D--Cisco SmartNet Support Subscription Renewal
Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) | Published August 19, 2015 - Deadline August 26, 2015
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.The solicitation number is WE-133E-15-RQ-0996-01 and is issued as an invitation for bids (IFB), unless otherwise indicated herein.The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83-2. The associated North American Industrial Classification System (NAICS) code for this procurement is 541613 with a small business size standard of $15.00M.This requirement is a [ Small Business ] set-aside and only qualified offerors may submit bids.The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2015-08-26 16:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com.FOB Destination shall be in the Statement of Work.
The DOC NOAA National Environmental Satellite, Data, and Information Service requires the following items, Exact Match Only, to the following:
LI 001: FFP for Cisco Smartnet license reinstatement fee. Period of Performance through 1/31/2016 S/N JMX1448L15U (CON-SU1-AS2A10K9)
S/N JAF11310372 (CON-SU1-ASAINC10, 1, EA;
LI 002: FFP for Cisco Smartnet license renewal. Period of Performance through 1/31/2016 S/N JMX1448L15U (CON-SU1-AS2A10K9)
S/N JAF11310372 (CON-SU1-ASAINC10, 1, EA;
LI 003: FFP for Cisco Smartnet license reinstatement fee. Period of Performance through 1/31/2016 S/N FTX1550AJLU (CON-SNT-2921)
S/N FTX1550AJLZ (CON-SNT-2921), 1, EA;
LI 004: FFP for Cisco Smartnet license renewal. Period of Performance through 1/31/2016 S/N FTX1550AJLU (CON-SNT-2921)
S/N FTX1550AJLZ (CON-SNT-2921), 1, EA;
LI 005: FFP for Cisco Smartnet license reinstatement fee. Period of Performance through 1/31/2016 S/N 3565J4CD477 (CON-SAS-LCSACS52), 1, EA;
LI 006: FFP for Cisco Smartnet license renewal. Period of Performance through 1/31/2016 S/N 3565J4CD477 (CON-SAS-LCSACS52), 1, EA;
LI 007: FFP for Cisco Smartnet license reinstatement fee. Period of Performance through 1/31/2016 S/N FOX1441G1H9 (CON-SNT-C4507RE), 1, EA;
LI 008: FFP for Cisco Smartnet license renewal. Period of Performance through 1/31/2016 S/N FOX1441G1H9 (CON-SNT-C4507RE), 1, EA;
LI 009: FFP for Cisco Smartnet license reinstatement fee. Period of Performance through 1/31/2016 S/N FTX174210TR (CON-SU1-A151PS9)
S/N FTX1742116E (CON-SU1-A151PS9), 1, EA;
LI 010: FFP for Cisco Smartnet license renewal. Period of Performance through 1/31/2016 S/N FTX174120TR (CON-SU1-A151PS9) 1/10/2015-1/31/2016 S/N FTX174210TR(CON-SU1-A151PS9), 1, EA;
LI 011: FFP for Cisco Smartnet license reinstatement fee. Period of Performance through 1/31/2016 S/N JMX1201LHA (CON-SNT-AS1SBK9), 1, EA;
LI 012: FFP for Cisco Smartnet license renewal. Period of Performance through 1/31/2016 S/N JMX1201L1HA (CON-SNT-AS1SBK9), 1, EA;
LI 013: FFP for Cisco Smartnet license reinstatement fee. Period of Performance through 1/31/2016 S/N FTX1320A0NT (CON-SNT-C2811HSE)
S/N FTX1320A0XR (CON-SNT-C2811HSE), 1, EA;
LI 014: FFP for Cisco Smartnet license renewal. Period of Performance through 1/31/2016 S/N FTX1320A0NT (CON-SNT-C2811HSE)
S/N FTX1320A0XR (CON-SNT-C2811HSE), 1, EA;
LI 015: FFP for Cisco Smartnet 8x5xNBD for secure ACS 4X solution -engine 1113. Period of Performance through 1/31/2016 S/N QCF13510005 (CON-SNT-CSA1113), 1, EA;
Solicitation and Buy Attachments
***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.***
Contracting Officer's Authority. The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.
Contracting Officer's Representative (COR) (APR 2010) (a) ___________ is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at: ____________________ ____________________ ____________________ Phone Number:____________________ E-mail:____________________ (b) The responsibilities and limitations of the COR are as follows: (1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.
Insert the clause 1352.209?73, Compliance with the Laws, in all solicitations and contracts. As prescribed in 48 CFR 1309.507?2(c), insert the following clause: Compliance With the Laws (APR 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.
As prescribed in 48 CFR 1309.507?2(d), insert the following clause: Organizational Conflict of Interest (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as ?contractor?) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.
