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 and no other solicitation document will be issued. This solicitation is issued as a Request for Quote number RFQ HSCG44-16-Q-PCC008. This number is for tracking purposes only. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-88. This procurement will be processed in accordance with FAR Part 12. The North American Industry Classification System (NAICS) is 334614. The SBA size standard in Employees is 750 EMP. THIS IS A TOTAL Small Business Set-Aside. The Brand required is "Splunk". Substitute proposed Brands will NOT be considered for Award. See Justification below. The USCG Command, Control and Communication Engineering Center (C3CEN) Portsmouth,VA. 23703, intends to purchase the Splunk Services as listed in Schedule B below. The Coast Guard does not own nor can they obtain specifications, drawings, plans or other technical data for this service. Request for drawings/specs will be disregarded. Substitute proposed Brands will NOT be considered for Award. Any Contractors that are authorized Splunk Distributors are encouraged to provide a Firm Fixed Price Quotation IRT this Fed-Biz-Ops Solicitation. The government intends to award a contract resulting from this solicitation to the responsible bidder proposal conforming to the solicitation which will be most advantageous and Best Value to the Government, price and other factors considered. FIRM FIXED Price Proposals may be submitted on company letterhead stationery and must include the following information: Cost Breakdown, Unit Price, Extended Price, Payment Terms and discount offered for prompt payment. Note: The Government/USCG reserves the right to Award on an All or None Basis that is the Gov may issue a PO Contract to the Offeror that submits the lowest aggregate price rather than issue a PO Contract to each Offeror on the basis of the lowest Quotation on each item. Provide Firm Fixed Price Proposals with Delivery Information and Delivery Time Frame by Aug/11/2016 at 7:00 A.M (EST). Delivery Information is to include the Shipping Terms the Offeror is proposing, FOB Origin or FOB Destination. FOB Destination is preferred by USCG/Government. If proposing FOB Origin, provide Shipping Cost as a Separate Line Item. FIRM FIXED Price Proposals are to be sent via EMAIL on Company Letterhead to Point of Contact (POC) listed below and MUST include the following information: (1) Cost Breakdown, (2) Unit Price, (3) Extended Price, (4) Total Price, (5) Payment Terms, (6) Discount Offered for Prompt Payment, (7) Company DUNS and Cage Code Numbers. QUOTES ARE TO BE SENT TO:
[email protected] Anticipated Award Date for the PO Contract is Aug/11/2016, this date is approximate and not exact INSPECTION AND ACCEPTANCE: The Contractor shall only tender for acceptance those Items that conform to the requirements of this Order/Contract. The Government/USCG reserves the right to Inspect or Test any Supplies or Services that have been tendered for Acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming Services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government/USCG may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. Final Inspection and Acceptance will be performed by Gov/USCG Authorized Personnel at the point and location of Destination as stated on the Order/Contract, unless otherwise stated on the Order/Contract. Schedule B: Line Item 1: 1 Ea of- Splunk IT Service Intelligence - Perpetual License - 30 GB/day -ITC-P-LIC___________ Line Item 2: 1 Ea of - Splunk IT Service Intelligence - Enterprise Support - IT-P-ESUP_______ Period of Performance: 1 Sep 2016 - 7 May 2017 Total Line Items 1 & 2 ____________________ PLEASE NOTE: THIS IS A SMALL BUSINESS SET-A-SIDE. IAW FAR 52.219-6 Notice of Small Business Set-A-Side PROVISIONS / CLAUSES • The Following FAR Provisions/Clauses apply to this Solicitation: FAR 52.212-1 -- Instructions to Offerors -- Commercial Items (Oct 2015) The provision at , Instructions to Offerors-Commercial Items. This provision provides a single, streamlined set of instructions to be used when soliciting offers for commercial items and is incorporated in the solicitation by reference (see Block 27a, SF 1449). The contracting officer may tailor these instructions or provide additional instructions tailored to the specific acquisition in accordance with 12.302. FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014). Award will be made to the Offeror proposing the Best Value to the Government considering specification, price, delivery, past performance and quality. When the use of evaluation factors is appropriate, the contracting officer may FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Jul 2016) to include Alt I (Oct 2014). The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (q) of this provision. The provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. This provision provides a single, consolidated list of representations and certifications for the acquisition of commercial items and is attached to the solicitation for offerors to complete. This provision may not be tailored except in accordance with subpart 1.4. Use the provision with its Alternate I in solicitations issued by DoD, NASA, or the Coast Guard. FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (May 2015) The clause at 52.212-4, Contract Terms and Conditions-Commercial Items. This clause includes terms and conditions which are, to the maximum extent practicable, consistent with customary commercial practices and is incorporated in the solicitation and contract by reference (see Block 27, SF 1449). Use this clause with its Alternate I when a time-and-materials or labor-hour contract will be awarded. The contracting officer may tailor this clause in accordance with 12.302. FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jun 2016) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. This clause incorporates by reference only those clauses required to implement provisions of law or Executive orders applicable to the acquisition of commercial items. The contracting officer shall attach this clause to the solicitation and contract and, using the appropriate clause prescriptions, indicate which, if any, of the additional clauses cited in 52.212-5(b) or (c) are applicable to the specific acquisition. FAR 52.252-2 -- Clauses Incorporated by Reference (Feb 1998), the full text of the clause may be accessed electronically at Internet address http://www.arnet.gov/far; A Data Universal Numbering System (DUNS) Number is the primary identifier in FAR 52.204-7 System for Award Management (Jul 2013). Contractors are located and identified in SAM by their DUNS number. To facilitate payment via Electronic Funds Transfer - contractors should be registered in SAM. A DUNS number can be obtained via www.dnb.com and SAM registration can be obtained via www.sam.gov • The following Clauses and others as indicated by the Contracting Officer as applicable shall apply to the awarded Contract. FAR 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). +$25,000 FAR 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). $30K FAR 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). Total Small Business Set-Aside. Use Alternate I for a product in a class for which the SBA has waived the non manufacturer rule. FAR 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)). FAR 52.222-3, Convict Labor (June 2003) (E.O. 11755). FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). FAR 52.222-21, Prohibition of Segregated Facilities (Apr 2015). FAR 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). FAR 52.222-36, Affirmative Action for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). +$15,000 FAR 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). FAR 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). $25K and 52.225-3 FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). $25K - $175K FAR 52.225-13, Restriction 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). FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). FAR 52.233-3, Protest after Award (Aug. 1996). FAR 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004). FAR 52.247-32 -- F.o.b. -- Origin, Freight Prepaid (Feb 2006) FAR 52.247-34 -- F.o.b. - Destination (Nov 1991) NOTICE TO OFFERORS CONCERNING REPRESENTATIONS AND CERTIFICATIONS: This solicitation contains FAR Clause 52.204-7, System for Award Management (Jul 2013) and FAR Provision 52.204-8, Annual Representations and Certifications (Feb 2016). In accordance with FAR 4.1201 (a) Prospective contractors shall complete electronic annual representations and certifications at SAM accessed via https://www.acquisition.gov as a part of required registration. Please ensure completion prior to submission of your quote. Also note that paragraph (b) of FAR 52.204-8, applies. • The above/following clauses are incorporated by reference, entire clause(s) available at https://www.acquisition.gov/far • The Following DHS Acquisition Regulations/ Clauses apply to this Solicitation: 3052.209-70 Prohibition on contracts with corporate expatriates As prescribed at (HSAR) 48 CFR 3009.108-7005, insert the following clause: PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of clause)