Modification 3 - final extension to due date: Wednesday, August 28, 2024. Be certain your quote complies with the requirements of this Request for Quotes; specifically, review the Technical Proposal requirements.
Modification 2 - extension to due date: Monday, August 26, 2024.
Modification 1 - extension to due date: Tuesday, August 16, 2024.
TO RECEIVE UP TO DATE INFORMATION ON THIS REQUIREMENT, INCLUDING ANSWERS TO VENDOR QUESTIONS, MODIFICATIONS TO THE REQUIREMENT OR EXTENSIONS TO THE OFFER DUE DATE, USE THE FOLLOW THIS REQUIREMENT FEATURE TO ENSURE SYSTEM NOTIFICATIONS.
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Submit written quotes only; oral offers will not be accepted.
This requirement is under North American Industrial Classification Standard (NAICS) codes: 334111 Electronic Computer Manufacturing; 1250 employees. This requirement is set-aside 100% Buy Indian (specific to Department of Health and Human Services, Indian Health Services); wherein, Buy Indian means American Indian and Alaska Native Small businesses, in accordance with the criteria and size standards of 13 CFR Part 121.
Definitions. Indian Economic Enterprise (IEE). Any business activity owned by one or more Indians or Indian Tribes that is established for the purpose of profit provided that: the combined Indian or Indian Tribe ownership must constitute not less than 51 percent of the enterprise; the Indians or Indian Tribes must, together, receive at least a majority of the earnings from the contract; and the management and daily business operations of an enterprise must be controlled by one or more individuals who are Indians. To ensure actual control over the enterprise, the individuals must possess requisite management or technical capabilities directly related to the primary industry in which the enterprise conducts business. The enterprise must meet these requirements throughout the following time periods:
- At the time an offer is made in response to a written solicitation;
- At the time of the contract award; and
- During the full term of the contract.
Indian Small Business Economic Enterprise (ISBEE). An IEE that is also a small business concern established in accordance with the criteria and size standards of 13 CFR part 121. Offerors that do not fall into this category will not be considered for award.
REQUIREMENTS: The Indian Health Service (IHS), Phoenix Indian Medical Center has a requirement to update nearing end of life/end of sale status server infrastructure hardware that supports production virtual servers and desktops.
A turnkey solution (hardware and software) to replace/consolidate the existing VXrail and Cisco Flex Pod hardware into a common platform is requested. This includes new data center racks, networking, UPS, cooling and backup infrastructure installation. Services include onsite instructor lead training of staff and 5-year support and maintenance. Resident services are required for migration of production VM servers, virtual desktops, backup configuration and support.
This is an open-market combined synopsis/solicitation for products as defined herein. The government intends to award a purchase order as a result of this combined synopsis/solicitation to the responsive and responsible vendor whose conforming response is determined to provide the best value to the Government, price and other factors considered.
Contracting Officer (CO) and Contracting Officer Representative(s) (COR(s)) Quality Assurance Personnel. The CO will appoint CORs for management of the day-to-day activities of this requirement. The identity, title, and authority of this representative will be provided in writing to the Contractor after award.
This procurement is for NEW Equipment ONLY; no remanufactured or "gray market" items. Vendor shall be an Original Equipment Manufacturer (OEM authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, such that OEM warranty and service are provided and maintained by the OEM). All, warranty and service associated with the equipment shall be in accordance with the OEM terms and conditions. All Equipment must be covered by the manufacturer's warranty. The quote MUST include a copy of the authorized distributor letter from the manufacturer to verify that the vendor is an authorized distributor of the products being quoted; failure to provide evidence of this may result in your proposal not being further considered.
See attached Scope of Work
***QUESTIONS DUE DATE: 08/07/2024 10:00 AM PDT – all questions must be received via email by this date/time.
***QUOTE DUE DATE: 08/16/2024 9:00 AM PDT – all quotes must be received in email box by this date/time.
OFFER MUST CONFORM TO THE REQUIREMENTS OUTLINED IN PROVISION FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (Sept 2023), TECHNICAL PROPOSAL, PROVIDED HEREIN UNDER CLAUSES INCORPORATED BY FULL TEXT.
This combined synopsis/solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2024-05 dated 05-22-2024. It is the contractor's responsibility to be familiar with the applicable clauses and provisions.
The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/far/part-52.
The following solicitation provisions apply to this acquisition:
FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023)
FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Dec 2022)
Offerors to be considered responsible, shall have an active registration status, prior to award, in the System for Award Management (SAM), FAR provision 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Dec 2022). The provision can be submitted at www.sam.gov.
CLAUSES INCORPORATED BY REFERENCE:
The following provisions and clauses shall apply to this solicitation: 52.252-2 Clauses Incorporated by Reference. 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/ (FAR) and www.acquisition.gov/hhsar (HHSAR);
52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Mar 2023);
52.212-3 Offeror Representations and Certification - Commercial Products and Commercial Services (Dec 2022);
52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Dec 2022);
52.217-5 Evaluation of Options (JULY 1990);
52.217-8 Option to Extend Services (NOV 1999);
52.217-9 Option to Extend the Term of the Contract (MAR 2000);
52.222-3 Convict Labor (JUN 2003);
52.222-21 Prohibition of Segregated Facilities (APR 2015);
52.222-26 Equal Opportunity (Sept 2016);
52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020);
52.222-41 Service Contract Labor Standards (Aug 2018);
52.225-1 Buy American-Supplies (Oct 2022);
52.225-13 Restrictions on certain foreign purchases (Feb 2021);
52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018);
52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013);
52.233-2 Service of Protest (SEP 2006);
52.252-1 Solicitation Provisions Incorporated by Reference;
52.204-7 System for Award Management (Oct 2018).
