syn_sol.pdf

Request for Quotation Number SB1341-15-RQ-1055

Combined Synopsis/Solicitation

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

WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED.

This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83 effective August 5, 2015.

The associated North American Industrial Classification System (NAICS) code for this procurement is 511210

The small business size standard is $38.5 million. This acquisition is 100% set-aside for small business.

BACKGROUND

The general mission of the Materials Measurement Science Division (MMSD) of the Material Measurement

Laboratory (MML) at the National Institute of Standards and Technology (NIST) is to provide research, reference materials, and data to support accurate and selective analysis of microscopic particles and surfaces including the spatial distribution of chemical species relevant to industrial, environmental, and biological processes.

MMSD is currently operating an Information Technology (IT) system using a Check Point Firewall System consisting of Check Point appliances (hardware and software). This Check Point firewall system handles the division's internal network security. Regular firmware updates and control software updates are necessary to maintain the firewall. However, the existing appliances are reaching their end of life and also cannot handle the current network monitoring load. Additionally, NIST does not have the option of adding additional memory to the existing system to extend its capability.

To maintain the necessary performance for the division's IT network security, the existing Check Point appliances must be upgraded. Also, in order to maintain the upgraded system, properly updated and current on the security definitions, a maintenance contract is required. The upgraded system must have larger memory and storage capacity to handle the increasing amounts of firewall rules and must also provide the faster network monitoring capacity.

The Contractor shall upgrade the existing Check Point UTM 1076 and Smart-1 5 to Check Point 4800 and

Smart-1 210 appliances, and provide license renewals and hardware and software maintenance for a base period of one year plus three one year option periods, for all appliances, including the upgraded appliances after expiration of any commercial warranty.

BRAND NAME ONLY JUSTIFICATION

This is a brand name only requirement. Quoters must provide the brand name hardware and software identified within the line items.

Check Point appliances are required as MMSD’s firewall system is comprised solely of Check Point appliances and the upgrades are needed to maintain system effectiveness. Using appliances from any other manufacturer would result in system incompatibility in the MMSD firewall and result in downtime in the firewall which protects MMSD’s IT system. If the MMSD’s IT system is compromised via malware or unauthorized access, it could result in serious loss of data and NIST work product and, at a minimum, loss of productivity during the weeks of recovery effort while the data and instrument that rely on the IT system is not available for use.

Responsible quoters shall provide pricing for all of the following line items:

LINE ITEM 0001: Quantity 1 Lot Check Point Firewall Hardware and Software

The Contractor shall upgrade the existing Check Point UTM 1076 and Smart-1 5 to Check Point 4800 and

Smart-1 210 appliances, and provide license renewal. All work shall be performed in accordance with the attached statement of work.

LINE ITEM 0002: Quantity 1 Lot Trade-In Credit

The Government prefers, but does not require, that the Contractor accept existing Check Point appliances in exchange for a trade-in credit as identified in the statement of work.

LINE ITEM 0003: Quantity 1 Job Installation The Contractor shall provide installation of all hardware and software in accordance with the statement of work.

LINE ITEM 0003: Quantity 1 Job Training

The Contractor shall provide training on all hardware and software in accordance with the statement of work.

LINE ITEM 0004: Quantity 1 Year Warranty

The Contractor shall provide, at a minimum, a one (1) year warranty for all hardware. The warranty shall be the manufacturer’s standard commercial warranty.

OPTION LINE ITEMS

Line items 0005, 0006, 0007, and 0008 are option line items. Quoters must provide a firm-fixed price for all option line items. Prices for option line items shall remain valid in accordance with the following:

Line Item 0005, Upon award for all hardware and software not covered under warranty;

Line Item 0006, Two years from the date of award or upon expiration of the warranty period as appropriate;

Line Item 0007, Three years from the date of award;

Line Item 0008, Four years from the date of award.

The Government may exercise option line items, at its discretion, at the time of award or at any time in accordance with the timelines identified above. Options will be exercised by the issuance of a modification

(Standard Form 30). Option line items must be exercised for services to continue.

The period of performance for each option line item shall be one year. The same work shall be performed under each option period. Work is defined in the statement of work.

