Info Blox RFQ 06.09.2023.pdf

N4215823Q0029

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Part 12, Acquisition of Commercial Items, using Simplified Acquisition Procedures under the test program for commercial items found at FAR 13.5, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation shall be posted on The Official U.S. Government System for Contract Opportunities at SAM.gov. The Request for Quotations (RFQ) number is N4215823Q0029. This solicitation documents and incorporates provisions and clauses in effect through FAC 2023-01 and DFARS Change 30 December 2022. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses:

https://www.acquisition.gov/browse/index/far and http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html. The NAICS Code is 513210- Software Publishers and the size standard is 1250 employees. The Product Service Code is 7A21 (IT and Telecom). This acquisition is a total Small Business Set-Aside.

Naval Sea Systems Command (NAVSEA), Norfolk Naval Shipyard (NNSY) intends to award a Firm Fixed Price (FFP) Single Award Contract, for software license reinstatement and renewal, to provide critical data for the carriers and submarines undergoing repairs at each of the four naval shipyards.

The period of performance for this acquisition is anticipated to begin 12 July 2023 through 11 July 2024. The solicitation, any documents related to this procurement, and all amendments issued will be in electronic form. The solicitation is available and posted to this site with a close date of 16 June 2023 at 10:00AM EST (Eastern Standard Time).

Solicitation N4215823Q0029 and subsequent amendments will be posted to this website (SAM.gov). Prospective Offeror’s are responsible for downloading their own copy of the solicitation and for frequently monitoring the SAMs website for solicitation amendments. The Government is not responsible for inability of the Offeror’s to access solicitation documents posted. Prospective Offeror’s should also register at SAM on the interested vendor list under N42158123Q0029. No telephone or Fax request will be accepted, and no hard copy solicitation/amendment will be mailed or faxed. Offeror’s must also be registered in the System for Award Management in order to participate in this procurement at http://www.sam.gov.

All responsible sources may submit a proposal which shall be considered by the Government. By submitting a proposal, the offeror will be self-certifying that neither the principal corporate officials nor owners are currently suspended, debarred, or otherwise ineligible to receive contracts from any federal agency. Failure to do so may represent grounds for refusing to accept the proposal. By submission of a proposal, the offeror acknowledges the requirement that a prospective awardee must be registered in the System for Award Management (SAM) database will make an offeror ineligible for award, during performance, and through final payment of any contract resulting from the solicitation, except for awards to foreign vendors for work to be performed outside the United States. Offerors may obtain information on registration and annual confirmation requirements by calling 1-866-606-8220, or via the internet at https://www.sam.gov. All questions shall be submitted in accordance with the solicitation, dates and procedures.

RFQ closes and responses to this RFQ are due on or before Friday, 16 June 2023 at 10:00 AM EST. Send Quotes and Questions directly to EMAIL Addresses at rebekah.r.riggins.civ@us.navy.mil.

STATEMENT OF WORK

InfoBlox Trinzic-805/825- Maintenance Renewal

1. SCOPE: Norfolk Naval Shipyard, C109.12 Sever & Storage Administration, requires purchase of maintenance renewal of Infoblox Trinzic 805/825. Without the maintenance renewal, an IA vulnerability threat to the NNSY network will occur and impacts the network Information Assurance Approval to Operate (IATO) certification.

2. APPLICABLE DOCUMENTS: Department of Defense Instruction (DoDI) 8500.2 provides Information Assurance compliance control numbers for hardware and software within an approved network.

