MODIFICATION
D -- BMC or Equal Software Maintenance
- Notice Date
- 12/15/2009
- Notice Type
- Modification/Amendment
- NAICS
- 423430
— Computer and Computer Peripheral Equipment and Software Merchant Wholesalers
- Contracting Office
- Department of Health and Human Services, Centers for Medicare & Medicaid Services, Office of Acquisition and Grants Management, 7500 Security Blvd., C2-21-15, Baltimore, Maryland, 21244-1850
- ZIP Code
- 21244-1850
- Solicitation Number
- RFP-CMS-2010-8a-0002
- Archive Date
- 1/5/2010
- Point of Contact
- Nathaniel M. Barbato, Phone: 4107865703, Andy R. Mummert, Phone: 410-786-0403
- E-Mail Address
-
Nathaniel.Barbato@cms.hhs.gov, andrew.mummert@cms.hhs.gov
(Nathaniel.Barbato@cms.hhs.gov, andrew.mummert@cms.hhs.gov)
- Small Business Set-Aside
- Competitive 8(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. This solicitation is for an 8(a) set aside with an associated NAICS code of 423430. CMS requires a 12 month base period of performance followed by three additional one-year optional periods. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-37. This solicitation is issued as a request for proposal (RFP). The RFP # is RFP-CMS-2010-8A-0002. All Proposals are due by 12:00 pm Friday December 18, 2009 and should be submitted electronically to Nathaniel Barbato at Nathaniel.Barbato@cms.hhs.gov Any questions regarding this solicitation should be forwarded to Nathaniel Barbato via email at Nathaniel.Barbato@cms.hhs.gov. Please copy Andrew Mummert on any correspondence at Andrew.Mummert@cms.hhs.gov as well as on the proposal. Products required: CLIN 0001 BMC Software Apptune for DB2 SQL Explorer for DB2 or equivalent, Quantity= 5787 MIPS. Must have the following salient characteristics: • Enables application programmers and DBAs to diagnose and correct application performance problems. CLIN 0002 BMC Software CATALOG MANAGER for DB2, CHANGE MANAGER for DB2, COPY PLUS for DB2, LOADPLUS for DB2, SNAPSHOT UPGRADE FEATURE for DB2, UNLOAD PLUS for DB2, or Equivalent, Quantity= 5787 MIPS Must have the following salient characteristics: • Manages very large ERP or CRM DB2 environments • Mitigates risk of error when performing structural changes to DB2 objects • Provides complete schema management for large objects • Provides work list parallelism CLIN 0003 BMC Software BMC Performance Perceiver for Mainframes, BMC Performance Analyzer for Mainframe Applications, BMC Performance Analyzer for Mainframes, BMC Performance Predictor for Mainframes, or equivalent, Quantity=5787 MIPS. Must have the following salient characteristics: • Predicts the impact of change on resources • Tests solutions without disruption to environment • Ensures that new applications have the resources necessary to meet goals • Validates system investments, such as zIIP and zAAP specialty processors, through predictive modeling • Measures impact of business demand • Facilitates tracking and managing to service levels • Provides business application performance metrics CLIN 0004 BMC Software MainView for DB2, Pool Advisor for DB2, Opertune for DB2, or equivalent, Quantity= 5787 MIPS. Must have the following salient characteristics: • Provides real-time management and tuning of DB2 performance • Integrates with BMC's SmartDBA family of products CLIN 0005 (Quickstart/MVS) BMC Software REORG PLUS for DB2, SNAPSHOT UPGRADE FEATURE for DB2, DASD MANAGER PLUS for DB2, or equivalent, Quantity=5787 MIPS. Must have the following salient characteristics: • Provides database performance management • Provides customizable automation to manage larger workloads. • Scales to rapid environment growth and complexity. CLIN 0006 (SmartDBA Database Performance for DB2) BMC Software REORG PLUS for DB2, SNAPSHOT UPGRADE FEATURE for DB2, DASD MANAGER PLUS for DB2, or equivalent, Quantity= 5787 MIPS. Must have the following salient characteristics: • Provides database performance management. • Provides customizable automation. • Scales to rapid environment growth and complexity CLIN 0007 BMC Software Recovery Manager for DB2, Recover Plus for DB2, COPY PLUS for DB2, Log Master for DB2, SNAPSHOT UPGRADE FEATURE for DB2, or equivalent, Quantity= 5787 MIPS. Must have the following salient characteristics: • Ensures data integrity • Verifies resource availability and recoverability • Provides for recovery Provides for back out recovery • Provides for backup and recovery avoidance • Provides disaster recovery data collection and analysis • Provides disaster recovery simulation and estimation • Provides copy and recovery • Provides DR mirror management • Provides Automatic drop recoveries This software must be installed and maintained in the CMS Data Center, 7500 Security Blvd, Baltimore, Maryland, FOB Destination. The provision 52.212-1 Instructions to Offerors-Commercial Items (June 2008) applies to this acquisition. There are no addenda to this provision. Provisions & Clauses Following are the applicable provisions and contract clauses incorporated by reference: FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006); FAR 52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000) Alternate I (Oct 1995); FAR 52.204-7 Central Contractor Registration (Apr 2008); FAR 52.212-1 Instructions to Offerors Commercial Items (June 2008); FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Mar 2009); FAR 52.219-28 Post-Award Small Business Program Rerepresentation (Apr 2009); FAR 52.225-13 Restrictions on Certain Foreign Purchases (June 2008); FAR 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003); FAR 52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information (May 