U.S. Senate Cisco Hardware Procurement

Amendment / Modification

This document, "Addendum to Commercial Agreements," serves as an addendum to any contract with the U.S. Senate, Office of the Sergeant at Arms (SAA). It modifies a Commercial License Agreement (or similar instrument) by superseding and controlling over any conflicting terms within the original agreement or Senate Purchase Order clauses. The addendum addresses several key areas where standard commercial terms are deemed unacceptable due to conflicts with Federal law, US Senate Procurement Regulations, or SAA/Senate needs.

Key modifications and clarifications include:

• Unauthorized Obligations: Clauses requiring the SAA to pay future fees, penalties, interest, attorney fees, legal costs, or to indemnify the contractor for damages, costs, fees, or liabilities that would violate the Anti-Deficiency Act are unenforceable and deemed stricken.
• Third-Party Claims / Indemnification: Clauses giving the Contractor control over claims or disputes involving third-party claims (including intellectual property infringement) are modified. The Contractor shall indemnify and hold harmless the SAA from such claims, with the SAA having the right to participate in the defense under the control of the U.S. Department of Justice.
• Automatic Renewals: The SAA does not agree to automatic renewal provisions for licenses or software maintenance. Such terms will not renew automatically upon expiration without prior express written SAA approval.
• Audit: Clauses granting the Contractor the right to audit the SAA or Senate's use of software licenses are not permitted for security reasons. The SAA may conduct a self-audit upon request.
• Taxes and Fees: The SAA is not responsible for any taxes or additional charges beyond the agreed contract price, including late fees, termination fees, or maintenance fees.
• Incorporating Other License Terms: Terms from other documents or websites are not binding unless submitted with the proposal. Unilaterally revised terms inconsistent with the contract are not enforceable.
• Venue; Choice of Law: The agreement is governed by Federal law and Regulations. Any language subjecting the SAA to state, territorial, or foreign law is deleted. Forum and venue for proceedings are dictated by Federal law and Regulations.
• Dispute Resolution: Mandatory arbitration is not agreed to. Disputes must be resolved according to Part 4 of the Regulations. Binding arbitration is not utilized. Claims are determined under the Federal Tort Claims Act. Contractors must proceed diligently with performance while disputes are pending.
• Equitable or Injunctive Remedies: The SAA does not consent to clauses entitling the Contractor 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 against the SAA for alleged breach must be made under the 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 protect contract information and not use it except for internal evaluation.
• Data Protection After Contract Termination: Contractors must return or destroy SAA/Senate information within 30 days of termination and provide a certificate of destruction.
• Termination for Default/Convenience: The SAA may terminate for default or convenience. If terminated for default, the SAA may withhold sums to protect the Senate. If terminated for convenience, the SAA is 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 without prior SAA approval is prohibited, except for assignment of payment to a financial institution.

This addendum modifies and supersedes specific clauses within a Commercial License Agreement, including but not limited to those related to obligations, third-party claims, renewals, audits, taxes, dispute resolution, termination, and assignment.

Bidders should ensure their proposals and any proposed license agreements align with the terms outlined in this addendum. Specifically, any clauses in a proposed agreement that conflict with the terms of this addendum will be considered null and void or modified as specified herein. The addendum clarifies that the Contractor agrees to all its terms if awarded the contract.

Solicitation / RFP / RFQ

This document provides instructions and requirements for submitting quotes for Request for Quotation (RFQ) 2026-R-036, concerning U.S. Senate Cisco Hardware Procurement.

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

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

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

• Resellers must provide a current statement from the Original Equipment Manufacturer (OEM) authorizing them to sell the product 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.

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

• Any terms and conditions referenced as hyperlinks or in other documents are not applicable unless submitted in full text, in searchable PDF.

• The award will be made on a Lowest Price Technically Acceptable (LPTA) 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 e-mail to Holly_McDonald@saa.senate.gov.

• Subject line must be "U.S. Senate RFQ 2026-R-036".

• Submission deadline: 5 PM on March 20, 2026. Early submissions are encouraged.

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

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

• 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.

• This request does not commit the SAA to pay any costs incurred in preparation or submission, nor to purchase or contract for any item.

• The SAA will not provide debriefings.

• The SAA encourages the OEM, if applicable, to sign and return the ADDENDUM TO COMMERCIAL AGREEMENTS.

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 compliance with Section 208 of the Legislative Branch Appropriations Act, 2020, and the Further Consolidated Appropriations Act, 2020 (P.L. 116-94).

• The statement confirms that the OEM is in compliance with the specified legislation, which prohibits the acquisition of certain telecommunications equipment and high-impact or moderate-impact information systems.
• It references the National Institute of Standards and Technology's (NIST) Federal Information Processing Standard Publication 199 for definitions of security categorization.
• The form requires the Name and Title of a Certifying Officer, their Signature, and the Date.

