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COMMERCE BUSINESS DAILY ISSUE OF AUGUST 3,2000 PSA#2656

National Institute of Standards & Technology, Acquisition & Assistance Div.,100 Bureau Drive Stop 3572, Bldg. 301, Rm B117, Gaithersburg, MD 20899-3572

70 -- TRIPWIRE PROPRIETARY SOFTWARE LICENSES, SUPPORT AND MAINTENANCE SOL 53SBNB060126 DUE 081400 POC Fred F. Ettehadieh, Contract Specialist, (301) 975-8329, Fax No. (301) 963-7732; Alba Sanchez, Contracting Officer, (301) 975-6344 WEB: NIST Contracts Homepage, http://www.nist.gov/admin/od/contract/contract.htm. E-MAIL: NIST Contracts Office, Contract@nist.gov. The National Institute of Standards and Technology's (NIST's) Information Technology Laboratory Office intends to purchase, on a sole-source basis under the authority of 13.106-1(b), proprietary annual software licenses, support and maintenance developed by Tripwire, Inc. 1631 NW Thurman, First Floor, Portland, OR 97209. Tripwire, Inc. is the only known company capable of providing Tripwire HQ management console licenses, support and maintenance because as developer of the software the company owns proprietary rights to this software. Tripwire will provide system file integrity across all of NIST's publicly accessible computers and will be used to monitor system file changes from a centralized, remote location. The technical requirements of the software are as follows: (1) the software shall be 100 percent compatible to the commercial version of Tripwire, version 2.2.1, currently deployed on NIST computers; (2) the client licenses shall be supported by a centralized management console; (3) the softwareshall provide its users a secure communications link to the centralized management console; (4) the software shall support 1028-bit cryptographic signing, e-mail reporting, syslog reporting, rule-based policy controls, and multiple levels of reporting; (5) the software shall be able to operate on Windows NT, Solaris, IBM AIX, SGI IRIX, Linux, and Digital/Compaq Tru64 Unix systems; (6) the centralized management console software shall operate on a Windows NT system, use a secure communication link to the clients, and support centralized reporting and remote management for all of the aforementioned client system types; (7) the console shall have the ability to incorporate the existing, installed base of commercial Tripwire software. This is a combined Synopsis/solicitation for Commercial items prepared in accordance with the format in FAR Supart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a quotation is being requested from Tripwire, Inc, and a written solicitation will not be issued. Solicitation number 53SBNB060126 is issued as a request for quotation (RFQ) using simplified acquisition procedures. The Standard Industrial Classification (SIC) Code is 7372 with a small business size standard of $18 million. Incorporated provisions and clauses are those in effect through Federal Acquisition Circular 97-18. The period of performance for this requirement is for one year, with four (4) one-year options for maintenance and support. The Contract Line Item Numbers (CLINs), Items, and Quantities are as follows: CLIN 0001A, Tripwire HQ management console, 1 each; CLIN 0001B, Tripwire HQ annual support and maintenance, 1 each; CLIN 0001C, Tripwire for Windows NT, 40 each; CLIN 0001D, Annual support and maintenance for Tripwire for Windows NT, 40 each; CLIN 0001E, Tripwire for Solaris, 19 each; CLIN 0001F, Annual support and maintenance for Tripwire for Solaris, 19 each; CLIN 0001G, Tripwire for AIX, 4 each; CLIN 0001H, Annual support and maintenance for Tripwire for AIX; CLIN 0001I, Tripwire for TRU64 UNIX, 6 each; CLIN 0001J, Annual support and maintenance for Tripwire for TRU64 UNIX, 6 each; CLIN 0001K, Tripwire for IRIX, 2 each; CLIN 0001L, Annual support and maintenance for Tripwire for IRIX, 2 each; CLIN 0001M, Tripwire for LINUX Agent, 9 each; CLIN 0001N, Annual support and maintenance for Tripwire for LINUX agent, 9 each. Option Period I for the performance period of 12 months after the expiration of the base period which shall include the following CLINs: 0002A, Renewal of support and maintenance for Tripwire HQ management console, 1 each; 0002B, Renewal of support and maintenance for Tripwire for Windows NT, 40 each; 0002C, Renewal of support and maintenance for Tripwire for Solaris, 19 each; 0002D, Renewal of support and maintenance for Tripwire for AIX, 19 each; 0002E, Renewal of support and maintenance for Tripwire for TRU64 UNIX, 6 each; 0002F, Renewal of support and maintenance for Tripwire for IRIX, 2 each; 0002G, Renewal of support and maintenance for Tripwire for LINUX Agent, 9 each. Option Period II for the performance period of 12 months after the expiration of Option Period I which shall include the following CLINs: 0003A, Renewal of support and maintenance for Tripwire HQ management console, 1 each; 0003B, Renewal of support and maintenance for Tripwire for Windows NT, 40 each; 0003C, Renewal of support and maintenance for Tripwire for Solaris, 19 each; 0003D, Renewal of support and maintenance for Tripwire for Tripwire for AIX, 4 each; 0003E, Renewal of support and maintenance for Tripwire for TRU64 UNIX, 6 each; 0003F, Renewal of support and maintenance for Tripwire for IRIX, 2 each; 0003G, Renewal of support and maintenance for Tripwire for LINUX Agent, 9 each. Option Period III for the performance period of 12 months after the expiration of Option Period II which shall include the following CLINs: 0004A, Renewal of support and maintenance for Tripwire HQ management console, 1 each; 0004B, Renewal of support and maintenance for Tripwire for Windows NT, 40 each; 0004C, Renewal of support and maintenance for Tripwire for Solaris, 19 each; 0004D, Renewal of support and maintenance for Tripwire for AIX, 4 each; 0004E, Renewal of support and maintenance for Tripwire for TRU64 UNIX, 6 each; 0004F, Renewal of support and maintenance