IXIA Warranty and Maintenance

This is a combined synopsis/solicitation for commercial item(s) 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 is being issued as a Request for Quote (RFQ). This notice and the incorporated provisions and clauses are those in effect through the Federal Acquisition Circular number 2005-95. This requirement is solicited as a total Small Business Set-Aside. The NAICS code for this requirement will be 541519 - Other Computer Related Services, and the Small Business size standard is $27.5M. Offerors must be registered in the System for Award Management (SAM) at www.sam.gov, in order to be considered for award. The Government anticipates awarding a firm-fixed price contract resulting from this RFQ. The Department of Education, Federal Student Aid (FSA) is seeking IXIA warranty and maintenance renewal (see attachment for listing of items). Performance Objectives Provide IXIA warranty and maintenance support for the items listed on the attachment at Essential and Basic level of coverage. Maintenance Coverages: The "Essential" level of warranty shall provide the following coverage: - A response time of 2 business hours - Live Support during Business hours - After-hours SW/HW upgrades, debug once per quarter - Advanced Replacement (ships 2nd business day) - RMA - Repair and return under advanced replacement - Phone, email, customer portal and knowledge base support access - Configuration assistance, emergency patches, service pack bug fixes, new feature releases - Customer Satisfaction Health Checks The "Basic" level of warranty shall provide the following coverage: - A best effort response time - Live Support during Business hours - RMA - Repair and Return - Phone, email, customer portal and knowledge base support access - Configuration assistance, emergency patches, service pack bug fixes, new feature releases - Customer Satisfaction Health Checks Period of Performance: The estimated period of performance is as follows: Base Year One - March 13, 2017 - March 12, 2018 Option Year One - March 13, 2018- March 12, 2019 Option Year Two - March 13, 2019 - March 12, 2020 Equipment Location: Washington, D.C. and Plano, Texas FAR 52.212-1, Instruction to Offerors- Commercial Items, applies to this acquisition. Addendum to 52.212-1 Instructions to Offerors-Commercial Items Submission of Quotes: All quotes are due on March 3, 2017 at 12:00 p.m. (noon) Eastern Standard Time (EST). Quotes shall be email to Kimberly Hopkins, Contracting Specialist at Kimberly.Hopkins@ed.gov and Joyce Bettis, Contracting Officer at Joyce.Bettis@ed.gov. The subject line of the email is "IXIA Warranty and Maintenance Quote Submission". Offerors shall submit a completed copy of FAR 52.222-48 set forth in this solicitation in order to be considered for award. All questions in regards to this solicitation shall also be submitted via electronic mail to the individuals listed above. Questions are due on February 27, 2017 by 12:00pm (noon) Eastern Standard Time. The offerors quote shall address if they are a authorized reseller,past performance and price. Authorized Resellers The offerors shall be authorized by the manufacturer to provide maintenance and a warranty on IXIA products. The offeror shall provide with its quote a signed statement from the manufacturer confirming authorization. Offerors not providing the statement shall not be considered for award. Past Performance The offeror's shall provide at least three (3) references for which their company has provided same or similar services. The Government may contact the listed individuals to determine that the services provided are substantially similar to the services listed in this solicitation and the offeror performance has been satisfactory. For contractor with no relevant past performance the Government will take into account information regarding the past performance of predecessor companies or subcontractors that will perform key aspects of the requirement. The Government may use past performance information obtained from other than the sources identified by the offeror. The information will be used for the responsibility determination in the best value decision. The offeror reference listing shall consist of the company name; reference name; reference phone number and email address; contract number and dollar value of contract. Price The offerors shall submit their price quote using the format annotated on the attachment: Please Note: The option CLINs for the basic warranty will be exercised when funding becomes available. If exercised, the period of performance end date will coincide with the original CLIN end date. FAR 52.212-2, Evaluation-Commerial Items (Oct 2014). (a) The Government shall award a contract from this combined synopsis/soliciatation on the basis of the lowest evaluated price of quotes meeting or exceeding the acceptability standards for non cost factors. The following factors shall be used to evaluate offers: Authorized Resellers, Past Performance and Price. (b) Options: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unaccepted if the option prices are significantly unbalanced. Evaluation of options shall not obligated the Government to exercise the option. (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) FAR 52.212-3 Offerors Representations and Certifications-Commercial Items- Offerors shall include a completed copy of provision 52.212-3, Offeror Respresentation and Certification-Commerical Items with their quote. FAR 52.214-4, Contract Terms and Conditions- Commerical Items (May 2015) Incorporated by Reference. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders-commerical Items, applies to this acquisitons. The following additional clauses cited in the clause are also appliciabe to this acquisition: 52.219-6 Notice of Total Small Business Set-Aside, 52.223-3 Convict Labor,52.222-19 Child Labor, 52.222-21 Prohibition of Segregated Facilities, 52.222-26 Equal Opportunity, 52.222-35 Equal Opportunity for Veterans, 52.222-36, Equal Opportunity for Worker with Disabilities, 52.222-50 Combating Trafficking in Person, 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving, 52.232-33 Payment by Electronic Funds Transfer System for Award Management. FAR 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 provison 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 Contrator within 5 days. (End of Clause) FAR 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 5 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 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 42 months. (End of Clause) FAR 52.222-48 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification (May 2014) (a) The offeror shall check the following certification: Certification The offeror ____ does ____ does not certify that- (1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations; (2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment. (i) An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. (ii) An "established market price" is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and (3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Labor Standards statute- (1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or (2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis. (c) If