USCA25R0207 - Cisco BPA_Solicitation_FE.pdf

SOLICITATION, OFFER, AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS

(15 CFR 700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

USCA25R0207 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

06/10/2025

6. REQUISITION/PURCHASE NUMBER

ADT250018

CODE PMD

Procurement Management Division Administrative Office of the United States Courts One Columbus Circle, N.E.

Suite 3-250 Washington, DC 20544-0001

7. ISSUED BY 8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

United States 11:00:00 07/10/2025

(Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 3-100. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and ____________ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ______________________________________________________ until ________________ local time _________________

10. FOR

INFORMATION

CALL:

A. NAME

Arnold P. Casterline AREA CODE

NUMBER

502-3426

EXT.

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

Arnold_Casterline@ao.uscourts.gov

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES CONTRACT

B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH

C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORSF DELIVERIES OR PERFORMANCE

L INSTRS., CONDS., AND NOTICES TO OFFERORSG CONTRACT ADMINISTRATION DATA

M EVALUATION FACTORS FOR AWARDH SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes a minimum offer acceptance period.

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

12.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDER DAYS(%) 20 CALENDER DAYS(%) 30 CALENDER DAYS(%) CALENDAR DAYS

NUMBER PERCENTAGE

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

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

OFFER (Type or Print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE24. ADMINISTERED BY (if other than Item 7) CODE AFSD Accounting Division, DAS-BAPO-ACC Administrative Office of the United States Courts One Columbus Circle, N.E., Suite 5-300 Washington, DC 20544-0001

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

Judiciary Standard Form 33 (REV. 10-12)

USCA25R0207 - Page 1 of 20

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs B.1 Purpose and Ordering Periods B.2 BPA Pricing

C Descriptions/Specifications/Statement of Work C.1 Descriptions/Specifications/Statement of Work (SOW)

D Packaging and Marking 2-45 Packaging and Marking D.1 Delivery of Products D.2 Shipping

E Inspection and Acceptance 2-5A Inspection of Products 2-5B Inspection of Services 2-10 Responsibility for Products E.1 Service Level Agreements

F Deliveries or Performance 2-60 Stop-Work Order 7-200 Judiciary Delay of Work 2-35 F.o.b. Destination, Within Judiciary's Premises 2-25A Delivery Terms and Contractor's Responsibilities

G Contract Administration Data 3-305 Payment by Electronic Funds Transfer-System for Award Management (SAM) Registration 7-1 Contract Administration 7-125 Invoices 7-5 Contracting Officer's Representative 7-10 Contractor Representative G.1 Ordering G.2 Appointed Contracting Officer's Representative (COR) G.3 Invoice Submission at the Call Level

H Special Contract Requirements 1-1 Employment by the Government 7-55 Contractor Use of Judiciary Networks H.1 Commercial Agreements Unenforceable Terms and Conditions (APR 2024) H.2 Unenforceability of Unauthorized Obligations (APR 2024)

I Contract Clauses 1-10 Gratuities or Gifts 1-15 Disclosure of Contractor Information to the Public 1-5 Conflict of Interest 2-20A Incorporation of Warranty 2-20B Contractor Warranty (Products) 3-105 Audit and Records 3-120 Order of Precedence 3-205 Protest after Award 3-25 Protecting the Judiciary's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 3-300 Registration in the System for Award Management (SAM) (OCT 2023) 3-35 Covenant Against Contingent Fees 3-40 Restrictions on Subcontractor Sales to the Judiciary 3-45 Anti-Kickback Procedures 3-50 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 3-55 Price or Fee Adjustment for Illegal or Improper Activity 6-105 California E-Waste Fee 6-40 Federal, State, and Local Taxes 6-60 Rights in Data - General 6-85 Commercial Computer Software License 7-100A Limitation of Liability (Products) 7-100B Limitation of Liability (Services) 7-110 Bankruptcy 7-130 Interest (Prompt Payment) 7-135 Payments 7-140 Discounts for Prompt Payment 7-145 Government Purchase Card

