CSS_75N95024Q00538_Final.docx

Exhibit 11

COMBINED SYNOPSIS / SOLICITATION COMPETITIVE

Solicitation Number: 75N95024Q00538

TITLE: TrueNAS M50 Storage Platform with Silver 3-Year Support Plan or Equal

Introductory Statement

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 written solicitation will not be issued.

The Government reserves the right to make one award, multiple awards, or no awards as a result of this solicitation.

Solicitation Number and Authority

The solicitation number is 75N95024Q00538 and the solicitation is issued as a Request for Quotations (RFQ).

This acquisition is for a commercial service and is conducted under the authority of the FAR Part 13—Simplified Acquisition Procedures; FAR Subpart 13.5—Simplified Procedures for Certain Commercial Products and Commercial Services; and FAR Part 12—Acquisition of Commercial Products and Commercial Services and is expected to exceed the simplified acquisition threshold.

Applicable Federal Acquisition Circular

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-07, dated September 3, 2024.

NAICS Code and Small Business Standard

The associated NAICS code is 334112 - Computer Storage Device Manufacturing and the small business size standard is 1,250 employees.

This acquisition is being conducted as a total small business set-aside.

Anticipated Contract Type

The Government intends to award one firm-fixed price purchase order for this acquisition.

Anticipated Delivery Date/Period of Performance

The anticipated delivery date shall be 30 days after receipt of order. The 3-year technical support plan shall begin on the date of the Government’s acceptance of the Equipment Package.

Description of Requirement

Statement of Need and Purpose: The purpose of this acquisition is to acquire a brand-name or equal TrueNAS M50 Storage Platform with M50 Controller Pack, read and write accelerators, TrueNAS SCALE software (“Equipment Package”), and a 3-Year technical support plan. The Equipment Package must be scalable and include data safeguarding capabilities.

Please refer to Attachment 1. Purchase Description for complete details and specifications.

Applicability of FAR clause 52.212-1

The provision at FAR 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023), applies to this acquisition and is incorporated by reference. The following is provided as an addendum:

To be considered for award, quotes MUST conform to the instructions and specifications contained in this Solicitation.

The Quoter shall provide the below information on the first page of its response:

1. Solicitation Number: 75N95024Q00538

2. Quotation Number

3. Submission and Expiration Date of Quotation

4. Company’s Full Name and Address;

5. Company’s UEI Number, CAGE Code, and TIN Number; and

6. Name, Telephone Number, and Email Address of Person Authorized to Provide Quotation

Responses to this RFQ must include enough information to establish that the Quoter can provide the required services and products. Specifically, the Quoter shall illustrate that it is able to, at a minimum, satisfy all the “specific requirements” described within Attachment 1. Purchase Description.

Finally, the Quoter shall provide the following information in its response, as applicable:

1. Part/serial number for each line item;

2. Part description for each line item (in sufficient detail to evaluate compliance with the Purchase Description requirements);

3. Unit and list price for each line item;

4. The amount of any discounts being provided compared to Quoter’s standard commercial pricing;

5. Delivery terms (including delivery date and Freight on Board (FOB) Point);

6. Warranty terms (including period of warranty and any conditions);

7. Prompt payment discount terms;

8. Any applicable shipping/handling charges or import duties ;

9. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the RFQ;

10. Any other information that demonstrates the quoted items satisfy the Government’s requirement as stated in the Purchase Description;

11. Total price (must be clearly indicated and include all line items and any applicable charges and fees)

The Government reserves the right to award with or without discussions if it determines it to be in its best interest. Therefore, it is important that your initial quotation include your most favorable terms from both a price and technical standpoint. The Government also reserves the right to award no purchase order depending on the quality of the quotations, the availability of funding, and the continued existence of the requirement.

The offeror’s Unique Entity ID from SAM.gov, the Taxpayer Identification Number (TIN), and the certification of business size must be included in offeror’s quote/offer. Offeror must have an active registration in the System for Award Management (SAM) www.sam.gov at the time of quote submission to be eligible for award.

Applicability of FAR 52.252-1

The provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, applies to this acquisition.

