FBODaily.com | FedBizOpps: PRESOL | 70 | Spectra Logic Media Libraries Consolidation Maintenace Renewal - Attachment 1 - Statement of Work

FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 31, 2016 FBO #5242
SOLICITATION NOTICE

70 -- Spectra Logic Media Libraries Consolidation Maintenace Renewal - Attachment 1 - Statement of Work

Notice Date: 3/29/2016
Notice Type: Combined Synopsis/Solicitation
NAICS: 541519 — Other Computer Related Services
Contracting Office: Department of Labor, Office of the Assistant Secretary for Administration and Management, Office of Procurement Services, 200 Constitution Avenue, NW, S-4307, Washington, District of Columbia, 20210-0001, United States
ZIP Code: 20210-0001
Solicitation Number: 16-OCIO-CIO-NAT-0063
Archive Date: 4/19/2016
Point of Contact: Heather A Brick Saunders, Phone: 2026934599
E-Mail Address: bricksaunders.h@dol.gov
(bricksaunders.h@dol.gov)
Small Business Set-Aside: Total Small Business
Description: SOW CLIN Structure This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures under FAR Part 13 as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on FEDBIZOPPS the RFQ number is 16-OCIO-CIO-NAT-0063. This solicitation documents and incorporates provisions and clauses in effect through FAC 2005-86. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at this address: https://www.acquisition.gov/sites/default/files/current/far/pdf/FAR.pdf. The NAICS code is 541519 and the Size Standard is 27.5 million. The Department Of Labor, Office of the Chief Information Officer (OCIO) requires that the supplier provide maintenance support of the Departments existing Spectra Logic Media Libraries currently utilized on the DOL Enterprise Consolidated Network General Support System (ECN GSS) in accordance with the Statement of Work. See Attachment 1 for CLIN structure. Period of performance is April 9, 2016 - December 31, 2016. Because this is a consolidation and 2 sites are already expired please break out the reinstatement fees for the expired sites. Responsibility and Inspection: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control. The following FAR provision and clauses are applicable to this procurement: 52.202-1, Definitions 52.203-5, Covenant against Contingent Fees 52.203-6, Restrictions on Subcontractor Sales to the Government with Alternate I 52.203-7, Anti-Kickback Procedures 52.203-8, Cancellation, Recession, and Recovery of Funds for Illegal or Improper Activity 52.203-13, Contractor Code of Business Ethics and Conduct 52.203-16, Preventing Personal Conflicts of Interest 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights 52.204-2, Security Requirements 52.204-13, System for Award Management Maintenance 52.211-5, Material Requirements 52.212-1, Instructions to Offerors - Commercial Items; 52.212-3 and its ALT I, Offeror Representations and Certifications - Commercial Items; 52.212-4, Contract Terms and Conditions - Commercial Items 52.232-1, Payments 52.232-25, Prompt Payment 52.232-39, Unenforceability of Unauthorized Obligations 52.233-4, Applicable Law for Breach of Contract Claim 52.239-1, Privacy or Security Safeguards 52.243-1, Changes - Fixed Price 52.244-6, Subcontracts for Commercial Items 52.246-20, Warranty of Services 52.246-25, Limitation of Liability - Services 52.247-34, F.O.B Destination 52.249-2, Termination for Convenience of the Government (Fixed-Price) 52.249-8, Default (Fixed-Price Supply and Service) 52.249-14, Excusable Delays 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (May 2015) (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (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: _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). _X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). _X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] __X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (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. __X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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. ___ (iv) Alternate III (Oct 2014) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). ___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). _X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). _X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). _X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). _X_ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). _X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. _X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). _X_ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). _X_ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. ___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X_ (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). _X_ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (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 this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) _X___ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Aug 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 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) 52.217-8 Option to Extend Services. (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. (End of clause) 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far (End of clause) Additional contract terms and conditions applicable to this procurement are: INFORMATION TECHNOLOGY CLAUSES Software Performance The software furnished shall conform to and perform in accordance with the functional descriptions