SOLICITATION NOTICE
70 -- Log Analysis SoftwareBrand Name or Equal to XPOLog
- Notice Date
- 12/6/2007
- Notice Type
- Solicitation Notice
- NAICS
- 541511
— Custom Computer Programming Services
- Contracting Office
- Department of Veterans Affairs;Acquisition Management Section/00D;1615 Woodward Street;Austin TX 78772
- ZIP Code
- 78772
- Solicitation Number
- VA-200-08-RQ-0012
- Response Due
- 12/10/2007
- Archive Date
- 1/9/2008
- Point of Contact
- lateefah.parker@va.gov
- Small Business Set-Aside
- N/A
- Description
- 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; proposals are being requested and a written solicitation will not be issued. BRAND NAME OR EQUAL to XPOLog. REQUIREMENT: 200 EA Software License V3 of XpoMgr and XpoSRch and Dashboard purchased based on number of types of logs. Requirement is for a 200 qty log license. 100 EA, CPU adder based on the number of CPUs on the servers accessed by XPOLog. 1EA Software Maintenance for V3 of XPOMgr, XPOSRch and Dashboard. Please note that software maintenance may be paid only in arrears per 31 U.S.C. 3324. Period of Performance: Date of Acceptance through 12 months. Coverage: Normal Business hours 8am to 5pm, support via email. Response Time: 24 hr. The log analysis software package shall enable efficient log review across multiple applications and servers. Software requirements: (1) Provide a web based, remote graphical user interface for the analysis of any log type on Linux, Solaris Unix, HP Unix, or Windows. (2) Filter displayed log entries based on pre-defined filter rules. (3) Present log output as a virtual consolidated log that combines multiple logs into a single log ordered by time stamp. (4) Provide for searching across multiple logs to present only logs containing the search criteria. (5) Create reports and charts of number of specific event occurrences over time or aggregated by type. (6) Automated anomalous event detection and alerting via email with the option of log data as an attachment. (7) Not require an agent to be deployed on analyzed servers or require changes to application code or application server configuration. (8) Use Active Directory for user authentication and provisioning. (9) Allow for historical and real time analysis (10) Execute scheduled scripts to perform routine log related operations. (11) Communicate securely via SSL or SSH. (12) Analyze data in any format, including custom log, script outputs and diagnostic utilities, and changes in configuration files. (13) Real-time update; an event is searchable as soon as it hits the log. (14) Granular access controls that limit certain users to searching subsets of data. (15) Configurable archival and data retention policies, and resurrection of archived data for analysis. (16) No dependence on a specific back-end database or front-end web server. Governing Law. Federal law and regulations, including the Federal Acquisition Regulations (FAR), shall govern this Contract Order. Commercial license agreements may be made a part of this Contract but only if both parties expressly make them an addendum. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on this Contract Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap) or any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Governments use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation or the incorporated FAR clauses; those provisions in the commercial license agreement that do not address data rights regarding the Governments use, duplication and disclosure of data shall not be included or made a part of the Contract Order. Federal law and regulation, including without limitation, the Contract Disputes Act (41 U.S.C. 601-613), the Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the Competition in Contracting Act (41 U.S.C. 251, et seq), the Prompt Payment Act (31 U.S.C. 3901, et seq.) and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control and render ineffective any inconsistent, conflicting or duplicative provision in any commercial license agreement. In the event of conflict between this clause and any provision in the Contract Order or the commercial license agreement or elsewhere, the terms of this clause shall prevail. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ). 28 U.S.C. 516. At the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract Order must be made by contract modification (Standard Form 30). Nothing in this Contract Order or any commercial license agreement shall be construed as a waiver of sovereign immunity. APPLICABLE PROVISIONS AND CLAUSES (1) FAR 52.212-1, Instructions to Offeror--Commercial Items; (2) 52.212-2 Evaluation Commercial Items; EVALUATION FACTORS: The contract type for this procurement will be Firm-Fixed Price and award will be made based on lowest price technically acceptable basis; this software must meet the features of XPOLog software; alternate brand must meet technical specifications of the XPOLog product. 1). Quoters capability to provide a quality product that meets the Governments needs. Total cost and/or price. (3) FAR 52.212- 3 (Alternate 1), Offeror Representations and Certifications--Commercial Items; (4) FAR 52 .212-4, Contract Terms and Conditions--Commercial It ems; (5) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive Orders--Commercial Items; the following clauses are applicable and incorporated by reference; FAR 52.222-19, Child Labor; FAR 5 2.222-26, Equal Employment Opportunity; FAR 52.222-21 Prohibition of Segregated Facilities; FAR 52.222-36, Affirmative Action for Workers with Disabilities; FAR 52.232-33 Payment by Electronic Transfer of Funds; (6) FAR 52.212-5 (Deviation); (7) FAR 52.227-14, Rights in DataGeneral (Jun 1987), Alt III; (8)FAR 52.227-16, Additional Data Requirements (Jun 1987); (9) FAR 52.227-19, Commercial Computer Software-Restricted Rights (Jun 1987); (10) FAR 52.211-6, Brand Name or Equal. The following clauses are added by addendum: A.2 Contracting Officers Authority. 