USCA25R0207 - Page 2 of 20

7-15 Observance of Regulations/Standards of Conduct 7-150 Extras 7-175 Assignment of Claims 7-185 Changes 7-20 Security Requirements 7-210 Payment for Emergency Closures 7-215 Notification of Ownership Changes 7-220 Termination for Convenience of the Judiciary (Fixed Price) 7-230 Termination for Default - Fixed-Price Products and Services 7-235 Disputes 7-25 Indemnification 7-30 Public Use of the Name of the Federal Judiciary 7-35 Disclosure or Use of Information 7-40 Judiciary-Contractor Relationships 7-85 Examination of Records B-5 Clauses Incorporated by Reference

J List of Attachments K Representations, Certifications and Other Statements of Offerors or Respondents

3-130 Authorized Negotiators 3-15 Place of Performance 3-20 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters 3-30 Certificate of Independent Price Determination 3-5 Taxpayer Identification and Other Offeror Information

L Instructions, Conditions and Notices to Offerors or Respondents 3-100 Instructions to Offerors 3-210 Protests 3-85 Explanation to Prospective Offerors 3-95 Preparation of Offers 2-15 Warranty Information 7-60 Judiciary Furnished Property or Services 4-1 Type of Contract B-1 Solicitation Provisions Incorporated by Reference L.1 Proposal Submission Instructions

M Evaluation Factors for Award M.1 Evaluation Factors and Basis for Award 3-70 Determination of Responsibility

USCA25R0207 - Page 3 of 20

Section B - Supplies or Services and Prices/Costs

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

0001 Base Ordering Period: BPA Cisco. See

Attachment J.1 - Pricing Schedule.

1 Each

Period of Performance:09/01/2025 - 08/31/2026

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

0002 Ordering Period 1: BPA Cisco. See Attachment J.1

- Pricing Schedule.

1 Each

Period of Performance:09/01/2026 - 08/31/2027

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

0003 Ordering Period 2: BPA Cisco. See Attachment J.1

- Pricing Schedule.

1 Each

Period of Performance:09/01/2027 - 08/31/2028

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

0004 Ordering Period 3: BPA Cisco. See Attachment J.1

- Pricing Schedule.

1 Each

Period of Performance:09/01/2028 - 08/31/2029

CLIN NO. Supplies or Services Quantity Unit of Issue Unit Price Extended Amount

0005 Ordering Period 4: BPA Cisco. See Attachment J.1

- Pricing Schedule.

1 Each

Period of Performance:09/01/2029 - 08/31/2030

B.1 Purpose and Ordering Periods

The purpose of this Blanket Purchase Agreement (BPA) is to provide the Administrative Office of the US Courts (AOUSC) and the Federal Judiciary with the ability to purchase specific hardware products and ancillary

USCA25R0207 - Page 4 of 20 services in support of mission-critical IT systems, and other IT requirements, as described in the SOW (Attachment J.2).

The period of performance for this BPA shall be five (5) years in length and shall consist of five (5) ordering periods, each 12 months in length, as follows:

Base Ordering Period – September 1, 2025 – August 31, 2026 Ordering Period 1 - September 1, 2026 – August 31, 2027 Ordering Period 2 - September 1, 2027 – August 31, 2028 Ordering Period 3 - September 1, 2028 – August 31, 2029 Ordering Period 4 - September 1, 2029 – August 31, 2030

B.2 BPA Pricing

1. Pricing on BPA calls shall be the list price minus the discount percentage for the ordering period at the time the order is placed. The discounted price is fully burdened, and the government will not pay any other fees or standard shipping costs, which must be built into the price. Each product category under this BPA will have a designated discount percentage.

2. The product category percent discount for each item shall be in place for the entire ordering period unless the percentage is changed through a modification to the BPA. The BPA holder is encouraged to offer additional dis-counts at the call order level in addition to the normal applicable percent discount for an item.

3. Price for item(s) purchased under this BPA shall not be higher than the Original Equipment Manufacturer (OEM) public list price for the same item(s). If such a situation arises, the BPA holder shall work with the BPA COR and CO to update the percent discount on the BPA to match the BPA holder's lowest public price for the same item or service and shall update the applicable BPA calls to reflect the updated percent discount, as neces-sary.