set forth in Section C, Contractor's functional description, literature, and Contractor's proposal data. Manuals and Publications Alternate I The Contractor shall furnish current versions of user manuals and publications for Contractor software provided under this contract. Software Furnished The Contractor shall furnish applications and/or operating system software specified in Section C and listed in Section B. The Contractor shall support such software, including any Contractor-sponsored modifications or revisions thereof, at no additional cost, unless otherwise specified for the duration of this contract. The support services provided shall consist of error correction, Contractor-sponsored modifications, improvements, and revisions. Compliance with Fips Pub and Federal Standards All equipment and/or software acquired under this acquisition must conform to specifications contained in Sections C and J, and the applicable Federal Information Processing Standards Publications (FIPS PUBS) (See Section J). Liquidated Damages (Software) General For non-delivery of the software the Contractor shall pay to the Government liquidated damages for each calendar day's delay beginning with the installation date(s) specified, but not for more than 180 days as follows: Software If the Contractor fails to deliver, on or before the specified delivery date, all of the acquired operating software or if the delivered operating software fails to conform to the functional descriptions set forth in Section C, then the liquidated damages charged per day shall be equal to the total of the following: (i) % of the Software's one time license fee or % of the monthly license fee; plus (ii) Represent the value of the unusable equipment. Other Software If the Contractor fails to deliver the software, on or before the delivery date, or if it fails to perform in accordance with the functional description provided by the Contractor, then liquidated damages in the amount of of the monthly license fee or percent of the one-time charge for each calendar day for each such item shall be assessed. Such liquidated damages shall not be assessed for more than 180 days. Exception Except with respect to defaults of subcontractors, the Contractor shall not be liable for liquidated damages when delays arise from causes beyond the control of and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, Acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the delay must be beyond the control of and without fault or negligence of the Contractor. If the delays are caused by the default of a subcontractor, and such default arises out of causes beyond the control of both the Contractor and the subcontractor and without the fault or negligence of either of them, the Contractor shall not be liable for liquidated damages for delays, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required performance schedule. Waiver of Delivery Schedule None of the following shall be regarded as an extension, waiver, or abandonment of the delivery schedule or a waiver of the Government's right to terminate for default: (i) Delay by the Government in terminating for default; (ii) Acceptance of delinquent deliveries; and (iii) Acceptance or approval of samples submitted either after default in delivery or in sufficient time for the contractor to meet the delivery schedule. Any assistance rendered to the contractor on this contract or acceptance by the Government of delinquent goods or services hereunder will be solely for the purpose of mitigating damages and is not to be construed as an intention on the part of the Government to condone any delinquency, or as a waiver of any rights the Government may have under subject contract. Modifications and Revisions The Contractor shall furnish full documentation of all Contractor changes and/or modifications to the applications and/or operating system software provided to meet Government requirements. In the case of new software releases, the Government may elect to accept the later versions of software. If accepted, software support will be provided at no additional cost during the period of this contract. Interruption of Service The Contractor recognizes that the services under this contract are critical to the Government and must continue without interruption. Contractor also recognizes that when the contract expires, a successor, either the Government or another contractor, may continue the services. The Contractor agrees to furnish phase-in-training, apply its best efforts and cooperation to carry out an orderly and efficient transition to a successor. Dissemination of Information There shall be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this contract without prior written approval from the Contracting Officer. Release of Reports The Contractor is prohibited from releasing to any source, other than the sponsoring activity, any interim, draft and final reports or information pertaining to services performed under this contract until report approval or official review has been obtained. Furthermore, the contractor shall insure that the cover of all interim, draft and final reports contain the following statement: "The view, opinions, and/or findings contained in this report are those of the author(s) and should not be construed as an official Government position, policy or decision, unless so designated by other documentation." Release of News Information No news release (including photographs and films, public announcements, denial or confirmation of same) on any part of the subject matter of this contract or any phase of any program hereunder shall b made without the prior written approval of the Contracting Officer. Software Rights a. All software to provide under this contract shall be delivered with unlimited rights in accordance with the provisions of FAR 52.227-14. b. If at any time during the term of the contract, the Contractor determines that it is more advantageous to the Government to incorporate a package, subroutine or module that cannot be provided to the government with unlimited rights into the system, the Contractor shall notify the Contracting Officer in writing. Such notification shall include as a minimum,, the name of the item to be furnished with Restricted Rights and cost saving or other benefits accruing to the Government. c. If the Contractor and the Government mutually agree to incorporate such software package, subroutine or module into the system, the Government requires that it be given as a minimum the following rights: (1) Use computer software with the computer for which or with which it was acquired, including use at any Government installation to which the computer may be transferred by the Government: (2) Use computer software with a backup computer if the computer for which or with which it was acquired is inoperative; (3) Copy computer programs for safekeeping (archives) or backup purposes; (4) Modify computer software, or combine it with other software, subject to the provisions that those portions of the derivative software incorporating restricted rights software are subject to the same restricted rights. The contract shall be modified to set forth the software restrictions and rights of the Government. The contractor shall not incorporate such software without a written modification to the contract. d. If the Contractor includes any software packages, routines or modules developed at the Contractor's expense in the system without identifying it to the Contracting Officer, all such software shall be considered delivered with "unlimited rights". If the program maintenance of the system is dependent on the source code of any such software, the contractor shall provide the source code and rights to the source code for the life of the system at the time the software and documentation is delivered to the Government. DEPARTMENT OF LABOR LOCAL CLAUSES DOLAR 2952.201-70 Contracting Officer's Representative (COR) (May 2004) (a) The following individuals are hereby designated, respectively, under this contract: (1) Contracting Officer's Representative (COR) Cassandra Hickman 200 Constitution Avenue NW Washington, DC 20210 (202) 693-3642 (b) The COR is responsible, as applicable, for: receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment. (c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the contracting officer must issue such changes. DOL Local Clause 2012-01-Organizational Conflict of Interest-OCI-1 Exclusion from Future Agency Contracts (DEC 2012) This clause supplements the FAR provisions on organizational conflicts of interest, located at FAR subpart 9.500 and should be read in conjunction with these provisions. To the extent there is any inconsistency or confusion between the two provisions, the FAR provision controls. (a) Work under this contract may create a future organizational conflict of interest (OCI) that could prohibit the Contractor from competing for, or being awarded, future Government contracts. The following examples illustrate situations in which organizational conflicts of interest may arise. They are not all inclusive, but will be used by the Contracting Officer as general guidance in individual contract situations: (1) Unequal Access to Information. The performance of this contract may provide access to "nonpublic information," which could provide the contractor an unfair competitive advantage in later solicitations or competitions for other DOL contracts. Such an advantage could be perceived as unfair by a competing vendor who is not given similar access to the same nonpublic information that is related to the future procurement action. If you, as a contractor, in performing this contract, obtain nonpublic information that is relevant to a future procurement action, you may be required to submit and negotiate an acceptable mitigation plan prior to being deemed eligible to compete on the future action. Alternatively, the "nonpublic information" may be providedto all Vendors. (2) Biased Ground Rules. Your contract with DOL may have, in some fashion, established important "ground rules" for another DOL procurement in which you may desire to be a competitor. For example, this contract may involve you drafting the statement of work, specifications, or evaluation criteria for a future DOL procurement. The primary concern, in any such situation, is that any such firm could skew the competition, whether intentionally or not, or be perceived as having skewed the competition, in its own favor. If the requirements of this DOL contract anticipate the contractor may be placed in a position to establish important ground rules, including but not limited to those described herein, the contractor may be precluded from competing in the related action or, if possible, may be required to submit and negotiate an acceptable mitigation plan. (3) Impaired Objectivity. The performance of this contract may result in the contractor being placed in a situation where it is able, or required, to provide assessment and evaluation