Veritas System Recovery for Servers maintenance

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.603-Streamlined solicitation for commercial items under FAR Part 13 as supplemented with additional information included in this notice. Request for Quotation number NEEN6000-17-00356 is issued with the attached enclosures. This announcement constitutes the only solicitation; quotations are being requested. This Request for Quotation incorporates provisions and clauses in effect through Federal Acquisition Circulars 2005-95. The North American Industry Classification System (NAICS) code is 811212 and the business size standard is $27.5M. This acquisition is UNRESTRICTED. The National Environmental Information Center under The U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), requires the annual renewal of existing NCEI-MD Veritas System Recovery for Servers maintenance and existing NCEI-CO Veritas NetBackup maintenance for a period of eighteen months beginning 03/27/2017 – 08/26/2018; *Note: NCEI-CO currently uses Veritas NetBackup software to store and recover data from backup tape. This automated backup system is a key component in recovering a system from a hardware failure and is used to help ensure the integrity and availability of data to NCEI staff and customers. Ongoing maintenance and support renewal of Veritas NetBackup is required to fulfill this function. NCEI-MD is requesting a year extension of the existing maintenance support on our Veritas Software licenses. This service provides essential support including 24/7 technical assistance, maintenance preventive care, powerful proactive support resources, and product updates. This service is essential for our server backups and also necessary to comply with our A&A requirements and to support our current IT Infrastructure in-place. NCEI-MD IT administrators will utilize this service in a number of activities to achieve various goals related to security and reliability of our IT System. TECHNICAL SPECIFICATIONS: NCEI-CO REQUIREMENTS: Qty (2) ESSENTIAL 12 MONTHS RENEWAL FOR NETBACKUP CLIENT APPLICATION AND DB PACK WLS 1 SERVER HARDWARE TIER 2 ONPREMISE STANDARD PERPETUAL LICENSE-13102-M1-23 Qty (1) ESSENTIAL 12 MONTHS RENEWAL FOR NETBACKUP ENT SERVER WLS 1 SERVER HARDWARE TIER 2 ONPREMISE STANDARD PERPETUAL LICENSE - 12250-M3-23 QTY (7) ESSENTIAL 12 MONTHS RENEWAL FOR NETBACKUP STD CLIENT XPLAT 1 SERVER ONPREMISE STANDARD PERPETUAL LICENSE - 11466-M3-23 QTY (3) ESSENTIAL 12 MONTHS RENEWAL FOR NETBACKUP STD CLIENT XPLAT 1 SERVER ONPREMISE STANDARD PERPETUAL LICENSE - 11466-M3-23 . QTY (11) ESSENTIAL 12 MONTHS RENEWAL FOR NETBACKUP STD CLIENT XPLAT 1 SERVER ONPREMISE STANDARD PERPETUAL LICENSE -11466-M3-23 QTY (87) ESSENTIAL 12 MONTHS RENEWAL FOR NETBACKUP STD CLIENT XPLAT 1 SERVER ONPREMISE STANDARD PERPETUAL LICENSE - 11466-M3-23 QTY (6) ESSENTIAL 12 MONTHS RENEWAL FOR NETBACKUP OPT LIBRARY BASED TAPE DRIVE XPLAT 1 DRIVE ONPREMISE STANDARD PERPETUAL LICENSE - 11142-M3-23 QTY (50) ESSENTIAL 12 MONTHS RENEWAL FOR NETBACKUP STD CLIENT XPLAT 1 SERVER ONPREMISE STANDARD PERPETUAL LICENSE - 11466-M3-23 QTY (13) ESSENTIAL 12 MONTHS RENEWAL FOR NETBACKUP STD CLIENT XPLAT 1 SERVER ONPREMISE STANDARD PERPETUAL LICENSE - 11466-M3-23 QTY (8) ESSENTIAL 12 MONTHS RENEWAL FOR NETBACKUP STD CLIENT XPLAT 1 SERVER ONPREMISE STANDARD PERPETUAL LICENSE - 11466-M3-23 QTY (2) ESSENTIAL 12 MONTHS RENEWAL FOR NETBACKUP STD CLIENT XPLAT 1 SERVER ONPREMISE STANDARD PERPETUAL LICENSE - 11466-M3-23 QTY (1) ESSENTIAL 12 MONTHS RENEWAL FOR NETBACKUP STD CLIENT XPLAT 1 SERVER ONPREMISE STANDARD PERPETUAL LICENSE - 11466-M3-23 QTY (1) ESSENTIAL 12 MONTHS RENEWAL FOR NETBACKUP ENT SERVER WLS 1 SERVER HARDWARE TIER 2 ONPREMISE STANDARD PERPETUAL LICENSE - 12250-M3-23 QTY (12) ESSENTIAL 12 MONTHS RENEWAL FOR NETBACKUP ENT CLIENT WLS 1 SERVER HARDWARE TIER 2 ONPREMISE STANDARD PERPETUAL LICENSE - 14731-M3-23 Potential offerors shall submit their quote via the attached excel sheet marked as attachment one (1) shall and include quotes for each line AND include official quote with Company Letter Head and signature of authorized individual. All responsible sources may submit a quotation by March 22, 2017, 11:00AM EST, which if timely received, shall be registered with the System for Award Management (SAM) and shall provide the company Tax Information Number (TIN) with their quote. Submit responses to NOAA of Acquisitions and Grants Satellite Information