LINE ITEM 0005: OPTION LINE ITEM – Quantity 1 year SUPPORT AND ANNUAL LICENSES

LINE ITEM 0006: OPTION LINE ITEM – Quantity 1 year SUPPORT AND ANNUAL LICENSES

LINE ITEM 0007: OPTION LINE ITEM – Quantity 1 year SUPPORT AND ANNUAL LICENSES

LINE ITEM 0008: OPTION LINE ITEM – Quantity 1 year SUPPORT AND ANNUAL LICENSES

DELIVERY

Delivery, installation and training shall be completed not later than 14 weeks from the date of award.

All equipment shall be delivered to NIST, Shipping and Receiving, 100 Bureau Drive, Gaithersburg, MD

20899.

Delivery terms shall be FOB Destination. The Contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery.

INSPECTION AND ACCEPTANCE CRITERIA

NIST will inspect to ensure that the required equipment has been delivered, successfully installed, all equipment is functional in accordance with manufacturer’s specifications and the required training is complete.

PAYMENT SCHEDULE

For line items 0001 through 0004, the Contractor shall be paid in one lump sum payment upon successful completion of delivery, installation, training and demonstration of all manufacturer’s specifications.

If option line items are exercised for maintenance, payment shall be made on a monthly or quarterly basis, in arrears. Payments shall be approved if all services required within the billing period have been received and accepted by the Government. Payments shall not be approved if services are pending or have been rejected.

Payment terms shall be Net 30 Days.

EVALUATION CRITERIA AND BASIS FOR AWARD

Award will be made on a lowest price/technically acceptable.

Technically acceptable means:

1. The quoter is an authorized reseller for CheckPoint; AND

2. Is authorized to offer and support CheckPoint products and services; AND

3. Can, in coordination with proposed subcontractor(s), provide all products and services required to meet all statement of work requirements.

Price will be evaluated for reasonable and to determine that the quoted price is consistent with the technical portion of the quotation. The price quotation will be evaluated inclusive of the trade-in credit quoted by the

Contractor. The amount of the credit shall also be evaluated for reasonableness.

REQUIRED SUBMISSIONS

All quoters shall submit all of the following:

1)An original and one copy of an FOB Destination price quotation which addresses all Line Items. Quoters must provide a unit price and total amount for each line item and an aggregate value of all line items;

2) Technical description and/or product literature. Quoters shall include the manufacturer, make and model of the quoted product, manufacturer sales literature or other product literature which CLEARLY DOCUMENTS that the required products and services are being quoted. It is the responsibility of the quoter to ensure that all products and services are clearly documented in the quotation;

3) Documentation that clearly demonstrates that the quoter is an authorized reseller;

4) Documentation that clearly demonstrates that the manufacturer has agreed to work with the quoter in providing all required products and services;

5) This is an Open-Market Combined Synopsis/Solicitation for equipment, installation, training and warranty, as defined herein. The Government intends to award a firm fixed price contract as a result of this Combined

Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows:

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

OR

The offeror shall state “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)

Please note that this procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the offeror’s FSS or GWAC contract, and the statement required above shall be included in the quotation.

6) The DUNS number for the quoter’s active System for Award Management (SAM) registration.

Quoters must have an active registration at www.SAM.Gov to receive an award.

7) A completed copy of the attached provision titled Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or a Felony Conviction Under Any Federal Law.

All quotes must be sent to the National Institute of Standards and Technology, Acquisition Management

Division, Attn: Carol A. Wood, 100 Bureau Drive, Stop 1640, Gaithersburg, MD 20899-1640. Quoters shall ensure the RFQ number is visible as the email subject or on the outermost packaging.

Submission must be received by 3:30 p.m. local time on September 9, 2015. E-MAIL QUOTES SHALL BE

ACCEPTED. FAX QUOTES SHALL NOT BE ACCEPTED.

PROVISIONS AND CLAUSES

The full text of a Federal Acquisition Regulation (FAR) provision or clause may be accessed electronically at www.acquisition.gov.

http://www.sam.gov/ http://www.acquisition.gov/

The following FAR provisions apply to this acquisition:

52.204-7, System for Award Management

52.204-16, Commercial and Government Entity Code Reporting

52.204-17, Ownership or Control of Offeror

52.212-1, Instructions to Offerors—Commercial Items

52.212-3, Offeror’s Representations and Certifications-Commercial Items

52.217-5, Evaluation of Options

52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran

In accordance with FAR 52.212-3 Offeror Representations and Certifications – Commercial Items, quoters must complete annual representations and certifications on-line at www.SAM.Gov. If paragraph (j) of the provision applies, a written submission is required.

