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FSSI SmartBUY MICROSOFT SOFTWARE AND SERVICES
RFQ QTA0014CTB1000
Request for Quotation (RFQ)
QTA0014CTB1000
Federal Strategic Sourcing Initiative (FSSI) SmartBUY Microsoft Software and Services
________________________________________________
Issued to:
All contractors under General Services Administration (GSA)
Federal Supply Schedule (FSS) 70
Special Item Numbers (SINs) 132-32, 132-33, 132-34, 132-50, and 132-51
Conducted under Federal Acquisition Regulation (FAR) Subpart 8.4
Issued by:
Constance Thomas, Contracting Officer
GSA Federal Acquisition Service
Integrated Technology Services
1800 F Street, NW
Washington, DC 20405
Email: [email protected]
November 18, 2013
________________________________________________
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1 Introduction
1.1 Background
The Office of Management and Budget (OMB) founded the GSA SmartBUY Program in 2003, as an E-Government (E-Gov) initiative, as a means to improve the acquisition and use of information technology (IT) by the Federal Government. SmartBUY was developed to streamline the commodity software procurement process and realize cost efficiencies and recently became incorporated within the FSSI portfolio.
FSSI works collaboratively with federal agencies to aggregate requirements, streamline processes, and coordinate acquisitions for commonly purchased goods and services. The GSA, in partnership with the Department of Treasury, launched FSSI in November 2005 in response to the OMB “Memorandum on Implementing Strategic Sourcing” dated May 20, 2005.
FSSI encourages cross-Government collaboration and adoption of industry best practices, thereby allowing the Government to aggregate requirements, streamline processes, and leverage its buying power. SmartBUY aligned with FSSI in order to develop and implement sourcing and management strategies to lower the Government’s total cost of ownership of commercial software.
Over the years, federal agencies have made extensive capital investments in a wide range of Microsoft software and related support services. Agency offices have acquired the software and support services through a variety of acquisition vehicles. The demand for best in class pricing, better terms and conditions, and a more efficient license structure has increased as agencies’ current Microsoft agreements expire.
FSSI SmartBUY has developed, engaged, and facilitated an inter-agency FSSI SmartBUY Commodity Team to create a management strategy for the government-wide acquisition of software/services from major software publishers. The Commodity Team consists of senior IT and acquisition personnel in the Chief Information Officers’ and Chief Acquisition Officers’ offices of large federal agencies.
The FSSI SmartBUY Microsoft Software and Services procurement will apply a strategic sourcing approach to leverage government-wide volume to drive price reductions, optimize terms and conditions, improve product usage and license structure, and reduce the Federal Government’s total cost of ownership of Microsoft software and services.
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1.2 Scope
The scope includes all Microsoft software and services currently offered by authorized Microsoft resellers through FSS 70 as follows:
Microsoft System Software;Microsoft Application Software;Microsoft Server Software; Microsoft Enterprise Software;Microsoft Online Subscriptions; andMicrosoft Premier Support Services.
The Government will award BPAs under FSS 70, and will solicit the following Special Item Numbers (SINs):
132-32 - Term Software License 132-33 - Perpetual Software License 132-34 - Maintenance of Software as a Service 132-50 - Training Courses 132-51 - Information Technology Professional Services
1.3 Purpose
GSA intends to award multiple BPAs under FSS 70, which will provide federal agencies with a more efficient and effective way to order Microsoft software and services. Use of these BPAs will reduce the Federal Government’s total cost of ownership of Microsoft software and services by offering reduced pricing, optimized terms and conditions, and improved license structure over what exists in the current FSS 70 contracts.
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2 Administration
2.1 Authorized Users
All federal agencies listed in GSA Order ADM 4800.2H (or latest version if updated during the period of the BPAs) “Eligibility to Use GSA Sources of Supply and Services” are hereby authorized to place orders under these BPAs. Contractors may purchase on behalf of federal agencies when authorized in accordance with FAR Part 51 and the ordering activity’s contracting officer (CO). State and local governments and tribes are not authorized to place orders under these BPAs.
2.2 BPA Period of Performance
The BPAs will be effective from the date of establishment for a period of 5 years unless cancelled. This will accommodate both the immediate and anticipated future needs of FSSI SmartBUY Microsoft customers. Pursuant to FAR 8.405-3(d)(3), quoters may be awarded BPAs that extend beyond the current term of their FSS contract, so long as their FSS contract contains option periods that if exercised, will cover the BPA’s period of performance. Should a FSS 70 contract expire during the period of performance, the BPA expires on the same date as the FSS 70 contract and no new orders may be issued after that date.
The BPA holder shall notify the BPA CO no less than 60 calendar days prior to the expiration of the contractor’s FSS 70 contract that its contract is about to expire. The BPA will not extend beyond the final expiration of the contractor’s FSS 70 contract.
2.3 Order Period of Performance
The term for each order placed under any of the BPAs shall be specified in the individual order. Under no circumstances may an order be placed under a BPA if the BPA has expired, or has been cancelled by the Government. Order option periods, if included at initial issuance of the order, may be exercised after the expiration date of the BPA so long as the FSS 70 contract is still in effect, but may not extend beyond 5 years after the expiration of the BPA. Notwithstanding anything to the contrary above, a multi-year order placed under any of the BPAs must be consistent with FAR Subpart 17.1 and any applicable funding restrictions.
2.4 Place of Performance
The specific place of performance shall be included in each order.
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2.5 Review and Cancellation
a. In accordance with FAR 8.405-3(e), GSA shall review each BPA at least once a year to determine whether:
o The FSS 70 contract, upon which the BPA was established, is still in effect;
o The BPA still represents the best value; o Estimated quantities/amounts have been exceeded and additional price reductions
can be obtained.b. The Government may cancel the BPA at any time by notifying the BPA holder at least 30
calendar days in advance. BPA cancellation does not release the BPA holder from the duty to continue performance on any orders existing under the BPA. Ongoing orders continue in accordance with their own period of performance, even if the BPA is cancelled. Termination procedures for orders are addressed in the underlying FSS contract.
2.6 Ordering Procedures
Ordering activities will make their orders performance-based to the maximum extent possible. Orders shall be placed in accordance with FAR 8.405-3(c)(2). The specific ordering procedures for individual orders are as follows:
2.6.1 Orders at or below the micro-purchase threshold
The ordering activity may place orders at or below the micro-purchase threshold with any BPA holder that can meet their needs. The ordering activity should attempt to distribute any such orders among the BPA holders in accordance with FAR 8.405-3(c)(2)(i). The ordering activity will use the Enterprise Agreement (EA) Enrollment number as the identification number on all orders to ensure proper tracking, reporting of inventories, usage, and spending and shall ensure the proper primary and sub-EA Enrollment numbers are utilized with each order.
2.6.2 Orders exceeding the micro-purchase threshold but not exceeding the simplified acquisition threshold
The ordering activity must provide each multiple-award BPA holder a fair opportunity to be considered for each order exceeding the micro-purchase threshold, but not exceeding the simplified acquisition threshold unless one of the exceptions at FAR 8.405-6(a)(1)(i) applies.
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The ordering activity need not contact each of the multiple-award BPA holders before placing an order if information is available to ensure that each BPA holder is provided a fair opportunity to be considered for each order in accordance with FAR 8.405-3(c)(2)(ii)(B).
The ordering activity CO shall document the circumstances when restricting consideration to less than all multiple-award BPA holders offering the required supplies and services in accordance with FAR 8.405-3(c)(2)(ii)(C). The ordering activity will use the EA Enrollment number as the identification number on all orders to ensure proper tracking, reporting of inventories, usage, and spending and shall ensure the proper primary and sub-EA Enrollment numbers are utilized with each order.
2.6.3 Orders exceeding the simplified acquisition threshold
The ordering activity shall place an order as follows, unless the requirement is waived on the basis of a justification that is prepared and approved in accordance with FAR 8.405-6. The ordering activity shall—
a) Provide an RFQ to all BPA holders offering the required supplies or services under the multiple-award BPAs, to include a description of the supplies to be delivered or the services to be performed and the basis upon which the selection will be made;
b) Afford all BPA holders responding to the RFQ an opportunity to submit a quote; and c) Fairly consider all responses received and make award in accordance with the selection
procedures.
The ordering activity will use the EA Enrollment number as the identification number on all orders to ensure proper tracking, reporting of inventories, usage, and spending and shall ensure the proper primary and sub-EA Enrollment numbers are utilized with each order.
2.7 BPA Clauses
The BPAs will be subject to the terms and conditions of the contractor’s FSS 70 contract. Agencies may include supplemental requirements in orders, if the additional requirements do not conflict with the terms and conditions in the BPA or FSS 70 contract. Pursuant to FAR clause 52.212-4(s), in the event of a conflict between the FSS 70 contract, BPAs, and resulting orders, the following order of precedence shall prevail: FSS 70 contract, BPA, order. In the event of any inconsistency between the terms and conditions of the BPA and the terms and conditions of any attachment to the BPA, the terms and conditions of the BPA shall take precedence over the terms and conditions of any attachment, unless the parties specifically agree in writing that a term or condition of an attachment has precedence over the corresponding term or condition in the BPA.
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2.8 Invoices
Invoicing and payment shall be accomplished in accordance with the applicable FSS 70 contract clauses and handled at the individual order level.
2.9 Program Funding Fees
All program funding fees shall be included in the prices quoted in Attachment 03- Required Software and Services CLIN Pricing Workbook (see Section Error: Reference source not found) and in Attachment 05- Additional Software and Services CLIN Pricing Workbook (see Section 7.5). The Government’s cost of awarding, administering and managing the BPAs is funded through the addition of a program funding fee.
The GSA Program Funding Fees reimburse GSA for the costs of procuring and administering the BPAs. The fees are comprised of the GSA Industrial Funding Fee (IFF) set at 0.75 percent (.0075), and an additional 1.25 percent (.0125) Strategic Sourcing Program Funding Fee for the BPA. If the fees change, the BPA holder is required to adjust pricing up or down by the applicable percentage to reflect the new fee structure.
Remittance of the GSA IFF portion (.0075) shall be done in accordance with the underlying FSS 70 contract. Remittance of the Strategic Sourcing Program Funding Fee portion (.0125) shall be made by the BPA holder on a U.S. Government fiscal year, quarterly basis (e.g., October – December, January – March, April – June, July – September). The Strategic Sourcing Program Funding Fee is due fifteen (15) work days following approval by the BPA Contracting Officer’s Representative (COR) of the Report of Sales (see Section 3.3.4) for the completed reporting period. Strategic Sourcing Program Funding fees not paid within 30 calendar days of the approval of the Report of Sales are considered a debt to the U.S. Government under the terms of FAR Subpart 32.6. The Government may exercise all its rights under the BPA, including withholding or setting off payments and interest on the debt (see FAR 52.232-17). Failure of the BPA holder to pay the fees in a timely manner may result in cancellation of the BPA.
2.10 Fee Payment
The BPA holder shall remit the Strategic Sourcing Program Funding Fee by electronic payment using www.pay.gov. Payments can be made via Automated Clearing House (ACH) and credit cards.
For technical assistance with www.pay.gov, please call 1.800.624.1373; 216.579.2112 or send an email to [email protected].
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To access and submit payment–
Visit www.pay.gov. Under the heading “Find Public Forms” – select “by Agency Name”. Select “G”. Select “General Services Administration”. Select “SmartBUY”. Complete the forms and submit the payment to www.pay.gov. Send an email notification of payment to the BPA COR.
2.11 Funding
There are no funds obligated or guaranteed as a result of this BPA. The Government is obligated only to the extent of authorized orders made under the BPAs. It is the responsibility of the individual ordering activities to ensure adequate funds are available.
2.12 BPA Administration
The ordering activity CO is responsible for the general administration of individual orders, review/acceptance of all order level deliverables, monitoring of performance, payment, and technical direction required under said orders.
The GSA points of contact (POCs) responsible for overall administration of the BPAs are:
The BPA CO assigned to this BPA is:
To Be Determined at time of BPA establishment
Title:
U.S. General Services Administration
Address:
Phone:
Fax:
E-mail:
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The BPA COR assigned to this BPA is:
To Be Determined at time of BPA establishment
Title:
U.S. General Services Administration
Address:
Phone:
Fax:
E-mail:
2.13 BPA Holder’s Point of Contact (POC)
The BPA holder shall provide the BPA CO with the name, email address, and phone number of a primary and alternate POC prior to BPA establishment. The BPA holder shall notify the BPA CO of any changes in contact information as expeditiously as possible.
