HomeMy WebLinkAboutBID - 7317 CHECKPOINT FIREWALL FOR AMIC'+� 01
Financial Services
a•
Purchasing Division
215 N. Mason St. 2nd Floor
F6rt
Collins
PO Box 580
Fort Collins, CO 80522
970.221.6775
Purchasing
970.221.6707
fcgov. com/purchasing
INVITATION TO BID
7317 CHECKPOINT FIREWALL
BID OPENING: 3:00 P.M. (our clock), January 21, 2012
The City of Fort Collins is requesting bids from firms for Checkpoint firewall software and appliances
as set forth in the accompanying spreadsheet.
Sealed bids will be received and publicly opened at the office of the Director of Purchasing and Risk
Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the
time and date noted on the bid proposal and/or contract documents. If delivered, they are to be
sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is
P.O. Box 580, Fort Collins, 80522-0580.
Bids must be received at the Purchasing Office prior to 3 p.m. (our clock), January 27, 2012.
Questions regarding bid scope, submittal or process should be directed to Jim Hume, CPPO,
Senior Buyer at (970) 221-6776 or jhume@fcgov.com.
A copy of the Bid may be obtained as follows:
Download the Bid from the Purchasing Webpage, Current Bids page, at:
http://fcgov.com/eprocurement
Special Instructions
All bids must be properly signed by an authorized representative of the company with the legal
capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set
for closing. Once bids have been accepted by the City and closing has occurred, failure to enter
into contract or honor the purchase order will be cause for removal of supplier's name from the City
of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may
also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of
forty-five (45) days after bid openings.
Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained
in the City's specifications initially provided to the bidder. Any proposed modification must be
accepted in writing by the City prior to award of the bid.
Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly
identified by the bid number and bid name contained in the bid proposal.
No proposal will be accepted from, or any purchase order awarded, to any person, firm or
corporation in default on any obligation to the City.
Bids must be furnished exclusive of any federal excise tax, wherever applicable.
Bidders must be properly licensed and secure necessary permits wherever applicable
BID 7317 Checkpoint Firewall Page 1 of 10
(2) DEFINED TERM. —In this subsection, the term "hire" means to permit a new employee to
commence a period.of employment.
Lobbying
Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure
Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or
bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New
Restrictions on Lobbying." Each tier certifies to the tier above that.it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by,31 U.S.C. 1352. Each tier shall also disclose the
name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts
on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered
by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
Clean Air
The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seg. The Contractor agrees to
report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn,
report each violation as required to assure notification to FTA and the appropriate EPA Regional
Office.
Clean Water Regulations
The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et sec. The
Contractor agrees to report each violation to the Purchaser and understands and agrees that the
Purchaser will, in turn, report each violation as required to assure notification to DOE and the
appropriate EPA Regional Office.
BID 7317 Checkpoint Firewall Page 10 of 10
Spreadsheet locked except for Bid Price cells and
(Company
Bid #7317, Checkpoint Firewall
Name cell.
Part Name
Qty
Bid Price
Extension
Notes
FW appliance - primary
Check Point CPAP-
for CHW - includes IPS
SG12207
1
0.00
0.00
blade
4 port 10G SFP+
Check Point CPAC-4-10E-
INSTALL
1
0.00
0.00
interface card
MM fiber 10GBase
Data Center
Primary
Check Point CPAC-TR-
10SR
3
0.00
0.00
SFP+ transceiver
enforcement
point
Check Point CPAC-
RAM4GB-INSTALL
1
0.00
0.00
4GB memory upgrade
Redundant
Check Point FW appliance
maintenance 24x7
1
0.00
0.00
Annual Maintenance
pair for Data
Center. 10G
Check Point IPS blade
subscription
1
0.00
0.00
Annual subscription
capability for
best data
Sub -total
0.00
throughput
for server
FW appliance -
Check Point CPAP-
secondary for CHW -
backups, etc.
SG12207
1
0.00
0.00
includes IPS blade
4 port 10G SFP+
and IPS.
