RFP_E16PS00062_-_Microsoft_Premiere.pdf

SOLICITATION/CONTRACT 1. THIS CONTRACT IS A RATED

5. SOLICITATION TYPE2. CONTRACT NO. 4. SOLICITATION NUMBER

PAGE OF PAGES

7. ISSUED BY CODE 8. THIS ACQUISITION IS

BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27

RATING

ORDER UNDER DPAS (15 CFR 700)

3. AWARD/

EFFECTIVE DATE ISSUE DATE

6. SOLICITATION

UNRESTRICTED OR SET ASIDE:

SMALL BUSINESS

SIZE STANDARD:

9. (AGENCY USE)

NO COLLECT CALLS

10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)

SUPPLIES SERVICES

11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN

CALENDAR DAYS (60 CALENDAR DAYS UNLESS OFFEROR INSERTS A DIFFERENT

PERIOD) FROM THE DATE SET FORTH IN BLOCK 9 ABOVE, THE CONTRACTOR

AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE ITEMS SOLICITED

HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE TERMS

AND CONDITIONS STATED HEREIN.

CODE 12. ADMINISTERED BY

13. CONTRACTOR FACILITY 14. PAYMENT WILL BE MADE BY CODE CODE

OFFEROR CODE

TELEPHONE NO.

DUNS NO.

CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK:

15. PROMPT PAYMENT DISCOUNT 16. AUTHORITY FOR USING OTHER

THAN FULL AND OPEN COMPETITION

10 U.S.C. 2304 41 U.S.C. 253

NEGOTIATED

(RFP)

SEALED BIDS

(IFB)

1 2

03/31/2016

BSEE Acquisition Operations Branch 45600 Woodland Road, VAE-AMD Sterling VA 20166-9216

BSEE Acquisition Operations Branch 45600 Woodland Road, VAE-AMD Sterling VA 20166-9216

E10

541519

% FOR:X

x x

E10

Microsoft Premier Support

$27.50

E16PS00062

NAICS:

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

8(A)

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOSB PROGRAM

EDWOSB

17.

ITEM NO.

18.

SCHEDULE OF SUPPLIES/SERVICES

19.

QUANTITY

20.

UNIT

21.

UNIT PRICE

22.

AMOUNT

Microsoft Premier Support

Please see the attached request for proposal.

27. SIGNATURE OF OFFEROR/CONTACTOR 28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

NAME AND TITLE OF SIGNER (TYPE OR PRINT) DATE SIGNED NAME OF CONTRACTING OFFICER DATE SIGNED

25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION

NUMBER SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS

OR CHANGES WHICH ARE SET FORTH HEREIN, IS

ACCEPTED AS TO ITEMS:

23. ACCOUNTING AND APPROPRIATION DATA 24. TOTAL AWARD AMOUNT

(FOR GOVERNMENT USE ONLY)

Ankur Patel

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE

STANDARD FORM 1447 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.214(d)

COPIES TO

TYPE OR PRINT NAME AND TITLE OF SIGNER

SIGNATURENAME AND ADDRESS OF FIRM (Include ZIP Code)

WE DO NOT, DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF ITEMS INVOLVEDWE DO

DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE OF ITEMS INVOLVED

CANNOT MEET DELIVERY REQUIREMENT

OTHER (Specify)

UNABLE TO IDENTIFY THE ITEM(S)

CANNOT COMPLY WITH SPECIFICATIONS

PAGE

NO RESPONSE FOR REASONS CHECKED

2 2 OF

DATE AND LOCAL TIME

AFFIX

STAMP

HERE

TO:

FROM:

SOLICITATION NO.

BSEE Acquisition Operations Branch 45600 Woodland Road, VAE-AMD Sterling VA 20166-9216

E10

E16PS00062

STANDARD FORM 1447 (REV. 2/2012) BACK

Request for Proposal E16PS00062 Microsoft Premier Support Page 3 of 45

SECTION 1

PRICING

1.1 GENERAL

This United States Department of the Interior, Bureau of Safety and Environmental Enforcement

(BSEE) anticipates awarding a contract for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Parts 12 and 15, as applicable and as supplemented with additional information provided herein. This announcement constitutes the only solicitation; proposals are being requested and a separate solicitation will not be issued. The

Request for Proposal (RFP) number is E16PS00062. The North American Industrial

Classification System (NAICS) Code is 541519 – Information Technology Value Added

Resellers. This is a brand name requirement for Microsoft services the JOFOC is attached

(Attachment 2) as required in FAR 5.102(a)(6)

1.2 AWARD TYPE

The Government anticipates an award of a Firm Fixed price type contract as a result of this

Request for Proposal (RFP). However, the Government may consider other proposed types if determined appropriate.

