Presolicitation Notice – 70– Red Hat Linux Renewals

Notice Type: Presolicitation Notice

Posted Date: 28-SEP-13

Office Address: Department of State; Office of Acquisitions; Acquisition Management; 1701 North Fort Myer Drive, Arlington, VA 22209

Subject: 70-- Red Hat Linux Renewals

Classification Code: 70 - General purpose information technology equipment

Solicitation Number: 1019335047

Contact: Name: Michael Dickson, Title: Contract Adminstrator, Phone: 7038756688, Fax: , Email: dicksonms@state.gov;

Setaside: N/AN/A

Place of Performance (address): Springfield, VA 22153

Place of Performance (zipcode): 22153

Place of Performance Country: US

Description: Department of State

Office of Acquisitions

Acquisition Management

<p>Bids are being solicited under solicitation number 1019335047. This announcement constitutes the only solicitation; bids are being requested and a written solicitation will not be issued. The solicitation is issued as an invitation for bids (IFB), unless otherwise indicated herein.If your company can provide the product/services listed on the solicitation and comply with all of the solicitation instructions, please respond to this notice. To view the specifications, please go to www.FedBid.com and reference Buy No. 568516. GSA Schedule Bids Only: Sellers bidding on this opportunity MUST have the items requested on an existing GSA Schedule. The Schedule must either be in the Seller's name or the Seller must be able to document its ability to act as an agent of a partner's Schedule. Sellers must not bid more than their applicable contract ceiling price, excluding the FedBid Fee, for contract-specific items. If FedBid receives notice that, due to inclusion of the FedBid Fee, the Selected Bid's line item pricing is higher than the Selected Seller's applicable published government contract pricing, the FedBid Fee will be reduced to ensure the Selected Bid's line item pricing does not exceed the Selected Seller's applicable contract pricing. Sellers may offer Open Market items only in accordance with the approved Terms and Conditions of their respective GSA Schedule AND upon approval from the soliciting Contracting Officer. Information regarding GSA Schedules can be found at www.GSA.gov. This requirement is unrestricted and only qualified sellers may submit bids.The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2013-09-30 11:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com.FOB Destination shall be Springfield, VA 22153 The Department of State requires the following items, Exact Match Only, to the following: LI 001: REDHAT RHEL SRV PREM SUB 1Y 1-2SOC. Part Number: RH0155783. Period of Performance: 12 months from quoted delivery date, 44, EA; LI 002: REDHAT RHEL WORKSTATION STD 1-2SKT. Part Number: RH0958488. Period of Performance: 12 months from quoted delivery date, 345, EA; LI 003: REINSTATEMENT Fee. Part Number: NEW-ITEM, 1, EA; "https://marketplace.fedbid.com/fbweb/fbobuyDetails.do token=%3D%3DwBKxmaVGYR9Wv%2Bs8HHA%2FcfQAAAAAHeAAgAgTFCGg%2FFzzqQbJAAyVXBA0Or"Solicitation and Buy Attachments ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, Department of State intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. A Seller may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. Department of State is taking this action in an effort to improve both seller access and awareness of requests and the agency's ability to gather multiple, completed, real-time bids.All responsible Sellers that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com.Sellers that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Sellers that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at clientservices@fedbid.com. Sellers may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process.Should Sellers require additional clarification, contact FedBid at 877-9FEDBID (877-933-3243) or clientservices@fedbid.com. Use of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. If this is a Brand Name Only procurement, Seller certifies that it is an authorized distributer of the brand name product being sold to the Department of State and that it has the certification/specialization level required by the manufacturer, to support both the product sale and product pricing, in accordance with applicable manufacturer certification/specialization requirements. Unless otherwise specified, Seller warrants that the products are new and in their original box(es). In addition to providing pricing at www.FedBid.com for this solicitation, each Offeror must provide any required, NON-PRICING responses (e.g. technical proposal, representations and certifications, etc.) so that they are received no later than the closing date and time for this solicitation; these can be submitted to clientservices@fedbid.com. This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to FAR 4.1102 and other applicable regulations and guidelines. Information can be found at www.sam.gov. All Bids must be valid for 30 days from the closing date for this solicitation. No exceptions or qualifications. New equipment ONLY, NO grey market or refurbished products. Items must be in original packaging, never used, and not altered in any way. Components of the requested equipment, to include memory, must be manufacturer-approved and may not be compatible, remanufactured, or refurbished equipment. All items must be covered by manufacturer s warranty and procured through a manufacturer approved distribution channel. Sellers must be able to document their ability to provide items through manufacturer approved distribution channels upon request.

