Combined Synopsis - Final.pdf

Indian Health Service (IHS) IT System Backup Solution – RFQ-23-PHX-065 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Submit written quotes only; oral offers will not be accepted.

d This requirement is under North American Industrial Classification Standard (NAICS) codes: 518210 Computing Infrastructure Providers, Data Processing, Web Hosting, and Related Services; Small Business Size Standard: $40.0M. This requirement is set-aside 100% Buy Indian (specific to Department of Health and Human Services, Indian Health Services); wherein, Buy Indian means American Indian and Alaska Native Small businesses, in accordance with the criteria and size standards of 13 CFR Part 121.

Definitions. Indian Economic Enterprise (IEE). Any business activity owned by one or more Indians or Indian Tribes that is established for the purpose of profit provided that: the combined Indian or Indian Tribe ownership must constitute not less than 51 percent of the enterprise; the Indians or Indian Tribes must, together, receive at least a majority of the earnings from the contract; and the management and daily business operations of an enterprise must be controlled by one or more individuals who are Indians. To ensure actual control over the enterprise, the individuals must possess requisite management or technical capabilities directly related to the primary industry in which the enterprise conducts business. The enterprise must meet these requirements throughout the following time periods:

a. At the time an offer is made in response to a written solicitation;

b. At the time of the contract award; and

c. During the full term of the contract.

Indian Small Business Economic Enterprise (ISBEE). An IEE that is also a small business concern established in accordance with the criteria and size standards of 13 CFR part 121. Offerors that do not fall into this category will not be considered for award.

REQUIREMENTS: Indian Health Service (IHS) – Phoenix Area Office (PAO), 40 North Central Ave., Phoenix, Arizona 85004-4424 has a requirement for a centralized and standardized backup solution for the Phoenix Area Indian Health Service. Local backups are to be performed onsite to the new local appliances, then replicated out to a central Repository hosted by IHS in Albuquerque, NM or FedRamp approved cloud storage service. Locations of the sites span Arizona, Nevada, Utah, and New Mexico.

The Government intends to enter into one (1) Blanket Purchase Agreement (BPA), in accordance with FAR 13.303. A blanket purchase agreement (BPA) is a simplified method of filling anticipated repetitive needs for supplies or services by establishing "charge accounts" with qualified sources of supply. In this case, we aim to establish a pricing schedule for TBs of Usable storage for backups (SOW, II. A. Hardware/Software/licensing).

A Blanket Purchase Agreement (BPA) does not have any funds committed; it provides a framework for quick Calls to meet the TBs of usable storage for data back-ups. The facility will submit funding, and it will be issued through a BPA Call, obligating money on the Call for the applicable service unit. BPA Calls are valid for no more than one year; therefore, whichever comes first, the end of the one-year period or expending the totality of funds obligated indicate the need for a new call.

The term for a BPA is five years. During that five years, you can issue Calls against the contract to fund any number of TBs, consistent with the SOW. Calls are a lump-sums of money used in a declining balance fashion, to fund task completion as provided under the BPA framework (e.g.

pricing schedules and terms and conditions). Each Call is issued directly to the BPA holder.

This procurement is for NEW Equipment ONLY; no remanufactured or "gray market" items. Vendor shall be an Original Equipment Manufacturer (OEM authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, such that OEM warranty and service are provided and maintained by the OEM). All, warranty and service associated with the equipment shall be in accordance with the OEM terms and conditions. All Equipment must be covered by the manufacturer's warranty. The quote MUST include a copy of the authorized distributor letter from the manufacturer to verify that the vendor is an authorized distributor of the products being quoted; failure to provide evidence of this may result in your proposal not being further considered.

The following section outlines the requirements of the Statement of Work (SOW), as provided by the Contracting Officer’s Representative (COR).

All offers shall be Brand Name or Equal to Rubrik Cloud Data Management software tool. This SOW speaks to the minimum salient characteristics/functions for which equal item offerings must explicitly possess to meet the technical requirements of this acquisition. Equal offerings should address how items are different, but equal in addressing the needs of this requirement. Providing literature or product guides will not suffice; narrative responses shall be provided or quotes may not be found technically acceptable.

***QUESTIONS DUE DATE: 09/08/2023 1:00 PM PST – all questions must be received via email by this date/time. ***

***QUOTE DUE DATE: 09/15/2023 9:00 AM PST – all quotes must be received via email by this date/time. ***

This is an open-market combined synopsis/solicitation for products as defined herein. The government intends to award one Blanket Purchase Agreement (BPA) as a result of this combined synopsis/solicitation to the responsive and responsible vendor whose conforming response is determined to provide the best value to the Government, price and other factors considered.

This combined synopsis/solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2023-04 dated 06-02-2023. It is the contractor's responsibility to be familiar with the applicable clauses and provisions.

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/far/part-52.

The following solicitation provisions apply to this acquisition:

FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023)

FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Dec 2022)

Offerors to be considered responsible, shall have an active registration status, prior to award, in the System for Award Management (SAM), FAR provision 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Dec 2022). The provision can be submitted at www.sam.gov.

