Commvault Backup Maintenance FY 24 Renewal

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, "Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services," as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued. This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-02 Effective: 12/04/2023 The associated North American Industrial Classification System (NAICS) code for this procurement is 518210. The associated Federal Supply Code (FSC) / Product Service Code (PSC) procurement is 7B20. The Naval Research Laboratory (NRL), located in Monterey, CA is seeking to purchase Commvault Software Backup Maintenance FY-24 Renewal . ___X__ See Chart Below Line Item Description Quantity 1 Commvault Backup Maintenance FY24 Renewal 1 FAR 52.212-1 has been tailored to include the following additional instructions: - This procurement is for new equipment ONLY, unless otherwise specifically stated. No remanufactured or "gray market" items are acceptable. All equipment must be covered by the manufacturer's warranty. - Vendor shall be an Original Equipment Manufacturer (OEM), an OEM authorized dealer, an authorized distributor, or an authorized reseller for the proposed equipment/system such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty, and service associated with the equipment/system shall be in accordance with the OEM terms and conditions - Offerors are required to submit documentation from the manufacturer stating that they are an authorized distributor for the specific items being procured. Delivery Address: ___X_____ U.S. Naval Research Laboratory Monterey 7 Grace Hopper Ave Monterey, CA 93943 **FOB DESTINATION IS THE PREFERRED METHOD** Estimated Delivery Time: __________________ For FOB ORGIN, please provide the following information: FOB Shipping Point: _______________________ Estimated Shipping Charge: _________________ Dimensions of Package(s): ____________________ Shipping Weight: __________________________ The following FAR & DFARS provisions and clauses as identified below are hereby incorporated. Any FAR & DFARS provisions or clauses not applicable by their terms shall be self-deleting. Any FAR or DFARS provisions or clause(s) erroneously, or otherwise, omitted, that which should have been included by their terms, shall be considered to be incorporated into this solicitation and any resultant contract. The full text of FAR & DFARS provisions and clauses may be accessed electronically at https://www.acquisition.gov. The clauses and provisions identified below are to be considered the most up-to-date version, as accessible at https://www.acquisition.gov/. 52.203-11, Certification & Disclosure Regarding Payments to Influence Certain Federal Transactions 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements'Representation 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-7, System for Award Management 52.204-16, Commercial and Government Entity Code Reporting 52.204-17, Ownership or Control of Offeror 52.204-20, Predecessor of Offeror 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment - Attached below to be completed and returned with Quote/Proposal. 52.204-26, Covered Telecommunication Equipment or Services - Representation 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.211-14, Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use (Apr 2008) 52.212-1, "Instructions to Offerors-Commercial Items" 52.212-3, "Offerors Representations and Certifications-Commercial Items and Commercial Services" 52.217-5, Evaluation of Options 52.219-1, Small Business Program Representations 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals Representation 52.225-18, Place of Manufacture 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran'Representation and Certifications 52.237-1, Site Visit 52.252-1, Solicitation Provisions Incorporated by Reference NRL also includes the following provisions that must be completed and returned by the offeror: 1. FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation. 2. FAR 52.222-22, Previous Contracts and Compliance Reports 3. FAR 52.222-25, Affirmative Action Compliance Offerors must complete annual representations and certifications on-line at https://www.sam.gov/ in accordance with FAR 52.212-3, "Offerors Representations and Certifications-Commercial Items." If paragraph (j) of the provision is applicable, a written submission is required. The following contract FAR CLAUSES apply to this acquisition, unless not applicable by their terms, in which case shall be considered self-deleting. Any FAR clause erroneously, or otherwise, omitted, that which should have been included by their terms, shall be considered to be incorporated into this solicitation and any resultant contract: 52.212-4, Contract Terms and Conditions-Commercial Items 52.203-3, Gratuities (APR 1984) 52.203-12, Limitation of Payments to Influence Certain Federal Transactions 52.204-9, Personal Identity Verification of Contractor Personnel 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-18, Commercial and Government Entity Code Maintenance 52.204-19, Incorporation by Reference of Representations and Certifications 52.204-21, Basic Safeguarding of Covered Contractor Information Systems 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations 52.219-8, Option to Extend Services 52.217-9, Option to Extend the Term of the Contract 52.219-28, Post-Award Small Business Program Rerepresentation 52.232-1, Payments 52.232-8, Discounts for Prompt Payment 52.232-11, Extras 52.232-23, Assignment of Claims 52.232-39, Unenforceability of Unauthorized Obligations 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 52.233-1, Disputes 52.233-3, Protest After Award 52.233-4, Applicable Law for Breach of Contract Claim 52.243-1, Changes-Fixed-Price 52.247-34, F.O.B Destination 52.249-1, Termination for Convenience of the Government (Fixed Price)(Short Form) 52.249-4, Termination for Convenience of the Government (Services)(Short Form) 52.252-2, Clauses Incorporated By Reference 2. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - The following subparagraphs of FAR 52.212-5 are applicable, unless otherwise not applicable by their terms, in which case shall be considered self-deleting: 52.204-10 52.209-6 52.219-6 52.222-3 52.222-19 52.222-21 52.222-26 52.222-36 52.222-50 52.223-18 52.225-13 52.232-33 3. DFARS 212.301 - Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Items DoD Class Deviation 2018-O0021, Commercial Item Omnibus Clause for Acquisitions Using the Standard Procurement System, issued October 1, 2018 (Revised October 1, 2018): DoD Class Deviation 2018-O0021 The following solicitation DFARS PROVISIONS apply to this acquisition, unless not applicable by their terms, in which case shall be considered self-deleting. Any DFARS Provisions erroneously, or otherwise, omitted, that which should have been included by their terms, shall be considered to be incorporated into this solicitation: 252.203-7005, Representation Relating to Compensation of Former DoD Officials 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls 252.204-7016, Covered Defense Telecommunications Equipment or Services - Representation 252.204-7017, Prohibition On The Acquisition Of Covered Defense Telecommunications Equipment Or Services'Representation 252.215-7007, Notice of Intent to Resolicit The following solicitation DFARS CLAUSES apply to this acquisition, unless not applicable by their terms, in which case shall be considered self-deleting. Any DFARS clause erroneously, or otherwise, omitted, that which should have been included by their terms, shall be considered to be incorporated into this solicitation and any resultant contract: 252.203-7000, Requirements Relating to Compensation of Former DoD Officials 252.203-7002, Requirement to Inform Employees of Whistleblower Rights 252.204-7003, Control of Government Personnel Work Product 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services 252.211-7003, Item Unique Identification and Valuation 252.211-7008, Use of Government-Assigned Serial Numbers 252.223-7008, Prohibition of Hexavalent Chromium 252.225-7013, Duty-Free Entry 252.227-7015, Technical Data - Commercial Items 252.227-7037, Validation of Restrictive Markings on Technical Data 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports 252.232-7006, Wide Area WorkFlow Payment Instructions 252.232-7010, Levies on Contract Payments 252.239-7010, Cloud Computing Services 252.239-7018, Supply Chain Risk 252.244-7000, Subcontracts for Commercial Items 252.246-7003, Notification of Potential Safety Issues 252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations SUBMISSION INSTRUCTIONS: All Quoters shall submit 1 (one) copy of their technical and price quote. Include your company Unique Entity ID and Cage Code/ N Cage Code on your quote. All quotations shall be sent via e-mail. Buyer Name: Natalie Waugh, Email: natalie.waugh@nrl.navy.mil. Please reference this combined synopsis/solicitation number: N00173-24-Q-0025 on your correspondence and in the "Subject" line of your email. ALL QUESTIONS REGARDING THE SOLICITATION SHALL BE SUBMITTED VIA EMAIL. The government intends to award a purchase order as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein. Award may be made without discussions or negotiations, therefore prospective contractors shall have an active registration in the System for Award Management (SAM) database (www.sam.gov) in accordance with Federal Acquisition Regulation (FAR) Part 4.1102 and Part 52.204-7 when submitting a response to this solicitation. 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: Lowest Price Technically Acceptable - Offers will be ranked lowest to highest according to price. A price analysis will be conducted to determine whether the lowest price will result from a single award or multiple awards. Based on the price analysis, the lowest price offer or multiple offers, will be forwarded to the requiring activity for technical evaluation (offer(s), in accordance with the specifications, will be deemed either technically acceptable or technically unacceptable). If the lowest price offer or offers is found technically acceptable and the pricing determined fair and reasonable by the Contracting Officer, evaluation will be deemed complete and award will be made based on the lowest price offer(s). If the lowest price offer is determined technically unacceptable, another analysis will be conducted amongst the remaining offers to determine if a single or multiple awards will provide the lowest price. The lowest price offer(s) will be sent for technical evaluation. This process is repeated in order of price until an offer or combination of offers is deemed technically acceptable and price is determined fair and reasonable. Options. When applicable, 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). Terms and Conditions. To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows: "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition." OR "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:" Exceptions. Quoter shall list exception(s) and rationale for the exception(s). Submission shall be received not later than the response date listed above. Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f). Emailed submissions are accepted and are the preferred form of submission. Receipt will be verified by the date/time stamp on email. Unless already completed in SAM.gov, the following provision must also be completed and returned by the Offeror: Interim FAR rule 2019-009, published on July 14, 2020, and effective on August 13, 2020 Instruction to Offeror: Complete the attached 52.504-24 and include it with your offer. FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument in the provision at 52.204'26, Covered Telecommunications Equipment or Services'Representation, or in paragraph (v) of the provision at 52.212'3, Offeror Representations and Certifications Commercial Items. (a) Definitions. As used in this provision-Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204'25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115'232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115'232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for covered telecommunications equipment or services. (d) Representations. The Offeror represents that (1) It ? will, ? will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds will in paragraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that It ? does, ? does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds does in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded will in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded does in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision)