SOLICITATION NOTICE
70 -- FireEye HW 7300 MPS and Accessories
- Notice Date
- 4/25/2012
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 443120
— Computer and Software Stores
- Contracting Office
- Department of the Air Force, Direct Reporting Units, USAF Academy - 10 CONS, 8110 Industrial Drive, Suite 200, USAF Academy, Colorado, 80840-2315, United States
- ZIP Code
- 80840-2315
- Solicitation Number
- FA7000-12-T-0040
- Point of Contact
- Allison J. Norder, Phone: 7193333988, Russell W. Jordan, Phone: 7193333961
- E-Mail Address
-
allison.norder@usafa.af.mil, russ.jordan@usafa.af.mil
(allison.norder@usafa.af.mil, russ.jordan@usafa.af.mil)
- Small Business Set-Aside
- N/A
- Description
- FireEye HW 7300 MPS and Accessories Combined Synopsis/Solicitation IAW FAR 12.603 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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 (formal) solicitation will not be issued. This solicitation is issued as a Request for Quotation (RFQ), solicitation number FA7000-12-T-0040, in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-58, 18 April 2012. The North American Industry Classification System Code [NAICS] is 443120 and the size standard is $25.5 Million. All responsible sources may submit a quote, which if received timely, will be considered by the 10th Contracting Squadron, USAF Academy (USAFA). Please note: The government bares no legal liability for bid cost associated with this request for quote. Vendor should not submit a quote unless they are willing to absorb all costs associated with submitting a quote. Please read and comply with all requirements for submitting a quote. Failure to comply with all instructions contained within this RFQ could result in the quote being ineligible for award. It is the offeror's responsibility to ensure their quote meets all the requirements identified herein. ITEM DESCRIPTION: The United States Air Force Academy Communications Squadron has a requirement to purchase aFireEye HW-7300 Web MPS and Accessories listed below. REQUIREMENTS FOR QUOTE Prices quoted must be Firm-Fixed Price to include shipping and handling charges based on F.O.B Destination to IT Accountability, 5136 Community Center Drive, East Load Dock, USAF Academy CO 80840. Provide pricing for each of the following line items: Description_____________ Qty______ Unit Price _______Extended Price LINE ITEM 0001 HW-7300 Web MPS Part Number 7300WB-HW 1 each $_____ $_________ LINE ITEM 0002 Rackmount Kit, 4-Post 425-RAIL4P-A1 1 each $_____ $_________ LINE ITEM 0003 MPC 7300 Web MPS 1-way 1 Year Part Number 7300WB-1WMPC1Y 1 each $_____ $_________ LINE ITEM 0004 Support 7300Web MPS Prem 1 Year Part Number 7300WB-PRM1Y 1 each $_____ $_________ TOTAL PRICE $ ________________ The following Federal Acquisition (FAR) clauses apply to this combined synopsis/solicitation and offerors must comply with all instructions contained in FAR 52.212-1, Instructions to Offerors--Commercial Items, addenda applies: The contractor shall submit their quote on company letterhead to include the following: solicitation number, contact name, address, telephone number of the offeror, unit price, extended price, any discount terms, delivery terms, cage code, DUNS number, tax identification number, size of business, warranty information and acknowledgement of solicitation amendments if required. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. Quotes must contain adequate information to judge if products meet or exceed the salient characteristics supplied in the solicitation. Addendum to 52.212-1 paragraph c, the offeror agrees to hold the prices in its offer firm for 45 days from date of RFQ closing (7 May 2012, 12:00 P.M. Mountain Standard Time). Quotes submitted with used, reconditioned, refurbished, gray market, or liquidated stock will not be considered for award. Quotes must be received no later than 12:00 P.M Mountain Standard Time, 7 May 2012 to allison.norder@us.af.mil. Questions should be addressed to the Primary POC Allison Norder, Contract Specialist, USAF Academy (719) 333-3988, allison.norder@us.af.mil. Alternate POC is Russell Jordan, Contracting Officer, (719) 333-3961, russ.jordan@us.af.mil. Offers received after this date and time will be considered late in accordance with 52.212-1(f) and will not be considered unless it is received before award is made, and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. a. Prices quoted must be Firm-Fixed Price, to include shipping and handling charges based on F.O.B Destination. Quotes received with FOB: Other than Destination will not be considered. b. The provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Alt I), must be completed. Offerors are HIGHLY ENCOURAGED to complete all representations and certifications electronically on line at: (http://orca.bpn.gov/publicsearch.aspx). If not completed