Combination Synopsis-Solicitation for Commercial Purchases.docx

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Notice of Intent to Sole Source Software Maintenance for OPAL-RT Stimulator
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W911QX-23-Q-0045
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Combination Synopsis-Solicitation for Commercial Purchases under the Simplified Acquisition Threshold (SAT)

1. Solicitation Number: W911QX-23-Q-0045

2. Title: Notice of Intent to Sole Source Software Maintenance for OPAL-RT Stimulator.

3. Classification Code: 5963

4. NAICS Code: 334111

5. Response Date: Five (5) business days after posting at 11:59 AM EST, due via email to the Primary Point of Contact listed in the SAM.gov webpage for this combined synopsis-solicitation.

6. Description: The Government requires a one (1) year software maintenance plan and two (2) years of options for the Government-Owned OPAL real-time (RT) Stimulator, otherwise known as OPAL RTS. The maintenance plan must include software updates, maintenance, patches, and technical assistance. The period of performance will be between 01 MAY 2023 to 30 APRIL 2024 and will include lapsed time in maintenance.

Disclaimer: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

INTENT TO SOLICIT ONLY ONE SOURCE

The proposed contract action is for supplies or services for which the Government is soliciting and negotiating with only one source under the authority of FAR 13.106-1(b)(1)(i). The name of the company the Government intends to award a contract to is OPAL-RT Corporation, Unique Entity ID: HXHSGPELPB65, CAGE Code: 5SQW6, 2532 Harte Drive, Brighton, Michigan 48114-7002. This notice of intent is not a request for competitive proposals. However, the Government will consider all proposals received prior to the closing date and time of this solicitation.

This acquisition is issued as a Request for Quote (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02 Effective date 22 February 2023.

For purposes of this acquisition, the associated NAICS code is 334111. The small business size standard is 1,250 employees.

Contract Line Item (CLIN) Structure: The following is a list of contracts line-item number(s) and items, quantities, and units of measure, (including option(s), if applicable):

CLIN 0001: One (1) year Software Maintenance Plan for OPAL-RT Stimulator. (FOB Destination) to USA CCDC Army Research Laboratory, at 2800 Powder Mill Road, Adelphi, MD 20783-1138.

CLIN 0002: Option Year One – one (1) year Software Maintenance Plan for OPAL-RT Stimulator for CCDC Army Research Laboratory for a period of one (1) year. The period of performance will be between 05/01/2024 – 04/30/2025.

CLIN 0003: Option Year Two – one (1) year Software Maintenance Plan for OPAL-RT Stimulator for CCDC Army Research Laboratory for a period of one (1) year. The period of performance will be between 05/01/2025 – 04/30/2026.

Specifications/Requirement: N/A

Delivery: Delivery is required by 01 MAY 2023. Delivery shall be made to USA CCDC Army Research Laboratory, at 2800 Powder Mill Road, Adelphi, MD 20783-1138. Acceptance shall be performed at USA CCDC Army Research Laboratory, at 2800 Powder Mill Road, Adelphi, MD 20783-1138. The FOB Point Is Destination.

Clauses:

I. The provision at 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition. The following addenda have been attached to this provision:

In addition to the requirements set for the in FAR 52.212-1, all offers responding to this solicitation must provide their business size in relation to the NAICS code contained in this solicitation and shall identify any socioeconomic categories to which they belong.

II. Evaluation Criteria - The specific evaluation criteria to be used are as follows: N/A

III. Offerors shall include a completed copy of the provision at FAR 52.212-3 (with its Alternate I), Offeror Representations with its offer: N/A

IV. The clause at 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. The following addenda have been attached to this clause. N/A

V. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items and the selected clauses listed in DFARS 212.301 Solicitation provisions and Contract Clauses for the Acquisition of Commercial Items, applies to this acquisition. The following additional FAR/DFARS clauses cited in this clause are applicable:

FAR:

52.219-28 Post-Award Small Business Program Representation(SEP 2021)
52.222-3 Convict Labor(JUN 2003)
52.222-19 Child Labor – Deviation 2020-O0019 Cooperation with
Authorities and Remedies(JAN 2022)
52.222-21 Prohibition of Segregated Facilities(APR 2015)
52.222-26 Equal Opportunity(SEP 2016)
52.222-36 Affirmative Action for Workers with Disabilities(JUL 2014)
52.222-50 Combating Trafficking in Persons(NOV 2021)
52.223-18 Encouraging Contractor Policies to Ban Text
While Driving(AUG 2011)
52.225-13 Restrictions on Certain Foreign Purchases(JUN 2008)
52.232-33 Payment by Electronic Funds Transfer—Central
Contractor Registration(OCT 2018)
52.232-36 Payment by Third Party(MAY 2014)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

DFARS:

252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011) 252.204-7008 Compliance with Safeguarding Covered Defense