Acquisition Division, 1325 East West Highway Bldg. 2 Silver Spring, MD 20910 Attn: Mabel Wonodi. Electronic offers submitted via email to: [email protected] is acceptable and encouraged. All quotes shall be FOB destination. The Acquisitions & Grants Division of NOAA anticipates awarding a firm fixed price purchase order from this solicitation. The following FAR Clause provisions apply to this solicitation. FAR 52.212-1, Instructions to Offerors-Commercial Items (JAN 2017); Addendum to 52.212-1: 52.212-2 Evaluation-Commercial Items (OCT 2014) (a) The Government intends to award a firm-fixed purchase order 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. Award will be made to the lowest price technically acceptable offeror. The following factors shall be used to evaluate offers: (1) Price (2) Past Performance (3) Technical capability –Support must be from an authorized distributor of Oracle in accordance with the Brand Name Justification marked as attachment 2. When combined price is more important than technical and past performance. The following FAR clauses apply to this solicitation: FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (JAN 2017) with Alternate I. Offeror(s) must include a completed copy of the FAR 52.212-3 with their quote. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (JAN 2017); FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2017). 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: 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017); 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015); 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553); 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note); 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note); 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note); 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313); 52.222-21, Prohibition of Segregated Facilities (Apr 2015); 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246); 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793); 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627); (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332). The following FAR Clauses are incorporated by reference; 52.203-18 – Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation (JAN 2017); 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017); 52.204-17 System for Award Management (Oct 2016); 52.204-8 Annual Representations and Certifications (Jan 2017); 52.225-13 Restriction on Certain Foreign Purchases (Jun 2008); 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification (Oct 2015); 52.232-25; Prompt Payment (Jan 2017); 52.233-3 Service of Protest (Sep 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer via email: [email protected] by obtaining written and dated acknowledgment of receipt from the same. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (c) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (End of Provision) The Following Department of Commerce Acquisition Clauses and Provisions apply; CAR 1352.201-70 Contracting Officer's Authority. (APRIL 2010) The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. (End of clause) CAR 1352.201-72 Contracting Officer's Representative (COR) (APR 2010) (a ) Mark Sleeper hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at: NOAA/NCEI Attn: Mark Sleeper, 303-497-6423 325 Broadway, E/NE7 Boulder, CO 80305-3328 Email: [email protected] (b) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor. (End of clause) CAR 1352.233-70 Agency protests (APR 2010) (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) CAR 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. CAR 1352.239-70 Software license addendum (APR 2010) (a) This Addendum incorporates certain terms and conditions relating to Federal procurement actions. The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties. (b) Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41 U.S.C. Section 601 et. seq., and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those fora that have jurisdiction over Federal procurement matters. (c) Attorney's Fees: Attorney's fees are payable by the Federal government in any action arising under this contract only pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504. (d) No Indemnification: The Federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a). (e) Assignment: Payments may only be assigned in accordance with the Assignment of Claims Act, 