70RTAC23R00000028 - Combined Synopsis Solicitation - Final for Posting.pdf

U.S. Department of Homeland Security

Office of Procurement Operations

Palo Alto Networks Software License and Maintenance Support

Request for Proposal: 70RTAC23R00000028

Combined Synopsis/Solicitation

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

proposals are being requested and a written solicitation will not be issued.

This acquisition is for commercial items and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 15.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04, with an effective date of 6/2/2023

This project is a Palo Alto Networks Brand Name and 100% Small Business Set-Aside

The associated NAICS code and small business size standard is 541519 and small business size standard of 150 employees. (PSC 7G21)

This is not a DPAS Rated project

See Section 1 and Attachments 1 and 2 for a list of items and description required.

Table of Contents

Section 1 - General Information

Section 2 - Instructions to Offerors (52.212-1)

DHS Instructions to Offerors

Section 3 – Evaluation (52.212-2)

Section 4 - Offeror Representations and Certifications (52.212-3)

Section 5 - Contract Terms and Conditions (52.212-4)

Section 6 - Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services

Section 7 - Additional Terms and Conditions

HSAR Clauses

Solicitation Provisions

Section 8 – Statement of Requirements

Section 9 – Schedule of Prices

Section 1 General Information

1. OBJECTIVE AND REQUIREMENT

The purpose of this procurement is to procure Palo Alto Networks Software Maintenance and Support Licenses for the DHS Office of the Chief Information Officer (OCIO).

Item Description Base Year CLINs &

QTY

Option Year 1 CLINs &

QTY

Option Year 2 CLINs &

QTY

Option Year 3 CLINs &

QTY

Option Year 4 CLINs &

QTY

PAN-ENT-ELSA-HQ

Palo Alto Networks Enterprise License and Support Agreement DHS HQ Renewal Included Licensing (ELA):

Threat Prevention, DNS Security, Advanced URL Filtering, Wildfire, Global Protect Gateway, Enterprise Data Loss Prevention, 6000 Software NGFW Credits to deploy VMSeries, CN-Series, Subscription Services, and Virtual Panorama to manage Software Firewalls, SaaS Security Included Services and Support (ESA): Extended Expertise (Full-Time Resident Engineer), Extended Expertise (Part- Time Resident Engineer), Palo Alto Networks Focused Services Plus, United States Government Premium Support

CLIN 0001

QTY 1

Each

CLIN 1001

QTY 1

Each

CLIN 2001

QTY 1

Each

CLIN 3001

QTY 1

Each

CLIN

4001 QTY

1 Each

PAN-ENT-ELSA-CISA

Palo Alto Networks Enterprise License and Support Agreement CISA/HIRT Included Licensing (ELA): Threat Prevention, DNS Security, Advanced URL Filtering, Wildfire, Global Protect Gateway, Enterprise Data Loss Prevention, SaaS Security Included Services and Support (ESA): Palo Alto Networks Focused Services Plus, United States Government Premium Support.

CLIN 0002

QTY 1

Each

CLIN 1002

QTY 1

Each

CLIN 2002

QTY 1

Each

CLIN 3002

QTY 1

Each

CLIN

4002 QTY

1 Each

PAN-FLEX-CR-PR-BND

20,000 Software NGFW Credits to deploy VM Series, CN Series, Subscription Services, and Virtual Panorama to manage Software Firewalls

Not Applicable

Not Applicable

Not Applicable

CLIN 3003

QTY 1

Each

CLIN

4003 QTY

1 Each

See Attachment 1 and Attachment 2 for the specific details and items and quantities required.

The software must be delivered within 7 business days after receipt of the contract.

2. DELIVERY INSTRUCTIONS

Delivery of the license information, software keys, serial numbers, authorization codes, activation codes, and other pertinent license information must be delivered to the COR as follows:

Name: Shawn Fitch Mail Address: Department of Homeland Security 6674 Fleet Drive Springfield VA, 22310-5548.