on-line, 52.212-3, Alt I shall be completed in hard copy and submitted with quote. c. In accordance with FAR 52.212-4(t), Central Contractor Registration (CCR) contractors must be registered with CCR to conduct business with the Department of Defense. No purchase order can be awarded to any company without this registration. (www.ccr.gov) FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998): This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: http://farsite.hill.af.mil/. CLAUSES INCORPORATED BY REFERENCE 52.212-4 Contract Terms and Conditions-Commercial Items (JUN 2010) 52.204-10 Reporting Executive Compensation and first-Tier subcontract Awards (JUN 2010) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.219-28 Post-Award Small Business Program Representation (APR 2009) 52.222-3, Convict Labor (JUN 2003) 52.222-19, Child Labor -- Cooperation with Authorities and Remedies (JUL 2010) 52.222-21, Prohibition of Segregated Facilities (FEB 1999) 52.222-26, Equal Opportunity (MAR 2007) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) 52.222-50, Combat Trafficking in Persons (FEB 2009) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (SEP 2010) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) 52.233-3, Protest After Award (AUG 1996) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) 252.225-7002 Qualifying Country Sources as Subcontractors (APR 2003) 252.232-7003 Electronic Submission of Payment Requests and Receiveing Reports (MAR 2008) DFARS 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DEVIATION) (APR 2010) APPLIES TO THIS ACQUISITION. Additional FAR and FARS clauses cited in the clause applicable to this acquisition are: 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (JAN 2009) 252.225-7001 Buy American Act and Balance of Payments Program (OCT 2011) 252.225-7002 Qualifying Country Sources as Subcontractors (APR 2003) 252.232-7003 Electronic Submission of Payments Request (MAR 2008) 252.232-7010 Levies on Contract Payments (DEC 2006) (End of clause) CLAUSES INCORPORATED BY FULL TEXT The provision at FAR 52.212-2, Evaluation--Commercial Items applies to this acquisition: 52.212-2 Evaluation--Commercial Items (JAN 1999) (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: • Low Price • Meets Salient Characteristics referenced in Item Description. Paragraphs b and c are not applicable as shown below: (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. FAR 52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (May 2011) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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. (b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) Reserved. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) Reserved (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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) 252.225-7000 Buy American Act--Balance of Payments Program Certificate BUY AMERICAN ACT--BALANCE OF PAYMENTS PROGRAM CERTIFICATE (JAN 2009) (a) Definitions. "Commercially available off-the-shelf (COTS) item,""domestic end product," "foreign end product," "qualifying country," "qualifying country end product," and "United States" have the meanings given in the Buy American Act and Balance of Payments Program clause of this solicitation. (b) Evaluation. The Government- (1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American Act or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American Act and Balance of Payments Program clause of this solicitation, the offeror certifies that- (i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and (ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The offeror certifies that the following end products are qualifying country end products: Line Item Number Country of Origin (3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of "domestic end product": Line Item Number Country of Origin (If known) 252.225-7001 Buy American Act and Balance of Payments Program. As prescribed in 225.1101(2)(i), use the following clause: BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (JAN 2009) (a) Definitions. As used in this clause (1) "Commercially available off-the-shelf (COTS) item"- (i) Means any item of supply (including construction material) that is- (A) A commercial item (as defined in paragraph (1) of the definition of "commercial item" in section 2.101 of the Federal Acquisition Regulation); (B) Sold in substantial quantities in the commercial marketplace; and (C) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (ii) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. 