HC108421R0006 - RFP Cisco JELA III.docx

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Cisco JELA III - AMD0001
Solicitation number
HC108421R0006
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This is a request for proposals for Cisco Smart Net Total Care support and Software Support Services across the Department of Defense. The Defense Information Technology Contracting Organization is seeking proposals for an indefinite delivery/indefinite quantity contract with firm fixed pricing to Cisco Systems, Inc. or one of its certified gold partners. Proposals are due by May 18, 2021 for support covering annual periods from June 2021 through June 2024. Delivery orders will be invoiced monthly in arrears. The solicitation is open to both large and small businesses, with questions due by May 11, 2021 and proposals to be submitted to three specified contracting officers.

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AMD0001 Question and Answers - HC108421R0006.pdf PDF
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HC108421R0006

Section SF 1449 - CONTINUATION SHEET

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

Cisco Smart Net Total Care (SNTC)

FFP

CON-NCFT-2600MIB

Provide Cisco Smart Net support for 100 percent of the requiring organization's equipment in accordance with the Terms and Conditions.

The contractor is authorized to invoice monthly in arrears.

FOB: Destination

PSC CD: DA10

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

Cisco Smart Net Total Care (SNTC)

CON-NCFT-1300MIB

Provide Cisco Smart Net support for 100 percent of the requiring organization's equipment in accordance with the Terms and Conditions.

The contractor is authorized to invoice monthly in arrears.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

Cisco Smart Net Total Care (SNTC)

CON-NCFT-1000MIB

Provide Cisco Smart Net support for 100 percent of the requiring organization's equipment in accordance with the Terms and Conditions.

The contractor is authorized to invoice monthly in arrears.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

Cisco Smart Net Total Care (SNTC)

CON-NCFT-175MIB

Provide Cisco Smart Net support for 100 percent of the requiring organization's equipment in accordance with the Terms and Conditions.

The contractor is authorized to invoice monthly in arrears.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

Cisco Smart Net Total Care (SNTC)

CON-NCFT-50MIB

Provide Cisco Smart Net support for 100 percent of the requiring organization's equipment in accordance with the Terms and Conditions.

The contractor is authorized to invoice monthly in arrears.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

Cisco Smart Net Total Care (SNTC)

CON-NCFT-1MIB

Provide Cisco Smart Net support for 100 percent of the requiring organization's equipment in accordance with the Terms and Conditions.

The contractor is authorized to invoice monthly in arrears.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

Software Support Services (SWSS)

CON-NCFT-50MIB-P

Provide SWSS in accordance with the Terms and Conditions.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

Software Support Services (SWSS)

CON-NCFT-1MIB-P

Provide SWSS in accordance with the Terms and Conditions.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Cisco Smart Net Total Care (SNTC)

FFP

CON-NCFT-2600MIB

Provide Cisco Smart Net support for 100 percent of the requiring organization's equipment in accordance with the Terms and Conditions.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Cisco Smart Net Total Care (SNTC)

FFP

CON-NCFT-1300MIB

Provide Cisco Smart Net support for 100 percent of the requiring organization's equipment in accordance with the Terms and Conditions.

The contractor is authorized to invoice monthly in arrears.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Cisco Smart Net Total Care (SNTC)

FFP

CON-NCFT-1000MIB

Provide Cisco Smart Net support for 100 percent of the requiring organization's equipment in accordance with the Terms and Conditions.

The contractor is authorized to invoice monthly in arrears.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Cisco Smart Net Total Care (SNTC)

FFP

CON-NCFT-175MIB

Provide Cisco Smart Net support for 100 percent of the requiring organization's equipment in accordance with the Terms and Conditions.

The contractor is authorized to invoice monthly in arrears.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Cisco Smart Net Total Care (SNTC)

FFP

CON-NCFT-50MIB

Provide Cisco Smart Net support for 100 percent of the requiring organization's equipment in accordance with the Terms and Conditions.

The contractor is authorized to invoice monthly in arrears.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Cisco Smart Net Total Care (SNTC)

FFP

CON-NCFT-1MIB

Provide Cisco Smart Net support for 100 percent of the requiring organization's equipment in accordance with the Terms and Conditions.

