SOLICITATION NOTICE
70 -- Cisco Ironport Hardware and Software - Justification
- Notice Date
- 9/9/2015
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541519
— Other Computer Related Services
- Contracting Office
- Department of Labor, Office of the Assistant Secretary for Administration and Management, Office of Procurement Services, 200 Constitution Avenue, NW, S-4307, Washington, District of Columbia, 20210-0001, United States
- ZIP Code
- 20210-0001
- Solicitation Number
- 15-OCIO-CIO-NAT-0428
- Point of Contact
- Leslie A Tabash,
- E-Mail Address
-
tabash.leslie.a@dol.gov
(tabash.leslie.a@dol.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- Limited Sources Justification (I) 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; proposals are being requested and a written solicitation will not be issued. (II) The solicitation number is 15-OCIO-CIO-NAT-0428 and is issued as a Request for Quotations (RFQ). (III)The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-83. (IV)The associated North American Industrial Classification System (NAICS) code for this procurement is 541519 with a size standard of $27.5 M. This acquisition is set aside for small businesses. (V) This combined solicitation/synopsis is for purchase of the following commercial services: CLIN DESCRIPTION OF ITEM NO. UNIT UNITS MEASURE 1 SMARTNET 8X5XNBD ESA C370 Email 12 EA Security Appliance with SW Part #: CON-SNT-C370-K9 2 SMARTNET 8X5XNBD ESA C170 Email Security 2 EA Appliance with SW Part #: CON-SNT-C170-K9 3 ESA Premium SW Bundle (AS, AV, OF, DLP, ENC) 12500 EA License (including Inbound Essentials Bundle(AS+AV+OF) 1YR Lic, 10K 19999 Users ESA-ESP-1Y-S9) Part #: ESA-ESP-LIC= (VI) Description of requirements is as follows: Background Information The Office Assistant Secretary for Administration and Management (OASAM) Office of the Chief Information Officer (OCIO) has a need to purchase hardware and software support for the Department of Labor (DOL) Cisco Ironport Email Security Appliances. These appliances protect the Common Email System used by the Enterprise Network user community from millions of unwanted, corrupted, malicious and / or infected messages each week. Technical Objectives The Office of the Chief Information Officer (OCIO) has a need to purchase renewal of the Cisco IronPort H/W and S/W components in support of DOLs Cisco Ironport Email Security Appliances (ESA). Period of Performance 1. The period of performance anticipated for license coverage is one 12-month base period with three 12-month option periods. 2. The 12-month maintenance periods shall commence upon Government receipt of the covered licenses and renewal of DOLs Cisco IronPort Email Security Appliance maintenance agreements. General Requirements The contractor shall provide and perform all of the software support contracts articulated herein for the U. S. Department of Labor OCIO Data Center. The Contractor shall independently perform all work and furnish all labor, materials, supplies, equipment, and services (except as otherwise specified in the contract.) All work will be monitored by the Government Project Officer identified in the contract. Delivery U.S. Department of Labor 200 Constitution Ave, N.W. Washington, DC 20210 (VIII) The provision at FAR 52.212-1, Instructions to Offerors - Commercial Items (APR 2014), applies to this acquisition. (IX) The provision at FAR 52.212-2, Evaluation - Commercial Items (OCT 2014), applies to this acquisition. The following evaluation criteria shall be used to evaluate offers: (1) Technical (2) Price (X) The offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (MAR 2015), with its proposal. (XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (May 2015), applies to this acquisition. (XII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (MAY 2015) applies to this acquisition. The following additional FAR clauses cited in the clause 52.212-5(b) are applicable to this acquisition: (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: 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). 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)). 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)). 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). 52.219-28, Post Award Small Business Program Representation (JUL 2013) (15 U.S.C 632(a)(2)). 52.222-3, Convict Labor (June 2003) (E.O. 11755). 52.222-21, Prohibition of Segregated Facilities (APR 2015). 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (JUL 2014) (38 U.S.C. 4212). 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793). 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (JUL 2014) (38 U.S.C. 4212). 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)). 52.222-54, Employment Eligibility Verification (AUG 2013). (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.) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). 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). 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (JUL 2013) (31 U.S.C. 3332). 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). The following additional FAR clauses are applicable to this acquisition: 52.202-1 DEFINITIONS (NOV 2013) 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014) 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014) 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014) 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND CERTIFICATIONS (DEC 2012) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (APR 2015) (XIII) Additional contract requirements: This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. 52.217-8 -- OPTION TO EXTEND SERVICES (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the contract expiration. 