Foreign Military Sales (FMS) Veeam Backup and Replication Enterprise Plus Licenses and Veeam Software Warranty

SUBJECT: Solicitation: W91CRB-24-Q-VEEAM – PL-B-UDV; Request for Quote (RFQ)

Amendment 0001: 5/16/24

Extending Solicitation W91CRB-24-Q-VEEAM - PL-B-UDV from 5/17/24 to 5/23/24 due to not receiving all Q/A back from the SAMD customer. 

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitationis a Request for Quote (RFQ). This action is posted as a 100% Small Business Set-Aside under NAICS Code: 513210 “Software Publishers”. The size standard for the NAICS Code is $41.5 Million.  

The U.S. Army Contracting Command-Aberdeen Proving Ground (ACC-APG), an agency of the Government, has a brand name requirement for the procurement of a qty. 30 Veeam Backup and Replication Enterprise Plus Licenses and Veeam Software Warranty (four additional years). In accordance with FAR 6.302-4, International Agreement this procurement is a country directed brand name requirement Foreign Military Sales (FMS) Case PL-B-UDV for the country of Poland. The Government anticipates the issuance of a commercial Firm Fixed Price (FFP) contract as a result of subject synopsis/solicitation. The anticipated date of award to be determined but no later than 20 May 2024.

All supplies/services are requested to be proposed upon and specified by the offeror as seen below:

Description:        

CLIN 0001 – Veeam Backup and Replication Enterprise Plus Licenses – PL-B-UDV

The contractor shall deliver 30 Veeam Backup and Replication Enterprise Plan Licenses.

CLIN 0002 – Veeam Software Warranty (four additional years) – PL-B-UDV

The contractor shall deliver 30 Veeam Software Warranty (four additional years).

Other Information/Requirements:

1. It is the responsibility of the Offeror to ensure that their Offer is compliant with ALL provisions of the FAR and its supplements.  The Government MAY, but is not obligated to, consider an Offer that is non-compliant with any provision of the FAR and its supplements.  Furthermore, the Government is NOT required to inform any Offeror that their Offer is non-compliant with the FAR or any of its supplements.  Failure of an Offer to comply with any provision of the FAR and its supplements may result in the Offeror being deemed non-responsive to the solicitation.
    
2. The Government requires the Veeam Backup and Replication Enterprise Plan Licenses to be delivered as soon as possible.  Contractors shall propose a delivery date for CLIN 0001 and CLIN 0002.  Only one (1) date shall be provided per CLIN.  Details of Delivery Location and Inspection and Acceptance are as follows:

CLIN 0001-FMS Case PL-B-UDV:

Place of delivery TBD

Inspection and Acceptance at Destination

FOB Origin

CLIN 0002-FMS Case PL-B-UDV

Place of delivery TBD

Inspection and Acceptance at Destination

FOB Origin

1. All responsible sources may submit a quote which will be considered by the Contracting Officer. The offeror must be registered in the System for Award Management (SAM) database and include the assigned Unique Entity Identification code with quote submission.

1. **Offerors SHALL include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with their response.  Additionally, Offerors shall provide a completed copy of 52.204-24 and 52.204-26 with their response.**

1. Any questions are to be submitted in writing to Charrissa Stancell, Contract Specialist, via email to:  Charrissa.m.stancell.civ@army.mil no later than 10:00AM - EST – U.S. on 10 May 2024.

1. The offeror shall submit their quote via email to Charrissa Stancell, Contract Specialist, Charrissa.m.stancell.civ@army.mil by 10:00AM – EST-U.S. 17 May 2024.  An email confirmation from the contract specialist must be received to be considered submitted.

Contact Information:

Charrissa Stancell

Contract Specialist

Army Contracting Command –Aberdeen Proving Ground (ACC-APG)

Email – Charrissa.m.stancell.civ@army.mil

BASIS FOR AWARD:

Proposals will be evaluated in accordance with FAR 13.106-2, Evaluation of Quotations or Offers. A single award will be made based on the Lowest Priced Technically Acceptable (LPTA) evaluation approach. (Note: See FAR 52.212-3 for evaluation criteria detailed herein). The Government intends to award a contract resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation.

