G
Background Information: Under a directive from the U.S. Department of Commerce the National Institute of Standards and Technology has adopted a password policy that all users and system administrators must follow (details available at http://www-i.nist.gov/itl/security/pp_nist/policy_passwd.html). In order to implement this policy the Office of Information Systems Management (OISM) purchased the Software P-Synch from M-Tech Technologies in Fiscal Year 2002 (now called Hitachi ID Systems, Inc.). The P-Synch software was upgraded to Hitachi-ID Password manager in Fiscal Year 2009.
This is a Brand Name Only Requirement to renew Hitachi ID Password Software Maintenance Support needed by the OISM at NIST. The Password Manager Software is a critical element of OISM's Directory Services and is the primary software for OISM's Enterprise Password Service currently in use at NIST. Use of any other brand of password manager would interrupt work, risk integrity of NIST's security and cause the Government to incur undue additional costs.
The associated North American Industrial Classification System (NAICS) code for this procurement is 541519- Information Technology Value Added Resellers, with a small business size standard of 150 Employees. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-01.
This requirement is a 100% small business set aside.
SCHEDULE OF REQUIRED ITEMS: The Contractor shall provide the following:
Annual maintenance and support that includes the following:
1. Unlimited technical support via e-mail, telephone, fax and secure remote VPN, if such access is provided by NIST, during regular support hours, 17 hours per day, 5 days per week (Monday to Friday 3 AM to 8 PM Eastern time)
2. All major and minor updates and upgrades to Hitachi ID Password Manager are included in the maintenance contract, so NIST does not have to purchase upgrade products.
Contractor shall continue to provide updates and patches for currently owned Hitachi-ID software for the following products:
Item Part Number Qty Description
1 PSMAINT 7,400 Password Manager Annual Support/Maintenance
Period of Performance of 4/1/2018-3/31/2019.
PROVISIONS AND CLAUSES:
The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR clauses may be viewed at http://acquisition.gov/comp/far/index.html. All Commerce Acquisition Regulations (CAR) clauses may be viewed at http://farsite.hill.af.mil/VFCARA.HTM
Provisions:
52.212-1, Instructions to Offerors-Commercial Items
52.212-3, Offeror Representations and Certifications-Commercial Items
FAR Clauses:
52.212-4 Contract Terms and Conditions-Commercial Items
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items-Commercial Items including subparagraphs:
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
52.204-10 Reporting Executive compensation and first-Tier Subcontract Awards
52.209-6 Protecting the Government's interest when subcontracting with contractors Debarred, Suspended, or Proposed for Debarment.
52.219-6
52.219-13 Notice of Total Small Business Setaside
Notice of Set-Aside of Orders
52.219-28 Post Award Small Business Program Re-representation;
52.222-3 Convict Labor;
52.222-19 Child Labor - Cooperation With Authorities And Remedies;
52.222-21 Prohibition of Segregated Facilities;
52.222-26
Equal Opportunity
52.222-36
Equal Opportunity for Workers with Disabilities;
52.222-50
52.223-18
Combating Trafficking in Persons
Encouraging Contractor Policies to Ban Text Messaging While Driving
52.225-13 Restriction on Certain Foreign Purchases;
52.232-33 Payment by Electronic Funds Transfer-System for Award Management
Commerce Acquisition Regulations (CAR) Clauses:
1352.201-70, Contracting Officer's Authority
1352.209-73, Compliance With the Laws
1352.209-74, Organizational Conflict of Interest
1352.215-72, Inquiries
Offerors must submit all questions concerning this solicitation in writing to the Contracting Officer. Questions should be received no later than 12:00 pm EST, March 26, 2019 Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Requests shall include complete company name, address, telephone and e-mail address. FAX AND OR PHONE REQUESTS ARE NOT AUTHORIZED AND WILL NOT BE ACCEPTED.
1352.233-70, Agency Protests (APR 2010)
(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).
(b) Agency protests filed with the Contracting Officer shall be sent to the following address:
NIST/ACQUISITION MANAGEMENT DIVISION
ATTN: MONICA BROWN, CONTRACTING OFFICER
100 Bureau Drive, MS 1640
Gaithersburg, MD 20899
(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:
NIST/ACQUISITION MANAGEMENT DIVISION
ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)
100 Bureau Drive, MS 1640
Gaithersburg, MD 20899
(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.
(e) 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)
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.
(End of clause)
NIST LOCAL-54 ELECTRONIC BILLING INSTRUCTIONS
NIST requires that Invoice/Voucher submissions are sent electronically via email to [email protected].
Each Invoice or Voucher submitted shall include the following:
(1) Contract number;
(2) Contractor name and address;
(3) Unique entity identifier (see www.sam.gov for the designated entity for establishing unique entity identifiers);
(4) Date of invoice;
(5) Invoice number;
(6) Amount of invoice and cumulative amount invoiced to-date;
(7) Contract Line Item Number (CLIN);
(8) Description, quantity, unit of measure, unit price, and extended price of supplies/services delivered;
(9) Prompt payment discount terms, if offered; and
(10) Any other information or documentation required by the contract.
NIST LOCAL-41, Software Licenses Addendum
a) This Addendum incorporates certai11 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. 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 having jurisdiction over federal procurement matters. 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. 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). 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." 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. 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). Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. 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)
Addendum to Far 52.212-1, Quotation Preparation Instructions:
1. Price Quotation- The Offeror shall propose a firm-fixed-price for all Line Items.
2. Technical Quotation- All offerors shall provide documentation showing that they are authorized resellers or distributors of the product(s) they are proposing or are the Manufacturer. Award will not be made to any offeror without the requested documentation. All quotations shall clearly comply with the Schedule of Required Items.
3. All offerors shall submit the information/documentation required by the provisions in this solicitation.
Quotation Evaluation:
The Government intends to award a purchase order resulting from this solicitation to the lowest price, technically acceptable Offeror. To be technically acceptable, the quotation must clearly demonstrate compliance with the requirements. The Government will evaluate quotations based on the following evaluation criteria: (1) Technical Capability and (2) Price.
1. Technical Capability
An offeror's failure to quote all of the products/services listed above may be considered indicative of the offerors lack of understanding of the Government's requirements and may result in the offer being determined unacceptable. If an evaluation of Non-Acceptable is received, the Offeror will not be considered for Award.
An evaluation of Technically Acceptable / Non-Acceptable will be assigned upon completion of the technical quotation evaluation. Offerors who fail to provide sufficient information (e.g. documentation, specifications, etc.) that clearly demonstrates an ability to meet the Government's technical specifications will be considered non-acceptable. If an evaluation of Non-Acceptable is received, the Offeror will not be considered for Award. All offerors must be authorized to sell and service the products they are proposing to the Government, by the original manufacturer(OEM) certified engineers or technicians.
2. Price
Price will be evaluated for reasonableness. Your company is encouraged to discount it's rates. If price discounts are offered, identify the percentage of price discount and/or price reduction offered.
The Government does not intend to enter into discussions, however, the Government reserves the right to conduct discussions if it is in the best interest of the Government. The Government may award a purchase order on the basis of initial offers received, therefore, each initial quotation shall contain the offeror's best terms.
Due Date and Response Information
Offerors capable of providing the services specified in this combined synopsis/solicitation should submit their quote in writing to: Prateema Carvajal electronically at [email protected]. FAX quotations shall not be accepted. Offerors shall submit their quotations so that NIST receives them not later than March 28, 2019, 8:00 am, EST.