IOWA STATE UNIVERSITY REQUEST FOR PROPOSAL NUMBER 62797 Three year contract for Cisco Systems Inc communication systems parts and maintenance

TABLE OF CONTENTS

Section I

Specifications .......................................................................................... 3

Section II

Proposal Submittal Instructions .................................................................. 6

Section III

Terms and Conditions of the Contract ......................................................... 12

Section IV

Form of Bid ............................................................................................. 17

Section V

Sustainability Information ……………………………………………………………….....19

NOTICE TO VENDORS Request for Bid No. 62797

Sealed bids for a Three Year Contract for Cisco communications system parts and maintenance for the Iowa State, Board of Regents Universities and the Information Technology Services Department at Iowa State University of Science and Technology (ISU), Ames, Iowa, will be received at the Purchasing Department, 3616 Administrative Services Building, Iowa State University, Ames, Iowa 50011-3616 on, Tuesday May 27, until 4:00 p.m. C.D.S.T., and then will be publicly opened and read aloud. No Vendor may withdraw a bid for a period of ninety (90) days after scheduled closing time for receipt of bids. Copies of the specifications and other contract documents are on file in the Purchasing Department, Administrative Services Building, Iowa State University and are available for public inspection. A set of such documents may be obtained from the Purchasing Department, 3616 Administrative Services Building, Iowa State University, Ames, Iowa 50011-3616. Preference will be given to material produced in Iowa and Iowa labor as provided by the Code of Iowa. ISU reserves the right to waive irregularities and defects and to reject any or all bids. ISU also reserves the right to accept that bid which is deemed to be in the best interests of the University. Dated at Ames, Iowa on this 5th day of May, 2014 Iowa State University Al Brooks Purchasing Agent Purchasing Department 3616 Administrative Services Building Ames, Iowa 50011-3616

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SECTION I Product Specifications Three year contract for Cisco products, software, services, and maintenance plans as required by Iowa State University (ISU), the State University of Iowa (SUI), University of Northern Iowa (UNI) herein after referred to as the Regents Universities to integrate with existing network equipment. Pricing discounts are also requested for Gigamom, F5, Lancope and SourceFire products. No substitutions of brands will be considered. This bid solicitation is limited to Cisco Gold Level Vendors as designated by Cisco. The contract(s) resulting from this bid are anticipated to begin July 1, 2014 and will run through June 30, 2017. Part 1 This contract process is unique in that the awarded vendor provides all available Cisco products on a list price less discount basis to Regents Universities for a period of three years. The discount(s) can be one discount for all Cisco products or a series of discounts based on product lines or types, if that will make your offer more competitive. Major projects, usually single projects of a $250,000 or more, may merit discounts above the discount listed in the Form of Bid for one time purchases. It is expected that the contract holder will negotiate additional discounts with Cisco if warranted by the scope of a project. The Form of Bid on Page 17 request pricing discounts based on the size of order. Additional non-material contract terms and conditions may be negotiated by individual agencies or institutions intending to make an award based on this RFP. The Regents Universities will evaluate offers based on their respective policies, reserve the right to award contracts separately and to the vendor that best meets the needs of the awarding university. Regents Universities require that your offer include all current and new Cisco products, software, services, and maintenance that become available during the contract period. We also require all bidders to list all Cisco certifications in Section IV Form of Bid. Acquired certifications may be used as a factor in granting an award. Part 2 Below is a sample list of items that may be purchased. Total amounts spent on products per fiscal year on the resulting contracts may range from between $4.0 and $7.0 million, not including maintenance. Because the Regents Universities are State funded entities we cannot give firm commitments as to future volume, however our estimates are based on past order history. Cisco Products that may be ordered by Iowa State University: Cisco ASR Routers Cisco Nexus Switches Cisco Catalyst 3750 Series Switches Cisco Wireless Products Cisco ASA 5500 Series Adaptive Security Appliances Cisco UCS products Iowa State University reported sales volume for Cisco products: Iowa State University indicated they purchase various Cisco communication products. Last fiscal year, July 1, 2012 through June 30, 2013, the University reported purchases of $2,323,292.36 in Cisco communication products.

Cisco Products that may be ordered by The University of Northern Iowa: Cisco ASR Routers Cisco 4500-X Cisco Nexus Switches Cisco Catalyst 3750 Series Switches Cisco 3750-X Cisco Wireless Products Cisco ASA 5500 Series Adaptive Security Appliances Cisco ASA 5500 and 5500-X Cisco UCS products 3

