Combined Synopsis-Solicitation RFP - Tipping Point Software 29 April 2024.pdf

SUBJECT: Solicitation: W91CRB-24-R-TIPP – EN-B-UDY; Request for Quote (RFQ)

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) 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 solicitation is a Request for Quote (RFQ). This action is posted as Brand Name Full and Open Competition under NAICS Code: 513210 “Software Publishers”. The size standard for the NAICS Code is $41.5 Million.

The U.S. Army Contracting Command-Aberdeen Proving Ground (ACC-APG), an agency of the Government, has a brand name requirement for the procurement of Tipping Point Software and Support Services. In accordance with FAR 6.302-4, International Agreement this procurement is a country directed brand name requirement Foreign Military Sales (FMS) Case EN-B-UDY for the country of Estonia. The Government anticipates the issuance of a commercial Firm Fixed Price (FFP) contract as a result of subject synopsis/solicitation. The anticipated date of award to be determined but no later than 24 June 2024.

All supplies/services are requested to be proposed upon and specified by the offeror as seen below:

Description:

CLIN 0001 – P/N TPNN0332 Tipping Point 5500TX HW+ HW Including Support and Licensing Trend Micro Licensing for 5 years from delivery –EN-B-UDY.

The contractor shall deliver qty 7 Tipping Point 5500TX HW+ HW Including Support and Licensing Trend Micro Licensing for 5 years from delivery.

CLIN 0002 – P/N TPNN0276 Tipping Point 5Gbps TPS Inspection Including Support and Licensing Trend Micro Licensing for 5 years from delivery – EN-B-UDY.

The contractor shall deliver qty 7 Tipping Point 5Gbps TPS Inspection Including Support and Licensing Trend Micro Licensing for 5 years from delivery.

CLIN 0003 – P/N TPNN0286 Tipping Point 5Gbps TPS ThreatDV Including Support and Licensing Trend Micro Licensing for 5 years from delivery – EN-B-UDY.

The contractor shall deliver qty 7 Tipping Point 5Gbps TPS ThreatDV Including Support and Licensing Trend Micro Licensing for 5 years from delivery.

CLIN 0004 – P/N TPNN0196 Tipping Point IO Module; 6 segment Gig-T Rev B Trend Micro Licensing – EN-B-UDY.

The contractor shall deliver qty 7 Tipping Point IO Module; 6 segment Gig-T Rev B Trend Micro Licensing.

CLIN 0005 – P/N TPNN0304 Tipping Point vSMS Enterprise Virtual Appliance including Support and Licensing Trend Micro Licensing for 5 years from delivery – EN-B-UDY.

The contractor shall deliver qty 1 Tipping Point vSMS Enterprise Virtual Appliance including Support and Licensing Trend Micro Licensing for 5 years from delivery.

Other Information/Requirements:

1. It is the responsibility of the Offeror to ensure that their Offer is compliant with ALL provisions of the FAR and its supplements. The Government MAY, but is not obligated to, consider an Offer that is non-compliant with any provision of the FAR and its supplements. Furthermore, the Government is NOT required to inform any Offeror that their Offer is non-compliant with the FAR or any of its supplements. Failure of an Offer to comply with any provision of the FAR and its supplements may result in the Offeror being deemed non-responsive to the solicitation.

2. The Government requires the Tipping Point Software and Support Services. Licenses to be delivered as soon as possible. Contractors shall propose a delivery date for CLIN 0001 through CLIN 0005. Only one (1) date shall be provided per CLIN. Details of Delivery Location and Inspection and Acceptance are as follows:

CLIN 0001-FMS Case EN-B-UDY:

Place of delivery TBD Inspection and Acceptance at Destination FOB Origin

CLIN 0002-FMS Case EN-B-UDY:

Place of delivery TBD Inspection and Acceptance at Destination FOB Origin

CLIN 0003-FMS Case EN-B-UDY:

Place of delivery TBD Inspection and Acceptance at Destination FOB Origin

CLIN 0004-FMS Case EN-B-UDY:

Place of delivery TBD Inspection and Acceptance at Destination FOB Origin

CLIN 0005-FMS Case EN-B-UDY:

Place of delivery TBD Inspection and Acceptance at Destination FOB Origin

3. All responsible sources may submit a quote which will be considered by the Contracting Officer. The offeror must be registered in the System for Award Management (SAM) database and include the assigned Unique Entity Identification code with quote submission.

4. **Offerors SHALL include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with their response.

Additionally, Offerors shall provide a completed copy of 52.204-24 and 52.204-26 with their response.**

5. Any questions are to be submitted in writing to Charrissa Stancell, Contract Specialist, via email to: Charrissa.m.stancell.civ@army.mil no later than 10:00AM - EST – U.S. on 29 May 2024.

6. The offeror shall submit their quote via email to Charrissa Stancell, Contract Specialist, Charrissa.m.stancell.civ@army.mil by 10:00AM – EST-U.S. 05 June 2024. An email confirmation from the contract specialist must be received to be considered submitted.

