Solicitation_no._SB1341-15-RQ-0682.pdf

CLASSIFICATION CODE: D – Automatic Data Processing and Telecommunication

TITLE: - Installation of New Dark Fiber Tail, Activation and 1 gigabit Ethernet Retransmission

Service

SOLICITATION NUMBER: SB1341-15-RQ-0682

RESPONSE DATE: September 4, 2015, 12:00pm Eastern Time

CONTACT POINTS: Richard Kim, Contract Specialist, (301) 975-6219

Keith Bubar, Contracting Officer, (301) 975-8329

DESCRIPTION:

The National Institute of Standards and Technology (NIST) has a requirement for the installation and termination of (36) strands of single mode dark fiber, activation and testing of (2) of the strands of fiber and a lease to provide (36) months of 1 gigabit Ethernet retransmission service along a southern route . The purpose of the fiber is to establish a second circuit for redundancy to the Equinix Cloud Exchange Servers for NIST’s contract with Amazon Web Services.

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL

ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-

STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION

FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION

INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY

SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A SEPARATE

WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THIS SOLICITATION

IS BEING ISSUED USING SIMPLIFIED ACQUISITION PROCEDURES UNDER THE

AUTHORITY OF FAR 13.5 TEST PROGRAM FOR COMMERCIAL ITEMS.

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-83, effective August 3, 2015.

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing, electronically, to

Richard.kim@nist.gov. Questions must be received no later than 07 calendar days after the issuance date of this solicitation. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of Provision)

The associated North American Industrial Classification System (NAICS) code for this procurement is 517110, Wired Telecommunications Carriers, with a small business size standard of 1,500 employees.

This acquisition is 100% set-aside for small business.

All offerors shall provide a firm-fixed price quotation for the following:

Line Item 0001: Installation of New Dark Fiber Tail, Activation and 1 gigabit Ethernet

Retransmission Service

The contractor shall provide all labor, equipment, and materials for the Installation of New Dark

Fiber Tail, Activation and 1 gigabit Ethernet Retransmission Service in accordance with all applicable federal, state, and local laws and regulations, and the attached Statement of Work below.

Statement of Work

Specification for NIST Gaithersburg

Installation of New Dark Fiber Tail, Activation and 1 gigabit Ethernet Retransmission Service

Network Wiring Installation

I. Background

The Mission of the National Institute of Standards and Technology (NIST)/Office of

Information Systems Management (OISM)/ IT Security and Networking Division includes:

managing all aspects of the NIST IT network and services in support of NIST programs;

monitors security, performance, and workload of the network infrastructure to ensure maximum effective use of installed systems; tracks emerging network technology to ensure that new technology and services are introduced that are the best possible match to NIST requirements;

responsible for evolutionary design, planning, and implementation of network technologies;

manages all aspects of the day-to-day operation and maintenance of the network infrastructure.

II. Summary

The scope of this project is for the installation and termination of (36) strands of single mode dark fiber, activation and testing of (2) of the strands of fiber and a lease to provide (36) months of 1 gigabit Ethernet retransmission service along a southern route for the NIST

Gaithersburg, MD campus. The purpose of the fiber is to establish a second circuit for redundancy to the Equinix Cloud Exchange Servers for NIST’s contract with Amazon Web

Services.

III. Specific Tasks

The contractor shall perform the following tasks:

1. Installation of a second dark fiber service entry to the NIST campus.

Service entry shall consist of a (36) strand of single mode dark fiber cable entering the NIST grounds via Gate D (Quince Orchard Blvd.) and terminating in building 215/C08.

Service entry pathway shall transition from Outside Plant (OSP) to Inside

Plant (ISP) at building 221 signal closet.

2. Termination shall be 19” rack-mount in building 215 data center room C08.

3. Terminate 36 strands of fiber with LC connectors on contractor provided fiber shelf.

4. NIST also requires a point-to-point single mode dark fiber pair connection from the NIST Gaithersburg, MD campus to Equinix in Ashburn, VA.

5. The dark fiber connection shall carry a 1 Gigabit Ethernet service.

6. The connection must take a path South of the NIST Gaithersburg, MD campus and cross at or south of the American Legion Bridge.

7. Upon completion of installation and testing of the circuit, provide an operational single mode dark fiber pair link between NIST and Equinix to support a 1 Gigabit

Ethernet service along the southern route as stated above for a 3 year lease.

The Contractor shall provide:

o All materials to complete the point-to-point dark fiber pair between NIST

215/C08 and Equinix data center in Ashburn VA.

o Any retransmission equipment necessary to provide 1 gigabit Ethernet circuit.

Work in the building 215 data center shall be performed during normal business hours, 6:00am-6:30pm M-F.

IV. Government-Furnished Property

NIST will provide:

o Escort will be provided into the NIST data center.

o 19” rack in NIST data center.

o An innerduct pathway from NIST Gate D on Quince Orchard Blvd to the building

221 signal closet via the NIST manhole system.

o An innerduct pathway from the building 221 signal closet to the building 215 data center room C08 via inside hallway ceilings.