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/Order, the said authority remains solely within the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. A.3 VAAR 852.270-1 Representatives of Contracting Officers (APR 1984); A.4 VAAR 852.270-4 Commercial Advertising (NOV 1984); A.5 VAAR 852.237-70 Contractor Responsibilities (APR 1984); A.6 Indemnification. The Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any Contractor property or property owned by a third party occurring in connection with or in any way incident to or arising out of the occupancy, use service, operation, or performance of work under the terms of the Contract/Order, resulting in whole or in part from the acts or omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor. A.7 Governments Liability. The Government shall not be liable for any injury to the Contractor's personnel or damage to the Contractor's property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to other Federal statutory authority. A.10 Uniform Computer Information Transaction Act (UCITA). UCITA is not applicable to the Contract or this Order. A.11 Software License and Software Maintenance Subscription and Technical Support. (1) Definitions. (a) Licensee. The term licensee shall mean the U.S. Department of Veterans Affairs (VA) and is synonymous with Government. (b) Licensor. The term licensor shall mean the software manufacturer of the computer software being acquired. The term Contractor is the company identified in Block 17a on the SF1449. If the Contractor is a reseller and not the Licensor, the Contractor remains responsible for performance under this Contract. (c) Software. The term software shall mean the licensed computer software product(s) cited in the Schedule of Supplies (Page 2). (d) Maintenance. The term maintenance is the process of enhancing and optimizing software, as well as remedying defects. It shall include all new fixes, patches, releases, updates, versions and upgrades, as further defined below. (e) Technical Support. The term technical support refers to the range of services providing assistance for the software via the telephone, email, a website or otherwise. (f) Release or Update. The term release or update are terms that refer to a revision of software that contains defect corrections, minor enhancements or improvements of the softwares functionality. This is usually designated by a change in the number to the right of the decimal point (e.g., from Version 5.3 to 5.4). An example of an update is the addition of new hardware. (g) Version or Upgrade. The term version or upgrade are terms that refer to a revision of software that contains new or improved functionality. This is usually designated by a change in the number to the left of the decimal point (e.g., from Version 5.4 to 6). (2) License. Grant of License and Term. (a) See also Addendum B. (b) Unless otherwise stated in the Schedule of Supplies/Services, the software license provided to the Government is a perpetual, nonexclusive license to use the software. (c) The license authorizes the Government to use the software in processing data for other federal agencies. (d) If the licensed software requires a password (or license key) to be operational, it shall be delivered with the software media and have no expiration date. (e) If the Government decides to outsource or contract its services, the Government may allow the outsourcer to use the licensed software solely to provide the services on its behalf. The outsourcer shall be bound by the provisions of this Contract relating to the use of the software. (f) If the software is for use in a networked environment, as may be reflected by the number of servers or users described in the Contract/Order, the license grant provided by the Contractor includes the Governments use of the software in such environment. (g) Any dispute regarding the license grant or usage limitations shall be resolved in accordance with the Disputes Clause incorporated in FAR 52.212-4(d). (h) If the Government purchases additional licenses, the terms and conditions for those additional licenses (including technical support and upgrade subscription) shall be the same as agreed to in this Contract/Order, unless negotiated otherwise by mutual agreement of the parties. (i) If the Contractor is a reseller for the computer software being acquired under this Contract/Order, it is permissible for the actual software manufacturer (Licensor) to deliver the software directly to the Government. (j) All limitations of software usage are expressly stated in the SF 1449 and Addendum A and Addendum B. (3) Software Maintenance Subscription and Technical Support. (a) See also Addendum B. (b) Software maintenance and technical support are included at the agreed upon price. However, if additional charges are assessed during the maintenance and technical support period as a result of negotiated changes in the license (e.g., CPU upgrades), the fee shall be by mutual agreement of the parties and any dispute thereof shall be resolved in accordance with the Disputes Clause incorporated herein at FAR 52.212-4(g). (c) If the Government desires to continue software maintenance and support beyond the period identified in this Contract/Order, the Government will issue a separate contract or order to renew annual maintenance and technical support. Conversely, if an order or contract to renew software maintenance and technical support is not received, no assumption by the Contractor shall be made that it has been renewed. It shall not be automatically renewed. (d) Unless otherwise agreed, for any new additional software that may be licensed, the Contractor shall provide for software maintenance and technical support for the first year of the license at no additional cost. (e) Unless otherwise agreed, the Contractor shall provide VA with software maintenance, which includes periodic updates, upgrades, enhancements and corrections to the software, and reasonable technical support, all of which are customarily provided by the Contractor to its customers so as to cause the software to perform according to its specifications, documentation