Solicitation_W56JSR-16-Q-0051.docx

DEPARTMENT OF THE ARMY

U.S. ARMY CONTRACTING COMMAND

ABERDEEN PROVING GROUND

6001 COMBAT DRIVE

ABERDEEN PROVING GROUND, MARYLAND 21005-1846

REPLY TO

ATTENTION OF CCAP-CCE

12 September 2016

SUBJECT: Solicitation No.: W56JSR-16-Q-0051; Request for Quotes (RFQ)

1. This is a COMBINED SYNOPSIS/SOLICITATION for COMMERCIAL SOFTWARE LICENSES / MAINTENANCE AGREEMENTS (e.g. Cellebrite ) prepared in accordance with Federal Acquisition Regulations (FAR) Subpart 12.6 and Subpart 5.207, as supplemented with additional information included in this notice, this announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued. The word Government in this document refers to the United States Government, its authorized Agencies, Departments, Representatives, Personnel and Assigns only.

2. This combined synopsis/solicitation, W56JSR-16-Q-0051, is issued as a Request for Quotes (RFQ). These requirements will result in a Firm Fixed Price (FFP) type contract for software licenses and software maintenance/support agreements.

3. The government reserves the right to make one award or multiple awards (separating the numbered requirements below) based on the results of the price evaluation of the technically acceptable companies that respond to the solicitation. The numbered requirements below (Section 7) are each intended for award to a single Offeror. Award of each requirement will be made to the Lowest Priced Technically Acceptable (LPTA) submitted price quote. An Offeror may receive award for each requirement that it submitted the LPTA price quote, but only for those requirements where its price quote was the LPTA submission. The Government reserves the right to make no award if the requirement is cancelled, there are insufficient funds, or the contracting officer cannot determine the quoted prices to be fair and reasonable.

4. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Regulation (FAR)/Federal Acquisition Circular (FAC) 2005-89 effective 14 July 2016.

5. In the event that reasonable and acceptable quotes are received from two or more businesses meeting the Small Business size standard for the North American Industry Classification System (NAICS) Code declared for a requirement, that requirement may be set-aside for award to small business. In accordance with FAR 19.1405(b), if two or more reasonable and acceptable quotes are received from Service Disabled Veteran Owned Small Businesses (SDVOSB), that requirement will be set-aside for award to a SDVOSB. Award will be made for that particular requirement to the responsible small business whose price quote is determined technically acceptable and provides the lowest price. The Government reserves the right to apply any applicable socio-economic small business set aside or sole source option based upon industry responses that are deemed fully responsive and fully technically competent. Otherwise, award will be made to the Offeror whose quote is deemed the lowest priced technically acceptable offer.

6. REQUIREMENTS DESCRIPTIONS/ QUANTITIES/ DELIVERY DATES

The U.S. Army, intends to procure the following (1) requirement(s) for Software Licensing/Maintenance Support Renewal Agreements. This effort will consist of 36-months of support for the Army Project Manager Warfighter Information Network-Tactical Increment 1 (WIN-T INC 1) Regional Hub Nodes (RHNs).

Requirement: Hewlett Packard Enterprise StoreVirtual Virtual Storage Appliance 2014 50TB 3-Year Enterprise-License To Use (HPE SV VSA 2014 50TB 3YR E-LTU), NAICS 541519.

DESCRIPTION:

Qty

Base Period

HPE SV VSA 2014 50TB 3YR E-LTU, PLAD Number: 18014, Part Number: TC499AAE Period of Performance: 36 month base year

7. INSPECTION AND ACCEPTANCE shall be at Destination. Shipment will be FOB Destination.

8. LOWEST PRICE TECHNICALLY ACCEPTABLE (LPTA) STANDARDS/TERMS FOR AWARD

9. PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE applicable to this acquisition are as follows:

FAR 52.203-3, Gratuities (APR 1984).

FAR 52.204-7, System for Award Management (Jul 2013) FAR 52.204-12, Data Universal Numbering System Number Maintenance (Dec 2012) FAR 52.204-13, System for Award Management Maintenance (Jul 2013).

FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (Mar 2015).

FAR 52.212-4, Contract Terms and Conditions – Commercial Items (May 2015).

FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000).

FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013).

FAR 52.227-01, Authorization and Consent (Dec 2007).

FAR 52.227-02, Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007).

FAR 52.227-03, Patent Indemnity (Apr 1984).

FAR 52.227-06, Royalty Information (Apr 1984).

FAR 52.227-09, Refund of Royalties (Apr 1984).

DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Sep 2011).

DFARS 252.203-7003, Agency Office of the Inspector General (Dec 2012).

DFARS 252.204-7004, Alternate A, System for Award Management (Feb 2014).