Bidders may need to obtain and submit this statement from their OEMs to demonstrate compliance with federal regulations concerning telecommunications equipment, particularly for opportunities involving such systems or high-impact/moderate-impact information systems.

Form / Attachment / Pricing Sheet

This document is a pricing table for Solicitation 2026-R-036, issued by the U.S. Senate Office of the Sergeant at Arms (SAA). It requires offerors to provide firm-fixed-price quotations for specified products.

• The pricing table lists specific Cisco firewall appliances, software, and accessories.
• Offerors must provide Unit Price and Total Price for each line item.
• All prices are to be in USD.
• Shipping is to be F.O.B. Destination, United States Senate, Washington, DC 20510.
• Offerors must separately identify any shipping/handling charges.
• Offerors must state if their quotation is Open Market, or subject to a GSA Schedule/NASA SEWP/Other GWAC.
• Price quotes must be valid until June 15, 2026.
• Mandatory vendor information includes Company Name, Open Market/GSA/NASA SEWP status, TAX ID NO., and DUNS or Unique Entity Identifier.

This document is critical for potential bidders to understand the specific hardware and software requirements and to formulate their price quotations. Bidders must complete this table accurately and ensure their pricing is valid until the specified date. Compliance with the instructions within this pricing table and the overall RFQ is mandatory for a quotation to be considered.

Form / Attachment / Pricing Sheet

This document outlines the "Purchase Order 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 SAA Contracting Officer's authority and the process for modifications.
• Order of Precedence: Establishes the hierarchy of documents that will resolve any inconsistencies (Pricing Table, Scope of Work, Purchase Order Clauses, etc.).
• Security: Requires Contractor compliance with Senate security regulations.
• Acceptance: Outlines the SAA's right to inspect and evaluate goods/services and the process for addressing non-conforming items.
• Incorporating other Terms by Reference: Specifies that terms referenced by hyperlink or in other documents are not applicable unless submitted in full text with the quotation.
• Price: Addresses price reductions and the requirement for mutual agreement on price increases.
• Taxes: States that the United States Senate is tax-exempt.
• Changes: Details the process for modifications and change orders, including the Contractor's right to claim equitable adjustment.
• Payment and Invoicing: Provides instructions for invoice submission (email to AP@saa.senate.gov), payment processing, and required invoice content.
• Advertising: Rejects clauses in Contractor Specific Terms referencing advertising and restricts promotional activities.
• Gratuities: Outlines grounds for termination due to gratuities offered by the Contractor.
• Conflict of Interest: Requires the Contractor to warrant no conflicts of interest and cooperate with investigations.
• Termination for Cause/Convenience: Details the SAA's rights to terminate the order.
• Excusable Delay: Defines conditions under which non-performance may be excused.
• Disputes: Rejects Contractor Specific Terms regarding disputes and specifies resolution under Senate Procurement Regulations and Federal law.
• Senate Data Protection: Outlines definitions and requirements for protecting Senate data, including notification procedures for legal or investigative processes.
• Privacy and Confidentiality: Defines "Confidential Information" and sets forth Contractor obligations for non-disclosure and reporting of breaches.
• Cybersecurity: Requires the Contractor to take reasonable steps to protect IT assets and data.
• Data Transfer: Mandates secure treatment of Senate Data and no transfer outside the US.
• Artificial Intelligence Training: Reserves rights for the Senate regarding the use of Senate data for AI training.
• Data Return: Requires the return or destruction of SAA or Senate Data upon order conclusion.
• Incident Notification: Specifies procedures for reporting security incidents.
• Personnel Security: Details requirements for background checks for contractor personnel accessing Senate facilities or systems.
• Non-Applicability: Clarifies that only Federal law applicable to the U.S. Senate applies.
• Assignment: States that assignment rights are subject to Anti-Assignment statutes.
• Change in Control: Requires Contractor notification of changes in ownership.
• Government Indemnification: Explains why the Senate/SAA cannot agree to advance indemnification.
• Contractor Indemnities: Rejects Contractor Specific Terms that violate DOJ's jurisdictional statute.
• Renewals: Rejects Contractor Specific Terms providing for automatic renewals.
• Option to Extend the Term of the Order: Outlines 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 potential bidder as it defines the legal and contractual framework of the Purchase Order. It clarifies the order of precedence for contract documents, outlines specific requirements for security, data protection, and cybersecurity, and details payment and invoicing procedures. Bidders must understand these clauses to ensure their proposals and subsequent performance comply with Senate requirements. Notably, it rejects many standard commercial terms that may conflict with Senate regulations, emphasizing the need for bidders to rely on the terms presented in this document and the primary solicitation.