Viasat LinkWay Combined Synopsis and Solicitation.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CONTRACTING COMMAND - ABERDEEN PROVING GROUND

6472 Integrity Court, Building 4401

ABERDEEN PROVING GROUND, MARYLAND 21005-3013

CCAP-MDT 11 June 2024

SUBJECT: Request for Quote (RFQ): Viasat LinkWayS2™ Software Maintenance and Remote LinkWayS2™ Technical Support Renewal.

This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is PANAPG-24-P-0000-001472 and is issued as a request for quotation (RFQ).

The U.S. Army Contracting Command – Aberdeen Proving Ground (ACC-APG) is requesting a Firm-Fixed-Price (FFP) purchase order for Commercial-Off-The-Shelf (COTS) Viasat LinkWay Software Maintenance and Remote LinkWay Technical Support Renewal. This effort is in support of the Communications-Electronics Command (CECOM) Software Engineering Center (SEC) Software License Acquisition Branch in support of the Tactical Network Transport - At The Halt (TNT-ATH). TNT-ATH requires the procurement of Viasat LinkWayS2™ Software Maintenance and Remote Technical Support to provide high-capacity, smart-connectivity satellite internet and telecommunication global communications capable of providing dynamic link between two-way communications, and 24/7 around the clock remote technical support for software patches, updates, and bug fixes. The effort will consist of a 12-month subscription base period plus three (3) 12-month option subscription periods. The subscription periods per product are listed in the table below. As set forth with 10 United States Code § 3204(a)(1) as implemented FAR Part 6.302-1(a)(2) “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements,” this requirement will be for the brand name procurement of Viasat LinkWayS2™. Competition will be available to companies that can provide Viasat LinkWayS2™ Software Maintenance and Remote LinkWayS2™ Technical Support.

The North American Classification System (NAICS) Code for this procurement is 517410-Satellite Communications. The Product Service Code (PSC) is 7A21.

The RFQ for this requirement is PANAPG-24-P-0000-001472 and quotations are due within four (4) business days of this notification, no later than at 16:30 EST on 17 June 2024.

Product Descriptions – This requirement is for the license maintenance renewals of the Viasat LinkWayS2™ Software and Remote LinkWayS2™ Technical Support. See below for the product description, quantity, subscription periods, respondent instructions, evaluation factors, special contracts requirements, delivery instructions and clauses.

Product and Product Number License ID Subscription Period QTY

LinkWayS2™ Software Maintenance

PN: 1091670

21545 7/1/2024 - 6/30/2025 1

LinkWayS2™ Tech Support - PN:

1091671

21546 7/1/2024 - 6/30/2025 1

Base Period

LinkWayS2™ Software Maintenance -

PN: 1091670

22357 7/1/2025 - 6/30/2026 1

LinkWayS2™ Tech Support - PN:

1091671

22358 7/1/2025 - 6/30/2026 1

Option Period 1

LinkWayS2™ Software Maintenance -

PN: 1091670

22794 7/1/2026 - 6/30/2027 1

LinkWayS2™ Tech Support - PN:

1091671

22795 7/1/2026 - 6/30/2027 1

Option Period 2

LinkWayS2™ Software Maintenance -

PN: 1091670

22796 7/1/2027 - 6/30/2028 1

LinkWayS2™ Tech Support - PN:

1091671

22797 7/1/2027 - 6/30/2028 1

Option Period 3

Respondent Instructions – Reponses shall clearly indicate the following:

The requested software shall meet or exceed the criteria outlined in the Salient Characteristics and Specifications listed in this RFQ to be found Technically Acceptable.

Quotes shall contain the Total Price for the exact quantities in the Product Description table provided above.

• All quotes should indicate the part numbers and product description specified under the above Product Description, with itemized pricing for each part number/product description specified and all associated costs, such as taxes and shipping. Any deviations from the Part Numbers/Product Descriptions specified shall be explained in the Offeror’s response.

• A Commercial and Government Entity (CAGE) Code, Unique Entity Identifier (UEI), and System for Award Management (SAM) Record.

• Published Commercial Price, if applicable.