(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms ?contract,? ?contractor,? and ?Contracting Officer? shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507?1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof.
As prescribed in 48 CFR 1313.106?2?70, insert the following provision: Evaluation Utilizing Simplified Acquisition Procedures (Date) All solicitations using simplified acquisition procedures in FAR Part 13 must include provision 1352.213?70, Evaluation Utilizing Simplified Acquisition Procedures, or similar language setting out evaluation criteria.The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors.
Insert provision 1352.213?71, Instructions for Submitting Quotations under the Simplified Acquisition Threshold?Non-Commercial, or similar language in all solicitations for non-commercial purchase orders under the simplified acquisition threshold. The contracting officer shall indicate whether electronic submissions of quotations will be accepted. Paragraph (b)(4) of provision 1352.213?71 may be tailored based on the evaluation factors. As prescribed in 48 CFR 1313.302?1?70, insert the following provision: Instructions for Submitting Quotations Under the Simplified Acquisition Threshold?Non-Commercial (Date) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is ____. (b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. At a minimum, quotations must show? (1) The solicitation number; (2) The name, address, and telephone number of the offeror; (3) Acknowledgment of solicitation amendments; (4) A technical description showing that the offeror can supply the requirements in the specifications or statement of work in sufficient detail to allow the Government to evaluate the quotation in accordance with the evaluation factors stated in the solicitation. (5) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and reference information (including contract numbers, points of contact with telephone numbers and other relevant information). (6) Price and any supporting details for the price, as requested in the solicitation. (c) Offerors are responsible for submitting quotations, and any modifications thereto, so as to reach the Government office designated in the solicitation by the time specified. The offeror's initial quotation should contain the offeror's best terms from a price and technical standpoint. The Government may reject any or all quotations if such action is in the public interest; accept other than the lowest quotation; and waive informalities and minor irregularities in quotations received.
Insert clause 1352.239?70, Software License Addendum, in all contracts when the primary purpose is to purchase new software licenses or renew existing licenses. As prescribed in 48 CFR 1339.107, insert the following clause: Software License Addendum (APR 2010) (a) This Addendum incorporates certain terms and conditions relating to Federal procurement actions. The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties. (b) Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41 U.S.C. Section 601 et. seq. , and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those fora that have jurisdiction over Federal procurement matters. (c) Attorney's Fees: Attorney's fees are payable by the Federal government in any action arising under this contract only pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504. (d) No Indemnification: The Federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a). (e) Assignment: Payments may only be assigned in accordance with the Assignment of Claims Act, 31 U.S.C. Section 3727, and FAR Subpart 32.8, ?Assignment of Claims.? (f) Invoices: Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. Section 3903) and Office of Management and Budget (OMB) Circular A?125, Prompt Payment. (g) Patent and Copyright Infringement: Patent or copyright infringement suits brought against the United States as a party may only be defended by the U.S. Department of Justice (28 U.S.C. Section 516). (h) Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. (i) Renewal may only occur in accord with (1) the mutual agreement of the parties; or (2) an option renewal clause allowing the Government to unilaterally exercise one or more options to extend the term of the agreement.
As prescribed in 48 CFR 1339.270(a), insert the following provision: Electronic and Information Technology (APR 2010) (a) To be considered eligible for award, offerors must propose electronic and information technology (EIT) that meet the applicable Access Board accessibility standards at 36 CFR 1194 designated below: ___ 1194.21 Software applications and operating systems ___ 1194.22 Web-based intranet and internet information and applications ___ 1194.23 Telecommunications products ___ 1194.24 Video and multimedia products ___ 1194.25 Self-contained, closed products ___ 1194.26 Desktop and portable computers ___ 1194.31 Functional performance criteria ___ 1194.41 Information, documentation and support (b) The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future. (c) Alternatively, offerors may propose products and services that provide equivalent facilitation. Such offers will be considered to have met the provisions of the Access Board standards for the feature or components providing equivalent facilitation. If none of the offers that meet all applicable provisions of the standards could be accepted without imposing an undue burden on the agency or component, or if none of the offerors propose products or services that fully meet all of the applicable Access Board's provisions, those offerors whose products or services meet some of the applicable provisions will be considered eligible for award. Awards will not be made to an offeror meeting all or some of the applicable Access Board provisions if award would impose an undue burden upon the agency. (d) Offerors must submit representation information concerning their products by completing the VPAT template at http://www.Section508.gov .