Telephone: (202) 763-9288 Email: shawn.fitch@CISA.dhs.gov

3. INVOICING INSTRUCTIONS

Contractor should send electronic invoices to: MGTInvoice.Consolidation@ice.dhs.gov with a courtesy copy to the designated COR and CO. Payment will be based on receipt of a proper invoice. The invoice is a “proper invoice” as defined under FAR Clause 52.232-25.

A proper invoice must include the following items:

• Name and address of the contractor

• Invoice date and invoice number.

• Contract number or other authorization for supplies delivered or services performed

(including order number and contract item number).

• Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

• Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms).

• Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

• Name (where practicable), title, phone number and mailing address of person to notify in the event of a defective invoice.

• Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures.

• Electronic funds transfer (EFT) banking information.

• Evidence of shipment – DD Form 250 Requisition and Invoice Shipping (signed).

mailto:Shawn.fitch@CISA.dhs.gov mailto:MGTInvoice.Consolidation@ice.dhs.gov

4. PERIOD OF PERFORMANCE

The overall period of performance for Software License and Maintenance Support is the date of award (which will bring licenses to current) through – June 26th, 2028.

Period of Performance Base Year Date of Award - 6/26/2024 Option Year 1 6/27/2024 - 6/26/2025 Option Year 2 6/27/2025 - 6/26/2026 Option Year 3 6/27/2026 - 6/26/2027 Option year 4 6/27/2027 - 6/26/2028

5. SECTION 508 COMPLIANCE

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) (codified at 29 U.S.C. § 794d) requires that when Federal agencies develop, procure, maintain, or use information and communications technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public with disabilities must be afforded access to and use of information and data comparable to that of Federal employees and members of the public without disabilities.

All products, platforms and services delivered as part of this work statement that, by definition, are deemed ICT shall conform to the revised regulatory implementation of Section 508 Standards, which are located at 36 C.F.R. § 1194.1 & Appendix A, C & D, and available at https://www.gpo.gov/fdsys/pkg/CFR-2017-title36-vol3/pdf/CFR-2017-title36-vol3-part1194.pdf.

In the revised regulation, ICT replaced the term electronic and information technology (EIT) used in the original 508 standards. ICT includes IT and other equipment.

Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the Contracting Officer and a determination will be made according to DHS Directive 139-05, Office of Accessible Systems and Technology, dated November 12, 2018 and DHS Instruction 139-05-001, Managing the Accessible Systems and Technology Program, dated November 20, 2018, or any successor publication.

5.1 Section 508 Requirements

1. Section 508 Requirements Section 508 of the Rehabilitation Act (classified to 29 U.S.C. § 794d) requires that when Federal agencies develop, procure, maintain, or use information and communications technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public with disabilities must be afforded access to and use of information and data comparable to that of Federal employees and members of the public without disabilities.

All products, platforms and services delivered as part of this work statement that, by definition, are deemed ICT shall conform to the revised regulatory implementation of Section 508

Standards, which are located at 36 C.F.R. § 1194.1 & Appendixes A, C & D, and available at https://www.ecfr.gov/cgi-bin/text-idx?SID=e1c6735e25593339a9db63534259d8ec&mc=true&node=pt36.3.1194&rgn=div5. In the revised regulation, ICT replaced the term electronic and information technology (EIT) used in the original 508 standards. ICT includes IT and other equipment.

Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the Contracting Officer and a determination will be made according to DHS Directive 139-05, Office of Accessible Systems and Technology, dated November 12, 2018 and DHS Instruction 139-05-001, Managing the Accessible Systems and Technology Program, dated November 20, 2018, or any successor publication.

1.1 Section 508 Requirements for Technology Products

Section 508 applicability to Information and Communications Technology (ICT): Palo Alto Licenses Applicable Exception: N/A Authorization #: N/A Applicable Functional Performance Criteria: All functional performance criteria in Chapter 3 apply to when using an alternative design or technology that results substantially equivalent or greater accessibility and usability by individuals with disabilities than would be provided by conformance to one or more of the requirements in Chapters 4 and 5 of the Revised 508 Standards, or when Chapters 4 or 5 do not address one or more functions of ICT.