• Any and all applicable discounts applied to the pricing. The Contractor shall provide other than certified cost or pricing data IAW FAR 15.403-3, Requiring data other than certified cost or pricing data.

• Quotes shall separately identify any applicable costs associated with meeting the delivery instructions.

• PROVIDE A COPY OF END USER LICENSE AGREEMENT(s) EULA AND/OR

SOFTWARE MAINTENANCE AGREEMENTS FOR FEDERAL USERS

ASSOCIATED WITH THE ITEMS LISTED ABOVE. If no agreement exists clearly state that in the provided quote.

• Hyperlinks to additional terms are not acceptable and should be removed from quote, EULA, and other any supporting documentation provided in response to this RFQ. Terms and conditions applicable to the items listed in the Product Description section must be provided as separate attachments.

• Complete, sign, and date Addendum to License Agreement

• The offeror shall provide confirmation and understanding of required clauses (listed below) the Government will incorporate within the award documentation.

• Shall be certified / authorized to sell Viasat LinkWayS2™ Software and Remote LinkWayS2™ Technical Support.

• Shall be authorized to sell this product to the U.S. Government, specifically the U.S. Army.

Basis for Award:

• The order will be awarded to the lowest price/technically acceptable (LPTA) offeror.

• The offeror shall be responsive and responsible.

• The order shall be issued as a Firm-Fixed-Price (FFP) contract type. The offeror shall submit FFP prices for all Contract Line-Item Numbers (CLINs) associated with the products within the Product Description table of this RFQ in accordance with the stipulated quantities, subscription period and unit of measure.

• Software License Agreement (SLA) / End User License Agreement (EULA)

• Furthermore, the Governments evaluation will consider the fairness and reasonableness of the proposed prices in order to successfully meet all requirements of this RFQ. The proposed price will be evaluated in accordance with FAR 15.404-1(b). The analytical techniques and procedures described in FAR 15.404-1 may be used singly or in combination with others, as determined by the Contracting Officer, to ensure that the proposed costs are fair and reasonable.

• The Contractor shall provide other than certified cost or pricing data IAW FAR 15.403-3, requiring data other than certified cost or pricing data. The Contracting Officer will determine whether the proposed price is fair and reasonable based upon the results of the above-mentioned evaluations.

• If multiple quotes are received from authorized distributors the basis of award will be lowest price technically acceptable. Only those offerors who have received an “acceptable” rating IAW the definition above will be considered for award.

Evaluation of Technical Factors:

• Source Selection Procedures are not applicable as the required software shall be procured on a name brand basis. Contracting by negotiations will be utilized in this procurement. Upon receipt of the quote, a technical evaluation will be conducted to ensure the proposed software products are acceptable to support the acquisition. The quote will be rated as either “Acceptable” or “Unacceptable” as defined below:

Acceptable The quote clearly meets the minimum requirements of this RFQ.

Unacceptable The quote does not meet the minimum requirements of this RFQ.

Evaluation of Price:

• The evaluation will also consider the fairness and reasonableness of the proposed price in order to successfully meet all CLINs in the Product Description table of the RFQ requirements.

• The proposed price will be evaluated in accordance with FAR 15.404-1(b).

The analytical techniques and procedures described in FAR 15.404-1 may be used singly or in combination with others, as determined by the Contracting Officer, to ensure that the proposed costs are fair and reasonable.

This document is not an order, a contract, or a promise to issue an award.

The Government will not pay for any submitted information or the cost to submit the items / response to this RFQ.

The Government reserves the right to issue an award in part or in whole for the items described above. The Government is not obligated to make an award for all, or any portion of the items described.

Special Contract Requirements:

• Software License Agreement (SLA) / End User License Agreement

(EULA)

o The Government shall not award any order under this contract unless the corresponding commercial software license agreements are reviewed and approved by the Contracting Officer. The Government shall not accept any commercial software license terms that conflict with federal procurement law or do not satisfy user needs. Commercial Software License terms that are unacceptable to the Government include (but are not limited to) indemnification provisions (and other types of provisions that include unauthorized or unbudgeted funding obligations), attorney's fees provision, state or foreign choice of law/jurisdiction provisions, binding arbitration provisions, and injunctive relief provisions.

o The agreed to SLAs / EULAs will be attached to the contract/purchase order as attachments in Section J - List of Attachments of the award.

o The offeror shall provide a copy of the Contractors End User License Agreement(s) of Software Maintenance Agreements associated with the item(s) listed above. If no agreement exists clearly state that in the provided quote.

