Loren Data's SAM Daily™

FBO DAILY ISSUE OF JANUARY 11, 2008 FBO #2237
MODIFICATION

70 -- Veritas Netbackup 6.5 software licenses, maintenance, and components

Notice Date

1/9/2008
 

Notice Type

Modification
 

NAICS

423430 — Computer and Computer Peripheral Equipment and Software Merchant Wholesalers
 

Contracting Office

Department of Health and Human Services, Program Support Center, Division of Acquisition Management, Parklawn Building Room 5-101 5600 Fishers Lane, Rockville, MD, 20857, UNITED STATES
 

ZIP Code

20857
 

Solicitation Number

Reference-Number-08Y014169
 

Response Due

1/15/2008
 

Archive Date

1/30/2008
 

Point of Contact

Marie Sunday, Contracting Officer, Phone 301-443-7081, Fax 301-443-2761
 

E-Mail Address

MARIE.SUNDAY@PSC.HHS.GOV
 

Description

THE CLOSING DATE FOR THIS SOLICITATION IS EXTENDED PENDING THE POSTING OF RESPONSES TO QUESTIONS SUBMITTED. The Department of Health and Human Services/Administration for Children and Families (ACF) has a requirement for Veritas Netbackup 6.5 software licenses, maintenance, and components to provide capability to backup servers, databases, and other intangible data to the offline media. ACF needs this upgrade (from Version 4.5) as well as the 8x capacity of what ACF currently has, to more efficiently run their backups and protect their production, staging, and development data. This notice constitutes a request for competitive quotes. Due to FAR Subpart 19.102(f) - non manufacturer rule, the Small Business Set-Aside does not apply. Brand Name Justification: ACF currently operates Veritas Netbackup 4.5 as the operating system for tape backups in the ACF production environment. The ACF license has reached end of life, and they have reached a point where support no longer exists. The ACF backup configuration is predicated on the Veritas Solution. ACF recently acquired a new Sun Tape Library to satisfy their expanding capacity and the Veritas software is to accompany it to ensure that the existing and expanded assets can be coordinated in their new backup scheme. The Veritas Netbackup 6.5 software is specifically needed to ensure ACF can backup both the new and the old servers. 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 solicitation is being issued as a request for quote (RFQ) to solicit interested and qualified vendors for the purpose of awarding a commercial Firm Fixed Price (FFP) contract. A purchase order will be awarded in accordance with the simplified acquisition procedures, and all applicable provisions and clauses are incorporated and in effect through Federal Acquisition Circular FAC 2005-22. The applicable NAICS code is 423430, and the small business size standard is 100 employees. All responsible sources may submit a quote that shall be considered. Please see the line item requirements description and quantity below: Line Item Requirements: VeritasNetbackup6.5 Quantity Required 1. SYM NBU 6.5 SRV Win T2 STD LIC 1+ (Mfg#VNB-12530054) 1 EA 2. SYM NBU 6.5 SRV Win T2 STD ESS 1Y +1 (Mfg#VNB-12530153) 1 EA 3. VRTS Netbackup Server 6.5 UNX Tier 1Std Lic Gov Band S (Mfg#12530223) 2 EA 4. VRTS Netbackup Server 6.5 UNX Tier 1 Essential 1Y Gov Band S (Mfg#12530332) 2 EA 5. SYG NBU 6.5 CLNT AP+DB PK WIN T2 ESS (Mfg#VNB-12528082) 2 EA 6. SYG NBU 6.5 CLNT AP+DB PK WIN T2 ESS (Mfg#VNB-12528012) 2 EA 7. SYG NBU 6.5 CLNT AP+DB PK WIN T2 ESS (Mfg#VNB-12528082) 2 EA 8. SYG NBU 6.5 CLNT AP+DB PK WIN T2 ESS (Mfg#VNB-12528012) 2 EA 9. SYG NBU 6.5 STD CLNT XPLAT STD 1+ (Mfg#VNB-12527147) 50 EA 10.SYG NBU 6.5 STD CLNT XPLAT ESS 1Y 1+ (Mfg#VNB-12527137) 10 EA 11.SYG NBU 6.5 STD CLNT XPLAT STD1+ (Mfg#VNB-12527147) 50 EA 12.SYG NBU 6.5 STD CLNT XPLAT ESS 1Y 1+ (Mfg#VNB-12527137) 10 EA 13.SYG NBU 6.5 OPT LIB TP DRV XPLAT STD (Mfg#VNB-12531292) 3 EA 14.SYM NBU 6.5 XPLAT MEDIA (Mfg#VNB-12059771) 3 EA 15.SYM NBU 6.5 CLNT APP+DB WIN T1 1+U (Mfg#VNB-12528101) 8 EA 16.SYM NBU 6.5 CLNT APP+DB WIN T1 ESS 1 (Mfg#VNB-12528037) 8 EA 17.SYM NBU 6.5 ENT CLNT WIN T1 STD 1+ (Mfg#VNB-12527302) 10 EA 18.SYM NBU 6.5 ENT CLNT WIN T1 ESS 1Y (Mfg#VNB-12527334) 5 EA The RFQ responses are due no later than 12:00pm Eastern Time, January 10, 2008. If you have any questions regarding this requirement, please submit your inquiries via email to Marie.Sunday@psc.gov no later than 2:00pm Eastern Time, January 8, 2008. Quotes must be sent via email to Contract Specialist, Derek Davis, at Derek.Davis@psc.gov. Prospective offerors are responsible for downloading the solicitation and any amendments. It is the offeror's responsibility to monitor the FedBizOpps website for the release of any amendments to this solicitation. Hard copies will be provided to individuals eligible under the Americans with Disabilities Act and Rehabilitation Act upon request. Delivery and acceptance shall be made FOB destination at the following address no later than 30 days of contract award: HHS, 901-D Street, S.W., Washington, D.C. 20447. The anticipated award date for this requirement shall be January 25, 2008. Period of Performance: The period of performance will be 1 year from the date of award. Evaluation for Award: HHS will base their award on lowest price technically acceptable. Award will be made on an all or none basis; whereas the awardee must be capable of providing all line items to be eligible for award. PROVISIONS and CLAUSES: The provision at FAR 52.212-1, Instructions to Offerors Commercial Items