Check Point CPAC-4-10E-
INSTALL
1
0.00
0.00
interface card
MM fiber 10GBase
Data Center
Secondary
Check Point CPAC-TR-
10SR
3
0.00
0.00
SFP+ transceiver
enforcement
point for High
Check Point CPAC-
RAM4GB-INSTALL
1
0.00
0.00
4GB memory upgrade
Availability.
Check Point FW appliance
maintenance 24x7
1
0.00
0.00
Annual Maintenance
Check Point a e
subscription
1
0.00
0.00
Annual subscription
r
Sub total
0.00
. ( ..• .. _1
FW appliance - for
Check Point CPAP-
Police Services -
No
SG12207
1
0.00
0.00
includes IPS blade
redundancy
at Disaster
Check Point CPAC-4-10E-
4 port 10G SFP+
INSTALL
1
0.00
0.00
interface card
Recovery
Disaster
Recovery Site
Site. 10G
Check Point CPAC-TR-
MM fiber 10GBase
10SR
3
0.00
0.00
SFP+ transceiver
enforcement
capability for
best data
Check Point CPAC-
RAM4GB-INSTALL
1
0.00
0.00
4GB memory upgrade
Point
throughput
for server
Check Point FW appliance
maintenance 24x7
1
0.00
0.00
Annual Maintenance
backups, etc.
and IPS.
Check Point IPSEFae
subscription
1
0.00
0.00
Annual subscription
'-
fie.. `
4tm r 4' ;1' k'€H
�_ ��. �r.. �.
Sub -total
0.00,.E
M c' tgo �i3'; i �, v.t 3r u s �' s� ,.
,�.sr„ ,. �,.���._�.�� u�4�W ,
- c :}
c vrG' -•-`"r A sr iq $ y , +s s 4r � 4 a �-r�
4 ri
,. 'r ' R..-.,i
Bid Total
$0.00
�
4..x
Enter prices under Bid Price column and submit bid to: jhume(abfcclov.com along with any other
information you wish to provide.
Company name:
Bidders not responding to this bid will be removed from our automated vendor listing for the subject
commodities.
The City may elect where applicable, to award bids on an individual item/group basis or on a total
bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject
any and all bids, and to waive any irregularities or informalities.
Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision -
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or
is seeking to do business with the City of Fort Collins is prohibited.
Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight
charges must be included in prices submitted on proposal.
Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not
entered as separate pricing on the proposal form.
Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with
the City's purchasing restrictions. A copy of the resolutions is available for review in the Purchasing
Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions.
Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported
to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is
not a collusive or sham bid.
Bid results: for information regarding results for individual bids send a self-addressed, self -stamped
envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after
the bid opening.
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
BID 7317 Checkpoint Firewall Page 2 of 10
Bid Proposal
Bid #7317
Checkpoint Firewall
Bid Opening: January 27, 2012, 3:00pm (our clock)
The City of Fort Collins is seeking bids on Checkpoint firewall software and appliances as set forth
in the accompanying spreadsheet.
Please supply pricing and delivery information. All items to be quoted FOB destination.
JIM HUME, BUYER -- jhume(Mcgov.com or FAX (970) 221-6707
Any questions regarding this inquiry should be directed to the listed buyer.
Specifications:
See Excel spreadsheet: 7317 Checkpoint Firewall Bid Form for part names, explanatory notes, and
usage information. Enter bid pricing on spreadsheet, where indicated, and email this page and
completed bid form to purchasingCc fcgov.com
List any exceptions to the specifications, if any:
By:
Date:
Print Name:
Title:
Company Name:
Phone #:
Email:
BID 7317 Checkpoint Firewall Page 3 of 10
FEDERAL REQUIREMENTS
To the extent applicable, the terms and conditions under federal law listed below are incorporated
into this Agreement.
