MySQL Database License and Support

DESCRIPTION:
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 PROCEDURES UNDER THE AUTHORITY OF FAR 13.5 TEST PROGRAM FOR CERTAIN COMMERCIAL ITEMS.

The National Institute of Standards and Technology (NIST) is issuing a Brand-Name only Request for Quotations (RFQ) for 1 year (12 months) of MySQL Database License and Software Support.

The 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 through Federal Acquisition Circular (FAC) 2005-80.

This acquisition is 100% set-aside for small business.

Line
Item   Description                                                             Qty   Unit   Unit Price   Total
0001   MySQL Database License and Support           1      Yr.   
          CSI 19344117

Period of performance is 12 months from date of award.

Specifications:
See enclosed document titled "Technical Requirements".

Minimum Requirements:
The acquired product(s) shall meet or exceed the technical requirements.

Acceptance/Inspection:
Operational check upon receipt.

Freight/Shipping Charges:
Not Applicable.

Warranty And Maintenance:
Standard Warranty terms shall apply. Software maintenance service shall be included.

Delivery:
Electronic Delivery.

Attachments:
1. Technical Requirements Document
2. Brand Name Justification
________________________________________
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.HTM

Provisions:
52.212-1, Instructions to Offerors-Commercial Items

52.212-3, Offeror Representations and Certifications-Commercial Items
Representation 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)

FAR Clauses:
52.212-4, Contract Terms and Conditions-Commercial Items
52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items-Commercial Items including subparagraphs:
52.219-6 Notice of Total Small Business Set-Aside;
52.219-28 Post Award Small Business Program Re-representation;
52.222-3 Convict Labor;
52.222-21 Prohibition of Segregated Facilities;
52.222-26 Equal Opportunity;
52.222‐36 Equal Opportunity for Workers with Disabilities
52.222-50 Combating Trafficking in Persons
52.223-18 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 Management

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)

52.203-99, 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)

Commerce Acquisition Regulations (CAR) Clauses:
1352.201-70, Contracting Officer's Authority
1352.209-73, Compliance with the Laws
1352.209-74, Organizational Conflict of Interest
1352.215-72, 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, 1 day 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
1352.233-71, GAO and Court of Federal Claims Protests
1352.239‐71 Electronic and Information Technology
(a) To be considered eligible for award, offerors must propose electronic and information technology (EIT) that meet the applicable Access Board accessibility standards at 36 CFR 1194 designated below:
XXXXX 1194.21 Software applications and operating systems
______ 1194.22 Web‐based intranet and internet information and applications
______ 1194.23 Telecommunications products
______ 1194.24 Video and multimedia products
______ 1194.25 Self‐contained, closed products
______ 1194.26 Desktop and portable computers
XXXXX 1194.31 Functional performance criteria
XXXXX 1194.41 Information, documentation and support

NIST Local Clause_04 Billing Instruction
NIST 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 Quotation
The Offeror shall propose a firm-fixed-price for items in CLIN 0001 - MySQL Database and License Support. Price quotations shall remain valid for a
period of 90 days from the date quotations
are due.
2. Technical Quotation
The technical quotation shall address Technical Capability: The Offeror shall submit a technical description or product literature for the equipment it is proposing, which clearly identifies the manufacturer, make and model. The Offeror must demonstrate that its proposed product meets or exceeds each minimum requirement. If applicable, evidence that the Offeror is authorized by the original product manufacturer to provide the item(s) in the quotation should be included.

Quotation Evaluation:
Basis for Award shall be technically acceptable/ lowest price. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability and 2) Price.
1. Technical Capability
Offeror's technical quotation will be evaluated to determine if the Offeror provides a sound, compliant product/approach that meets the requirements of the Government's Technical Requirements (attached).
An evaluation of Technically Acceptable / Non-Acceptable will be assigned upon completion of the technical quotation evaluation. Offerors who fail to provide sufficient information (e.g. data sheets, requirements, etc.) that clearly demonstrates an ability to meet the Government's technical requirements shall be considered non-acceptable. If an evaluation of Non-Acceptable is received, the Offeror will not be considered for Award.
2. Price
Price 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.
Price shall not be evaluated on quotes that are determined technically unacceptable under the Technical Capability Evaluation factor.

Due Date and Response Information
Offerors capable of furnishing the specified equipment in this combined synopsis/solicitation should submit their quote in writing to: Chantel Adams electronically at chantel.adams@nist.gov and Keith Bubar electronically at keith.bubar@nist.gov. FAX quotations shall not be accepted. Offerors shall submit their quotations so that NIST receives them not later than 1:00 pm EST April 16, 2015.