Primary POC:
Alternate POC:
2.14 BPA CO and BPA COR
The BPA CO is the only person authorized to make or approve any changes to any of the BPAs. The BPA COR supports the BPA CO during administration of the BPA. The BPA COR will:
Provide technical clarification relative to overall workload matters; Provide guidance to the BPA holder in the preparation of deliverables and services; Review and approve/reject the BPA deliverables listed in Section 3.4; Verify the BPA holder’s timely payment of the Strategic Sourcing Program Funding Fee; Schedule annual Program Management Reviews; Maintain a working file that contains at a minimum: current BPA holder contact
information and all related and pertinent correspondence, memos/conversations with the BPA holders, performance records, deliverables, and all COR appointment letters;
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Monitor and document BPA holder performance to ensure compliance with BPA requirements;
Provide input on annual BPA holder performance assessment reports; Promptly notify the CO in writing of confirmed deficiencies observed during
performance surveillance and any failures to comply with requirements of the BPAs; At the request of the CO, review and evaluate modification requests. Furnish comments
and recommendations to the CO regarding their technical adequacy, correctness, and relevance to the BPAs.
If, in the opinion of the BPA holder, any instruction or direction issued by the BPA COR is outside of their specific authority, the BPA holder shall not proceed, but shall notify the BPA CO.
2.15 Other Points of Contact
2.15.1 Ordering Activity CO
In accordance with FAR 1.602, a CO has authority to enter into, administer, or terminate contracts and make related determinations and findings. The ordering activity CO may bind the Government only to the extent of the authority delegated to them. Technical monitoring and assistance in the administration of the orders can be delegated to the ordering activity COR by the ordering activity CO in accordance with FAR 1.602-2(d)(4). The ordering activity CO may contact the BPA CO if there are any concerns.
2.15.2 Ordering Activity Program Manager (PM)
The ordering activity PM is each ordering activity’s primary contact for administrative functions or issues related to the administration of licensing or Enterprise Agreements, such as coordinating access to the Microsoft Volume Licensing website and resolving compliance issues.
2.16 Inspection
Inspection and acceptance of all BPA deliverables shall be performed by the BPA COR. All BPA deliverables will be inspected for content, completeness, accuracy, and conformance to BPA requirements by the BPA COR. The Government requires a period not to exceed 15 work days after receipt of final BPA deliverable items for inspection and acceptance or rejection.
Inspection and acceptance of all order deliverables shall be performed by the ordering activity.
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2.17 Basis of Acceptance
BPA deliverables will be accepted when all discrepancies, errors, or other deficiencies identified in writing by the BPA COR or BPA CO have been corrected. If the draft deliverable is adequate, the BPA COR may accept the draft and provide comments for incorporation into the final version. All of the Government's comments on BPA deliverables must either be incorporated in the succeeding version of the deliverable, or the BPA holder must demonstrate to the Government's satisfaction why such comments should not be incorporated. If the Government finds that a draft or final deliverable contains spelling errors, grammatical errors, improper format, or otherwise does not conform to the requirements stated within this BPA, the document may be immediately rejected without further review and returned to the BPA holder for correction and resubmission. If the BPA holder requires additional Government guidance to produce an acceptable draft, the BPA holder shall arrange a meeting with the BPA COR.
The basis for acceptance of all order deliverables shall be set forth in the order and shall be in compliance with the requirements set forth in the BPA, the BPA holder’s quote, and other terms and conditions of the FSS 70 contract.
2.18 Subcontracting and Teaming Relationships
Subcontracting and Contractor Teaming Arrangements (CTAs – see http://www.gsa.gov/cta) by FSS contractors are strongly encouraged. If a teaming arrangement is quoted, each teaming partner will have privity of contract with the Government. If subcontracting is quoted, the FSS 70 contractor, and not its subcontractors, has privity of contract with GSA. The FSS 70 contractor is responsible for its subcontracting activities and can delegate responsibility for performance. FSS 70 contractors are limited to the supplies and services awarded under its own, and its teaming partner's, if applicable, FSS 70 contract(s).
2.19 Security Requirements
Ordering activities will address agency-specific security requirements at the order level if applicable. BPA holders shall be subject to all federal ordering activity and agency-specific IT security standards, policies, reporting requirements, and government-wide laws or regulations applicable to the protection of government-wide information security.
Work performed under the BPAs may require that BPA holder personnel have access to Personally Identifiable Information (PII). BPA holder personnel shall adhere to the Privacy Act, Title 5 of the United States Code (U.S.C.), Section 552a, and applicable agency rules and regulations.
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Individual orders under this BPA may also require work be performed up to the Top Secret / Sensitive Compartmented Information (TS/SCI) level, and/or in Government facilities that require personnel to have TS/SCI clearances in order to enter the facility.
2.20 Publicly Releasable BPA Documents
The BPA holder agrees to submit, within 10 work days from the date of the BPA CO’s execution of the initial BPA, and any modification to the BPA, a portable document format (PDF) file of the fully executed document with all proposed necessary redactions, such as redactions of any trade secrets or any commercial or financial information that it believes to be privileged or confidential business information, for the purpose of public disclosure at the sole discretion of GSA. The BPA holder agrees to provide a detailed written statement specifying the basis for each of its proposed redactions, including the applicable exemption under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and, in the case of FOIA Exemption 4, 5 U.S.C. § 552(b) (4), shall demonstrate why the information is considered to be a trade secret or commercial or financial information that is privileged or confidential. Information provided by the BPA holder in response to these BPA requirements may itself be subject to disclosure under the FOIA. Submission of the proposed redactions constitutes concurrence of release under FOIA.
GSA will carefully consider all redactions proposed by BPA holders and associated grounds for nondisclosure prior to making a final determination as to what information in such executed documents may be properly withheld. The BPA holder will post redacted BPA documents on its public website in accordance with Section 3.3.5.3 Public Home Page.
Documents with redacted current year pricing are not acceptable.
2.21 Socioeconomic Preference
GSA is committed to ensuring that the maximum practicable opportunity is provided to small business, veteran-owned small business (VOSB), service-disabled veteran-owned small business (SDVOSB), HUBZone small business, small disadvantaged business (SDB), and women-owned small business (WOSB) concerns to participate in the performance of these BPAs.
2.22 Estimated Value
The estimated value of all software and services herein (for all awardees combined) is $5 billion. This number is provided solely as an estimate and does not commit the Government in any way.
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Several agencies have participated as committed members of the requirements development team and expect to transition to this government-wide vehicle. Initial customers are expected to include the Department of Commerce, the Department of Interior, Department of Homeland Security, the Department of Justice, the Department of State, Department of Transportation, Department of Treasury, National Aeronautics and Space Administration, National Science Foundation, and GSA. Other agencies are supporting this government-wide program and are anticipated to participate after the initial awards.
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3 Performance Work Statement (PWS)
3.1 Microsoft Software and Services CLIN Lots
The Government will acquire all Microsoft desktop and server software products, as well as related services. There are Nine CLIN lots:
CLIN Lot 1 – Enterprise Agreement (EA) Base Order CLIN Lot 2 – Enterprise Agreement (EA) True Ups CLIN Lot 3 – Enterprise Agreement for Application Platform (EAP) Base Order CLIN Lot 4 – Enterprise Agreement for Application Platform (EAP) True Ups CLIN Lot 5 – Enrollment for Core Infrastructure (ECI) Base Order CLIN Lot 6 – Enrollment for Core Infrastructure (ECI) True Ups CLIN Lot 7 – Select Plus Agreements CLIN Lot 8 – Premier Support Services (Optional CLINs) CLIN Lot 9 – Other Products
This includes options for Enterprise Agreements (Software Assurance) and Select Agreements (non-Software Assurance and Software Assurance optional).
BPA holders shall maintain all price tables for the full agreement period. All prices shall be firm fixed price, binding at the time of award, be specified for the entire agreement period, and shall not increase over the period of the agreement.
3.1.1 CLIN Lots 1 and 2 Enterprise Agreement (EA) Requirements
Products and bundled pricing analogous to commercially offered E A/Enterprise Enrollments. The Government will designate the quantities of users and devices that exist in each Class. Users in these CLIN Lots will fall into the following classes:
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1. Class 1 – Professional User Desktop Perpetual Licensing
Licensed users who use Microsoft products on a frequent basis. Software products covered in this Class include Microsoft Windows, Microsoft Office, and the Core or Enterprise Client Access License (CAL) suites.
2. Class 2 – Deskless Worker
Users who do not have a primary device and whose primary job function does not require the use of a Qualified Device. Software products covered in this Class include the Core or Enterprise CAL suites.
3. Class 3 – Multi-Enclave Desktop
Users requiring multiple seat licenses due to network segmentation (i.e. Secret Internet Protocol Router Network (SIPRNET) and Non-classified Internet Protocol Router Network (NIPRNET)). Each desktop must be independently licensed with MS software. Software products covered in this Class include Microsoft Windows and Microsoft Office.
4. Class 4 – Professional User Term license (On Premise Hosting)
Licensed users who use Microsoft products on a frequent basis, similar to Class 1 but with Term licensing instead of perpetual/SA. Software products covered in this Class include Microsoft Windows, Microsoft Office, and the Core or Enterprise CAL suites.
5. Class 5 – Professional User Term license (Microsoft Hosted Services)
Licensed users who use Microsoft products on a frequent basis. Software products covered in this Class include Microsoft Windows, Microsoft Office 365, and the Core CAL and Enterprise CAL suites.
3.1.2 CLIN Lots 3 and 4 Enterprise Agreement for Application Platform (EAP) Requirements
Products and bundling aligned with the commercial EAP covering server applications such as SQL Server, Sharepoint Server, etc.
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3.1.3 CLIN Lots 5 and 6 Enterprise Core Infrastructure (ECI) Requirements
Products and bundling aligned with the commercial ECI covering server products such as Microsoft Windows Server and Systems Center.
3.1.4 CLIN Lot 7 Select Plus Requirements
Products aligned with the commercial Select Plus agreement covering desktop operating systems, desktop applications, server operating systems, and server applications.
3.1.5 CLIN Lot 8 Premier Support Services (Optional CLINs)
Microsoft Premier Support services consist of the following offerings:
a) Support Account Management – Provides orientation and planning, status reporting, and escalation management service offerings.
b) Workshops and Events – Provides instructor-led training offerings and events (technical webcasts, podcasts and virtual labs) for a range of professionals, using Microsoft software, tools, and technologies.
c) Problem Resolution Support – Provides assistance in resolving problems that reasonably appear to have been caused by Microsoft software.
d) Support Assistance – Provides short-term advice and guidance outside the scope of Section 3.1.5.c, to include issues relating to design, development, and deployment.
e) Information Services – Provides Microsoft technical product information and support tools to improve product efficiency and effectiveness.
f) Designated Support Responsive Services – Provides a designated support professional to manage problem requests that require subject matter expertise for a specific product.
3.1.6 CLIN Lot 9 (Other Products) Requirements
CLIN Lot 9 is for products or services that are not otherwise described in CLIN Lots 1-7 but that are still within scope of the requirements as set forth in Sections 3.1 and 3.2 of this solicitation and within scope of the attached Limited Sources Justification (see Section 7.1). Acceptance of any items quoted in this CLIN Lot is at the Government’s discretion.
3.2 Microsoft Software Pool Descriptions
Software and products quoted in the above CLIN lots shall consist of Microsoft Software from the following:
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3.2.1 Microsoft Systems Software Pool
At a minimum, the Government requires the Microsoft Systems Software listed in Table 5-6 Required CLIN Lots. The System software products include the Operating System (OS) for the Windows desktop operating system client environment as well as tools to manage the OS.
3.2.2 Microsoft Applications Software Pool
At a minimum, the Government requires the Microsoft Applications Software listed in Table 5-6 Required CLIN Lots. The Application Software products are software and online services that consist primarily of the Microsoft Office Productivity Suite and perform the following functions: word processing, spreadsheet analysis, messaging, document sharing, graphics design, and related application software needs.
3.2.3 Microsoft Servers Software Pool
At a minimum, the Government requires all Microsoft Servers Software listed in Table 5-6 Required CLIN Lots. The Microsoft Server Pool includes software and online services that provide “back end” server and application services. Functionality provided includes CALs, Server Operating Systems, and Server Applications which perform the following functions: directory services, messaging, collaboration, web application, database services, infrastructure services, security and management services, and other application services.