the offeror does not certify to the conditions in paragraph (a) of this provision- (1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, will not be included in any resultant contract awarded to this offeror; and (2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation. (d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision. (End of provision) FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a cluse may be accessed electronically at this addresses: http://www.acquisition.gov/far/index.html (End of Clause) Period of Acceptance of Quotes The offeror agrees to hold firm their proposed prices in their quote for 45 calendar days from the date specified for the receipt of offers. Department of Education Federal Student Aid Terms and Conditions FSA 4-1 ONLINE REPRESENTATION AND CERTIFICATION UPDATES (APR 2013) The Small Business Administration validates a Contracting Officer's reporting of an awardee's business size in the Federal Procurement Data System by comparing it with contractor-reported data contained in the System for Award Management (SAM) located at https://www.sam.gov/portal/public/SAM/. Even if an offeror elects to execute a hard copy of the offeror's representations and certifications when responding to this solicitation or request for quotation, the offeror is also required to ensure the NAICS identified with this acquisition, and the offeror's corresponding business size, is updated in SAM. (End of clause) FSA 24-1 Release of Information under the Freedom of Information Act (Jan. 2008) By entering into a contract with the Department of Education, the contractor, without regard to proprietary markings, approves the release of the entire contract and all related modifications and task orders including, but not limited to: (1) Unit prices, including labor rates, (2) Statements of Work/Performance Work Statement generated by the contractor, (3) Performance requirements, including incentives, performance standards, quality levels and service level agreements, (4) Reports, deliverables and work products delivered in performance of the contract (including quality of service, performance against requirements/standards/service level agreements), (5) Any and all information, data, software and related documentation first provided under the contract, (6) Proposals or portions of proposals incorporated by reference, and (7) Other terms and conditions. (End of Clause) FSA 32-1 INVOICE PROCEDURES (MAR 2012) The Contractor must submit an invoice via mail, fax, or e-mail for this contract in order to be paid for products and/or services rendered. For Prompt Payment Act purposes, Invoices received after 3 p.m. will be processed on the next business day. Federal Student Aid's "Designated Billing Office" (DBO) is: US Department of Education Union Center Plaza Federal Student Aid Administration 830 First Street, NE - Suite 54B1 Washington, D.C. 20201-0001 E-mail: Invoice.Admin@ed.gov Fax: (202) 275-3477 A contractor shall also simultaneously submit copies of the invoice to the Contracting Officer (CO) and one to the Contracting Officer's Representative (COR). The CO and COR should receive copies via the same means as the invoice sent to the DBO. When submitting an invoice via mail, the Contractor shall submit the original invoice and two copies of the invoice. At a minimum, the following items must be addressed in order for the invoice to be considered "proper" for payment: (1) Name and Address of the Contractor. (2) Invoice Number and Invoice Date. (3) The Contract number, contract line item, and if applicable, the order number. (4) Description, quantity, unit of measure, unit price, and extended price of the delivered item or service, as defined in the contract or order. (5) Terms of any offered prompt payment discount. (6) Name, title, and phone number of persons to be notified in event of a defective invoice. (7) The period of time covered by the invoice. (8) Totals, supported by subtotals, and subtotals should be supported by detail (i.e. documentation for categories of labor, hours performed, unit prices) and deliverables provided. (9) If required by this contract or order, receipts must be provided to support documentation of "other direct costs" (ODCs) or materials. (10) Special instructions for finance payments: Invoices for finance payments shall specifically and prominently identify the payment request as follows: REQUEST FOR FINANCING PAYMENT Finance payments are not subject to the Prompt Payment Act. Failure to identify the invoice as a request for financing may result in delay of payment. Invoices that are identified as Requests for Finance Payments shall only include the finance payments listed in the contract. Requests for finance payments shall not be combined with other types of invoice payments. (End of clause) EDAR 3452.224-70 RELEASE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT (MAR 2011) By entering into a contract with the Department of Education, the contractor, without regard to proprietary markings, approves the release of the entire contract and all related modifications and task orders including, but not limited to: (1) Unit prices, including labor rates; (2) Statements of Work/Performance Work Statements generated by the contractor; (3) Performance requirements, including incentives, performance standards, quality levels, and service level agreements; (4) Reports, deliverables, and work products delivered in performance of the contract (including quality of service, performance against requirements/standards/service level agreements); (5) Any and all information, data, software, and related documentation first provided under the contract; (6) Proposals or portions of proposals incorporated by reference; and (7) Other terms and conditions. (End of clause) EDAR 3452.242-73 ACCESSIBILITY OF MEETINGS, CONFERENCES, AND SEMINARS TO PERSONS WITH DISABILITIES (MAR 2011) The contractor shall assure that any meeting, conference, or seminar held pursuant to the contract will meet all applicable standards for accessibility to persons with disabilities pursuant to section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) and any implementing regulations of the Department. (End of clause) EDAR 3452.201-70 Contracting Officer's Representative (COR) (MAR 2011) (a) The Contracting Officer's Representative (COR) is responsible for the technical aspects of the project, technical liaison with the contractor, and any other responsibilities that are specified in the contract. These responsibilities include inspecting all deliverables, including reports, and recommending acceptance or rejection to the contracting officer. (b) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes that affect the contract price, terms, or conditions. Any contractor requests for changes shall be submitted in writing directly to the contracting officer or through the COR. No such changes shall be made without the written authorization of the contracting officer. (c) The COR's name and contact information: TBD (d) The COR may be changed by the Government at any time, but notification of the change, including the name and address of the successor COR, will be provided to the contractor by the contracting officer in writing. (End of clause)