Cohesity Backup Storage as a Service

Amendment / Modification

This document provides instructions and requirements for submitting quotes for Request for Quotation 2026-R-024 for Cohesity Backup Storage as a Service.

• Instructions for Submission:

  • Offerors must sign and return the PRICING TABLE (Excel Worksheet) with mandatory vendor information.
  • Include any applicable End User License Agreements (EULA) or other referenced Contract Terms and Conditions.
  • If EULAs or Contract Terms are provided, sign and return the ADDENDUM TO COMMERCIAL AGREEMENTS (PDF).
  • Offerors must be Cohesity authorized resellers and provide a current OEM statement authorizing them to sell to the Federal Government in the USA.
  • For telecommunications equipment or high-impact/moderate-impact information systems, provide an OEM STATEMENT OF COMPLIANCE certifying compliance with Section 208 of the Legislative Branch Appropriations Act, 2020.

• Submission Method:

  • Email all documents to Acquisitions@saa.senate.gov, with a CC to Zemirah_courtney@saa.senate.gov.
  • Subject line must include "ATTN: Tonia Courtney, 2026-R-024 Cohesity Backup Storage".
  • Submission deadline: February 2, 2026, at 5 p.m. ET. Early submissions are encouraged.

• Questions Submission:

  • Submit questions via email to acquisitions@saa.senate.gov, with a CC to Zemirah_courtney@saa.senate.gov.
  • Subject line for questions: "ATTN: Tonia Courtney, 2026-R-024 Cohesity Backup Storage".
  • Deadline for questions: January 12, 2026, at 5 p.m. ET.

• Offerors must have an active SAM registration.

• Resellers must supply products directly from the OEM or authorized distributors in the USA.

• Foreign distributors or channels are not acceptable.

• Offerors must provide Firm-Fixed-Prices on an F.O.B. Destination basis. PDF or image formats of the pricing table are not accepted.

• All terms and conditions must be submitted in full text, in searchable PDF, with the quotation. Hyperlinked terms are not applicable unless submitted in full.

• The SAA reserves the right to reject quotations with missing RFQ line items or differing specifications.

• The award will be made on a Lowest Price Technically Acceptable basis.

• The SAA will not provide debriefings.

Solicitation / RFP / RFQ

This document provides instructions and requirements for submitting quotes in response to Request for Quotation 2026-R-024 for Cohesity Backup Storage as a Service.

• Offerors must sign and return the PRICING TABLE (Excel Worksheet) with mandatory vendor information.

• Include any applicable End User License Agreements (EULA) and/or other referenced Contract Terms and Conditions.

• If EULA or Contract Terms are provided, sign and return the ADDENDUM TO COMMERCIAL AGREEMENTS (PDF).

• Offerors must be a Cohesity authorized reseller and provide a current statement from the OEM authorizing the sale of the product to the Federal Government in the USA.

• If offering telecommunications equipment or high-impact/moderate-impact information systems, provide an OEM STATEMENT OF COMPLIANCE.

• Provide Firm-Fixed-Prices on a F.O.B. Destination basis, net of shipping/handling charges.

• Quotations must include all applicable end user license agreements, contract terms and conditions, or terms used in sales to government agencies. Hyperlinked terms are not applicable unless submitted in full text.

• Offerors must have an active registration in the System for Award Management (SAM) database.

• Products must be supplied directly from the OEM, OEM authorized distributors, or OEM authorized distribution channels in the USA.

• The award will be made on a Lowest Price Technically Acceptable basis.

• Procurement is in accordance with Senate Procurement Regulations.

• Offerors may submit an open market quotation or a quotation in accordance with NASA SEWP, GSA Schedule, or other GWAC contracts.

• Submit documents via email to Acquisitions@saa.senate.gov, cc: Zemirah_courtney@saa.senate.gov with "ATTN: Tonia Courtney, 2026-R-024 Cohesity Backup Storage" in the subject line by January 23, 2026, at 5 p.m. ET.

• Questions must be submitted via email to acquisitions@saa.senate.gov, cc: Zemirah_courtney@saa.senate.gov with "ATTN: Tonia Courtney, 2026-R-024 Cohesity Backup Storage" in the subject line no later than January 12, 2026, at 5 p.m. ET.

• The SAA reserves the right to reject quotations missing required RFQ line items or differing from specifications.

• Offeror must be a Cohesity authorized reseller.

• Products must be supplied from USA-based channels.

• Early submissions are encouraged.

• E-mails not referencing the RFQ Number in the subject line may not be accepted.

• The SAA will not provide debriefings.