The contractor is authorized to invoice monthly in arrears.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Software Support Services (SWSS)

FFP

CON-NCFT-50MIB-P

Provide SWSS in accordance with the Terms and Conditions.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Software Support Services (SWSS)

FFP

CON-NCFT-1MIB-P

Provide SWSS in accordance with the Terms and Conditions.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Cisco Smart Net Total Care (SNTC)

FFP

CON-NCFT-2600MIB

Provide Cisco Smart Net support for 100 percent of the requiring organization's equipment in accordance with the Terms and Conditions.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Cisco Smart Net Total Care (SNTC)

FFP

CON-NCFT-1300MIB

Provide Cisco Smart Net support for 100 percent of the requiring organization's equipment in accordance with the Terms and Conditions.

The contractor is authorized to invoice monthly in arrears.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Cisco Smart Net Total Care (SNTC)

FFP

CON-NCFT-1000MIB

Provide Cisco Smart Net support for 100 percent of the requiring organization's equipment in accordance with the Terms and Conditions.

The contractor is authorized to invoice monthly in arrears.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Cisco Smart Net Total Care (SNTC)

FFP

CON-NCFT-175MIB

Provide Cisco Smart Net support for 100 percent of the requiring organization's equipment in accordance with the Terms and Conditions.

The contractor is authorized to invoice monthly in arrears.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Cisco Smart Net Total Care (SNTC)

FFP

CON-NCFT-50MIB

Provide Cisco Smart Net support for 100 percent of the requiring organization's equipment in accordance with the Terms and Conditions.

The contractor is authorized to invoice monthly in arrears.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Cisco Smart Net Total Care (SNTC)

FFP

CON-NCFT-1MIB

Provide Cisco Smart Net support for 100 percent of the requiring organization's equipment in accordance with the Terms and Conditions.

The contractor is authorized to invoice monthly in arrears.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Software Support Services (SWSS)

FFP

CON-NCFT-50MIB-P

Provide SWSS in accordance with the Terms and Conditions.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Software Support Services (SWSS)

FFP

CON-NCFT-1MIB-P

Provide SWSS in accordance with the Terms and Conditions.

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1.00
$100.00
1,180,185,116.00
$1,180,185,116.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
N/A
N/A
N/A
Government
0002
N/A
N/A
N/A
Government
0003
N/A
N/A
N/A
Government
0004
N/A
N/A
N/A
Government
0005
N/A
N/A
N/A
Government
0006
N/A
N/A
N/A
Government
0007
N/A
N/A
N/A
Government
0008
N/A
N/A
N/A
Government
1001
N/A
N/A
N/A
Government
1002
N/A
N/A
N/A
Government
1003
N/A
N/A
N/A
Government
1004
N/A
N/A
N/A
Government
1005
N/A
N/A
N/A
Government
1006
N/A
N/A
N/A
Government
1007
N/A
N/A
N/A
Government
1008
N/A
N/A
N/A
Government
2001
N/A
N/A
N/A
Government
2002
N/A
N/A
N/A
Government
2003
N/A
N/A
N/A
Government
2004
N/A
N/A
N/A
Government
2005
N/A
N/A
N/A
Government
2006
N/A
N/A
N/A
Government
2007
N/A
N/A
N/A
Government
2008
N/A
N/A
N/A
Government

