PRESOL | 70 | Layer 7 SOA Gateway Appliance - ATTACHMENT A

FBO DAILY ISSUE OF AUGUST 19, 2012 FBO #3921
SOLICITATION NOTICE

70 -- Layer 7 SOA Gateway Appliance - ATTACHMENT A

Notice Date: 8/17/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 541512 — Computer Systems Design Services
Contracting Office: Department of Commerce, Patent and Trademark Office (PTO), Office of Procurement, P. O. Box 1450 - Mail Stop 6, 600 Dulany Street, MDE, 7th Floor, Alexandria, Virginia, 22313-1450
ZIP Code: 22313-1450
Solicitation Number: 289P1251330
Archive Date: 8/25/2012
Point of Contact: Becky Morehart, Phone: 571-272-6560
E-Mail Address: Becky.Morehart@uspto.gov
(Becky.Morehart@uspto.gov)
Small Business Set-Aside: Total Small Business
Description: Attachment A - Specifications-Pricing - RFQ 289P1251330 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 solicitation will not be issued. This solicitation number 289P1251330 is issued as a Request for Quotation (RFQ). This requirement is 100% small business set aside and firm fixed price. The NAICS code is 541512 and the associated small business size standard is $25.5M. The United States Patent and Trademark Office (USPTO) plans to award a firm fixed price commercial item purchase order, utilizing simplified acquisition procedures, for the following brand-name only products: Layer 7 Hardware (SOA Gateway Appliance), associated licenses, standard warranty, maintenance, and associated professional services. The Offeror shall provide new products only, covered by the manufacturer's warranty. Reconditioned or remanufactured products are not acceptable. The required products, maintenance and services are described in Attachment (1) to this announcement. Award will be made on the basis of the lowest evaluated price and technically acceptable quote. Due to the proprietary nature of the manufacturer's equipment, the Offeror must be an authorized reseller of the manufacturer part numbers for the Layer 7 products listed in the attached specifications or the manufacturer. To be eligible for award, the Offeror shall meet the following criteria: (1) 100% small business set-aside; (2) Currently be registered in the Federal Government's Systems for Award Management (SAM) Database; (3) Be able to deliver products to USPTO/Evolver Fleet Warehouse, Fleet Industrial Park located at 6644 Fleet Drive Alexandria, VA 22310 no later than 30 days after receipt of award; (4) Be determined to be Responsible in accordance with Federal Acquisition Regulation (FAR) Part 9.1; (5) Offerors must submit any applicable license agreements; and (6) Shipping and handling shall be free on board (FOB) destination. All qualified Offerors should submit a firm fixed price (FFP) quote (inclusive of ALL costs including shipping FOB Destination) for the items listed in the attached specifications (See Attachment 1) under the following terms and conditions: This solicitation incorporates all of the applicable provisions of FAR clause 52.212-1, Instructions to Offerors-Commercial (June 2008). Offerors must include a completed copy of the provision at 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (APR 2012), with its offer or state that it has completed representations and certifications on the Online Representations and Certifications Application (ORCA) and that these representations are still valid. Any resulting purchase order will contain the terms and conditions of FAR clause 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (FEB 2012) and the applicable terms and conditions of FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS- COMMERCIAL ITEMS (April 2012). FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (April 2012) (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) 52.222-50, 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) ). (2) 52.233-3, Protest After Award (A UG 1996) ( 31 U.S.C. 3553 ). (3) 52.233-4, Applicable Law for Breach of Contract Claim (O CT 2004) (Pub. L. 108-77, 108-78). (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.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) ( 41 U.S.C. 253g and 10 U.S.C. 2402 ). __ (2) 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 )). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) ( 31 U.S.C. 6101 note ). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). __ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). __ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2012) (41 U.S.C. 2313). __ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) ( 15 U.S.C. 657a ). __ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (J AN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a ). __ (11) [Reserved] _ ü _ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) ( 15 U.S.C. 644 ). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (13)(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. __ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) ( 15 U.S.C. 637(d)(2) and (3)). __ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) ( 15 U.S.C. 637(d)(4) ). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)( 15 U.S.C. 644(r) ). _ ü _ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) ( 15 U.S.C. 637(a)(14) ). __ (18) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) ( 15 U.S.C. 637(d)(4)(F)(i) ). __ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (O CT 2008) ( 10 U.S.C. 2323 ) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323 ). __ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323 ). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) ( 15 U.S.C. 657 f ). _ ü _ (23) 52.219-28, Post Award Small Business Program Representation (Apr 2009) ( 15 U.S.C. 632(a)(2) ). __ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) ( 15 U.S.C. 637(m) ). __ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) ( 15 U.S.C. 637(m) ). _ ü _ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _ ü (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _ ü _ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _ ü _ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)( 38 U.S.C. 4212 ). _ ü _ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) ( 29 U.S.C. 793 ). __ (32) 52.222-37, Employment Reports on Veterans (S EP 2010) (38 U.S.C. 4212). __ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (34) 52.222-54, Employment Eligibility Verification (J AN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (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) 52.223-15, Energy Efficiency in Energy-Consuming Products (D EC 2007) ( 42 U.S.C. 8259b ). __ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (D EC 2007) (E.O. 13423). __ (ii) Alternate I (D EC 2007) of 52.223-16. __ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (A UG 2011) (E.O. 13513). _ ü _ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) ( 41 U.S.C. 10a-10d ). __ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Mar 2012) ( 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, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, and Pub. L. 112-41). __ (ii) Alternate I (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Mar 2012) of 52.225-3. __ (41) 52.225-5, Trade Agreements (M AR 2012) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _ ü _ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150 ). __ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) ( 42 U.S.C. 5150 ). __ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) ( 41 U.S.C. 255(f), 10 U.S.C. 2307(f) ). __ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) ( 41 U.S.C. 255(f), 10 U.S.C. 2307(f) ). _ ü _ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) ( 31 U.S.C. 3332 ). __ (48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) ( 31 U.S.C. 3332 ). __ (49) 52.232-36, Payment by Third Party (Feb 2010) ( 31 U.S.C. 3332 ). __ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a ). __ (51)(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) 52.222-41, Service Contract Act of 1965 (Nov 2007) ( 41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) ( 29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222- 43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) ( 29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) ( 29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) ( 41 351, et seq. ). __ (6) 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. ). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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 (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 (Dec 2010) ( 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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (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) 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. (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 (J AN 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) In addition, Section 508 requirements apply to this acquisition: (1) 36 CFR Part 1194.2 Software applications and operating systems; (2) 36 CFR Part 1194.22 Web-based internet and intranet information and application; and (3) 36 CFR Part 1194.41 Information, documentation, and support documentation requirements. FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000) (a) The Government may extend the term of this purchase order by written notice to the Contractor within 15 days of the expiration of the period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the purchase order expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended purchase order shall be considered to include this option clause. (c) The total duration of this purchase order, including the exercise of any options under this clause, shall not exceed 2 years. (End of clause ) Any qualified Offeror wishing to submit a quote on the above requirement shall submit an electronic quote and adhere to terms and conditions as set forth herein. Failure to address each requirement will result in exclusion from consideration for award. All quotes shall be submitted electronically via email to Becky.M orehart@uspto.gov by 5:00 P.M. (EST) on August 24, 2012. All inquiries regarding this combines synopsis/solicitation shall be submitted via email to Becky.Morehart@uspto. gov. Attachments: Attachment 1: Specifications/Schedule of Prices
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DOC/PTO/OPDC20220/289P1251330/listing.html)
Place of Performance: Address: U.S. Patent and Trademark Office, 600 Dulany Street, MDE, Alexandria, Virginia, 22314, United States; Zip Code: 22314
Record: SN02844473-W 20120819/120817235527-5d027e54466ea22ef54e0666a1476ae2 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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70 -- Layer 7 SOA Gateway Appliance - ATTACHMENT A