The following FAR clauses apply to this acquisition:

52.204-13 System for Award Management Maintenance

52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

52.209-7, Information Regarding Responsibility Matters

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

52.204-18, Commercial and Government Entity Code Maintenance

52.212-4 Contract Terms and Conditions—Commercial Items

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

Commercial Items (MAR 2015) including sub-paragraphs: (checked clauses are applicable to this solicitation) __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

_XX_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment.

_XX_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters.

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award.

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

_XX_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside

__ (ii) Alternate I (Nov 2011).

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__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_XX_ (16) 52.219-8, Utilization of Small Business Concerns

__ (17)(i) 52.219-9, Small Business Subcontracting Plan

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2014) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders

__ (19) 52.219-14, Limitations on Subcontracting

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

_XX_ (22) 52.219-28, Post Award Small Business Program Rerepresentation

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business

(EDWOSB) Concerns

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible

Under the WOSB Program

XX__ (25) 52.222-3, Convict Labor (June 2003)

XX__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies

XX__ (27) 52.222-21, Prohibition of Segregated Facilities

XX__ (28) 52.222-26, Equal Opportunity

__ (29) 52.222-35, Equal Opportunity for Veterans

XX__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities

_ (31) 52.222-37, Employment Reports on Veterans

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

_XX_ (33)(i) 52.222-50, Combating Trafficking in Persons

__ (ii) Alternate I (Mar 2015) of 52.222-50

__ (34) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items

(Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment

__ (ii) Alternate I.

__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions

__ (ii) Alternate I

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136174 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136175 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136186 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136387 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1139913 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1144950 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1144420 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147479 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147630 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147656 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1158632 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1162802 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148123 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160019 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1156645 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2022_18.html#wp1089948 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168892 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168933 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1194330 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1194323

__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

__ (ii) Alternate I (Jun 2014) of 52.223-16.

XX__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

__ (41) 52.225-1, Buy American-Supplies

_ (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act

__ (ii) Alternate I

__ (iii) Alternate II

__ (iv) Alternate III

__ (43) 52.225-5, Trade Agreements

XX__ (44) 52.225-13, Restrictions on Certain Foreign Purchases

__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items

__ (49) 52.232-30, Installment Payments for Commercial Items

XX__ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

__ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management

__ (52) 52.232-36, Payment by Third Party

__ (53) 52.239-1, Privacy or Security Safeguards

__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

52.217-7 Option for Increased Quantity—Separately Priced Line Items

52.217-8 Option to Extend Services

52.232-39 Unenforceability of Unauthorized Obligations

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233-4 Applicable Law for Breach of Contract Claim

52.237-2 Protection of Government Buildings, Equipment, and Vegetation

52.247-34 FOB Destination

52.252-2 Clauses Incorporated by Reference

The following U.S. Department of Commerce Acquisition Regulation (CAR) provisions and clauses apply to this procurement. The full text of a CAR provision or clause may be accessed electronically at www.acquisition.gov. Reference Supplemental Regulations, U.S. Department of Commerce.

1352.201-70 CONTRACTING OFFICER'S AUTHORITY

1352.209-73 COMPLIANCE WITH THE LAWS

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS

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

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ATTN: CAROL WOOD, 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

Gaithersburg, MD 20899

(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

1352.246-70 PLACE OF ACCEPTANCE

**NIST, Gaithersburg, MD.

NIST LOCAL 04: BILLING INSTRUCTIONS

(a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to

INVOICE@NIST.GOV.

(b) Each Invoice or Voucher submitted shall include the following: (1) Contract Number. (2) Contractor Name and Address. (3) Date of Invoice. (4) Invoice Number. (5) Amount of Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number (CLIN). (7) Description, Quantity, Unit of Measure, Unit Price, and

Extended Price of Supplies/Services Delivered. (8) Prompt Payment Discount Terms, if Offered. (9) Any other information or documentation required by the contract.

(c) In the event electronic submissions are not used, The Contractor shall submit an original invoice or voucher in accordance with the payment provisions of this contract to:

NIST: Accounts Payable Office

100 Bureau Drive, Mail Stop 1621

Gaithersburg, MD 20899-1621

(End of clause)

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-mailto:INVOICE@NIST.GOV

(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.