University of Northern Iowa reported sales volume for Cisco products: The University of Northern Iowa indicated they purchase various Cisco communication products. Last fiscal year, July 1, 2012 through June 30, 2013, the University reported purchases of $150,000 in Cisco communication products. Cisco Products that may be ordered by the State University of Iowa: Catalyst 4948E opt sw 48-Port 10/100/1000+ 4 SFP+ no p/s SMARTNET 8X5XNBD Catalyst 4948E opt sw prorated to end 1/24/15 Cisco CAT4900 IOS LAN BASE W/O CRYPTO Catalyst 4948E 300WAC power supply Catalyst 4948E 2nd power supply NEMA 5-15 to IEC-C15 8ft US Catalyst 4948 IP Base Upgrade License for LAN Base IOS Cat4500 E-Series 6-Slot Chassis fan no ps Catalyst 4500 E-Series Supervisor LE 520Gbps Catalyst 4500 E-Series 48-Port 10/100/1000 Non-Blocking Catalyst 4500 1300W AC Power Supply (Data and PoE) Catalyst 4500 1300W AC Power Supply (Data and PoE) NEMA 5-20 to IEC-C19 14ft US Catalyst 4500 1300W AC 2nd Power Supply (Data and PoE) CAT4500e SUP7-E/SUP7L-E Universal Crypto Image Paper IP Base License Catalyst 4500 E-Series 6-Port 10GbE (X2) 1000BASE-LX/LH SFP transceiver module MMF/SMF 1310nm DOM Catalyst 4500-X 32 Port 10G IP Base, Front-to-Back, No P/S IP Base license for Catalyst 4500-X Catalyst 4500X Network Module Blank Catalyst 4500X 750W AC front to back cooling power supply Catalyst 4500X 750W AC front to back cooling 2nd PWR supply CAT4500-X Universal Crypto Image SMARTNET 8X5XNBD Catalyst 4500-X 32 Port 10G IP Base, Fro prorated to end 1/22/15 10GBASE-SR SFP Module 10GBASE-SR X2 Module 10GBASE-LR SFP Module 10GBASE-LR X2 Module IE2000 8port 10/100 2 T/SFP Base SMARTNET 8X5XNBD IE 8 10/1002 T/SFP prorated to end 1/24/15 AC Power Module w/ IEC Plug Power Cord110V Right Angle 19 in Rack mount kit for Catalyst 2955 N2K-C2232TM-E-10GE (32x1/10GT+8x10GE), airflow/power option N2200-PAC-400W Power Supply - Service Specific Standard airflow/AC pack: N2K-C2232TM-E-10GE + Uplink Module N2K-C2232-FAN-SN - Service Specific SMARTNET 8X5XNBD Standard airflow/AC prorated to end 1/22/15 SMARTNET 8X5XNBD N2K-C2232TM-E-10GE ( Nexus 2248TP with 8 FET (2 AC PS, 1 Fan (Std Airflow)) 10G Line Extender for FEX Power Cord, 125VAC 13A NEMA 5-15 Plug, North America SMARTNET 8X5XNBD Nexus 2248TP with 8 FET prorated to end 1/22/15 Nexus 5596UP 2RU Chassis 2PS 4 Fans 48 Fixed 10GE Ports SMARTNET 8X5XNBD Nexus 5596UP 2RU Chassis 2PS 4 Fans Cisco Nexus 2224 P/N N2K-C2224TF-1GE Cisco Nexus 2248 P/N N2K-C2248TF-E Cisco Nexus 2232 P/N N2K-C2232PF Cisco Nexus 5596 Cisco Nexus 5548 4

6500 Series switch Platform(s) and line cards 4506/4507/4510 Series Switch Platforms and line cards 3750X and 3850 Series Switch Platforms WISM 2 and 5500 series wireless controllers and licensing 3500, 3600, and 3700 series wireless access points and Cisco antennae’s Cisco Prime management tool (Software and Support purchase) ASR 1000 and 2900 series Wide Area Routers (Voice/Network/Security software feature sets) Cisco 4900 Series Switches 6800 series switches NAM-APPL-SW-6.0-K9 NAM-MR-1X082RY-A UCSC-RAIL1 NAM-CPU-E5-2609 NAM-SD-16G-C220 NAM-PSU-650W NAM-NT4E-4 NAM2304-SFP-K9 NAM-D1TBSATA CAB-7KAC NAM-RPSU-650W NAM-RAID9271CV-8I GigaVue 2402 w/ 10GigaPORT-8x Card The State University of Iowa reported sales volume for Cisco products: The University of Iowa indicated they purchase various Cisco communication products. Last fiscal year, July 1, 2012 through June 30, 2013, the University reported purchases of $759,148.37 in Cisco communication products.

Cisco Maintenance Smartnet and Software only maintenance based on 12-month renewals may be purchased on products specified by Information Technology Services units of Regents Universities.

Additional Products The Regents Universities request contract discounts on the entire product line from the following companies: Gigamom - 3300 Olcott Street, Santa Clara, CA 95054 F5 - 401 Elliott Avenue West, Seattle, WA 98119-4017 Lancope - 3650 Brookside Parkway, Suite 500, Alpharetta, GA 30022 SourceFire - 9770 Patuxent Woods Drive, Columbia, MD 21046

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SECTION II Bid Submittal Instructions

2.0

2.1

Regents Universities desire to obtain bids for Cisco products and maintenance along with the ancillary products listed (see Section I Product Specifications and Section VI Form of Bid, to price configurations requested). 2.0.1

All Vendors shall be responsible for submitting a point-by-point response to this RFP using an exact copy of the Bid Compliance Form (Attachment A) contained herein (see Section IV). Vendors are to indicate full compliance and/or acceptance to each term, condition and specification or provide a detailed narrative that defines their exception.

2.0.2

Vendors are not required to provide a response for products and services for all listed entities. Vendors must clearly state in Form of Bid which entities are eligible to purchase under this quote. Eligible entities reserve the right to negotiate separate vendor contracts.

2.0.3

The Vendor shall promptly notify ISU of any ambiguity, inconsistency or error which they may discover upon examination of the bidding document.

2.0.4

New Equipment This bid request is for new manufacturer warranted equipment for use in United States of America.

2.0.5

Language Within this RFP document the words vendor, bidder, contractor and supplier may be used. These words refer to the entity responding to this RFP and should be considered interchangeable having the same meaning.

Each Vendor, by submitting a bid, represents that Vendor has: 2.1.1

Read and completely understands the bid documents.

2.2

Bid Acceptance Period and Pricing The offer is firm and irrevocable for one (1) year after the May 27, 2014 opening date.

2.3

Receipt and Opening of Bids 2.3.1

Bids must be submitted in a sealed envelope labeled "Sealed Bid Quote 62797: Cisco communication system parts and maintenance”. Your bid must be received in the ISU Purchasing Department, 3616 Administrative Services Building, by 3:00 p.m., CDST, Tuesday, May 27, 2014. Any Bid received

after the date and time specified for receipt of Bids shall be returned unopened to the sender as non-responsive. 2.3.2

Regents Universities reserve the right to accept or reject any or all bids and to waive any informalities in technical or price bids if such waiver does not substantially change the offer or provide a competitive advantage to any vendor.