DFARS 252.204-7012, Safeguarding of Unclassified Controlled Technical Information (Nov 2013) DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders (Dec 1991).

DFARS 252.216-7006, Ordering (May 2011).

DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (Oct 2014).

DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Sep 2004) (Section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts).

DFARS 252.227-7015, Technical Data—Commercial Items (Feb 2014).

DFARS 252.227-7016, Rights In Bid or Proposal Information (Jan 2011).

DFARS 252.227-7017, Identification and Assertion of Use, Release or Disclosure Restrictions (Jan 2011).

DFARS 252.227-7025, Limitation on The Use or Disclosure of Government – Furnished Information Marked with Restrictive Legends (May 2013).

DFARS 252.227-7027, Deferred Ordering of Technical Data or Computer Software (Apr 1988).

DFARS 252.227-7028, Technical Data or Computer Software Previously Delivered to the Government (Jun 1995).

DFARS 252.227-7037, Validation of Restricted Markings on Technical Data (Jun 2013).

DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Jun 2012).

DFARS 252.232-7006, Wide Area Workflow Payment Instructions (May 2013)

10. PROVISIONS AND CLAUSES INCORPORATED FULL TEXT

FAR 52.212-1, Instructions to Offerors (Apr 2014) All Offerors shall provide their business size/status, cage code, duns number, and point of contact information in their submission. Offerors will state upon their submitted price quote the period for which it remains valid. Offerors may submit price quotes for any or all requirements on the current copy of this combined synopsis/solicitation. Price quotes submitted for any requirement shall be complete, conforming to the identified item/service, quantity, and period of performance.

Price: Offerors shall provide their price quote including any proposed discount prices/terms that apply.

Technical: Offerors shall provide evidence that the Offeror is an authorized distributor/reseller of the software license or support agreement specified in the solicitation. Evidence may be a signed letter from the present owner of the software, an email from the owner of the software, identification of authorized distributors/resellers on the software owner’s website, etc.

Offerors shall provide evidence that they intend to meet the terms and conditions set forth in the software licenses and/or software maintenance support agreements attached herein.

Offerors have current registration in the System for Award Management website (http://sam.gov). Offerors are not on the list of contractors Debarred, Suspended, or Proposed for Debarment. Offerors do not have any delinquent federal debt.

FAR 52.212-2, Evaluation – Commercial Items (Oct 2014).

The following factors will be used to evaluate offers in accordance with FAR 52.212-2 (a) (b) (c);

(a) The Government will award a contract on the basis of the lowest evaluated price of price quotes meeting or exceeding the acceptability standards for non-cost factors. Quotes are evaluated for acceptability but not ranked using the non-cost/price factors.

(i) Lowest Price - Offeror's quotes will be evaluated on the basis of the lowest total price.

(ii) Technical Acceptability - For purposes of this evaluation, the following two standards will constitute technical acceptability:

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced, or if requested options are not priced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offers specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders. Commercial Items (May 2015).

FAR 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006).

FAR 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013).

FAR 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013).

FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) FAR 52.219-6, Notice of Total Small Business Set-Aside Alternate I (Nov 2011).

FAR 52.219-8, Utilization of Small Business Concerns (Oct 2014).

FAR 52.219-9, Small Business Subcontracting Plan (Oct 2014), Alternate II FAR 52.219-14, Limitations on Subcontracting (Nov 2011).

FAR 52.219-16, Liquidated Damages – Subcontracting Plan (Jan 1999) FAR 52.219-28, Post Award Small Business Program Representation (Jul 2013).

FAR 52.222-3, Convict Labor (June 2003).

FAR 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014).

FAR 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

FAR 52.222-26, Equal Opportunity (Apr 2015).

FAR 52.222-35, Equal Opportunity for Veterans (Jul 2014).

FAR 52.222-36, Affirmative Action for Workers with Disabilities (Jul 2014).

FAR 52.222-37, Employment Reports on Veterans (Jul 2014).

FAR 52.222-50, Combating Trafficking in Persons (Mar 2015).

FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) FAR 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008) FAR 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013 FAR 52.239-1, Privacy or Security Safeguards (Aug 1996).

FAR 52.233-3, Protest After Award (Aug 1996).

FAR 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004).

11. QUOTE SUBMISSIONS

The offeror must be registered in the System For Award Management (SAM) database prior to award. If the offeror is not registered in the SAM, it may do so through the SAM website at https://www.sam.gov.

The offerors shall submit their quote via email to the Contracting Officer and Contract Specialist by 12:00 p.m. – EDT-U.S. on 16 September 2016.

Contact Information:

Contracting Officer Larry W. Carter (443)861-4880 or larry.w.carter.civ@mail.mil Contract Specialist Stella Yates (443) 861-4877 or stella.l.yates.ctr@mail.mil image1.png