52.217-9 -- Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years. I.1 DOL Local Clause 2012-01-Organizational Conflict of Interest-OCI-1 Exclusion from Future Agency Contracts (DEC 2012) This clause supplements the FAR provisions on organizational conflicts of interest, located at FAR subpart 9.500 and should be read in conjunction with these provisions. To the extent there is any inconsistency or confusion between the two provisions, the FAR provision controls. (a) Work under this contract may create a future organizational conflict of interest (OCI) that could prohibit the Contractor from competing for, or being awarded, future Government contracts. The following examples illustrate situations in which organizational conflicts of interest may arise. They are not all inclusive, but will be used by the Contracting Officer as general guidance in individual contract situations: (1) Unequal Access to Information. The performance of this contract may provide access to "nonpublic information," which could provide the contractor an unfair competitive advantage in later solicitations or competitions for other DOL contracts. Such an advantage could be perceived as unfair by a competing Contractor who is not given similar access to the same nonpublic information that is related to the future procurement action. If you, as a contractor, in performing this contract, obtain nonpublic information that is relevant to a future procurement action, you may be required to submit and negotiate an acceptable mitigation plan prior to being deemed eligible to compete on the future action. Alternatively, the "nonpublic information" may be provided to all Contractors. (2) Biased Ground Rules. Your contract with DOL may have, in some fashion, established important "ground rules" for another DOL procurement in which you may desire to be a competitor. For example, this contract may involve you drafting the statement of work, specifications, or evaluation criteria for a future DOL procurement. The primary concern, in any such situation, is that any such firm could skew the competition, whether intentionally or not, or be perceived as having skewed the competition, in its own favor. If the requirements of this DOL contract anticipate the contractor may be placed in a position to establish important ground rules, including but not limited to those described herein, the contractor may be precluded from competing in the related action or, if possible, may be required to submit and negotiate an acceptable mitigation plan. (3) Impaired Objectivity. The performance of this contract may result in the contractor being placed in a situation where it is able, or required, to provide assessment and evaluation findings concerning itself, another business division, a subsidiary or affiliate, or other entity with which it has a significant financial relationship. The concern in this case is that the contractor's ability to render impartial advice to DOL could appear to be undermined by the contractor's financial or other business relationship to the entity whose work product is being assessed or evaluated. In these situations, a "walling off" of lines of communication between entities or divisions may be acceptable, but it also may not be sufficient to remove the perception that the objectivity of the contractor has been tainted. If the requirements of the DOL procurement indicate that a contractor may be placed in a position to provide evaluations and assessments of it or other entities with which it has a significant financial relationship, the affected contractor should notify DOL immediately. The contractor may also be required to provide a mitigation plan that includes recusal by the contractor from one of the affected contracts. Such recusal might include divestiture of the work to a third party. (b) In order to prevent a future OCI of any kind, the Contractor shall be subject to the following restrictions: (1) The Contractor may be excluded from competition for, or award of, any government contracts as to which, in the course of performing another contract, the Contractor has received nonpublic and competitively relevant information before such information has been made generally available to other persons or firms. (2) The Contractor may be excluded from competition for, or award of, any government contract for which the contractor actually assisted or participated in the development of specifications or statements of work. (3) The Contractor may be excluded from competition for or award of, any government contract which calls for it to evaluate itself, any affiliate, or any products or services produced or performed thereby. (4) The Contractor may be excluded from competition for, or award of, any government contract calling for the production or performance of any product or service for which the Contractor participated in the development of requirements or definitions pursuant to another contract. c) This clause shall not exclude the Contractor from performing work under any modification to this contract or from competing for award of any future contract for work that is the same or similar to work performed under this contract, so long as the conditions above are not present. This clause does not prohibit an incumbent from competing on a follow-on competition but the Contracting Officer may require a mitigation plan or other steps as needed to ensure that there has not been an unequal access to nonpublic competitively sensitive information. (d) The term "contractor" as used in this clause, includes any person, firm or corporation that owns or controls, or is owned or controlled by, the contractor. The term also includes the corporate