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This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional informatio... This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. This enclosure is an addendum to FAR provision 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services, which applies to this acquisition. Competitive quotes are being requested under Request for Quote (RFQ) Number N66001-22-Q-6553. The North American Industry Classification System (NAICS) code applicable to this acquisition is 511210, Software Publishers, and the Small Business (SB) size standard is $41.5 Million. ENCLOSURES (ENCL):Encl (1)JA22-271_Redacted.pdf Encl (2)Required Provisions DESCRIPTION OF REQUIREMENT Naval Information Warfare Center Pacific (NIWC Pacific) (formerly, Space and Naval Warfare Systems Center Pacific) is seeking to acquire Silver Peak software application and licenses. This is a BRAND NAME ONLY requirement (Manufacturer (MFR): Silver Peak), with no substitutions. To be considered acceptable and eligible for award, quotes must provide all of the items and quantities are identified in the following table, and shall all be for: - Required MFR: Silver Peak - Delivery Location: Electronic Delivery / Electronic Download - Period of Performance (PoP): Thirty-Six (36) Months: one (1) twelve (12) Month Base Period, and two (2) twelve (12) Month Option Years (OY) BASE PERIOD: 12 Months from Date of Award CLIN 0001: Part No. 500138-001, Description: Base Silver Peak: Virtual, 1 Gbps., 256K Flows, Qty:6 EA CLIN 0002: Part No. 300100-302, Description: Base Silver Peak: 3YR Gold License,Qty: 6 EA OY1: 12 Months from Base Period PoP End Date CLIN 0003: Part No. 500138-001, Description: OY1 - Silver Peak: Virtual, 1 Gbps., 256K Flows, Qty: 6 EA CLIN 0004: Part No. 300100-302, Description: OY1 - Silver Peak: 3YR Gold License, Qty: 6 EA OY2: 12 Months from OY1 PoP End Date CLIN 0005: Part No. 500138-001, Description: OY2 - Silver Peak: Virtual, 1 Gbps., 256K Flows, Qty: 6 EA CLIN 0006: Part No. 300100-302, Description: OY2 - Silver Peak: 3YR Gold License, Qty: 6 EA The Government is seeking Free on Board (FOB) Destination pricing to the following address: - Delivery Location:San Diego, CA 92110 - Delivery Date:No later than (NLT) seven (7) calendar days after receipt of order (ARO) OFFEROR INSTRUCTIONS The Government intends to award a Firm Fixed Price (FFP) contract resulting from this solicitation to the responsible offeror whose quotation conforming to the solicitation represents the Lowest Price Technically Acceptable (LPTA), as defined in the 'EVALUATION FACTORS FOR AWARD' section below. A complete quote must be received for consideration. Respond to each item listed below, if the response is "None" or "Not applicable," explicitly state and explain. The Government may consider quotes that fail to address or follow all instructions to be non-responsive and ineligible for contract award. A complete quote includes a response and submission to each of the following: 1.General Information Offeror Business Name, Address, Cage and DUNS Codes (ensure Representation and Certifications are up to date in SAM.gov), Business Size, Federal Tax ID, Primary Point of Contract (to include telephone and e- mail address) and provide a GSA contract number if some or all items proposed are on the GSA schedule. 2.Required Clauses and/or Provisions In order to be considered for award, the Offer agrees to submit the COMPLETED Clauses and/or Provisions identified herein, with their submission to this RFQ. [See Encl. (2)] 3.Technical Documentation a.Technical Approach or Specifications The offer must address and meet the requirements/specifications as defined under Technical Factor I below. b.Sustainable Acquisitions Information and Certification The Contractor shall comply with all sustainable acquisition policies in an effort to minimize the Government's environmental impact and deliver community benefits through better selection and improved usage of products and services. In accordance with FAR 23, sustainable acquisition policies apply to both contracts for supplies and services that require the delivery, use, or furnishing of products/services to the Government. Indicate if any the following sustainable acquisition categories apply to any products or services proposed: Energy Efficient, Water Efficient, Recycled, Bio-Based, Environmentally Preferable, Non-ozone depleting substances, Less Toxic and/or Less GHGs. c.Authorized Source Confirmation The following product certification statement below applies to all line items and each Offeror must submit supporting documentation, as needed: To be considered for award, the Offeror/Contractor is required to submit documentation confirming that they are an authorized source. An "Authorized Source" is defined as the original manufacturer, a source with the express written authority of the original manufacturer or current design activity, or an authorized aftermarket manufacturer. Additionally, all Offerors are required to provide new originally packaged items that are compliant with either the Buy American Statute or the Trade Agreements Act. d.Counterfeit IT Certification The Offeror certifies that the product(s) being delivered are new and in their original packaging. The subject product(s) are eligible for all manufacturer warranties and other ancillary services or options provided by the original manufacturers, authorized suppliers, or suppliers that obtain parts from the manufacturer or its authorized supplier. The Offeror further certifies that