Section C - Descriptions/Specifications/Statement of Work

C.1 Descriptions/Specifications/Statement of Work (SOW)

Please see Attachment J.2 - BPA Cisco Services Statement of Work (SOW).

Section D - Packaging and Marking

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

2-45 Packaging and Marking AUG 2004

D.1 Delivery of Products

After acceptance, the BPA holder shall coordinate and ensure delivery of the product to: (i) CONUS locations within thirty (30) days; and (ii) OCONUS locations within ninety (90) days, unless otherwise specified by the ordering unit.

D.2 Shipping

All prices provided shall be inclusive of shipping and the BPA holder shall ensure that pricing remains the same across all CONUS and OCONUS locations. Separate delivery charges may only be charged for delivery re-quirements that differ from standard shipping, such as overnight, next day, second day or weekend delivery.

Section E - Inspection and Acceptance

USCA25R0207 - Page 5 of 20

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

2-5A Inspection of Products APR 2013

2-5B Inspection of Services APR 2013

2-10 Responsibility for Products JAN 2010

E.1 Service Level Agreements

The following performance elements will be monitored and used to assist the AOUSC in determining whether termination of the BPA is in the judiciary’s best interest due to consistent poor performance related to these ele-ments.

Performance Element Performance Require-ment

Minimum Performance Level

Method of Surveillance

Response to RFQs To facilitate timely acquisi-tion of products, Contractor must be responsive in providing price quotes

Respond to all price quota-tions received within 2 business days of request, at a minimum of 95% of the time

Quarterly Report

On-time Product Delivery Products shall be delivered in a timely fashion to sup-port the Courts mission re-quirements.

A minimum of 95% of all orders shall be delivered to both CONUS location within 30 days and OCO- NUS location within 90 days unless otherwise spe-cified by the ordering unit.

Quarterly Report

Notification of Delivery Delays

In cases where the delivery of a product may be delayed, or the standard will not be met. Timely no-tification of the delay is im-perative to minimize the impact.

Back Order Delays – If known by the vendor. Noti-fication provided within two (2) business days after receipt of order greater than 95% of the time.

All Other Delays – If known by the vendor. Noti-fication provided within five (5) business days after receipt of order greater than 95% of the time.

Quarterly Report

Invoice Submission Invoices must be submitted in a timely manner to facil-itate prompt payment

A minimum of 95% of all invoices shall be delivered to the Courts within 30 days After Delivery of Or-der (DRO).

Quarterly Report

Management Reports Contractor shall prepare and submit to the COR and CO a quarterly contract status report covering the previous reporting period, by the 15th business day of each reporting period.

Contractor will send to the COR and CO a quarterly contract status report cov-ering the previous reporting period, by the 15th busi-ness day of each reporting period 95% of the time.

Quarterly Report

USCA25R0207 - Page 6 of 20

Section F - Deliveries or Performance

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

2-60 Stop-Work Order JAN 2010

7-200 Judiciary Delay of Work JAN 2003

2-35 F.o.b. Destination, Within Judiciary's Premises JAN 2003

2-25A Delivery Terms and Contractor's Responsibilities JAN 2003

Section G - Contract Administration Data

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

3-305 Payment by Electronic Funds Transfer-System for Award

Management (SAM) Registration

APR 2013

7-1 Contract Administration JAN 2003

7-125 Invoices APR 2011

7-5 Contracting Officer's Representative APR 2013

7-10 Contractor Representative JAN 2003

(a) The contractor's representative to be contacted for all contract administration matters is as follows (contractor complete the information):

Name: TBD at Award Address: ___________________________________________________________________________ Telephone: ___________________________________________________________________________ Email: ___________________________________________________________________________ Fax: ___________________________________________________________________________

(b) The contractor's representative shall act as the central point of contact with the judiciary, shall be respons-ible for all contract administration issues relative to this contract, and shall have full authority to act for and leg-ally bind the contractor on all such issues.