2.3.3

No oral, telephonic or telegraphic, or modifications of bids will be considered. If a bid is sent by mail, allowance should be made by the Vendor for the time required for such transmission. The officer whose duty it is to open bids will decide when the specified time has arrived and no bid received thereafter will be accepted.

2.3.4

The legally authorized representative of Vendor shall sign the bid.

2.3.5

No responsibility will be attached to any person for premature opening of a bid not properly identified.

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2.3.6

2.3.7

All bids become the property of Regents Universities and will not be returned to the Vendor.

2.3.8

Bids may be withdrawn any time prior to scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of one year (365 calendar days) thereafter.

2.3.9

All erasures or corrections shall be initialed by the person(s) signing the bid.

2.3.10

2.4

2.5

The laws of the State of Iowa require that at the conclusion of the selection process, the contents of all bids will be placed in the public domain and be open to inspection by interested parties. Trade secrets or proprietary information that are recognized as such and are protected by law may be withheld if clearly identified as such in the bid unless disclosure is required by a court order. Failure to list all proprietary sections of the submitted proposal in the space provided on the Form of Proposal shall relieve Universities personnel from any responsibility, should such information be accidentally released or viewed by a competitor or the public.

Failure to supply information requested is cause for rejection of the bid as non-compliant.

2.3.11

Regents Universities expressly reserves the right to negotiate, prior to award, any contract in whole or in part, which may result from this bid.

2.3.12

Unnecessarily elaborate brochures and other presentations beyond that sufficient to present a complete and effective bid are not desired and may be construed as an indication of the Vendors lack of cost consciousness. Elaborate artwork, expensive paper and bindings, and expensive visual and other presentation aids are neither necessary nor desired.

2.3.13

ISU requires Five (5) copies of your bid at least one of which must be an original. Vendors must also include an electronic copy.

Supplier/Proposal Obligations 2.4.1

The successful Supplier must be licensed to do business in the State of Iowa and comply with provisions of Chapter 490 of the Iowa Code.

2.4.2

The Supplier consents to the Regents Universities contacting and obtaining any information relevant to this Request for Proposal from the references identified by the Supplier in its proposal or other sources deemed appropriate by the specific Regents University.

2.4.3

The contents of the proposal and any clarification thereto submitted by the successful Supplier shall become a part of the contractual obligation incorporated by reference into the ensuing agreement, unless modified by mutual agreement, in writing.

Formation of Agreement At its option, a Regents University may take either one of the follow ing actions in order to form an agreement betw een Regents University and the selected Vendor: 2.5.1

Accept a proposal as w ritten by issuing a w ritten " Notice of Aw ard" to the selected Vendor w hich refers to this proposal and accepts the proposal as submitted. This " Notice of Aw ard" w ill be in the form of the Regents University’s Purchase Order.

2.5.2

Enter into negotiations w ith one or more Vendors in an effort to reach a mutually satisfactory agreement w hich w ill be executed by both parties and w ill be based on this proposal, the proposal submitted by the selected Vendor and the negotiations concerning these. These negotiations w ill not include any changes to the costs of equipment /services submitted on the " Proposal Bid Form" , unless the negotiations change the equipment or service requirements.

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2.5.3

Because a Regents University may use an alternate if offered, each Vendor shall include in its w ritten proposal all requirements, terms or conditions it may have, and shall not assume that an opportunity w ill exist to add such matters after the proposal has been submitted. The Regents Universities reserve the right to aw ard a contract not based on price alone but on the basis of the proposal w hich best meets Regents Universities’ requirements.

2.5.4

2.6

2.7

Addenda 2.6.1

Any and all interpretations, corrections, revisions, and amendments shall be issued by the ISU Purchasing Department to all holders of bid documents in the form of written addenda. Such addenda shall be issued so as to be received at least seven (7) days prior to the time set for receipt of bids. All addenda so issued shall become part of the contract documents and shall be acknowledged in the bid form.

2.6.2

Vendors are cautioned to refrain from including in their bid any substitutions that are not confirmed by written addenda.

Inquiries Questions relative to the products listed or other technical specifications of this RFP should be directed to: For ISU: Jennifer Lohrbach at 515-294-5070 or [email protected] For SUI: Kurt Henderson at 319- 335-0305 or [email protected] For UNI: Molly Rickert at 319-273-6448 or [email protected] Questions relative to the administrative aspects should be directed to Al Brooks at 515-294-7040 or [email protected]

2.8

Evaluation The evaluation of RFP's will be based upon, but not limited to, the following criteria: •Ability to provide products requested in Section I •Cisco certifications •Ability to provide satisfactory references •Warranty •Responsiveness to RFP terms and conditions •Payment terms •Discounts offered •Training Credits •Ability to offer Gigamom, F5, Lanscope and Sourcefire products

2.9

Payment and Ordering Discounts or Rebates Bidders shall indicate any additional savings to be offered and included in Proposal to the Regents. All Administrative Fee/Rebates will be provided to participating entities on a quarterly basis within 90 days of the quarter’s end. As an alternative, these discounts can be provided in the form of a discount at the time of order placement. Examples of rebates/discounts include, but are not limited to: a) Payment with an authorized Purchase Card, credit card or other instantaneous payment. b) Online order placement of 75% or more. c) Online order placement of 90% or more. d) All online orders from a given participant meet or exceed an average size of $150 per order. 8

e) If all of the participant’s online orders reach an average size of $_______________ per order. An additional rebate of _________ % will be provided. As an alternative to a rebate, a discount could be provided at the time of order. f) Participant utilizes a single point delivery location. g) Participant purchases in bulk. h) Participant meets vendor brand preference threshold. i) Bidder shall indicate any additional volume rebates that will be provided to the Regents Universities on an annual basis. Please outline the rebate based on the following annual purchases against the contract. $10 million $15 million $20 million

______% ______% ______%

j) Bidder is awarded the Regents contract as the sole Primary Vendor. k) If the Bidder also operates a commercial website for general public access that offers certain items at pricing that is less than contract pricing, Bidder should be willing to ensure that the Regents members will receive the lower of contract pricing or public website pricing. l) Please include any other discounts or rebates Bidder is willing to provide. m) A “technology fee” consisting of an additional of one (1) percent discount will be offered for all Institutions utilizing an online or internal e-commerce procurement systems similar to SciQuest (http://www.sciquest.com/). The technology fee is used to enable hosting the vendor on a Regent’s University’s systems by offsetting hosting fees charged by the e-commerce vendor. This is a mandatory requirement.