Applicable 508 requirements for electronic content features and components: Does not apply Applicable 508 requirements for software features and components (including but not limited to Software infrastructure) Applicable 508 requirements for hardware features and components: Does not apply Applicable 508 requirements for support services and documentation: All requirements in Chapter 6 apply.

1.2 Section 508 Requirements for Technology Services

1. When providing Platform as a Service (PaaS) or Software as a Service (SaaS), the contractor shall ensure services conform to the applicable Section 508 standards (including the requirements in Chapter 5 for software and WCAG Level A and AA Level

2.0 success criteria for web and software. When the requirements in Chapter 5 do not address one or more software functions, the Contractor shall ensure conformance to the Functional Performance Criteria specified in Chapter 3.) The agency reserves the right to request an Accessibility Conformance Report (ACR) for PaaS and SaaS offerings. The ACR should be created using the Voluntary Product Accessibility Template Version 2.2 508 (or later). The template can be located at https://www.itic.org/policy/accessibility/vpat

2. When providing cloud hosting services (Infrastructure as a Service, Platform as a Service, Software as a Service, etc.) the Contractor shall ensure user administrative screens, dashboards and portals used to configure, and monitor cloud services conform to the Section 508 standards.

https://www.ecfr.gov/cgi-bin/text-idx?SID=e1c6735e25593339a9db63534259d8ec&mc=true&node=pt36.3.1194&rgn=div5 https://www.ecfr.gov/cgi-bin/text-idx?SID=e1c6735e25593339a9db63534259d8ec&mc=true&node=pt36.3.1194&rgn=div5 https://www.itic.org/policy/accessibility/vpat

3. The Contractor shall ensure cloud hosting services shall not reduce the level of Section 508 conformance for ICT migrated by DHS to the cloud hosting environment.

4. Contractor personnel shall possess the knowledge, skills and abilities necessary to address the accessibility requirements in this work statement.

1.3 Section 508 Deliverables (include in the SOW, PWS, or SOO)

1. Section 508 Accessibility Conformance Reports: For each ICT item offered through this contract (including commercially available products, and solutions consisting of ICT that are developed or modified pursuant to this contract), the Offeror shall provide an Accessibility Conformance Report (ACR) to document conformance claims against the applicable Section 508 standards. The ACR shall be based on the Voluntary Product Accessibility Template Version 2.0 508 (or successor versions). The template can be found at https://www.itic.org/policy/accessibility/vpat. Each ACR shall be completed by following all of the instructions provided in the template, including an explanation of the validation method used as a basis for the conformance claims in the report.

6. ENTERPRISE ARCHITECTURE (EA) COMPLIANCE

DHS Enterprise Architecture Compliance

All solutions and services shall meet DHS Enterprise Architecture policies, standards, and procedures. Specifically, the contractor shall comply with the following Homeland Security (HLS) EA requirements:

• All developed solutions and requirements shall be compliant with the HLS EA principles

• All IT hardware and software shall be compliant with the HLS EA Technical Reference

Model (TRM) Standards and Products Profile; all products are subject to DHS Enterprise Architectural approval. No products may be utilized in any production environment that is not included in the HLS EA TRM Standards and Products Profile.

• Description information for all data assets, information exchanges and data standards, whether adopted or developed, shall be submitted to the Enterprise Data Management Office (EDMO) for review, approval and insertion into the DHS Data Reference Model and Enterprise Architecture Information Repository.

• Development of data assets, information exchanges and data standards will comply with the DHS Data Management Policy MD 103-01 and all data-related artifacts will be developed and validated according to DHS data management architectural guidelines.

