10 Sep 2018

Dell/EMC Hardware and Software Maintenance Licenses

Type of document: Contract Notice
Country: United States

Dell/EMC Hardware and Software Maintenance Licenses

Department of Health and Human Services

Official Address:
5600 Fishers Lane Rockville MD 20857

Zip Code:

Paul B. Premoe, Contract Specialist, Phone 3014434470, Email paul.premoe@ihs.gov – Wendy D. McNorial, Contracting Officer, Email wendy.mcnorial@ihs.gov


Date Posted:


Contract Description:
(i) This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in subpart 12.6 of the FAR and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued.

(ii) Solicitation number 18-236-SOL-00066 applies, and is issued as a Request for Quote (RFQ).

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-100.

(iv) This requirement is a total Small Indian Owned Business set-aside and the associated NAICS is 541519 with small business size standard of 150 employees.

Non-Small Indian Owned Business offerors will not be considered for the award.
See 25 U.S.C. 47 for the details.

(v) The Contract Line Items (CLINs) structure is as shown below.

CLIN 0001: Rockville Site Licenses Total Price $______
CLIN 0002: Albuquerque Site Licenses Total Price $______
CLIN 0003: 1300 PSO Credits Total Price $______

*See Attachment 1. Price Table, for details.
Total Firm Fixed Price: $____________

(vi) This firm fixed price requirement is to acquire Dell/EMC hardware and software maintenance licenses for the server/storage equipment within the Indian Health Service (IHS) HQ data centers. The maintenance contrac is required for IHS to receive updates to address hardware component failures, software defects, resolve security vulnerabilities and support new features that would enhance the capability of the equipment. In addition, the maintenance contract shall provide IHS with next-day replacement equipment in the event of a hardware failure as well as technical support directly from systems engineers that support the equipment.

(vii) Delivery and acceptance terms for this order is FOB Destination. Delivery Addresses: Indian Health Service, 5600 Fishers Lane, Rockville, MD 20857; and 1011 Indian School Road, Albuquerque, NM 87104.

(viii) The provision at 52.212-1, Instructions to Offerors – Commercial Items (Aug 2018) applies to this acquisition.

(ix) 52.212-2, Evaluation — Commercial Items (Oct 2014) The award will be made to the lowest priced technically acceptable offeror. Acceptable Business Quote shall include a completed Price Table provided via Attachment 1. To be considered technically acceptable for the award, the offeror shall provide a reseller/partnership certificate that evidences the company’s eligibility and capability to provide the requested Dell EMC products. Additionally, the offeror shall provide the following information for two relevant federal contract awards the offeror received within past 4 years : Product description, project magnitude, outcome and customer contact information. Only exact “brand name” products and part numbers shall be acceptable with the offer. No “identical” or “like” products and part numbers will be accepted.

(x) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications — Commercial Items (Aug 2018), with its offer.

(xi) FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Jan 2017) applies to this acquisition. The following addendum applies: Email Addresses for submission of invoices are paul.premoe@ihs.gov, COR’S, and HQInvoices@ihs.gov.

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -Commercial Items (Aug 2018)

(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:
(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).
(2) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(3) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
(4) 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).
(5) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
(6) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
(7) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
(8) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
(9) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
(10) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
(11) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(12) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(13) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(14) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(15) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(16) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
(17) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(18) 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.)

(19) (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.)
(20) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).
(21) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
(22) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514
(23) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
(24) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
(25) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
(26) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
(27) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
(28) 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).
(29) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332).
(30) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(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) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).
(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(3) 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).
(4) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(5) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(6) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

(End of Clause)

(xiii) 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 address: www.acquisition.gov/far/.

(xiv) n/a

(xv) Quotes are due by 12:00 PM EST on 20 September 2018. Email the proposal to paul.premoe@ihs.gov. Questions are due on 12 September 2018 by 12:00 PM EST. Offeror must confirm IHS’ receipt of their quote.

(xvi) POC is Paul Premoe, Contract Specialist, paul.premoe@ihs.gov.


Response Date:

Sol Number: