Combined_Synopsis_&_Solicitation_19GE5019Q0024_-_Amendment_0001.pdf

AMERICAN CONSULATE GENERAL

Regional Procurement Support Office Giessener Strasse 30 60435 Frankfurt am Main

Germany

Tel: (49) 69 7535 3331 E-Mail: PfannkucheS@state.gov

August 09, 2019

Combined Synopsis and Solicitation Solicitation Number 19GE5019Q0024-Amendment 0001

The American Consulate General Frankfurt hereby provides the following Combined Synopsis and Solicitation for:

Supply and Delivery of ORACLE database licenses and ORACLE VM and ORACLE Linux support services for the National Police of Ukraine on behalf of the Bureau of International Narcotics and Law Enforcement (INL) Office at the U.S. Embassy in Kyiv, Ukraine. The evaluation of offers will be based on the Lowest-Priced, Technically Acceptable (LPTA) approach.

The buyer is accepting offers for the requested Brand Name ONLY, see the attached Justification for other than Full and Open competition (JOFOC). It is the offeror’s responsibility to prove that the item it is offering meets the requested specifications.

NOTE: The following has been amended:

1. The partnership requirement stated in point 4 under “Other Specific Requirement” has been adjusted.

2. The deadline for submission of questions and quotes has been extended to the dates provided on pages 11 and 12

Synopsis:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number is 19GE5019Q0024 and is issued as a Request for Quotations (RFQ), unless otherwise indicated herein.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2019-03, effective July 12, 2019.

Contract Type:

The Government intends to award a single, firm fixed-price contract to the responsible offeror whose offer is evaluated as the lowest-priced and technically acceptable. The total price shall include all labor, equipment, warranty, pre-delivery inspection charges, manuals, certificates of origin, delivery charges, materials, overhead, profit, insurance, and all other expenses necessary to deliver the required items and provide required services. No additional sums will be payable on account of any escalations in the cost of materials, equipment, or labor, or because of the Contractor’s failure to mailto:PfannkucheS@state.gov properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract.

Term of Contract:

This ensuing contract shall be effective from the date of the Contracting Officer’s signature and shall remain valid until all items are received and accepted by the Government.

Compliance with Specifications:

Offerors shall also provide with their offer, at a minimum, existing product literature from the manufacturer or a third party (i.e., clearly identifying the source) substantiating the acceptability of their offered products in accordance with this solicitation’s specifications provided in the solicitation.

Failure to provide this information will result in a ‘non- responsive’ offer and removal from award consideration.

Descriptive Literature Required:

Definition: (a) "Descriptive literature" means information (e.g., cuts, illustrations, drawings and original manufacturers' brochures) that is submitted as part of an offer. Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as (1) design; (2) materials; (3) components; (4) performance characteristics; and (5) methods of manufacture, assembly, construction, or operation. The term includes only information required to determine the technical acceptability of the offered product. It does not include other information such as that used in determining the responsibility of a prospective contractor or for operating or maintaining equipment. (b) Descriptive literature must be (1) identified to show the item(s) of the offer to which it applies and (2) received by the time specified in this solicitation for receipt of offers. (c) Data displaying more than one model or size shall be clearly marked so as to indicate the specific item being offered. (d) Offers which do not present sufficient information to permit complete technical evaluation by the Government may be rejected. It is the bidder’s responsibility to prove that their proposed solution meets or exceeds the requested specifications, subject to any limitations elsewhere in this solicitation.

Other Specific Requirements:

• If applicable, the Contractor shall comply with all import requirements mandated by the Government of the Ukraine. Furthermore, the Contractor shall provide all the necessary documentation required at destination for importation of the proposed items.

• The Contractor shall obtain all necessary export licenses regardless of shipping method. The end user is the National Police of Ukraine. The Contractor shall state in its export license request that this is a U.S. government funded contract.

• The Contractor shall Provide a letter of guarantee certifying that the vendor is not subject to sanctions pursuant to the effective laws of Ukraine.

• The vendor must have partner status with the manufacturer of the offered software not lower than gold partner or other similar level. To confirm the above, the vendor must provide up-to-date and valid partnership certificate or an authorization letter from the manufacturer of the proposed software with the information confirming the level of the partnership.

• The Contractor must have the right to sell the software listed under the “Technical Compliance Matrix” to the end user located in the territory of Ukraine. To confirm this the contractor must provide an authorization letter from local Ukrainian Manufacturer’s office certifying the right to sell manufacturer’s software in Ukraine.

• All manuals and literature shall be in the English language.

Basis of Price:

The price of all items shall include their transportation f.o.b. destination Kyiv, Ukraine in accordance with FAR 52.247-35.

Warranty:

The Contractor shall provide a copy of warranty information and provide a standard of one (1) year warranty on all software.

Within the warranty period, the contractor shall provide 24 hours 7 days a week on-site technical support as well as via telephone, to trouble- shoot and restore the system to operational state.

The price for warranty support shall be included in the price for each item.

Customs Clearance:

The Contractor is responsible for Ukrainian customs clearance and administration fees, if applicable.

Pre-Delivery Inspection:

The Contractor shall properly perform the pre-delivery inspection on the products and deliver them to the location set forth under “ Delivery” of this contract.

Delivery:

Delivery shall be made f.o.b. destination as soon as possible but not later than thirty (30) calendar days from the date of contract award to the following address:

National Police 15 Volodymyrska Str.

Kyiv Ukraine

No partial deliveries will be accepted.

Coordination:

The Contractor shall coordinate the delivery with the Point of Contact (POC).

POC information will be provided at the time of award.

Marking and Submission of Documents:

If applicable, the Contractor shall provide delivery information or certificates of origin and shipping documents for the required goods being imported to the Point of Contact (POC) in advance of delivery.

Condition of Delivered Goods: All items must be new; no grey market or refurbished products. All items must be in original packaging, never used, and not altered in any way.

APPLICABLE CLAUSES AND PROVISIONS

The full text of the referenced FAR and DOSAR clauses may be accessed electronically at https://www.acquisition.gov/far/ and http://farsite.hill.af.mil/, respectively.

The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, FAR 52.212-2, FAR 52.212-3, – to be completed with other certifications and submitted with the offer; FAR 52.203-17, FAR 52.204-7, FAR 52.204- 13, FAR 52.204-18, FAR 52.212-4, FAR 52.232-40, FAR 52.233-3, FAR 52.247-35, DOSAR 652.232-70, DOSAR 652.242-73, DOSAR 652.243-70, FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items - the applicable clauses under paragraph (b) are: 52.203-6, 52.204-10, 52.209-6, 52.222-19, 52.222-50, 52.223-18, 52.225-13, 52.232-33, [U.S. Firms: 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37].

The following and provision(s) and clause(s) are provided in full text:

Addendum to 52.212-2 Evaluation – Commercial Items (Oct 2014)

The Government intends to award a contract resulting from this solicitation to the responsible offeror (as determined within the meaning of FAR Part 9, paragraph 9.104), whose offer conforms to the solicitation and is determined to be the most advantageous solution to the Government, price and other factors considered. Evaluation will be based on offeror’s submission and the provision at FAR 52.212-2, as provided in this solicitation.

The Government has the right to award without any discussions. The following factors shall be used to evaluate offers:

(a) The following factors shall be used to evaluate offers:

(i) Price The price will be evaluated by the lowest aggregate sum of the items including f.o.b.

delivery charges to destination. VAT exemption applies. If https://www.acquisition.gov/far/ http://farsite.hill.af.mil/ required, VAT exemption documents will be provided.

(ii) Technical Capability/Acceptability

Technical capability is equal to price.

(iii) Past Performance The contractor shall have experience in providing services that are the subject of this procurement in the territory of Ukraine. To confirm this, the contractor shall provide the reference note in a free form confirming an existing experience in providing services that are the subject of procurement with indication of the number of contracts, but not less than two (2) during the last five (5) years. Such experience should also be confirmed by the reference letters from the customers of such services.

(b) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.214-34 Submission of Offers in the English Language (Apr 1991) Offers submitted in response to this solicitation shall be in the English language. Offers received in other than English shall be rejected.

(End of Provision)

52.225-17 Evaluation of Foreign Currency Offers (Feb 2000)

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using http://ice.cgfs.state.sbu/ in effect as follows:

(1) On the date specified for receipt of offers, if award is based on initial offers;

otherwise

(2) On the date specified for receipt of proposal revisions.

(End of provision)

Addendum to FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Deviation 2017-02)

The whistleblower protections of 41 U.S.C. 4712 has been removed from paragraph (r) of FAR Clause 52.212-4. The following revised paragraph (r) applies:

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 http://ice.cgfs.state.sbu/

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C.

2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(End of Clause)

Addendum to FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-commercial Items (Deviation 2017-02)

The following clause applies:

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C.

4704 and 10 u.s.c. 2402).

