Netscaler Warranty

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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 synopsis is to notify contractors that the government intends to issue a Purchase Order in accordance with FAR Part 13 for the following, under simplified acquisition procedures. The Request for Quote (RFQ) number is FDA-SOL-13-1114029. Provisions and clauses in effect through Federal Acquisition Circular 05-45 are incorporated into this request. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. The provisions and clauses may be accessed in full text at www.acquisition.gov/far. The NAICS code is 524128, Product warranty insurance carriers. There is no set-aside for this acquisition. All qualified vendors are encouraged to respond. The purpose of this procurement is to reinstate the warranty for the FDA Citrix Netscalers. The FDA is in possession of four (4) Citrix Netscalers. Netscaler1 (OAK8) - 46VEV22HAM Netscaler2 (OAK8) - 48J2T22HE6 Netscaler3 (WODC) - 4AFHH22H6F Netscaler4 (WODC) - 48CZ622HET The new FIPS-compliant NetScaler appliances provide the FDA with additional security by protecting unauthorized access to cryptographic keys, which if misappropriated could result in a data security breach. The NetScaler solutions support all web application delivery capabilities, including load balancing, application firewall security, and essential server offload functions. 1. STATEMENT OF NEED: The US Food and Drug Administration (FDA) requires the renewal of the warranty licenses for the 4 Citrix Netscalers listed above. REQUIREMENTS: The proposed product must meet the following salient, functional characteristics to be considered for award: 1. Application License Keys Licenses shall include 12 x 7 maintenance support, which includes access to Customer Support Engineers and access to online global support portal with its expansive knowledge base, the latest product documentation, release notes, tools, security alerts, help guides, all design specifications, training manuals, case management, and any other software documentation supporting installation, configuration and successful use of the software, shall be provided. The license keys also provides the benefit of a one hour response time to Priority 1 issues, and any upgrades necessary to maintain the product for one full year. 2. Maintenance and Help Desk/technical support • 24x7x365 telephone and web support • Access to technical experts • Software updates at no additional cost • Fast RMA replacement • Citrix TechEdge annual training event 2.2.1 Telephone support: 12 x 5 x 365 Toll Free Phone Support, Priority / Critical 2.2.2 Appliance, Web, Email and Phone Support: 24x5, Priority 2 -4 Non-critical Case Management: • Web - Manage cases • Email - Email from registered administrator addresses • Phone - call toll-free numbers 2.2.3 Priority and Response SLA: • Priority 1 - Critical (Operation Stopped): < 1 Hour • Priority 2 - Serious (Operation Restricted): 4 Hours • Priority 3 - Important (Workaround Available): 24 Hours 2.2 .4 Support Program Features 2.2.4.1 Support Portal • Knowledge Bass - extensive database with answers to technical questions • Documentation - Download user guides, manuals, release note, and other artifacts • Virus outbreaks - View filters for up-to-date outbreak rules to detect viruses. • Security alerts - Updated listings of vulnerabilities and issues. 2.2.4.2 Hardware and software support • Software upgrades notifications - periodic email notifications about system modifications and software upgrades sent to registered system administrators. • Software upgrades - upgrades to the most current software releases, initiated by the administrator, can be performed directly from appliances at any time_ • Hardware support - in event of critical hardware malfunction, service provider provides field units and hot-swappable replacement parts with RN/A installation and return instructions. • Remote diagnostics - Service provider customer support engineers have ability to perform remote diagnostics. Support tunnels are initiated and opened only upon request of FDA. 2.2.4.3 Case Processes • Case handling - Service provider handles cases pursuant to Service Level Agreements, issue categorizations and leverages priorities. • Case escalation - Service provider provides escalation plan to customer support manager when cases require additional attention. 4. PERIOD OF PERFORMANCE: Reinstatement from September 23, 2012 to date of award with two (2) option years. CLIN 0001 - Reinstatement and Base Year: (date of award to September 24, 2013) CLIN 0003 Option Period One: 12 months CLIN 0004 Option Period Two: 12 months 5. EVALUATION FACTORS FOR AWARD: The Government shall award a contract resulting from this solicitation to the responsible offeror whose offer is the lowest price technically acceptable offer. Award will be made on the basis of the lowest evaluated price (inclusive of options) meeting or exceeding the non-cost factor (technical conformance to the requirements of the solicitation). The Government intends to evaluate offers and award a contract without discussions. The offeror's initial offer should contain the offeror's best terms from a price standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the best interest of the Government; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. The following factors shall be used to evaluate offers: 1. Technical Features Meeting/Exceeding Salient Requirements (Brand Name or Equal) 2. Total Price (all CLINs shall be priced) 6. PROPOSAL INSTRUCTIONS TO OFFERORS: Offerors are required to submit their proposals in two separate volumes as follows: Volume I - Technical Volume II - Pricing Proposal The completion and submission of the above items will constitute an offer (quote) and will indicate the offeror's unconditional assent to the terms and conditions of this RFQ and any attachments hereto. Alternate proposals are not authorized. Objections to any terms and conditions of the RFQ will constitute