40102), such as agricultural products and petroleum products. (2) "Component" means an article, material, or supply incorporated directly into an end product. (3) "Domestic end product" means- (i) An unmanufactured end product that has been mined or produced in the United States; or (ii) An end product manufactured in the United States if- (A) The cost of its qualifying country components and its components that are mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. The cost of components includes transportation costs to the place of incorporation into the end product and U.S. duty (whether or not a duty-free entry certificate is issued). Scrap generated, collected, and prepared for processing in the United States is considered domestic. A component is considered to have been mined, produced, or manufactured in the United States (regardless of its source in fact) if the end product in which it is incorporated is manufactured in the United States and the component is of a class or kind for which the Government has determined that- (1) Sufficient and reasonably available commercial quantities of a satisfactory quality are not mined, produced, or manufactured in the United States; or (2) It is inconsistent with the public interest to apply the restrictions of the Buy American Act; or (B) The end product is a COTS item. (4) "End product" means those articles, materials, and supplies to be acquired under this contract for public use. (5) "Foreign end product" means an end product other than a domestic end product. (6) "Qualifying country" means any country set forth in subsection 225.872-1 of the Defense Federal Acquisition Regulation Supplement (DFARS). (7) "Qualifying country component" means a component mined, produced, or manufactured in a qualifying country. (8) "Qualifying country end product" means- (i) An unmanufactured end product mined or produced in a qualifying country; or (ii) An end product manufactured in a qualifying country if the cost of the following types of components exceeds 50 percent of the cost of all its components: (A) Components mined, produced, or manufactured in a qualifying country. (B) Components mined, produced, or manufactured in the United States. (C) Components of foreign origin of a class or kind for which the Government has determined that sufficient and reasonably available commercial quantities of a satisfactory quality are not mined, produced, or manufactured in the United States. (9) "United States" means the 50 States, the District of Columbia, and outlying areas. (b) This clause implements the Buy American Act (41 U.S.C. Section 10a-d). In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for an end product that is a COTS item (see section 12.505(a)(1) of the Federal Acquisition Regulation). Unless otherwise specified, this clause applies to all line items in the contract. (c) The Contractor shall deliver only domestic end products unless, in its offer, it specified delivery of other end products in the Buy American ActBalance of Payments Program Certificate provision of the solicitation. If the Contractor certified in its offer that it will deliver a qualifying country end product, the Contractor shall deliver a qualifying country end product or, at the Contractor's option, a domestic end product. (d) The contract price does not include duty for end products or components for which the Contractor will claim duty-free entry. (End of clause) 5352.201-9101 Ombudsman (June 2011) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the USAF Academy Ombudsmen, Kelly Snyder 8110 Industrial Drive, Ste 103 USAFA, CO 80840 Telephone number 719-333-2074 FAX 719-333-9018 email: Kelly.snyder@us.af.mil Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067. (d) The ombudsman has no authority to render a decision that binds the agency (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer (End of clause) 5352.242-9000 Contract Access to Air Force Installations (Aug 2007) (a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation. (b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, valid vehicle insurance certificate, and [insert any additional requirements to comply with local security procedures] to obtain a vehicle pass. (c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site. (d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with [insert any additional requirements to comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management,] citing the appropriate paragraphs as applicable. (e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. (f) Failure to comply with these requirements may result in withholding of final payment. (End of clause)
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/USAF/DRU/10ABWLGC/FA7000-12-T-0040/listing.html)
- Place of Performance
- Address: IT Accountability, 5136 Community Center Drive, East Load Dock, USAF Academy, Colorado, 80840, United States
- Zip Code: 80840
- Zip Code: 80840
- Record
- SN02730696-W 20120427/120425235210-5376dae6351e6d80d6613edf3a2b4788 (fbodaily.com)
- Source
-
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