CLAUSES INCORPORATED BY FULL TEXT:
52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)
The provision at FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services (Sept 2023), applies to this solicitation.
TECHNICAL PROPOSAL: Offerors shall provide a technical quote that includes past performance. Quotes must include a technical narrative outlining capabilities for this project; specifically, discuss Brand Name product/service partnerships. A project management approach should be included to design, receiving, and an overall rollout timeline.
Proposed Equipment/Support: The technical quote shall identify the Brand Name items requested. Other product offerings, as identified in the SOW, shall be accompanied with a narrative description of how they are equal, supplemented by technical literature with product specifications. Quotes may be evaluated for technical acceptance on a pass/fail basis; items not meeting the technical minimums specified, may be deemed unresponsive and not further evaluated. Technical acceptance will be evaluated against the salient characteristics/functions outlined in the document entitled: Statement of Work.
- Project management plan: Vendor must communicate level of involvement in the execution of this project; including, planned co-operation between the facility, manufacturer and sub-contractors.
- Sub-contracting plan: If subcontracts will be utilized, indicate what aspects of the process will be subcontracted and describe the capabilities of the subcontractor(s); include name of proposed subcontractor(s). Discuss Cisco Gold Certified Partnership and Dell Strategic Partner.
- Narrative response: Vendor must provide narrative response outlining logistical concerns for this project: delivery timeline, scheduling, staging, implementation and onsite training. Broadly address proposed solutions to mitigate risk and other unforeseen circumstances, based upon your past performance with similar, recent and relevant, projects.
RECENT & RELEVANT PAST PERFORMANCE: Offerors shall submit past performance that is current and relevant as defined herein. Offerors may submit a maximum of 5 (minimum of 3) examples of their past performance with their offer to include prime contract and subcontracts. Past performance information should contain the following:
- Project title;
- Description of the project;
- Contract number;
- Contract amount;
- Government Agency/Organization;
- COR’s & CO’s name, address, and phone number;
- Current status, e.g., completed and/or if in progress, start and estimated completion dates; and
- A brief narrative of why you deem the reference to be relevant to this effort.
The Government may also consider information obtained through other sources. Past performance information will be utilized to determine the probability of success relative to the required effort.
Recent is defined as having been completed within the last 24 months from close date of this solicitation. Relevant is defined as any contract or subcontract valued at $500,000 or greater with a similar type requirement.
Relevant Past Performance evaluation via Past Performance Information Retrieval System (PPIRS). PPIRS records for the identified contract will be assessed and other records within PPIRS may be considered. No submission is required for this section.
PRICING: A pricing proposal shall identify costs categorically and be supplemented by a Bill of Materials (BOM).
FAR 52.212-2, Evaluation—Commercial Products and Commercial Services.
(a) Evaluation procedures will be IAW FAR 13.106. The Government will select the quote that represents the best benefit to the Government at a price that can be determined reasonable. The Government will perform a comparative evaluation of technical solution, past performance, and price. Technical solution will consist of the following:
- Project management plan
- Sub-contracting plan
- Narrative response
- Past performance
Past performance consists of PPIRS and FAPIIS data and relevant past performance. For price, all line items will be evaluated together as a total contract value.
(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)
52.212-4 -- Contract Terms and Conditions—Commercial Products and Commercial Services. (Nov 2023).
52.212-5 -- Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. (May 2024)
(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(5) 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:
[Contracting Officer check as appropriate.]
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
X (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
X (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
X (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
X (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (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 2018) (E.O. 13126).
X (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
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 (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).
X (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.)
X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
X (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).
(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:
(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 (Jan 2019) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and
Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Non- displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xi) 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.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).
(xiv) 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.)
(xv) 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)
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 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.
(xxii) 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)
52.252-1 – Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far
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):
https://www.acquisition.gov/browse/index/far
DEPT. OF HEALTH & HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES (INCORPORATED BY REFERENCE):
No. HHSAR Clause No. Title Date
352.203-70 Anti-Lobbying DEC 2015
352.208-70 Printing and Duplication DEC 2015
352.223-70 Safety and Health DEC 2015
352.227-70 Publications and Publicity DEC 2015
352.239-74 Electronic and Information Technology Accessibility DEC 2015
Arizona State Taxes. The Department of Health and Human Services, Phoenix Indian Medical Center, is Tax Exempt under A.R.S.42-5063(C)(3)(a), A.R.S.42-5067(B)(1), A.R.S.42-5065(B)(2)(a), A.R.S.42-5066(B)(3) (a), A.R.S.42-5074(B)(8), A.R.S.42-5071(B)(2)(a), A.R.S.42-5061(A)(25)(a), and A.R.S.42-5159(A)(13)(a),(b),(c), State of Arizona Department of Revenue. (Copy of Certificate available upon request).
