utilize “certified to new” parts to fulfill warranty repairs. Please modify the section to state “Replacement parts shall be new, or certified to new by the OEM, warrantied and guaranteed.”

Please reference Question 25.

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