NCC SQuirreL suite Software Licenses
Added: May 09, 2016 2:52 pm THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION UNDER FAR PART 13.The National Institute of Standards and Technology (NIST) is issuing a Request for Quotations (RFQ) for NCC SQuirreL Suite Software Licenses.This is a BRAND NAME ONLY requirement to purchase NCC SQuirreL Suite Software, needed by the Department of Commerce, Office of the Inspector General's (OIG) office. OIG has a need to renew NCC SQuirreL suite software to support the Information Technology (IT) security audit program for assessing compliance reporting and department-wide IT security assessments. See Brand Name JustificationThe associated North American Industrial Classification System (NAICS) code for this procurement is 541519, Information Technology Value Added Resellers with a small business size standard of 150 Employees. The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular (FAC) 2005-87.This requirement is unrestricted and all NCC authorized resellers vendors may submit a quote.All offerors shall provide a quotation for the following Line Items:Line Item 0001 (Firm-Fixed Price): Part Number 3SP100-R6/8- NCC SQuirreL suite (SQL/Oracle/DB2/Sybase/MySQL/Informix) 100 database instances 0.00Quantity: 1 eachPeriod of Performance: 08/10/2016-08/09/2019 (tee-year renewal)Line Item 0002 (Firm-Fixed Price): Part Number 3CP-R6/8- NCC SQLCrack- Password Craking Utility Quantity: 1 eachPeriod of Performance: 08/10/2016-08/09/2019 (tee-year renewal)Line Item 0003 (Firm-Fixed Price): Software Support during license termQuantity: 1 eachPeriod of Performance: 08/10/2016-08/09/2019 (tee-year renewal) ________________________________________PROVISIONS AND CLAUSES:The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR clauses may be viewed at http://acquisition.gov/comp/far/index.html. All Commerce Acquisition Regulations (CAR) clauses may be viewed at http://farsite.hill.af.mil/VFCARA.HTMProvisions:52.212-1, Instructions to Offerors-Commercial Items52.212-3, Offeror Representations and Certifications-Commercial ItemsRepresentation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2014)(1) In accordance with Sections 536 and 537 of Division B of Public Law 113-76 Consolidated Appropriations Act, 2014, none of the funds made available by Consolidated Appropriations Act, 2014 funding may be used to enter into a contract with any corporation that-(a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or(b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.(2) The Offeror represents that, as of the date of this offer-(a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.(b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.(End of provision)Certification By Offerors Regarding Federal Income Tax Filing And Federal Income Tax Violations. (Class Deviation) (March 2015)(a) In accordance with Section 523 of Division B, Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235) none of the funds made available by the Act may be used to enter into a contract in an amount greater than $5,000,000 unless the prospective contractor certifies in writing to the U.S. Consolidated and Further Continuing that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the tee years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.(b) The Offeror's proposal shall include a signed written certification as follows -To the best of my knowledge and belief, ---(name of offeror)--- has filed the Federal tax returns required during the tee years preceding this certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.Firm _____________________________________________ Signature _________________________________________ Name ____________________________________________ Title _____________________________________________ Date of execution __________________________________ (End of Provision) 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02) (FEB 2015)(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(End of provision)FAR Clauses:52.212-4, Contract Terms and Conditions-Commercial Items52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items-Commercial Items including subparagraphs:52.204-10 Reporting Executive Compensation;52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment;52.219-28 Post Award Small Business Program Re-representation;52.222-3 Convict Labor;52.222-19 Child Labor - Cooperation With Authorities And Remedies;52.222-21 Prohibition of Segregated Facilities;52.222-26Equal Opportunity;52.222-36 Affirmative Action for Workers with Disabilities;52.222-50 Combating Trafficking in Persons52.223-18 Contractor Policy to Ban Text Messaging While Driving;52.225-13 Restriction on Certain Foreign Purchases;52.232-33 Payment by Electronic Funds Transfer-System for Award Management52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (FEB 2015)(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.(End of clause)Assurance by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by Consolidated and Further Continuing Appropriations Act, 2015 and subsequent appropriations acts may be used to enter into a contract with any corporation that - (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or (b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) By accepting this award or order, in writing or by performance, the offeror/contractor assures that -(a) The offeror/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months.(b)The offeror/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (End of Clause)Commerce Acquisition Regulations (CAR) Clauses: 1352.201-70, Contracting Officer's Authority1352.201-72, Contracting Officer's Representative (COR)1352.209-73, Compliance With the Laws1352.239-71 Electronic and information technology1352.209-74, Organizational Conflict of Interest1352.215-72, Inquiries Offerors must submit all questions concerning this solicitation in writing to the Contracting Officer. Questions should be received no later than 12:00 pm EST, 5 calendar days prior to submission deadline. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Requests shall include complete company name, address, telephone and e-mail address. FAX AND OR PHONE REQUESTS ARE NOT AUTHORIZED AND WILL NOT BE ACCEPTED. 1352.233-70, Agency Protests (APR 2010)(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).