SOLICITATION NOTICE
L -- Purchase of Software Technical Support
- Notice Date
- 10/27/2009
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541519
— Other Computer Related Services
- Contracting Office
- Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer (C2CEN), USCG Command and Control Engineering Center, 4000 Coast Guard Boulevard, Portsmouth, Virginia, 23703-2199
- ZIP Code
- 23703-2199
- Solicitation Number
- HSCG-10-Q-PC8000
- Archive Date
- 11/19/2009
- Point of Contact
- James A Lassiter, Phone: (757)686-2149, Carrie Houck,
- E-Mail Address
-
james.a.lassiter@uscg.mil, Carrie.F.Houck@uscg.mil
(james.a.lassiter@uscg.mil, Carrie.F.Houck@uscg.mil)
- Small Business Set-Aside
- N/A
- Description
- This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subart 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 HSCG44-10-Q-PC8000.This number is for tracking purposes only. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-37. This procurement will be processed in accordance with FAR Part 12. The North American Industry Classification System (NAICS) is 541519. The SBA size standard in dollars is $25 Million. This is Not a Small Business Set-Aside, due to this acquisition being a Sole Source Procurement it is not anticipated that there will be 2 or more qualified Small Business Concerns to provide pricing for this requirement. The USCG Command and Control Engineering Center (C2CEN) Ports. Va. 23703 intends to purchase on a non-competitive basis with TRANSAS USA INC.. for the purchase of 24/7 Technical Support for the ECDIS( Electronic Charting and Display Information System) Software IAW the below SOW. TRANSAS USA INC. is the OEM of this Software and has proprietary data rights. The Coast Guard does not own nor can they obtain specifications or other technical data for this System and associated Software. Request for such will be disregarded. The proposed contract action resulting from this synopsis/solicitation for commercial supplies is the Governments intention to solicit and negotiate with only one source under the authority of FAR 6.302-1 & 13.106-1(b). Interested persons/parties may identify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive proposals. However, all proposals received within 5 days after date of publication of this synopsis/solicitation will be considered by the Government. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement, and for informational purposes. The contractor for this proposed Sole Source contract is: TRANSAS USA INC. Cage Code: 1K9D6 This is Considered to be a Sole Source Acquisition. See below attached Justification for Other Than Full and Open Competition. 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/Quotations may be submitted on company letterhead stationary and must include the following information: Cost breakdown, Unit Price, Extended Price, Delivery of Subscription, Payment Terms and discount offered for prompt payment. The closing date and time for receipt of offers is Nov/04/2009 @ 8:00 AM EST. Facsimile and E-mail quotes are acceptable and may be faxed to (757) 686-4018 or E-mailed to the primary POC James A. Lassiter Contracting Officer James.A.Lassiter@uscg.mil 2nd POC Ms. Carrie Houck Contracting Officer, USCG Carrie.F.Houck@uscg.mil *PLEASE NOTE* Offerors are to provide Firm Fixed Prices,by Nov/04/2009 @ 8:00am EST. The Anticipated Award Date for the Purchase Order Contract is Nov/05/2009, this date is approximate and not exact. The Following FAR Provisions apply to this Acquisition: FAR 52.212-1 Instructions to Offerors FAR 52.212-2 Evaluation-Commercial Items (a) Overall Best Value to the Government FAR 52.212-3 Offeror Representations and Certifications-Commercial Items, Offerors should be registered in CCR, Central Contractors Registration The Following FAR Clauses apply to this Acquisition: FAR 52.212-4 Contract Terms and Conditions-Commercial Items FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items The government intends to award a Purchase Order Contract resulting from this solicitation to the responsible bidder quotation conforming to the solicitation which will be most advantageous and Overall BEST VALUE to the Government, price and other factors considered. FAR 52.212-1 Instructions to Offerors-Commercial Items (JUN 2008), FAR 52.212-2 Evaluation-Commercial Items (JAN 1999)- award will be made to the Offeror proposing the Best Value to the Government considering specification,price, delivery, and past performance, and quality. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (AUG 2009) to include Alt I (APR 2002). These certifications must be included with quote and can be accessed and downloaded via FedBizOps with this RFQ. Contractors are encouraged to submit through http://orca.bpn.gov OPTIONS 52.217-4 Evaluation of Options (JULY 1990) It is anticipated for a Base Period of 6 months with 4,One Year Option Periods of Service for this Contract. Total Length of Service with all Options Excercised would be 52 Months 52.217-9 Option to Extend the Term of the Contract (March 2000) OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 52 months. (End of clause) FAR 52.212-4 Contract Terms and Conditions –Commercial Items (MAR 2009) with the following addendas: FAR 52.252-2 Clauses Incorporated by Reference (Jun 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 Central Contractor Registration (CCR)(Jul 2006). Contractors are located and identified in CCR by their DUNS number. To facilitate payment via Electronic Funds Transfer – CCR, contractors should be registered in the CCR. A DUNS Number can be obtained via www.dnb.com and CCR registration can be obtained via www.ccr.dlis.dla.mil End of Clause FAR 52.212-5, Contract Terms and Conditions to Implement Statutes or Executive Orders –Commercial Items (SEPT 2009), The following Clauses and others as indicated by the Contracting Officer as applicable shall apply to the awarded contract. FAR 52.222-3 Convict Labor (JUN 2003) (E.O. 11755) FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (AUG 2009) (E.O. 13126) FAR 52.222-21 Prohibition of Segregated Facilities (FEB 1999) FAR 52.222-26 Equal Opportunity (MAR 2007)(E.O. 11246), FAR 52.222-35 Equal Opportunity for Special Disable Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212), FAR 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)(29 U.S.C. 793), FAR 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006)(38 U.S.C. 4212), FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)(E.O. 12722,12724,13059.13067,13121, and 13129) FAR52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003)(31 U.S.C. 3332) End of Clause The following clauses are incorporated by reference, entire clause(s) available at http://www.arnet.gov/far; HOMELAND SECURITY ACQUISITION REGULATION (48CFR CHAPTER 30) CLAUSES (can be accessed electronically at www.dhs.gov/dhspublic) HSAR 3052.209–70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUNE 2006). NOTICE TO OFFERORS CONCERNING REPRESENTATIONS AND CERTIFICATIONS: This solicitation contains FAR Clause 52.204-7, Central Contractor Registration and FAR Provision 52.204-8, Annual Representations and Certifications. In accordance with FAR 4.1201 prospective contractors are required to submit annual representations and certifications via the Online Representations and Certifications Application (ORCA) at http://orca.bpn.gov. Please ensure completion prior to submission of your quote. Also note that paragraph (b) of FAR 52.204-8, applies. The following Statement/Information is in reference to this Acquisition being considered to be a Sole Source Acquisition based on the following as provided to the Contracting Officer and hereby agreed upon. Justification for Other Than Full and Open Competition. (a) Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited. As a minimum, each justification shall include the following information: (1)Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition." USCG Command and Control Enginerring Center, C2CEN Portsmouth Va. (2)Nature and/or description of the action being approved. A Support Contract for the Electronic Charting and Display Information System (ECDIS) installed on all 87 foot Coast Patrol Boats (CPB). Support is to be available 24 hours a day, 7 days a week, via telephone or e-mail. This requirement is for a Base Period of 6 months from award date, with 4, One Year Option Periods. (3)A description of the supplies or services required to meet the agency's needs The Support contract provides fleet users 24/7 support for the primary navigation system on the 87’ CPB. This support is critical to safe navigation for this class of CG Cutter. Estimated value of this requirement is $22,000.00 (4)An identification of the statutory authority permitting other than full and open competition. 6.302-1 (2)(iii) Services may be deemed to be available only from the original source in the case of a follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in a substantial duplication of cost to the Government that is not expected to be recovered through competition. (5)A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited. The TRANSAS hardware and software applications for the ECDIS are Brand Specific. Only TRANSAS USA INC. or their authorized support facilities are authorized and trained to support the specialized system. (6)A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies. – Requirement shall be posted on FED BIZ OPS as Brand Specific, with a statement that offerors that propose/quote will be considered by the Government. (7)A determination by the contracting officer that the anticipated cost to the Government will be Fair and Reasonable. Prices offered are F&R as compared to previous awarded Contract. (8)A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted. TRANSAS is the OEM and is the only Brand Specific for the ECDIS Software Applications. No other Manufacture can provide the Support for this Software. This is a follow-on contract to for system support. At the time of the original purchase for the ECDIS System the base-line was determined. The competition was accomplished at that time. (9) Any other facts supporting the use of other than full and open competition, such as: (i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available. TRANSAS is the OEM of this Software and no other known contractor or vendor can support this Software for this CG application on these CG Cutters. (ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(iii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived. A replacement system for TRANSAS would be approx $100,000 per hull. 73 hulls plus two engineering baseline systems @ $100k each = $7.5 million ________________________ (iii) When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government. ******* (10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition. None at this time. (11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. None at this time. (12) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief. (b) Each justification shall include evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government's minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel. LT. Arthur Martin James A. Lassiter Technical (signature)Contracting Officer (signature) STATEMENT OF WORK(SOW) SHORT TITLE: Transas ECDIS 24/7 System Support 1.PLACE(S) OF PERFORMANCE: Transas USA, Inc 18912 North Creek Parkway Suite 100 Bothell, WA 98011 2.REFERENCES: None 3.SPECIFICATIONS: None 4.PERIOD OF PERFORMANCE: 4.1.Base Period: Award Date – 27 April 2010 4.2.Option Period One: 28 April 2010 – 27 April 2011 4.3.Option Period Two: 28 April 2011 – 27 April 2012 4.4.Option Period Three: 28 April 2012 – 27 April 2013 4.5.Option Period Four: 28 April 2013 – 27 April 2014 5.SECURITY REQUIREMENTS: 5.1.Access to Unclassified Facilities, Information Technology Resources, and Sensitive Information: 5.1.1.The assurance of the security of unclassified facilities, Information Technology (IT) resources, and sensitive information during the acquisition process and contract performance are essential to the DHS mission. DHS Management Directive (MD) 11042.1 Safeguarding Sensitive But Unclassified (For Official Use Only) Information, describes how contractors must handle sensitive but unclassified information. DHS MD 140-01 Information Technology Systems Security and the DHS Sensitive Systems Handbook prescribe policies and procedures on security for IT resources. Contractors shall comply with these policies and procedures, any replacement publications, or any other current or future DHS policies and procedures covering contractors specifically for all Task Orders that require access to DHS facilities, IT resources or sensitive information. Contractors shall not use or redistribute any DHS information processed, stored, or transmitted by the contractor except as specified in the task order. 5.2.Security Review: 5.2.1.The Government may elect to conduct periodic reviews to ensure that the security requirements contained in this contract are being implemented and enforced. The Contractor shall afford DHS including the organization of the DHS Office of the Chief Information Officer, the Office of the Inspector General, authorized Contracting Officer’s Technical Representative (COTR), and other government oversight organizations, access to the Contractor’s facilities, installations, operations, documentation, databases, and personnel used in the performance of this contract. The Contractor will contact the DHS Chief Information Security Officer to coordinate and participate in the review and inspection activity of government oversight organizations external to the DHS. Access shall be provided to the extent necessary for the government to carry out a program of inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of DHS data or the function of computer systems operated on behalf of DHS, and to preserve evidence of computer crime. 5.3.HSAR 3052.204-71 Contractor Employee Access Clause: 5.3.1.Sensitive Information, as used in this Chapter, means any information, the loss, misuse, disclosure, or unauthorized access to or modification of which could adversely affect the national or homeland security interest, or the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information: 5.3.1.1.Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee); 5.3.1.2.Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee); 5.3.1.3.Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and 5.3.1.4.Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures. 5.3.1.4.1.“Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites. 5.3.1.4.2.Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures. 5.3.1.4.3.The Contracting Officer may require the contractor to prohibit individuals from working on the contract if the government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns. 5.3.1.4.4.Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those contractor employees authorized access to sensitive information, the contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance. 5.3.1.4.5.The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources. 6.CONTRACT MANAGEMENT DESIGNATION: 6.1.The Contracting Officer Technical Representative (COTR) for this task is LT Arthur P. Martin, USCG C2CEN, who can be reached at (757) 686-4179. 6.2.The Contractual POC for this Contract is James A. Lassiter, USCG Contracting Officer who can be reached at (757) 686-2149 James.A.Lassiter@uscg.mil 6.3.Project Manager. The Contractor shall provide a Project Manager who shall be responsible for all Contractor work performed under this Contract. 6.3.1.The Project Manager shall be a single point of contact for the Contracting Officer and the Contracting Officer’s Technical Representative (COTR). It is anticipated that the Project Manager shall be one of the senior level employees provided by the Contractor for this work effort. The name of Project Manager, and the name(s) of any alternate(s) who shall act for the Contractor in the absence of the Project Manager, shall be provided to the Government as part of the Contractor's proposal. During any absence of the Project Manager, only one alternate shall have full authority to act for the Contractor on all matters relating to work performed under this task order. The Project Manager and all designated alternates shall be able to read, write, speak and understand English. Additionally, the Contractor shall not replace the Project Manager without prior acknowledgement from the Contracting Officer. 6.3.2.The Project Manager shall be available to the COTR via telephone between the hours of 0800 and 1600 EST, Monday through Friday, and shall respond to a request for discussion or resolution of technical problems within 4 hours of notification. 7.DESCRIPTION OF WORK: 7.1.Scope: The United States Coast Guard (USCG) has requirements to operate and maintain the Transas NS3000 and NS3100 Electronic Chart Display and Information Systems (ECDIS) on all USCG 87’ WPB cutters (73 total), USCG Academy Simulators (5 total), and USCG Command and Control Engineering Center (C2CEN) engineering baseline systems (2 total). 7.2.Background: The contractor shall provide all Services necessary to accomplish the work described herein. The scope of work for this task shall consist of that effort required to provide 24 hour per day, 7 days per week, telephone and e-mail support for ECDIS operations and maintenance to USCG ECDIS users and maintainers. 7.3.Tasks: 7.3.1.Telephone Support: 7.3.1.1.Contractor shall provide live operations and Technical Support via a toll-free number. The toll-free number shall be manned 24 hours per day, 7 days per week. 7.3.1.2.The contractor shall notify the COTR of any problem that is not resolved within four hours of initial notification. Notification shall be via e-mail to the COTR, arthur.p.martin@uscg.mil. 7.3.2.E-Mail Support: 7.3.2.1.Contractor shall provide, after initial notification from USCG personnel to the toll-free number addressed in paragraph 6.3.1.1, a valid e-mail address to exchange systems operations and technical data. 8.GOVERNMENT FURNISHED INFORMATION (GFI): 8.1.The Government will make available to the contractor, upon request, platform specific ECDIS configuration and software version installed (NS3000 or NS3100) to facilitate troubleshooting efforts. 9.GOVERNMENT FURNISHED MATERIAL (GFM): N/A 10.GOVERNMENT FURNISHED EQUIPMENT (GFE): N/A 11.CONTRACTOR FURNISHED EQUIPMENT (CFE): N/A 12.CONTRACTOR FURNISHED MATERIAL (CFM): N/A 13.TRAVEL REQUIREMENTS: N/A 14.TRANSPORTATION OF EQUIPMENT/MATERIAL: N/A 15.DATA DELIVERABLES: 15.1.The contractor shall provide a quarterly report via e-mail to the COTR, arthur.p.martin@uscg.mil. At a minimum the report shall contain the following: •USCG unit calling for support •Date and time of call •Problem description •Problem resolution •Date and time of problem resolution 16.SUB-CONTRACTING REQUIREMENTS: N/A 17.ACCEPTANCE PLAN 17.1.All work to be performed under this work order will be accepted by the COTR. 18.OTHER CONDITIONS/REQUIREMENTS: N/A 19.LIST OF ATTACHMENTS: N/A
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