2.10

Special Incentive and Volume Discounts The Regents Universities expect the combined volume generated by the Regents Universities and participating entities will provide for improved discounts superior to those offered to the Regents Universities on past individual contracts of lesser dollar amounts. Special pricing offered as incentives to increase business or for promotional purposes are to be offered as part of the Bidder’s proposal. Special volume incentives will be expected to apply to the most frequently purchased products. The successful Bidder shall review Regents Universities purchasing history at least once per year with the goal of identifying further savings for high volume items. Any special offers should be communicated with Regents Universities on a weekly basis or as they become available. Please outline how Vendor would communicate special pricing, periodic sales, rebate opportunities, etc. to the Regents Universities.

2.11

Additional Value-Added Incentives Additional offers for efficient contract management practices by Regents Universities that would add value to your Proposal should be clearly stated in your offer. The Regents Universities will determine a realistic value to each value-added offer and, if applicable, factor that value in to the cost evaluation. However, each Regents institution has the right to determine if cost savings offered in response to this RFP merits utilizing the service 9

or product offered. Therefore, it is in each Bidder’s interest to ensure the Proposal contains pricing and value added services that will be attractive to the Regents Universities. The Regent Institutions will be awarding Supplier(s) that have the ability to partner with each institution to develop and enhance ongoing, current, and future research. The Supplier will be required to meet the unique needs of each entity. The Institutions require an on-site product representative that is very knowledgeable in current and developing research. This representative is required to have detailed product understanding, quick response times, and ability to provide information pertinent to research being conducted. The awarded Supplier should have the ability to see a broad scope of research capabilities that will assist in development and not delay progress.

2.12

Electronic Ordering Provide the Regents Universities with the ability to order directly via the internet. At a minimum: 2.12.1) Access should be secure for Regents accounts. 2.12.2) Instruction brochure explaining how your system works will be included in your offer. 2.12.3) A log on account number will be provided so that Regents Universities can log in and evaluate your online ordering system. 2.12.4) Electronic order entry, billing, and fund transfer may also become part of the e-business solution offer. 2.12.5) Bidder’s online ordering portal and catalog shall provide help functions, order tracking, related item prompts, automatically open into the display item status, price, description, and photo if available. Bidders shall also be responsible for making available a customer service representative/technical support person to handle online orders and mitigate any order-related or technical issues. When responding to this section please: a) Describe Bidder’s online catalog and ordering capabilities and explain Bidder’s online ordering website, does it have the ability to interface with Regents Universities’ third party shopping mall websites such as SciQuest sites in order to provide end users with one-stop shopping; b) Describe Bidder’s ability to provide agency specific online order platforms (i.e. ordering platforms that allow for agency-specific item blocking and markups, etc. c) Describe Bidder’s ability to identify products with recycled content via online system; e) Describe how Bidder’s company will make available copies of its printed catalogs and deliver them free of charge to the Regents Universities upon request; f) Describe Bidder’s ability to create a custom catalog for Regents Membership Participants; g) Describe Bidder’s process for removing items that are discontinued via the online system and online B2B applications; i) Provide an overview of Bidder’s e-commerce implementation plan, including a timeline. Include and describe resources that will ensure compatibility with Participant’s e-commerce systems; j) Describe Bidder’s ability to show the list price and the appropriately discounted contract price within its ecommerce system. m) Describe Bidder’s process for providing quarterly price files for approval prior to the date the pricing goes into effect. n) Bidder’s must have the capability to provide Participants with a quarterly price file for review and data importing purposes.

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2.13

Freight Policy All shipments shall be F.O.B. Destination for each participating members’ specified location delivery, with all freight costs borne by Bidders. Prospective Bidders are responsible for filing and expediting all freight claims with the carrier. The Bidder shall bear title and risk of loss or damage to the participant’s dock or desktop. Rush delivery that occurs as a result of the Bidder’s error will be free of charge. When responding to this section please describe and provide copies of your freight policy.

2.14

Special Contract Provisions Any special pricing offered to Regents Universities through existing contracts will be incorporated into your offer for the duration of those contracts, and updated should new contracts be award during the term of this agreement. Provide confirmation of this section with your offer. Any special pricing made to one Regents University must be made available to all Regents Universities to provide for uniform contract administration.

2.15

Disaster Emergency Recovery A Presidential Disaster Declaration is defined once a disaster has occurred, and the State has declared a state of emergency, the State will evaluate the recovery capabilities of the State and local governments. If it is determined that the damage is beyond their recovery capability, the governor will normally send a request letter to the President, directed through the Regional Director of the appropriate FEMA region. The President then makes the decision whether or not to declare a major disaster or emergency. Examples of Disasters include (but not limited to) the following: Earthquake, Enemy Attack, Energy Disruption, Grass or Timber Fire, Severe Winter Storm, Expansive Soil, Public Disorder, Dam Failure, Hailstorm, Thunderstorm/Lightening, Extreme Heat, Terrorism, Structural Failure, Landslide, Tornado, Flash Flood, Pandemic, Structural Fire, River Flood, Windstorm. When responding to this section please: a) Describe Bidder’s policy and process if a disaster occurs; b) Describe alternate delivery methods; c) Describe Warehouse Access; d) Describe online ordering process if a disaster occurs; e) Describe online payment process if a disaster occurs; f) Provide main contact name, title, phone and email to contact during this time.