3.3 Program Management Support
The BPA holder shall identify a PM who shall provide centralized administration of all work performed under this BPA and shall serve as the primary interface and point of contact for the BPA CO and BPA COR. The PM, at a minimum, is required to attend the Kickoff Meeting (see Section 3.3.1) and participate in periodic program management reviews (PMRs) (see Section 3.3.6). The BPA holder shall provide program and project management support in order to effectively plan, control, and execute this agreement and the resulting orders. This includes all activities related to agreement compliance and all entities supporting project management, including, but not limited to, subcontractors, teaming partners, vendors, and internal departments such as marketing, legal, finance, sales, provisioning, network management, billing, engineering, and program control.
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3.3.1 Kickoff Meeting
The BPA holder shall attend a Project Kickoff Meeting no later than 20 work days after BPA award at a location approved by the Government. The kickoff meeting will either be held virtually or at 1800F Street NW, Washington, D.C. The meeting will provide an introduction between the BPA holder personnel and Government personnel who will manage the BPA. The meeting will provide the opportunity to discuss technical and management issues and reporting procedures. At a minimum, attendees shall include the BPA holder’s PM, the BPA CO, and the BPA COR.
3.3.2 Orders
The BPA holder shall submit copies of all signed orders placed against the BPAs to the BPA COR via email (to be provided upon establishment of the BPAs), and in accordance with the Milestones/Deliverables Schedule in Section 3.4.
3.3.3 Order Identification
Each order made by an ordering activity component must include its respective EA Enrollment number, generated by the BPA holder that corresponds to the Online License Tracking portion of the BPA holder’s website. The BPA holder shall not accept an order from an agency headquarters (HQ) or an agency component without the proper EA Enrollment number (Licensing ID). The BPA holder shall use the EA Enrollment number as the identification number on all orders to ensure proper tracking, reporting of inventories, usage, and spending and shall ensure the proper primary and sub-EA Enrollment numbers are utilized with each order.
3.3.4 Quarterly Report of Sales
The BPA holder shall submit a Report of Sales to the BPA CO and BPA COR via email and via the BPA holder website, as outlined in Section 3.3.5.6 within 15 work days following the completion of the U. S. Government fiscal year quarterly reporting period (e.g., October – December; January – March; April – June; July – September) in accordance with the Milestones/Deliverables Schedule in Table 3-2 Milestones/Deliverables Schedule. The report shall be submitted in the standard format in Microsoft Excel shown in Section 7.2. The BPA holder shall also submit reports for quarterly periods with no sales. The BPA COR will provide the BPA holder with written approval of each report, along with a request to remit the Strategic Sourcing Program Funding Fees. If the BPA COR rejects the Report of Sales, the BPA holder shall revise the Report of Sales in accordance with the Government’s guidance and shall
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resubmit it within 3 work days. Any pricing errors should be corrected on the BPA holder’s website within 14 work days.
The quarterly BPA sales transaction reports shall contain, but are not limited to, the following data:
a) EA Enrollment number(s);b) Order number(s) and Order date(s);c) Products and services ordered during the reporting period;d) Unit and extended prices of the products and services ordered (broken out by product);e) Transactions broken out and grouped by Team Members identified in Table 5-8
Contractor Team Members (if applicable)f) Cost Avoidance: The difference between the BPA product price per unit vs. the GSA
FSS 70 product price per unit, multiplied by the applicable Quantities;g) BPA Order Date
3.3.5 BPA Holder Website
The BPA holder shall create, host, and maintain a public website promoting this agreement. The BPA holder shall deploy the website and provide the Uniform Resource Locater (URL) to the BPA COR, in accordance with the Milestones/Deliverables Schedule in Section 3.4. The BPA holder shall update its BPA and product and price lists on the website, as modifications occur, in accordance with the Milestones/Deliverables Schedule in Section 3.4. Quotes that redact current year pricing are not acceptable.
The website shall be accessible through standard web browsers including but not limited to: Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, and Apple Safari.
3.3.5.1 Website Availability
The BPA holder shall provide accessibility to its website 24 hours per day, 7 days per week, 365 days per year. The BPA holder shall ensure its website is operational 99% of the time. The BPA holder shall notify the agency PMs and BPA COR at least 48 hours in advance of any scheduled maintenance outages.
3.3.5.2 Website Section 508 Compliance
The BPA holder’s website must comply will all Section 508 requirements as stated in Section 3.7.
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3.3.5.3 Public Home Page
The website shall, at a minimum, provide a home page that is publicly available for anonymous access with the following:
a) FSS 70 Contract Number and Period of Performanceb) BPA holder’s Taxpayer Identification Number (TIN)/Federal Employer Identification
Number (FEIN)c) Data Universal Numbering System (DUNS) Numberd) Cage Code Numbere) Socio-Economic Designationf) BPA Number and Period of Performanceg) BPA Description (including FSSI SmartBUY Name)h) Description of Software and Servicesi) Current Redacted BPA, including all Terms and Conditions (pdf format) j) Ordering Guide (to be provided by the Government)k) Current Year BPA Software and Services Price List (pdf format) (no redactions)l) Software Publisher’s End-User License Agreementm) SmartBUY Point of Contact Information (for BPA CO and BPA COR) n) Hyperlink to GSA SmartBUY’s websiteo) Hyperlink to GSA’s FSSI websitep) Hyperlink to the FSSI page on GSA Advantage! websiteq) Hyperlink to BPA holder’s FSS 70 contract on GSA e-Library website r) Hyperlink to Microsoft volume licensing websites) BPA holder POC Information
3.3.5.4 Secure Online Order Tracking Requirements
BPA holders shall track new orders online maintaining an aggregate purchase history containing all orders for each agency and agency components, identified by their respective EA Enrollment number(s); containing at a minimum:
a) Customer Nameb) Agency Purchase Order #c) Contractor Team Member fulfilling the order, denoted by the Identifier Number specified
in Table 5-8 Contractor Team Members. If quoter is not teamed, the Identifier Number shall default to 1.
d) Order Date
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e) Product SKU, Description, Quantity, Unit Price, and Extended Price of each product in each order
f) Order Totalg) Ability for concurrent users in multiple enrollments to view their purchasing history.
3.3.5.5 Secure License Tracking
BPA holders shall provide ordering agencies access to a secure, online license tracking that allows the designated agency PMs and COs to:
a) View their agency’s current inventory of license and associated maintenance costs;b) View their agency’s affiliated EA Enrollment license activity, training, and consulting
services at the component-level and listed by Enterprise Agreement Enrollment number;c) View proof of purchase documentsd) Create dynamic reports for the agency and its componentse) View inventory of new and existing licenses upon migration to the BPAs; andf) Maintenance costs, services, and transfers by ordering agency components (using
separate EA Enrollment numbers)
BPA holders shall ensure that:
The BPA CO and BPA COR have visibility and access to all online tracking information for all agencies; and
Agencies only have visibility and access to their own agency-specific online tracking information based on appropriate permissions.
3.3.5.6 Posting Quarterly Report of Sales
The Quarterly Report of Sales as specified in 3.3.4 shall be posted to the BPA holder’s website in accordance with the Milestones/Deliverables Schedule in Table 3-2. Website access to the Quarterly Report of Sales shall be restricted to the BPA CO, BPA COR, ordering activity CO, and ordering activity PM as specified in Sections 2.14 and 2.15. A history of all Quarterly Reports of Sales shall be maintained online for the duration of the BPAs.
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3.3.5.7 Secure Ordering
It is recommended that all orders placed under this agreement be tracked through an ordering activity-specific Online Ordering Portal. Orders shall also be accepted by email or phone. The BPA holder will provide the Interactive Ordering Portal at no additional cost to participating ordering activities and the use of the portal will be included in the product unit prices for any Microsoft products purchased under these agreements. The Ordering Portal will:
a) Require registration for all users and ensure that only authorized users can place orders b) Support the ability for each ordering activity enrollment to request quotes for additional
licenses and/or software assurance for currently owned products, or licenses and/or software assurance for new products
c) Support the ability for the ordering activity PM to view all agency ordersd) Support the ability for concurrent users in multiple enrollments to request a quotee) Support the ability for concurrent users in multiple enrollments to view status of pending
requests
3.3.6 Program Management Reviews (PMRs)
The BPA holder shall participate in annual reviews of the progress of the BPAs in accordance with the Milestones/Deliverables Schedule in 3.4. At a minimum, reviews will be conducted annually and will be scheduled by the BPA COR. BPA holders will be given 30 calendar days notice for any additional PMRs. During these reviews, the BPA holder shall report on the status of BPA sales, marketing, and any outstanding issues concerning the BPA. PMRs may be held in-person or virtually. Travel expenses are the responsibility of the BPA holder. The following topics shall be presented by the BPA holder in these reviews:
a) Reports of Sales for the yearb) Strategic Sourcing Program Funding Fee payments (timely and correct submission of
fees)c) Performance Requirements Summary metric results d) Planned technology enhancements, in support of software and services offered under this
agreemente) Any invoicing, technical, or other programmatic issuesf) Potential contract vehicle impacts by changes in technology enhancements or by new
product offerings g) Modifications: Completed, In-Process, Potentialh) New sales opportunities
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i) Projected Business Volume for the upcoming yearj) Marketing activities, including meetings and conferencesk) Sales leakagel) Other items deemed important by the BPA holder or the Governmentm) Status of Underlying Schedule Contract Period of Performance
The BPA holder shall submit an electronic copy in Microsoft PowerPoint of the presentation in accordance with the Milestones/Deliverables Schedule in Section 3.4.
3.3.7 Quote Response Time
The BPA holder shall respond to ordering activity requests for quote within 5 work days or respond back to the requester within 1 work day with a timeframe for when a response can be provided.
3.3.8 Performance Metrics
The PM shall submit quarterly results on how the BPA holder met the Acceptable Quality Levels (AQL) for each Performance Requirement in the Performance Requirements Summary (PRS) in Table 3-1 below. The BPA holder shall submit Performance Requirements Summary Reports in accordance with the Milestones/Deliverables Schedule in Section 3.4. The Government will use this information, in conjunction with feedback from Government personnel, to assess the BPA holder’s performance at the BPA level. The BPA holder’s performance will be reflected in its annual performance assessment.
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Table 3-1 Performance Requirements Summary (PRS)
Item
No.
PWS Paragraph Reference
Performance Requirement
Performance Standard
Acceptable Quality Level (AQL)
Method of Measurement
1 3.3.4Timely delivery of Quarterly Report of Sales
BPA holder delivers at least 98% of the Reports of Sale in accordance with the Table3-2 Milestones/DeliverablesSchedule.
Review of BPA holder’s delivered reports.
2 3.3.4 Accuracy of information in Report of Sales
At least 85% of the Report of Sale deliverables contain accurate information, causing no more than 15% rework or revisions.
Review of BPA holder’s delivered reports.
3 3.3.5Timely and complete initial deployment of BPA holder’s website
BPA holder deploys its website in accordance with the Milestones/Deliverables Schedule and contains 100% of the required elements.
Review of BPA holder’s website.
4 3.3.5Accuracy of information on BPA holder’s website
At least 99% of all information posted on the BPA holder’s website is accurate.
Review of BPA holder’s website.
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Item
No.
PWS Paragraph Reference
Performance Requirement
Performance Standard
Acceptable Quality Level (AQL)
Method of Measurement
5 3.3.5
Timely deployment of product and price list changes on BPA holder’s website
100% of the website updates are deployed in accordance with the Milestones/ Deliverables Schedule.
Review of BPA holder’s website.
6 3.3.5 Website uptimeAt least 99% uptime of BPA holder website.
Review of BPA holder’s website
7 3.3.5.2Website Section 508 compliance
BPA holder will maintain 100% Section 508 compliance throughout the performance of the BPA.
Review of BPA holder’s website
8 3.3.5.6Posting Quarterly Report of Sales
BPA holder posting in accordance with Table 3-2 Milestones/Deliverables Schedule.
Review of BPA holder’s website
9 3.3.6Accuracy of information in the required elements of PMR deliverable(s)
At least 95% of the information reported in the PMR deliverable(s) is accurate.
Review of PMR deliverables.
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Item
No.
PWS Paragraph Reference
Performance Requirement
Performance Standard
Acceptable Quality Level (AQL)
Method of Measurement
10 3.3.8Accuracy of reported performance metrics results
At least 98% of the performance metrics information reported in the Performance Requirements Summary Reports is accurate.
Review of BPA holder’s compliance with performance requirements and BPA holder supplied reports.