officers of the contractor. (e) The agency may in its sole discretion, waive any provisions of this clause if deemed in the best interest of the Government. The exclusions contained in this clause shall apply for the duration of this contract and for three (3) years after completion and acceptance of all work performed hereunder, or such other period as the Contracting Officer shall direct. (f) If any provision of this clause excludes the Contractor from competition for, or award of any contract, the Contractor shall not be permitted to serve as a subcontractor, at any tier, on such contract. This clause shall be incorporated into any subcontracts or consultant agreements awarded under this contract unless the Contracting Officer determines otherwise. (End of Clause) I.2 DOL Local Clause 2012-02-Contractor's Obligation to Notify the Contracting Officer of a Request to Change the Contract Scope (MAR 2012) (a) Except for changes identified in writing and signed by the Contracting Officer, the Contractor is required to notify, within five working days of receipt or knowledge, any request for changes to this contract (including actions, inactions, and written or oral communications) that the Contractor regards as exceeding the scope of the contract. On the basis of the most accurate information available to the Contractor, the notice shall state: (1) The date, nature, and circumstances of the conduct regarded as a change in scope; (2) The name, function, and activity of each Government individual and Contractor official or employee involved in, or knowledgeable about, such conduct; (3) The identification of any documents and substance of any oral communication involved in such conduct; (b) Following submission of this notice, the Contractor shall continue performance in accordance with the contract terms and conditions, unless notified otherwise by the Contracting Officer. (c) The Contracting Officer shall promptly, within 5 business days after receipt of notice from the Contractor, respond to the notice in writing. In responding, the Contracting Officer shall either: (1) Confirm that the Contractor's notice identifies a change in the scope of the contract and directs the Contractor to stop work, completely or in part, in accordance with the Stop Work provisions of the contract; (2) Deny that the Contractor's notice identifies a change in scope and instruct the Contractor to continue performance under the contract. (End of Clause) I.3 DOL Local Clause 2014-03-Section 508 (JUN 2014) (a) Section 508 of the Rehabilitation Act, as amended in 1998 by Public Law 105-220 (the Workforce Investment Act), applies to Federal Agencies and the Contractors acting in support of the Agency. The Contractor is required to provide Section 508 systems and components when Federal agencies develop, procure, maintain, or use Electronic and Information Technology (EIT). The contractor shall ensure that its system and components allow Federal employees and members of the public with disabilities to access and use of information and data that is comparable to the access afforded Federal employees and members of the public who are not individuals with disabilities. The term electronic and information technology includes, but is not limited to, computers, printers, software applications, telecommunications products (such as telephones), information kiosks and transaction machines, Internet/Intranet sites, multimedia, and office equipment such as copiers and fax machines. (b) For all EIT procured, maintained, developed or used at DOL to include electronic documents, software, websites and webpages created or maintained by the Contractor, in order to meet Section 508 accessibility requirements, the Contractor shall: 1) Provide summary narrative text descriptions or a data tables describing each complex graphic (e.g., pie graphs, line graphs, maps, bar graphs, flow charts) in a separate comma-separated values/character-separated values (CSV) file. 2) Label each figure or graphic image with an alternate text description. 3) Contracted Contractor support staffs producing EIT deliverables must have a working knowledge of Section 508 and performing Quality Assurance Testing for Section 508; must include this information for the individuals proposed on the contract. 4) Contractors are responsible for having updated authoring and testing tools to produce Section 508 output on their own; the Government will not provide these tools. 5) Unless otherwise stated in the specification of the Contract, two digital copies of any report over 25 pages shall be delivered in media formats readable by Windows-based programs; one copy shall be formatted in Microsoft Word and the second shall be in the Portable Document Format (PDF). Color and/or black & white PDFs are acceptable. Unless permitted by the specifications, reports shall not be submitted in HTML format. (c) Additional information. 1) Additional information about accessibility standards related to Section 508 may be found at http://section508.gov/. The Section 508 Standards provide the minimum Government requirements. 