3. REQUIREMENTS: InfoBlox Master Supplier or authorized partner supplier will provide hardware and software maintenance for the Trinzic 805/825 devices and software licenses. The following items are needed:

a. Infoblox Premium Maintenance-Enterprise for TE-805-HW-AC-S per year

Qty. 2 each Vendor Part Number: 4-TE-805-HW-AC-S

b. Infoblox Premium Maintenance-Enterprise for TE-805-HW-AC-S per year Qty. 1 each Vendor Part Number: 4-TE-805-HW-AC-S

c. Trinzic 825 Software Package Subscription, DDI with Infoblox Premium Maintenance-Enterprise per year, for less than 3 years QTY. 2 each Vendor Part Number: TE-825-SWBSUB-NS1-4

d. Trinzic Reporting and Analytics Subscription License, 1 License per Grid, requires Reporting and Analytics HW and Grid Software or Activation Software Package with Infoblox Premium Maintenance- Enterprise 1GB Indexing capacity/day, per year, for less than Qty. 1 each Vendor Part Number: TR-SWTL-1GB-4

e. Trinzic 825 Software Package Subscription, DDI with Infoblox Premium Maintenance-Enterprise per year, for less than 3 years Qty. 1 each Vendor Part Number: TE-825-SWBSUB-NS1-4

f. TR-5005 Reporting & Analytics Software Bundle, activation, requires Infoblox Reporting and Analytics Subscription License per year, for less than 3 years Qty. 1 each Vendor Part Number: TR-SWBSUB-5005-ACTIVATION

g. Trinzic Software Module Subscription, Advanced DNS Protection with Infoblox Premium Maintenance- Enterprise for IB-SWTL-ADNS-TE-825 per year, for less than 3 years Qty. 2 each Vendor Part Number: IB-SWTL-ADNS-TE-825-4 Start Date: 2023-06-24 End Date: 2024-06-23

h. Trinzic Software Module Subscription, Grid with Infoblox Premium Maintenance-Enterprise for IBSWTL-GD-TE-825 per year, for less than 3 years Qty 2 each Vendor Part Number: IB-SWTL-GD-TE-825-4 Start Date: 2023-06-24 End Date: 2024-06-23

i. Trinzic Software Module Subscription, Grid with Infoblox Premium Maintenance-Enterprise for IBSWTL- GD-TE-825 per year, for less than 3 years Qty. 1 each Vendor Part Number: IB-SWTL-GD-TE-825-4 Start Date: 2023-06-24 End Date: 2024-06-23

4. PLACE OF PERFORMANCE: Norfolk Naval Shipyard C109.12 Computer Room 1 Building 9, Barron

Street Portsmouth, VA 23709.

5. EQUIPMENT: N/A Maintenance Only

6. RESPONSIBILITIES:

a. Vendor:

1. Provide service support phone number staffed during normal business hours (minimum coverage) 0800-1630 Eastern Time, M-F, exception holidays. Overtime not authorized except in authorized emergency situations.

2. Provide notification of software updates within 24-72 hours of release.

3. Respond to initial service call updates within 24-72 hours of release.

4. If on-site service personnel are provided, they must be U.S. citizens.

5. Provide return authorization (RMA) number and instructions for shipping.

b. Government:

1. Provide qualified personnel with equipment knowledge.

7. PERIOD OF PERFORMANCE: One year from date of award

8. TECHNICAL POC: TBD

9. INVOICE POC: TBD

10. SECURITY REQUIREMENTS: REQUIREMENTS FOR ACCESS TO NNSY

a. Commander, Navy Installations Command (CNIC), has established the Defense Biometric Identification System, (DBIDS), a standardized process for granting unescorted access privileges to vendors, contractors, suppliers and service providers not otherwise entitled to the issuance of a Common Access Card (CAC) who seek access to and can provide justification to enter Navy installations and facilities. Participation in the DBIDS is mandatory for entry into Norfolk Naval Shipyard for long-term contracts. For short-term visits, we can issue daily passes. Further information regarding DBIDS and short-term visits can be found at https://www.cnic.navy.mil/om/dbids.html.

b. A green security badge is required.

c. No access to any classified data is required or expected, Access to my secured area requires escort by

C109 personnel.

d. Visit request: Forward security request to C109 Representative: TBD

e. All camera cell phones will be left in motor vehicle. They are not allowed in buildings where field service representative will be working and inside the Controlled Industrial Area (CIA).

f. Approval from C1120 Security is required if photography is necessary for services. Vendor shall provide justification and follow C1120 Security guidance, if approved.

