Solicitation_M67861-18-Q-0066.pdf
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- M67861-18-Q-0066
- Issued by
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United States Marine Corps
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SEE ADDENDUM
(No Collect Calls)
M6786118Q0066 30-Jul-2018
b. TELEPHONE NUMBER
504-697-8342
8. OFFER DUE DATE/LOCAL TIME
02:00 PM 06 Aug 2018
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
M678619. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
BRENLIE A. WILSON
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
M2638118RC00221
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
MARFORRES REGIONAL CONTRACTING OFFICE
MARCORSPTFAC
2000 OPELOUSAS AVE
NEW ORLEANS LA 70114
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE M26381 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
MARINE FORCES RESERVE- G6
CAPDEPON, NATHANIEL P
2000 OPELOUSAS AVE
ROOM 2W2300
NEW ORLEANS LA 70114
TEL: (504) 697-9881 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,250
NAICS:
334210
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF58
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
M6786118Q0066
Section SF 1449 - CONTINUATION SHEET
INSTRUCTIONS TO OFFERORS
1 Solicitation: This is a Solicitation for commercial items under FAR subparts 12 and 13.5.
2 Brand Name or Equal Product: This is a Competitive Brand Name or Equal solicitation for a firm-fixed price contract for the purchase of Riverbed Refresh hardware, software licenses and support name brand or equal.
Descriptive literature/brochures and (proof software/hardware authorized to operate on USMC-N00027-NGEN-U Network) required with all quotes bidding equal. This agency will not be responsible for locating or obtaining any information not included on the face of the offer or a hardcopy attachment to the offer in a response to this solicitation.
This requirement is set-aside 100% for Small Business. The applicable NAICS is 334210 and the size standard is 1,250 employees. A waiver to the Non-Manufacture Rule applies.
Market research conducted via GSA e-Buy, the Small Business Dynamic Search (SBDS), the WWW revealed that although the items are available through GSA e-Buy, the items are only available via one ‘other than small business.’ There is a reasonable expectation of obtaining two or more offers from small business concerns via the open market.
FAR Part 19.502-2 (a) Each acquisition of supplies or services that has an anticipated dollar value exceeding the micro-purchase threshold but not exceeding the simplified acquisition threshold, is automatically reserved exclusively for small business concerns and shall be set aside for small business unless the contracting officer determines there is not a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of market prices, quality, and delivery.
Marine Forces Reserve Small Business Program Deputy Director concurs with this action.
All products shall be delivered to the Government Not Later Than 24 August 2018. The Government will configure and complete the installation. Support shall begin Not Later Than 28 September 2018. (The Government anticipates contract award Not Later Than 10 August 2018).
QUOTATION INSTRUCTIONS
8Quotations/bids/attachments should be submitted as a pdf document via email to Brenlie.Wilson@usmc.mil. Each email may not exceed 5MB in size due to server/network restrictions. Submit multiple emails if necessary to ensure timely receipt of your bid. Only pdf email attachments are authorized. Any other email attachment types will be rejected by this agency’s servers. All bids should include an overall total price in addition to individual pricing by contract line item (CLIN) 9All responsible sources may submit a quotation which, if received in a timely manner, should be considered by the agency.
10 Award will be made to the lowest-priced technically acceptable (LPTA) offer. See FAR 52.212-2 herein for technical evaluation procedures.
11 The Government will accept Open Market or GSA offers in response to this solicitation.
13 Method of Invoicing/Payment: Wide Area Workflow (WAWF) DFARS 252.232-7006 WAWF Instructions.
14 Any direct customer contact by Bidders is not authorized during the solicitation phase or your bid may be at risk of being eliminated from consideration for this solicitation.
15 NO PHONE CALLS will be accepted regarding this solicitation. ALL QUESTIONS should be sent in writing via email to Brenlie.Wilson@usmc.mil.
17 The Contracting Officer may review Past Performance Information Retrieval System (PPIRS) for responsibility determination purposes.