1999); FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (AUG 2009); FAR 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004); FAR 52.239-1 Privacy or Security Safeguards (Aug 1996). FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Sept 2009), paragraph b is tailored to incorporate the following clauses: (52.222-50, Combating Trafficking in Persons (Feb 2009); Alternate I (Aug 2007) of 52.222-50; 52.219-14, Limitations on Subcontracting (Dec 1996); 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009); 52.222-3, Convict Labor (June 2003); 52.222-21, Prohibition of Segregated Facilities (Feb 1999); 52.222-26, Equal Opportunity (Mar 2007); 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006); 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998); 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006); 52.222-54, Employment Eligibility Verification (JAN 2009); 52.225-13, Restrictions on Certain Foreign Purchases (June 2008); 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003); 52.239-1, Privacy or Security Safeguards (Aug 1996); 52.222-41, Service Contract Act of 1965 (Nov 2007); 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989); 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009); 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009); 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008); 52.219-8, Utilization of Small Business Concerns (May 2004); 52.222-26, Equal Opportunity (Mar 2007); 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006); 52.222-36, Affirmative Action for Workers with Disabilities (June 1998); 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004); 52.222-41, Service Contract Act of 1965 (Nov 2007);52.222-54, Employment Eligibility Verification (JAN 2009). FAR clauses are available in full text at http://www.arnet.gov/far. The following are additional clauses that are applicable to this synopsis in full text: FAR 52.204-6 Data Universal Numbering System (DUNS) Number (Apr 2008) (a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS number or "DUNS+4" that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same concern. (b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number- (i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following information: (i) Company legal business name. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and Zip Code. (iv) Company mailing address, city, state and Zip Code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). FAR 52.211-6 Brand Name, or Equal (Aug 1999) (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by-- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive date or information available to the Contracting Officer; and (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation. 52.212-2 Evaluation-Commercial Items (Jan 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical capability of the item offered to meet the Government requirement Price Past performance (see FAR 15.304) Technical and past performance, when combined, are Equal when compared to price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) FAR 52.217-9 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 prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 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 4 years. (End of clause) FAR 52.219-17 Section 8(a) Award (Dec 1996) (a) By execution of a contract, the Small Business Administration (SBA) agrees to the following: (1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)). (2) Except for novation agreements and advance payments, delegates to CMS responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract. (3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity. (4) To notify the CMS Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern. (5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the "Disputes" clause of the subcontract. (b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract. (c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the CMS. (End of clause) FAR 52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns (June 2003) (a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer- (1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and (2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA. (b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause. (c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation. (d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts. (2) The Contractor will notify the CMS Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party. (End of clause) FAR 52.247-34 F.O.B. Destination. (Nov 1991) (a) The term "f.o.b. destination," as used in this clause, means- (1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and (2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee. (b) The Contractor shall- (1)(i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements; (2) Prepare and distribute commercial bills of lading; (3) Deliver the shipment in good order and condition to the point of delivery specified in the contract; (4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract; (5) Furnish a delivery schedule and designate the mode of delivering carrier; and (6) Pay and bear all charges to the specified point of delivery.
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/HHS/HCFA/AGG/RFP-CMS-2010-8a-0002/listing.html)
- Place of Performance
- Address: CMS Baltimore 7500 Security Boulevard, Baltimore, Maryland, 21244, United States
- Zip Code: 21244
- Zip Code: 21244
- Record
- SN02024252-W 20091217/091215234953-a2bf843a39b2e9dba40d966ff33ccb46 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
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