In accordance with FAR 52.215-1(f)(4), the Government intends to evaluate proposals and award without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offerors initial proposal should contain the offerors best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

Proposals will be evaluated in accordance with FAR 52.212-2, “Evaluation—Commercial Products and Commercial Services (Nov 2021)”:

(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:

Factor 1 Cost/Price: Price will be evaluated based on the total proposed price for CLIN 0001 and CLIN 0002.

Factor 2 Technical: Technical will be evaluated based on the technical capability of the item/s offered to meet the Government’s requirement.  Additionally, the technical element of the evaluation shall be based solely on information furnished by the vendor. The Government is not responsible for locating or securing any information which is not provided in the proposal.

(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.

PROVISIONS AND CLAUSES applicable to this acquisition are as follows:

FAR 52.203-7  Anti-Kickback Procedures

FAR 52.204-4  Printed of Copied Double-Sided on Recycled Paper

FAR 52.204-7  System for Award Management

FAR 52.204-8  Annual Representations and Certifications

FAR 52.204-10  Reporting Executive Compensation and First-Tier Subcontract Awards

FAR 52.204-13  System for Award Management Maintenance

FAR 52.204-16  Commercial and Government Entity Code Reporting

FAR 52.204-17  Ownership or Control of Offeror

FAR 52.204-18  Commercial and Government Entity Code Maintenance

FAR 52.204-19  Incorporated by Reference of Representations and Certifications

FAR 52.204-20  Predecessor of Offerors

FAR 52.204-23  Prohibition on Contracting for Hardware, Software and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

FAR 52.204-24  Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

FAR 52.204-25  Prohibition on Contracting for Certain Telecommunication and Video Surveillance Services or Equipment

FAR 52.204-26  Covered Telecommunications Equipment or Services Representation

FAR 52.207-1  Notice of Standard Competition

FAR 52.207-2  Notice of Streamlined Competition

FAR 52.209-2  Prohibition on Contracting with Inverted Domestic Corporations--Representation

FAR 52.209-6  Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under any Federal Law

FAR 52.211-6  Brand Name or Equal

FAR 52.211-8  Time of Delivery

FAR 52.212-1  Instructions to Offerors -- Commercial Items. (DEVIATION 2018-O0018)

FAR 52.212-4  Contract Terms and Conditions -- Commercial Items

FAR 52.212-5  Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items, for Paragraph (b) the following clauses apply:52.222-3, Convict Labor, 52.222-21, Prohibition of Segregated Facilities, 52.222-26, Equal Opportunity, 52.222-35, Equal Opportunity for Veterans, 52.222-25, Affirmative Action Compliance, 52.222-36 Equal Opportunity for Workers with Disabilities, 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, 52.233-2, Service of Protest AND 52.232-33, Payment by Electronic Funds Transfer-System for Award Management; 52.233-3, Protest after Award 

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

FAR 52.219-8  Utilization of Small Business Concerns

FAR 52.219-9  Small Business Subcontracting Plan

FAR 52.219-14  Limitations on Subcontracting

FAR 52.223-22  Public Disclosure of Greenhouse Gas Emissions and Reduction Goals – Representations

FAR 52.225-13  Restrictions on Certain Foreign Purchases

FAR 52.232-8   Discounts for Prompt Payment

FAR 52.232-11  Extras

FAR 52.232-39  Unenforceability of Unauthorized Obligations

FAR 52.232-40  Providing Accelerated Payments to Small Business Subcontractors

FAR 52.233-3  Protest after Award

FAR 52.233-4   Applicable Law for Breach of Contract Claim

FAR 52.242-13  Bankruptcy

FAR 52.242-15  Stop-Work Order

FAR 52.242-17  Government Delay of Work

FAR 52.243-1  Changes—Fixed Price

FAR 52.246-16  Responsibility for Supplies

FAR 52.247-29  F.O.B. Origin

FAR 52.249-1  Termination for Convenience of the Government

FAR 52.252-1  Solicitation Provisions Incorporated by Reference

FAR 52.252-2  Clauses Incorporated by Reference

FAR 52.253-1  Computer Generated Forms

DFARS 252.203-7000  Requirements Relating to Compensation of Former DoD Officials