2.16

Customer Service The Regents Universities consider good customer service an essential requirement of contractual agreements. The Regents Universities therefore, requests that at least one member in customer service and one or more in sales is assigned to manage the Regent’s Universities accounts. These individuals shall be familiar with all aspects of your offer and be empowered to make changes as needed to comply with the contract. A fully informed equally well-trained back up will be required when a designated customer service or sales representative is not available. The Awarded Bidder will be responsible for ensuring insuring that the customer service representative’s workload will allow for convenient and effective interaction with each Regents Universities staff. Bidder shall provide each of the Regents Universities with customer service representatives assigned to handle questions and resolve problems that arise. At least one customer service representative shall be available 8 AM to 5 PM local Iowa time, Monday through Friday for the participating Regents Universities. When responding to this section: a) Bidder shall describe in detail how these requirements shall be met; b) Describe Bidders approach to customer service, for providing on-line ordering, invoicing, and problem solving including how Bidders program will meet the needs of the Regents and their numerous participating ordering entities; c) Describe Bidders experience in marketing your products to large institutions; d) Describe Bidders strategies for promoting business at the various institutions; e) Expectation for handling issues and response time. 11

SECTION III STANDARD TERMS AND CONDITIONS General 3.1

New Equipment This bid (offer) request is for new equipment and supplies. Equipment and supplies offered must be new, U.S. warranted products, no “grey” market products will be accepted.

3.2

Warranty 3.2.1

The bidder shall unconditionally warrant the product as being free from defect and capable of performing to the requirements of this offer when operated by Regents Universities within the parameters specified in the manufacturer's specifications. Within one (1) year from final acceptance of said equipment, the bidder shall correct all errors subsequently discovered in the design not due to the fault and negligence of the Regents Universities and without charge to the Regents Universities.

3.2.2

Vendor expressly warrants that all goods supplied hereunder shall be merchantable in accordance with the Uniform Commercial Code and Iowa Code sections 554.2101 through 554.2725.

3.2.3

Attempts to avoid warranties of merchantability, fitness for a particular purpose and all other express and implied warranties by use of preprinted terms appearing on vendor's forms will be deemed of no effect, and vendor so agrees by responding to this bid solicitation. Vendors are hereby notified and agree that any express wording that waives the above warranties will be grounds for rejection of vendor's bid. Warranties may be considered in the bid evaluation process.

3.3

Remedies Upon Default In any case where the vendor has failed to deliver or has delivered nonconforming goods or services, the Regents Universities shall provide a Cure Notice. The Regents Universities may, within each entity’s sole discretion, accept or reject any or all proposed cure actions. If after notice the vendor continues to be in default, Regents Universities may procure goods or services and substitution from another source and charge the difference between the contracted price and the market price to the defaulting vendor. The Regents University’s Purchasing will assess a five percent (5%) administration fee for any adjustments or credits made as compensation for the vendor’s failure to perform. The Attorney General shall be requested to make collection from the defaulting vendor.

3.4

Immunity From Liability Every person who is a party to this agreement is hereby notified and agrees that Regents Universities are immune from liability and suit for or from vendor's activities involving third parties and arising from any contract awarded.

3.5

Indemnification 3.5.1 Vendor shall defend, indemnify and hold harmless the “State of Iowa”, the “Board of Regents, State of Iowa”, and the specific Regent University, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from (A) the material non-performance, non-compliance or breach with the terms and obligations of this Agreement or (B) bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting there from caused in whole or in part by any negligent act or omission of the Vendor or Subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity, which would otherwise exist as to any party or person. 3.5.2 In any and all claims against a specific Regent University, the State of Iowa Board of Regents, State of Iowa, or any of these parties’ employees, agents, successors, and assigns, by any employee of the Vendor or its Subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the Vendor’s indemnification obligation shall not be limited in any way by any definition or boundary on the amount or type of damages, compensation or benefits payable by or for the Vendor or any Subcontractor under worker's compensation, disability benefits or other employee benefit acts. 12

3.6

Bid Format List discounts by products, services, and maintenance.

3.7

Evaluation Criteria Offers must include all equipment, supplies and services being offered. No consideration will be given for goods or services offered but not included in the written response to this RFP.

3.8

Acceptance Testing With mutual written agreement and subsequent to completion of installation of equipment, Regents Universities shall perform an acceptance test to verify equipment performance in accordance with the Specification which is attached hereto. Upon successful completion of acceptance testing, Regents Universities may provide Seller with written notification of acceptance. Title to said equipment shall remain with Seller until receipt of written acceptance from Regents Universities. Payment for products may be considered as acceptance in lieu of a formal written letter.

3.9

References All offers shall include three (3) customer references of comparable size currently doing business with the Vendor. At a minimum, each reference shall consist of the contact name, company name and contact telephone number.

3.10

Service 3.10.1

All offers shall specify the location of the field service representative(s) responsible for this account.

3.10.2

Specify the parts depot location(s) from which orders for Regents Universities would be shipped.

3.10.3

Vendor must provide onsite Cisco CCIE engineer for presales and consulting services.

3.10.4

Vendor must provide product quote returns within 24 hours of request.

3.11

Service Training Describe Cisco training credit programs being offered. If applicable to optional products offered from Brocade/Foundry and Blue Coat, please specify.

3.12

Trade-In Program Describe Cisco trade-in programs being offered. If applicable to optional products offered from Brocade/Foundry and Blue Coat please specify.