(END)

G.1 Ordering

G.1.1 BPA Call Order Contract Type

The contract type for BPA Calls (or "call orders") issued under this BPA will be firm-fixed price.

G.1.2 BPA Call Ordering Method

BPA Calls may be placed against this BPA via the issuance of a written BPA Call. Use of purchase cards for call orders is also authorized for this BPA. Unless otherwise noted in the BPA or the attachments, all require-ments applicable to written orders are applicable to purchase card orders as well. A BPA Call becomes binding once both parties sign the BPA Call, or when the BPA holder commences performance after a BPA Call is is-

USCA25R0207 - Page 7 of 20 sued unilaterally (such as with a purchase card). In the event the BPA holder cannot perform a BPA call that is unilaterally issued, the BPA holder shall promptly notify the CO or the card holder of the issue(s) and provide the reasons the call cannot be performed. The BPA holder shall refund or cancel any purchase card order that cannot be performed, if applicable.

Discounts will be posted on an AO Intranet Site that may be potentially accessible to judiciary contractor staff.

If the BPA holder does not want their discounts posted on the judiciary's intranet site than they must communic-ate that to the CO and the COR after award and provide a plan for efficiently providing judiciary staff with the discount information. The judiciary will not compensate the contractor for any additional effort needed to provide this information to the judiciary organizations that request it.

G.1.3 Ordering Considerations and Limitations

Orders maybe placed anytime within the BPA's ordering periods. If order is established properly, the period of performance may go beyond the BPA's ordering periods expiration date.

G.1.4 BPA Obligation

(a) Extent of Obligation:

(1) The Government estimates, but does not guarantee, that the volume of purchases through this BPA will be $94 Million.

(2) The Government is obligated only to the extent of authorized purchases actually made under this BPA via BPA Calls and purchase card orders.

(b) Funds Obligation:

This BPA does not obligate any funds. Funds will only be obligated on BPA Calls and purchase card orders.

G.1.5 Authorized Users

The BPA is open for ordering by all judiciary organizations and their authorized contracting officers or ordering officials as noted in Volume 14, Chapter 1, §110.40 Applicability in the Guide to Judiciary Policy (Guide).

G.1.6 Call Order Ordering Procedures

(a) BPA Calls will be solicited in accordance with Vol 14 § 325.50.30 (Open Market Single Award BPA) through Vol 14 § 325.50.40 (a) (Ordering Under BPAs).

(b) The BPA holder shall not respond to solicitations from non-authorized users.

(c) If necessary, warehousing and configuration services may be negotiated and ordered at the BPA call level.

Separate charges for these services may only be charged for requirements on case-by-case basis.

G.1.7 Scope of BPA Calls

All BPA Calls must fall under the product categories as laid out in the BPA SOW (see Attachment J.2).

G.1.8 Terms and Conditions of BPA Calls

Terms and conditions relevant to the categories under the BPA are normally established at the BPA level. The Contractor shall not provide any terms at the Call Order or Purchase Card level unless such terms have first been approved by the BPA CO and COR. If the Contractor believes such terms may be necessary, they should first work with the BPA CO and COR to coordinate how such terms shall be handled on Call Orders and Pur-chase Card purchases.

G.2 Appointed Contracting Officer's Representative (COR)

The appointed Contracting Officer Representative is:

USCA25R0207 - Page 8 of 20

COR's Name: TBD at award COR's Address: TBD at award COR's Phone Number: TBD at award COR's Email Address: TBD at award

G.3 Invoice Submission at the Call Level

Invoice submission at the call level should normally be made to the BPA call level COR or other designated or-dering office contact specified in the BPA call, unless different instructions are provided at the call level.

Section H - Special Contract Requirements

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

1-1 Employment by the Government JAN 2003

7-55 Contractor Use of Judiciary Networks JUN 2014

H.1 Commercial Agreements Unenforceable Terms and Conditions (APR 2024)

When any supply or service acquired under this Blanket Purchase Agreement (BPA), contract, or order is sub-ject to a commercial agreement (Vol 14 § 540), the following language shall be deemed incorporated into the commercial agreement. As used herein, “this agreement” means the commercial agreement:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the judiciary, the following shall apply:

(i) Applicability. This agreement is a part of a BPA, contract, or order between the commercial supplier and the judiciary for the acquisition of the supply or service that necessitates a license or other similar legal instru-ment (including all contracts, orders, BPA Calls, and Government Purchase Card orders).