or demonstrated claims. (f) Any telephone support provided by Contractor shall be at no additional cost. (g) All technical support services will be provided in a timely manner in accordance with the Contractors customary practice. However, prolonged delay in resolving software problems will be noted in the Governments various past performance records on the Contractor (e.g., www.ppirs.gov). (h) If the Government allows the maintenance and/or technical support to lapse and subsequently wishes to reinstate maintenance and technical support, any reinstatement fee charged shall not exceed the amounts that would have been charged if the Government had not allowed it to lapse. A.12 Disaster Recovery Clause. Government hereby certifies to Contractor that it has a bona fide disaster plan with respect to the computer software programs used in its operations. The Contract/Order authorizes the Government's operation to maintain a second copy of software on tape for use at loading at sites that are not live (e.g. subscription-based disaster recovery services) for the sole purpose of duplicating or mirroring the software environment of the "primary" licenses at the designated licensed site and as described herein. Additionally, use of the software at the contingency sites must not include general access or any processing for program development or production. Contractor shall permit operation and testing of all licensed programs at the contingency sites as designated by the Government without prior approval and at no additional cost to the Government solely for the purpose of maintaining or implementing disaster recovery readiness including continuity of business operations. CPUs, MIPS or MSUs at these contingency sites are excluded from the total CPUs, MIPS or MSUs count included elsewhere in the Contract/Order and are not separately billable. Activation of operations at a contingency site shall be at Government's discretion. Government is authorized to install all software at the contingency sites for testing, problem resolution purposes, and to ensure there will be no operational delays in association with transition of workload from the designated licensed site to the contingency sites. Use of the software at the contingency sites in the event of a disaster shall continue until such time as normal processing can be resumed at the "primary" site regardless of the duration required. Nothing in the Contract/Order diminishes the Government's rights in accordance with the data rights clause(s). Any license keys, codes, or passwords required by the Contractor in order to use the software at the contingency sites shall be provided to the Government within 10 days of the Governments request. A.13 Disabling Software Code. The Government requires delivery of computer software that does not contain any code that will, upon the occurrence or the nonoccurrence of any event, disable the software. Such code includes but is not limited to a computer virus, restrictive key, node lock, time-out or other function, whether implemented by electronic, mechanical, or other means, which limits or hinders the use or access to any computer software based on residency on a specific hardware configuration, frequency of duration of use, or other limiting criteria. If any such code is present, the Contractor agrees to indemnify the Government for all damages suffered as a result of a disabling caused by such code, and the Contractor agrees to remove such code upon the Governments request at no extra cost to the Government. Inability of the Contractor to remove the disabling software code will be considered an inexcusable delay and a material breach of contract, and the Government may exercise its right to terminate for cause. In addition, the Government is permitted to remove the code as it deems appropriate and charge the Contractor for consideration for the time and effort in removing the code. A.13 NOTICE OF THE FEDERAL ACCESSIBILITY LAW AFFECTING ALL ELECTRONIC AND INFORMATION TECHNOLOGY PROCUREMENTS (SECTION 508) On August 7, 1998, Section 508 of the Rehabilitation Act of 1973 was amended to require that when Federal departments or agencies develop, procure, maintain, or use Electronic and Information Technology, that they shall ensure it allows Federal employees with disabilities to have access to and use of information and data that is comparable to the access to and use of information and data by other Federal employees. Section 508 required the Architectural and Transportation Barriers Compliance Board (Access Board) to publish standards setting forth a definition of electronic and information technology and the technical and functional criteria for such technology to comply with Section 508. These standards have been developed were published with an effective date of December 21, 2000. Federal departments and agencies must develop all Electronic and Information Technology requirements to comply with the standards found in 36 CFR 1194 .___*____ in performing this contract. The full text of FAR clauses may be accessed electronically at http//farsite.hill.af.mil. ADDITIONAL INFORMATION: FOB: Destination. Site Location: Austin, TX. Inspection/ Acceptance: Destination. Delivery Date: 10 days after award. Quotes are due no later than 3:00pm CDT on 10 December, 2007. Quotes can be emailed to: lateefah.parker@va.gov. Electronic submittal is required; facsimiles accepted at fax number 512-326-6028. Quote must arrive by the date and time specified and shall (1) be clearly marked with the quotation number, Quoters name, address, point of contact, phone number, and email address; include itemized list of software and maintenance being offered; and (3) Include delivery schedule. Failure to provide all information requested may result in quote being considered non-responsive. Questions may be e-mailed to Lateefah.parker@va.gov. PLEASE NO TELEPHONE CALLS.
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- SN01465020-W 20071208/071206223740 (fbodaily.com)
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