DFARS 252.203-7002  Requirements to Inform Employees of Whistleblower Rights

DFARS 252.203-7005  Representations Relating to Compensation of Former DoD Officials

DFARS 252.204-7003  Control of Government Personnel Work Product

DFARS 252.204-7004  Alternate A System of Award Management

DFARS 252.204-7007  Alternate A Annual Representations and Certifications

DFARS 252.204-7008  Compliance with Safeguarding Covered Defense Information Controls

DFARS 252.204-7012  Safeguarding Covered Defense Information and Cyber Incident Reporting

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

DFARS 252.204-7019  Notice of NIST SP 800-171 DoD Assessment Requirements

DFARS 252.204-7020  NIST SP 800-171 DoD Assessment Requirements

DFARS 252.222-7999  Combating Race and Sex Stereotyping (Deviation 2021-O0001)

DFARS 252.223-7008  Prohibition of Hexavalent Chromium

DFARS 252.225-7007  Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies

DFARS 252.225-7041  Correspondence In English

DFARS 252.225-7048  Export-Controlled Items

DFARS 252.227-7027  Deferred Ordering of Technical Data or Computer Software

DFARS 252.227-7032  Right in Technical Data and Computer Software (Foreign)

DFARS 252.232-7003  Electronic Submission of Payment Requests and Receiving Reports

DFARS 252.232-7006  Wide Area Workflow Payment Instructions

DFARS 252.232-7010  Levies on Contract Payments

DFARS 252.243-7001  Pricing of Contract Modifications

DFARS 252.244-7000  Subcontract for Commercial Items

Full text of these provisions and clauses, with noted exceptions regarding local clauses, may be obtained by accessing the following internet website: https://www.acquisition.gov

SUBJECT: Solicitation: W91CRB-24-Q-VEEAM – PL-B-UDV; Request for Quote (RFQ)

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitationis a Request for Quote (RFQ). This action is posted as a 100% Small Business Set-Aside under NAICS Code: 513210 “Software Publishers”. The size standard for the NAICS Code is $41.5 Million.  

The U.S. Army Contracting Command-Aberdeen Proving Ground (ACC-APG), an agency of the Government, has a brand name requirement for the procurement of a qty. 30 Veeam Backup and Replication Enterprise Plus Licenses and Veeam Software Warranty (four additional years). In accordance with FAR 6.302-4, International Agreement this procurement is a country directed brand name requirement Foreign Military Sales (FMS) Case PL-B-UDV for the country of Poland. The Government anticipates the issuance of a commercial Firm Fixed Price (FFP) contract as a result of subject synopsis/solicitation. The anticipated date of award to be determined but no later than 20 May 2024.

All supplies/services are requested to be proposed upon and specified by the offeror as seen below:

Description:        

CLIN 0001 – Veeam Backup and Replication Enterprise Plus Licenses – PL-B-UDV

The contractor shall deliver 30 Veeam Backup and Replication Enterprise Plan Licenses.

CLIN 0002 – Veeam Software Warranty (four additional years) – PL-B-UDV

The contractor shall deliver 30 Veeam Software Warranty (four additional years).

Other Information/Requirements:

1. It is the responsibility of the Offeror to ensure that their Offer is compliant with ALL provisions of the FAR and its supplements.  The Government MAY, but is not obligated to, consider an Offer that is non-compliant with any provision of the FAR and its supplements.  Furthermore, the Government is NOT required to inform any Offeror that their Offer is non-compliant with the FAR or any of its supplements.  Failure of an Offer to comply with any provision of the FAR and its supplements may result in the Offeror being deemed non-responsive to the solicitation.
    