(ii) End user. This agreement shall bind the ordering activity as end user but shall not operate to bind a judiciary employee or person acting on behalf of the judiciary in their personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the judiciary to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by Clause 7-235 Disputes is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by Clause 7-235 Disputes in relation to a dispute is hereby deleted.

(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the judiciary except as allowed by this BPA, contract, or order. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights under the Clause 7-235 Disputes while continuing performance.

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by judiciary guidance, and

USCA25R0207 - Page 9 of 20 equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the judiciary only when explicitly provided by statute.

(vi) Updating terms.

(A) After award, the Contractormay unilaterally revise commercial agreement terms: if they are not material.

A material change is defined as:

(1) Terms that change judiciary rights or obligations;

(2) Terms that increase judiciary prices;

(3) Terms that decrease overall level of service; or

(4) Terms that limit any other judiciary right addressed elsewhere in this BPA, contract, or call.

(B) For revisions that will materially change the terms of the BPA, contract, or order, the revised commercial agreement must be incorporated into the BPA, contract, or order using a bilateral modification.

(C) Any agreement license terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this BPA, contract, or order shall not be enforceable against the judiciary, and the judiciary shall not be deemed to have consented to them.

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Contract Of-ficer.

(viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying judiciary BPA, contract, or order or order.

(B) This charge, if disputed by the judiciary, will be resolved in accordance with Clause 7-235 Disputes;

no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.

(C) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the judiciary.

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the judiciary as the end user will be governed by the terms of the underlying judiciary BPA, contract, or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to in-voicing unless specifically agreed to otherwise in the judiciary BPA, contract, or order.

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the judiciary's prior approval.

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the BPA, contract, or order price list, as applicable, shall be deemed “confidential information.” Although the Freedom of Information Act (FOIA) does not apply to the judiciary, as a matter of policy, and to the extent that it is in the best interest of the judiciary, procurement docu-

USCA25R0207 - Page 10 of 20 ments that would be released under FOIA may be released upon request including issues regarding release of “unit pricing.” Notwithstanding anything in this agreement to the contrary, the judiciary may retain any con-fidential information as required by law, regulation, policy or its internal document retention procedures for leg-al, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

(END)

H.2 Unenforceability of Unauthorized Obligations (APR 2024)

(a) Except as stated in paragraph (b) below, when any supply or service acquired under this contract is sub-ject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agree-ment, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly author-ized by statute and specifically authorized under applicable judiciary policy.

(END)

Section I - Contract Clauses

Clause(s) Incorporated By Reference, see Clause B-5 Clause Title Date

1-10 Gratuities or Gifts JAN 2010

1-15 Disclosure of Contractor Information to the Public AUG 2004

1-5 Conflict of Interest AUG 2004

2-20A Incorporation of Warranty JAN 2003

2-20B Contractor Warranty (Products) JAN 2010

3-105 Audit and Records APR 2011

3-120 Order of Precedence JAN 2003

3-205 Protest after Award JAN 2003

3-25 Protecting the Judiciary's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

MAR 2019

3-300 Registration in the System for Award Management (SAM) APR 2013

USCA25R0207 - Page 11 of 20

(OCT 2023)