__(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_(4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (April 2014)( 4 1 U.S.C. 4712)relating to whistleblower protections).

(End of Clause)

Addendum to FAR 52.212-1 Instruction to Offerors – Commercial Items (Oct 2018)

Pursuant to FAR 12.302(d), the provision at FAR 52.212-1, Instruction to Offerors – Commercial Items (Oct 2018) is augmented as follows:

1) The period of acceptance of offers is herewith changed to 60 business days.

2) Preparation of Offers - Offerors shall prepare and submit the following:

(i) VOLUME I - PRICING

The offeror shall complete the table below:

Line Item #

Description Unit of Issue

Quantity Unit Cost

Total Cost

0001.1

Oracle Linux Premier Limited Support (1 Year) – Premier technical support from Oracle for customer’s operating system

Each

0001.2 Oracle Linux Premier Support (1

Year) - Premier technical support from Oracle for customer’s operating system

Each 2

0001.3 Oracle VM Premier Limited

Support (1 Year) - Premier technical support from Oracle for customer’s Virtual Machines

Each 5

0001.4 Oracle Linux Premier Support (1

Year) - Premier technical support from Oracle for customer’s operating system

Each 2

0002.1 Oracle Database Enterprise

Edition, Processor, Perpetual with 1 year support – Oracle Database Enterprise Edition data management system for mission-critical transactional applications, query-intensive big data warehouses and mixed workloads

Each 6

0002.2 Oracle Partitioning, Processor, Perpetual with 1 year support – Partitioning is Oracle Database Enterprise Edition option which enhances the data management environment for OLTP, data marts, and data warehouse applications by adding significant manageability, availability, and performance capabilities to large underlying database tables and indexes

Each 6

0002.3 Oracle GoldenGate Processor, Perpetual with 1 year support – Oracle GoldenGate is software package for real-time data integration and replication in heterogeneous IT environments

Each 2

0002.4 Oracle Spatial and Graph

Processor, Perpetual with 1 year support – Oracle Spatial and Graph provides advanced features for spatial data management and analysis as well as graphs for physical, network, and social and linked data applications. Its

Each 6 geospatial data features are designed to support the most complex requirements found in Geographic Information Systems (GIS), enterprise applications and location services applications

0002.5 Oracle Multitenant Processor, Perpetual with 1 year support – Oracle Multitenant delivers the highest level of database consolidation, without changes to existing applications. It makes easy to create a container database and simply plug-in multiple databases working seamlessly with existing Oracle Database functionality

Each 6

0002.6 Oracle Diagnostics Pack

Processor, Perpetual with 1 year support – The Oracle Diagnostic Pack provides automatic performance diagnostic and advanced system monitoring functionality

Each 6

0002.7 Oracle Tuning Pack, Processor, Perpetual with 1 year support – The Oracle Tuning Pack provides database administrators with expert performance management for the Oracle environment, including SQL tuning and storage optimizations

Each 6

0002.8 Oracle Cloud Management Pack

for Oracle Database with 1 year support – The Oracle Cloud Management Pack for Oracle Database helps to set up a Database Cloud and operate Database as a Service models

Each 2

0002.9 Oracle Business Critical

Assistance for Software 7x24 – Oracle Advanced Customer Support (ACS) Business Critical Assistance Service is an annual service that delivers both accelerated reactive and proactive support, provides mission critical support for the vital parts of Oracle environments 7x24. It is managed and coordinated by Oracle ACS Technical Account Manager (TAM), who will be the single

Each 1 point of contact for all aspects of services provided by Oracle ACS and Oracle Premier Support

0003 Delivery charges f.o.b. destination Lot

GRAND TOTAL – Line Item 0001.1 to 0003: - indicate currency

(ii) VOLUME II – TECHNICAL CAPABILITY

The offeror shall complete the table below:

Technical Compliance Matrix (Brand Name):

CLIN 0001: Oracle VM and Oracle Linux support services

SUB-

CLIN:

PART #: SPECIFICATIONS: OFFERED SPECIFICATIONS

(TO BE COMPLETED BY

OFFEROR)

0001.1

Oracle B41013

Oracle Linux Premier Limited Support (1 Year) – Premier technical support from Oracle for customer’s operating system

0001.2 Oracle

B41014

Oracle Linux Premier Support (1 Year) - Premier technical support from Oracle for customer’s operating system

0001.3 Oracle

B41065

Oracle VM Premier Limited Support (1 Year) - Premier technical support from Oracle for customer’s Virtual Machines