2. The Government requires the Veeam Backup and Replication Enterprise Plan Licenses to be delivered as soon as possible.  Contractors shall propose a delivery date for CLIN 0001 and CLIN 0002.  Only one (1) date shall be provided per CLIN.  Details of Delivery Location and Inspection and Acceptance are as follows:

CLIN 0001-FMS Case PL-B-UDV:

Place of delivery TBD

Inspection and Acceptance at Destination

FOB Origin

CLIN 0002-FMS Case PL-B-UDV

Place of delivery TBD

Inspection and Acceptance at Destination

FOB Origin

1. All responsible sources may submit a quote which will be considered by the Contracting Officer. The offeror must be registered in the System for Award Management (SAM) database and include the assigned Unique Entity Identification code with quote submission.

1. **Offerors SHALL include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with their response.  Additionally, Offerors shall provide a completed copy of 52.204-24 and 52.204-26 with their response.**

1. Any questions are to be submitted in writing to Charrissa Stancell, Contract Specialist, via email to:  Charrissa.m.stancell.civ@army.mil no later than 10:00AM - EST – U.S. on 10 May 2024.

1. The offeror shall submit their quote via email to Charrissa Stancell, Contract Specialist, Charrissa.m.stancell.civ@army.mil by 10:00AM – EST-U.S. 17 May 2024.  An email confirmation from the contract specialist must be received to be considered submitted.

Contact Information:

Charrissa Stancell

Contract Specialist

Army Contracting Command –Aberdeen Proving Ground (ACC-APG)

Email – Charrissa.m.stancell.civ@army.mil

BASIS FOR AWARD:

Proposals will be evaluated in accordance with FAR 13.106-2, Evaluation of Quotations or Offers. A single award will be made based on the Lowest Priced Technically Acceptable (LPTA) evaluation approach. (Note: See FAR 52.212-3 for evaluation criteria detailed herein). The Government intends to award a contract resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation.

In accordance with FAR 52.215-1(f)(4), the Government intends to evaluate proposals and award without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offerors initial proposal should contain the offerors best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

Proposals will be evaluated in accordance with FAR 52.212-2, “Evaluation—Commercial Products and Commercial Services (Nov 2021)”:

(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:

Factor 1 Cost/Price: Price will be evaluated based on the total proposed price for CLIN 0001 and CLIN 0002.

Factor 2 Technical: Technical will be evaluated based on the technical capability of the item/s offered to meet the Government’s requirement.  Additionally, the technical element of the evaluation shall be based solely on information furnished by the vendor. The Government is not responsible for locating or securing any information which is not provided in the proposal.

(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.

PROVISIONS AND CLAUSES applicable to this acquisition are as follows:

FAR 52.203-7  Anti-Kickback Procedures

FAR 52.204-4  Printed of Copied Double-Sided on Recycled Paper

FAR 52.204-7  System for Award Management

FAR 52.204-8  Annual Representations and Certifications

FAR 52.204-10  Reporting Executive Compensation and First-Tier Subcontract Awards

FAR 52.204-13  System for Award Management Maintenance

FAR 52.204-16  Commercial and Government Entity Code Reporting

FAR 52.204-17  Ownership or Control of Offeror

FAR 52.204-18  Commercial and Government Entity Code Maintenance

FAR 52.204-19  Incorporated by Reference of Representations and Certifications

FAR 52.204-20  Predecessor of Offerors

FAR 52.204-23  Prohibition on Contracting for Hardware, Software and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

FAR 52.204-24  Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

FAR 52.204-25  Prohibition on Contracting for Certain Telecommunication and Video Surveillance Services or Equipment

FAR 52.204-26  Covered Telecommunications Equipment or Services Representation

FAR 52.207-1  Notice of Standard Competition

FAR 52.207-2  Notice of Streamlined Competition

FAR 52.209-2  Prohibition on Contracting with Inverted Domestic Corporations--Representation