findings concerning itself, another business division, a subsidiary or affiliate, or other entity with which it has a significant financial relationship. The concern in this case is that the contractor's ability to render impartial advice to DOL could appear to be undermined by the contractor's financial or other business relationship to the entity whose work product is being assessed or evaluated. In these situations, a "walling off" of lines of communication between entities or divisions may be acceptable, but it also may not be sufficient to remove the perception that the objectivity of the contractor has been tainted. If the requirements of the DOL procurement indicate that a contractor may be placed in a position to provide evaluations and assessments of it or other entities with which it has a significant financial relationship, the affected contractor should notify DOL immediately. The contractor may also be required to provide a mitigation plan that includes recusal by the contractor from one of the affected contracts. Such recusal might include divestiture of the work to a third party. (b) In order to prevent a future OCI of any kind, the Contractor shall be subject to the following restrictions: (1) The Contractor may be excluded from competition for, or award of, any government contracts as to which, in the course of performing another contract, the Contractor has received nonpublic and competitively relevant information before such information has been made generally available to other persons or firms. (2) The Contractor may be excluded from competition for, or award of, any government contract for which the contractor actually assisted or participated in the development of specifications or statements of work. (3) The Contractor may be excluded from competition for or award of, any government contract which calls for it to evaluate itself, any affiliate, or any products or services produced or performed thereby. (4) The Contractor may be excluded from competition for, or award of, any government contract calling for the production or performance of any product or service for which the Contractor participated in the development of requirements or definitions pursuant to another contract. (c) This clause shall not exclude the Contractor from performing work under any modification to this contract or from competing for award of any future contract for work that is the same or similar to work performed under this contract, so long as the conditions above are not present. This clause does not prohibit an incumbent from competing on a follow-on competition but the Contracting Officer may require a mitigation plan or other steps as needed to ensure that there has not been an unequal access to nonpublic competitively sensitive information. (d) The term "contractor" as used in this clause, includes any person, firm or corporation that owns or controls, or is owned or controlled by, the contractor. The term also includes the corporate officers of the contractor. (e) The agency may in its sole discretion, waive any provisions of this clause if deemed in the best interest of the Government. The exclusions contained in this clause shall apply for the duration of this contract and for three (3) years after completion and acceptance of all work performed hereunder, or such other period as the Contracting Officer shall direct. (f) If any provision of this clause excludes the Contractor from competition for, or award of any contract, the Contractor shall not be permitted to serve as a subcontractor, at any tier, on such contract. This clause shall be incorporated into any subcontracts or consultant agreements awarded under this contract unless the Contracting Officer determines otherwise. (End of Clause) DOL 2014-01 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS CLAUSE (FEBRUARY 2014) DOL Local Clause 2014-01-Electronic Submission of Payment Requests (Invoicing) (FEB 2014) (a) Definitions. As used in this clause- (1) Contract financing payment has the meaning given in FAR 32.001. (2) Invoice payment has the meaning given in FAR 32.001. (3) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic Payment Requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form in an effort to support the eCommerce initiative and expedite vendor payment processing. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this clause, and therefore no additional electronic invoice submission is required. (c) Data Transmission. A contractor must ensure that the data transmission method and format comply with the following provisions: (1) The contractor shall: a. Address the invoice to the appropriate e-mail address specified below. DOL-NO-DM-OASAM@quickpay.dol.gov b. Submit the invoice via attachment in PDF or TIFF format. c. Submit only one invoice per electronic submittal. d. Enter specific information in the subject line of the e-mail in the following format: <Contractor Name>, DOL Agency, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount> Example: ABC Co, OASAM, DOL00-00-X0000/X0000, Invoice Number AB-1298433, $15,000.00. e. Submit a copy of the email with the attached invoice to the contracting officer's representative (COR) at the COR email address specified in the contract. f. Before sending another e-mail with the same invoice attachment, confirm whether DOL has already responded and/or whether you have received a success or failure response to your submission. (2) The contractor MUST NOT: a. Submit an invoice that exceeds the size limit of 16 megabytes (approximately 400-500 pages). However, if the invoice exceeds this limit, a summary invoice attachment of less than 16 megabytes should be e-mailed to the payment e-mail address above; while the detailed invoice, including any supplemental information, shall be sent to the COR or other representative at the address (specified in paragraph 2 below). b. Submit an invoice that is heavy in shading or color. 