18 The Government reserves the right to make award solely on initial quotes received; award will be made on an all or none basis. All items shall be compatible in terms of form, fit and function.
19 Offerors bear the burden of ensuring that all portions of the offer (and any authorized amendments) reach the designated office before the deadline specified in the solicitation.
INSTRUCTIONS TO BE CONSIDERED RESPONSIVE TO THIS SOLICITATION
20 Bidders should include and comply with all remaining numbered instructions to Offerors:
21 CAGE code 22 DUNS number 23 Address 24 Point of contact 25 Delivery lead time after receipt of order for supplies and period of performance for services if different than listed in the solicitation document. List by line item if the delivery lead time differs from one line item to another. This should be visible on the face of the quote and not incorporated as a link or other attachment.
26 Prompt payment/discount terms (if offered). This will not be used to evaluate offers.
27 GSA Contract number and expiration date should be included, if applicable.
28 Manufacturer Part Number and Contractor Part Number (if different).
34 Software End User Licensing Agreements (EULA)/Warranty Support: All Government software contracts are required to include warranty provisions from authorized sellers/resellers of all commercial and non-commercial publisher software products. The Government will not accept any seller/reseller disclaimers of implied publisher standard commercial warranty or automatic renewals. As a minimum software warranties should cover the performance of all required product capabilities, free from defects/bugs, for all intended authorized users, process for reporting/fixing defects remedied at no charge to the Government, effective after Government tests of delivered software product(s), and include the seller/reseller's return policy and procedures.
35 End User Licensing Agreement: Bidders shall include End User Licensing Agreement (EULA)/ Warranty with all bids consistent with terms of the Federal Acquisition Regulation (FAR) clause 52.212-4, paragraph (u), Unauthorized Obligations, to be considered responsive to this solicitation. If any of these conditions are not included in the EULA/warranty provided by sellers/reseller in response to this solicitation, the Government shall not award until these terms have been incorporated and agreed.
45 Completion of provision 52.212-3 Alt I: Offerors should complete certifications and representations for paragraphs i, j, n, p, q, and r at FAR 52.212-3 Alt I herein, or indicate completion of paragraphs within SAM registration. For service acquisitions, offerors should also complete paragraphs k(1) and k(2) within their SAM registration. For information technology procurements, offerors should also complete DFARS 252.239-7009 and FAR 52.209-7 within their SAM registration.
46 Solicitation/Contract Line Item Numbers (CLIN) Structure – Potential bidders should submit bids in the same CLIN structure as outlined in the solicitation for bid evaluation purposes. However, an alternate line item structure can be submitted as an additional attachment consolidating like line items and pricing for award consideration.
48 System for Award Management (SAM.gov) – Potential bidders not currently registered at SAM.gov should register (including completion of certifications and representations) to be considered for award. Registration may take several days to be visible at SAM.gov, therefore, affected bidders should provide proof of registration/date with bid submittal. Contact SAM.gov website points of contact if you need assistance with registration.
SALIENT CHARACTERISTICS
Riverbed Steelhead Salient Characteristics (Brand Name or Equal)
Steelhead CX Appliance 770M and 5070H Gold Support
Shall provide new features, protocols, functionality, performance improvements, and bug fixes – at no additional cost as part of the support contract.
Shall provide 24x7x365 technical support via Web, phone, and email.
Shall provide access to a consistently updated knowledge base, with more than 10,000 searchable items covering the entire Riverbed product portfolio.
Shall provide access to Riverbed’s global logistics network to quickly resolve hardware issues.
Shall provide access to Riverbed’s support infrastructure, with repeatable and predictable customer service and support.
Shall provide Gold – Advance replacement parts that are processed prior to shipping cut-off time are shipped for a Next Business Day delivery.
Disc/Memory Support, xx70 Hardware Support/Maintenance:
Shall provide repair or replace defective hardware components, subject to certain exclusions such as if the component has been damaged, mishandled, mistreated, or maintained or stored outside the specifications and Riverbed instructions.