11 3.5Ensuring compliance with Legal Restrictions
100% of all modification requests that contain license agreements comply with the requirements set forth in the BPA
Review of BPA holder supplied license agreements
12 3.10Timely notification of software defects
100% notification within 48 hours of discovered defects
Review of BPA holder’s reported defects vs. publisher disclosure
3.3.9 Sales Leakage
The goals of the FSSI SmartBUY Program Management Office (PMO) can only be realized through cooperation between the Government and the BPA holder to direct all appropriate purchases through this contract vehicle. The BPA holder shall ensure that all sales personnel are aware of the FSSI SmartBUY PMO program and enforce the policy that the BPAs are the preferred procurement vehicle for the software and services within. The BPA holder shall
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establish a process to regularly audit sales to Government buyers, determine where sales outside the FSSI SmartBUY PMO Microsoft BPAs are occurring (i.e., sales leakage), and take commercially reasonable action to direct further sales through the BPAs. Results of these audits will be presented as an agenda item during PMRs.
3.4 Milestones and Deliverables The BPA holder shall provide the following deliverables listed below in Table 3-2 Milestones/Deliverables Schedule.
The U.S. Government fiscal year quarters are: October – December; January – March; April – June; and July – September.
The following abbreviations are used in the table:
NLT: No Later Than
COR: BPA COR
All References to Days: Government work days
Table 3-2 Milestones/Deliverables Schedule
No. Milestone/Deliverable Completion Date Deliver To Paragraph
Reference1 Email Notification of Strategic
Sourcing Program Funding Fee Payment
NLT 15 days following Government approval of the Report of Sales
COR 2.10
2 Publicly Releasable Version of BPA and all modifications
NLT 10 days after BPA award or modification
CO 2.20
3 Kickoff Meeting NLT 20 days after BPA award
CO and COR 3.3.1
4 Electronic copies of signed orders
NLT 5 days after order award
COR 3.3.2
5 Report of Sales Quarterly, by 15th day of January, April, July and October
CO and COR 3.3.4
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No. Milestone/Deliverable Completion Date Deliver To Paragraph
Reference6 Report of Sales (resubmissions) NLT 3 days after
Government’s requestCO and COR 3.3.4
7 BPA Holder Website (Initial Deployment)
NLT 30 days after kickoff meeting
COR 3.3.5
8 BPA Holder Website (Updates to BPA and Product and Price Lists)
NLT 3 days after BPA modification
COR 3.3.5
9 Posting of Report of Sales NLT 5 days after final Government approval
BPA holder provided website
3.3.5.6
10 PMR Annually, NLT 30 days after BPA award anniversary
CO and COR 3.3.6
11 PMR Slides (Electronic Copies of Annual Presentations)
Annually, NLT 7 days prior to the scheduled PMR
CO and COR 3.3.6
12 Quote Response Time Within 5 days of RFQ receipt throughout BPA period of performance
Ordering activity CO
3.3.7
13 Performance Requirements Summary Reports
Quarterly, by 15th day of January, April, July, and October
CO and COR 3.3.8
14 IPv6 Non-Compliant Deliverable Obtain ordering activity CO’s approval before starting work on the deliverable
Ordering activity CO
3.9
15 Software Quality Control Within 48 hours of discovery
BPA CO and COR
3.10
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3.5 License Agreement The quoter shall submit, as part of the quote, a license agreement which complies with the overall requirements of this RFQ; in particular those described in Sections 3.5.1, 3.5.2 and 3.5.3 below.
3.5.1 Enterprise License Agreement
The provided license agreement shall include terms and conditions that cover:
a) Terms and Conditions contained within the Microsoft Enterprise Agreement for Government Partners (for CLIN Lots 1, 2, 3 and 4)
b) Terms and Conditions contained within the Microsoft Enterprise Enrollment for Government Partners (for CLIN Lot 1 and 2)
c) Terms and Conditions contained within the Microsoft Enrollment for Application Platform for Government Partners (CLIN Lot 3 and 4)
d) Terms and Conditions contained within the Microsoft Enrollment for Core Infrastructure for Government Partners (CLIN Lot 5 and 6)
e) Terms and Conditions contained within the Microsoft Select Plus Agreement (CLIN Lot 7)
f) Terms and Conditions contained within the Microsoft Premier Support Services Description – Federal Integrator
g) Terms and Conditions for any CLIN Lot that are not covered in the Federal Product Use Rights (PUR) or above Microsoft Enterprise Agreement or Enterprise Enrollments.
3.5.2 License Agreement Requirements
The following are the Government’s license agreement requirements and apply regardless of the format or title of the License Agreement (i.e., whether entitled "Software License Agreement," "End User License Agreement," "Terms of Service," or otherwise and whether presented in hard copy or in a clickwrap or similar format):
a) General: The Government understands that commercial software will be purchased in furtherance of this BPA and subsequent orders as described in Section 3, Performance Work Statement. The commercial software may be subject to commercial agreements which may take a variety of forms, including without limitation, licensing agreements, terms of service, maintenance agreements, and the like, whether existing, in hard copy or in an electronic or online format such as "clickwrap" or "browsewrap" (collectively, "Software Agreements"). The Government and BPA holders understand and abide by
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applicable FAR clauses, including FAR 12.212(a) which states commercial software shall be acquired under licenses customarily provided to the public to the extent such licenses are consistent with federal law and otherwise satisfy the Government’s needs. All terms and conditions outlined in any clickwrap agreement are void; only the terms and conditions outlined in the mutually agreed upon license agreement(s) will apply.
b) Fees, taxes, and payment: If the software is licensed as part of a separate Government contract between the Federal Government Licensee and a prime contractor, the provisions of such contract regarding fees, taxes and payment shall supersede any provisions of this Agreement regarding same. Notwithstanding the foregoing: (a) express written agreement of the Federal Government Licensee shall be required prior to (i) any extension or renewal of this Agreement or the associated fees or (ii) any change in the fees; (b) late payments shall be governed by the Prompt Payment Act and the regulations at 5 CFR 1315; and (c) no cost of collection on delinquent invoices may be sought against the Federal Government Licensee except as, and then only to the extent, specifically authorized by applicable federal statute.
c) Assignment: Licensor may not assign this Agreement or its rights or obligations thereunder, in whole or in part, except in accordance with the procedures set forth in FAR Subparts 32.8 and/or 42.12, as applicable.
d) No waiver of liability or cause of action: Any provision requiring the Federal Government Licensee to agree to waive or otherwise not to pursue any claim against the licensor it may otherwise have is hereby deleted. Without limiting the generality of the foregoing, the parties agree that nothing in this Agreement, including but not limited to the limitation of liability clauses, in any way grants the licensor a waiver from, release of, or limitation of liability pertaining to, any past, current or future violation of federal law and that no clause restricting users' statements shall be read to restrict the Federal Government Licensee's ability to pursue any course of action otherwise permitted by federal law, regulation, or policy, including without limitation making public statements in connection with any suspension or debarment action.
e) Audit: Any clauses in this Agreement allowing for an audit of the Federal Government Licensee's records or information systems, or verification of its compliance with this Agreement generally, shall be subject to the Federal Government Licensee's requirements pertaining to security matters, including without limitation clearances to be held and non-disclosure agreements to be executed by auditors, badging or escorting requirements for access to premises, and other applicable requirements. Any over-use identified in an audit shall be referred to the prime contractor or the ordering activity contracting officer (as applicable) for action. No audit costs may be sought against the Federal Government
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Licensee except as, and then only to the extent, specifically authorized by applicable federal statute.
f) Third party terms: Any third-party licensing terms associated with third-party software components or products embedded in or otherwise provided with the Software shall be deemed amended in accordance with items a-e above.
3.5.3 Legal Restrictions
If the quoter quotes to provide any commercial computer software ("Commercial Software") as part of its quoted solution in response to this RFQ, the BPA holder shall ensure that any software license agreement ("License Agreement") associated with such Commercial Software and intended to bind the Government complies with the guidelines set forth in the table below.
These guidelines are based upon federal law and are designed to ensure compliance with FAR 12.212(a), which provides that commercial software and documentation shall be acquired under licenses customarily provided to the public "to the extent such licenses are consistent with federal law and otherwise satisfy the Government's needs."
They shall apply regardless of whether the original rights holder to the Commercial Software ("Licensor") is the BPA holder, its subcontractor, or a third party, and in the case of third-party, software embedded or provided with the Commercial Software. Further, these guidelines shall apply regardless of the format or title of the License Agreement, i.e., whether entitled "Software License Agreement," "End User License Agreement," "Terms of Service," or otherwise and whether presented in hard copy or in a clickwrap or similar format. For the avoidance of doubt, this may require the BPA holder to negotiate with its Licensors and to obtain a revised version of the License Agreement. License Agreements incorporated into a company's FSS 70 or other Government contract are not exempt from this requirement.
If quoting Commercial Software, the quoter shall submit compliant License Agreements together with its quote. Failure to submit compliant License Agreements at the time of quote submission may render the quote ineligible for award.
* The following standard commercial terms are deemed non-compliant within the meaning of this clause.
** The License Agreement will be deemed compliant when the action specified in this column is successfully implemented.
Table 3-3 Legal Restrictions
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Item
Commercial Terms* Legal Restriction Action**
1
Contract formation and modification
Under FAR 1.601(a), in an acquisition involving the use of appropriated funds, an agreement binding on the Government may only be entered into by a duly warranted contracting officer in writing. Under FAR 43.102, the same requirement applies to contract modifications affecting the rights of the parties.
Any provisions purporting to form a contract binding on the U.S. Government by any other means (e.g., use, download, click through terms, etc.) must be deleted. The same applies to provisions allowing for License Agreement terms to be changed unilaterally by the Licensor.
2
Patent or Other Type of Intellectual Property Indemnity – sellers of products or services often provide that in the event of claim or litigation alleging infringement of patent rights asserted by some third party that the seller will indemnify the buyer, provided that the buyer provide notice of the claim or litigation, and that the seller assume control of the litigation and any proposed settlement.
Under the authority of 28 USC § 516, only the Attorney General, acting by and through the attorneys of the U.S. Department of Justice, may represent the U.S. Government in litigation.
The Patent or other type of intellectual property Indemnity clause remains in effect, but any undertaking to "defend" the Government or any requirement that the seller control litigation and any proposed settlement is to be deleted.
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Item
Commercial Terms* Legal Restriction Action**
3
General Indemnity – sellers of products or services provide that in the event of any litigation arising from the buyers use of the product or service that the buyer will indemnify the seller's litigation costs and damages (if any).
See FAR 52.212-4(u) General Indemnity clauses must be removed from the License Agreement.
4
Arbitration of Disputes – sellers of products or services provide that any disputes with buyer must be resolved through binding arbitration without recourse to litigation in state or federal courts.
Federal agencies are not allowed to use binding arbitration unless the head of the agency has promulgated guidance through administrative rulemaking on the use of binding arbitration. See 5 U.S.C. § 575. At the time of this Solicitation release, GSA has not done so.
Binding Arbitration clauses must be removed from the License Agreement.
5 Venue, Jurisdiction, and Choice of Law – sellers of products or services provide that jurisdiction of any dispute will be in a particular state, federal or foreign court or that particular state or foreign law will govern.
Litigation where the U.S. Government is a defendant must be heard either in U.S. District Court (28 U.S.C. § 1346) or the U.S. Court of Federal Claims (28 U.S.C. §1491). The U.S. Government, as the
Clauses claiming that disputes will only be heard in state court will be revised to allow disputes in federal court. Choice of law clauses must be deleted.
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Item
Commercial Terms* Legal Restriction Action**
sovereign, does not contract under state or foreign law. Depending on the subject matter of the dispute, the Contract Disputes Act or other applicable law will govern.
6
Equitable Remedies – sellers of products or services provide that in the event of a dispute concerning patent or copyright infringement that the end user agree that an injunction is appropriate.
The only remedy provided for copyright or patent infringement against the U.S. Government is monetary damages. See 28 U.S.C. § 1498.
Equitable remedy clauses must be removed.
7
Negative Options – sellers of products or services provide that option periods will automatically be exercised unless affirmative action is taken by the buyer to not exercise the option.
Agreements to pay money in advance of appropriations violate the restrictions of the Anti-Deficiency Act, 31 U.S.C. § 1341(a)(1)(B)
Negative option clauses must be removed.
8 Integration/Order of Precedence Clauses
Any provisions purporting to invalidate or supersede the terms of the Government contract resulting from this Solicitation must be removed from the
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Item
Commercial Terms* Legal Restriction Action**
License Agreement.
3.6 Intellectual Property Rights
The existence of any patent, patent application, or other intellectual property right that encumbers any deliverable must be disclosed in writing on the cover letter that accompanies the delivery. If no such disclosures are provided, the data rights provisions in FAR 52.227-14, Rights in Data – General, Alt. II and III apply. The Software Agreements referenced in Section 3.5, amended as contemplated therein, shall be deemed to constitute such disclosure with regard to their associated commercial software tools and shall prevail over any inconsistent provision in FAR 52.227-14, Rights in Data – General, Alt. II and III to the extent of such inconsistency.
3.7 Section 508 Compliance Requirements
Unless the Government invokes an exemption for work performed in support of individual orders under this BPA, all Electronic and Information Technology (EIT) products and services proposed shall comply with Section 508 of the Rehabilitation Act of 1973, per the 1998 Amendments, 29 United States Code (U.S.C.) 794d, and the Architectural and Transportation Barriers Compliance Board’s Electronic and Information Technology Accessibility Standards at 36 Code of Federal Regulations (CFR) 1194, as required by contractor’s FSS 70 contract. The BPA holder shall identify all EIT products and services quoted, identify the technical standards applicable to all products and services quoted, and state the degree of compliance with the applicable standards. Additionally, the BPA holder must clearly indicate where the information pertaining to Section 508 compliance can be found (e.g., exact web page location). The BPA holder shall ensure that this information pertaining to Section 508 compliance is easily accessible beginning at time of award and throughout the period of performance of the BPA.
Specific order RFQs may require Section 508 compliance testing or verification to be performed prior to order award, or prior to acceptance of deliverables.
3.8 International Organization for Standardization (ISO)/International Electro-technical Commission (IEC) 19770-2 and 19770-3, Software Tagging Standards
BPA holders shall adhere to the following standards:
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ISO/IEC 19770-2: Unless modified by delivery order, commercial-off-the-shelf software products released for production after January 1, 2013 shall include a software identification tag that conforms to the International Standard for Software Identification Tagging. At a minimum, the Government requires that software identification tags provide the specified mandatory elements designated by ISO/IEC 19770-2:2009. BPA holders shall provide optional elements as required by the ordering activity;
ISO/IEC 19770-3: ISO is in the process of developing a Software Asset Management (SAM) standard that specifies how software entitlements should be identified in an electronic format. ISO/IEC 19770-3 is currently in draft form. Once the standard is finalized and published, commercial-off-the-shelf software items shall support the delivery of software entitlement information by utilizing the ISO/IEC 19770-3 standard.
As these standards are finalized and published, the BPA holder shall work with Microsoft to ensure that new software purchases made by the Government under the BPA include both identification tags (ISO 19770-2) and software entitlement tags (ISO 19770-3). The BPA holder shall work with the Government to create installation packages that are tagged to each enrollment number as specified in this section. The BPA holder shall provide the tools to create and manage the tags as software is deployed via custom packages. See http://tagvault.org / for details.
3.9 Compliance with Internet Protocol Version 6 (IPv6) in Acquiring Information Technology (IT)
This acquisition involves IT that uses Internet Protocol (IP) technology. The BPA holder agrees that (1) all deliverables that involve IT that uses IP (products, services, software, etc.) comply with IPv6 standards and interoperate with both IPv6 and IPv4 systems and products; and (2) it has IPv6 technical support for fielded product management, development and implementation available. If the BPA holder plans to provide a deliverable that involves IT that is not initially compliant, the BPA holder agrees to (1) obtain the ordering activity CO’s approval before starting work on the deliverable; and (2) have IPv6 technical support for fielded product management, development and implementation available.
Full technical specifications for Hosts, Routers, and Network Protection products recommend by the National Institute of Standards and Technology (NIST) for acquisition in the Federal Government can be found in NIST SP 500-267 USGv6 profile.
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3.10 Software Quality Control
All programs, modifications, updates, patches and new releases provided to the Government shall be free of any computer virus or other malicious code. All programs, modifications, updates, patches or new releases found to contain a virus or other malicious code shall be treated as a defect. In the event of such an occurrence, the BPA holder shall:
a) Notify the ordering activity CO immediately, but no later than 48 hours after discovery by the BPA holder or another customer or other entity, of a virus or other malicious code; and
b) Assist the Government in rendering the virus or other malicious code harmless.
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4 Terms and Conditions
4.1 Confidentiality and Nondisclosure
No information obtained by the BPA holder through the execution of this BPA can be utilized for any purpose other than for direct administration or execution of the BPA. Information obtained while executing orders under this BPA may not be used for marketing or other purposes unrelated to this BPA.
4.2 Organizational Conflict of Interest
If the BPA holder is currently providing support or anticipates providing support that creates or represents an actual or potential organizational conflict of interest (OCI), the BPA holder shall immediately disclose this actual or potential OCI in writing to the BPA CO and ordering activity CO (if applicable) in accordance with FAR Subpart 9.5. All actual or potential OCI situations shall be handled in accordance with FAR Subpart 9.5.
4.3 Individual Nondisclosure Agreements
BPA holder personnel working on any orders, at the Government’s request, will be required to sign formal non-disclosure and/or conflict of interest agreements to guarantee the protection and integrity of Government and/or BPA holder information and documents. The BPA holder shall not release, communicate or otherwise disseminate information to any other parties without the written consent of the ordering activity CO.
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5 Instructions to Quoters
5.1 General Instructions
The quoter shall prepare and submit its quote as instructed in this RFQ. In order to compete under this RFQ, the FSS 70 contractor may need to modify its FSS 70 contract offerings to ensure its contract contains the required software and services. All quoted software and services must be on the quoter’s FSS 70 contract or teaming partner’s FSS 70 contract at the time of quote submission.
All quotes shall be handled in accordance with FAR 3.104. Quoter employees responsible for preparing material that may be source selection information must mark each page that the quoter believes contains source selection information with the legend “Source Selection Information.”
Information requested herein must be furnished in writing and be completely in compliance with RFQ instructions. The information requested and the manner of submission is essential to permit prompt evaluation of all quotes on a fair and uniform basis.
The quoter shall submit a cover letter and separate Technical, Price, and Past Performance volumes as shown in Table 5-1 below. Pricing shall not be included in any non-price (Technical and Past Performance) volumes. Pages beyond the stated limits will not be evaluated.
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Table 5-4 Contents of Quote Volumes
Volume Volume Description ReferenceMaximum
Pages
Cover Letter 5.3 1
I. Technical
Executive Summary 5.4 2
Microsoft Open License Government Estimated Retail Price List
5.4.1Unlimited
Subfactor 1 - License Agreement 5.4.2 Unlimited
Subfactor 2 - License Agreement Crosswalk
5.4.3 Within provided workbook (unlimited)
Subfactor 3 - Section 508 Compliance Statement
5.4.4Unlimited
Subfactor 4 - BPA Compliance Statement
5.4.51
Subfactor 5 - Required Software and Services CLIN Non-Price Workbook
5.4.6 Within provided workbook (unlimited)
Subfactor 6 - BPA Holder Website 5.4.7 15
Subfactor 7 - Socioeconomic Status 5.4.8 Unlimited
Subfactor 8 - Additional Software and Services CLIN Non-Price Workbook – CLIN Lot 8 Premier Support (Optional)
5.4.9Within provided
workbook (unlimited)
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Volume Volume Description ReferenceMaximum
Pages
Subfactor 9 – Additional Software and Services CLIN Non-Price Workbook – CLIN Lot 9 Other Products (Optional)
5.4.10 Within provided workbook (unlimited)
II. Price
Section A. Required Software and Services CLIN Pricing Workbook
5.5.1 Within provided workbook (unlimited)
Section B. Additional Software and Services CLIN Pricing Workbook – CLIN Lot 8 Premier Support (Optional)
5.5.2Within provided
workbook (unlimited)
Section C. Additional Software and Services CLIN Pricing Workbook – CLIN Lot 9 Other Products (Optional)
5.5.3Within provided
workbook (unlimited)
Section D. FSS 70 Pricelist 5.5.4 Unlimited
Section E. Contractor Teaming Arrangements (CTAs) Supporting Documentation (if applicable)
5.5.5Unlimited
Section F. Assumptions (if applicable) 5.5.6 Unlimited
III. Past Performance
Past Performance5.6
6
Complete quotes are due by December 18, 2013, at 1:00 P.M., Eastern Standard Time (EST). Quotes shall be submitted via GSA eBuy at www.ebuy.gsa.gov.
Quotes not received by the deadline through the electronic means specified will not be accepted or evaluated. The electronic time stamp on quotes submitted through GSA eBuy will determine
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timeliness of quote. The following document/attachment size restrictions apply: 5 MB per document, unlimited number of documents.
Upon receipt, all quotes, reports, documents, and materials provided to the Government become Government property and will not be returned. The Government will not be responsible for any quote preparation costs.
Instructions for uploading quotes on GSA eBuy can be found at the following link: https://www.ebuy.gsa.gov/images/ebuy/tutorial/ebuysellers1.ppt
5.1.1 Submission of Questions
All questions regarding this RFQ shall be submitted via email to the CO:
Constance Thomas
Questions shall be submitted no later than November 22, 2013, at 1:00 PM EST to ensure a timely response. The Government will publish questions and answers (without attribution to the company submitting the question) by amendment to the eBuy RFQ within a reasonable timeframe giving particular consideration to the quote submission due date and time.
The quoter shall provide contact information (person name, company, phone number, and email address) when submitting questions. The subject line of the email shall be: “Questions on FSSI SmartBUY Microsoft Software and Services RFQ.” Questions shall be written in a way that enables a clear understanding of the quoter’s issues or concerns. Statements expressing opinions, sentiments, or conjectures are not considered valid inquiries and will not receive a response. Furthermore, quoters are reminded that the CO will not address hypothetical questions aimed at receiving a potential evaluation decision. Quoters shall submit questions in the table format specified below in Table 5-5.
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Table 5-5 Format for RFQ Questions
No.
RFQ Reference (paragraph number)
Question CommentRecommended
Answer/Solution and Rationale
1
2
3
5.2 Format Instructions for Quote Submission
For all three volumes, the quoter’s response shall follow the layout of this RFQ. Each volume shall include a Table of Contents of that volume’s contents that identifies sections and subsections by number and a descriptive title as well as the corresponding page numbers.
Each page within each volume and section shall be numbered using a consistent numbering scheme. This scheme shall also be used for all supporting documentation, such as charts and figures, included in each volume.
The font shall be 12 point Times New Roman (with the exception of pre-printed product literature). File formats shall be compatible with Microsoft Office 2007 and shall not be password protected. No reduction is permitted except for organization charts or other graphic illustrations. In those instances where reduction is allowable, quoters shall ensure that the print is easily readable. This includes no less than 9-point font on graphics and 10-point font on tables. Each page shall have at least one inch margins around the page. Only header/footer information may be included in the 1 inch margin space.
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5.3 Cover Letter
The Cover Letter shall be one page and shall contain the following:
a) Quoter’s Nameb) FSS 70 Contract Numberc) FSS 70 Contract Period of Performanced) DUNS Numbere) Cage Codef) Addressg) Point of Contact for Quote to include Name, Phone Number, and Email Addressh) Primary Point of Contact for BPA Administration to include Name, Phone Number, and
Email Address (Reference Section 2.13)i) Alternate Point of Contact for BPA Administration to include Name, Phone Number, and
Email Address (Reference Section 2.13)j) Identification of any Contractor Teaming Arrangements (CTAs) and/or Subcontracting
Arrangements, if applicable
5.4 Volume I: Technical
The quoter shall prepare and submit a technical volume in accordance with the RFQ.
Large sheets (i.e., greater than 8 ½ by 11 inch) shall count as two pages. Quoters shall not exceed the page limitations set forth in Table 5-4.
Quoters shall provide their quotes in accordance with the Microsoft/Federal Government standard terminology and descriptions.
Quoters shall submit a concise executive summary of the entire quote and a highlight of any key or unique features, excluding price. The relevant features should be addressed in the quoter’s response to the evaluation/subfactors. Any summary material presented here shall not be considered as meeting the requirements for any other part or section of the quote. Each quoter shall state that the quote is valid for 120 calendar days from the date specified for quote submission.
The executive summary shall identify whether the quoter is a small business, small-disadvantaged business, 8(a) business, woman-owned small business, HUBZone small business, veteran-owned small business, service-disabled veteran owned small business, as well as federally recognized Native American tribes or tribal organizations. Provide the name, title,
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telephone number, fax number, and e-mail address for the individual authorized/designated to obligate the quoter.
5.4.1 Microsoft Open License Government Estimated Retail Price List
For BPA administration purposes, the quoter shall submit a copy of the Microsoft Open License Government Estimated Retail Price List that is current at the time of quote submission.
5.4.2 Subfactor 1 – License Agreement
The quoter shall submit its License Agreement as specified in Section 3.5. The License Agreement shall be compliant with the terms and conditions set forth in this RFQ.
5.4.3 Subfactor 2 – License Agreement Crosswalk
The quoter shall state that it shall comply with each requirement in Section 3.5 of the RFQ, throughout its performance of the BPA and all subsequent orders, by completing the tabs “License Agreement Requirements” and “Enterprise License Agreement” in the License Agreement Requirements Crosswalk found in Section Error: Reference source not found. For the License Agreement Requirements tab, the quoter shall complete columns C and D (if applicable). For the Enterprise License Agreement tab, the quoter shall complete columns D, E, F, and G (if applicable). The response shall not exceed the page limitation set forth in Table 5-4.
5.4.4 Subfactor 3 – Section 508 Compliance Statement
The quoter’s written quote shall include a statement indicating its capability to comply with Section 508 requirements as stated in Section 3.7 throughout its performance of the BPA and all subsequent orders. The quoter shall identify all products and services quoted, identify the technical standards applicable to all products and services quoted, and state the degree of compliance with the applicable standards. The quoter shall clearly indicate where the information pertaining to Section 508 compliance can be found (e.g., quoter’s exact website URL). Additionally, the quoter shall describe how it will provide updates and notifications of any changes to the Section 508 status of any awarded products throughout the period of performance of the BPA and all subsequent orders. The quoter shall ensure that the list of Section 508 products is easily accessible by typical users beginning at time of award.
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5.4.5 Subfactor 4 – BPA Compliance Statement
The quoter’s written quote shall include a statement indicating its capability to comply, throughout its performance of the BPA and all subsequent orders, with the requirements described in the following RFQ Sections:
a) Administration (Section 2)b) Program Management Support (Section 3.3)c) Milestones and Deliverables (Section 3.4)d) ISO/IEC 19770-2 and 19770-3, Software Tagging Standards (Section 3.8)e) Compliance with IPv6 in Acquiring IT(Section 3.9)f) Software Quality Control (Section 3.10)g) Terms and Conditions (Section 4)
The quoter shall complete and sign the BPA Compliance Statement (see Section 7.9). The response shall not exceed the page limitation set forth in Table 5-4.
5.4.6 Subfactor 5 – Required Software and Services CLIN Non-Price Workbook
The quoter shall complete the Required Software and Services CLIN Pricing Workbook (see Section Error: Reference source not found) as outlined in Section 5.5.1. Once the Required Software and Services CLIN Pricing Workbook is complete, the quoter shall copy columns A- G to the Required Software and Services CLIN Non-Price Workbook (See Section Error: Referencesource not found) for each tab.
The quoter shall not provide any pricing information in the Required Software and Services CLIN Non-Price Workbook.
The quoter shall not provide any pricing information in the non-price CLIN workbook.
The quoter shall provide all of the required software and services:
Table 5-6 Required CLIN Lots
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CLIN Lot Required Desired
CLIN Lot 1 1.1 - Required Enterprise Software CLINs 1.3 Required Additional Product CLINs
1.2 Other Enterprise Software CLINs 1.4 Other Additional Product CLINs
CLIN Lot 2 2.1 - Required Enterprise Software CLINs 2.3 Required Additional Product CLINs
2.2 Other Enterprise Software CLINs 2.4 Other Additional Product CLINs
CLIN Lot 3 All
CLIN Lot 4 All
CLIN Lot 5 All
CLIN Lot 6 All
CLIN Lot 7 All
The quoter shall provide sufficient explanation for any discrepancies between the RFQ CLIN structure and the quote. Any explanation should be entered for the appropriate CLIN(s) in Column H in the Required Software and Services CLIN Pricing Workbook. No comments shall be entered into the Required Software and Services CLIN Pricing Workbook.
5.4.7 Subfactor 6 – BPA Holder Website
The quoter’s written quote shall include a statement and description of capabilities detailing how the quoter will fulfill the requirements stated in Section 3.3.5. The statement shall, at a minimum, describe how the quoter will:
a) Fulfill the requirements for the website availability as stated in Section 3.3.5.1b) Fulfill the requirements for the website Section 508 Compliance as stated in Section
3.3.5.2c) Fulfill the requirements for the home page as stated in Section 3.3.5.3d) Fulfill the requirements for secure online order tracking as stated in Section 3.3.5.4e) Fulfill the requirements for secure license tracking as stated in Section 3.3.5.5f) Fulfill the requirements for the posting of Quarterly Report of Sales as stated in Section
3.3.5.6g) Fulfill the requirements for secure ordering as stated in Section 3.3.5.7
The response shall not exceed the page limitation set forth in Table 5-4.
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5.4.8 Subfactor 7 – Socioeconomic Status
The NAICS code is 511210 – Software Publishers and the small business size standard is $25M. Quoters shall state their size status (if a Contractor Teaming Arrangement (CTA), the quoters shall state the size status of each of the team members). Although large businesses will also be considered, it is the policy of the Federal Government to encourage the full participation of small businesses in the procurement process. In order to maximize small business participation, GSA seeks qualified small businesses, including CTAs, and participants in GSA’s Mentor-Protégé Program. In the event of participation in the Mentor-Protégé Program, the quoter shall demonstrate participation by submitting a copy of its Mentor Protégé Agreement.
5.4.9 Subfactor 8 – Additional Software and Services CLIN Non-Price Workbook – CLIN Lot 8 Premier Support Services (Optional)
If the quoter decides to quote Premier Support Services, the quoter shall complete the CLIN Lot 8 (Premier Support) tab in the Additional Software and Services CLIN Pricing Workbook (see Section Error: Reference source not found) as outlined in section 5.5.2.
The quoter shall only quote services that are within the scope of the RFQ (refer to Section 3.1), within the scope of the Limited Sources Justification (see Section Error: Reference source not found), and under the solicited SINs (132-32, 132-33, 132-34, 132-50, 132-51). Any quoted services that are outside the scope of the solicitation will not be awarded.
Once the CLIN Lot 8 (Premier Support) tab in the Additional Software and Services CLIN Pricing Workbook is complete, the quoter shall copy columns A- G to the CLIN Lot 8 (Premier Support) tab in the Additional Software and Services CLIN Non-Price Workbook (see Section Error: Reference source not found).
The quoter shall not provide any pricing information in the Additional Software and Services CLIN Non-Price Workbook.
Any explanation of the item(s) being quoted or other comments should be entered for the appropriate CLIN(s) in Column H in the Additional Software and Services CLIN Non-Price Workbook only. No comments shall be entered into the Additional Software and Services CLIN Pricing Workbook.
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5.4.10 Subfactor 9 – Additional Software and Services CLIN Non-Price Workbook – CLIN Lot 9 Other Products and Services (Optional)
If the quoter decides to quote other products/services, the quoter shall complete the CLIN Lot 9 (Other Products and Services) tab in the Additional Software and Services CLIN Pricing Workbook (see Section Error: Reference source not found) as outlined in section 5.5.3.
The quoter shall only quote products/services that are within the scope of the RFQ (refer to Section 3.1), within the scope of the Limited Sources Justification (see Section Error: Reference source not found), under the solicited SINs (132-32, 132-33, 132-34, 132-50, 132-51), and not quoted under Subfactor 8. Any quoted products/services that are outside the scope of the solicitation will not be awarded.
Once the CLIN Lot 9 (Other Products) tab in the Additional Software and Services CLIN Pricing Workbook is complete, the quoter shall copy columns A- G to the CLIN Lot 9 (Other Products and Services) tab in the Additional Software and Services CLIN Non-Price Workbook (see Section Error: Reference source not found).
The quoter shall not provide any pricing information in the Additional Software and Services CLIN Non-Price Workbook.
Any explanation of the item(s) being quoted or other comments should be entered for the appropriate CLIN(s) in Column H in the Additional Software and Services CLIN Non-Price Workbook only. No comments shall be entered into the Additional Software and Services CLIN Pricing Workbook.
5.5 Volume II: Price
The quoter shall prepare and submit a price quote in accordance with the RFQ.
5.5.1 Section A – Required Software and Services CLIN Pricing Workbook
The quoter shall quote prices for the following software and services in the Required Software and Services CLIN Pricing Workbook (see Section Error: Reference source not found).
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Table 5-7 Required CLIN Lots
CLIN Lot Required Desired
CLIN Lot 1 1.1 Required Enterprise Software CLINs 1.3 Required Additional Product CLINs
1.2 Other Enterprise Software CLINs 1.4 Other Additional Product CLINs
CLIN Lot 2 2.1 Required Enterprise Software CLINs 2.3 Required Additional Product CLINs
2.2 Other Enterprise Software CLINs 2.4 Other Additional Product CLINs
CLIN Lot 3 All
CLIN Lot 4 All
CLIN Lot 5 All
CLIN Lot 6 All
CLIN Lot 7 All
The quoter shall complete the following columns in the Required Software and Services CLIN Pricing Workbook in the tabs for CLIN Lot 1, CLIN Lot 3, CLIN Lot 5, and CLIN Lot 7:
Column A – SINColumn C – GSA Schedule Part NumberColumn D – Quoter Part NumberColumn E – Plain Language DescriptionColumn F – Microsoft Product DescriptionColumn G – Microsoft Product DescriptionColumn I – Open License Government Estimated Retail PriceColumn J – Quoter’s Schedule 70 Unit Price (Including Fees)Column K – Quoted SmartBUY BPA Unit Price (Include Fees)
All quoted software and services must be on the contractor’s and/or teaming partner’s FSS 70 contract(s). The prices quoted in Column J – “Quoter’s Schedule 70 Unit Price” shall include the IFF. The prices quoted in Column K – “Quoted SmartBUY BPA Unit Price” shall include the IFF and SmartBUY strategic sourcing program funding fees as specified in Section 2.9.
The CLIN Pricing Workbook will automatically compute Column L – “Proposed Annual Discount (%) vs. Schedule 70)”. This column will be used to determine the discount being
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quoted from the FSS 70 prices. At no time shall the quoter’s prices exceed the established prices from the quoter’s underlying FSS 70 contract. The quoter shall submit one price per CLIN for each year of the period of performance unless specified otherwise.
The quoter shall complete the following columns in the Required Software and Services CLIN Pricing Workbook in the tabs for CLIN Lot 2, CLIN Lot 4 and CLIN Lot 6:
Column A – SINColumn C – GSA Schedule Part NumberColumn D – Quoter Part NumberColumn E – Plain Language DescriptionColumn F – Microsoft Product DescriptionColumn G – Microsoft Product DescriptionColumn I – Quoted SmartBUY BPA True Up Price – Year OneColumn K – Quoted SmartBUY BPA True Up Price – Year TwoColumn M – Quoted SmartBUY BPA True Up Price – Year ThreeColumn O – Quoted SmartBUY BPA True Up Price – Year FourColumn Q – Quoted SmartBUY BPA True Up Price – Year Five
All quoted software and services must be on the contractor’s and/or teaming partner’s FSS 70 contract(s). The prices quoted in Columns I, K, M, O and Q shall include the IFF and SmartBUY strategic sourcing program funding fees as specified in Section 2.9.
The aggregate anticipated participation of committed agencies in this effort should result in pricing that is more competitive than that which would be quoted to a single agency. To this end, the Government strongly encourages quoters to quote BPA prices that are lower than pricing offered to any other Federal Government agency. The Government reserves the right to establish BPAs without further communications with the quoters; as such, there may be no additional opportunity for quoters to revise BPA pricing submissions or to quote further discounts prior to BPA awards.
If the quoter does not quote any of the required software and services listed in Table 5-7 Required CLIN Lots, each exception shall be identified on the appropriate Contract Line Item Number (CLIN) in Column H of the Required Software and Services CLIN Non-Price Workbook as outlined in Section 5.4.6. No comments shall be entered into the Required Software and Services CLIN Pricing Workbook.
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5.5.2 Section B – Additional Software and Services CLIN Pricing Workbook – CLIN Lot 8 Premier Support (Optional)
The quoter shall quote services and prices for the Microsoft Premier Support Services in CLIN Lot 8 (Premier Support) tab of the Additional Software and Services CLIN Pricing Workbook (see Section 7.5). The quoter shall complete the following columns in the CLIN Lot 8 (Premier Support) tab:
Column A – SINColumn C – GSA Schedule Part NumberColumn D – Quoter Part NumberColumn E – Plain Language DescriptionColumn F – Microsoft Product DescriptionColumn G – Microsoft Product DescriptionColumn I – Open License Government Estimated Retail PriceColumn J – Quoter’s Schedule 70 Unit Price (Including Fees)Column K – Quoted SmartBUY BPA Unit Price (Include Fees)
All quoted software and services must be on the contractor’s and/or teaming partner’s FSS 70 contract(s). The prices quoted in Column J – “Quoter’s Schedule 70 Unit Price” shall include the IFF. The prices quoted in Column K – “Quoted SmartBUY BPA Unit Price” shall include the IFF and SmartBUY strategic sourcing program funding fees as specified in Section 2.9.
The CLIN Pricing Workbook will automatically compute Column L – “Quoted Annual Discount (%) vs. Schedule 70)”. This column will be used to determine the discount being quoted from the FSS 70 prices. At no time shall the quoter’s prices exceed the established prices from the quoter’s underlying FSS 70 contract. The quoter shall submit one price per CLIN for each year of the period of performance unless specified otherwise.
The aggregate anticipated participation of committed agencies in this effort should result in pricing that is more competitive than that which would be quoted to a single agency. To this end, the Government strongly encourages quoters to quote BPA prices that are lower than pricing offered to any other Federal Government agency. The Government reserves the right to establish BPAs without further communications with the quoters; as such, there may be no additional opportunity for quoters to revise BPA pricing submissions or to quote further discounts prior to BPA awards.
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5.5.3 Section C – Additional Software and Services CLIN Pricing Workbook – CLIN Lot 9 Other Products (Optional)
The quoter shall quote prices for all additional software and services quoted in Subfactor 9 – Additional Software and Services CLIN Non-Price Workbook – CLIN Lot 9 Other Products (Optional) of the Technical Quote. The quoter shall quote prices for the additional software and services in CLIN Lot 9 (Other Products) tab of the Additional Software and Services CLIN Pricing Workbook (see Section 7.5). The quoter shall complete the following columns in the CLIN Lot 9 (Other Products) tab:
Column A – SINColumn C – GSA Schedule Part NumberColumn D – Quoter Part NumberColumn E – Plain Language DescriptionColumn F – Microsoft Product DescriptionColumn G – Microsoft Product DescriptionColumn I – Open License Government Estimated Retail PriceColumn J – Quoter’s Schedule 70 Unit Price (Including Fees)Column K – Quoted SmartBUY BPA Unit Price (Including Fees)
All quoted software and services must be on the contractor’s and/or teaming partner’s FSS 70 contract(s). The prices quoted in Column J – “Quoter’s Schedule 70 Unit Price” shall include the IFF. The prices quoted in Column K – “Quoted SmartBUY BPA Unit Price” shall include the IFF and SmartBUY strategic sourcing program funding fees as specified in Section 2.9.
The CLIN Pricing Workbook will automatically compute Column L – “Quoted Annual Discount (%) vs. Schedule 70)”. This column will be used to determine the discount being quoted from the FSS 70 prices. At no time shall the quoter’s prices exceed the established prices from the quoter’s underlying FSS 70 contract. The quoter shall submit one price per CLIN for each year of the period of performance unless specified otherwise.
The aggregate anticipated participation of committed agencies in this effort should result in pricing that is more competitive than that which would be quoted to a single agency. To this end, the Government strongly encourages quoters to quote BPA prices that are lower than pricing offered to any other Federal Government agency. The Government reserves the right to establish BPAs without further communications with the quoters; as such, there may be no additional opportunity for quoters to revise BPA pricing submissions or to quote further discounts prior to BPA awards.
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5.5.4 Section D – FSS 70 Pricelist
The quoter shall submit a copy of its company’s current FSS 70 pricelist. If a teaming arrangement is quoted, each teaming partner shall provide a copy of its applicable FSS 70 pricelist. All quoted software and services CLINs must be on the quoter’s and/or teaming partner’s FSS 70 pricelist(s).
5.5.5 Section E – Contractor Team Arrangement Document
A GSA Schedule Contractor Team Arrangement (CTA) is an arrangement between two or more GSA Schedule contractors to work together to meet agency requirements. Together they are able to quote a total solution to the customer agency that they might not have been able to quote independently. For more information, see http://www.gsa.gov/contractorteamarrangements .
CTAs are permissible under this RFQ and shall be specifically identified as such. Quoters shall submit a copy of the CTA document if quoting a CTA. This document shall address the items listed under “Elements of a CTA Document” which is accessible through the link http://www.gsa.gov/contractorteamarrangements.
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Contractor Team members shall be listed in the following format, rows added as required:
Table 5-8 Contractor Team Members
Identifier Number
Team Member RoleSocio-
economic Status
Schedule 70 Contract Number
1 Quoter Lead
2
3
As found in “Elements of a CTA Document”, the quoter shall provide the following required elements in the CTA document:
a) Identification of Parties: The CTA should be documented in writing and signed by each participating GSA Schedule contractor. Each CTA team member should be identified by name, address, GSA Schedule contract number, telephone number, point of contact and socioeconomic size status. If the team leader is going to change during the order performance period, the CTA should explain and indicate how the team lead will be designated. It should state the name and address of the ordering activity and identify the primary ordering activity points of contact for specific needs. The CTA document should state that it is an agreement solely between the team members, and that it cannot conflict with the terms and conditions of each team member’s GSA Schedule contract.
b) Specific Team Activities: This element of the CTA document should state the types of activities that are incorporated into the team arrangement and identify who is primarily responsible for each identified activity. The CTA document should specify and describe the duties of each team member.
c) Duration of Arrangement: The duration of the team arrangement should be specified, including any options and how the options will work.
d) Terms of Arrangement: The terms of the CTA should define the entire course of the project, specifying the duration, the responsibilities of each team member, and any limitations on those responsibilities. It should also specify who receives and pays any team management fees.
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e) Team Ordering Procedures: This element of the CTA should list the supplies/services and pricing, including any team lead fees, if applicable, and note that all prices charged to the Government are at or below GSA Schedule contract prices.
f) Responsibilities of Team Lead: This element should outline and specify the duties of the designated team lead at each phase of the project.
g) Responsibilities of Team Members: The CTA document should specify and describe the duties of each team member.
h) Independent Contractors: The agreement should state that all team members remain independent contractors, responsible for their own employees.
i) Delivery Responsibilities: The CTA document should state whether the team lead or each team member is responsible for a particular part of the project so that delivery responsibility is clearly established.
j) Invoicing and Payment: The agreement should designate team responsibilities for invoicing and payment. One team member shall submit an invoice on behalf of all team members and shall be responsible for paying each team member. The CTA should clearly indicate which team member will handle invoicing and payment and that all team members agree to this method of payment. The CTA should also acknowledge that the team members, without any involvement by the Government, will resolve any dispute involving the distribution of payment between the team leader and the team members.
k) Reporting of Sales and Industrial Funding Fee (IFF) Payment Responsibility: The document should specify that each contractor is responsible for reporting his/her own sales under its Schedule contract and paying the related IFF to GSA. Each team member will track sales all the way through the system by contract number to respond to the IFF reporting requirements.
l) Warranties: The CTA document should designate team warranty responsibilities, such as who the ordering activity should contact with warranty issues, what documents will be required for a warranty claim, who will correct deficiencies covered by warranty, and how warranty compensation will be managed within the team.
m) Liabilities: The CTA document should address each team member’s responsibilities and performance requirements so that liability is clearly established.
n) Confidentiality Information: The CTA document should identify any proprietary information and specify how this proprietary information and related rights will be managed.
o) Replacement of Team Members: The circumstances and procedures for replacement of team members should be addressed, including the team leader. The CTA should also
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state that the team must obtain the approval of the ordering activity prior to replacing any team member after receipt of an order.
p) Legal Relationship: The CTA document should not create a joint venture or separate subsidiary.
5.5.6 Section F – Assumptions (if applicable)
The quoter shall submit any assumptions upon which the quote is based. All deviations or conditional assumptions taken with respect to the instructions or requirements must be supported by sufficient amplification/rationale and will be evaluated in accordance with the factor/subfactor to which it relates.
5.6 Volume III: Past Performance Questionnaire
Past Performance refers to relevant information regarding a company’s performance under active or previously awarded contracts. The quoter shall follow instructions and submit the Past Performance Questionnaire (see Section 7.8) for its largest three customers for either ongoing Microsoft contracts or past Microsoft contracts provided within the past 2 years. The quoter will be provided an opportunity to respond to any negative performance information received. The quoter should ensure that all of the references are aware that they may be contacted.
All ‘other than small business’ quoters shall submit a copy of their approved FSS 70 Subcontracting Plan and their latest annual Summary Subcontracting Report (SSR). The Government may review other reports in the Electronic Subcontract Reporting System (eSRS.gov) to measure actual small business participation.
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6 Evaluation for Award
6.1 General Instructions
Quotes will be evaluated based on Factor 1 - Technical, Factor 2 - Past Performance, and Price. Failure to provide the information required to evaluate the quote may result in its rejection. The Government will award BPAs based on best value to the Government, price, and other factors considered.
The quotes will be evaluated in accordance with the criteria described in Section 6. An “unacceptable” overall rating in Factor 1 - Technical or Factor 2 - Past Performance will result in an “unacceptable” overall non-price rating.
Each quoter's Price quote will be evaluated separately from its Technical and Past Performance quotes.
The Government reserves the right to have communications with some quoters without having communications with all. The Government reserves the right to have communications with quoters without establishment of a competitive range. If the Government does have discussions where quote revisions are expected, the Government reserves the right to limit the group of quoters for administrative convenience, to those most highly rated.
6.2 Technical Quote Evaluation
The objective of the evaluation is to competitively select quotes that meet or exceed the requirements in RFQ Section 3 and represent the best value to the Government. This will allow the Government to effectively administer the BPAs and resulting orders.
a. The quotes will be evaluated based upon the following evaluation factors:
1) Price2) Non-Price: Factor 1 - Technical3) Non-Price: Factor 2 - Past Performance
b. Non-price factors when combined are less important than Price. Factor 1 - Technical is more important than Factor 2 - Past Performance.
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c. Quotes shall set forth full, accurate, and complete information as required by the solicitation. The penalty for making false statements in quotes is prescribed in 18 U.S.C. 1001.
Awards will be made in accordance with FAR Subpart 8.4; formal debriefings will not be conducted. In accordance with FAR 8.405-2(d), a brief explanation of the basis for the award decision will be provided upon request.
The Government will evaluate technical quotes based on the following subfactors:
a) Subfactor 6: BPA Holder Website (RFQ Section 5.4.7)b) Subfactor 1: License Agreement (RFQ Section 5.4.2) c) Subfactor 2: License Agreement Crosswalk (RFQ Section 5.4.3) d) Subfactor 5: Required Software and Services Description (RFQ Section 5.4.6)e) Subfactor 7: Socioeconomic Status (RFQ Section 5.4.8)f) Subfactor 8: Additional Software and Services CLIN Non-Price Workbook – CLIN Lot
8 Premier Support Services (Optional) (RFQ Section 5.4.9) g) Subfactor 3: Section 508 Compliance Statement (RFQ Section 5.4.4) h) Subfactor 4: BPA Compliance Statement (RFQ Section 5.4.5) i) Subfactor 9: Additional Software and Services CLIN Non-Price Workbook – CLIN Lot
9 Other Products (Optional) (RFQ Section Error: Reference source not found)
The technical quote evaluation subfactors listed above are in descending order of importance. Subfactors 1, 2, and 5 are weighted equally. Subfactors 7 and 8 are weighted equally. Subfactors 3, 4, and 9 are weighted equally.
All technical assumptions will be evaluated in the context of the technical factor/subfactor to which they apply.
The following provides a description for each of the evaluation factors and their corresponding subfactors.
6.2.1 Subfactor 1: License Agreement
The License Agreement will be evaluated based on the degree to which it complies with the terms and conditions, as set forth in Section 3.5. Quoters that do not submit a License Agreement as required in Section 3.5 will receive an “unacceptable” rating.
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6.2.2 Subfactor 2: License Agreement Crosswalk
The quote will be evaluated based on the degree to which the License Agreement Crosswalk complies with the requirements, as set forth in Sections 3.5 and 5.4.3. For the License Agreement Requirements tab, any quoter that does not agree to the cited requirements without adequate justification shall receive an "unacceptable" rating. For the Enterprise License Agreement tab, any quote that does not include the EA terms in Column C and/or provide adequate justification for their exclusion shall receive an "unacceptable" rating. Any quote that fails to comply with the requirements in the License Agreement Crosswalk will receive an “unacceptable” rating.
6.2.3 Subfactor 3: Section 508 Compliance Statement
The quote will be evaluated based on the degree to which the Section 508 Compliance Statement complies with the requirements, as set forth in Sections 3.7 and 5.4.4. The quote will be evaluated based on whether it:
Includes a statement indicating its capability to comply with Section 508 requirements as stated in Section 3.7 throughout its performance of the BPA and all subsequent orders.
Identifies the technical standards applicable to all products and services quoted and states the degree of compliance with the applicable standards
Indicates where the information pertaining to Section 508 compliance can be found (e.g., quoter’s exact website URL)
Describes how it will provide updates and notifications of any changes to the Section 508 status of any awarded products throughout the period of performance of the BPA and all subsequent orders.
6.2.4 Subfactor 4: BPA Compliance Statement
The quote will be evaluated based on the inclusion of the signed, completed BPA Compliance Statement indicating that the quoter shall comply with the requirements, described in RFQ Sections 2, 3.3, 3.4, 3.8,3.9, 3.10, and 4 throughout the period of performance of the BPA and all subsequent orders, as set forth in Section 5.4.5. Any quote that does not include a signed, completed BPA Compliance Statement will receive an “unacceptable” rating for this subfactor.
6.2.5 Subfactor 5: Required Software and Services CLIN Non-Price Workbook
The quote will be evaluated based on the degree to which it meets the requirements set forth in Section 5.4.6. Quotes that contain all of the required and desired software and services as listed
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in Section 5.4.6 will receive the highest rating for this subfactor. The Government will evaluate the quoter’s explanation for any discrepancies between the RFQ CLIN structure and the quote. Quotes that do not contain all of the required software and services in the CLIN lots listed below will receive a rating of “unacceptable” for this subfactor:
1. CLIN Lot 1.1 – Required Enterprise Software CLINs2. CLIN Lot 1.3 – Required Additional Product CLINs 3. CLIN Lot 2.1 – Required Enterprise Software CLINs4. CLIN Lot 2.3 – Required Additional Product CLINs5. CLIN Lot 36. CLIN Lot 47. CLIN Lot 58. CLIN Lot 69. CLIN Lot 7
6.2.6 Subfactor 6: BPA Holder Website
The quote will be evaluated based on the degree to which it meets the requirements set forth in Section 5.4.7. Specifically, the Government will evaluate the quoter’s capability to:
Fulfill the requirements for the website availability as stated in Section 3.3.5.1 (Required) Fulfill the requirements for the website Section 508 Compliance as stated in Section
3.3.5.2 (Required) Fulfill the requirements for the home page as stated in Section 3.3.5.3 (Required) Fulfill the requirements for secure online order tracking as stated in Section 3.3.5.4
(Required) Fulfill the requirements for secure license tracking as stated in Section 3.3.5.5 (Required) Fulfill the requirements for the posting of Quarterly Report of Sales as stated in Section
3.3.5.6 (Required) Optionally fulfill the requirements for secure ordering as stated in Section 3.3.5.7
(Optional)
Quoters that can provide secure ordering will rate higher than those that do not.
6.2.7 Subfactor 7: Socioeconomic Status
A strong preference for small business participation is sought for this procurement. Quotes from small businesses, to include small business prime contractors participating in GSA’s Mentor-Protégé Program, will receive the maximum for the socioeconomic evaluation subfactor. In the
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case of CTAs, all team members must be small businesses in order for the quote to receive the maximum for the socioeconomic evaluation subfactor. The next highest rating will be given to CTAs with one or more small business team members and to ‘other than small business’ quoters who have a Mentor Protégé Agreement. In the event of participation in GSA’s Mentor-Protégé Program, the quoter must demonstrate participation by submitting a copy of its Mentor Protégé Agreement. Quoters with an ‘other than small business’ designation and that are not part of the Mentor Protégé Program will receive the lowest rating for the socioeconomic evaluation subfactor.
The Government will compare the quoter’s self-certification against what is designated for the contractor within the System for Award Management (sam.gov) and in the event of a conflict, may refer any final small business determinations to the Small Business Administration. If the size status listed in sam.gov under representations and certifications is different than the size status in the FSS 70 contract, this difference should be explained in narrative form.
6.2.8 Subfactor 8: Additional Software and Services CLIN Non-Price Workbook – CLIN Lot 8 Premier Support (Optional)
The quote will be evaluated based on the degree to which it meets the requirements set forth in Section 5.4.9. The Government will evaluate the quoter’s Microsoft Premier Support Services based on the following:
Quoted software and services are within the scope of the categories defined in Section 3.1. Quoted services not within scope of the solicitation will not be awarded.
Columns A, C, D, E, F, G, I, J and K as described in Section 5.5.2 are populated for each quoted additional service.
Quoters who quote services that demonstrate a substantial value to the Government will receive a higher rating than those who do not. Quoters who quote premier support services will receive a higher rating than those who do not quote any premier support services. Quoted services that are not within the scope of the solicitation will not be awarded.
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6.2.9 Subfactor 9: Additional Software and Services CLIN Non-Price Workbook – CLIN Lot 9 Other Products and Services (Optional)
The quote will be evaluated based on the degree to which it meets the requirements set forth in Section 5.4.10. The Government will evaluate the quoter’s additional products/services based on the following:
Quoted products/services are within the scope of the categories defined in Section 3.1. Quoted products/services not within scope of the solicitation will not be awarded.
Columns A, C, D, E, F, G, I, J and K as described in Section 5.5.3 are populated for each quoted additional product/service.
Quoters who quote a mix of products/services that demonstrate a substantial value to the Government will rate higher than those who do not. Quoters who quote additional products/services will receive a higher rating that those who do not quote any additional products/services.
6.3 Price Quote Evaluation
The price quote will be evaluated to determine price reasonableness based upon existing pricing and quoted discounts.
6.3.1 Section A – Required Software and Services CLIN Pricing Workbook
The quote will be evaluated based on the degree to which it meets the requirements set forth in Section 5.5.1. The Government will evaluate the prices and discounts quoted in the Required Software and Services CLIN Pricing Workbook (Section 7.3). At no time shall the quoter’s price exceed the established prices on the quoter’s underlying FSS 70 contract.
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The Government has developed a market basket that it will utilize as part of its price evaluation. The market basket is in the Required Software and Services CLIN Pricing Workbook, CLIN Lot 1 (EA-Base) tab, Column H. For evaluation purposes only, the market basket contains estimated volumes for CLINs expected to represent the highest sales demand. The market basket is purely for estimating purposes only, and does not commit the Government in anyway. This market basket will be used to determine price competitiveness by calculating a Total Evaluated Price. Quoters are advised that all quoted prices will be subject to price analysis, regardless of whether they are included in the market basket.
6.3.2 Section B – Additional Software and Services CLIN Pricing Workbook – CLIN Lot 8 Premier Support (Optional)
The quote will be evaluated based on the degree to which it meets the requirements set forth in Section 5.5.2. The Government will evaluate the prices and discounts quoted in the tab CLIN Lot 8 (Premier Support) of the Additional Software and Services CLIN Pricing Workbook (see Section 7.5). At no time shall the quoter’s price exceed the established prices on the quoter’s underlying FSS 70 contract. Quoters are advised that all quoted prices will be subject to price analysis.
6.3.3 Section C – Additional Software and Services CLIN Pricing Workbook – CLIN Lot 9 Other Products (Optional)
The quote will be evaluated based on the degree to which it meets the requirements set forth in Section 5.5.3. The Government will evaluate the prices and discounts quoted in the tab CLIN Lot 9 (Other Products) of the Attachment 05 - Additional Software and Services CLIN Pricing Workbook (see Section 7.5). At no time shall the quoter’s price exceed the established prices on the quoter’s underlying FSS 70 contract. Quoters are advised that all quoted prices will be subject to price analysis.
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6.3.4 Section D - FSS 70 Pricelist
The FSS 70 Pricelist will be used to verify that all quoted software and services are on the quoter’s FSS 70 contract and /or teaming partner’s FSS 70 contract. The FSS 70 Pricelist will also be used to verify the FSS 70 prices quoted in the Required Software and Services CLIN Pricing Workbook (Section 7.3) and Additional Software and Services CLIN Pricing Workbook (Section 7.5).
6.3.5 Section E - CTAs Supporting Documentation (if applicable)
The quote will be evaluated based on the degree to which it meets the requirements set forth in Section 5.5.5. The CTA quotes shall be evaluated the same as any other quotes. The Government will evaluate the acceptability of any teaming arrangement as part of its evaluation of price.
6.3.6 Section F - Assumptions (if applicable)
Quoter assumptions (RFQ Section 5.5.6) will be reviewed in the context of the factor/subfactor to which it applies.
6.4 Past Performance Evaluation
The Government will evaluate information from the Past Performance Information Retrieval System (PPIRS) on similar efforts and the results of the Past Performance Questionnaire in Section 5.6. The Government will consider this information, as well as information obtained from any other sources.
As part of the evaluation for ‘other than small business’ quoters, the Government will also evaluate the aggressiveness of the contractor’s FSS 70 Subcontracting Plan goals and the contractor’s subcontracting achievements under its latest annual subcontracting report. If no past performance information is available in regards to meeting subcontracting goals, a quoter will be given a “Neutral” rating for achievement of subcontracting plan goals.
Evaluation of past performance will be a subjective assessment based on the consideration of all relevant facts and circumstances. The Government is seeking to determine whether the quoter has consistently demonstrated a commitment to customer satisfaction and timely delivery of quality goods and services while controlling contract costs. An evaluation of unacceptable past performance will be considered an indication of the quoter’s inability to meet the requirements.
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6.5 Use of Outside Contractors
The Government intends to use an unbiased and conflict-free outside contractor to assist in loading of quotes and providing technical support for a commercial-off-the-shelf (COTS) provided automated evaluation tool. The contractor will have access to any and all information contained in vendor quotes and will be subject to appropriate conflict of interest, standards of conduct, and confidentiality restrictions. Each outside contractor will be required to sign an appropriate Conflict of Interest Acknowledgement and Nondisclosure Agreement prior to accessing any quotes.
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7 Attachments
7.1 Attachment 1 – Limited Sources Justification
See attached file:
FSSI SmartBUY-MS BPA-03- Attachment 01- Limited Sources Justification.docx
7.2 Attachment 2 – Report of Sales
See attached file:
FSSI SmartBUY-MS BPA-04- Attachment 02- Report of Sales.xlsm
7.3 Attachment 3 – Required Software and Services CLIN Pricing Workbook
See attached file:
FSSI SmartBUY-MS BPA-05- Attachment 03- Required Software and Services CLIN Pricing Workbook.xlsm
7.4 Attachment 4 – Required Software and Services CLIN Non-Price Workbook
See attached file:
FSSI SmartBUY-MS BPA-06- Attachment 04- Required Software and Services CLIN Non-Price Workbook.xlsm
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7.5 Attachment 5 – Additional Software and Services CLIN Pricing Workbook
See attached file:
FSSI SmartBUY-MS BPA-07- Attachment 05- Additional Software and Services CLIN Pricing Workbook.xlsm
7.6 Attachment 6 – Additional Software and Services CLIN Non-Price Workbook
See attached file:
FSSI SmartBUY-MS BPA-08- Attachment 06- Additional Software and Services CLIN Non-Price Workbook.xlsm
7.7 Attachment 7 – License Agreement Requirements Crosswalk
See attached file:
FSSI SmartBUY-MS BPA-09- Attachment 07- License Agreement Requirements Crosswalk.xlsm
7.8 Attachment 8 – Past Performance Questionnaire
See attached file:
FSSI SmartBUY-MS BPA-10- Attachment 08- Past Performance Questionnaire.docx
7.9 Attachment 9 – BPA Compliance Statement
See attached file:
FSSI SmartBUY-MS BPA-11- Attachment 09- BPA Compliance Statement.docx
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