No Obligation by the Federal Government
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence
by the Federal Government in or approval of the solicitation or award of the underlying contract,
absent the express written consent by the Federal Government, the Federal Government is not a
party to this contract and shall not be subject to any obligations or liabilities to the Purchaser,
Contractor, or any other party (whether or not a party to that contract) pertaining to any matter
resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in
part with Federal assistance provided by DOE. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
Program Fraud And False Or Fraudulent Statements And Related Acts
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the
underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying
contractor the DOE assisted project for which this contract work is being performed. In addition to
other penalties that may be applicable, the Contractor further acknowledges that if it makes, or
causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
Federal Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a contract
connected with a project that is financed in whole or in part with Federal assistance originally
awarded by DOE under the authority of 49 U.S.C. § 5307, the Government reserves the right to
impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the
extent the Federal Government deems appropriate.
Federal Changes
Contractor shall at all times comply with all applicable DOE regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Grant Agreement
between the City of Fort Collins (the City) and DOE, as they may be amended or promulgated from
time to time during the term of this contract. Contractor's failure to so comply shall constitute a
material breach of this contract.
Termination
a. Termination for Convenience The City may terminate this contract, in whole or in part, at any
time by written notice to the Contractor when it is in the Government's best interest. The Contractor
shall be paid its costs, including contract close-out costs, and profit on work performed up to the
time of termination. The Contractor shall promptly submit its termination claim to the City to be paid
the Contractor. If the Contractor has any property in its possession belonging to the City, the
Contractor will account for the same, and dispose of it in the manner the City directs.
BID 7317 Checkpoint Firewall Page 4 of 10
b. Termination for Default If the Contractor does not deliver supplies in accordance with the
contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the
manner called for in the contract, or if the Contractorfails to comply with any other provisions of the
contract, the City may terminate this contract for default. Termination shall be effected by serving a
notice of termination on the contractor setting forth the manner in which the Contractor is in default.
The contractorwill only be paid the contract price for supplies delivered and accepted, or services
performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the City that the Contractor had an excusable reason for not performing,
such as a strike, fire; or flood, events which are not the fault of or are beyond the control of the
Contractor, the City, after setting up a new delivery of performance schedule, may allow the
Contractor to continue work, or treat the termination as a termination for convenience.
c. Opportunity to Cure The City in its sole discretion may, in the case of a termination for breach
or default, allow the Contractor 10 days in which to cure the defect. In such case, the notice of
termination will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to the City's satisfaction the breach or default of any of the terms,
covenants, or conditions of this Contract within ten (10) days after receipt by Contractor of written
notice from the City setting forth the nature of said breach or default, the City shall have the right to
terminate the Contract without any further obligation to Contractor. Any such termination for default
shall not in any way operate to preclude the City from also pursuing all available remedies against
Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for
any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the
City shall not limit the City's remedies for any succeeding breach of that or of any other term,
covenant, or condition of this Contract.
Breaches and Dispute Resolution
Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of the City's
Director of Purchasing. This decision shall be final and conclusive unless within ten (10) days from
the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the
Director of Finance. In connection with any such appeal, the Contractor shall be afforded an
opportunity to be heard and to offer evidence in support of its position. The decision of the Director
of Finance shall be binding upon the Contractor and the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by the City, Contractor shall continue
performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees, agents or others for
whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other
party within a reasonable time after the first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other
matters in question between the City and the Contractor arising out of or relating to this agreement
or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent
BID 7317 Checkpoint Firewall Page 5 of 10
jurisdiction within the State in which the City is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available bylaw. No action or failure to act
by the City or Contractor shall constitute a waiver of any right or duty afforded any of them under
the Contract, nor shall any such action orfailure to act constitute an approval of or acquiescence in
any breach thereunder, except as may be specifically agreed in writing.
DOE Requirements
DOE requires specific contract terms for the purpose of making audit, examination, excerpts,
and transcriptions. Contractor is required to retain all required records for three years after the
City makes final payments and all other pending matters are closed.