• Applicability of Internet Protocol Version 6 (IPv6) to DHS-related components (networks, infrastructure, and applications) specific to individual acquisitions shall be in accordance with the DHS Enterprise Architecture (per OMB Memorandum M-05-22, August 2, 2005) regardless of whether the acquisition is for modification, upgrade, or replacement. All EA-related component acquisitions shall be IPv6 compliant as defined in the U.S. Government Version 6 (USGv6) Profile (National Institute of Standards and Technology (NIST) Special Publication 500-267) and the corresponding declarations of conformance defined in the USGv6 Test Program.

https://www.itic.org/policy/accessibility/vpat

7. CONTRACT TYPE

The resulting award under this RFP will be firm-fixed price (FFP).

8. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR for this contract is:

Name: Shawn Fitch Mail Address: Department of Homeland Security 6674 Fleet Drive Springfield VA, 22310-5548.

Telephone: (202) 763-9288 Email: shawn.fitch@CISA.dhs.gov

The COR will represent the Contracting Officer in the administration of technical details within the scope of this contract. The COR is also responsible for the final inspection and acceptance of all equipment and materials purchased (See Paragraph 3 – Invoicing Instructions). The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government. The COR does not have authority to alter the Contractor’s obligations or to change the contract specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify the contract, the changes will be issued in writing and signed by the Contracting Officer.

9. CONTRACTING OFFICER’S (CO) AUTHORITY

A warranted Contracting Officer is the only person authorized to issue modifications to the contract, approve changes in any of the requirements, or obligate funds. Notwithstanding any clause/provision contained elsewhere in this contract, the authority to modify the contract remains solely with the Contracting Officer. If the Contractor makes any contract changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract to cover any increases in charges that may result. The Contracting Officer has the authority to perform any and all post-award functions in administering and enforcing the proposed contract in accordance with its terms and conditions.

Name: Greg Ruderman Address: Department of Homeland Security 6674 Fleet Drive Springfield VA, 22310 Telephone: 202-991-6412 Email: Gregory.Ruderman@hq.dhs.gov

10. POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE AND

ELECTRONIC ACCESS TO CONTRACTOR PERFORMANCE EVALUATIONS

mailto:Shawn.fitch@CISA.dhs.gov mailto:Gregory.Ruderman@hq.dhs.gov

FAR 42.15 requires agencies to prepare annual and final evaluations of contractor performance.

The U.S. Department of Homeland Security utilizes the National Institutes of the Contractor Performance Assessment Reporting System (CPARS) to record and maintain past performance information. CPARS is a web-enabled application that collects and manages the library of automated contractor performance assessments. CPARS is for UNCLASSIFIED use only.

Classified information is not to be entered into this system. An assessment evaluates a contractor’s performance, both positive and negative, and provides a record on a given contractor during a specific period of time, under a specific contract or task order. Each assessment is based on objective facts and supported by program and contract management data, such as cost performance reports, customer comments, quality reviews, technical interchange meetings, financial solvency assessments, metrics, milestones, measurable parameters, construction/production management reviews, contractor operations reviews, functional performance evaluations, and earned contract incentives. The CPARS automated information system contains management and technical controls to ensure that only authorized personnel have access to the data.

End of Section

Section 2

The provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition and any addenda to the provision listed below.

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.

INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1)Is set aside for small business and has a value above the simplified acquisition threshold;

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at

Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the

Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

https://www.acquisition.gov/far/part-4#FAR_Subpart_4_10

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint.

However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to

1600 EST; or http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://assist.dla.mil/wizard/index.cfm

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address.

The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the

Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

DHS Instructions to Offerors

The Department of Homeland Security, Information Technology Acquisition Center, invites your company to submit a proposal for Palo Alto Networks Software Maintenance and Support Licenses in accordance with the Statement of Requirements and terms and conditions listed within this RFP.