Insert clause 1352.239?72, Security Requirements for Information Technology Resources, in all DOC solicitations and contracts for Information Technology services. The clause language may only be modified by adding more restrictive agency- or operating unit counsel -specific guidance
As prescribed in 48 CFR 1339.270(b), insert the following clause: Security Requirements for Information Technology Resources (APR 2010) (a) Applicability. This clause is applicable to all contracts that require contractor electronic access to Department of Commerce sensitive non-national security or national security information contained in systems, or administrative control of systems by a contractor that process or store information that directly supports the mission of the Agency. (b) Definitions. For purposes of this clause, the term ?Sensitive? is defined by the guidance set forth in the Computer Security Act of 1987 (Pub. L. 100?235), including the following definition of the term: (1) Sensitive information is ? * * * any information, the loss, misuse, or unauthorized access to, or modification of which could adversely affect the national interest or the, conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (The Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.? (2) For purposes of this clause, the term ?National Security? is defined by the guidance set forth in: (i) The DOC IT Security Program Policy and Minimum Implementation Standards, Section 4.3. (ii) The DOC Security Manual, Chapter 18. (iii) Executive Order 12958, as amended, Classified National Security Information. Classified or national security information is information that has been specifically authorized to be protected from unauthorized disclosure in the interest of national defense or foreign policy under an Executive Order or Act of Congress. (3) Information technology resources include, but are not limited to, hardware, application software, system software, and information (data). Information technology services include, but are not limited to, the management, operation (including input, processing, transmission, and output), maintenance, programming, and system administration of computer systems, networks, and telecommunications systems.
(c) The contractor shall be responsible for implementing sufficient Information Technology security, to reasonably prevent the compromise of DOC IT resources for all of the contractor's systems that are interconnected with a DOC network or DOC systems that are operated by the contractor. (d) All contractor personnel performing under this contract and contractor equipment used to process or store DOC data, or to connect to DOC networks, must comply with the requirements contained in the DOC Information Technology Management Handbook (see DOC, Office of the Chief Information Officer Web site), or equivalent/more specific agency or operating unit counsel guidance as specified immediately hereafter [insert agency or operating unit counsel specific guidance, if applicable].
(e) Contractor personnel requiring a user account for access to systems operated by the contractor for DOC or interconnected to a DOC network to perform contract services shall be screened at an appropriate level in accordance with Commerce Acquisition Manual 1337.70, Security Processing Requirements for Service Contracts. (f) Within 5 days after contract award, the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed initial IT security orientation training in DOC IT Security policies, procedures, computer ethics, and best practices, in accordance with DOC IT Security Program Policy, chapter 15, section 15.3. The COR will inform the contractor of any other available DOC training resources. Annually thereafter the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed annual refresher training as required by section 15.4 of the DOC IT Security Program Policy. (g) Within 5 days of contract award, the contractor shall provide the COR with signed acknowledgement of the provisions as contained in Commerce Acquisition Regulation (CAR), 1352.209?72, Restrictions Against Disclosures. (h) The contractor shall afford DOC, including the Office of Inspector General, access to the contractor's and subcontractor's facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of DOC data or to the function of computer systems operated on behalf of DOC, and to preserve evidence of computer crime. (i) For all contractor-owned systems for which performance of the contract requires interconnection with a DOC network on which DOC data will be stored or processed, the contractor shall provide, implement, and maintain a System Accreditation Package in accordance with the DOC IT Security Program Policy. Specifically, the contractor shall:
(1) Within 14 days after contract award, submit for DOC approval a System Certification Work Plan, including project management information (at a minimum the tasks, resources, and milestones) for the certification effort, in accordance with DOC IT Security Program Policy and [Insert agency or operating unit counsel specific guidance, if applicable]. The Certification Work Plan, approved by the COR, in consultation with the DOC IT Security Officer, or Agency/operating unit counsel IT Security Manager/Officer, shall be incorporated as part of the contract and used by the COR to monitor performance of certification activities by the contractor of the system that will process DOC data or connect to DOC networks. Failure to submit and receive approval of the Certification Work Plan may result in termination of the contract. (2) Upon approval, follow the work plan schedule to complete system certification activities in accordance with DOC IT Security Program Policy Section 6.2, and provide the COR with the completed System Security Plan and Certification Documentation Package portions of the System Accreditation Package for approval and system accreditation by an appointed DOC official. (3) Upon receipt of the Security Assessment Report and Authorizing Official's written accreditation decision from the COR, maintain the approved level of system security as documented in the Security Accreditation Package, and assist the COR in annual assessments of control effectiveness in accordance with DOC IT Security Program Policy, Section 188.8.131.52. (j) The contractor shall incorporate this clause in all subcontracts that meet the conditions in paragraph (a) of this clause.