1.3 CONTRACT LINE ITEM/PRICING

The Contractor shall furnish all personnel, equipment, materials, supplies, and services in performing the work described in Section 2, unless otherwise stated herein.

CLIN # DESCRIPTION TOTAL FIRM FIXED PRICE

0001 Microsoft Premier Support - Including $ *_______

Support Account Management (TAM time) - 400 hours

Support Assistance - 225 hours

Problem Resolution Support - 100 hours

(12 month period of performance)

[* Fill in by offeror]

Request for Proposal E16PS00062 Microsoft Premier Support Page 4 of 45

SECTION 2

STATEMENT OF WORK/DESCRIPTION OF REQUIREMENTS

2.1 BACKGROUND

The Department of the Interior (DOI) and subordinate bureaus like Bureau of Safety and

Environmental Enforcement (BSEE) standardized on the Microsoft products such as Windows

2003/2008/2012 Server, the Microsoft Office Suite, Windows 7 operating systems, Microsoft

Active Directory (including WINS/DNS/DHCP), Microsoft SCCM, and Microsoft Exchange

2003/2007/2010. BSEE IT personnel also supply these and other IT support services to the

Bureau of Ocean Energy Management (BOEM) and Office of Natural Resources Revenue

(ONRR).

To support these standards and the infrastructures they represent which deliver mission-critical services, BSEE has a requirement for obtaining Microsoft Premier Support services. Only

Microsoft Premier Support can support these technologies with direct access to Microsoft software developers and proprietary source code for current and future products.

2.2 STATEMENT OF NEED

BSEE has a need for on-going support of Microsoft: Strategic Services, Architecture Alignment, Support Management and Delivery, and assistance with the Microsoft Enterprise

Architecture. Through proactive and reactive services, the Microsoft Technical Account

Manager (TAM) and Designated Support Engineers (DSE) shall provide services that help achieve business and IT objectives, assisting BSEE with alignment of IT initiatives with business strategy to help customer-defined critical success factors become measurable.

Microsoft Premier Support is critical to BSEE’s infrastructure and software applications in fulfilling its mission. The Microsoft Premier Support Services are required to provide support for a robust, stable, supportable IT environment capable of meeting current needs.

2.3 SCOPE OF WORK/SPECIFIC TASKS

Premier Support Services are comprised of three major support areas: Support Account

Management, Support Assistance, and Problem Resolution. BSEE requires the following levels of support:

Support Quantity/ Units

Support Account Management (TAM time) 400 hours

Support Assistance 225 hours

Problem Resolution Support 100 hours

Request for Proposal E16PS00062 Microsoft Premier Support Page 5 of 45

Support Account Management - 400 hours. Support Account Management services are intended to help coordinate the support and services relationship. The Technical Account

Manager (TAM) is an advocate within Microsoft and facilitates a team that can provide

Workshops, Problem Resolution Support, escalation management and Support Assistance. The

TAM facilitates the delivery of all support services and will work with BSEE over the phone and onsite to help make sure that support requirements are being met. The TAM will also share relevant technical information with the IT staff based on an in-depth understanding of the business and IT infrastructure.

BSEE requirements includes the engagement of a Technical Account Manager (TAM), the ability of this TAM to travel to other sites as BSEE identifies, and incident support which provide a direct access channel to Microsoft deep-skilled technicians and developers. These services provide operational stability and escalation paths to support the BSEE IT systems which run 24 hours a day, 7 days a week.

The TAM provides an access channel for product information flashes and technical product information on a daily basis. The TAM also manages enterprise supportability reviews which enhance the unified IT infrastructure. Supportability reviews address security requirements, initial elements of enhanced designs, and guide further implementation/corrective actions. The

TAM provides critical input on strategic planning the BSEE IT systems. The TAM manages

“break/fix” processes which require Microsoft’s intervention.