The Seller confirms to have sourced all products submitted in this Bid from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturer s current applicable policies at the time of purchase. Seller must be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements. If software is provided or included, Seller shall, upon request, provide Buyer with a copy of the End User License Agreement. Seller certifies that all software is licensed originally to Buyer as the original licensee authorized to use the software. All bid prices must include shipping FOB Destination CONUS (CONtinental U.S.). No partial shipments are permitted, unless otherwise specified by Contracting Officer at time of award. The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use and become the exclusive property of the U.S Government. Furthermore, no article, book, pamphlet, email, recording, broadcast, speech television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do no cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder. A) The offeror shall provide the government, with its offer submission, written verification from the GSA schedule holder that an agreement exists that validates the offeror's right to offer the GSA schedule items on behalf of the GSA schedule holder, if other than the offeror; and, B) By proactively complying with this offer term, sellers accept that the government will make award to the GSA schedule holder only, as the sole awardee. Further, the sole awardee and only the sole awardee shall submit its invoice to the government and receive payment from the government. GSA schedule orders may include "open market" items, i.e., items not on the awardee's list of GSA schedule items, only in compliance with FAR 8.402(f). Offerors should verify in writing which items are listed on their GSA schedule contracts and which items are "open market" items. For an offer to qualify as an offer based on a GSA schedule contract, the value of "open market" items included in the offer may not exceed the applicable micro-purchase threshold as defined in FAR 2.101. In order to notate which items are open market, in accordance with FAR 8.402(f)(3), Seller must write "open market" in the Line Item Description for any item not currently active on the cited contract, or list in the Seller Bid Description field all open market line numbers (e.g. "Open Market Items: Lines 1, 2, 3.") Limited Source Justification is attached to the solicitation posted on www.fedbid.com. (a) The Department of State s Competition Advocate is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged to first contact the contracting office for the respective solicitation. If concerns remain unresolved, contact the Department of State Competition Advocate on (703) 516-1680, by fax at (703) 875-6155, or write to: U.S. Department of State, Competition Advocate, Office of the Procurement Executive (A/OPE), Suite 603, SA-6, Washington, DC 20522-0602. (b) The Department of State s Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the pre-award and post-award phases of this acquisition. The role of the ombudsman is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or Source Evaluation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of concerns, issues, disagreements, and recommendations of interested parties to the appropriate Government personnel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidentiality as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to contact the contracting activity ombudsman, [insert name], at [insert telephone and fax numbers]. For an American Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombudsman. Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the Department of State Acquisition Ombudsman at (703) 516-1680, by fax at (703) 875-6155, or write to: Department of State, Acquisition Ombudsman, Office of the Procurement Executive (A/OPE), Suite 603, SA-6, Washington, DC 20522-0602. (End of provision) (a) Definitions. As used in this provision: Foreign person means any person other than a United States person as defined below. United States person means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as provided under the Export Administration Act of 1979, as amended. (b) Certification. By submitting this offer, the offeror certifies that it is not: (1) Taking or knowingly agreeing to take any action, with respect to the boycott of Israel by Arab League countries, which Section 8(a) of the Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)) prohibits a United States person from taking; or, (2) Discriminating in the award of subcontracts on the basis of religion. (End of provision) (a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act: (1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli concern, or with any national or resident of Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country; (2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person; (3) Furnishing information with respect to the race, religion, or national origin of any U.S. person or of any owner, officer, director, or employee of such U.S. person; (4) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business concern organized under the laws of the State of Israel, with any Israeli national or resident, or with any person which is known or believed to be restricted from having any business relationship with or in Israel; (5) Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the State of Israel; and, (6) Paying, honoring, confirming, or otherwise implementing letter of credit which contains any condition or requirement against doing business with the State of Israel. (b) Under Section 8(a), the following types of activities are not forbidden compliance with the boycott , and are therefore exempted from Section 8(a) s prohibitions listed in paragraphs (a)(1) through (6) above: (1) Complying or agreeing to comply with requirements: (i) Prohibiting the import of goods or services from Israel or goods produced or services provided by any business concern organized under the laws of Israel or by nationals or residents of Israel; or, (ii) Prohibiting the shipment of goods to Israel on a carrier of Israel, or by a route other than that prescribed by the boycotting country or the recipient of the shipment; (2) Complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the name of the provider of other services, except that no information knowingly furnished or conveyed in response to such requirements may be stated in negative, blacklisting, or similar exclusionary terms, other than with respect to carriers or route of shipments as may be permitted by such regulations in order to comply with precautionary requirements protecting against war risks and confiscation; (3) Complying or agreeing to comply in the normal course of business with the unilateral and specific selection by a boycotting country, or national or resident thereof, of carriers, insurance, suppliers of services to be performed within the boycotting country or specific goods which, in the normal course of business, are identifiable by source when imported into the boycotting country; (4) Complying or agreeing to comply with the export requirements of the boycotting country relating to shipments or transshipments of exports to Israel, to any business concern of or organized under the laws of Israel, or to any national or resident of Israel; (5) Compliance by an individual or agreement by an individual to comply with the immigration or passport requirements of any country with respect to such individual or any member of such individual s family or with requests for information regarding requirements of employment of such individual within the boycotting country; and, (6) Compliance by a U.S. person resident in a foreign country or agreement by such person to comply with the laws of that country with respect to his or her activities exclusively therein, and such regulations may contain exceptions for such resident complying with the laws or regulations of that foreign country governing imports into such country of trademarked, trade named, or similarly specifically identifiable products, or components of products for his or her own use, including the performance of contractual services within that country, as may be defined by such regulations. (End of clause)

Link/URL: https://www.fbo.gov/spg/State/A-LM-AQM/A-LM-AQM/1019335047/listing.html