3-35 Covenant Against Contingent Fees JAN 2003

3-40 Restrictions on Subcontractor Sales to the Judiciary JUN 2014

3-45 Anti-Kickback Procedures JUN 2012

3-50 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

JUN 2012

3-55 Price or Fee Adjustment for Illegal or Improper Activity JUN 2012

6-105 California E-Waste Fee APR 2013

6-40 Federal, State, and Local Taxes JAN 2003

6-60 Rights in Data - General JUN 2012

6-85 Commercial Computer Software License APR 2013

7-100A Limitation of Liability (Products) JAN 2003

7-100B Limitation of Liability (Services) JAN 2003

7-110 Bankruptcy JAN 2003

7-130 Interest (Prompt Payment) JAN 2003

7-135 Payments APR 2013

7-140 Discounts for Prompt Payment JAN 2003

7-145 Government Purchase Card JAN 2003

7-15 Observance of Regulations/Standards of Conduct JAN 2003

7-150 Extras JAN 2003

7-175 Assignment of Claims JAN 2003

7-185 Changes APR 2013

7-20 Security Requirements APR 2013

7-210 Payment for Emergency Closures APR 2013

7-215 Notification of Ownership Changes JAN 2003

7-220 Termination for Convenience of the Judiciary (Fixed Price) JAN 2003

7-230 Termination for Default - Fixed-Price Products and Services JAN 2003

7-235 Disputes JAN 2003

7-25 Indemnification AUG 2004

7-30 Public Use of the Name of the Federal Judiciary JUN 2014

7-35 Disclosure or Use of Information APR 2013

7-40 Judiciary-Contractor Relationships JAN 2003

7-85 Examination of Records JAN 2003

USCA25R0207 - Page 12 of 20

B-5 Clauses Incorporated by Reference OCT 2010

This procurement incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.uscourts.gov/procurement.aspx.

(END)

Section J - List of Attachments

Identifier Title Date Number of Pages

1 Cisco BPA_Attachment J.1_Pricing Schedule - Workbook BPA Cisco 06/10/2025 2 Cisco BPA_Attachment J.2_Statement of Work 06/09/2025 3 Cisco BPA_Attachment J.3_Question Submission Template 05/29/2025

Section K - Representations, Certifications and Other Statements of Offerors or Respondents

3-130 Authorized Negotiators JAN 2003

The offeror represents that the following persons are authorized to negotiate on its behalf with the judiciary in connection with this solicitation (offeror lists names, titles, and telephone numbers of the authorized negotiat-ors).

Name: ___________________________________________________________________________ Titles: ___________________________________________________________________________ Telephone: ___________________________________________________________________________ Fax: ___________________________________________________________________________ Email: ___________________________________________________________________________

(END)

3-15 Place of Performance JAN 2003

If the judiciary intends or the offeror proposes, in the performance of any contract resulting from this solicita-tion, to use one or more facilities located at addresses different from the offeror's address as indicated in this of-fer, the offeror shall include in its offer a statement referencing this provision and identifying those facilities by street address, city, country, state, and ZIP code, and the name and address of the operators of those facilities if other than the offeror.

(END)

3-20 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters

MAR 2019

(a) (1) The offeror certifies, to the best of its knowledge and belief, that:

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

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

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

USCA25R0207 - Page 13 of 20 tax laws, or receiving stolen property;

(C) are ___ are not ___ presently indicted for, or otherwise criminally or civilly charged by a governmental en-tity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) have ___, have not ___, within a three-year period preceding this offer, been notified of any delinquent fed-eral taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

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

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

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

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

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

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collec-tion action is stayed under 11 U.S.C. § 362 (the Bankruptcy Code).

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

(2) "Principal," for the purposes of this certification, means an officer; director; owner; partner or a person hav-ing primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division, or business segment, and similar positions).

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. § 1001.

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

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in

USCA25R0207 - Page 14 of 20 withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the offeror's responsibility. Failure of the offeror to furnish a certification or provide such ad-ditional information as requested by the contracting officer may render the offeror nonresponsible.

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

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

(END)

3-30 Certificate of Independent Price Determination JAN 2003

(a) The offeror certifies that:

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

(A) those prices;

(B) the intention to submit an offer; or

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

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

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

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

(1) is the person in the offeror's organization responsible for determining the prices in this offer, and that the signatory has not participated, and will not participate, in any action contrary to paragraphs( (a)(1) through (a)(3) of this provision; or

(2) (i) has been authorized, in writing, to act as agent for the following principals in certifying that those prin-cipals have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ___________________________________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices in this offer, and the title of his or her position in the offeror's organization);

(ii) as an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision; have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provi-sion; and

(iii) as an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

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

(END)

3-5 Taxpayer Identification and Other Offeror Information APR 2011

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

(b) All offerors shall submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A and implementing regulations issued by the IRS. If the resulting contract is subject to the payment re-

USCA25R0207 - Page 15 of 20 porting requirements, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

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

(d) Taxpayer Identification Number (TIN):

[__] TIN has been applied for.

[__] TIN is not required, because:____________________________________________________________ [__] Offeror is a nonresident alien, foreign corporation or foreign partnership that does not have income effect-ively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

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

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

(e) Type of organization:

[__] sole proprietorship;

[__] partnership;

[__] corporate entity (not tax-exempt);

[__] corporate entity (tax-exempt);

[__] government entity (federal, sate or local);

[__] foreign government;

[__] international organization per-26 CFR 1.6049-4;

[__] other ___________________________________________________________________________.

(f) Contractor Representations The offeror represents as part of its offer that it is [__], is not [__] , 51% owned and the management and daily operations are controlled by one or more members of the selected socio-economic group(s) below:

[__] Women Owned Business [__] Minority Owned Business (if selected, then one sub-type is required)

[__] Black American Owned [__] Hispanic American Owned [__] Native American Owned (American Indians, Eskimos, Aleuts, or Native Hawaiians) [__] Asian-Pacific American Owned (persons with origins from Burma, Thailand, Malaysia, Indone-sia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Terrritory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru)

[__] Subcontinent Asian (Asian-Indian) American Owned (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Napal)

[__] Individual/concern, other than one of the preceding.

(END)

Section L - Instructions, Conditions and Notices to Offerors or Respondents

Provision(s) Incorporated By Reference, see Provision B-1 Clause Title Date

3-100 Instructions to Offerors APR 2013

3-210 Protests JUN 2014

3-85 Explanation to Prospective Offerors AUG 2004

3-95 Preparation of Offers APR 2013

USCA25R0207 - Page 16 of 20

2-15 Warranty Information JAN 2003

7-60 Judiciary Furnished Property or Services JAN 2003

4-1 Type of Contract JAN 2003

The judiciary plans to award a BPA with firm-fixed price call orders type of contract under this solicitation, and all offers shall be submitted on this basis. Alternate offers based on other contract types will not be considered.

(END)

B-1 Solicitation Provisions Incorporated by Reference OCT 2010

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. The of-feror is cautioned that the listed provisions may include blocks that must be completed by the offeror and sub-mitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

http://www.uscourts.gov/procurement.aspx.

(END)

L.1 Proposal Submission Instructions

L.1.1 GENERAL INFORMATION

Procurement within the Federal Judiciary is not subject to the Federal Acquisition Regulation (FAR), which ap-plies to most Executive Branch agencies. Judiciary procurement policies are the responsibility of the Acquisi-tion Management Office (AMO) within the Administrative Office of the U.S. Courts (AO), and are issued in the Guide to Judiciary Policy, Volume 14 (Procurement). Offerors or contractors wishing to find the full text of individual provisions or clauses incorporated by reference in judiciary solicitations and contracts are directed to Appendix 1B of Volume 14.

The Judiciary intends to award a single Blanket Purchase Agreement (BPA) for the requirements specified in Section C - Descriptions/Specifications/Statement of Work (Attachment J.2). Offerors are encouraged to carefully read the entire solicitation, including Section L - Instructions, Conditions and Notices to Offerors or Respondents.

L.1.2 SUBMISSION OF QUESTIONS

Questions regarding this solicitation must be submitted via email, with a subject line Solicitation No.

USCA25R0207, Cisco BPA - Questions to the following email addresses:

- Arnold Casterline at Arnold_Casterline@ao.uscourts.gov

- Olena Evans at Olena_Evans@ao.uscourts.gov

Questions regarding this solicitation must be submitted no later than 11:00am Eastern Time (ET) on June 20, 2025. Please use the template included in Attachment J.3.

