Combined Synopsis Solicitation_ProfiShark Troubleshooter_W56JSR-20-R-0029.docx.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CONTRACTING COMMAND - ABERDEEN PROVING GROUND

6565 SURVEILLANCE LOOP BLDG 6001

ABERDEEN PROVING GROUND, MD 21005-3013

REPLY TO

ATTENTION OF

CCAP-CCE 18 September 2020

This is a COMBINED SYNOPSIS/SOLICITATION (W56JSR-20-R-0029) for COMMERCIAL

ITEMS prepared under the authority of FAR 13.5, Simplified Procedures for Certain

Commercial Items. Additionally, this is a combined synopsis/solicitation for commercial items 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.

Solicitation Number: W56JSR-20-R-0029, this a Request for Quote (RFQ)

The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular (FAC) 2020-08.

The North American Industrial Classification Standard (NAICS) code for this acquisition is

334111, and the Product Supply Code (PSC) code is 7050 – Information Technology

Components. This action is being solicited as full and open competition with no restrictions. The resultant contract type shall be Firm Fixed Price (FFP).

The U.S. Army, Army Contracting Command (ACC) – Aberdeen Proving Ground (APG) has a requirement to obtain the following brand name commercial items:

Contract Line Item Number (CLIN) 0001 – ProfiShark, All-In-One Gigabit Ethernet

Troubleshooters, Part Number: C1AP-1G2, Quantity: 35.

Delivery shall be within 60 days after award to Fort Hood, TX. The full address and points of contact will be provided in the award.

The provision at 52.212-1, Instructions to Offerors - Commercial Items (June 2020) applies to this acquisition. Offerors shall provide a proposal which address ALL requirements included in this solicitation and the Requirements. This is an “all or none” action, offerors shall propose for

ALL line items of this solicitation. We will not divide up different line items for this requirement. Multiple proposals from each offeror are not permitted.

PROPOSAL SHALL INCLUDE:

Solicitation Number and date on cover page with numbered pages;

Cover letter signed by an individual authorized to bind the organization (include Federal

Tax Identification Number, Cage Code and DUNS), and include offeror POC phone and email information;

Business Size, if Small Business list subcategory, if applicable;

Proposed items to include quantity, unit price, and total price of all items;

Proposed delivery schedule;

Terms of standard commercial warranty;

Completed copy of Representation and Certifications compliant with FAR provision at

52.212-3;

Acknowledgement and agreement with amendments, if applicable.

Offerors shall have a current registration in the System for Award Management (SAM) prior to award. The Offeror may register in (SAM) at http://www.sam.gov. Offeror shall have a current registration in the Wide Area Workflow (WAWF) prior to award. The Offeror may register in

WAWF at https://wawf.eb.mil.

The Government intends to make an award to the offeror that submits the Lowest Priced

Technically Acceptable (LPTA) proposal, and is determined responsible by the Contracting

Officer. The provision at 52.212-2, Evaluation - Commercial Items, applies to this acquisition.

The ProfiShark Brand name items are required; any items not on the list provided in this solicitation will be considered technically unacceptable. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate offers:

Technical capability to meet the Government’s requirement

Price

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.

The Contracting Officer reserves the unilateral right to make no award under this solicitation.

Check these clauses, we are doing commercial, 52.212.-5

FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or

Executive Orders -- Commercial Items, applies to this acquisition. Additional provisions and clauses, applicable to this acquisition are as follows:

FAR 52.203-6 Restrictions on Subcontractor sales to the Government Alternate I (Oct. 1995)

FAR 52.204-7 System for Award Management

FAR 52.204-10 Reporting Executive Compensation and First Tier

FAR 52.204-13 System for Award Management Maintenance

FAR 52.204-16 Commercial and Government Entity Code Reporting

FAR 52.204-18 Commercial and Government Entity Code Maintenance http://www.sam.gov/ https://wawf.eb.mil/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P2017_291713

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment.