INSTRUCTIONS TO OFFEROR

In addition to FAR 52.212-1, “Instructions to Offerors – Commercial Items”, the following information shall be received by NAVSEA Service Contracts Division, Norfolk Naval Shipyard no later than the closing date of the Solicitation.

This requirement will be awarded using procedures under Federal Acquisition Regulations FAR Part 12 – Acquisition of Commercial Items and FAR Subpart 13, Simplified Acquisition Procedures.

Quotes are due on or before 06/16/2023 at 10:00AM Eastern. Quotations shall be emailed to Contract Specialist, Rebekah Riggins, rebekah.r.riggins.civ@us.navy.mil.

1. Proposal content and instructions when submitting a quote shall consist of:

a. Technical Acceptability

b. Price Submission

c. Acknowledgement of any amendments

- Technical Acceptability: Each Vendor shall provide proof/certification that they are in compliance with the required certifications and qualifications outlined within the Statement of Work (SOW) included within the solicitation. The information provided should be presented in such a manner as to enable the government to make a thorough and complete evaluation and arrive at a sound determination as to whether or not the service proposed and described will satisfy the requirements of the Government as stated in this request for quote. It is the contractor’s responsibility to ensure that their quotation clearly demonstrates their ability to perform these requirements. Failure to meet any technical requirement for an item (or specification) will make the quotation unacceptable for that item (or that specification).If an item (or specification) is technically unacceptable, its price will not be considered for award.

Technical acceptability will be defined as follows:

Technical Ratings Rating Description Acceptable Quote meets all of the requirements identified Unacceptable Quote does not meets all of the requirements identified

- Price Submission: The vendor’s proposed price will be evaluated on the basis of price reasonableness.

All prices must be considered fair and reasonable as determined by the Government. All quotes submitted in response to this solicitation shall stand firm for sixty (60) calendar days from the response date of this solicitation. The estimated amount for each line item will be added together to determine the total estimated price which will become the evaluation price. Signed copies may be submitted via electronic submittal at rebekah.r.riggins.civ@us.navy.mil.

- Acknowledgement of any amendments: Vendors shall submit one original signed copy of the completed

Standard Form (SF) 1449, and if applicable, executed copies of all Amendments, and executed Representations and Certifications.

2. Aditionally, each offeror must provide the following information with the quote:

1. The Request for Quotes (RFQ) number;

2. The Name, Address, Telephone Number, and Cage Code or Duns number of the offeror;

3. Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the RFQ. Proposals that reject the terms and conditions of the RFQ may be excluded from consideration;

4. Acknowledgment of Solicitation Amendments (SF-30), if any;

5. Completed FAR 52.212-3 Representations and Certifications unless otherwise completed in SAM;

6. Confirmation of the ability to meet the period of performance as contained herein;

7. Provide a technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. Technical Submission including but not limited to equipment specifications, manuals, and photographs.

Confirmation as an authorized reseller/ partner in good standing in the Infoblox Service Program will be required.

The completion and submission of the above items will constitute a quote and will be considered the vendor’s unconditional assent to the terms and conditions of this Solicitation and any attachments and/or exhibits. Failure to provide all of these documents by the required date and time may preclude a quotation from award consideration at the discretion of the Government.

Offerors may submit questions regarding clarification of solicitation requirement to Rebekah Riggins by email at rebekah.r.riggins.civ@us.navy.mil by 12 June 2023. ANY QUESTIONS RECEIVED AFTER THIS DATE

MAY NOT BE ANSWERED.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Each

4-TE-805-HW-AC-S

FFP

Infoblox Premium Maintenance-Enterprise for TE-805-HW-AC-S per year.