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
POP 21-JUN-2021 TO

20-JUN-2022

N/A
N/A
0002
POP 21-JUN-2021 TO

20-JUN-2022

N/A
N/A
0003
POP 21-JUN-2021 TO

20-JUN-2022

N/A
N/A
0004
POP 21-JUN-2021 TO

20-JUN-2022

N/A
N/A
0005
POP 21-JUN-2021 TO

20-JUN-2022

N/A
N/A
0006
POP 21-JUN-2021 TO

20-JUN-2022

N/A
N/A
0007
POP 21-JUN-2021 TO

20-JUN-2022

N/A
N/A
0008
POP 21-JUN-2021 TO

20-JUN-2022

N/A
N/A
1001
POP 21-JUN-2022 TO

20-JUN-2023

N/A
N/A
1002
POP 21-JUN-2022 TO

20-JUN-2023

N/A
N/A
1003
POP 21-JUN-2022 TO

20-JUN-2023

N/A
N/A
1004
POP 21-JUN-2022 TO

20-JUN-2023

N/A
N/A
1005
POP 21-JUN-2022 TO

20-JUN-2023

N/A
N/A
1006
POP 21-JUN-2022 TO

20-JUN-2023

N/A
N/A
1007
POP 21-JUN-2022 TO

20-JUN-2023

N/A
N/A
1008
POP 21-JUN-2022 TO

20-JUN-2023

N/A
N/A
2001
POP 21-JUN-2023 TO

20-JUN-2024

N/A
N/A
2002
POP 21-JUN-2023 TO

20-JUN-2024

N/A
N/A
2003
POP 21-JUN-2023 TO

20-JUN-2024

N/A
N/A
2004
POP 21-JUN-2023 TO

20-JUN-2024

N/A
N/A
2005
POP 21-JUN-2023 TO

20-JUN-2024

N/A
N/A
2006
POP 21-JUN-2023 TO

20-JUN-2024

N/A
N/A
2007
POP 21-JUN-2023 TO

20-JUN-2024

N/A
N/A
2008
POP 21-JUN-2023 TO

20-JUN-2024

N/A
N/A

CLAUSES INCORPORATED BY REFERENCE

52.202-1
Definitions
JUN 2020
52.203-3
Gratuities
APR 1984
52.203-6 Alt I
Restrictions On Subcontractor Sales To The Government (JUN 2020) -- Alternate I
OCT 1995
52.203-12
Limitation On Payments To Influence Certain Federal Transactions
JUN 2020
52.203-17
Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
JUN 2020
52.204-4
Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7
System for Award Management
OCT 2018
52.204-13
System for Award Management Maintenance
OCT 2018
52.204-16
Commercial and Government Entity Code Reporting
AUG 2020
52.204-18
Commercial and Government Entity Code Maintenance
AUG 2020
52.204-19
Incorporation by Reference of Representations and Certifications.
DEC 2014
52.204-22
Alternative Line Item Proposal
JAN 2017
52.204-25
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2020
52.212-4
Contract Terms and Conditions--Commercial Items
OCT 2018
52.217-5
Evaluation Of Options
JUL 1990
52.222-24
Preaward On-Site Equal Opportunity Compliance Evaluation
FEB 1999
52.222-50
Combating Trafficking in Persons
OCT 2020
52.229-3
Federal, State And Local Taxes
FEB 2013
52.229-11
Tax on Certain Foreign Procurements--Notice and Representation
JUN 2020
52.232-18
Availability Of Funds
APR 1984
52.232-39
Unenforceability of Unauthorized Obligations
JUN 2013
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.233-1
Disputes
MAY 2014
52.242-13
Bankruptcy
JUL 1995
52.252-1
Solicitation Provisions Incorporated By Reference
FEB 1998
52.253-1
Computer Generated Forms
JAN 1991
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
SEP 2013
252.203-7003
Agency Office of the Inspector General
AUG 2019
252.203-7005
Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7002
Payment For Contract Line or Subline Items Not Separately Priced
APR 2020
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7004
Antiterrorism Awareness Training for Contractors.
FEB 2019
252.204-7006
Billing Instructions
OCT 2005
252.204-7008
Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.204-7018
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.205-7000
Provision Of Information To Cooperative Agreement Holders
DEC 1991
252.209-7004
Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.215-7007
Notice of Intent to Resolicit
JUN 2012
252.215-7008
Only One Offer
JUL 2019
252.223-7008
Prohibition of Hexavalent Chromium
JUN 2013
252.225-7012
Preference For Certain Domestic Commodities
DEC 2017
252.225-7051
Prohibition on Acquisition of Certain Foreign Commercial Satellite Services.
DEC 2018
252.225-7052
Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.
OCT 2020
252.225-7974 (Dev)
Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)
FEB 2020
252.226-7001
Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
252.227-7013
Rights in Technical Data--Noncommercial Items
FEB 2014
252.227-7014
Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation
FEB 2014
252.227-7015
Technical Data--Commercial Items
FEB 2014
252.227-7016
Rights in Bid or Proposal Information
JAN 2011
252.227-7030
Technical Data--Withholding Of Payment
MAR 2000
252.227-7037
Validation of Restrictive Markings on Technical Data
SEP 2016
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7007
Limitation Of Government's Obligation
APR 2014
252.232-7010
Levies on Contract Payments
DEC 2006
252.239-7017
Notice of Supply Chain Risk
FEB 2019
252.239-7018
Supply Chain Risk
FEB 2019
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.243-7002
Requests for Equitable Adjustment
DEC 2012
252.244-7000
Subcontracts for Commercial Items
JAN 2021
252.247-7023
Transportation of Supplies by Sea
FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(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

(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) Representations. 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:

(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.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have 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) Representations.