FAR 52.209-6 Protecting the Governments interest when subcontracting with contractors debarred, suspended, or proposed for Debarment, FAR 52.212-4 Contract Terms and Conditions

– Commercial Items

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes and Executive

Orders

FAR 52.215-6 Place of PerformanceFAR 52.219-4 Notice of Price Evaluation Preference for

HUBZone Small Business Concerns

FAR 52.219-8 Utilization of Small Business Concerns

FAR 52.219-28 Post Award Small Business Program Representation

FAR 52.222-3 Convict Labor

FAR 52.222-19 Child Labor – Cooperation with Authorities and Remedies

FAR 52.222-21 Prohibition of segregated facilities

FAR 52.222-26 Equal Opportunity

FAR 52.222-35 Equal Opportunity for Veterans

FAR 52.222-36 Equal opportunity for workers with disabilities

FAR 52.222-37 Employment Reports on Veterans

FAR 52.222-40 Notification of Employee Rights under the National Labor Relations Act

FAR 52.222-54 Employment Eligibility Verification

FAR 52.223-18 Encouraging contractor Policies to Ban Text Messaging While Driving

FAR 52.225.13 Restrictions on Certain Foreign Purchases

FAR 52.225-25 Prohibition on contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran – Representation and Certifications

FAR 52.233-4 Applicable Law for Breach of Contract Claim

FAR 52.232-33 Payment by Electronic Funds Transfer—System for Award Management

FAR 52.203-3 Gratuities

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD officials

DFARS 252.203-7005 Representation Relating to Compensation of Former DOD Officials

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors

DFARS 252.211-7003 Item Unique Identification and Valuation

DFARS 252.211-7008 Use of Government-Assigned Serial Numbers

DFARS 252.215-7007 Notice of Intent to Resolicit

DFARS 252.215-7008 Only One Offer

DFARS 252.223-7008 Prohibition of Hexavalent Chromium

DFARS 252.225-7000 Buy American—Balance of Payments Program Certificate

DFARS 252.225-7001 Buy American and Balance of Payments Program

DFARS 252.225-7012, Preference for Certain Domestic Commodities

DFARS 252.225-7028 Exclusionary Policies and Practices of Foreign Governments

DFARS 252.225-7031 Secondary Arab Boycott of Israel

DFARS 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

DFARS 252.227-7015 Technical Data- Commercial Items

DFARS 252.227-7037 Validation of Restrictive Markings on Technical Data

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DFARS 252.232-7006 Wide Area Workflow Payment Instructions

DFARS 252.232.7010 Levies on Contract Payments

DFARS 252.243-7001 Pricing of Contract Modifications

DFARS 252.243-7002 Requests for Equitable Adjustment

Provisions Incorporated by Full Text

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (2020)

As prescribed in 4.2105(a), insert the following provision:

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered

Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or https://www.acquisition.gov/far/4.2105#FAR_4_2105 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August

13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The

Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

https://www.sam.gov/

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Dec

2019)

As prescribed in 4.2105(c), insert the following provision:

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the

Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

OTHER INFORMATION:

Accelerated delivery at no additional cost to the Government is accepted and encouraged. Partial shipments are Not Authorized.

It is the responsibility of the Offeror to ensure that its offer is compliant with ALL provisions of the FAR and its supplements. The Government MAY, but is not obligated to consider the offer of any Offeror, that is non-compliant with any provision of the FAR and its supplements.

Furthermore, the Government is NOT required to inform the Offeror that its offer is non-compliant with the FAR or any of its supplements. Failure of the Offeror to comply with any provision of the FAR and its supplements can be determined, by the Government, to be insufficient and non-responsive to the solicitation.

https://www.acquisition.gov/far/4.2105#FAR_4_2105 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

The Government anticipates making award without discussions for this solicitation.

QUESTIONS referencing this solicitation shall be submitted via email to:

sonya.l.jones1.civ@mail.mil

ANSWERS: Due to the short solicitation period, the Government will make every attempt to answer questions and post the responses to https://beta.sam.gov/; however the Government cannot guarantee that the questions will be answered before the closing of the solicitation.

AMENDMENTS, if any, will be posted on beta.SAM.gov at https://beta.sam.gov/

It is the responsibility of the offeror to follow any changes or amendments to this RFP.

SUBMISSION OF PROPOSAL: Proposals and ALL applicable attachments shall be submitted electronically by 25 September 2020, 1:00 pm Eastern Standard Time (EST), to Contract

Specialist, Sonya Jones at sonya.l.jones1.civ@mail.mil

*IMPORTANT: Please include solicitation number W56JSR-20-R-0029 in the proposal, email correspondence, and/or any other submitted documents relevant to this solicitation.

mailto:sonya.l.jones1.civ@mail.mil mailto:sonya.l.jones1.civ@mail.mil