BSEE requires direct, expedient and unique access to Microsoft software developers and source code for current and future products enabling (a) specialized insight into the architecture of current solutions that can facilitate smooth migrations to existing and future unreleased products/versions; (b) quick and comprehensive resolution of product support, trouble-shooting and hot-fix type issues; and (c) immediate and focused technology feedback link between customers and the Microsoft product development teams to help shape the direction, features and functionality of future products.

BSEE also requires specialized training of support personnel from Microsoft product development teams on how enterprise customers can best plan for, deploy, manage and maximize productivity of existing and future Microsoft products.

Support Assistance - 225 hours. Planning and infrastructure support services aim to reduce systems management and support costs by identifying operational risks and addressing potential problems before they occur. These services offer prescriptive advice and guidance on IT issues such as performance concerns, disaster recovery and configuration assistance. BSEE shall also have access to best practices from Microsoft’s internal IT experience supporting critical business systems.

Premier Support Assistance provides short-term advice and guidance for problems not covered with Problem Resolution Service as well as requests for consultative assistance for design, development and deployment issues.

Information Services provide staff with the latest knowledge on Microsoft technologies to

Request for Proposal E16PS00062 Microsoft Premier Support Page 6 of 45 enhance in-house support capabilities.

The Premier online website provides access to the following information resources at no additional charge:

Regularly updated product news flashes documenting key support and operational information about Microsoft products.

Critical problem alert notifications of potentially high-impact problems.

Web response tool for submitting and checking the status of support incidents.

Microsoft Knowledge Base of technical articles and troubleshooting tools and guides.

Problem Resolution Support - 100 hours. Problem Resolution support provides assistance for problems with specific symptoms encountered while using Microsoft products, where there is a reasonable expectation that the problems are caused by Microsoft products. Problem Resolution

Support is available 24 hours a day, 7 days a week. Requests for support may be submitted via telephone or electronically through the Premier online website by a designated contacts, except for Severity 1 and A which must be submitted via telephone. Microsoft’s streamlined critical situation management process means that critical problems are escalated as high in the Microsoft technical organization as required to help address BSEE’s situation.

Performance Requirement Summary

Severity Situation Our Expected Response Your Expected Response

Submission via phone only

Catastrophic business impact:

Complete loss of a core (mission critical) business process and work cannot reasonably continue

Needs immediate attention st call response in 1 hour or less

Our Resources at Your site as soon as possible.

Continuous effort on a 24x7 basis

Rapid Escalation within Microsoft to Product teams

Notification of Our Senior Executives

Notification of Your Senior executives

Allocation of appropriate resources to sustain continuous effort on a 24x7 basis

Rapid access and response from change control authority

A Submission via phone only

Critical business impact:

Significant loss or degradation of services

Needs attention within 1hour st call response in 1 hour or less

Our Resources at Your site as required.

Continuous effort on a 24x7 basis

Notification of Our Senior Managers

Allocation of appropriate resources to sustain continuous effort on a 24x7 basis

Rapid access and response from change control authority

Management notification

B Submission via phone or web

Moderate business impact:

Moderate loss or degradation of services but work can reasonably continue in an impaired manner.

Needs attention within 2 Business Hours st call response in 2 hours or less

Effort during Business Hours only

Allocation of appropriate resources to sustain Business Hours continuous effort

Access and response from change control authority within 4 Business Hours

C Submission via phone or web

Minimum business impact:

Substantially functioning with minor or no impediments of services.

Needs attention within 4 Business Hours st call response in 4 hours or less

Effort during Business Hours only

Accurate contact information on case owner

Responsive within 24 hours.

Business Hours are defined as 6AM to 6PM Pacific Time, Monday through Friday excluding holidays.

We may need to downgrade the severity level if You are not able to provide adequate resources or responses to enable

Us to continue with problem resolution efforts.

Request for Proposal E16PS00062 Microsoft Premier Support Page 7 of 45

2.4 PERFORMANCE REQUIREMENT

Contractor must be the authorized reseller of Microsoft Premier Support Services.