Insert a clause substantially similar to 1352.246?70, Place of Acceptance, in contracts and solicitations to indicate where the acceptance of supplies and/or services will take place.
As prescribed in 1346.503, insert the following clause: Place of Acceptance (APR 2010) (a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be:
I have read and agreed to the "52.212-3 Offeror Representations and Cerfifications--Commercial Items" Clause in the attached 'Additional Clauses' document.
I have read and agreed to the "52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS- COMMERCIAL ITEMS" Clause in the attached 'Additional Clauses' document.
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
(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999) (b) Agency protests filed with the Contracting Officer shall be sent to the following address: NOAA/ NESDIS/CDA Station 1300 Eisele Road Fairbanks, AK. 99712 (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NOAA/NESDIS/CDA Station 1300 Eisele Road Fairbanks, AK. 99712 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858
(End of clause)
52.232-99, Providing Accelerated Payment to Small Business Subcontractors (DEVIATION) The Contracting Officer shall insert the following clause in all solicitations and resultant contracts. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M12-16. Providing Prompt Payment to Small Business Subcontractors, dated July 11 , 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receip?of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including paragraph (b) . in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
Evaluation of Offerors-Commercial Items (F)
1352.213-70 Evaluation Using Simplified Acquisitions Procedures. (R)
Except as provided in 4.1102(a), use the provision at 52.204-7, Central Contractor Registration, in solicitations. (2) If the solicitation is anticipated to be awarded in accordance with 4.1102(a)(5), the contracting officer shall use the provision at 52.204-7, Central Contractor Registration, with its Alternate I. (b) Insert the clause at 52.204-13, Central Contractor Registration Maintenance, in solicitations that contain the provision at 52.204-7, and resulting contracts.
The North American Industry Classification System (NAICS) code for this acquisition is 6625 (2) The small business size standard is (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
"Method of payment." (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer. (2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-- (i) Accept payment by check or some other mutually agreeable method of payment; or (ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause). (b) "Contractor`s EFT information." The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database.
Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (1) Any such clause is unenforceable against the Government. (2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'''' click box or other comparable mechanism (e.g., ``click-wrap'''' or ``browse-wrap'''' agreements), execution does not bind the Government or any Government authorized end user to such clause. (3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (End of clause)
"Explanation of delivery term." "F.o.b. destination" means-- (1) Free of expense to the Government delivered, on board the carrier`s conveyance, at a specified delivery point where the consignee`s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and (2) Supplies shall be delivered to the destination consignee`s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity.
Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
Convict Labor (Jun 2003) (E.O. 11755).
Child Labor--Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).
Prohibition of Segregated Facilities (Feb 1999).
Equal Opportunity (Mar 2007) (E.O. 11246).
Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
Restrictions on Certain Foreign Purchases (Jun 2008) (E.0.-, proclamations, and statutes administered by the Office
Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.
Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
52.237-2 Protection of Government Buildings, Equipment, and Vegetation.
As prescribed in 37.110(b), insert the following clause in solicitations and contracts for services to be performed on Government installations, unless a construction contract is contemplated:
Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)
The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor?s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.
(Reference 52.219-1) (A)(1) The North American Industry Classification System (NAICS) code for this Acquisition is 541519.
(Reference 1352.239-72) Security requirements for information technology resources. As prescribed in 48 CFR 1339.270(b), insert the following clause: Security Requirements for Information Technology Resources (APR 2010) (a) Applicability. This clause is applicable to all contracts that require contractor electronic access to Department of Commerce sensitive non-national security or national security information contained in systems, or administrative control of systems by a contractor that process or store information that directly supports the mission of the Agency.
(b) Definitions. For purposes of this clause, the term ?Sensitive? is defined by the guidance set forth in the Computer Security Act of 1987 (Pub. L. 100?235), including the following definition of the term: (1) Sensitive information is ? * * * any information, the loss, misuse, or unauthorized access to, or modification of which could adversely affect the national interest or the, conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (The Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.?
Sellers must supply documentation proving that they are an Authorized Cisco Gold or Silver Partner, if they do not provide this documentation they will be considered "non-responsive".
Sellers must bid exact match to spec (make, model and spec). Sellers must have the certification/specialization level required by Cisco to support both the product sale and product pricing, in accordance with applicable Cisco certification/specialization requirements. A) The products offered in this bid are brand new, not gray market and are in original packaging. B) Seller is providing these products via Cisco authorized channels for new equipment Federal sales. C) Full Cisco warranties will be provided and none of these products will have a negative impact on the warranties of associated system components. THE BID ON THIS OPPORTUNITY, SELLER MUST BE A CISCO GOLD OR SILVER PARTNERS. NO EXCEPTIONS.