This document is not a purchase order, a contract, or a promise to issue an award. The Government will not pay for any submitted information or the cost to submit this items/response to this RFQ.

The evaluation will be based upon the base year and any anticipated options.

The offeror must also be responsive, and responsible (as defined at FAR Subpart 9.1).

The Government reserves the right to issue an award in part or in whole for the items described above. The Government is not obligated to make an award for all, or any portion of the items described.

Questions or concerns regarding this request should be sent to the Contract Specialist, Ngoc-Minh Shinohara via email.

Please submit your response/quote no later than at 16:30 at on 17 June 2024 via email to the following email addresses: ngoc-minh.t.shinohara.civ@army.mil and Procuring Contracting Officer, lynette.n.perez.civ@army.mil.

Delivery Instructions: Viasat LinkWay S2™ Software Maintenance and Remote LinkWay S2™ Technical Support Renewal shall be activated/delivered with inspection and acceptance at destination:

Ship to Address:

DoDAAC: W90W2B 6590 Reconnaissance Street Aberdeen Proving Ground, MD 21005 Building 6010, Room 130

Acceptance/Inspection:

DoDAAC: W81B81 Software Engineering Center - Aberdeen 6585 Surveillance Loop, D4-342A Pod 14 Aberdeen Proving Ground, MD 21005 mailto:ngoc-minh.t.shinohara.civ@army.mil mailto:lynette.n.perez.civ@army.mil.

The following will be incorporated into the award document for this requirement to include applicable commercial clauses:

Contract Clauses:

FAR/DFARS DESCRIPTION:

52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Reporting

Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representation and

Certifications (DEC 2014) 52.212-4 Contract Terms and Conditions-Commercial Items (NOV

2021) 52.232-1 Payments (APR 1984) 52.232-8 Discount for Prompt Payment (FEB 2002) 52.232-23 Assignment of Claims (MAY 2014) 52.232-33 Payment by Electronic Funds Transfer – System for Award

Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (MAY 2014) 52.233-2 Service of Protest (SEP 2006) 52.242-15 Stop-Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984) 52.246-2 Inspection of Supplies-Fixed-Price (AUG 1996) 52.246-16 Responsibility for Supplies (APR 1984) 52.247-34 F.O.B. Destination (FEB 2006) 252.203-7000 Requirements Relating to Compensation of Former DOD

Officials (SEP 2011) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support (MAY 2016) 252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services (JAN 2021) 252.225-7007 Prohibition on Acquisition of Certain Items from Communist

Chinese Military Companies (DEC 2018) 252.232-7003 Electronic Submission of Payment Request and Receiving

Reports (DEC 2018) 252.232-7010 Levies on Contract Payments (DEC 2006) 252.232-7006 Wide Area Workflow Payment Instructions (To be completed prior award) (DEC 2018) 252.225-7007 Prohibition on Acquisition of Certain Items from Communist

Chinese Military Companies (DEC 2018) 252.227-7015 Technical Data Commercial Items -Commercial Products and Commercial Services (MAR 2023)

252.227-7037 Validation of Restrictive Marking on Technical Data (JAN 2023)

252.243-7001 Pricing of Contract Modifications (DEC 1991) 252.243-7002 Request for Equitable Adjustment (DEC 2022)

Contract Provisions:

52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG

2020) 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment (NOV 2021) 52.204-26 Covered Telecommunications Equipment or Services

Representation (OCT 2020) 52.212-1 Instructions to Offerors – Commercial Products and

Commercial Services (SEP 2023) 52.212-2 Evaluation of Commercial Products and Commercial

Services (NOV 2021) 52.212-3 Offeror Representations and Certifications Commercial

Products and Commercial Services (MAY 2024)

Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (FEB 2024)

52.252-2 Clauses Incorporated by Reference (FEB 1998) 52.252-6 Authorized Deviations in Clauses (NOV 2020)

(End of clause)