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, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ https://www.hhs.gov/grants-contracts/contracts/contract-policies-regulations/hhsar/part-352-solicitation-provisions-contract-clauses/index.html

(End of provision)

Applicability of FAR provision 52.212-2

The provision at FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (NOV 2021), applies to this acquisition.

The Government will evaluate quotations or offers in accordance with FAR 13.106-2 and award a purchase order from this solicitation to the responsible offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

a. Technical capability of the products and services offered to meet the Government requirement;

b. Price; and

c. Past performance [see FAR 13.106-2(b)(3)].

Specifically, a technically acceptable quote must include all required brand-name or equal products, technical support plan with a 3-year duration, delivery terms, installation terms, and warranty terms described in Attachment 1 - Purchase Description.

If a Quoter (1) fails or refuses to assent to any term, (2) proposes additional terms, or (3) fails to submit or omits material information required by this RFQ, then the Government may consider its quote UNACCEPTABLE.

The Government will evaluate price for award purposes by determining that the total quoted price is fair and reasonable, taking into consideration any price reductions offered by the Quoter.

Applicability of FAR provision 52.212-3

The provision at FAR 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services (May 2024), applies to this acquisition.

The provision is included in full text at Attachment #3 – Representations and Certifications. Quoter must submit a completed and signed version of Attachment 3 with its response.

Applicability of FAR clause 52.212-4

The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2023), applies to this acquisition and is incorporated by reference.

Applicability of FAR clause 52.212-5

The clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (May 2024) applies to this acquisition.

FAR 52.212-5 is included in full text at Attachment #2 - Additional Terms and Conditions.

Additional Requirements

Responses to this solicitation must include clear and convincing evidence of the offeror’s capability of fulfilling the requirement as it relates to the technical evaluation criteria. The price proposal must include the labor categories, an estimate of the number of hours required for each labor category, fully loaded fixed hourly rate or each labor category, breakdown and rationale for other direct costs or materials, and the total amount.

All NIH contractors are required to submit invoices through the Department of Treasury’s Invoice Processing Platform (IPP). If the successful quoter is not enrolled in IPP at the time of award, NIH will initiate this process. The vendor will subsequently receive an email with instructions for completing enrollment.

All invoices must be submitted in accordance with the instructions stated in Attachment #4 – Invoice and Payment Instructions With IPP to be approved and paid. Contractors must also possess and maintain an active registration in the System for Award Management (SAM), which can be accessed at www.sam.gov.

Applicability of Defense Priorities and Allocations System (DPAS)

The Defense Priorities and Allocations System (DPAS) is not applicable to this requirement.

Questions and Quote/Response Submission Deadlines

Any questions regarding this solicitation must be submitted electronically to the Contract Specialist, Shivani Patel, at shivani.patel@nih.gov by 1:00 PM Eastern Time on September 11, 2024.

All quotations must be received by 1:00 P.M., Eastern Standard Time, on September 12, 2024, and reference Solicitation Number 75N95024Q00538. Responses must be submitted electronically to Shivani Patel, Contract Specialist, at shivani.patel@nih.gov.

Fax responses will NOT be accepted.

Commercial Provisions/Clauses

Please be advised that the NIH is a Federal agency. Your mass-market commercial sales and/or license agreement terms and conditions may include provisions that are customarily found in the commercial sector, but which are not appropriate for a contract with a Federal agency. Specifically, NIH considers any provision in your mass-market commercial sales and/or license agreement terms and conditions to be inappropriate and unenforceable that:

1) Contravenes a right granted NIH under U.S. copyright law (e.g., fair use, right to archive, copying for interlibrary loan),

2) Violates the Federal Acquisition Regulation or other Federal law (e.g., Antideficiency Act, Principles of Federal Appropriations Law)

3) Departs from reasonable consumer expectations, or

4) Violates fundamental public policy.

The NINDS shall assume that you agree with the statements herein if you submit a quotation and accept the Government’s purchase order.

IMPORTANT

This RFQ does not commit the Government to pay any costs incurred in the preparation of the submission of a quotation or to contract for supplies or services.

Attachments

Attachment #1 – Purchase Description Attachment #2 – Additional Terms and Conditions Attachment #3 – Representations and Certifications Attachment #4 – Invoice and Payment Instructions