75P00119Q00433-_Sectara_Phones_Combined_Synopsis_Solicitation_(2019-09-25).pdf

Solicitation # 75P00119Q00433 Sectera vIPER Universal Secure Phones

Combined Synopsis/Solicitation 75P00119Q00433

SECTION A – Streamlined Solicitation for Commercial Items

(i) This is a combined synopsis/solicitation for the acquisition of commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this announcement. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) Solicitation Number: 75P00119Q00433 This solicitation is issued as a request for quotation (RFQ).

(iii) This solicitation document and incorporated provisions and clauses are in effect through Federal Acquisition Circular (FAC) 2019-01, Effective 22 Jan 2019.

(iv) Contracting Officer's Business Size Selection: No Set-aside NAICS Code: 334220– Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing Small Business Size Standard: 1,250 Number of Employees

(v) Description of item(s) to be acquired:

This requirement is issued by the Department of Health and Human Services (HHS), Office of National Security (ONS) to purchase Sectera vIPER Universal Secure Phones.

(vi) Delivery Dates:

120 days after Receipt of Order

(vii) The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition with no addenda.

(viii) 52.212-2: Evaluation -- Commercial Items, applies to this acquisition and is contained in Section I.

(ix) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer.

(x) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition with no addenda.

(xi) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, applies to this acquisition and is contained in Section I.

Solicitation # 75P00119Q00433 Sectera vIPER Universal Secure Phones

(xii) Proposal Submission Information:

Offers are due no later than 27 September 2019 at 9:00am EST. Quote shall be sent via email to Saundra.Kpadeh@psc.hhs.gov.

(xiii) For additional information regarding the solicitation contact Saundra.Kpadeh@psc.hhs.gov.

Notice to Offerors:

The Government intends to award a single Firm Fixed Price contract. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred in the preparation of their quote.

RFQ: 75P00119Q00433 Sectera vIPER Universal Secure Phones

SECTION 1 - Supplies or Services and Prices/Costs

1.1 BRIEF DESCRIPTION OF SERVICES/SUPPLIES

This requirement is issued by the Department of Health and Human Services (DHHS), Office of National Security (ONS) to purchase Sectera vIPER Universal Secure Phones..

1.2 CONTRACT TYPE

Contract type shall be: firm fixed-priced.

1.3 PRICING

The Contractor will be reimbursed in accordance with the pricing section for satisfactory performance of the work.

Item Part Number Description Qty Unit Price Total Price 1 VIPF1000-XAMDM US National Sectera vIPer Universal

Secure Phone Fiber Capable Upgrade (with PSTN Connect)

2 VIPUPDC01 SW Update Cable for SWT, vIPER 2

Total

SECTION 2 - Description/Specifications

TITLE: Sectera vIPER phones

2.1 PROGRAM DESCRIPTION AND BACKGROUND

Purpose

This requirement is issued by the Department of Health and Human Services (DHHS), Office of National Security (ONS) to purchase Sectera vIPER phones.

2.2 SCOPE

The Contractor shall furnish all of the necessary supplies, and otherwise do all the things necessary for or incident to the delivery of the items indicated in section B.

SECTION 3 - Packaging and Marking

All deliverables shall be delivered to the Contracting Officer’s Representative (COR) identified in Section G and shall be marked as follows:

1. Name and address of the Contractor;

2. Contract Number

3. Description of item contained therein; and

4. Consignee's name and address.

SECTION 4 - Inspection and Acceptance

4.1 INSPECTION AND ACCEPTANCE

Pursuant to FAR clause 52.212-4, all work performed is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Contracting Officer’s Representative (COR), who is responsible for inspection and acceptance of all supplies to be provided by the Contractor.

SECTION 5 - Deliveries or Performance

5.1 Delivery Schedule

The delivery schedule is 120 calendar days after receipt of order.

5.2 DELIVERY REQUIREMENTS

Pickup and delivery of items shall be accomplished between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday unless changed by mutual agreement between the COR and the contractor. No deliveries shall be made on Saturdays, Sundays, and days of government closure or Federal legal holidays found at: http://www.opm.gov/operating_status_schedules.

The contractor shall be responsible for securely shipping its products to the Government and shall bill the Government (i.e., the operating and staff division that placed the order) only for the actual shipping costs, not an amount based on the number of cards in a package or any other cost-calculation method. The contractor shall not add "handling" to the shipping costs or otherwise submit handling costs to the Government for payment. The contractor shall make the following three shipping options available to the Government: standard shipping; two-day shipping; and overnight shipping. Generally, the contractor shall use the least expensive shipping given the circumstances. The contractor shall employ mail tracking when it sends products pursuant to this agreement. The contractor shall provide to the ordering operating and staff division documentary verification of shipments to particular locations/officials.

Delivery Penalty

Contactor will access invoice reductions based on the below actions. The Contracting Officer can negotiate the delivery penalties.

Action Penalty Late Delivery 5% for every 7 calendar days from the delivery date

SECTION 6 - Contract Administration Data

6.1 AUTHORITIES OF GOVERNMENT PERSONNEL

Notwithstanding the Contractor's responsibility for total management during performance, the administration of this contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government's points of contact:

Contracting Officer

Name:

Address:

Phone:

Email:

All communications pertaining to contractual and/or administrative matters under this contract shall be sent to:

Contracting Specialist

Name:

Address:

Phone:

Email:

Contracting Officer’s Representative

Name:

Address:

Phone:

Email:

Note: The Contracting Officer is the only individual authorized to modify the contract.