Information Controls(OCT 2016)
252.204-7015Disclosure of Information to Litigation Support
Contractors(MAY 2016)
252.204-7016Covered Defense Telecommunications Equipment or
Services—Representation(DEC 2019)

252.204-7017 Prohibition on The Acquisition of Covered Defense Telecommunications Equipment or Services—Representation

(DEC 2019)

252.204-7018Prohibition on The Acquisition of Covered Defense
Telecommunications Equipment or Services(JAN 2021)

252.204-7019 Notice of NIST SP 800-171 DoD Assessment

Requirements(NOV 2020)
252.204-7020 NIST SP 800-171 DoD Assessment Requirements(NOV 2020)
252.223-7008 Prohibition of Hexavalent Chromium(JUN 2013)

252.225-7974 Deviation 2020-O0005 Representation Regarding Business Operations with Maduro Regime (FEB 2020) 252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports(JUN 2012)
252.232-7010Levies on Contract Payments(DEC 2006)
252.239-7009Representation of Use of Cloud Computing(SEP 2015)
252.239-7010Cloud Computing Services(OCT 2016)
252.244-7000Subcontracts for Commercial Items(JUN 2013)
252.247-7023Transportation of Supplies by Sea(FEB 2019)

(a) The following additional contract requirement(s) or terms and conditions apply:

FARS:

52.204-7 System for Award Management (OCT 2018) 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards(OCT 2018)
52.204-13 System for Award Management Maintenance(OCT 2018)
52.204-16 Commercial and Government Entity Code Reporting(AUG 2020)
52.204-18 Commercial and Government Entity Code Maintenance(AUG 2020)

52.204-19 Incorporation by Reference of Representations And Certifications (DEC 2014) 52.209-6 Protecting the Government’ Interest when Subcontracting With Contracts Debarred, Suspended, or Proposed for Debarment

(NOV 2021)
52.212-1 Instructions to Offerors – Commercial Items(NOV 2021)
52.212-4 Contract Terms and Conditions – Commercial Items(NOV 2021)
52.204-20 Predecessor of Offeror(AUG 2020)
52.252-1 Solicitation Provisions Incorporated by Reference(FEB 1998)
52.252-2 Clauses Incorporated by Reference(FEB 1998)
52.232-39 Unenforceability of Unauthorized Obligations(JUN 2013)
52.247-34 F.O.B. Destination(NOV 1991)

DFARS:

252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower

Rights(SEP 2013)
252.204-7000Disclosure of Information(OCT 2016)
252.204-7003 Control of Government Personnel Work Product(APR 1992)

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (OCT 2016) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (JUN 2012) 252.232-7017 Accelerating Payments to Small Business Subcontractors

— Prohibition On Fees and Consideration(APR 2020)
252.243-7001 Pricing of Contract Modifications(DEC 1991)

V. The following additional contract requirement(s) or terms and conditions apply (full text of all FAR/DFARS clauses that contain fill-in information, as well as all local clauses, can be found in the attached Provisions and Clauses Full-Text document):

ADELPHI LOCAL CLAUSE LIST OF SPECIAL INSTRUCTIONS:

ACC - APG POINT OF CONTACT

TECHNICAL POINT OF CONTACT

INTENT TO SOLICIT ONLY ONE SOURCE

TYPE OF CONTRACT

GOVERNMENT INSPECTION AND ACCEPTANCE

EXERCISE OF OPTION

SUBSCRIPTION AND SOFTWARE PLATFORM RENEWALS

TAX EXEMPTION CERTIFICATE (ARL)

RECEIVING ROOM REQUIREMENTS - ALC

EXCEPTIONS OR CONDITIONS CONTAINED IN OFFEROR'S PROPOSAL

AWARD OF CONTRACT

ADELPHI CONTRACTING DIVISION WEBSITE

PAYMENT TERMS

52.252-1 Solicitation Provisions Incorporated by Reference 52.252-2 Clauses Incorporated by Reference 52.212-3 Offeror Representations and Certifications - Commercial Items 52.212-3 ALT I Offeror Representations and Certifications - Commercial Items 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.204-26 Covered Telecommunications Equipment or Services--Representation 252.211-7003 Item Unique Identification and Valuation 252.232-7006 Wide Area Workflow Payment Instructions

VI. This acquisition is rated under the Defense Priorities and Allocations System (DPAS) as N/A.

VII. The following notes apply to this announcement:

In accordance with FAR 32.003, the Government cannot provide contract financing for this acquisition.

VIII. Offers are due on 24 APRIL 2023, by 11:59 AM EST, at deneise.c.jackson.civ@army.mil.

IX. For information regarding this solicitation, please contact the Contract Specialist, Deneise Jackson, deneise.c.jackson.civ@army.mil, (301) 394-5351.

Place(s) of Performance: USA CCDC Army Research Laboratory, at 2800 Powder Mill Road, Adelphi, MD 20783-1138, and United States Military Academy, Bartlett Hall 341C, West Point, NY 10996.

Set Aside: N/A image1.emf

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