Solicitation_VMWare.doc

VMWare Subject Matter Expert W9124N-18-Q-0023 Request for Quote

THIS IS A COMBINED SYNOPSIS / SOLICITATION FOR COMMERCIAL ITEMS/SERVICES

SECTION A - SOLICITATION INFORMATION

1.

NAICS CODE: 541519 – Other Computer Related Services

SIZE STANDARD: $27.5M

2.

PROCUREMENT SET-ASIDE: 100% Small Business 3.

This solicitation will result in a Firm Fixed Price Contract

4.

This solicitation is issued in accordance with FAR Part 13.5 5.

QUOTES DUE BY: No later than 1:00 pm PST on Friday, 7 September 2018

6.

See FAR 52.212-1, Instructions to Offerors – Commercial Items, for submission requirements.

7.

See FAR 52.212-2, Evaluation – Commercial Items, for basis for award selection.

8.

ITEMS TO BE PURCHASE: VMWare Federal Consulting & Training Credits, brand name only. See list of items in Section B.

9.

Period of Performance: 24 September 2018 – 23 September 2019 10.

DELIVER TO:

Presidio of Monterey, CA 93944-3402 FOB: Destination

11.

Point of contact for this solicitation is:

Jonathan Iverson

Phone: (831) 242-6560

Email: Jonathan.f.iverson.civ@mail.mil (End of solicitation Information) SECTION B – Pricing Schedule

1. Item to be quoted is Brand-name only. Brand name only J&A is attached separately.

2. Please fill in the unit price and total amount, and supply a copy in quote.

VMWare Federal Consulting & Training Credits Period Of Performance: 24 Sep 2018 – 23 Sep 2019 Requested services, through redeemed credits, shall be performed in accordance with the attached Performance Work Statement (PWS).

Redeeming credits shall be done in accordance with published VMWare guidance.

4,998

EA

Contractor shall report all Contractor Manpower required for performance of this contract. For additional information, please refer to the CMR User's Guide at the website provided in Performance Work Statement Paragraph 5.3. Reporting must be completed prior to submission and approval of invoice, but no later than October 31, 2019 for services performed.

Job

Total Amount: $__________________

PERFORMANCE WORK STATEMENT (PWS)

Defense Language Institute Foreign Language Center

VMWare Subject Mater Expert (SME)

24 August 2018

1. General:

1.1. Description of Services/Introduction: This is a non-personal services contract to provide VMWare Resident Consultant for technical assistance. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the services defined in this PWS except for those items specified as Government furnished property and services. The contractor shall perform to the standards in this contract.

1.2. Background: The Defense Language Institute Foreign Language Center (DLIFLC) supports a sophisticated computing environment that combines VMware data center virtualization, virtual networking, operations management, and end user computing products to form a single holistic Software Defined Data Center (SDDC) solution.

1.3. Objectives: Modern data centers such as DLIFLC’s require continual operations and maintenance (O&M) by a highly skilled technical workforce and, occasionally, external support and assistance from product vendors like VMware when difficult and persistent technical challenges require both environmental expertise and deep product subject matter expertise. The objective of this contract is to obtain a Professional Services Organization for a VMWare Subject Mater Expert to:

· assess the environment and remediate errors, less than optimal configurations, and general deviations from best practices

· serve as the go-to resource for all matters relating to VMWare solutions

· maintain virtual infrastructure availability, automate activities, reduce operational risk, and change and incident management

1.4. Scope: The Resident Senior Consultant will possess technical best practice knowledge and have assessment, design, and architecture experience with the following VMware technology:

· vSphere / vCenter

· vRealize Operations Manager

· NSX

1.5. Period of Performance: The period of performance shall be for one Base Year of 12 months, from 24 September 2018 through 23 September 2019.

1.6. General Information

1.6.1. Quality Control: Quality Control is the responsibility of the contractor. The contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.246-4, Inspection of Services – Fixed-Price).

1.6.2. Quality Assurance: The Government will evaluate the contractor’s performance under this contract in accordance with (IAW) the Quality Assurance Surveillance Plan. This plan is a Government only document primarily focused on what the Government must do to assure that the contractor has performed IAW the requirements of the contract.

1.6.3. Federal Government Holidays:

New Year’s Day

1st day of January

Martin Luther King Jr.'s Birthday 3rd Monday of January

Presidents Day

3rd Monday of February

Memorial Day

Last Monday of May

Independence Day

4th day of July

Labor Day

1st Monday of September

Columbus Day

2nd Monday of October

Veterans Day

11th day of November

Thanksgiving Day

4th Thursday of November

Christmas Day

25th day of December

1.6.4. Hours of Operation: The contractor is responsible for conducting business while the facility is open, between the hours of 0745 to 1645 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

1.6.5. Place of Performance: The work to be performed under this contract will be performed at the US Army Presidio of Monterey located in Monterey, California.