31 U.S.C. Section 3727, and FAR Subpart 32.8, “Assignment of Claims.” (f) Invoices: Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. Section 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. (g) Patent and Copyright Infringement: Patent or copyright infringement suits brought against the United States as a party may only be defended by the U.S. Department of Justice (28 U.S.C. Section 516). (h) Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. (i) Renewal may only occur in accord with (1) the mutual agreement of the parties; or (2) an option renewal clause allowing the Government to unilaterally exercise one or more options to extend the term of the agreement. (End of clause) CAR 1352.246-70 Place of acceptance (APR 2010) (a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be: NCEI-MD and NCEI-CO. (End of clause) CAR 1352.270-70 Period of performance (APR 2010) (a) 1 Year and 6 Months from 27MAR2017-26AUG2018 (End of clause) The Following NOAA Acquisition Clauses and Provisions apply; NAM 1330-52.203-71 Notice of Post-Government Employment Restrictions (OCT 2015) By submission of an offer in response to a NOAA solicitation or acceptance of a contract, the contractor acknowledges the restriction on current NOAA employees regarding contact with offerors regarding prospective employment and the corresponding obligations for contractors who engage them. The contractor further acknowledges that it has provided notice to former NOAA employees who will provide service to NOAA under the contract of post-Government employment restrictions that apply to them. Such restrictions include, but are not limited to, those set forth in: (a) 41 U.S.C. § 2103 regarding contacts between a federal employee working on a procurement and an offeror about prospective employment; (b) 18 U.S.C. § 207 regarding the restrictions on former federal employees having contact with a federal agency on behalf of another person or entity concerning a specific party matter with which the former employee was involved as a federal employee or for which the former federal employee had official responsibility; (c) 18 U.S.C. § 207 regarding the restrictions on former senior employees and senior political employees from having contact with his former federal agency on behalf of another person or entity concerning any official matter; and (d) 41 U.S.C. § 2104 regarding the restrictions on a former federal employee involved in an acquisition over $10,000,000 from accepting compensation from a contractor. (End of solicitation and contract language) NAM 1330-52.215-70 Schedule of Deliverables (SEPT 2005) F.1. SCHEDULE OF DELIVERABLES following is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this contract: Item Description Quantity Due Date Deliver to Reference See attached CLIN Sheet marked as attachment 1. NAM 1330-52.242.70 Submittal of Invoices (FEB 2011) The Contractor shall prepare and submit an invoice to the COR for approval [with a copy to the contracting officer for information]. All invoices shall be submitted by the 10th day of the subsequent month. To constitute a proper invoice, the contractor’s invoice shall be prepared in accordance with, and contain all elements specified in, the paragraph titled, “Contractor’s Invoice,” of the applicable prompt payment provision of the contract. For contracts and orders for commercial items and services, paragraph (g) of FAR 52.212-4, titled, “Invoices,” applies. If the invoice does not comply with the applicable prompt payment provision of the contract, the COR will return it to the contractor within seven days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice. NOTICE FOR FILING AGENCY PROTESTS NOAA, Office of Grants and Acquisitions: The Ombudsman for Agency Protests investigates agency protest issues and resolves them without expensive and time consuming litigation. The Ombudsman is an independent reviewer. Interested parties are encouraged to seek resolution of their concerns within the NOAA as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman. Informal Forum with the Ombudsman. Interested parties who believe a specific NOAA procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the NOAA Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester's concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal Agency protests filed should be submitted electronically to the Contracting Officer and Rafael Roman, AGO Ombudsman at [email protected] .