Contractor shall submit all records, data, information and reports to the City required in the
Agreement containing Confidential Information which Contractor does not want disclosed to the
public or used by DOE or any other Governmental Authority for any purpose other than in
connection with this Agreement and the Project, marked conspicuously with the following notice
or with a notice or label of substantially the same effect:
"Notice of Restriction on Disclosure and Use of Data
The data contained in pages ----of this [designate material] have been submitted in confidence
and contain trade secrets or proprietary information, and such data shall be used or disclosed
only for evaluation purposes, provided that DOE shall have the right to use or disclose the data
here to the extent provided in the DOE Grant Agreement. This restriction does not limit the
Federal government's right to use or disclose data obtained without restriction from any source,
including Contractor."
Intellectual Property
Contractor may copyright any work that is subject to copyright and is developed by Contractor
under the Agreement. To the extent specifically permitted under applicable law, DOE reserves a
royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use any
copyrightable work developed by Contractor under this Agreement for Federal purposes and to
authorize others to do so. DOE has the right to: (1) obtain, reproduce, publish or otherwise use
the data first produced under this Agreement; and (2) authorize others to receive, reproduce,
publish or otherwise use such data for Federal purposes.
Debarment and Suspension
Contractor shall comply with requirements regarding debarment and suspension in Subpart C of
2 C.F.R. parts 180 and 901.
Officials Not to Benefit
Contractor shall comply with the requirement that no member of Congress shall be admitted to
any share or part of this Agreement, or to any benefit arising from it, in accordance with 41
U.S.C.22.
Civil Rights Requirements
The following requirements apply to the underlying contract:
Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §
2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section
202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49
BID 7317 Checkpoint Firewall Page 6 of 10
U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant
for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the
Contractor agrees to comply with applicable Federal implementing regulations -and other
implementing requirements DOE may issue.
Equal Employment Opportunity - The following equal employment opportunity requirements
apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as
amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees
to comply with all applicable equal employment opportunity requirements of U.S. Department of
Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et sec., (which implement
Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No.
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. §
2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal
policies that may in the future affect construction activities undertaken in the course of the Project.
The Contractor agrees to take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, creed, national origin,
sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. In addition, the
Contractor agrees to comply with any implementing requirements DOE may issue.
(b) Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to
refrain from discrimination against present and prospective employees for reason of age. In
addition, the Contractor agrees to comply with any implementing requirements DOE may issue.
(c) Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended,
42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal
Employment Opportunity Commission, "Regulations to Implement the Equal Employment
Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of
persons with disabilities. In addition, the Contractor agrees to comply with any implementing
requirements DOE may issue.
Disadvantaged Business Enterprise (Dbe)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises
(DBE) is 10%. The agency's overall goal for DBE participation is 9.9%. A separate contract goal
has not been established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry
out these requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract
the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR
26.13(b)). The successful bidder/offeror will be required to report its DBE participation obtained
through race -neutral means throughout the period of performance.
c. The contractor is required to pay its subcontractors performing work related to this contract for
BID 7317 Checkpoint Firewall Page 7 of 10
satisfactory performance of that work no later than 30 days after the contractor's receipt of payment
for that work from the City of Fort Collins. In addition, the contractor may not hold retainage from
its subcontractors.
d. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor
performing work related to this contract is terminated or fails to complete its work, and must make
good faith efforts to engage another DBE subcontractor to perform at least the same amount of
work. The contractor may.not terminate any DBE subcontractor and perform that work through its
own forces or those of an affiliate without prior written consent of City of Fort Collins.
Cargo Preference Requirements
To the extent required under the ARRA or other applicable law for this Project, the Contractor
agrees: a) to use privately owned United States -Flag commercial vessels to ship at least 50 percent
of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers)
involved, whenever shipping any equipment, material, or commodities pursuant to the underlying
contract to the extent such vessels are available at fair and reasonable rates for United States -Flag
commercial vessels; b) to furnish within 20 working days following the date of loading for shipments
originating within the United States or within 30 working days following the date of leading for
shipments originating outside the United States, a legible copy of a rated, "on -board" commercial
ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to
the Division of National Cargo, Office of Market Development, Maritime Administration, Washington,
DC 20590 and to the DOE recipient (through the contractor in the case of a subcontractor's bill -of -
lading.); and c) to include these requirements in all subcontracts issued pursuant to this contract
when the subcontract may involve the transport of equipment, material, or commodities by ocean
vessel.
Project Reporting and Information Requirements
Contractor and its personnel shall cooperate with and provide all records, data, information and
reports requested by the City, in the form and format and within the timeframes requested by
the City, in order to enable the City to comply with the DOE Grant Agreement reporting and
information requirements for the Project. Contractor shall also provide the City with any backup
or additional documentation required by DOE or any other Governmental Authority.
Final Cost Audit
In accordance with Applicable Law and the Federal Assistance Reporting Checklist, DOE F
4600.2, DOE reserves the right under the DOE Grant Agreement to initiate a final incurred cost
audit in connection with the City's Project. Contractor and its personnel shall cooperate with,
and make all necessary AMI System and Contractor cost data and documents available to the.
City and/or to any representative of DOE or any other Governmental Authority for purposes of
such audit.
Job Creation and Retention Reporting
Contractor shall provide the City with all AMI System and Contractor information, in the format
and within the timeframe, requested by the City to enable the City to complete and timely submit
to DOE reports, information and data regarding the City's Project job creation and retention,
including without limitation, monthly and/or quarterly cumulative and/or current reports, as
applicable, on AMI System and Contractor Services jobs created and retained at the
"contractor' or "Contractor' level by Contractor, as required for the City to comply with the
Federal Assistance Reporting Checklist, DOE F 4600.2•and the ARRA Section 1512 reporting
requirements under the DOE Grant Agreement.
BID 7317 Checkpoint Firewall Page 8 of 10
Final Close -Out Report
Contractor shall provide the City with all AMI System and Contractor information, in the format
and within the timeframe, requested by the City to enable the City to complete and timely submit
to DOE reports, information and data at the end of the DOE Grant Agreement performance
period regarding Project completion. Contractor will complete a final close-out report which shall
include such information and detail as the City, DOE or any other Governmental Authority shall
request regarding the Project and Contractor services. If the AMI System and the Contractor
services are completed or terminated prior to Project completion, Contractor shall provide the
City with a final report of the AMI System and the Contractor services through the date of
termination of this Agreement.
American Recovery and Reinvestment Act of 2009
Buv American
Source: OMB Circular
"A Desk Guide to the Buy American Provisions of the Recovery Act- February 2011"
Computer Hardware and Software
Server virtualization software and energy efficiency software are not manufactured goods; and
thus not subject to the Buy American provisions.
Cables and connections are examples of types of hardware equipment that could fall within the
Buy American Recovery Act provisions because their installation makes them a permanent
fixture in the building, similar to electrical wiring and outlets. Specific examples include fiber
optic, Cat-5, or other cabling when installed inside walls, ceilings, or flooring; conduit when
installed inside walls, ceilings, or flooring; and RJ-45 and other connectors when affixed to a
wall or floor. Computer equipment that is built into the building, such as computer systems that
are wired into the HVAC system or used to create a "smart building" could fall within the Buy
American provisions under the same theory.
By contrast, personal computers, file servers, and networking hardware equipment are typically
easily removable and not intended to be permanent fixtures. As such, these products are not
covered by the Recovery Act Buy American provisions. Other examples of hardware components
that likely are not covered are- laptops or notebook computers, personal digital assistants, hand-
held computers, and wireless communication devices; peripheral input/output devices — including
keyboards, printers, etc.
Economic Stabilization Contracting: Employ American Workers Act
(b) PROHIBITION.—
(1) IN GENERAL. —Notwithstanding any other provision of law, it shall be unlawful for any recipient
of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343)
or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant
described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-11B
dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that
the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
BID 7317 Checkpoint Firewall Page 9 of 10