FAR 52.209-6  Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under any Federal Law

FAR 52.211-6  Brand Name or Equal

FAR 52.211-8  Time of Delivery

FAR 52.212-1  Instructions to Offerors -- Commercial Items. (DEVIATION 2018-O0018)

FAR 52.212-4  Contract Terms and Conditions -- Commercial Items

FAR 52.212-5  Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items, for Paragraph (b) the following clauses apply:52.222-3, Convict Labor, 52.222-21, Prohibition of Segregated Facilities, 52.222-26, Equal Opportunity, 52.222-35, Equal Opportunity for Veterans, 52.222-25, Affirmative Action Compliance, 52.222-36 Equal Opportunity for Workers with Disabilities, 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, 52.233-2, Service of Protest AND 52.232-33, Payment by Electronic Funds Transfer-System for Award Management; 52.233-3, Protest after Award 

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

FAR 52.219-8  Utilization of Small Business Concerns

FAR 52.219-9  Small Business Subcontracting Plan

FAR 52.219-14  Limitations on Subcontracting

FAR 52.223-22  Public Disclosure of Greenhouse Gas Emissions and Reduction Goals – Representations

FAR 52.225-13  Restrictions on Certain Foreign Purchases

FAR 52.232-8   Discounts for Prompt Payment

FAR 52.232-11  Extras

FAR 52.232-39  Unenforceability of Unauthorized Obligations

FAR 52.232-40  Providing Accelerated Payments to Small Business Subcontractors

FAR 52.233-3  Protest after Award

FAR 52.233-4   Applicable Law for Breach of Contract Claim

FAR 52.242-13  Bankruptcy

FAR 52.242-15  Stop-Work Order

FAR 52.242-17  Government Delay of Work

FAR 52.243-1  Changes—Fixed Price

FAR 52.246-16  Responsibility for Supplies

FAR 52.247-29  F.O.B. Origin

FAR 52.249-1  Termination for Convenience of the Government

FAR 52.252-1  Solicitation Provisions Incorporated by Reference

FAR 52.252-2  Clauses Incorporated by Reference

FAR 52.253-1  Computer Generated Forms

DFARS 252.203-7000  Requirements Relating to Compensation of Former DoD Officials

DFARS 252.203-7002  Requirements to Inform Employees of Whistleblower Rights

DFARS 252.203-7005  Representations Relating to Compensation of Former DoD Officials

DFARS 252.204-7003  Control of Government Personnel Work Product

DFARS 252.204-7004  Alternate A System of Award Management

DFARS 252.204-7007  Alternate A Annual Representations and Certifications

DFARS 252.204-7008  Compliance with Safeguarding Covered Defense Information Controls

DFARS 252.204-7012  Safeguarding Covered Defense Information and Cyber Incident Reporting

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

DFARS 252.204-7019  Notice of NIST SP 800-171 DoD Assessment Requirements

DFARS 252.204-7020  NIST SP 800-171 DoD Assessment Requirements

DFARS 252.222-7999  Combating Race and Sex Stereotyping (Deviation 2021-O0001)

DFARS 252.223-7008  Prohibition of Hexavalent Chromium

DFARS 252.225-7007  Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies

DFARS 252.225-7041  Correspondence In English

DFARS 252.225-7048  Export-Controlled Items

DFARS 252.227-7027  Deferred Ordering of Technical Data or Computer Software

DFARS 252.227-7032  Right in Technical Data and Computer Software (Foreign)

DFARS 252.232-7003  Electronic Submission of Payment Requests and Receiving Reports

DFARS 252.232-7006  Wide Area Workflow Payment Instructions

DFARS 252.232-7010  Levies on Contract Payments

DFARS 252.243-7001  Pricing of Contract Modifications

DFARS 252.244-7000  Subcontract for Commercial Items

Full text of these provisions and clauses, with noted exceptions regarding local clauses, may be obtained by accessing the following internet website: https://www.acquisition.gov