Q A_2.docx

USDA Enterprise Architecture Version 1.0 Questions and Answers 2

40. QUESTION: Due to the scope and complexity of the requirement we were hoping that you would consider extending the due date of the RFQ?

GOVERNMENT RESPONSE: The due date is extended until Monday September 9, 2013 at 1 PM EST.

41. QUESTION: Considering that current, ongoing contracts best show long-term consistency, customer satisfaction, and lack of risk, is it the Government's intent that offerors may not present long-term, current, ongoing contracts in which the original award date was more than three years ago?

GOVERNMENT RESPONSE: No.

42. QUESTION: Would the Government please answer whether an offeror may provide customer points of contact information for teaming partners, or is this only for prime offerors?

GOVERNMENT RESPONSE: The Prime Offeror.

43. QUESTION: Would the Government please specify a minimum and maximum number of contracts offerors should provide?

GOVERNMENT RESPONSE: No.

44. QUESTION: Do the teaming partners have to have the highest partner level with OEM?

GOVERNMENT RESPONSE: Yes, however if a Teaming Partner is not at highest level, they must qualify in nine months or contract option will not be exercised.

45. QUESTION: The Fortinet Catalog offers 6 categories of products and services (A, B, C, D, E, H), 5 of these have different pricing discounts for the Hardware, Software, Maintenance and Professional Services. Can the pricing file be modified to allow offers to bid the discounts for each of these categories?

GOVERNMENT RESPONSE: No, prices can be discounted per delivery order and the contract can be modified to a lower price. For purposes of price evaluation, the pricing model shall be used and not altered.

46. QUESTION: Cisco offers a family of server products called the Unified Computing System (UCS) platform. These products are sold at a significantly different discount off of retail (list) price than the rest of their hardware/software products. Therefore, would it be ok to manually add a line to the Cisco Pricing Model spreadsheet in order to demonstrate the difference in discount for the UCS servers vs. all other HW/SW?

GOVERNMENT RESPONSE: Please refer to Q&A number 10 published with the RFP and last sentence of paragraph 3.1.1, “The EI begins with the backend of the servers and includes all equipment up to the front of the storage area network (SAN switches)”.

47. QUESTION: Do the teaming partners have to have the highest partner level with OEM?

GOVERNMENT RESPONSE: Yes, however if a Teaming Partner is not at highest level, they must qualify in nine months or contract option will not be exercised.

3.3.13 Manufacturer Certification Compliance – Delayed Deliverable to Achieve Highest Level Supported by OEM.

Within nine months of award, the Contractor shall be, or shall otherwise provide under this contract, a certified Manufacturer Authorized Channel Partner, at the OEM’s highest level (e.g., CISCO’s Gold Level Partners). The Contractor shall ensure that all work/deliverables under this contract is provided by the required highest certification/specialization level, within nine months of award. Within nine months of award, the Contractor shall be, or shall otherwise provide under this contract, a certified Manufacturer Authorized Channel Partner, at the OEM’s highest level available via the OEM, to support both the product sales and pricing. The contractor shall source all products submitted under this contract from the OEM or through the OEM’s Manufacturer Authorized Channels, Value Added Resellers, certified at the highest level available via each OEM only, in accordance with applicable laws and policies at the time of purchase. All equipment shall be manufactured by the OEMs. The Contractor shall have a viable plan with which the OEM concurs, to provide the highest level within nine months of award. This plan shall be provided with the proposal and an Officer of the OEM’s company, who has the authority to commit the OEM, shall provide their concurrence in writing, on OEM letterhead. If the Contractor cannot meet the nine month timeframe, the Government will consider the Contractor’s inability when it is time to exercise the first option year.

48. QUESTION: We noticed that FAR Clauses 52.219-8 and 52.219-9 (Utilization of Small Business Concerns and Small Business Subcontracting Plan) were checked in the final RFP Solicitation. Since this is a 100% Total Small Business Set Aside utilizing NAICS 541519 (sub 150 employees) will a Prime contractor who is a Small Business meeting the NAICS requirement also receive any additional preference if they were to have additional Small Businesses (i.e. HUBZone, SDVOSB, etc) as part of their subcontracting plan?

GOVERNEMENT RESPONSE: FAR Clauses 52.219-9 Small Business Subcontracting Plan (Jul 2013) is deleted and FAR Clauses 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) is added. No additional preference for having additional Small Businesses (i.e. HUBZone, SDVOSB, etc) as part of their subcontracting plan.

49. QUESTION: Will FAR Clauses 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) be added to the RFQ?

GOVERNMENT RESPONSE: Yes 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (End of clause)

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