When proposing prices, vendors are requested to offer volume discounts equal to or less than pricing on comparable vehicles. In responding to this RFP, it is the Contractor’s responsibility to provide current, relevant, complete and accurate information in its proposal. All offerors shall use the pricing template – Attachment 2 of this RFP.

https://www.acquisition.gov/far/part-32#FAR_Subpart_32_11 http://www.sam.gov/ http://www.sam.gov/

I. GENERAL INSTRUCTIONS:

It is the intent of the Government to award a Firm Fixed Price Contract as a result of this solicitation.

The vendor shall make a clear statement that the proposal is valid for no less than 30-calendar days from the closing date of the RFP. The RFP shall not be considered direction to proceed with the subject requirement and is not a promise of future direction to proceed. Contractors are solely responsible for this RFP’s submission costs.

In responding to this RFP, it is the Contractor’s responsibility to provide current, relevant, complete and accurate information in their proposal.

II. QUESTION SUBMISSION DEADLINE

(a) All questions concerning this solicitation must be submitted in writing to the Contract Specialist, Daniel Rosenstengel., at daniel.rosenstengel@hq.dhs.gov and the Contracting Officer, Gregory Ruderman, at gregory.ruderman@hq.dhs.gov no later than June 27, 2023 12:00 PM ET.

(b) No information concerning this solicitation will be provided in response to telephone calls. All such requests must be submitted by email. Answers to inquiries/questions will be provided to vendors being solicited, giving due regard to the proper protection of proprietary information.

III. PROPOSAL SUBMISSION DEADLINE

Please submit your response via email to the attention of the Contracting Officer, Gregory Ruderman (Gregory.Ruderman@hq.dhs.gov), and the Contract Specialist, Daniel Rosenstengel (Daniel.Rosenstengel@hq.dhs.gov), on or before 12:00 PM ET, on June 29, 2023.

IV BASIS FOR AWARD

The Government will evaluate and make an award to the vendor whose offer conforms to the requirements outlined in this solicitation and is determined to be the lowest price technically acceptable solution based on the Statement of Requirements and price schedule.

Technical Capability:

a) Offeror must be an authorized reseller able to provide certified Palo Alto Networks Software Maintenance and Support Licenses in accordance with the Statement of Requirements.

b) Offeror must provide all licenses to DHS electronically to the COR within 7 days from receipt of award.

Price:

The vendor must provide a total firm fixed price for the required items described herein. All interested parties must propose on all items. When evaluating price, a determination will be made as to the reasonableness and the completeness of the price proposal.

The vendor is urged to examine this solicitation in its entirety and to ensure that its offer contains all necessary information. Describe any assumptions used to develop the proposed prices.

mailto:michael.williams@hq.dhs.gov mailto:%20gregory.ruderman@hq.dhs.gov

Section 3

52.212-2 Evaluation—Commercial Products and Commercial Services.

EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will evaluate and make an award to the responsible vendor whose offer conforms to the requirements outlined in this solicitation and is determined to be the lowest price technically acceptable solution based on the Statement of Requirements.

The following factors shall be used to evaluate offers:

1. Technical acceptability

2. Price - Proposed price will be evaluated to determine if it is fair and reasonable.

Award will be made to the lowest price technical acceptable (LPTA) offeror. The Government intends to make award without discussions with offerors but reserves the right to use discussions as necessary.

It is the Government’s intent to award all items to a single vendor whose proposal is, considering technical acceptability and price, determined to be the best value as a result of the LPTA vendor selection.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.

Section 4 52.212-3 Offeror Representations and Certifications - Commercial Products and Commercial Services.

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

Full Text of provision is available at https://www.acquisition.gov/far/part-52 https://www.sam.gov/ https://www.acquisition.gov/far/part-52

Section 5

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.

CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-33#FAR_33_211 https://www.acquisition.gov/far/part-32#FAR_32_607_2 https://www.acquisition.gov/far/part-32#FAR_32_608_2

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 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; 41 U.S.C. 4712 and 10 U.S.C.

4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The…