wolfSSL Software License

Solicitation (i) The Government is intending to negotiate and award a sole source contract to wolfSSL for the software licenses through beta.sam.gov. (ii) Solicitation Number: FA820120RCO01 This solicitation is issued as a request for quotation (RFQ). (iii) This solicitation document and incorporated provisions and clauses are in effect through Federal Acquisition Circular 2005-99, Department of Defense Federal Acquisition Regulation Supplement Publication Notice 20180629, and Air Force Acquisition Circular 2018-0525. (iv) Description of item(s) to be acquired: WolfSSL Software License CLIN Nomenclature QTY UI 0001-AA wolfSSL Product-Line Licence 1 EA 0002-AA wolfSSL – TLS 1.3 1 EA 0003-AA wolfSSL Support and Maintenance: Standard 1 EA (v) Delivery Date: 02/01/2020 (vi) Questions: (if Necessary) All questions regarding this solicitation can be sent [email protected] and [email protected] and must be received NLT 1400 MST, 10 January 2020. (vii) The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. Offers are due by 1400 MST, 17 January 2020 via electronic mail to [email protected] and [email protected]. a. Provide Cage code when submitting Bid. b. Late submissions of offers will be processed in accordance with FAR 52.212-1(f) “Late submissions, modifications, revisions, and withdrawals of offers.” c. The Government intends to award a Firm Fixed Price contract for this requirement. However, the Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. (viii) 52.212-2: Evaluation -- Commercial Items (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) Price; (ii) Technical Acceptability; Price is approximately equal to Technical Acceptability. (b) Evaluation is on Lowest Price Technically Acceptable (LPTA) basis. All offers will be evaluated on their proposed Total Price. The contract will be awarded to the company with the lowest price, and fully meets all specifications. Only the lowest priced proposal will be evaluated for technical acceptability (to be based on the specifications). The next lowest offer will only be evaluated if the aforementioned offer is not found technically acceptable (and so on). Only one award will be made under this solicitation. Award will be conducted under the provisions of FAR Part 12, Commercial Items, and FAR 13, Simplified Acquisition Procedures. Submit only written offers; oral offers will not be accepted. All firms or individuals responding must be registered with the System for Award Management (SAM). (c) To be technically acceptable all items must be TAA compliant. If your company takes exception to any of the requirements of the Bill Of Materials (BOM) or terms/conditions of this solicitation, they must be clearly identified in your quote. These will be reviewed for potential impact on your ability to successfully meet the Govrnment’s requirements. Any assumptions, conditions or exceptions which may negatively impact performance of this requirement could render the quote ineligible for award. Technical acceptability will be assessed based on items ability to comply with specification and other requirements for technical acceptability conforming in every material respect with those of this solicitation. (d) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (ix) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items Alternate I (Oct 2014), with its offer. (x) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items (Jan 2017), applies to this acquisition and a statement regarding any addenda to the clause. (xi) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (Jan 2014) OTHER FAR CLAUSES AND PROVISIONS 52.203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). 52.204-7 System for Award Management 52.204-24 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note). 52.211-16 Variation in Quantity (Apr 1984) 52.211-17 Delivery of Excess Quantity(Sep1989) 52.219-8 Utilization of Small Business Concerns (MAY 2014) (15 U.S.C. 637(d)(2) and (3). 52.222-3 Convict Labor (IAW FAR 22.202)(JUN 2003) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126). 52.222-21 Prohibition of Segregated Facilities (IAW FAR 22.810(a)(1))(FEB 1999) 52.222-26 Equal Opportunity (IAW FAR 22.810(e)) (MAR 2007) 52.222-35 Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212). 52.222-36 Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793). 52.222-37 Employment Reports on Veterans (July 2014) (38 U.S.C. 4212). 52.222-40 Notification of employees rights under the national labor relations act (DEC 2010) 52.222-41 Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). 52.222-50 Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O.13513). 52.225-1 Buy American--Supplies (May 2014) (41 U.S.C. chapter 83) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332). 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). 52.247-34 F.O.B. Destination (Nov 1991) 52.252-2 Clauses incorporated by reference 52.252-6 Authorized Deviations in clauses 252.204-7004 Alternate A, System for Award Management 252.232-7003 Electronic Submission of Payment request and Receiving reports 252.232-7006 Wide Area WorkFlow Payment instructions 252.232-7010 Levies on Contract Payments (Dec 2006) 5352.201-9101 Ombudsman (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMBC A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, the interested party may contact the Center ombudsmen, Jonna Hancy AFMC OL_H/PZC 801-777-6549, [email protected]. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU or AFISRA level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2397, facsimile number (571) 256-2431. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer (End of clause) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. As prescribed in 4.2105(a), insert the following provision: Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019) (a) Definitions. As used in this provision-- Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing-- (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Representation. The Offeror represents that-- It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. (d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer-- (1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); (2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision; (3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and (4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known). (xii) Additional Contract Requirement or Terms and Conditions: N/A (xiii) Defense Priorities and Allocations System (DPAS): N/A 52.217-7 -- Option for Increased Quantity -- Separately Priced Line Item. As prescribed in 17.208(e), insert a clause substantially the same as the following: Option for Increased Quantity -- Separately Priced Line Item (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. 52.202-1-- Definitions of Words and Terms Provisions and Clauses. 52.203-6 -- Restrictions on Subcontractor Sales to the Government 52.203-17 - Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights 52.222-50 -- Combating Trafficking in Persons 52.232-1 -- Payments. 52.232-2 -- Payments Under Fixed-Price Research and Development Contracts. (xiv) Proposal Submission Information: Offers are due by 1400 MST, 17 January 2020 via electronic mail to [email protected] and [email protected]. (xv) All questions on this requirement should be directed by email NLT 1400 MST, 10 January 2020 to: Caleb Overbaugh and SSgt Jake Hartzog at [email protected] and [email protected].