1.6.6. Security Requirements:

Contractor personnel (to include subcontractors) performing work under this contract must have a favorable background investigation to access the non-classified network. In addition, access to the DLIFLC education network is limited to United States citizens.

1.6.6.1. Physical Security: The contractor shall be responsible for safeguarding all Government equipment, information and property provided for contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured.

1.6.6.2. Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the COR.

1.6.6.2.1. In the event keys are lost or duplicated, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

1.6.6.2.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.6.6.3. Lock Combinations: The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.6.6.4. Key-pad Access Control: The Contractor shall establish and implement methods of making sure all key-pad access control numbers issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. No key-pad access control numbers issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key-pad access number control that shall be included in the Quality Control Plan. The Contractor shall immediately report any occurrences of compromised key-pad access control numbers to the Contracting Officer’s Representative (COR). The Contractor shall prohibit the use of Government issued key-pad access control numbers by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the COR.

1.6.7. Special Qualifications:

The table below provide the Government’s estimate of an appropriate labor mix, including education and qualifications to fulfill the requirements. The IT Security Levels are required. If the offeror proposes any deviations to the remainder of the information, the deviations shall be clearly identified and justified in the offeror’s technical proposal.

· vSphere / vCenter

· vRealize Operations Manager

· NSX

IT‐I

1.6.8. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity IAW Federal Acquisition Regulation Subpart 42.5, Post Award Orientation. The Contracting Officer, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the Government will apprise the contractor of how the Government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.9. Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notify both the KO and Contractor of any deficiencies; coordinate availability of Government furnished property; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.10. Key Personnel: Not applicable.

1.6.11. Identification of Contractor Employees: The Contractor shall provide each employee an Identification (ID) Badge, which includes at a minimum, the Company Name, Employee Name and a color photo of the employee. ID Badges for Key Personnel shall also indicate their job title. ID Badges shall be worn at all times during which the employee is performing work under this contract. Each Contractor (to include subcontractors) employees shall wear the ID Badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The Contractor (to include subcontractors) shall be responsible for collection of ID Badges upon completion of the contract or termination of employee. All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials.

1.6.12. Supervision of Contractor Employees: The Government will not exercise any supervision or control over Contractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for Contractor and/or subcontractor employees.

1.6.13. Contractor Travel: Not applicable.

1.6.14. Other Direct Costs: Not applicable.

1.6.15. Organizational Conflict of Interest (OCI): The contracting officer has not identified any OCIs inherent to this requirement. It is the offeror’s responsibility to notify the contracting officer, prior to submission of proposals, if a potential OCI is identified.

1.6.16. Anti-Terrorism (AT) Level I Training. All contractor employees requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days of the performance start date (PSD) or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training by all employees. AT level I awareness training is available at the following website: http://jko.jten.mil.

1.6.17. Access and General Protection/Security Policy and Procedures. Contractor and employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.6.17.1. Contractors Requiring a Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.

1.6.17.2. Contractors Not Requiring a CAC but Require Access to a DoD Facility or Installation. Contractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

1.6.18. AT Awareness Training for Contractor Personnel Traveling Overseas. N/A

1.6.19. iWATCH Training. N/A

1.6.20. Access to Government Information Systems. All contractor employees with access to a Government info system shall be registered in the Army Training Certification Tracking System (ATCTS), and shall successfully complete the DoD Information Assurance (IA) Awareness prior to gaining access to the IS and annually thereafter. DoD IA training is available at https://ia.signal.army.mil/DoDIAA/default.asp.

1.6.21. Operations Security (OPSEC) Standing Operating Procedure (SOP)/Plan. The contractor shall develop an OPSEC SOP/Plan within 90 calendar days of the PSD, to be reviewed and approved by the responsible Government OPSEC officer, per AR 530-1, Operations Security. This SOP/Plan shall include a process to identify critical information, where it is located, who is responsible for it, how to protect it and why it needs to be protected. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator. The contractor shall ensure this individual becomes OPSEC Level II certified per AR 530-1.

1.6.22. OPSEC Training. Per AR 530-1, Operations Security, all contractor employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees shall complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor employee to the COR within 15 calendar days after completion of training by all employees. This training is available at http://www.cdse.edu/catalog/elearning/GS130.html.

