100g Network Firewall Application Re-Issue

DESCRIPTION: THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. The National Institute of Standards and Technology (NIST) is re-issuing a Request for Quotations (RFQ) for 100g Network Firewall Application. The associated North American Industrial Classification System (NAICS) code for this procurement is 541512 - Computer Systems Design Services, with a small business size standard of $27.5 million. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-88. This acquisition is 100% set-aside for small business. Line Item Description Qty. Unit Unit Price Total 0001 100g Network Firewall Appliance with one-year hardware and support 1 LO Specifications: See attached document titled "Specification/Statement of Requirement". Minimum Requirements: The acquired products/services shall meet or exceed the requirements of the Specifications document. Acceptance/Inspection: See attached document titled "Specifications/Statement of Requirements". Freight/Shipping Charges: Not applicable Warranty and Maintenance: 1-year warranty and maintenance on hardware and software support is required. Delivery/Period of Performance: Delivery shall occur 6-weeks after receipt of order. Attachments: 1. Specifications/Statement of Requirements ________________________________________ PROVISIONS AND CLAUSES: The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR clauses may be viewed at http://acquisition.gov/comp/far/index.html. All Commerce Acquisition Regulations (CAR) clauses may be viewed at http://farsite.hill.af.mil/VFCARA.HTM. Provisions: 52.212-1, Instructions to Offerors-Commercial Items 52.212-3, Offeror Representations and Certifications-Commercial Items Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2014) (1) In accordance with Sections 536 and 537 of Division B of Public Law 113-76 Consolidated Appropriations Act, 2014, none of the funds made available by Consolidated Appropriations Act, 2014 funding may be used to enter into a contract with any corporation that- (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or (b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) The Offeror represents that, as of the date of this offer- (a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (End of provision) Certification By Offerors Regarding Federal Income Tax Filing And Federal Income Tax Violations. (Class Deviation) (March 2015) (a) In accordance with Section 523 of Division B, Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235) none of the funds made available by the Act may be used to enter into a contract in an amount greater than $5,000,000 unless the prospective contractor certifies in writing to the U.S. Consolidated and Further Continuing that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. (b) The Offeror's proposal shall include a signed written certification as follows - To the best of my knowledge and belief, ---(name of offeror)--- has filed the Federal tax returns required during the three years preceding this certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. Firm _____________________________________________ Signature _________________________________________ Name ____________________________________________ Title _____________________________________________ Date of execution __________________________________ (End of provision) 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02) (FEB 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 Offeror 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) FAR Clauses: 52.212-4, Contract Terms and Conditions-Commercial Items 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items-Commercial (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.203-6 Restrictions on Subcontractor Sales to the Government; 52.204-10 Reporting Executive Compensation; 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment; 52.219-6 Notice of Total Small Business Set-Aside; 52.219-8 Utilization of Small Business Concerns; 52.219-14 Limitation on Subcontracting; 52.219-28 Post Award Small Business Program Re-representation; 52.222-3 Convict Labor; 52.222-19 Child Labor - Cooperation With Authorities And Remedies; 52.222-21 Prohibition of Segregated Facilities; 52.222-26 Equal Opportunity; 52.222-35 Equal Opportunity for Veterans; 52.222-36 Affirmative Action for Workers with Disabilities; 52.222-37 Employment Reports on Veterans; 52.222-40 Notification of Employee Rights Under the Nation Labor Relations Act; 52.222-50 Combating Trafficking in Persons 52.223-18 Contractor Policy to Ban Text Messaging While Driving; 52.225-13 Restriction on Certain Foreign Purchases; 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran; 52.232-33 Payment by Electronic Funds Transfer-System for Award Management 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02) (FEB 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 Offeror 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) 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (FEB 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) Assurance by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015) (1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by Consolidated and Further Continuing Appropriations Act, 2015 and subsequent appropriations acts may be used to enter into a contract with any corporation that - (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or (b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) By accepting this award or order, in writing or by performance, the offeror/contractor assures that - (a) The offeror/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b)The offeror/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (End of Clause) Commerce Acquisition Regulations (CAR) Clauses: 1352.201-70, Contracting Officer's Authority 1352.201-72, Contracting Officer's Representative (COR) 1352.209-73, Compliance With the Laws 1352.209-74, Organizational Conflict of Interest 1352.215-72, Inquiries Offerors must submit all questions concerning this solicitation in writing to the Contracting Officer. Questions should be received no later than 12:00 pm EST, 5 calendar days from the posting date. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Requests shall include complete company name, address, telephone and e-mail address. FAX AND OR PHONE REQUESTS ARE NOT AUTHORIZED AND WILL NOT BE ACCEPTED. 1352.233-70, Agency Protests (APR 2010) (a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999). (b) Agency protests filed with the Contracting Officer shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION ATTN: DIVYA SONI, CONTRACTING OFFICER 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION ATTN: HEAD OF THE CONTRACTING OFFICE (HCO) 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, NW. Washington, DC 20230 FAX: (202) 482-5858. (End of clause) 1352.233-71, GAO and Court of Federal Claims Protests (APR 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, NW. Washington, DC 20230 FAX: (202) 482-5858. (End of clause) NIST Local Clause_04 Billing Instruction NIST prefers electronic Invoice/Voucher submissions and they should be emailed to INVOICE@NIST.GOV. (b) Each Invoice or Voucher submitted shall include the following: (1) Contract Number. (2) Contractor Name and Address. (3) Date of Invoice. (4) Invoice Number. (5) Amount of Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number (CLIN). (7) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services Delivered. (8) Prompt Payment Discount Terms, if Offered. (9) Any other information or documentation required by the contract. (c) In the event electronic submissions are not used, The Contractor shall submit an original invoice or voucher in accordance with the payment provisions of this contract to: NIST: Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621. (End of clause) ________________________________________ Addendum to Far 52.212-1, Quotation Preparation Instructions: 1. Administrative Information The Administrative Information section of the price quotation shall contain the following: A. The solicitation number SB1341-16-RQ-0262c; B. The name, address, and telephone number of the offeror; 2. Technical Quotation The technical quotation shall address Technical Capability: The Offeror shall submit a technical description or product literature for the equipment it is proposing, which clearly identifies the manufacturer, make and model. The Offeror must demonstrate that its proposed product meets or exceeds each minimum requirement. If applicable, evidence that the Offeror is authorized by the original product manufacturer to provide the item(s) in the quotation should be included. 3. Price Quotation The price quotation shall address the following: A. The solicitation number SB1341-16-RQ-0262c; B. The name, address, and telephone number of the offeror; C. A total firm-fixed price for the requirement, which shall be the sum of the firm-fixed prices proposed for each of the required line items identified above; D. Any applicable discount terms; E. A statement that the Offeror agrees to all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. F. A statement that the quotation is valid for a minimum of 60 days from the response deadline of this solicitation. ________________________________________ Quotation Evaluation: The Government intends to award a Firm Fixed Price Purchase Order to an Offeror who presents a technically acceptable offer at the lowest price. The Contracting Officer intends to award without discussions, but reserves the right to enter into discussions if it is in the best interest of the Government. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability and 2) Price. 1. Technical Capability Offeror's technical quotation will be evaluated to determine if the Offeror provides a sound, compliant product/approach that meets or exceeds each of the minimum requirements of the Government's Specification/Statement of Requirements (attached). An evaluation of Technically Acceptable / Non-Acceptable will be assigned upon completion of the technical quotation evaluation. Offerors who fail to provide sufficient information (e.g. data sheets, specifications, etc.) that clearly demonstrates an ability to meet the Government's technical specifications shall be considered non-acceptable. If an evaluation of Non-Acceptable is received, the Offeror will not be considered for Award. 2. Price Your company is encouraged to discount its rates. If price discounts are offered, identify the percentage of price discount and/or price reduction offered. Price shall not be evaluated on quotes that are determined technically unacceptable under the Technical Capability Evaluation factor. Due Date and Response Information: Offerors capable of furnishing the specified equipment in this combined synopsis/solicitation should submit their quote in writing to Chantel Adams electronically at chantel.adams@nist.gov and Divya Soni electronically at divya.soni@nist.gov. FAX quotations shall not be accepted. Offerors shall submit their quotations so that NIST receives them not later than 1:00 pm EST, July 29, 2016.