it is authorized by the manufacturer to sell the product(s). The Offeror is required to submit documentation identifying its supply chain for the product(s). Within the aforementioned documentation, the Offeror shall also identify the country of manufacture and indicate one of the following, if applicable: •Manufacturing occurs in the U.S., but more than 50% of the cost of components is from foreign/non- qualifying country content; •Originally foreign manufactured products substantially transformed in the United States or a designated country. The Offeror assumes responsibility for authenticity. Costs of counterfeit parts are unallowable unless the conditions set forth in DFARS 231.205-71(b) are met. By making an offer, the Offeror acknowledges that a full or partial termination for default/cause for non- compliant awarded items may occur if any of the products provided are not recognized or acknowledged by the manufacturer as new products eligible for warranties and all other ancillary services or options provided by the manufacturer, or the Offeror was not authorized by the manufacturer to sell the product in the U.S. 4.Price Quote Submit complete pricing for each individual item listed in the "DESCRIPTION OF REQUIREMENTS" Section above to include the unit of issue (e.g. per swipe, etc.), the extended price for each line item and a total price in US Dollars ($). Note: Ensure FOB Destination shipping costs are included in the pricing, as applicable. All costs must be included in the quotation. 5.Commercial Warranty If available, provide the terms and length of the Workmanship and/or Manufacturer Warranty on the product(s) and/or services proposed in the proposed purchase price. EVALUATION FACTORS FOR AWARD Note:FAR provision 52.212-2, Evaluation -- Commercial Products and Commercial Services applies to this solicitation (see "APPLICABLE PROVISIONS AND CLAUSES" section below for the full text reference). Basis for Award The Government intends to award a contract to the LPTA offeror, who has a valid registration in the System for Award Management (SAM); however, the Government reserves the right to award no contract at all, depending on the quality of quotes submitted and availability of funds. A quote will be considered non-responsive if technical acceptability is not met. Technical Acceptability is defined in Factor I below. Factor I – Technical Acceptability The Government will evaluate the quote and verify if the following specification requirements are met to include all information required for a complete quote as defined via paragraph 3 of "OFFEROR INSTRUCTIONS": This requirement contains supplies that are Brand Name pursuant to FAR 11.105, Items Peculiar to One Manufacturer. To be considered for award, the offeror is required to certify that the product being offered is an original, new, and Trade Agreements Act (TAA) compliant (reference 3(c) above) SILVER PEAK product. The Government will only accept the required brand name product as specified herein. Factor II – Price The Government will evaluate the total price to determine if it is fair and reasonable. The price quote shall include a unit price for each item and a total FFP for all line items. The total FFP shall include all applicable taxes, shipping, and handling costs to the identified shipping address. DUE DATE AND SUBMISSION INFORMATION Eligible Offerors All offerors must have a completed registration in the SAM website prior to award of contract. Information can be found at https://www.sam.gov/. Complete SAM registration means offerors shall have registered CAGE and DUNS Codes. Formatting Requirements Submit quotes in electronic PDF or Excel format; and text shall be formatted on an 8 ½ by 11 inch page in 12 point Times New Roman font. (There is no page limitation for RFQ submissions under this solicitation). Questions Due Date and Submission Requirements All questions must be received before 20 September 2022 at 5:00 PM Pacific Standard Time (PST). Questions may be submitted via email to Veronica Velarde at magda.v.velarde.civ@us.navy.mil with the subject line: N66001-22-Q-6553. Include RFQ# N66001-22-Q-6533 on all inquiries. Questions may be addressed at the discretion of the Government. RFQ Due Date and Submission Requirements This RFQ closes on 23 September 2022 at 9:00 AM PST. Quotes must be uploaded on the NAVWAR e- Commerce website at https://e-commerce.sscno.nmci.navy.mil, under NIWC Pacific/Simplified Acquisitions/ N66001-22-Q-6553. E-mail quotes, with the subject line: N66001-22-Q-6553, may be accepted if authorized by the NIWC Pacific Contracts Specialist/Government POC, prior to submission and/or RFQ closure date and time. Late submissions will not be accepted. NAVWAR e-Commerce website Assistance For e-Commerce technical issues, contact the SPAWAR Paperless Initiatives Help Desk at 858-537-0644 or paperless.spawar@navy.mil. Government RFQ Point of Contract The Government POC/Contracts Specialist for this solicitation is Veronica Velarde, magda.v.velarde.civ@us.navy.mil. Reference RFQ# N66001-22-Q-6553 on all email exchanges regarding this acquisition. APPLICABLE PROVISIONS AND CLAUSES This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2022-07 and Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN) 20220826. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses can be accessed in full text at https://www.acquisition.gov/content/regulations. Encl(2) Required Provisions The following provisions incorporated by full text via Encl. (2), apply to this acquisition, MUST BE COMPLETED BY the OFEROR and RETURNED with their QUOTE SUBMISSION: 52.204-24Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) 52.204-26Covered Telecommunications Equipment or Services — Representation (DEC 2019) 52.212-3Alternate I, Offeror Representations and Certifications – Commercial Items 252.204-7016Covered Defense Telecommunications Equipment or Services — Representation (DEC 2019) 252.204-7017Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Service — Representation (DEC 2019) 252.225-7055 Representation Regarding Business Operations with the Maduro Regime (MAY 2022) Incorporated by Reference The following FAR and DFARS clauses and provisions, incorporated by reference, apply to this acquisition: 52.204-7System for Award Management (OCT 2018) 52.204-13System for Award Management Maintenance (OCT 2018) 52.204-16Commercial and Government Entity Code Reporting (JUL 2019) 52.204-18Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-21Basic Safeguarding of Covered Contractor Information Systems (JUN 2016) 52.204-23Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-25Prohibition of Contracting for Certain telecommunications and Video Surveillance Services or Equipment (AUG 2020) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.212-4Contract Terms and Conditions—Commercial Items (OCT 2018) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Deviation 2020-O0008) (MAR 2020) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.232-40Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.252-5Authorized Deviations in Provisions (NOV 2020) 52.252-6Authorized Deviations in Clauses (APR 1984) 252.203-7000Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 252.203-7005Representation Relating to Compensation of Former DoD Officials (NOV 2011) 252.204-7008Compliance with Safeguarding Covered Defense Information Controls (OCT 2016) 252.204-7012Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2019) 252.204-7015 Notice of Authorized Disclosure of Information for Litigations Support (May 2016) 252.204-7018Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (Jan 2021) 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (NOV 2020) 252.223-7008Prohibition of Hexavalent Chromium (JUN 2013) 252.225-7972Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems. (DEVIATION 2020-O0015) (MAY 2020) 252.225-7973Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems— Representation. (DEVIATION 2020-O0015) (MAY 2020) 252.225-7974 Representation Regarding Business Operations with the Maduro Regime DEVIATION 2020- O0005 (FEB 2020) 252.232-7003Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) 252.232-7006Wide Area WorkFlow Payment Instructions (DEC 2018) 252.232-7010Levies on Contract Payments (DEC 2006) 252.239-7098 Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites – Representation (APR 2021) 252.244-7000Subcontracts for Commercial Items (JUN 2013) 252.246-7008Sources of Electronic Parts (May 2018) FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items applies to this acquisition and includes the following clauses by reference: 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) 52.204-25 Prohibition of Contracting for Certain Telecomunications and Video Surveillance Services or Equipment (AUG 2020) 52.209-6Protecting the Government's Interest When Subcontracting with Contractors Debarred Suspended, or Proposed for Debarment (OCT 2015) 52.209-10Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.219-28Post-Award Small Business Program Rerepresentation (JUN 2020) 52.222-3 Convict Labor (JUN 2003) 52.222-19 Child Labor—Cooperation with Authorities and Remedies DEVIATION 2020-O0019 (JAN 2020) 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 52.222-26 Equal Opportunity (SEP 2016) 52.222-50 Combating Trafficking in Persons (MAR 2015) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (OCT 2018) 52.233-3Protest after Award (AUG 1996) 52.233-4Applicable Law for Breach of Contract Claim (OCT 2004) 252.204-7008Compliance with Safeguarding Covered Defense Information Controls (OCT 2016) 252.204-7019Notice of NIST SP 800-171 DoD Assessment Requirements 252.225-7973Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems— Representation. (DEVIATION 2020-O0015) (MAY 2020) 252.239-7098Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites—Representation (DEVIATION 2021-O0003) (FEB 2021) Incorporated by Full Text FAR 52.212-1, Instructions to Offerors The provision at FAR 52.212-1, Instructions to Offerors—Commercial Items, applies to this acquisition. The following addendum replaces the text of this provision in its entirety: Addendum to FAR 52.212-1 INSTRUCTIONS TO QUOTERS—COMMERCIAL ITEMS (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits a quotation in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. You may submit your quotation on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, your quotation must show- (1) The solicitation number; (2) The time specified in the solicitation for receipt of quotations; (3) The name, address, and telephone number of the quoter; (4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the quoter shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If you do not submit your quotation on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Reserved. (d) Product samples. When required by the solicitation, you must submit product samples at or prior to the time specified for receipt of quotations. Unless otherwise specified in this solicitation, you must submit these samples at no expense to the Government. We will return product samples at your request and expense, unless they are destroyed during testing. (e) Multiple quotations. You are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quotation that you submit will be evaluated separately. (f) Submission Deadline. (1) You are responsible for submitting your quotation to the Government office designated in the solicitation by the date and time specified in the solicitation (submission deadline). If we did not specify a time elsewhere in this solicitation, then the submission deadline is 4:30 p.m., local time, on the date that quotations are due. (2) We will consider your quotation if we receive it at the Government office designated in the solicitation by the submission deadline. If we receive your quotation after this time, we will not consider it unless we receive it before we issue the purchase order and we determine that considering it would not unduly delay the acquisition. (3) An emergency or unanticipated event may interrupt our normal processes so that we cannot receive your quotation prior to the submission deadline. In these circumstances, the submission deadline is automatically extended to the same time of day specified in the solicitation on the first work day on which our normal processes resume. (g) Issuance of purchase order. Your quotation should contain your best technical and price terms. We may reject any or all quotations. We may issue a purchase order to a quoter other than the quoter with the lowest priced quotation. We may issue a purchase order to a vendor who did not submit a quotation in response to this solicitation. After the evaluation of quotations, we may negotiate final terms with one or more quoters of our choosing before issuing a purchase order. We will not negotiate with any quoters other than those of our choosing and we will not use the formal source selection procedures described in FAR part 15. (h) Multiple purchase orders. We may issue a purchase order for any item or group of items in your quotation, unless you qualify the quotation by specific limitations. Unless otherwise provided in the Schedule, you may not submit a quotation for quantities less than those specified. We reserve the right to issue a purchase order for a quantity less than the quantity quoted, at the unit prices quoted, unless you specify otherwise in the quotation. (i) Availability of requirements documents cited in the solicitation. (1) You may obtain the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978. (2) You may download most unclassified Defense specifications and standards from the following ASSIST websites: (i) ASSIST (https://assist.dla.mil/online/start/). (ii) Quick Search (http://quicksearch.dla.mil/). (iii) ASSISTdocs.com (http://assistdocs.com). (3) You may order documents not available from ASSIST from the Department of Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) You must obtain nongovernment (voluntary) standards from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all quotations exceeding the micro- purchase threshold and quotations of any dollar value if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) You must enter, in the block with your name and address on the cover page of your quotation, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies your name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that you may assign at your discretion to establish additional SAM records for identifying additional Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11). If you do not have a DUNS number, you should contact Dun and Bradstreet directly to obtain one. If you are located inside the United States, you may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. If you are outside the United States, you must contact the local Dun and Bradstreet office for a DUNS number. You should indicate that you are a quoter for a Government contract when contacting the local Dun and Bradstreet office. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of your quotation, you acknowledge the requirement to register in the SAM database prior to purchase order issuance, during performance, and through final payment of any contract resulting from this solicitation. If you are not registered in the SAM database in the time that we prescribe, we will proceed to issue the purchase order to the next otherwise successful registered quoter. You may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov. (l) Requests for information. We will not notify unsuccessful quoters that responded to this solicitation. You may request information on purchase order(s) resulting from this solicitation from the contracting officer. (m) Solicitation Provisions Incorporated by Reference. This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, we will make their full text available. The listed provisions may include blocks that you must complete and submit with your quotation. In lieu of submitting the full text of those provisions, you may identify the provision by paragraph identifier and provide the appropriate information with your quotation. Also, you may access the full text of a solicitation provision electronically at this/these address(es): Federal Acquisition Regulation: www.acquisition.gov Defense Federal Acquisition Regulation Supplement: https://www.acq.osd.mil/dpap/ DoD Class Deviations: https://www.acq.osd.mil/dpap/dars/class_deviations.html (n) Authorized Deviations in Provisions. (1)The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (2)The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of addendum)