V. Period of Performance

The Period of performance for installation shall be from the date of award through six months from the date of award.

The Period of performance for the contractor-provided lease is for 3 years from the date that installation and testing of the circuit is completed.

VI. Project Deliverables and Due Dates

1. Installation schedule due within (10) business days of award.

2. Installation of new service, including testing and acceptance, due within (6) months of date of award

3. Contractor shall provide testing documentation to show operational single mode dark fiber pair link to support 1 Gigabit Ethernet retransmission.

4. 24/7 network support with a 4-hour response to emergency restoration throughout the 3 year lease period.

VII. Invoicing o Partial payments allowed.

o Invoicing at completion of activation installation and testing of the (2) strands o Monthly invoicing for lease fee for providing operational 1 Gigabit Ethernet

Retransmission service between NIST and Equinix.

VIII. Risk Levels

The work to be performed under this contract is designated as Low Risk

PROVISIONS AND CLAUSES:

The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR clauses may be viewed at http://farsite.hill.af.mil/vffar.htm.

All CAR clauses may be viewed at http://www.ecfr.gov/cgi-bin/text-idx?SID=75e8c121d3cea61316aa2b0ec00f2b2a&mc=true&tpl=/ecfrbrowse/Title48/48cfr1352_ main_02.tpl.

Provisions

52.212-1, Instructions to Offerors-Commercial Items

52.212-3 Offeror Representations and Certifications-Commercial Items

Offerors shall complete annual representations and certifications on-line at http://orca.bpn.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items.

If paragraph (j) of the provision is applicable, a written submission is required.

Clauses

52.212-4 Contract Terms and Conditions—Commercial Items

1352.201-70 Contracting Officer’s Authority

1352.209-73 Compliance with The Laws

1352.209-74 Organizational Conflict of Interest

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—

Commercial Items (APR 2010)-- including subparagraphs:

http://acquisition.gov/comp/far/index.html http://www.ecfr.gov/cgi-bin/text-idx?SID=75e8c121d3cea61316aa2b0ec00f2b2a&mc=true&tpl=/ecfrbrowse/Title48/48cfr1352_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=75e8c121d3cea61316aa2b0ec00f2b2a&mc=true&tpl=/ecfrbrowse/Title48/48cfr1352_main_02.tpl http://www.ecfr.gov/cgi-bin/text-idx?SID=75e8c121d3cea61316aa2b0ec00f2b2a&mc=true&tpl=/ecfrbrowse/Title48/48cfr1352_main_02.tpl

52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards

52.209-6, Protecting the Government’s Interest when subcontracting with

Contractor’s Debarred, Suspended or proposed for Debarment

52.219-6, Notice of Total Small Business Set-Aside

52.219-28, Post Award Small Business Program Representation 52.222-3, Convict Labor

52.222-19, Child Labor – Cooperation with Authorities and Remedies 52.222-21, Prohibition of Segregated Facilities

52.222-26, Equal Opportunity

52.222-35, Equal Opportunity for Veterans

52.222-37, Employment Reports on Veterans

52.222-50, Combating Trafficking in Persons

52.223-18, Encouraging Contractor Policies to Ban Text Messaging while

Driving

52.225-13, Restriction on Certain Foreign Purchases;

52.232-33, Payment by Electronic Funds Transfer-System for Award

Management

INSTRUCTIONS:

System For Award Management

In accordance with FAR 52.204-7, the awardee must be registered in the System for Award

Management (www.sam.gov) prior to award. Refusal to register shall forfeit award.

Due Date for Quotations

Offerors shall submit their quotations so that NIST receives them not later than 12:00 p.m.

Eastern Time on September 4, 2015. FAX and hard-copy quotations shall not be accepted.

E-mail quotations shall be accepted at Richard.kim@nist.gov. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered into the e-mail address inbox set forth above.

Addendum to FAR 52.212-1, Quotation Preparation Instructions

1) Price Quotation: The offeror shall propose a firm-fixed-price for each CLIN. Price quotations shall remain valid for a period of 30 days from the date quotations are due.

2) Technical Quotation: The technical quotation shall address the following:

The offeror shall submit a detailed technical and management approach for satisfying the SOW requirements, including its implementation plans and processes, and any innovative approaches.

The technical approach shall address the following:

a) Performance and management of individual tasks required by the SOW;

b) Compliance with the requirements and schedule of the SOW;

c) The quotation must include the following specific pieces of information regarding the

Offeror’s approach to performing the SOW tasks:

http://www.sam.gov/

1. A demonstration of the Offeror’s understanding of the requirement pertaining to the number of terminations requested by the SOW;

2. A description of the cable type the Offeror will install;

3. A description of the locations of terminations the Offeror will perform;

4. A description of the route the fiber will take between NIST and Equinix;

5. A description of the speed of the service proposed by the Offeror; and

6. A description of the term of the lease proposed by the Offeror.

Acceptance of Terms and Conditions: This is a solicitation for the items as defined herein.