deficiency, which may render the offer unacceptable. Volume I - Technical: This portion of the proposal to include all data and information required for technical evaluation of brand name or equal product, and exclude any reference to the pricing aspects of each offer. If an equal product is proposed, offeror shall demonstrate how that product is equal to the brand name product. Offerors shall demonstrate in sufficient detail that the proposed solution will successfully meet the requirements of the salient characteristics. For purposes of clarification, offerors are encouraged to provide trial access to their products to demonstrate how the requirements of the salient characteristics will be met. Volume II - Pricing: This volume shall include the complete pricing. Offerors shall propose pricing for a twelve (12) month base period and two (2), twelve (12) month optional periods. Offerors shall price each CLIN and clearly state an overall cost to the Government (inclusive of options). 7. CLAUSES AND ADMINISTRATIVE DATA: FAR CLAUSES: 52.211-6 Brand Name or Equal (AUG 1999) 52.212-1 -- Instructions to Offerors -- Commercial Items (FEB 2012) 52.212-4 -- Contract Terms and Conditions -- Commercial Items (FEB 2012) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (AUG 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 (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 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: _X__ (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 (Jun 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 (Jul 2010) (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). _X__ (6) 52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). _X__ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161). ___ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a). _X__ (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (10) [Reserved] ___ (11) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-6. ___ (iii) Alternate II (Mar 2004) of 52.219-6. ___ (12) (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. _X__ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). ___ (14) (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 (July 2010) of 52.219-9. ___ (15) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). ___ (16) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (17) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 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. ___ (18) 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). ___ (19) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). _X__ (21) 52.219-28, Post Award Small Business Program Representation (Apr 2009) (15 U.S.C. 632(a)(2)). ___ (22) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011). ___ (23) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011). _X__ (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X__ (25) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). _X__ (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X__ (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X__ (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). _X__ (29) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X__ (30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). ___ (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X__ (32) 52.222-54, Employment Eligibility Verification (Jan 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.) ___ (33) (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.) ___ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (35) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. _X__ (36) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (Sep 2010) (E.O. 13513). ___ (37) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). _X__ (38) (i) 52.225-3, Buy American Act -Free Trade Agreements - Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138). ___ (ii) Alternate I (Jan 2004) of 52.225-3. ___ (iii) Alternate II (Jan 2004) of 52.225-3. ___ (39) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (40) 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). ___ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (42) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (43) 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)). ___ (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X__ (45) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). ___ (46) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). _X__ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (49) (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: ___ (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.). _X__ (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 U.S.C. 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 (Sep 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 (Jan 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) 52.213-2 Invoices (APR 1984) 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 anytime within the current period of performance (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 36 months. (End of Clause) ADMINSTRATIVE DATA: CENTRAL CONTRACTOR REGISTRATION (CCR): In accordance with FAR 52.212-4, Offerors shall be registered in the CCR database to be considered for award. Registration is free and can be completed on-line at http://www.ccr.gov; provide DUNS number; Cage Code and TIN. SUBMISSION OF QUESTIONS AND PROPOSALS: QUESTIONS: Offerors shall submit questions to the Contract Specialist, Trevor R. Edwards via email at [email protected]. Please reference the specific area and location in the RFQ or SOW when asking the question. All questions must be submitted no later than 4:00PM, Eastern Standard Time (EST), Friday, January 25, 2013. RFQ DUE DATE: Responses to this RFQ shall be submitted to Trevor R. Edwards, via email at [email protected] only as a MS Word or Adobe PDF attachment no later than 4:00PM Eastern Standard Time (EST), Monday, January 28, 2013. The contractor is requested to hold price quotations for a minimum of 45 days.