Model CX770M Specifications:
Shall have optimized TCP Connections & UDP Flows, SSL/TLS Connections - 2,500 Shall have optimized WAN Capacity - 20 Mbps Shall provide Network Services – WAN Capacity - 100 Mbps Shall provide Network Services – Flows - 16,000 Shall provide Network Services – Rules/Classes - 1,000 Shall have Data Store Capacity - 150 GB SSD Shall have Web Proxy Cache Capacity - 50 GB Shall have RAM - 4 GB Shall have included Bypass Ports, (Copper) - 4 Shall have a Max. # of Bypass Ports - 4 Shall be SteelHead SD Capable
License Steelhead CX770-M The CX770M license shall allow the owner to operate the hardware at a capacity of 20Mbps with 1500 connections.
Model CX5070H Specifications:
Shall have Profile 2U Shall have optimized TCP Connections & UDP Flows, SSL/TLS Connections – 180,000 Shall have optimized WAN Capacity - 2 Gbps Shall provide Network Services – WAN Capacity - Unrestricted Shall provide Network Services – Flows - 512,000 Shall provide Network Services – Rules/Classes - 4,000 Shall have Data Store Capacity - 4.8 TB SSD Shall have Web Proxy Cache Capacity - 400 GB Shall have Storage Fault Tolerance - RAID Shall have Hot Swappable Drives - 18 Shall have RAM - 128 GB Shall have Expansion Slots (PCI-e) - 4 Shall have Included Bypass Ports (Copper) - 4 Shall have Max. # of Bypass Ports - 20
SteelHead SD Capable – No License Steelhead CX5070-H
The CX 5070-H license shall allow the owner to operate the hardware at a capacity of 400Mbps with 30000 connections.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 6 Each
CXA-00770-B120
FFP
Steelhead-SD ready CXA 770 B120 with RiOS, BMC Module FOB: Destination
MILSTRIP: M2638118RC00221
PURCHASE REQUEST NUMBER: M2638118RC00221
NET AMT
0002 6 Each
LIC-CXA-770-M
FFP
License SteelHead CX 770-M, 20Mbps, 1500 conn
FOB: Destination
0003 6 Each
MNT-GLD-CXA- 00770
FFP
SteelHead CX Appliance 770 Gold Support - Base Year POP: 28 September 2018 - 27 September 2019 FOB: Destination
0004 6 Each
MNT-EHR-DT-CX
FFP
Disc/Memory Support-xx55 CX255/555/755/570/770 - Base Year POP: 28 September 2018 - 27 September 2019 FOB: Destination
0005 4 Each
CXA-05070-B010
FFP
Steelhead CXA 5070 B010 with RiOS FOB: Destination
0006 4 Each
LIC-CXA-05070-H
FFP
License Steelhead CXA 05070-H, 400Mbps, 30000 conn
FOB: Destination
0007 4 Each
MNT-GLD-CXA-05070
FFP
Steelhead CXA 5070 Gold Support - Base Year POP: 28 September 2018 - 27 September 2019 FOB: Destination
0008 4 Each
MNT-EHR-021
FFP
Disk/Memory Support, xx70 - Base Year POP: 28 September 2018 - 27 September 2019 FOB: Destination
1003 6 Each
OPTION MNT-GLD-CXA- 00770
FFP
SteelHead CX Appliance 770 Gold Support - Option Year 1 POP: 28 September 2019 - 27 September 2020 FOB: Destination
1004 6 Each
OPTION MNT-EHR-DT-CX
FFP
Disc/Memory Support-xx55 CX255/555/755/570/770 - Option Year 1 POP: 28 September 2019 - 27 September 2020
1007 4 Each
OPTION MNT-GLD-CXA-05070
FFP
Steelhead CXA 5070 Gold Support - Option Year 1 POP: 28 September 2019 - 27 September 2020
1008 4 Each
OPTION MNT-EHR-021
FFP
Disk/Memory Support, xx70 - Option Year 1 POP: 28 September 2019 - 27 September 2020