1.6.23. Information Assurance (IA)/Information Technology (IT) Certification. Per DoD 8570.01-M , DFARS 252.239.7001 and AR 25-2, contractor employees supporting IA/IT functions shall be appropriately certified upon the start of contract performance. IAW AR 25-2, the IT levels applicable to this PWS are IT-I (privileged) and IT-II (limited privileged). For an IT- II position, a contractor must have a National Agency Check with Local Agency Checks and Credit Check (NACLC) or higher with a favorable finding on file within 30 days of the start of period of performance and/or starting work. For an IT-I position, a contractor must have a Single Scope Background Investigation (SSBI) investigation or higher with a favorable finding on file within 90 days of the start of period of performance and/or starting work. The table provided at paragraph 1.6.7 lists all of the possible positions and which security level is required for each position. The cost of all investigations is the responsibility of the contract company. Additionally, all personnel must be United States citizens.

1.6.24. Threat Awareness Reporting Program (TARP). Per AR 381-12 Threat Awareness and Reporting Program (TARP), contractor employees who possess a security clearance must receive annual TARP training by a CI agent or other trainer as specified in paragraph 2-4b. The COR will coordinate for the next available TARP class for each period of performance.

2. Definitions and Acronyms:

2.1. Definitions:

2.1.1. Contractor: A supplier or vendor awarded a contract to provide specific supplies or services to the Government. The term used in this contract refers to the prime.

2.1.2. Contracting Officer: A person with authority to enter into, administer, and/or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

2.1.3. Contracting Officer’s Representative: An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. Defective Service: A service output that does not meet the standard of performance associated with the PWS.

2.1.5. Deliverable: Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. Government Furnished Property (GFP) or Government Property (GP): Property in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor.

2.178. Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS.

2.1.8. Physical Security: Actions that prevent the loss or damage of Government property.

2.1.9. Quality Assurance: The Government procedures to verify that services being performed by the Contractor are acceptable IAW established standards and requirements of this contract.

2.1.10. Quality Assurance Surveillance Plan: An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.11. Quality Control: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.2. Acronyms:

AR

Army Regulation

CFR

Code of Federal Regulations

CMR

Contract Manpower Reporting

CONUS

Continental United States (excludes Alaska and Hawaii)

COR

Contracting Officer Representative

DA

Department of the Army

DD254

Department of Defense Contract Security Requirement List

DFARS

Defense Federal Acquisition Regulation Supplement

DMDC

Defense Manpower Data Center

DoD

Department of Defense

FAR

Federal Acquisition Regulation

KO

Contracting Officer

OCI

Organizational Conflict of Interest

OCONUS

Outside Continental United States (includes Alaska and Hawaii)

POC

Point of Contact

PRS

Performance Requirements Summary

PSD

Performance Start Date

PWS

Performance Work Statement

QA

Quality Assurance

QAP

Quality Assurance Program

QC

Quality Control

QCP

Quality Control Program

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: not applicable.

3.2. Facilities: The Government will provide the necessary workspace for up to five (5) contractor employees to provide the support outlined in the PWS to include desk space, telephones, computers, and other items necessary to maintain an office environment. Upon the completion of their duties, Contractor personnel will secure all utilities in occupied areas, unless otherwise coordinated with the COR. It will be the responsibility of Contractor personnel observing open and/or unlocked windows in their respective work areas to close and secure such windows. Where difficulty is encountered in keeping areas locked or windows closed and locked, the COR shall be notified. The Contractor shall maintain all work areas in such as manner as to minimize the risk of injury or accident to all personnel who may be in the area.

3.3. Utilities: The Government will provide all utilities associated with paragraph 3.2 for the contractor’s use in performance of tasks outlined in this PWS. The Contractor (to include subcontractors) shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities.

3.4. Equipment: The Contractor shall use Government property only for performing this contract, unless otherwise provided for in this contract or approved by the Contracting Officer. Modifications or alterations of Government property are prohibited. Contractor personnel may be required to sign for electronics equipment provided herein. If travel is required, the contractor assumes responsibility for the Government equipment when not located at the primary place of performance.

3.5. Materials: Not applicable

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1. General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2. Materials: See paragraph 4.1, above.

4.3. Equipment: See paragraph 4.1, above.

5. SPECIFIC TASKS:

5.1. The contractor shall participate in post incident root-cause analysis meetings and gathering lessons learned. Assist in analyzing data and developing solutions to improve performance and quality.