3.13

Alternate Bids or Offers An item(s) which deviate(s) from the specifications as stated in Section (I) may be offered as an alternate(s). Any such items must be clearly marked as "alternate". Iowa State University and/or its appointed designee will be the sole authority in determining whether an alternate item(s) will be considered as comparable to and/or compatible with the specifications of this bid request.

3.14

Reference to Regents Universities In submitting this offer, the bidder agrees not to use the results as a part of any commercial advertising without prior approval of the specific Regents University. The successful Supplier agrees it will not use the name or intellectual property, including but not limited to the Regents Universities’ trademarks in any manner, including commercial advertising or as a business reference, without the expressed prior written consent of the specific Regents University.

3.15

Computer Software If applicable, updates or additions to software which improve the performance or capabilities of the unit will be provided at no charge to Regents Universities, if such updates or additions become available during the initial warranty period.

3.16

Exceptions 3.16.1

Vendors will list any and all exceptions to the specifications, terms and conditions on a separate sheet labeled "Exceptions". Such exceptions or deviations may be considered in evaluating the proposals. This sheet should be attached behind page 1, "Form of Bid". By not including any "Exceptions", vendor agrees to comply with the terms and conditions stated in this documents.

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3.16.2

The terms and conditions of this bid constitute the exclusive agreement between the parties. The terms and conditions cannot be changed without prior written consent of both parties.

3.16.3

Preprinted Vendor's Terms and Conditions The Regents Universities take exception to any preprinted terms and conditions appearing on vendor's forms associated with this bid solicitation, as well as, any preprinted terms and conditions appearing on subsequent order confirmations and invoices, should vendor receive an order, based on this bid solicitation.

3.17

Termination/Rejection All goods which are rejected for nonconformity with the terms and conditions of this agreement are rejected at vendor's expense and shall be returned at vendor's risk of loss and expense. The Regents Universities reserve the right to terminate for non-conformity.

3.18

Hazardous Materials All packaging, transportation and handling of hazardous materials shall be in accordance with applicable federal and state regulations including, but not limited to, the Material Safety Data Sheet provision of O.S.H.A. Hazard Communication Standard 29 CFR 1910.1200, and Iowa Administrative Code, Section 530.

3.19

Public Records The laws of the State of Iowa require procurement records to be made public unless exempted by the Code of Iowa.

3.20

Clean Air and Water Certification Vendor certifies by filling this order, that its facility(s) is not on the Environmental Protection Agency (EPA) List of Violating Facilities. Vendor will immediately notify buyer's purchasing department of the receipt of any communication indicating that any vendor's facilities are under consideration to be listed on the EPA List of Violating Facilities.

3.21

Statement of Current Manufacture In submitting this response, the vendor warrants that the items offered are new and represent the most recent model currently being sold.

3.22

Shipping 3.22.1 All orders shipped to The Regents Universities via common carrier, will be declared at their exact value and fully insured. Insurance which is based on a payout per pound of weight basis is not acceptable. All order acknowledgments must include confirmation of a fully insured shipment. 3.22.2

All shipping is F.O.B. Destination.

3.23

Laws Terms and provisions of this proposal and any contract resulting from this proposal shall be construed in accordance with the laws of the State of Iowa, and any and all litigation or actions commenced in connection with this proposal or contracts resulting from this proposal shall be instituted in the appropriate courts in the State of Iowa.

3.24

Payment Terms Payment terms will be used as a consideration in making an award. The Regents Universities standard payment terms are 5% 15 net 30 days. The Vendor must indicate the amount or percentage of any prepayment requirements. Iowa statutes require vendors to provide surety for prepayment terms. Per Section 8A.514 of the Iowa Code, late interest may only be charged at the rate of 1% per month after 60 days.

3.25

Records for Audit The Vendor shall maintain records and documents, which sufficiently and properly document all sales to ISU and associated business activities with Regents Universities throughout the term of the agreement for a period of at least three (3) years following the termination of the agreement or completion of any required audit, whichever is later. Records to be maintained include both financial records and service records. The Vendor shall permit the Auditor of the State of Iowa or any authorized auditor or representative of the Regents Universities, to access and examine, audit, excerpt and transcribe any directly pertinent documents, papers, electronic or optically stored and created records or other records relating to the services provided or payments made under the terms of the Agreement, wherever such records may be located. Vendor shall not impose a charge for audit or examination of such records. If an audit discloses incorrect billings or improprieties, Regents Universities reserves the right to charge the Vendor for the cost of the audit and appropriate reimbursement.

3.26

Nondiscrimination -- Vendor is subject to and must comply with provisions of the Board of Regents, State of Iowa, Equal Opportunity Policy and applicable state and federal antidiscrimination laws. Vendor shall comply with Executive 14

Order 11246 Equal Employment Opportunity as amended by Executive Order 11375, as supplemented by regulations of 41 CFR part 60. 3.27

Installation (If requested by Regents Universities) The vendor shall be responsible for successful installation and check-out of all instrumentation installed, including the data systems and peripheral items. Installation will be performed by a fully qualified field service engineer with prior experience installing equipment similar to that offered in your offer.

3.28

Insurance 3.28.1 When working on Regent University property Vendors shall maintain until contract termination, Comprehensive General Liability Insurance and Automobile Liability Insurance in the amount not less than One Million Dollars ($1,000,000) for injuries, including accidental death, to any one person and subject to the same limit for each person, and in an amount not less than One Million Dollars ($1,000,000) on account of any one occurrence. Property damage liability insurance shall be in the amount not less than One Million Dollars ($1,000,000). 3.28.2 The vendor will present to the requesting Regent University a Certificate of Insurance showing the specific Regents University and that State of Iowa as an additional insured and evidencing such insurance to be in effect, which certificate will contain the statement: "The insurance covered by this certificate will not be canceled or altered except after thirty (30) days written notice has been received by the Regents University."

3.29

Taxes -- Federal, State, and Local The Regents Universities is exempt from Federal Excise Taxes, and no payment will be made for any taxes levied on the Vendor's employee's wages. Regents Universities are exempt from State and Local Sales and Use Taxes on the services rendered, equipment or parts supplied pursuant to this proposal. Tax Exemption certificates will be furnished upon request. 3.29.1 Certification regarding sales and use tax: By executing this Contract the Supplier certifies it is either (a) registered with the Iowa Department of Revenue, collects, and remits Iowa sales and use taxes as required by Iowa Code chapter 432; or (b) not a “retailer” or a “retailer maintaining a place of business in this state” as those terms are defined in Iowa Code subsections 423.1(42) & (43). The Supplier also acknowledges that the Regents Universities may declare the Contract void if the above certification is false. The Supplier also understands that fraudulent certification may result in a Regents University or its representative filing for damages for breach of contract."

3.30

Audit Penalties The Regents Universities expect pricing will be correct at inception of this contract, penalties will be charged on pricing errors which occur after the initial three-month period that require more than one (1) hour of personnel time to correct. As a result of such errors the vendor shall allocate, at a minimum, an additional discount of three (3) percent of the total invoice of the order or billing statement in which the error occurred. No exceptions to this term will be accepted; however, alternative proposals for effective remedies will be considered. The Regents Universities reserve the right to request an audit be completed at the Vendor’s expense if discrepancies are found. This audit should be completed within 30 days of request. As noted above, the initial review period is three months, if deemed necessary the review period can be extended for a longer period. It is expected that following the review a report will be presented to the requesting Regents University. Should an audit of the Vendor’s prices uncover overcharges, the Regents Universities have the right to request any overpaid amounts be refunded as a credit memo or check. The Vendor agrees to correct these errors within 30-60 days. Undercharges will not be rebilled to the participating entity as a result of such an audit. The awarded vendor will be expected to provide quarterly reviews that verify accuracy of contract pricing; this information will be shared with Regents Universities. Failure to resolve pricing or billing errors in a timely manner (five business days) could result in contract dissolution. 15

The expectation is that day-to-day purchase order issues are resolved within five business days. When responding to this section please: a) Define process for periodic review of contract pricing; include selection criteria, provide examples of report and processes to rectify errors; b) Explain any instances in which you have been involved in a formal investigation of deceptive pricing and/or over-charging; include details and the outcome of each investigation. c) Describe your process for reviewing and correcting individual purchase order pricing issues. Terms Required by Federal Granting Agencies 3.31

Guarantee In filling this order, seller w arrants and guarantees to buyer that the articles are in compliance w ith sections 5 and 12 of the Federal Trade Commission Act; the Fair Packaging and Labeling Act; the Federal Food, Drug and Cosmetic Act; the Consumer Product Safety Act; the Federal Insecticide, Fungicide and Rodenticide Act; the Federal Hazards and Substance Act; the Fair Labor Standards Act; the Wool Products Labeling Act; the Flammable Fabrics Act; the Occupational Safety and Health Act; and the Federal Anti-Kickback Enforcement Act; Debarment and Suspension policies (E.O.s 12549 and 12689); Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333); Rights to Inventions Made Under a Contract or Agreement in accordance w ith 37 CFR part 401; Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended; Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7).

3.32

Equal Employment Opportunity -- Vendor is subject to and must comply w ith regulations of 41 CFR part 60.

3.33

[ X ] If this box is checked this bid and resulting order fall under the Federal Acquisition Regulations https://www.acquisition.gov/far/ and at a minimum the following FAR provisions are incorporated by reference: 52.203-6 Restrictions on Subcontractor Sales to the Government and Alternate I; 52.204-6 Data Universal Numbering System Number.; 52.212-1Instructions to Offerors Commercial Items.; 52.212-2 Evaluation— Commercial Items.; 52.212-3 Offeror Representations and Certifications—Commercial Items.; 52.212-4 Contract Terms and Conditions—Commercial Items.; 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items and Alternate I and Alternate II; 52.216-24 Limitation of Government Liability.; 2.216-25 Contract Definitization and Alternate I; 52.223-1 Biobased Product Certification; 52.223-18 Encouraging Contractor Policies t o Ban Text Messaging While Driving; 52.2193 Notice of HUBZone Set-Aside or Sole Source Aw ard and alternate I; 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.and Alternate I; 52.222-18 Certification Regarding Know ledge of Child Labor for Listed End Products; 52.222-19 Child Labor—Cooperation w ith Authorities and Remedies.; 2.222-40 Notification of Employee Rights Under the National Labor Relations Act.; 52.225-1 Privacy Act Notification; 52.225-3 Buy American Act—Free Trade Agreements—Israeli Trade Act.; 52.225-8 Duty-Free Entry ; 52.225-13 Restrictions on Certain Foreign Purchases.; 52.225-17 Evaluation of Foreign Currency Offers.; 52.225-25 Prohibition on Contracting w ith Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications and 52.233-4 Applicable Law for Breach of Contract Claim.

3.34

Iowa Gift Law The laws of the State of Iowa provide that it is a criminal offense to offer, promise or give anything of value or benefit to a state employee with the intent to influence that employee’s acts, opinion, judgment, or exercise of discretion with respect to that employee’s duties. Evidence of violation of this statute will be turned over to the proper prosecuting attorney.