applies to this solicitation. The following addenda have been attached to this provision: None. Please include a completed copy of the provision at FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS with your offer. A copy of this clause may be obtained at http://www.arnet.gov. The clause at FAR 52.212-4, Contract Terms and Conditions, Commercial Items applies to this acquisition. The following addenda have been attached to the clause: None. CLAUSE INCORPORATED BY FULL TEXT (52.212-5) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS?COMMERCIAL ITEMS (DEC 2007) (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 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: [ ](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) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). [ ](3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [ ](4) [Reserved] [ ](5) (i) 52.219-6, Notice of Total Small Business Set-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. [ ](6) (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. [ ](7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). [ ](8) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2007) (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. [ ](9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). [ ](10) 52.219-16, Liquidated Damages - Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [ ](11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEPT 2005) (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. [ ](12) 52.219-25, Small Disadvantaged Business Participation Program?Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [ ](13) 52.219-26, Small Disadvantaged Business Participation Program?Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [ ](14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C. 657 f). [ ] (15) 52.219-28, Post Award Small Business Program Presentation (JUN 2007) (15 U.S.C 632 (a) (2)). [x](16) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [x](17) 52.222-19, Child Labor?Cooperation with Authorities and Remedies (Aug 2007) (E.O. 13126). [x](18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [x](19) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). [ ](20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212). [x](21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). [ ](22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212). [ ](23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). [x](24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts) [ ] (ii) Alternate I (Aug 2007) of 52.222-50. [ ](25) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000) (42 U.S.C. 6962(c)(3)(A)(ii)). [ ] (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). [ ] (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). [ ](27) 52.225-1, Buy American Act?Supplies (June 2003) (41 U.S.C. 10a-10d). [ ](28) (i) 52.225-3, Buy American Act?Free Trade Agreements?Israeli Trade Act (JUNE 2006) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-169. [ ] (ii) Alternate I (Jan 2004) of 52.225-3. [ ] (iii) Alternate II (Jan 2004) of 52.225-3. [ ](29) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [x](30) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [ ](31) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [ ](32) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [ ](33) 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)). [ ](34) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [x](35) 52.232-33, Payment by Electronic Funds Transfer?Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). [ ](36) 52.232-34, Payment by Electronic Funds Transfer?Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). [ ](37) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332). [ ](38) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [ ](39) (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, as Amended (July 2005) (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) (May 1989) (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 (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [ ] (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 (Nov 2007) (41 U.S.C. 351, et seq.). [ ] (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (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 paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause? (i) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965, as Amended (July 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.). (vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (viii) 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.). (ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (x) 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) *** All responses to this notice must be sent via email to Derek.Davis@psc.gov. NOTE: THIS NOTICE WAS NOT POSTED TO FEDBIZOPPS ON THE DATE INDICATED IN THE NOTICE ITSELF (09-JAN-2008); HOWEVER, IT DID APPEAR IN THE FEDBIZOPPS FTP FEED ON THIS DATE. PLEASE CONTACT fbo.support@gsa.gov REGARDING THIS ISSUE.
 

Web Link

Link to FedBizOpps document.
(http://www.fbo.gov/spg/HHS/PSC/DAM/Reference-Number-08Y014169/listing.html)
 

Place of Performance

Address: 901-D Street, S.W., Washington, D.C.

Zip Code: 20447

Country: UNITED STATES
 

Record

SN01482526-F 20080111/080109230625 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

---

| FSG Index  |  This Issue's Index  |  Today's FBO Daily Index Page |