Request for Proposal E16PS00062 Microsoft Premier Support Page 8 of 45

SECTION 3

CONTRACT TERMS AND CONDITIONS

3.1 PERIOD OF PERFORMANCE

The base period of performance for this effort shall be for 12 months from the date of award.

3.2 PLACE OF PERFORMANCE/ DELIVERY ADDRESS

The place of performance is at both the contractor’s facility and BSEE’s offices in Washington, DC, Sterling, VA, New Orleans, LA, Anchorage, AK, and Camarillo, CA.

3.3 DIAR 1452.201-70 - AUTHORITIES AND DELEGATIONS (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction

(written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

Request for Proposal E16PS00062 Microsoft Premier Support Page 9 of 45

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the

Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting

Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

3.4 BSEE CONTRACTING POINTS OF CONTACT

3.4.1 Contracting Officer (CO)

The Contracting Officer (CO) and Contract Administrator (CA) for this contract is:

Ankur Patel

Bureau of Safety and Environmental Enforcement (BSEE) Acquisition Operations Branch

45600 Woodland Road, VAE-AMD

Sterling, VA 20166

Telephone: (703) 787-1559

Email: ankur.patel@bsee.gov

3.4.2 Contracting Officer’s Technical Representative (COR)

The Contracting Officer’s Technical Representative (COR) for this contract is:

TO BE ANNOUNCED FOLLOWIN CONTRACT AWARD.

3.5 PAYMENTS/INVOICING REQUIREMENTS

Instruction provided in paragraph 3.5.1 below.

3.5.1 DIAPR 2011-04, ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS - INTERNET PAYMENT PLATFORM (IPP) (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the

Treasury's Invoice Processing Platform System (IPP) no more than once monthly as detailed below.

"Payment request" means any request for contract financing payment or invoice payment by the

Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the mailto:ankur.patel@bsee.gov

Request for Proposal E16PS00062 Microsoft Premier Support Page 10 of 45 clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the

IPP invoice: Documentation required by FAR 32.905(b), to include the supplies and services provided (deliverable/milestone).

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production

Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its quote or quotation.

3.5.2 PAYMENT FREQUENCY

Payment will be made for deliverables submitted by the Contractor and accepted by the

Government at the price set forth in Section 1.3 one time once services have been turned on.

3.6 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(JUL 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance

Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS.

CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance

Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

Request for Proposal E16PS00062 Microsoft Premier Support Page 11 of 45 registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line

Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments shall focus on objective facts in the Assessing

Official’s narrative and shall provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 – 17 shall be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the Contractor on (date). The Contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you shall request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

Request for Proposal E16PS00062 Microsoft Premier Support Page 12 of 45

3.7 CONTRACTOR’S PROPOSAL

The Contractor’s proposal may be incorporated by reference into this contract. Any inconsistencies or in the event of a conflict between terms and conditions of the contract and the

Contractor’s proposal shall be resolved by giving precedence to the terms and conditions of this contract.

3.8 AVAILABILITY OF CLAUSES:

3.8.1 In accordance with FAR 52.252-2, this solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The Contractor shall comply with these clauses unless the circumstances do not apply. The full text of a clause may be accessed electronically at the following address: http://acquisition.gov/comp/far/index.html.

FAR Clause Title Date Required By

52.212-4 Contract Terms and Conditions - Commercial Items May 2015 12.301(b)(3)

3.8.2 The following FAR contract provision or clauses as required by the Federal Acquisition

Regulations are attached hereto in full text.

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements (DEVIATION 2015-02) (MAR 2015)

(a) The contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a

Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the

Government determines that the contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

http://acquisition.gov/comp/far/index.html

Request for Proposal E16PS00062 Microsoft Premier Support Page 13 of 45

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CF

R Chapter 1) clause with an authorized deviation isindicated by the addition of “(DEVIATION)

” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Interior Acquisition

Regulation48 CFR Chapter 14) clause with an authorizeddeviation is indicated by the addition o f “(DEVIATION)” after the name of the regulation.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statues or

Executive Orders – Commercial Items (March 2016)

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

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 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.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009).