1. An e-mailed PDF image cannot have any text that has a background with any color other than white. If the image has a shaded background, it will be converted to black, and the text will be illegible. 2. An emailed TIFF image must be black and white. c. Submit more than one attachment as subsequent attachments will not be recognized. d. Submit more than one invoice in a single attachment. e. Attempt to use the "Recall or Resend" email message feature. (d) General Information. (1) Payment due dates will be calculated only from the date that invoices are received in the electronic invoicing e-mail box and determined to be proper invoices. (2) Inquiries regarding invoices should be e-mailed to OCFOInvoiceInquiries@dol.gov. The relevant invoice must be attached to the inquiry e-mail and the subject line of the e-mail must state "INQUIRY," followed by the information described in paragraph "1) d." above: Example: INQUIRY: <Contractor Name>, DOL Agency, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount> (3) Do NOT use the electronic invoicing e-mail address for inquiries about the invoice. (e) Invoice requirements. Invoices shall comply with FAR 32.905. (f) Exceptions. (1) Paper invoices should only be faxed or mailed when electronic email cannot be accomplished due to size limitations described above. (2) When invoices must be faxed due to e-mail size limitations, fax them to: (202) 693-4451. (3) When paper invoices must be mailed due to e-mail size limitations, mail them to the following address: U.S. Department of Labor Office of Financial Management Operations 200 Constitution Avenue, NW, RM #S-5526 Washington, DC 20210 Attn: Charleetta Smithers (End of Clause) DOL Local Clause 2012-02-Contractor's Obligation to Notify the Contracting Officer of a Request to Change the Contract Scope (MAR 2012) (a) Except for changes identified in writing and signed by the Contracting Officer, the Contractor is required to notify, within five working days of receipt or knowledge, any request for changes to this contract (including actions, inactions, and written or oral communications) that the Contractor regards as exceeding the scope of the contract. On the basis of the most accurate information available to the Contractor, the notice shall state: (1) The date, nature, and circumstances of the conduct regarded as a change in scope; (2) The name, function, and activity of each Government individual and Contractor official or employee involved in, or knowledgeable about, such conduct; (3) The identification of any documents and substance of any oral communication involved in such conduct; (b) Following submission of this notice, the Contractor shall continue performance in accordance with the contract terms and conditions, unless notified otherwise by the Contracting Officer. (c) The Contracting Officer shall promptly, within 5 business days after receipt of notice from the Contractor, respond to the notice in writing. In responding, the Contracting Officer shall either: (1) Confirm that the Contractor's notice identifies a change in the scope of the contract and directs the Contractor to stop work, completely or in part, in accordance with the Stop Work provisions of the contract; (2) Deny that the Contractor's notice identifies a change in scope and instruct the Contractor to continue performance under the contract. (End of Clause) DOL Local Clause 2014-03-Section 508 (JUN 2014) (a) Section 508 of the Rehabilitation Act, as amended in 1998 by Public Law 105-220 (the Workforce Investment Act), applies to Federal Agencies and the Contractors acting in support of the Agency. The Contractor is required to provide Section 508 systems and components when Federal agencies develop, procure, maintain, or use Electronic and Information Technology (EIT). The contractor shall ensure that its system and components allow Federal employees and members of the public with disabilities to access and use of information and data that is comparable to the access afforded Federal employees and members of the public who are not individuals with disabilities. The term electronic and information technology includes, but is not limited to, computers, printers, software applications, telecommunications products (such as telephones), information kiosks and transaction machines, Internet/Intranet sites, multimedia, and office equipment such as copiers and fax machines. (b) For all EIT procured, maintained, developed or used at DOL to include electronic documents, software, websites and webpages created or maintained by the Contractor, in order to meet Section 508 accessibility requirements, the Contractor shall: 1) Provide summary narrative text descriptions or a data tables describing each complex graphic (e.g., pie graphs, line graphs, maps, bar graphs, flow charts) in a separate comma-separated values/character-separated values (CSV) file. 2) Label each figure or graphic image with an alternate text description. 