2) Additional information on creating accessible.pdf files is available at http://www.section508.gov/docs/pdfguidanceforgovernment.pdf. (End of Clause) I.4 DOL Local Clause_DOL Class Deviation 2015-0001 Permanent Authority for Use of Simplified acquisition Procedures for Certain Commercial Items Subpart 13.5 - Test Program for Certain Commercial Items 13.500 General. (a) This subpart authorizes, as a test program, use of simplified procedures for the acquisition of supplies and services in amounts greater than the simplified acquisition threshold but not exceeding $6.5 million ($12 million for acquisitions as described in 13.500(e)), including options, if the contracting officer reasonably expects, based on the nature of the supplies or services sought, and on market research, that offers will include only commercial items. Under this test program, contracting officers may use any simplified acquisition procedure in this part, subject to any specific dollar limitation applicable to the particular procedure. The purpose of this test program is to vest contracting officers with additional procedural discretion and flexibility, so that commercial item acquisitions in this dollar range may be solicited, offered, evaluated, and awarded in a simplified manner that maximizes efficiency and economy and minimizes burden and administrative costs for both the Government and industry (10 U.S.C. 2304(g) and 2305 and 41 U.S.C. 3305, 3306, and chapter 37, Awarding of Contracts). (b) For the period of this test, contracting activities must employ the simplified procedures authorized by the test to the maximum extent practicable. (c) When acquiring commercial items using the procedures in this part, the requirements of part 12 apply subject to the order of precedence provided at 12.102(c). This includes use of the provisions and clauses in Subpart 12.3. (d) Under 41 U.S.C. 1903, the simplified acquisition procedures authorized by this test program may be used for acquisitions that do not exceed $12 million when- (1) The acquisition is for commercial items that, as determined by the head of the agency, are to be used in support of a contingency operation or to facilitate the defense against or recovery from nuclear, biological, chemical, or radiological attack; or (2) The acquisition will be treated as an acquisition of commercial items in accordance with 12.102(f)(1). (End Clause) I.5 DOL Local Clause_DOL Class Deviation 2015-0002 (52.203-98 Provision)-Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (MAR 2015) (a) In accordance with Section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Contractor represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) I.6 DOL Local Clause_DOL Class Deviation 2015-0002 (52.203-9 Clause)-Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (MAR 2015) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause. (End of clause) I.7 DOL Local Clause 2015-03-Internet Protocol Version 6 (IPv6) (MAY 2015) (a) Any system or product that includes: hardware, software, firmware, and/or networked components including but not limited to voice, video, or data that is developed, procured, or acquired in support and/or performance of this requirement shall be capable of transmitting, receiving, processing, or forwarding digital information across system boundaries that are formatted in accordance with commercial standards of Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication 500-267) and corresponding declarations of conformance defined in the USGv6 Test Program. (b) This IPv6 capable system or product shall maintain interoperability with IPv4 systems and provide the same level of performance and reliability capabilities of IPv4 systems. (c) This IPv6 capable system or product shall have available IPv4 and IPv6 technical support for development, implementation, and troubleshooting of the system. (d) This IPv6 capable system or product can be upgraded, or the Contractor will provide an appropriate migration path for industry-required changes to IPv6 as the technology evolves, at no additional cost to the Government. (e) This IPv6 capable system or product must be able to operate on networks supporting IPv4 & IPv6, as well as networks that support both. (f) Any system or product whose IPv6 non-compliance is discovered and made known to the vendor/contractor within 12 months of the start of performance shall be upgraded, modified, replaced, or brought in to compliance at no additional cost to the Federal Government. (End of clause) I.8 DOL 2015-04 Federal Electronics Recycling Clause (JUL 2015) (a) Contractor shall be certified by an accredited certification body for conformance to either the Responsible Recycling (R2) standard or the e-Stewards standard. (b) Contractor shall maintain a valid certification throughout the period of performance of the contract. (c) Contractor shall provide proof of valid certifications for R2 and/or e-Stewards. (d) Contractor shall provide evidence that the guidance specified in NIST SP 800-88 (Media Sanitization) is followed and the Contractor performs regular reviews and training with the sanitization team to ensure all standards and guidance are being met. (End of clause) DOLAR 2952.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (MAY 2004) (a) TBD is hereby designated to act as contracting officer's technical representative (COR) under this contract. (b) The COR is responsible, as applicable, for: receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment. (c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the contracting officer must issue such changes. Third party vendors will NOT be accepted. The vendor shall quote ALL items; provide a Cisco reseller letter and any additional authorized reseller/certification letters to be eligible for award. A vendor's failure to attach all proper documentation requested in the RFQ will NOT be considered for award. (XIV) Defense Priorities and Allocations System (DPAS): N/A (XV) Offers are due no later than 5:00 P.M. ET on 11 SEP 2015. All offers must be e-mailed to the attention of Leslie Tabash, E-mail: Tabash.leslie.a@dol.gov. (XVI) Any questions regarding this solicitation should be directed to Leslie Tabash at E-mail: Tabash.leslie.a@dol.gov.
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