2003 6 Each
OPTION MNT-GLD-CXA- 00770
FFP
SteelHead CX Appliance 770 Gold Support - Option Year 2 POP: 28 September 2020 - 27 September 2021
2004 6 Each
OPTION MNT-EHR-DT-CX
FFP
Disc/Memory Support-xx55 CX255/555/755/570/770 - Option Year 2 POP: 28 September 2020 - 27 September 2021
2007 4 Each
OPTION MNT-GLD-CXA-05070
FFP
Steelhead CXA 5070 Gold Support - Option Year 2 POP: 28 September 2020 - 27 September 2021
2008 4 Each
OPTION MNT-EHR-021
FFP
Disk/Memory Support, xx70 - Option Year 2 POP: 28 September 2020 - 27 September 2021
3003 6 Each
OPTION MNT-GLD-CXA- 00770
FFP
SteelHead CX Appliance 770 Gold Support - Option Year 3 POP: 28 September 2021 - 27 September 2022
3004 6 Each
OPTION MNT-EHR-DT-CX
FFP
Disc/Memory Support-xx55 CX255/555/755/570/770 - Option Year 3 POP: 28 September 2021 - 27 September 2022
3007 4 Each
OPTION MNT-GLD-CXA-05070
FFP
Steelhead CXA 5070 Gold Support - Option Year 3 POP: 28 September 2021 - 27 September 2022
3008 4 Each
OPTION MNT-EHR-021
FFP
Disk/Memory Support, xx70 - Option Year 3 POP: 28 September 2021 - 27 September 2022
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 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1007 Destination Government Destination Government 1008 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2007 Destination Government Destination Government 2008 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3007 Destination Government Destination Government 3008 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 24-AUG-2018 6 MARINE FORCES RESERVE- G6
CAPDEPON, NATHANIEL P
2000 OPELOUSAS AVE
ROOM 2W2300
NEW ORLEANS LA 70114
(504) 697-9881
M26381
0002 24-AUG-2018 6 (SAME AS PREVIOUS LOCATION)
0003 28-SEP-2018 6 (SAME AS PREVIOUS LOCATION)
0004 28-SEP-2018 6 (SAME AS PREVIOUS LOCATION)
0005 24-AUG-2018 4 (SAME AS PREVIOUS LOCATION)
0006 24-AUG-2018 4 (SAME AS PREVIOUS LOCATION)
0007 28-SEP-2018 4 (SAME AS PREVIOUS LOCATION)
0008 28-SEP-2018 4 (SAME AS PREVIOUS LOCATION)
1003 28-SEP-2019 6 (SAME AS PREVIOUS LOCATION)
1004 28-SEP-2019 6 (SAME AS PREVIOUS LOCATION)
1007 28-SEP-2019 4 (SAME AS PREVIOUS LOCATION)
1008 28-SEP-2019 4 (SAME AS PREVIOUS LOCATION)
2003 28-SEP-2020 6 (SAME AS PREVIOUS LOCATION)
2004 28-SEP-2020 6 (SAME AS PREVIOUS LOCATION)
2007 28-SEP-2020 4 (SAME AS PREVIOUS LOCATION)
2008 28-SEP-2020 4 (SAME AS PREVIOUS LOCATION)
3003 28-SEP-2021 6 (SAME AS PREVIOUS LOCATION)
3004 28-SEP-2021 6 (SAME AS PREVIOUS LOCATION)
3007 28-SEP-2021 4 (SAME AS PREVIOUS LOCATION)
3008 28-SEP-2021 4 (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017 52.211-6 Brand Name or Equal AUG 1999 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations
MAR 2018
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 252.239-7010 Cloud Computing Services OCT 2016 252.239-7017 Notice of Supply Chain Risk NOV 2013 252.239-7018 Supply Chain Risk OCT 2015 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)
(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 database via https://www.acquisition.gov (see 52.204-7).