L.1.3 SUBMISSION OF PROPOSALS

Proposals must be submitted via email, with a subject line Solicitation No. USCA25R0207, Cisco BPA – Pro-posal From [Company Name] to the following email addresses:

- Arnold Casterline at Arnold_Casterline@ao.uscourts.gov

USCA25R0207 - Page 17 of 20

- Olena Evans at Olena_Evans@ao.uscourts.gov

Proposals must be submitted no later than 11:00am Eastern Time (ET) on July 10, 2025.

L.1.4 LATE PROPOSAL SUBMISSION

Proposal will be marked as late if such proposal is received in the email inbox after the date and time specified in Section L.1.3 of this solicitation. Late proposals may be considered unacceptable at the discretion of the CO and in accordance with Provision 3-100.

L.1.5 PROPOSAL SUBMISSION FORMAT

Proposals must be prepared and submitted using the following format:

• The electronic copies of the proposal shall be submitted in a format readable and usable by Microsoft Of-fice 365 suite (MS Word, MS Excel, PowerPoint); or an Adobe Acrobat PDF (searchable format). The fol-lowing file extensions are not allowable, and application materials/data submitted with these extensions cannot be considered: .bat, .cmd, .com, .exe, .pif, .rar, .scr, .vbs, .hta, .cpl, html, and mhtml files. The entire proposal submission, including all files, shall not exceed 10MBs.

• For documents in Word or PDF, the proposal page size shall be 8.5 x 11 inches. Pages may be double or single-spaced. Except for the reproduced sections of the solicitation document, the text size shall be no less than Times New Roman 10 point. Use at least .5-inch margins on all sides of each page.

• Page limitation for each Volume is provided below. Pages shall be numbered sequentially by each Volume.

L.1.6 VOLUMES

The proposal shall include the following two volumes:

• Volume I: Price Proposal – Pricing Schedule Workbook BPA Cisco (Attachment J.1).

• Volume II: Technical Proposal.

(i) Volume I: Price Proposal - Pricing Schedule Workbook BPA Cisco (Attachment J.1)

The Price Proposal must be prepared using the following instructions:

• Tab 1. Guidance: Must be included in the Price Proposal. Workbook Guidance in Tab 1 is provided to as-sist with preparation of the proposed pricing. Tab 1 is locked, and it should be used for information purpose only.

• Tab 2. Proposed Pricing: Must be included in the Price Proposal. Offerors must submit a fully completed Pricing Schedule Workbook BPA Cisco (Attachment J.1). Offerors must fill in highlighted cells ONLY for five (5) ordering periods (Base and 4 Options) in Tab 2, including the following:

(i) Column D: Use the drop-down box in the highlighted cells and put Yes or No for each of the products/product categories your company can provide.

(ii) Columns G, H, I, J, K: Add the proposed percentage (%) discount to be provided off the Average Es-timated Annual Spend for the Category for each ordering period.

Offerors shall NOT change any data and/or formula included in other cells of Tab 2 Proposed Pricing.

Please note that the Government Average Estimated Annual Spend for the Category (Column E), including the corresponding discounted prices (Columns M, N, O, P, Q) are fully burdened prices, and the Government will not pay any additional fees or shipping costs for these products.

• Tab 3. Notes: Must be included in the Price Proposal. Offerors may provide notes related to the offered

USCA25R0207 - Page 18 of 20 pricing that should be considered during the proposal review. If Notes are not anticipated, please add No Notes in this tab.

• Tab 4. Example: Do NOT include this tab in the Price Proposal. Please reference Tab 4. Example to see a successfully filled out form. All data included in Tab 4 highlighted cells is illustrative.

• By submitting a fully complete copy of the Pricing Schedule Workbook BPA Cisco (Attachment J.1), the offeror is confirming that all the items listed in the Workbook can be provided to the required destinations in accordance with terms and conditions specified in this Solicitation.

(ii) Volume II: Technical Proposal

The Technical Proposal must include the following:

• Cover Page: Includes a 1-page general information, such as offeror’s name, logo, address, and point of contact, including name, title, email address and phone number.