Form / Attachment / Pricing Sheet

This document is an Original Equipment Manufacturer (OEM) Statement of Compliance regarding limitations on telecommunications equipment procurement. It serves to confirm the OEM's adherence to specific legal prohibitions.

• The statement confirms compliance with Section 208 of the Legislative Branch Appropriations Act, 2020 (P.L. 116-94).
• This act prohibits the acquisition of certain telecommunications equipment and high-impact or moderate-impact information systems, as defined by NIST SP 199.
• The form requires the Name and Title of the Certifying Officer, their Signature, and the Date.

Bidders may need to obtain and submit this statement from their OEMs to demonstrate compliance with procurement restrictions related to telecommunications equipment, particularly for systems categorized as high-impact or moderate-impact under NIST standards. This ensures that the proposed equipment meets regulatory requirements.

Form / Attachment / Pricing Sheet

This document is a pricing table for Solicitation 2026-R-0024 from the U.S. Senate Office of the Sergeant at Arms (SAA). It outlines the firm-fixed-price requirements for products and services, including a base year and four option years. Bidders must provide quotations for the listed items.

• Pricing Basis: Firm-Fixed-Price with F.O.B. Destination shipping.
• Quotation Validity: Prices must be valid until March 31, 2026.
• Line Items: Includes base year (April 1, 2026 - March 31, 2027) and optional years (2027-2031).
• Products/Services: Primarily consists of Cohesity software subscriptions (DataPlatform, Helios, DataProtect, FortKnox), premium support services with HDD non-return options, and hardware refresh services.
• Optional Items: Includes various Cohesity hardware blocks (C5204, C5208S, C5212S) and associated premium support, as well as GCS Gold/Platinum support and IT Analytics services.
• Mandatory Vendor Information: Requires Company Name, Open Market/GSA/NASA SEWP status, Tax ID, and SAM Unique Entity Identifier/DUNS.

This pricing table is critical for bidders to understand the specific products, services, and quantities required by the SAA. Bidders must complete this table with their proposed pricing for the base year and any exercised option years. Failure to comply with the instructions and submission requirements may result in quotation rejection. The SAA reserves the right to reject non-compliant quotations.

Form / Attachment / Pricing Sheet

This document, "Attachment 2 - Purchase Order Clauses - Version 9.0 - December 2025.pdf", outlines the standard clauses that apply to a Purchase Order issued by the Sergeant at Arms (SAA) Contracting Officer. It details the terms and conditions that govern the agreement between the SAA and the Contractor.

• Authority: Defines the issuing authority and the process for modifications.
• Order of Precedence: Establishes the hierarchy of documents in case of conflict, prioritizing the Pricing Table and Scope of Work over Contractor Specific Terms.
• Security: Requires Contractor compliance with Senate security regulations.
• Acceptance: Outlines the SAA's right to inspect and evaluate goods/services.
• Incorporating other Terms by Reference: Specifies that terms referenced by hyperlink or in other documents are not applicable unless submitted in full text.
• Price: Details how price changes (reductions and increases) are handled.
• Taxes: States that the U.S. Senate is tax-exempt.
• Changes: Describes the process for modifications and change orders.
• Payment and Invoicing: Outlines invoicing procedures, required invoice content, and payment timelines, noting the SAA is not bound by vendor invoice due dates and does not pay state/local sales taxes, late fees, or interest.
• Advertising: Rejects clauses referencing advertising and restricts promotional activities.
• Gratuities: Addresses termination for offering gratuities.
• Conflict of Interest: Requires the Contractor to warrant no conflicts of interest.
• Termination: Covers termination for cause and convenience.
• Excusable Delay: Defines conditions for excusable delays.
• Disputes: Rejects clauses referencing disputes and specifies resolution per U.S. Senate Procurement Regulations.
• Senate Data Protection: Details definitions and requirements for protecting Senate data, including notification procedures for legal or investigative processes.
• Privacy and Confidentiality: Outlines Contractor obligations regarding confidential information, including non-use, non-disclosure, and incident reporting.
• Cybersecurity: Requires the Contractor to take commercially reasonable steps to protect IT assets and data.
• Data Transfer: Mandates secure treatment of Senate Data and no transfer to third parties outside the US.
• Artificial Intelligence Training: Reserves rights for the Senate regarding the use of Senate data for AI training.
• Data Return: Specifies requirements for returning or destroying SAA or Senate Data upon order conclusion.
• Incident Notification: Details procedures for reporting security incidents.
• Personnel Security: Outlines requirements for background checks for contractor personnel accessing Senate facilities or networks.
• Non-Applicability: Clarifies that only Federal law applicable to the U.S. Senate applies.
• Assignment: Governs contractor assignment rights.
• Change in Control: Requires notification of ownership changes.
• Government Indemnification: Rejects contractor requests for indemnification.
• Contractor Indemnities: Rejects clauses that violate DOJ's jurisdictional statute.
• Renewals: Rejects clauses for automatic renewals.
• Option to Extend the Term of the Order: Describes the process for extending the order.
• Recovery for Fraud: Preserves the U.S. Government's right to recover for fraud.
• Warranty: States contractor warranties for delivered items.
• General: Designates the point of contact for communications and confirms the order as the sole agreement.