0001.4 Oracle

B41066

Oracle Linux Premier Support (1 Year) - Premier technical support from Oracle for customer’s operating system

CLIN 0002: Oracle Database licenses set for Intel architecture (12 cores)

SUB-

CLIN:

PART #: SPECIFICATIONS: OFFERED SPECIFICATIONS

(TO BE COMPLETED BY

OFFEROR)

0002.1 Oracle

A90611LS

Oracle Database Enterprise Edition, Processor, Perpetual with 1 year support – Oracle Database Enterprise Edition data management system for mission-critical transactional applications, query-intensive big data warehouses and mixed workloads

0002.2 Oracle

A90620LS

Oracle Partitioning, Processor, Perpetual with 1 year support –

Partitioning is Oracle Database Enterprise Edition option which enhances the data management environment for OLTP, data marts, and data warehouse applications by adding significant manageability, availability, and performance capabilities to large underlying database tables and indexes

0002.3 Oracle

L75978LS

Oracle GoldenGate Processor, Perpetual with 1 year support – Oracle GoldenGate is software package for real-time data integration and replication in heterogeneous IT environments

0002.4 Oracle

A90621LS

Oracle Spatial and Graph Processor, Perpetual with 1 year support – Oracle Spatial and Graph provides advanced features for spatial data management and analysis as well as graphs for physical, network, and social and linked data applications. Its geospatial data features are designed to support the most complex requirements found in Geographic Information Systems (GIS), enterprise applications and location services applications

0002.5 Oracle

L97993LS

Oracle Multitenant Processor, Perpetual with 1 year support – Oracle Multitenant delivers the highest level of database consolidation, without changes to existing applications. It makes easy to create a container database and simply plug-in multiple databases working seamlessly with existing Oracle Database functionality

0002.6 Oracle

A90649LS

Oracle Diagnostics Pack Processor, Perpetual with 1 year support – The Oracle Diagnostic Pack provides automatic performance diagnostic and advanced system monitoring functionality

0002.7 Oracle

A90650LS

Oracle Tuning Pack, Processor, Perpetual with 1 year support – The Oracle Tuning Pack provides database administrators with expert performance management for the Oracle environment, including SQL tuning and storage optimizations

0002.8 Oracle

L93012LS

Oracle Cloud Management Pack for Oracle Database with 1 year support – The Oracle Cloud Management Pack for Oracle Database helps to set up a Database Cloud and operate Database as a Service models

0002.9 Oracle

B86701

Oracle Business Critical Assistance for Software 7x24 – Oracle Advanced Customer Support (ACS) Business Critical Assistance Service is an annual service that delivers both accelerated reactive and proactive support, provides mission critical support for the vital parts of Oracle environments 7x24. It is managed and coordinated by Oracle ACS Technical Account Manager (TAM), who will be the single point of contact for all aspects of services provided by Oracle ACS and Oracle Premier Support

ATTACHMENT: Justification for Other than Full and Open Competition (JOFOC).

(iii) 52.212-3 Offeror Representations and Certifications—Commercial Items (Oct 2018)

Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications. A completed copy of these provisions MUST be included on the System for Award Management (SAM) web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

Submission of Offers:

The complete offer submission shall include:

(1) Price Offer and Representations and Certifications

(2) Descriptive product literature

(3) Past Performance Information

(4) Letter of guarantee certifying that the vendor is not subject to sanctions pursuant to the effective laws of Ukraine.

(5) Authorization letter from local Ukrainian Manufacturer’s office

(6) Partnership certificate from Manufacturer

(6) Copy of warranty information

Submission of Questions:

Interested parties may submit any questions concerning the solicitation as soon as possible but not later than 1600 hrs ET on Tuesday, August 13, 2019 to Sarah Pfannkuche, via email to:

PfannkucheS@state.gov and FrankfurtRPSO@state.gov. The email subject line must read “Solicitation 19GE5019Q0024-0001”. Late questions may not be considered.

https://www.sam.gov/portal mailto:FrankfurtRPSO@state.gov

Offer due date:

Offers shall be submitted as soon as possible but not later than 1600 hrs ET on Tuesday, August 20, 2019 to Sarah Pfannkuche, via email to: PfannkucheS@state.gov and FrankfurtRPSO@state.gov. The email subject line must read “Solicitation 19GE5019Q0024-0001”.

The size shall not exceed 20MB. Late submissions may not be considered.

Applicable laws and regulations: Solicitation and award will be subject to laws and regulations of the United States of America.

{END OF SOLICITATION}

mailto:FrankfurtRPSO@state.gov