(1) 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020)

(a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts.

(b) If the Offeror is proposing a total contract price that will exceed $5.5 million (including options), the Offeror shall certify that, to the best of its knowledge and belief, it--

(1) Has [ ] filed all Federal tax returns required during the three years preceding the certification;

(2) Has not [ ] been convicted of a criminal offense under the Internal Revenue Code of 1986; and

(3) Has not [ ], more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

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.

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Offerors are requested to submit a written technical and price proposal in response to the solicitation detailing Smart Net Total Care (SNTC) and Software Support Services (SWSS). Offerors shall submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. Offerors shall ensure ALL provisions/clauses/Section 508 requirements are included with their submittal (this is not part of the page count)

· Offerors shall submit their proposal to Carmelyn Bryan, carmelynanne.bryan.civ@mail.mil, Nathan Sterling, nathan.l.sterling3.civ@mail.mil, and Lisa Cravens, lisa.o.cravens.civ@mail.mil.

· Questions are due NLT May 11, 2021 at 3:00 pm Central Standard time.

As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Multiple offers. One offer in response to the solicitation is allowed.

(e) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government reserves the right to make one award or to not award at all.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

a. Award will be made to the offeror whose proposal is determined to represent the overall best value to the Government using a Lowest Price Technically Acceptable (LPTA) evaluation process. The evaluation factors and subfactors identified below will be used in the determination of technical acceptability.

b. After receipt of proposals, the Government will first evaluate the lowest price proposal. If the lowest price proposal is determined to be technically acceptable and otherwise properly awardable, award will be made to that offeror. The Government reserves the right to evaluate only the lowest price proposal or to conduct further evaluations of additional proposals.

c. The standards for determining technical acceptability are below, as well as information concerning price proposals.

(1) Technical/Management Approach Factor: The Technical/Management Subfactors will be evaluated and rated either Acceptable or Unacceptable. In order for a proposal to be rated overall Technically Acceptable, each of the following subfactors shall be rated Acceptable. Technical/ management proposals should not exceed 15 pages.

(a) Subfactor 1: The offeror shall demonstrate and provide all aspects of SNTC and SWSS support. To be deemed technically acceptable, the offeror shall be able to provide all aspects of SNTC and SWSS support as defined in all the CLINs and Terms and Conditions.

(b) Subfactor 2: In order to be deemed technically acceptable, the offeror shall be the Original Equipment Manufacturer (OEM) OR the offeror shall be a certified Cisco Gold Partners/reseller of Cisco SNTC and will continue to be a certified Cisco Gold Partner/reseller of Cisco SNTC through June 2024. If the offeror is not the OEM, the offeror shall submit with its proposal, a separate letter from Cisco, confirming that the offeror is a certified Cisco Gold Partner/reseller. This letter shall not be older than 30 days from the date proposals are due. In this letter Cisco shall confirm the offeror is a certified Cisco Gold Partner/reseller of Cisco SNTC who is capable of providing SNTC for all the agencies listed in the Terms and Conditions and will continue to be a certified Cisco Gold Partner/reseller of Cisco SNTC through June 2024.

Technical Ratings

Rating
Description
Acceptable
Proposal meets the requirements of the solicitation.
Unacceptable
Proposal does not meet the requirements of the solicitation.

(2) Price Factor –

(a) The offeror’s price proposal will be evaluated to determine if they are reasonable and complete. The total evaluated price will consist of the contractor’s proposed price for ALL the base period CLINs, and the option period CLINs.

(b) Evaluation of options shall not obligate the Government to exercise such options.

(c) The offeror’s price proposal will be evaluated as defined in FAR 15.404.

(d) The Government will verify that all solicitation requirements have been priced, figures are correctly calculated, and prices are presented in a clear and useful format.

d. Past performance will be reviewed as part of a responsibility determination by the Contracting Officer, but will not impact the technical evaluation. If overall past performance is found to be unacceptable, this may be cause for the offeror's proposal to be excluded from further evaluation. However, a prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history

e. Options. The Government will evaluate offers for award purposes by adding the total price for the option years to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option year prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

f. 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.

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