3.35

Software Accessibility [This section is relevant only to software intended for system wide end-user use related to a Federal sponsored project] Software solutions provided to the Universities shall be compliant with Federal statute Section 508 standards and W3C.org Web Content Accessibility Guidelines (WCAG 2.0 Level AA) for accessibility for persons with disabilities for the minimum level of accessibility. Please review the links provided for specifics related to these referred to standards and guidelines. WCAG guidelines www.w3.org/TR/WCAG20/ and Section 508 www.section508.gov/.The Universities reserve the right to request that the Supplier provide audit 16

and/or test results that document the software’s compliance and the testing methodology utilized. If software is included in this proposal please describe how the software meets the accessibility requirements included with Section 508 and WCAG 2.0 Level AA.

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SECTION IV FORM OF BID RFP # 62797 Title:

Cisco Communication System Parts and Maintenance

Vendor Name: Address:

4.1. Discount Offer on Cisco Products Manufacturer’s list price less _____% discount for orders of $0 to $100,000 Cisco products, FOB Destination (Please expand if you wish to price by Cisco product type) Manufacturer’s list price less _____% discount for orders of $100,000 to $500,000 Cisco products, FOB Destination (Please expand if you wish to price by Cisco product type) Manufacturer’s list price less _____% discount for orders of $500,000 to $1,000,000 Cisco products, FOB Destination (Please expand if you wish to price by Cisco product type) Manufacturer’s list price less _____% discount for orders of $1,000,000 to $2,000,000 Cisco products, FOB Destination (Please expand if you wish to price by Cisco product type) Manufacturer’s list price less _____% discount for orders of $2,000,000 and greater Cisco products, FOB Destination (Please expand if you wish to price by Cisco product type) Manufacturer’s list price less _____% discount for Cisco SmartNet 12-month term maintenance (Please expand if you wish to price by Cisco product type) Manufacturer’s list price less _____% discount for Gigamom products (Please expand if you wish to price by Cisco product type) Manufacturer’s list price less _____% discount for F5 products (Please expand if you wish to price by Cisco product type) Manufacturer’s list price less _____% discount for Lanscope products (Please expand if you wish to price by Cisco product type) Manufacturer’s list price less _____% discount for Sourcefire products (Please expand if you wish to price by Cisco product type) Payment Terms:

_______________________

2. Vendor Service Rates Current Service rates for installation or service are offered at: $ ________ per hour; Travel at $ _________ per hour; Overtime at $________ per hour; Holiday pay at $________ per hour. Can your company provide same day emergency service response _____ YES _____ NO Does your company provide phone or internet service support? _____ YES _____ NO IF YES, check the most applicable: 8AM to 5PM M-F ___; 8AM to 5PM M-Sat ____; 7 day; 24 hour ____ 18

3. Please verify that other Board of Regents institutions (the Iowa Braille and Sight Savings School and the Iowa School for the Deaf) may utilize ISU’s bid pricing: ___ Yes ___ No 4. List Cisco Certifications obtained: ________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________

5. Provide an attachment describing customer training and training credit programs available.

6. Provide an attachment describing Trade in programs and trade in discounts available.

REFERENCES #1 Name

#2 Name

Firm

Firm

Phone #

Phone #

#3 Name Firm Phone #

Authorized Signature: Name Printed or Typed: Telephone Number: Date: Federal Employment Identification Number: NOTE:

Bids may not be considered complete unless this form is completed, signed, and returned with your offer.

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SECTION V Sustainability Information RFP 62797 Iow a State University is involved w ith several initiatives to improve sustainability. Bidders must provide a response to all sections that appear below . 5.1 Product’ s Country of Origin: State the country (or countries) of origin for the products purchased on the order. U.S. Free Trade Zone products must be listed as the country in w hich they w ere manufactured (i.e. w here the free trade zone w as established):     

Peoples Republic of China Indonesia Germany France Japan

    

Taiw an (Republic of China) United States Great Brittan Mexico Other _____________________________

5.2 Vendor’ s Shipping Point: The products purchased on this order w ill ship from: __________________________________, _____________________________, ___________________ Country City State (USA only)

Total Shipping Weight ________________ Add additional shipping points if applicable. 5.3 Mode of Transportation to ISU from vendor’ s facility: Please indicate the primary mode of transportation used for shipment (i.e. that w ill be used for the greater distance.) If you use an express carrier or Postal Service ISU w ill determine the mode):  Air freight  Ocean Surface transport  Rail  Motor Carrier  Express Carrier (i.e. Fed X, UPS, etc)  United States Postal Service. 5.4 Packaging:       

The product(s) on this order w ill be shipped in [check all that apply]: Bio-degradable packaging Packaging materials are made from 100% post consumer recycled products Packaging materials are made from corn or plant based products Packaging Materials can be recycled Packaging materials are non-toxic Packaging materials are reusable Packaging consists of virgin materials

5.5 Energy Consumption: The product or a portion of products in this order are rated for the follow ing energy efficiency programs:     

Energy Star rated as certified by the Federal Energy Management Program Electronic Product Environmental Assessment Tool (EPEAT) Bronze Electronic Product Environmental Assessment Tool (EPEAT) Silver Electronic Product Environmental Assessment Tool (EPEAT) Gold Other Nationally or internationally recognized energy efficiency rating, Please State:___________________________________________________________________ ____________________________________________________________________

 Products are not energy efficiency rated. 20

5.6 Product’ s Recycled Content: The product or a portion of products in this order have the follow ing recycled material content:     

Recycled steel content: state percentage _____% Recycled plastic content: state percentage _____% Recycled rubber content: state percentage _____% Recycled w ood products: state percentage _____% Other recycled content: state type and percentage ____________________________________________________, _________%

 Product(s) contain no recycled content 5.7 Product’ s Green Certification: The product or a portion of products in this order have the follow ing Green Certifications: ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________  Product does not have a Green Certification

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ATTACHMENT A EXCEPTIONS/BID COMPLIANCE FORM NOTE: Additional copies may be made as necessary. Respond only to those terms to w hich you w ould like to take exception.

RFP Item Number

Comply Yes No

Comments

Signature Name Date

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