This document is crucial for any bidder as it defines the legal and contractual framework of the purchase order. It clarifies the order of precedence for contractual documents, payment terms, invoicing requirements, data protection, security obligations, and termination clauses. Understanding these clauses is essential for accurately preparing proposals, managing contract performance, and ensuring compliance with Senate requirements.

Amendment / Modification

This document is an Addendum to Commercial Agreements that modifies a License Agreement between a Contractor and the U.S. Senate, Office of the Sergeant at Arms (SAA). It outlines terms that are considered unacceptable to the SAA due to conflicts with Federal law, Senate Regulations, or SAA needs. These unacceptable terms will be null and void and superseded by the Addendum and Senate Purchase Order clauses.

Key modifications and clarifications include:

• Unauthorized Obligations: Clauses requiring the SAA to pay future fees, penalties, interest, attorney fees, legal costs, or indemnify the contractor are unenforceable. Click-wrap or browse-wrap agreements do not bind the SAA.
• Third-Party Claims / Indemnification: Clauses giving the Contractor control over third-party claims (including intellectual property infringement) are modified. The Contractor shall indemnify the SAA against such claims, with the SAA having the right to participate in the defense under the control of the Department of Justice.
• Automatic Renewals: The SAA does not agree to automatic renewal provisions for licenses or software maintenance. Renewals require prior express written SAA approval.
• Audit: Clauses granting the Contractor the right to audit the SAA's use of software are not permitted. The SAA may conduct a self-audit and provide results to the Contractor.
• Taxes and Fees: The SAA is not responsible for any taxes or additional fees beyond the agreed contract price, including late fees or maintenance fees.
• Incorporating Other License Terms: Terms from other documents or websites are not binding unless submitted with the proposal. Third-party terms cannot be incorporated by reference without bilateral modification.
• Venue; Choice of Law: The agreement is governed by Federal law and Regulations. Any language subjecting the SAA to state or foreign law, or prescribing different dispute resolution periods, is deleted.
• Dispute Resolution: Mandatory arbitration is not agreed to. Disputes must be resolved per Senate Regulations. Binding arbitration is not utilized. Claims are determined under the Federal Tort Claims Act. The Contractor must proceed with performance during disputes.
• Equitable or Injunctive Remedies: The SAA does not consent to equitable or injunctive relief, except as permitted by Federal law for copyright, trademark, or patent infringement.
• Unilateral Termination by Contractor: The Contractor cannot unilaterally terminate or suspend rights granted to the SAA. Recourse for alleged breach must be made under Senate Regulations.
• Unilateral Modification: The Contractor cannot unilaterally change license terms. Material changes require a bilateral modification.
• Advertisement: Contractors cannot reference SAA contracts in advertising in a way that implies SAA approval or endorsement.
• Confidentiality: Contractors must maintain strict confidence of contract information and not use it except for internal evaluation.
• Data Protection After Contract Termination: Upon termination, the Contractor must return or destroy SAA/Senate information within 30 days and provide a certificate of destruction.
• Termination for Default: The SAA may terminate for default if the Contractor fails to deliver, perform, or cure failures within specified times. The SAA is not liable for unaccepted services/supplies in case of termination for cause.
• Termination for Convenience: The SAA may terminate for convenience if in its best interest, liable only for services rendered prior to termination.
• Gratuities: The SAA may terminate for default if gratuities are offered to secure favorable treatment.
• Availability of Funds: Payment is contingent upon the availability of appropriated funds.
• Assignment by Licensor: Assignment of SAA contracts by the licensor is prohibited without SAA's prior approval, except for assignment of payment to a financial institution.

This Addendum modifies various sections of a Commercial License Agreement, including but not limited to clauses related to unauthorized obligations, third-party claims, automatic renewals, audits, taxes, venue, dispute resolution, termination, and assignment.

This document does not appear to directly alter proposal submission deadlines or evaluation factors for an ongoing solicitation. Instead, it clarifies and modifies the terms of a potential future contract or existing agreement, ensuring compliance with Federal law and Senate Regulations. Bidders should review these modified terms carefully as they will govern the contract if awarded.