__X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct

2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section

743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Jan 2014) (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).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

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

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and

(3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

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___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657f).

_X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (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 (Feb 2016) (E.O.

13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_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 (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

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

___ (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.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct

2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving

(Aug 2011) (E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-

138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

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___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

_X__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management

(Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 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).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(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:

[Contracting Officer check as appropriate.]

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___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 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).

___ (7) 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).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(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

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(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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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.

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

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

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

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

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

(xii) 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.)

(xiii) 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)

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

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

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(xvii) 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.

(xviii) 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.

3.10 FAR 52.243-1 CHANGES—FIXED-PRICE (AUG 1987) , ALTERNATE I (APR

1984)

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:

(1) Description of services to be performed.

(2) Time of performance (i.e., hours of the day, days of the week, etc.).

(3) Place of performance of the services.

(b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the

Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

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(d) If the Contractor’s proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

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SECTION 4

PROPOSAL PREPARATION INSTRUCTIONS

4.1 FAR 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):

www.acquisition.gov/far.

52.212-1 Instructions to Offerors – Commercial Items Oct 2015 12.301(b)(1)

4.2 SOLICITATION PROVISION IN FULL TEXT

Provision 52.203-98, Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements—Representation (DEVIATION 2015-02) (FEB 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

4.3 FAR 52.216-1 – TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed price contract resulting from this solicitation.

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4.4 PROPOSAL DUE DATE

Proposals must be submitted no later than 2:00 P.M. Eastern Time, Friday, April 15, 2015.

4.5 SUBMISSION OF QUESTIONS

Questions concerning this solicitation must be submitted no later than 12:00 P.M. Eastern Time, Friday, April 8, 2016. Questions shall be submitted via email to ankur.patel@bsee.gov. RFP

Number E16PS00062 must be included in the subject line of the email. BSEE anticipates releasing the responses to questions by Tuesday, April 12, 2016.

4.6 PROPOSAL SUBMISSION INSTRUCTIONS/RFQ DELIVERY LOCATION

Your proposal in response to this RFP shall be submitted by email to the Contracting Officer, Ankur Patel, at ankur.patel@bsee.gov. Please be advised that it is the Contractor’s responsibility to assure the Government receives your submission on or before the specified due date.

4.7 QUOTATION PREPARATION INSTRUCTIONS

The quotation package must include two (2) separate volumes for the submission of the Technical

Quotation and the Price Quotation as follows:

Volume 1: Technical Quotation

Volume 2: Price Quotation

4.8 PROPOSAL PREPARATION INSTRUCTIONS

In order to compete for this contract, interested parties must provide a separate Technical and

Price Proposal. The proposal shall consist of: 1) Technical proposal based on the Statement of

Work/Requirements in Section 2, and 2) Price proposal in accordance with Pricing in Section 1.

The submission must also include the Offerors Representations, Certifications and assumptions, conditions or exceptions, as specified below:

4.8.1 Technical Proposal. The technical proposal shall include the offeros approach to meeting the statement of work requirements and a certification that they are a Microsoft Premier

Reseller with full access to Microsoft Premier Support services.

4.8.2 Price Proposal. The price proposal shall be based on the offerors current market price with any additional discounts. The proposal shall provide the pricing/rates to meet the requirements in Section 2. The price portion must clearly identify your basis of pricing and a cumulative summary of pricing. The price proposal must also include the offerors: Tax

Identification Number (TIN), Dun & Bradstreet Data Universal Numbering System (DUNS)

Number, information supporting their small business size determination, and a signed SF 1449, and a signed copy of all amendments.

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4.8.3 FAR 52.212-3 Offeror Representations and Certifications – Commercial Items

(Mar 2015)

Contractor shall complete the Offeror Representations and Certifications listed in Attachment 1 and submit with their Price Proposal.

4.8.4 Assumptions, Conditions, or Exceptions. Offerors shall highlight any assumptions, conditions, or exception provisions that conflict with the terms and conditions of this solicitation in the Technical Proposal volume. These documents will be reviewed by the Government. Any terms and conditions that are considered unacceptable by the Government and cannot be resolved may result in the Offeror being removed from consideration. Conflicting provisions will be considered as exceptions to the terms and conditions of this solicitation.