The Government intends to award a Purchase Order as a result of this solicitation that will include the clauses set forth herein. The quotation should include one of the following statements:

“The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.”

OR

“The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:

Offeror shall list exception(s) and rationale for the exception(s)

Payment Schedule: The quotation shall include a firm-fixed payment schedule that details the total firm-fixed price per billing period for the entire period of performance of this requirement.

QUOTATION EVALUATION:

Evaluation Factors

Basis for Award and Evaluation Criteria: Lowest Price Technically Acceptable. This requirement will be awarded to the offeror who provides a technically acceptable quotation at the lowest price. Price shall not be evaluated on quotes that are determined technically unacceptable under the Technical Capability Evaluation factor.

Technical Capability: Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed product meets all minimum requirements. Quotations that do not demonstrate the proposed product meets all requirements will not be considered further for award. In order for a quotation to be deemed technically acceptable, the quotation must successfully demonstrate the following:

a) The quotation and its Technical Approach must include a statement demonstrating the

Offeror’s understanding of all of the tasks and deliverables detailed in the SOW;

b) The quotation and its Technical Approach must include confirmation that the schedule required by the SOW will be complied with;

c) The quotation must include the following specific pieces of information regarding the

Offeror’s approach to performing the SOW tasks:

1) A demonstration of the Offeror’s understanding of the requirement pertaining to the number of terminations that correctly details the number of terminations the

Offeror will perform based on the SOW;

2) A description of the cable type the Offeror will install that correctly matches the type of cable required by the SOW;

3) A description of the locations of terminations the Offeror will perform that correctly satisfies the termination requirements of the SOW;

4) A description of the route the fiber will take between NIST and Equinix that demonstrates compliance with the SOW requirements;

5) A description of the speed of the service proposed by the Offeror that demonstrates that the minimum speed 1 gigabit Ethernet will be met by the

Offeror; and

6) A description of the term of the lease proposed by the Offeror that demonstrates compliance with the SOW lease requirements.

Price: The Government will evaluate price for reasonableness.

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

Confidentiality Agreements (DEVIATION 2015-02)

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

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

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to

Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and further

Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated

(or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

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

(End of clause)

1352.201-72 Contracting Officer's Representative (COR) (APR 2010)

(a) [To Be Determined] is hereby designated as the Contracting Officer's Representative (COR).

The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

[To Be Determined]

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting

Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

1352.233-70 AGENCY PROTESTS (APR 2010)

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg.

16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: KEITH BUBAR, CONTRACTING OFFICER

100 Bureau Drive, MS 1640

Gaithersburg, MD 20899

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640

(d) A complete copy of all agency protests, including all attachments, shall be served upon the

Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce

Office of the General Counsel

Chief, Contract Law Division

Room 5893

Herbert C. Hoover Building

14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

(End of Clause)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of

Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce

Office of the General Counsel

Chief, Contract Law Division

Room 5893

Herbert C. Hoover Building

14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

1352.246-70 Place of Acceptance (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and/or services to be provided under this contract.

(b) The place of acceptance will be:

National Institute of Standards and Technology

100 Bureau Dr.

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

Confidentiality Agreements—Representation (DEVIATION 2015-02)

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

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

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

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

(End of provision)

Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony

Conviction Under Any Federal Law (Class Deviation) (March 2015)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and

Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that-

(a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or

(b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) The Offeror represents that, as of the date of this offer -

(a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a

Federal law within the preceding 24 months.

(b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of provision)

Assurance by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony

Conviction Under Any Federal Law (Class Deviation) (March 2015)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by Consolidated and Further Continuing Appropriations Act, 2015 and subsequent appropriations acts may be used to enter into a contract with any corporation that -

(a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the

Government, or

(b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the

Government.

(2) By accepting this award or order, in writing or by performance, the offeror/contractor assures that -

(a) The offeror/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(b) The offeror/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

CERTIFICATION BY OFFERORS REGARDING FEDERAL INCOME TAX FILING AND

FEDERAL INCOME TAX VIOLATIONS. (Class Deviation) (March 2015)

(a) In accordance with Section 523 of Division B, Consolidated and Further Continuing

Appropriations Act, 2015, (Pub. L. 113-235) none of the funds made available by the Act may be used to enter into a contract in an amount greater than $5,000,000 unless the prospective contractor certifies in writing to the U.S. Consolidated and Further Continuing that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than

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

(b) The offeror’s proposal shall include a signed written certification as follows –

To the best of my knowledge and belief, ---(name of offeror)--- has filed the Federal tax returns required during the three years preceding this certification, has not been convicted of a criminal offense under the

Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal

Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

Firm _____________________________________________

Signature _________________________________________

Name ____________________________________________

Title _____________________________________________

Date of execution __________________________________