FOB: Destination

MILSTRIP: N4215823RC30583

PURCHASE REQUEST NUMBER: N4215823RC30583

PSC CD: 7A21

NET AMT

0002 1 Each

4-TE-805-HW-AC-S

FFP

Infoblox Premium Maintenance-Enterprise for TE-805-HW-AC-S- per year.

FOB: Destination

MILSTRIP: N4215823RC30583

0003 2 Each

TE-825-SWBSUB-NS1-4

FFP

Trinzic 825 Software Package Subscription, DDI with Infoblox Premium Maintenance-Enterprise per year, for less than 3 years.

FOB: Destination

MILSTRIP: N4215823RC30583

0004 1 Each

TR-SWTL-1GB-4

FFP

Trinzic Reporting and Analytics Subscription License, 1 License per Grid, requires Reporting and Analytics HW and Grid Software or Activation Software Package with Infoblox Premium Maintenance- Enterprise 1GB Indexing capacity/day, per year, for less than 3 years.

FOB: Destination

MILSTRIP: N4215823RC30583

0005 1 Each

TE-825-SWBSUB-NS1-4

FFP

Trinzic 825 Software Package Subscription, DDI with Infoblox Premium Maintenance-Enterprise per year, for less than 3 years.

FOB: Destination

MILSTRIP: N4215823RC30583

0006 1 Each

TR-SWBSUB-5005-ACTIVATION

FFP

TR-5005 Reporting & Analytics Software Bundle, activation, requires Infoblox Reporting and Analytics Subscription License per year, for less than 3 years.

FOB: Destination

MILSTRIP: N4215823RC30583

0007 2 Each

IB-SWTL-ADNS-TE-825-4

FFP

Trinzic Software Module Subscription, Advanced DNS Protection with Infoblox Premium Maintenance- Enterprise for IB-SWTL-ADNS-TE-825 per year, for less than 3 years.

FOB: Destination

MILSTRIP: N4215823RC30583

0008 2 Each

IB-SWTL-GD-TE-825-4

FFP

Trinzic Software Module Subscription, Grid with Infoblox Premium Maintenance- Enterprise for IBSWTL-GD-TE-825 per year, for less than 3 years.

FOB: Destination

MILSTRIP: N4215823RC30583

0009 1 Each

IB-SWTL-GD-TE-825-4

FFP

Trinzic Software Module Subscription, Grid with Infoblox Premium Maintenance- Enterprise for IBSWTL- GD-TE-825 per year, for less than 3 years FOB: Destination

MILSTRIP: N4215823RC30583

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 12-JUL-2023 2 NORFOLK NAVAL SHIPYARD

SEE TECHNICAL POINTS OF CONTACT

SEE STATEMENT OF WORK

PORTSMOUTH VA 23709-5000

FOB: Destination

N42158

0002 12-JUL-2023 1 (SAME AS PREVIOUS LOCATION)

0003 12-JUL-2023 2 (SAME AS PREVIOUS LOCATION)

0004 12-JUL-2023 1 (SAME AS PREVIOUS LOCATION)

0005 12-JUL-2023 1 (SAME AS PREVIOUS LOCATION)

0006 12-JUL-2023 1 (SAME AS PREVIOUS LOCATION)

0007 12-JUL-2023 2 (SAME AS PREVIOUS LOCATION)

0008 12-JUL-2023 2 (SAME AS PREVIOUS LOCATION)

0009 12-JUL-2023 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 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 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-6 Brand Name or Equal AUG 1999 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2022

52.229-11 Tax on Certain Foreign Procurements--Notice and Representation

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

MAR 2023

52.233-3 Protest After Award AUG 1996 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7023 Reporting Requirements for Contracted Services. JUL 2021 252.211-7003 Item Unique Identification and Valuation JAN 2023 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.244-7000 Subcontracts for Commercial Products or Commercial Services

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

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.

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(MAR 2023)

(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 that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 513210, if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. 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. 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 Federal Acquisition Regulation (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 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) 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 may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(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/).

(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 products, the make and model of the product 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"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.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002", means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern…