This is a combined synopsis/solicitation for Commercial Items in accordance with the format prescribed in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are requested and a written solicitation will not be issued. The solicitation is being issued as a Request for Quote (RFQ); solicitation number is H92244-15-T-0187, and a firm fixed price contract is contemplated. All responsible sources may submit a quote which shall be considered by the agency. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-80 effective 02 MAR 2015 and DFARS DPN 20150406 effective 06 APR 2015. This procurement is 100% small business set-aside and the associated North American Industry Classification System (NAICS) code is 334220 with a business size standard of 750 employees. The DPAS rating for this procurement is DO-C9. Sole Source Justification: The Naval Special Warfare Development Group (NSWDG) anticipates an award of a sole source firm fixed price contract (FFP) to Silent Circle LLC of 174 Waterfront St Ste 500, Oxon Hill, MD 20745 for the procurement of Silent Circle Enterprise licenses. Silent Circle LLC is the original equipment manufacturer. There are no re-sellers or distributors. The Naval Special Warfare Development Group (NSWDG) has a requirement to procure the following: Section B Schedule of Supplies and Services CLIN 0001 Silent Circle Enterprise +NA Out Circle Access (OCA) Qty: 20 EA CLIN 1001 (OPTION) Silent Circle Enterprise +NA Out Circle Access (OCA) Qty: 20 EA CLIN 2001 (OPTION) Silent Circle Enterprise +NA Out Circle Access (OCA) Qty: 20 EA CLIN 3001 (OPTION) Silent Circle Enterprise +NA Out Circle Access (OCA) Qty: 20 EA FIRM FIXED PRICE FOB DESTINATION FAR 52.204-7 System for Award Management Jul 2013 FAR 52.204-13 System for Award Management Maintenance Jul 2013 FAR 52.204-16 Commercial and Government Entity Code Reporting Nov 2014 FAR 52.209-6 Protecting the Governments Interest When Subcontracting With Contractors Debarred, Suspended or Proposed for Debarment Aug 2013 FAR 52.211-14 Notice of Priority Rating for National Defense Emergency Preparedness & Energy Program Use Apr 2008 FAR 52.212-1 Instructions to Offerors - Commercial Items Apr 2014 FAR 52.212-3 Offeror Representations and Certifications - Commercial Items Alternate I (Oct 2014) Mar 2015 FAR 52.212-4 Contract Terms and Conditions-Commercial Items Dec 2014 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items Mar 2015 FAR 52.217-7 Option for Increased Quantity - Separately Priced Line Item Mar 1989 FAR 52.219-6 Notice of Total Small Business Set-Aside Nov 2011 FAR 52.222-3 Convict Labor Jun 2003 FAR 52.222-19 Child Labor - Cooperation with Authorities and Remedies Jan 2014 FAR 52.222-21 Prohibition Of Segregated Facilities Feb 1999 FAR 52.222-26 Equal Opportunity Mar 2007 FAR 52.222-36 Affirmative Action For Workers With Disabilities Jul 2014 FAR 52.222-50 Combating Trafficking in Persons Mar 2015 FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Aug 2011 FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management Jul 2013 FAR 52.233-1 Disputes May 2014 FAR 52.233-3 Protest After Award Aug 1996 FAR 52.233-4 Applicable Law For Breach Of Contract Claim Oct 2004 FAR 52.243-1 Changes - Fixed Price Aug 1987 FAR 52.247-34 F.o.b. Destination Nov 1991 DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2011 DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights Sep 2013 DFARS 252.203-7005 Representation Relating to Compensation of Former DoD officials Nov 2011 DFARS 252.204-7003 Control of Government Personnel Work Product Apr 1992 DFARS 252.204-7004 Alt A System for Award Management Alternate A Feb 2014 DFARS 252.204-7012 Safeguarding of Unclassified Controlled Technical Information Nov 2013 DFARS 252.225-7001 Buy American and Balance of Payments Program Nov 2014 DFARS 252.225-7002 Qualifying Country Sources as Subcontractors Dec 2012 DFARS 252.232-7010 Levies on Contract Payments Dec 2006 SOFARS 5652.252-9000 Notice of Incorporation of Section K Section I 1998 CLAUSES INCORPORATED BY FULL TEXT Please note that due to character limitation, full text of the Federal Acquisition Regulation (FAR) can be accessed on the internet at http://www.farsite.hill.af.mil FAR 52.212-2 Evaluation - Commercial Items Oct 2014 FAR 52.212-3 Alt I Offeror Representations and Certifications Commercial Items (Oct 2014) - Alternate 1 Mar 2015 FAR 52.252-2 Clauses Incorporated By Reference Feb 1998 FAR 52.252-5 Authorized Deviations in Provisions Apr 1984 FAR 52.252-6 Authorized Deviations in Clauses Apr 1984 FAR 52.217-7 -- 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 1 year. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. SOFARS 5652.201-9002 Authorized Changes Only By Contracting Officer Section I (Jan 2005) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this contract. Except as specified herein, no order, statement, or conduct of Government personnel who visit the contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause in Section I. In the event the Contractor effects any change at the direction of any person other the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. The address and telephone number of the Contracting Officer is Christine Anderson, telephone (757) 862-9469. SOFARS 5652.204-9003 Disclosure of Unclassified Information and Notification Requirements for Cyber Security Breaches (2013) Section H (a) On September 21, 2001, the Department of Defense designated Headquarters US Special Operations Command (USSOCOM) a sensitive unit, as defined by Title 10 United States Code (USC) Section 130b (10 USC 130b). In keeping with this designation, unclassified information related to USSOCOM military technology acquisitions managed by USSOCOM or any of its component commands, will be designated Controlled Unclassified Information (CUI). As such, the contractor hereby unequivocally agrees that it shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document, contractor's external website, newspaper, magazine, journal, corporate annual report, etc.), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval. Furthermore, any release of information which associates USSOCOM, Special Operation Forces (SOF), or any component command with an acquisition program, contractor, or this contract is prohibited unless specifically authorized by USSOCOM. (b) Request for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The contractor shall submit the request to the Contracting Officer at least 45 days before the propose date for release for approval. No release of any restricted information shall be made without specific written authorization by the Contracting Office. (c) The protection of sensitive but unclassified data reflecting Special Operations technologies, personnel, plans, and business associations requires due diligence on the part of those in possession of such information. The application of appropriate security measures to ensure the safekeeping of USSOCOM and company proprietary data, intellectual property, and personnel data is the responsibility of all parties who have access to such information. All contractors supporting USSOCOM are required to inform the Contracting Officer within three business days of when there has been a breach or successful penetration of the contractor's network(s) or information system(s). Breaches include unauthorized intrusions of the contractor's server(s) from external parties whether through introduction of malware, hacking, the compromise of access passwords, or any other unauthorized access or compromise. Breaches also include the physical loss of storage media such and disks, hard drives, thumb drives, laptops or other devices which contain duplicates of information contained on the contractor's data systems, or the willful or accidental transmission, copying or posting of contract information which has not been specifically authorized by the Contracting Officer. Estimates of damage and mitigation strategies will be submitted to the Contracting Officer within a period following the breach specified and agreed upon by the Contractor and the Contracting Officer. (d) The Contractor shall include a similar requirement to this clause in each subcontract under this contract. Subcontractors shall submit request for authorization to release and notifications related to cyber security breaches through the prime contractor to the Contracting Officer. (e) The Contractor further understands that Title 18 USC Section 701 specifically prohibits the use of the USSOCOM emblem or logo in any medium (e.g., corporate website, marketing brochure, newspaper, magazine, etc.) unless authorized in writing by USSOCOM. Forward any request to use the USSOCOM emblem or logo through the Contracting Officer. SOFARS 5652.233-9000 Independent Review of Agency Protests (2013) Section I All protests shall be submitted through the Contracting Officer. A request for an independent review of the protest decision shall be made through the Contracting Officer to the HCD/FCO. If the HCD/FCO is the Contracting Officer, submit the request in accordance with FAR 33.103(d)(4) to: Chief of Contracting, N01K, 1636 Regulus Avenue, Virginia Beach, VA 23461-2299, Fax (757) 862-9478. Offerors must scrutinize this solicitation and ensure their proposals and submissions comply with all requirements. It is not sufficient to merely state your proposal complies with the solicitation requirements. You must clearly identify how your proposal meets ALL of the solicitation requirements. All questions concerning this procurement, either technical or contractual must be submitted in writing to the Contracting Office. No direct discussion between the technical representative and a prospective offeror will be conducted unless it is deemed necessary by the Contracting Officer. Questions shall be sent by email the following point of contact: Courtney Greco, Contract Specialist; Email address:
[email protected]. Quotes must be received no later than 10:00am Eastern Standard Time (EST) on 15 April 2015. Quotes received after this time frame shall not be considered for award. The Government will award the contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation and will be most advantageous to the Government based on best value. The prospective offeror must be registered with the System for Award Management (SAM) website at https://www.sam.gov to be considered for award. The offeror agrees to hold the prices in its quote firm for 45 calendar days from the date specified for receipt of quotes. Quotes can be faxed, emailed or mailed in the United States postal mail to NSWDG, Attn Courtney Greco, 472 Polaris Ave, Bldg 586, Virginia Beach, Virginia 23461-2299. Point of Contact for this solicitation is Courtney Greco at
[email protected] or phone (757) 862-9471 or fax to (757) 862-9478.