Contact Information:

Charrissa Stancell Contract Specialist Army Contracting Command –Aberdeen Proving Ground (ACC-APG) Email – Charrissa.m.stancell.civ@army.mil

BASIS FOR AWARD:

Proposals will be evaluated in accordance with FAR 13.106-2, Evaluation of Quotations or Offers. A single award will be made based on the Lowest Priced Technically Acceptable (LPTA) evaluation approach. (Note: See FAR 52.212-2 for evaluation criteria detailed herein). The Government intends to award a contract resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation.

mailto:Charrissa.m.stancell.civ@army.mil mailto:Charrissa.m.stancell.civ@army.mil mailto:Charrissa.m.stancell.civ@army.mil

In accordance with FAR 52.215-1(f)(4), the Government intends to evaluate proposals and award without discussions with offerors (except clarifications as described in FAR 15.306(a)).

Therefore, the offerors initial proposal should contain the offerors best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

Proposals will be evaluated in accordance with FAR 52.212-2, “Evaluation—Commercial Products and Commercial Services (Nov 2021)”:

(a) 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:

Factor 1 Cost/Price: Price will be evaluated based on the total proposed price for CLIN 0001 through CLIN 0005.

Factor 2 Technical: Technical will be evaluated based on the technical capability of the item/s offered to meet the Government’s requirement. Additionally, the technical element of the evaluation shall be based solely on information furnished by the vendor. The Government is not responsible for locating or securing any information which is not provided in the proposal.

(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.

PROVISIONS AND CLAUSES applicable to this acquisition are as follows:

FAR 52.203-7 Anti-Kickback Procedures FAR 52.204-4 Printed of Copied Double-Sided on Recycled Paper FAR 52.204-7 System for Award Management FAR 52.204-8 Annual Representations and Certifications FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards FAR 52.204-13 System for Award Management Maintenance FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-17 Ownership or Control of Offeror FAR 52.204-18 Commercial and Government Entity Code Maintenance

FAR 52.204-19 Incorporated by Reference of Representations and Certifications FAR 52.204-20 Predecessor of Offerors FAR 52.204-23 Prohibition on Contracting for Hardware, Software and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunication and Video Surveillance Services or Equipment

FAR 52.204-26 Covered Telecommunications Equipment or Services Representation

FAR 52.207-1 Notice of Standard Competition FAR 52.207-2 Notice of Streamlined Competition FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--

Representation FAR 52.209-6 Protecting the Governments Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction Under any Federal Law FAR 52.211-8 Time of Delivery FAR 52.212-1 Instructions to Offerors -- Commercial Items. (DEVIATION 2018-

O0018) FAR 52.212-4 Contract Terms and Conditions -- Commercial Items FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders- Commercial Items, for Paragraph (b) the following clauses apply: 52.222-3, Convict Labor, 52.222-21, Prohibition of Segregated Facilities, 52.222-26, Equal Opportunity, 52.222-35, Equal Opportunity for Veterans, 52.222-25, Affirmative Action Compliance, 52.222-36 Equal Opportunity for Workers with Disabilities, 52.222-37 Employment Reports on Veterans, 52.222-50 Combating Trafficking in Persons, 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving, 52.233-2, Service of Protest AND 52.232-33, Payment by Electronic Funds Transfer-System for Award Management;

52.233-3, Protest after Award

FAR 52.219-6 Notice of Total Small Business Set-Aside FAR 52.219-8 Utilization of Small Business Concerns FAR 52.219-9 Small Business Subcontracting Plan FAR 52.219-14 Limitations on Subcontracting FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction

Goals – Representations FAR 52.225-13 Restrictions on Certain Foreign Purchases FAR 52.232-8 Discounts for Prompt Payment FAR 52.232-11 Extras FAR 52.232-39 Unenforceability of Unauthorized Obligations

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-3 Protest after Award FAR 52.233-4 Applicable Law for Breach of Contract Claim FAR 52.242-13 Bankruptcy FAR 52.242-15 Stop-Work Order FAR 52.242-17 Government Delay of Work FAR 52.243-1 Changes—Fixed Price FAR 52.246-16 Responsibility for Supplies FAR 52.247-29 F.O.B. Origin FAR 52.249-1 Termination for Convenience of the Government FAR 52.252-1 Solicitation Provisions Incorporated by Reference FAR 52.252-2 Clauses Incorporated by Reference FAR 52.253-1 Computer Generated Forms

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002 Requirements to Inform Employees of Whistleblower Rights DFARS 252.203-7005 Representations Relating to Compensation of Former DoD

Officials DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.204-7004 Alternate A System of Award Management DFARS 252.204-7007 Alternate A Annual Representations and Certifications DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information

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

Reporting DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements DFARS 252.222-7999 Combating Race and Sex Stereotyping (Deviation 2021-O0001) DFARS 252.223-7008 Prohibition of Hexavalent Chromium DFARS 252.225-7007 Prohibition on Acquisition of Certain Items from Communist

Chinese Military Companies DFARS 252.225-7041 Correspondence In English DFARS 252.225-7048 Export-Controlled Items DFARS 252.227-7027 Deferred Ordering of Technical Data or Computer Software DFARS 252.227-7032 Right in Technical Data and Computer Software (Foreign) 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 252.244-7000 Subcontract for Commercial Items

Full text of these provisions and clauses, with noted exceptions regarding local clauses, may be obtained by accessing the following internet website: https://www.acquisition.gov