(b) Agency protests filed with the Contracting Officer shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISIONATTN: Keith Bubar, CONTRACTING OFFICER100 Bureau Drive, MS 1640Gaithersburg, MD 20899(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISIONATTN: HEAD OF THE CONTRACTING OFFICE (HCO)100 Bureau Drive, MS 1640Gaithersburg, MD 20899(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.(e) Service upon the Contract Law Division shall be made as follows: U.S. Department of CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, NW.Washington, DC 20230FAX: (202) 482-5858.(End of clause)1352.233-71, GAO and Court of Federal Claims Protests (APR 2010)(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.(c) Service upon the Contract Law Division shall be made as follows: U.S. Department of CommerceOffice of the General CounselChief, Contract Law DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, NW.Washington, DC 20230FAX: (202) 482-5858.(End of clause)NIST LOCAL 41, Software License Addenduma) This Addendum incorporates certai11 terms and conditions relating to federal procurement actions. The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties. Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41 U.S.C. Section 601 et.seq., and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those having jurisdiction over federal procurement matters. Attorney's Fees: Attorney's fees are payable by the federal government in any action arising under this contract only pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504. No Indemnification: The federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a). Assignment: Payments may only be assigned in accordance with the Assignment of Claims Act, 31 U.S.C. Section 3727, and FAR Subpart 32.8, "Assignment of Claims." Invoices: Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. Section 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. Patent and Copyright Infringement: Patent or copyright infringement suits brought against the United States as a party may only be defended by the U.S. Department of Justice (28 U.S.C. Section 516). Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. Renewal may only occur in accord with (1) the mutual agreement of the parties; or (2) an option renewal clause allowing the government to unilaterally exercise one or more options to extend the term of the agreement.(End of clause)NIST Local Clause_04 Billing InstructionNIST prefers electronic Invoice/Voucher submissions and they should be emailed to INVOICE@NIST.GOV. (b) Each Invoice or Voucher submitted shall include the following: (1) Contract Number. (2) Contractor Name and Address. (3) Date of Invoice. (4) Invoice Number. (5) Amount of Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number (CLIN). (7) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services Delivered. (8) Prompt Payment Discount Terms, if Offered. (9) Any other information or documentation required by the contract. (c) In the event electronic submissions are not used, The Contractor shall submit an original invoice or voucher in accordance with the payment provisions of this contract to: NIST: Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621. (End of clause) Addendum to Far 52.212-1, Quotation Preparation Instructions:1. Price QuotationThe Offeror shall propose a firm-fixed-price for Line Items 0001-0003. Price quotations shall remain valid for a period of 90 days from the date quotations are due.2. Technical QuotationAll offerors shall provide documentation showing that they are authorized resellers of the product(s) they are proposing or are the Manufacturer. The quotation shall clearly demonstrate that the part numbers, product descriptions, quantities, and period of performance required by each CLIN have been complied with.Quotation Evaluation: Basis for Award shall be technically acceptable/ lowest price. The Government will evaluate quotations based on the following evaluation criteria: (1) Technically Capability and (2) Price.1. Technical CapabilityAn offerors failure to quote all of the products listed in each CLIN listed above may be considered indicative of the offerors lack of understanding of the Government's requirements and may result in the offer being determined unacceptable. If an evaluation of Non-Acceptable is received, the Offeror will not be considered for Award. 2. PricePrice will be evaluated for reasonableness. Your company is encouraged to discount its rates. If price discounts are offered, identify the percentage of price discount and/or price reduction offered.The Government does not intend to enter discussions and may award a purchase order on the basis of initial offers received, without discussions. Therefore, each initial quotation shall contain the offeror's best terms. Nonetheless, the Government reserves the right to conduct discussions if it is in the best interest of the Government.Acceptance of terms and conditions (addendum to FAR 52.212-1(b)(11):This is a Combined Synopsis/Solicitation for equipment as defined herein. The Government intends to award a Purchase Order as a result of this Combined Synopsis/Solicitation that shall include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows:The offeror shall state "The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."ORThe offeror shall state "The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:Offeror shall list exception(s) and rationale for the exception(s)Please note that this procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror submits a quotation based upon an FSS or GWAC contract, the Government shall accept the quoted price. However, the terms and conditions stated herein shall be included in any resultant Purchase Order, not the terms and conditions of the offeror's FSS or GWAC contract, and the statement required above shall be included in the quotation.Due Date and Response Information Offerors capable of furnishing the specified products in this combined synopsis/solicitation should submit their quote in writing to: Prateema Carvajal electronically at prateema.carvajal@nist.gov. FAX quotations shall not be accepted. Offerors shall submit their quotations so that NIST receives them not later than May 23, 2016, 8:00 am, EST.
GG000000-16-03577 Department of Commerce National Institute of Standards and Technology
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