3) Contracted vendor support staffs producing EIT deliverables must have a working knowledge of Section 508 and performing Quality Assurance Testing for Section 508; must include this information for the individuals proposed on the contract. 4) Contractors are responsible for having updated authoring and testing tools to produce Section 508 output on their own; the Government will not provide these tools. 5) Unless otherwise stated in the specification of the Contract, two digital copies of any report over 25 pages shall be delivered in media formats readable by Windows-based programs; one copy shall be formatted in Microsoft Word and the second shall be in the Portable Document Format (PDF). Color and/or black & white PDFs are acceptable. Unless permitted by the specifications, reports shall not be submitted in HTML format. (c) Additional information. 1) Additional information about accessibility standards related to Section 508 may be found at http://section508.gov/. The Section 508 Standards provide the minimum Government requirements. 2) Additional information on creating accessible.pdf files is available at http://www.section508.gov/docs/pdfguidanceforgovernment.pdf. (End of Clause) DOL Local Clause_DOL Class Deviation 2015-0002 (52.203-98 Provision)-Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (MAR 2015) (a) In accordance with Section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Vendor represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) DOL Local Clause_DOL Class Deviation 2015-0002 (52.203-9 Clause)-Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (MAR 2015) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause. (End of clause) I.7 DOL Local Clause 2015-03-Internet Protocol Version 6 (IPv6) (MAY 2015) (a) Any system or product that includes: hardware, software, firmware, and/or networked components including but not limited to voice, video, or data that is developed, procured, or acquired in support and/or performance of this requirement shall be capable of transmitting, receiving, processing, or forwarding digital information across system boundaries that are formatted in accordance with commercial standards of Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication 500-267) and corresponding declarations of conformance defined in the USGv6 Test Program. (b) This IPv6 capable system or product shall maintain interoperability with IPv4 systems and provide the same level of performance and reliability capabilities of IPv4 systems. (c) This IPv6 capable system or product shall have available IPv4 and IPv6 technical support for development, implementation, and troubleshooting of the system. (d) This IPv6 capable system or product can be upgraded, or the vendor will provide an appropriate migration path for industry-required changes to IPv6 as the technology evolves, at no additional cost to the Government. (e) This IPv6 capable system or product must be able to operate on networks supporting IPv4 & IPv6, as well as networks that support both. (f) Any system or product whose IPv6 non-compliance is discovered and made known to the vendor/contractor within 12 months of the start of performance shall be upgraded, modified, replaced, or brought in to compliance at no additional cost to the Federal Government. (End of clause) I.8 DOL 2015-04 Federal Electronics Recycling Clause (JUL 2015) (a) Contractor shall be certified by an accredited certification body for conformance to either the Responsible Recycling (R2) standard or the e-Stewards standard. (b) Contractor shall maintain a valid certification throughout the period of performance of the contract. (c) Contractor shall provide proof of valid certifications for R2 and/or e-Stewards. (d) Contractor shall provide evidence that the guidance specified in NIST SP 800-88 (Media Sanitization) is followed and the vendor performs regular reviews and training with the sanitization team to ensure all standards and guidance are being met. (End of clause) Basis for Award: This solicitation is set aside 100% for Small Business; The Government intends to award a Firm-Fixed Price (FFP) Purchase Order, and or FSS Task Order to the offeror with the Lowest Price Technically Acceptable offer. Technically Acceptable is defined as "meets" all of the requirements identified in the Statement of Work and adherence to all requirements of this solicitation. Offeror must be an Authorized Reseller of Spectra Logic and MUST attach their Authorized Reseller Certification with their Quote to be considered Technically Acceptable. In addition, must be determined responsible in accordance with FAR subpart 9.1. Please see attachment for the Statement of Work Offerors must be registered in the SAM (www.SAM.gov) database prior to solicitation closing. This announcement will close at 10:00am Monday, April 1, 2016. Email responses will be accepted. The Point of Contact for this requirement is Heather A. Brick Saunders; BrickSaunders.H@dol.gov Oral solicitations are not acceptable in response to this notice. All responsible sources may submit a quote which shall be considered by the agency.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DOL/OASAM/WashingtonDC/16-OCIO-CIO-NAT-0063/listing.html)
Place of Performance: Address: Multiple- See SOW, Washington, District of Columbia, 20210, United States; Zip Code: 20210
Record: SN04065911-W 20160331/160329234708-f132bb72992c667f153530a8f7e3ac08 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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70 -- Spectra Logic Media Libraries Consolidation Maintenace Renewal - Attachment 1 - Statement of Work