CLAUSES INCORPORATED BY REFERENCE:

The following provisions and clauses shall apply to this solicitation: 52.252-2 Clauses Incorporated by Reference. This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far/ (FAR) and www.acquisition.gov/hhsar (HHSAR);

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023);

52.212-3 Offeror Representations and Certification - Commercial Products and Commercial Services (Dec 2022);

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Dec 2022);

52.217-5 Evaluation of Options (JULY 1990);

52.217-8 Option to Extend Services (NOV 1999);

52.217-9 Option to Extend the Term of the Contract (MAR 2000);

52.222-3 Convict Labor (JUN 2003);

52.222-21 Prohibition of Segregated Facilities (APR 2015);

52.222-26 Equal Opportunity (Sept 2016);

52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020);

52.222-41 Service Contract Labor Standards (Aug 2018);

52.225-1 Buy American-Supplies (Oct 2022);

52.225-13 Restrictions on certain foreign purchases (Feb 2021);

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018);

52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013);

52.233-2 Service of Protest (SEP 2006);

52.252-1 Solicitation Provisions Incorporated by Reference;

52.204-7 System for Award Management (Oct 2018).

CLAUSES INCORPORATED BY FULL TEXT:

52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021) https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/far/52.212-1 https://www.acquisition.gov/far/52.212-3 http://www.acquisition.gov/far/

The provision at FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023), applies to this solicitation.

TECHNICAL PROPOSAL: Offerors shall provide a technical quote that includes past performance. Quotes must submit a technical narrative outlining their capabilities for this project; specifically, discuss Brand Name or Equal capability in narrative form without solely providing regulatory or promotional materials. A project management approach should be included to discuss an area-wide deployment, receiving at multiple stations and overall rollout timeline.

Proposed Equipment/Software: The technical quote shall identify the Brand Name items requested or their equal items. Equal items shall be accompanied by technical literature that clearly communicates how it meets each technical specification for each item sought under this solicitation. Quotes may be evaluated for technical acceptance on a pass/fail basis; items not meeting the technical minimums specified, may be deemed unresponsive and not further evaluated. Proof of FDA device approval must be submitted, if applicable. Technical acceptance will be evaluated against the salient characteristics/functions outlined in the document entitled: Statement of Work.

Project management plan: Vendor must communicate level of involvement in the execution of this project; including, planned co-operation between the facility and manufacturer.

Phased delivery schedule: Vendor shall submit a proposed schedule for accomplishing the tasks required within this requirement.

RECENT & RELEVANT PAST PERFORMANCE: Offerors shall submit past performance that is current and relevant as defined herein. Offerors may submit a maximum of 5 (minimum of 3) examples of their past performance with their offer to include prime contract and subcontracts. Past performance information should contain the following:

Project title;

Description of the project;

Contract number;

Contract amount;

Government Agency/Organization;

COR’s & CO’s name, address, and phone number;

Current status, e.g., completed and/or if in progress, start and estimated completion dates; and A brief narrative of why you deem the reference to be relevant to this effort.

The Government may also consider information obtained through other sources. Past performance information will be utilized to determine the probability of success relative to the required effort.

Recent is defined as having been completed within the last 24 months from close date of this solicitation. Relevant is defined as any contract or subcontract valued at $500,000 or greater with a similar type requirement.

Relevant Past Performance evaluation via Past Performance Information Retrieval System (PPIRS). PPIRS records for the identified contract will be assessed and other records within PPIRS may be considered. No submission is required for this section.

PRICING: Price will be evaluated in whole, including all service option years and optional accessories requested. Failure to provide quotes for service maintenance options may be deemed unresponsive and may not be further evaluated.

FAR 52.212-2, Evaluation – Commercial Items.

(a) Evaluation procedures will be IAW FAR 13.106. The Government will select the quote that represents the best benefit to the Government at a price that can be determined reasonable. The Government will perform a comparative evaluation of technical solution, past performance, and price. Technical solution will consist of the following:

Proposed technical solution Project management plan Phased delivery schedule Past Performance

Past performance consists of PPIRS and FAPIIS data and relevant past performance. For price, all line items will be evaluated together as a total contract value.

(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.

(End of Provision)

52.212-4 -- Contract Terms and Conditions -- Commercial Items. (Oct 2018).

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(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.] X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

X (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

X (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

X (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

X (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

X (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

X (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

(d) Comptroller General Examination of Record the Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Non- displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause) 52.252-1 – Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far

52.252-2 – Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

DEPT. OF HEALTH & HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES (INCORPORATED

BY REFERENCE):

No. HHSAR Clause No. Title Date 352.203-70 Anti-Lobbying DEC 2015 352.208-70 Printing and Duplication DEC 2015 352.223-70 Safety and Health DEC 2015 352.227-70 Publications and Publicity DEC 2015 352.239-74 Electronic and Information Technology Accessibility DEC 2015

Arizona State Taxes. The Department of Health and Human Services, Phoenix Indian Medical Center, is Tax Exempt under A.R.S.42- 5063(C)(3)(a), A.R.S.42-5067(B)(1), A.R.S.42-5065(B)(2)(a), A.R.S.42-5066(B)(3) (a), A.R.S.42-5074(B)(8), A.R.S.42-5071(B)(2)(a), A.R.S.42- 5061(A)(25)(a), and A.R.S.42-5159(A)(13)(a),(b),(c), State of Arizona Department of Revenue. (Copy of Certificate available upon request).

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