for Tripwire for IRIX, 2 each; 0004G, Renewal of support and maintenance for Tripwire for LINUX Agent, 9 each; Option Period IV for the performance period of 12 months after the expiration of Option Period III which shall include the following CLINs: 0005A, Renewal of support and maintenance for Tripwire HQ management console, 1 each; 0005B, Renewal of support and maintenance for Tripwire for Windows NT, 40 each; 0005C, Renewal of support and maintenance for Tripwire for Solaris, 19 each; 0005D, Renewal of support and maintenance for Tripwire for AIX, 4 each; 0005E, Renewal of support and maintenance for Tripwire for TRU64 UNIX, 6 each; 0005F, Renewal of support and maintenance for Tripwire for IRIX, 2 each; 0005G, Renewal of support and maintenance for Tripwire for LINUX Agent, 9 each. Evaluations of the options shall not obligate the Government to exercise the options. The Government anticipates awarding a firm-fixed price Purchase order. The vendor shall deliver CLINs 0001A -- 0001N FOB Destination to NIST, Building 301, Shipping and Receiving, 100 Bureau Drive, Gaithersburg, MD 20899, no later than 30 days after the award of the Purchase Order. The provisions at 52.212-1, Instructions to Offerors-Commercial Items, applies to this acquisition. The clause at 52.212-4, Contract Terms and Conditions-Commercial Items applies to this acquisition. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition, including subparagraphs (1) 52.203-6, Restrictions on subcontractor Sales to Government, Alternate I; (50 52.219-8, Utilization of Small Business; (7) 52.219-14, Limitation on subcontracting; (11) 52.222-21, Prohibition of Segregated Facilities; (12) 52.222-26, Equal Opportunity; (13) 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era; (14) 52.222-36, Affirmative Action for Workers with Disabilities; (15) 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era; (17)(i) 52.225-3, Buy American Act-North American Free Trade Agreement -Balance of Payments Program; (22) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration. Other clauses that apply to this acquisition are 52.227-19, Commercial Computer Software -- Restricted Rights, 52.217-5, Evaluation of Options, 52.217-8, Option to Extend Services, 52.217-9, Option to Extend the Term of the Contract. The full texts for the above FAR clauses are available at the following Internet address www.arnet.gov/far/. Year 2000 Warranty-Comercial -Supply Item applies to this acquisition. The Contractor warrants-that each hardware, software and firmware product delivered under this contract and listed above shall be able to accurately process date data (including, but not limited to, calculating, comparing and sequencing) from, into, and between the twentieth and twenty-first centuries, including leap year calculations, when used in accordance with the product documentation provided by the contractor, provided that all listed or unlisted products (e.g. hardware, software, firmware) used in combination with such listed products properly exchange date data with it. If the contract requires that specific listed products must perform as a system in accordance with the foregoing warranty, then that warranty shall apply to those listed products as a system. The duration of this warranty and the remedies available to the Government for breach of this warranty shall be as defined in, and subject to, the terms and limitations of the contractor's standard commercial warranty or warranties contained in this contract, provided that notwithstanding any provision to the contrary in such commercial warranty or warranties, the remedies available to the Government under this warranty shall include repair or replacement of any listed product whose non-compliance is discovered and made known to the contractor in writing within ninety (90) days after acceptance. Nothing in this warranty shall be construed to limit any rights or remedies the Government may otherwise have under this contract with respect to defects other than Year 2000 performance. Department of Commerce Agency-Level Protest Procedures Level Above the Contracting Officer applies to this acquisition, which can be downloaded from the NIST Web Page located at http://www.nist.gov/admin/od/contract/agency.htm. Tripwire, Inc. shall submit the following: 1) Three (3) copies of quotation which addresses CLINs 0001A-0005G; 2) Technical description and/or product literature; 3) Description of commercial warranty; 4) Two (2) copies of the most recent published price list(s); 5) A completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items which may be downloaded from http://www.nist.gov/admin/od/contract/repcert.htm; 6) Description of Software License Agreement; "This is to advise you that if you intend to propose a software licensing agreement, it must comport with applicable Federal laws, regulations and otherwise satisfy the Government's needs". The quotation shall be sent to the National Institute of Standards and Technology, Acquisition and Assistance Division, Attn: Fred F. Ettehadieh, Building 301, Room B117, 100 Bureau Drive, Stop 3572, Gaithersburg, MD 20899-3572. For information, call the POC identified above. Submission must be received by 3:00 p.m. local time on 8/14/2000. A faxed offer will be accepted to (301) 963-7732. The quotes including options will be evaluated for price reasonableness. Interested persons may identify their interest and capability to respond to the requirement or submit quotes. This notice of intent is not a request for competitive quotes. However, all quotes received by small businesses under SICcode 7372 by 8/14/2000 will be considered by the Government. A determination by the Government not to compete this proposed purchase order based upon responses to this notice is solely within the discretion of the Contracting Officer. See Numbered Note 1. Posted 08/01/00 (W-SN480693). (0214)

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