A08_-_Solicitation...docx

SOLICITATION

1. Class Code: 59

2. NAICS Code: 541511

3. Subject: NOTICE OF INTENT TO SOLE SOURCE - Software and Gateware for the Sayma v2.0 printed circuit board.

4. Solicitation Number: W911QX-19-Q-0060.

5. Set-Aside Code: NA

6. Response Date: August 9, 2019 11:59 AM ET

7. Place of Performance: Contractor Site

Disclaimer:

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

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-03, Effective 12 June 2019.

For purposes of this acquisition, the associated NAICS code is 511210. The small business size standard is $38.5 million.

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

CLIN 0001: Sayma Software Development – Firm Fixed Price-Level of Effort (FFP-LOE) CLIN 0002: Data Deliverables – Not Separately Priced (NSP) CLIN 0003: Contract Manpower Reporting (NSP)

Specifications/Requirement: SEE ATTACHED DOCUMENT TITLED “PWS” and DD 1423.

Period of Performance is nine (9) months after Contract Award. All deliverables shall be sent to US Army Research Laboratory 2800 Powder Mill Road Adelphi, Maryland 20783-1138. Acceptance shall be performed at destination. The FOB point is destination.

I. 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. Intent to Solicit Only One Source:

The proposed contract action is for supplies or services for which the Government is soliciting and negotiating a FPP-LOE contract with only one source under the authority of FAR 13.501(a). The name of the company the Government intends to award a contract to is M-Labs Limited, 5/F Yat Chau Bldg. 262 Des Voeux Road C, Sheung Wan, Hong Kong, China. 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.

If an offeror other than the intended sole source provides a proposal and compelling evidence that the offeror is capable of meeting the Government’s requirement, the following evaluation criteria will be utilized:

Evaluation Criteria

In accordance with FAR 13.106-2(b)(3), comparative evaluation procedures will be utilized. Comparative evaluation is the comparison of all offers received in response to this solicitation against each other. An item-by-item comparison of each offer to one another will be performed to determine which offer provides the most benefit to the Government. Award will be made to the offer that is most advantageous to the Government. The Government may award to the lowest priced offeror that meets the Government’s minimum requirements; however, the Government reserves the right to award to a higher priced offeror exceeding the minimum requirements if it is most advantageous to the Government. In order to be considered for award, an offer must meet the Government’s minimum technical requirement contained in this solicitation.

III. The following FAR/DFARS provisions/clauses cited are applicable:

FAR:

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

52.204-13 System for Award Management Maintenance.

52.204-14 Service Contract Reporting Requirements.

52.204-16 Commercial and Government Entity Code Reporting.

52.204-18 Commercial and Government Entity Code Maintenance.

52.204-19 Incorporation by Reference of Representations and Certifications.

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

52.204-22 Alternative Line Item Proposal.

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

52.204-7 System for Award Management.

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

52.216-30 Time-and-Materials/Labor-Hour Proposal Requirements-Non-Commercial Item Acquisition without Adequate Price Competition.

52.219-13 Notice of Set-Aside of Orders.

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving.

52.227-1 Authorization and Consent, - (Alternate II) 52.227-14 Rights in Data-General, – (Alternate I) 52.227-23 Rights to Proposal Data (Technical).

52.227-16 Additional Data Requirements.

52.233-3 Protest after Award.

52.245-1 Government Property. - (Alternate I) 52.245-9 Use and Charges..

52.246-9 Inspection of Research and Development (Short Form).

52.249-14 Excusable Delays.

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

DFARS:

252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

252.203-7005 Representation Relating to Compensation of Former DoD Officials. As prescribed in 203.171-4(b), insert the following provision:

252.204-7003 Control of Government Personnel Work Product.

252.204-7006 Billing Instructions.

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

252.211-7007 Reporting of Government-Furnished Property.

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

252.222-7002 Compliance with Local Labor Laws (Overseas).

252.225-7041 Correspondence in English.

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States.

252.225-7048 Export-Controlled Items.

252.227-7003 Termination.

252.227-7016 Rights in Bid or Proposal Information.

252.227-7019 Validation of Asserted Restrictions--Computer Software.

252.227-7022 Government Rights (Unlimited).

252.227-7032 Rights in Technical Data and Computer Software (Foreign).

252.227-7039 Patents--Reporting of Subject Inventions.

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

252.232-7008 Assignment of Claims (Overseas).

252.232-7010 Levies on Contract Payments.

252.233-7001 Choice of Law (Overseas).

252.235-7011 Final Scientific or Technical Report.

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

252.242-7006 Accounting System Administration.

252.244-7000 Subcontracts for Commercial Items 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property.

252.245-7002 Reporting Loss of Government Property.

252.245-7003 Contractor Property Management System Administration.

252.247-7028 Application for U.S. Government Shipping Documentation/ Instructions.

IV. 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):

FAR:

52.204-1 Approval of Contract.

52.211-8 Time of Delivery. - (Alternate III) 52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

52.216-7 Allowable Cost and Payment.

52.227-11 Patent Rights-Ownership by the Contractor. (2014) 52.227-13 Patent Rights-Ownership by the Government. - (Alternate I) 52.227-15 Representation of Limited Rights Data and Restricted Computer Software.

52.227-3 Patent Indemnity. - (Alternate II) 52.252-1 Solicitation Provisions Incorporated by Reference.

52.252-2 Clauses Incorporated by Reference.

52.252-4 Alterations in Contract.

DFAR:

252.227-7013 Rights in Technical Data--Noncommercial Items.

252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation.

252.232-7006 Wide Area Work Flow Payment Instructions.

252.235-7010 Acknowledgment of Support and Disclaimer.

252.245-7004 Reporting, Reutilization, and Disposal. (2017)

LOCAL INSTRUCTIONS:

ACC - APG Point of Contact Technical Point of Contact Type of Contract FFP LOE Explanation of Price Contractor Manpower Reporting Government Inspection and Acceptance Tax Exemption Certificate (ARL) Tax Exemption Cert. (ARL) Duty-Free Entry

Place of Performance: Contractor Site image1.emf