5.1.1. Deliverable: Root cause analysis report.

5.1.2. Standard: The Government will have five (5) business days to review the deliverable and provide comments back to the contractor (minor clerical mistakes that are merely a matter of form and not of substance will be noted for correction). The contractor shall submit the final deliverable within five (5) business days of receiving the Government’s comments. A negative response from the Government within the time specified above constitutes acceptance.

5.2. Performance tuning of VMware servers, Virtual sessions and management of server resources between Virtual Machines. Recommend options to improve operations, reliability, performance, capacity, and resource utilization.

5.2.1. Deliverable: Configuration Control Board request to include report recommending change, risks associated with change, risk management and mitigation and supporting documentation.

5.2.2. Standard: The Government will have five (5) business days to review the deliverable and provide comments back to the contractor (minor clerical mistakes that are merely a matter of form and not of substance will be noted for correction). The contractor shall submit the final deliverable within five (5) business days of receiving the Government’s comments. A negative response from the Government within the time specified above constitutes acceptance.

5.3. Deliverable: Contractor Manpower Reporting. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: www.ecmra.mil. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources heading on the right side of the login page.

5.3.1. Standard: Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year.

6. Performance Requirement Summary:

7. Applicable Publications (Current Editions):

Army Regulation (AR) 25-1, Army Knowledge Management and Information Technology Management, Chaps 1, 4, 5, 8.

AR 25-2, Information Assurance Chap 4, Sect II.

DoD Directive 8570.1-M, DoD Information Assurance Workforce Improvement Program.

DTMS Code Merge SOP.

AR 350-1, Army Training and Leader Development.

ADP/ADRP 7-0, Training Units and Developing Leaders.

Leaders Guide to Unit Training Management.

TRADOC Regulation, Army Learning Policy and Systems (TR) 350-70.

SECTION C- Contractor Requirements

1. System for Award Management (SAM) Registration is required in order for an offeror to receive a Government contract, so interested offerors are highly encouraged to register. For more information on this requirement, please refer to Paragraph k of FAR clause 52.212-1, Instructions to Offerors, and/or visit https://www.sam.gov. If you were registered in CCR and ORCA, your organization’s information is already in SAM. You just need to set up a SAM account and migrate your CCR roles. For more information on SAM, please visit https://www.sam.gov.

2. Vendors are encouraged to register with the Wide Area Workflow (WAWF). Payment will be made by electronic funds transfer through Defense Finance and Accounting Services (DFAS).

The offeror that is awarded the contract must follow the instructions required for electronic submission of invoices on WAWF: https://wawf.eb.mil

3. The selected Offeror must comply with the following additional FAR CLAUSES:

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management

52.204-9 Personal Identity Verification of Contractor Personnel

52.204-13 System for Award Management Maintenance

52.204-16 Commercial and Government Entity Code Reporting

52.204-18 Commercial and Government Entity Code Maintenance

52.204-19 Incorporation by Reference of Representations and Certifications

52.212-1 Instructions to Offerors – Commercial Items

52.212-3 Offeror Representations and Certifications—Commercial Items

52.212-4 Contract Terms and Conditions—Commercial Items

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

252.203-7000 Requirement Relating to Compensation of Former DoD Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

252-203-7005 Representation Relating to Compensation of Former DoD Officials

252.204-7003 Control of Government Personnel Work Product

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

252.211-7003 Item Identifications and Evaluation

252.225-7001 Buy American Act and Balance of Payments Program

252.232-7003 Electronic Submission of Payment Request and Receiving Reports

252.232-7010 Levies on Contract Payments

252.243-7001 Pricing of Contract Modifications

252.244-7000 Subcontracts for Commercial Items

252.246-7000 Material Inspection and Receiving Reports

252.247-7023 Transportation of Supplies by Sea

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 Instructions to Offerors, Addendum:

Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show –

(a) The name, address, and telephone number of the offeror, and

(b) Price and any discount terms.

Offerors shall provide the following with their offerors:

(1) Complete and Sign Proposal -- Please price CLIN by CLIN and total contract price (Section B).

(2) A confirmation statement that the quoted price is for VMWare Federal Consulting & Training Credits (brand name only).

(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:

(i) Technical capability: Statement confirming that the quoted price is for VMWare Federal Consulting & Training Credits (brand name only).

(ii) Price: Offers shall contain pricing for every CLIN in Section B.

Technical capability is significantly more important than cost or price; when compared to price.

(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.

Award will be made to the lowest price after technical factor(s) have been met in accordance with FAR 15.101 – Lowest price technically acceptable (LPTA) source selection process.

(End of provision)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (AUG 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Re-representation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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 (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X_ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer Check as appropriate.]

___ (1) 52.222-17, Non-displacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause) 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.