(End of provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Offers will be ranked lowest to highest according to price. The lowest price offer will be forwarded to the requiring activity for technical evaluation (offer will be deemed either technically acceptable or technically unacceptable). If the lowest price offer is found technically acceptable and its price is determined fair and reasonable by the Contracting Officer, evaluation will be deemed complete and award will be made based on the lowest price offer. If the lowest price offer is determined technically unacceptable, the next lowest price offer will be sent for technical evaluation and price analysis. This process is repeated in order of price until an offer is deemed technically acceptable and price is determined fair and reasonable. The actual evaluation template is incorporated into this solicitation for reference.
TECHNICAL EVALUATION WORKSHEET FOR LOWEST PRICE TECHNICALLY
ACCEPTABILITY DETERMINATION
PR NOMENCLATURE: Riverbed Refresh
PR #: M26381-18-RC-
00221
Solicitation #:
M67861-18-Q-
TECHNICAL ACCEPTABILITY SECTION 1: TBD
Salient Characteristics or SOW/PWS Tasks Technically Acceptable
Not Technically Acceptable
Explain in Detail Why Not
Technically Acceptable
Steelhead CX Appliance 770M and 5070H Gold Support
Shall provide new features, protocols, functionality, performance improvements, and bug fixes – at no additional cost as part of the support contract.
Shall provide 24x7x365 technical support via Web, phone, and email.
Shall provide access to a consistently updated knowledge base, with more than 10,000 searchable items covering the entire Riverbed product portfolio.
Shall provide access to Riverbed’s global logistics network to quickly resolve hardware issues.
Shall provide access to Riverbed’s support infrastructure, with repeatable and predictable customer service and support.
Shall provide Gold – Advance replacement parts that are processed prior to shipping cut-off time are shipped for a Next Business Day delivery.
Disc/Memory Support, xx70
Shall provide repair or replace defective hardware components, subject to certain exclusions such as if the component has been damaged, mishandled, mistreated, or maintained or stored outside the specifications and Riverbed instructions.
Model CX770M Specifications:
Shall have optimized TCP Connections & UDP Flows, SSL/TLS Connections - 2,500
Shall have optimized WAN Capacity - 20 Mbps Shall provide Network Services – WAN Capacity - 100 Mbps
Shall provide Network Services – Flows - 16,000
Shall provide Network Services – Rules/Classes - 1,000
Shall have Data Store Capacity - 150 GB SSD
Shall have Web Proxy Cache Capacity - 50 GB Shall have RAM - 4 GB
Shall have included Bypass Ports, (Copper) - 4 Shall have a Max. # of Bypass Ports - 4 Shall be SteelHead SD Capable License Steelhead CX770-M
The CX770M license shall allow the owner to operate the hardware at a capacity of 20Mbps with 1500 connections.
Model CX5070H Specifications:
Shall have Profile 2U
Shall have optimized TCP Connections & UDP Flows, SSL/TLS Connections – 180,000
Shall have optimized WAN Capacity - 2 Gbps Shall provide Network Services – WAN Capacity - Unrestricted
Shall provide Network Services – Flows - 512,000
Shall provide Network Services – Rules/Classes - 4,000
Shall have Data Store Capacity - 4.8 TB SSD
Shall have Web Proxy Cache Capacity - 400 GB
Shall have Storage Fault Tolerance - RAID Shall have Hot Swappable Drives - 18 Shall have RAM - 128 GB Shall have Expansion Slots (PCI-e) - 4
Shall have Included Bypass Ports (Copper) - 4 Shall have Max. # of Bypass Ports - 20 SteelHead SD Capable – No License Steelhead CX5070-H
The CX 5070-H license shall allow the owner to operate the hardware at a capacity of 400Mbps with 30000 connections.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)
ALTERNATE I (OCT 2014)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision--
“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. 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.
“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” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“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.
“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 the 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.
(b)
(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”
(2) Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements— Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
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