6.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUTHORITY

(a) Performance of work under this contract must be subject to the technical direction of the Contracting Officer's Representative identified above, or a representative designated in writing.

The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(b) Technical direction must be within the scope of the specification(s)/work statement.

The Contracting Officer's Representative does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the specification(s)/statement of work;

(2) Constitutes a change as defined in the clause entitled "Changes";

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

(c) Technical direction may be oral or in writing. The Contracting Officer's Representative shall confirm oral direction in writing within five work days, with a copy to the Contracting Officer.

(d) The contractor shall proceed promptly with performance resulting from the technical direction issued by the Contracting Officers, Representative. If, in the opinion of the contractor, any direction of the Contracting Officers, Representative, or his/her designee, falls within the limitations in (b), above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(e) Failure of the contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes."

6.3 INVOICES - COMMERCIAL

(1) Invoice Submission

The Contractor shall submit a separate invoice for each task order. Invoices may be submitted once per month.

A proper invoice, with all required back-up documentation shall be sent electronically, via email, to the COR mailbox:

Contracting Officer's Representative (COR): TBD

A proper invoice, not including non-invoice related documents (i.e. deliverables, reports, balance statements) shall be sent electronically, via email, to:

1. Contract Specialist via mailbox: pscsas.invoices@psc.hhs.gov

2. Financial Management Service (FMS) via mailbox: psc_invoices@psc.hhs.gov

The subject line of your email invoice submission shall contain the contract number, order number (if applicable), and the number of invoices. The Contractor shall send one email per contract per month. The email may have multiple invoices for the contract. Invoices must be in the following formats: PDF, TIFF, or Word. No Excel formats will be accepted. The electronic file cannot contain multiple invoices; example, 10 invoices requires 10 separate files (PDF or TIFF or Word).

Invoices shall be submitted in accordance with the contract terms, i.e. payment schedule, progress payments, partial payments, deliverables, etc.

All calls concerning contract payment shall be directed to the COR.

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(2) Invoice Elements

In accordance with FAR 52.212-4, Contract Terms and Conditions-Commercial Items, the Contractor shall submit an electronic invoice to the email addresses designated in the contract to receive invoices. A proper invoice must include the following items:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice.

(B) In accordance with the requirements of the Debt Collection Improvement Act of 1996, all payments under this order will be made by electronic funds transfer (EFT). The Contractor shall provide financial institution information to the Finance Office designated above in accordance with FAR 52.232-33 Payment by Electronic Funds Transfer - System for Award Management.

Additionally, the Program Support Center (PSC) requires:

(i) the invoice to break-out price/cost by contract line item number (CLIN) as specified in the pricing section of the contract

(ii) the invoice to include the Dun & Bradstreet Number (DUNS) of the Contractor

SECTION 7 - Special Contract Requirements

7.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/

SECTION 8 - Contract Clauses

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) AND HEALTH

AND HUMAN SERVICES ACQUISITION REGULATION CONTRACT CLAUSES

8.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/ and http://www.hhs.gov/hhsar/

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES

FAR Clause Number Title & Date 52.204-7 System for Award Management (OCT 2018) 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards (OCT 2018)

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)

52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)

52.222-50 Combating Trafficking in Persons (JAN 2019) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging

While Drive (AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran – Representations And Certifications (AUG 2018)

52.232-1 Payments (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors (DEC 2013)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.246-4 Inspection of Services – Fixed Price (Aug 1996) -

HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48

CFR CHAPTER 3) CLAUSES

HHSAR

Clause Number

Title & Date

352.231-70 Salary Rate Limitation (DEC 2015)

8.2 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS

(DEVIATION)(FIXED PRICE)

Paragraph (r) of the clause is changed to read as follows:

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U .S.C. 2409 relating to whistleblower protections; 49 U .S .C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

8.3 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Health and Human Services Acquisition Regulations (48 CFR Chapter 3) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

SECTION 9 - Instructions, Conditions, and Notices to Offerors or Respondents

9.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB

1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/ and http://www.hhs.gov/hhsar/

9.2 TYPE OF AWARD

The Government contemplates award of a single award resulting from this solicitation.

Quoters are instructed specifically to contact only the issuing contract office in connection with any aspect of this requirement prior to contract award. The Government does not intend to extend the due date for quotes.

The quote must be submitted no later than September 27, 2019 at 9:00 am Eastern Time. Late quotes will not be accepted. Quotes (Business volume only) must be submitted to the Contract Specialist’s email address: Saundra.Kpadeh@psc.hhs.gov.

9.3 GENERAL INSTRUCTIONS

The following instructions establish the acceptable minimum requirements for the format and content of your quote. The Contracting Officer is the only individual authorized to legally commit the Government to the expenditure of public funds in connection with this requirement.

By submitting a quote in response to this solicitation, it is understood that your quote shall become a part of the official contract file.

9.4 BUSINESS VOLUME INSTRUCTIONS

The Business Volume shall contain the following information:

9.4.1 Offerors must complete and include signed Standard Form (SF)18. Your business volume must stipulate that it is predicated upon all the terms and conditions of this solicitation and be signed by an official authorized to bind your organization. In addition, it must contain a statement to the effect that it is firm for a period of at least 120 days from the date of receipt thereof by the Government.

9.4.2 Pricing Instructions

Quoters shall include a completed copy of Section B of the solicitation in its business volume

9.5 BASIS FOR AWARD

A single award will be made to the Quoter whose quote is the lowest price technically acceptable

(LPTA).