Open Text Software Renewals FY19

***REQUIREMENTS CHANGE - SEE REVISED BOM***
Solicitation is amended due to a change in the Bill of Materials (BOM) requirements. Please see attached revised BOM. Response date is extended to allow time for respondents to obtain quotes. Quote must be submitted via email to the Contract Specialist, Tamara McDermott, at tamara.mcdermott@nih.gov on or before March 12, 2019 10:00 am EST..

I. OVERVIEW: This notice is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 "Streamlined Procedures for Evaluation and Solicitation for Commercial Items," as applicable, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation document will not be issued. Submit offers on RML-RFQ-C-1951920.

This solicitation is a request for quotes (RFQ). The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-01 effective January 22, 2019. The associated North American Industry Classification System (NAICS) code for this procurement is 511210 Software Publishers with a small business size standard of $38.5M. This acquisition will be processed under Simplified Acquisition Procedures, FAR Subpart 13.5 - Simplified Procedures for Certain Commercial Items and is not a total small business set aside. It is anticipated that one firm fixed price contract will be awarded.

II. STATEMENT OF NEED: The National Institute of Allergy and Infectious Diseases (NIAID) seeks, on a brand name only basis, to continue to license Open Text's Content Server and related software. Content Server is the software primarily used by NIAID's Electronic Document and Records Management System (EDRMS) program to manage the Institute's high-value electronic documents and business process automation solutions. All interested vendors shall provide quotation(s) for the products listed in the attached Bill of Materials (BOM). Competition is restricted to offerors that are an authorized by Open Text to provide the requested brand name products. A brand name justification is attached.

III. PERIOD OF PERFORMANCE: March 1, 2019 - February 29, 2020.

IV. DELIVERY: FOB Point shall be Destination, Rockville, MD. Place of Performance is NIH/NIAID, 5601 Fishers Lane, Rockville, MD 20852.
V. INSTRUCTIONS: All interested vendors shall provide a quote for the requirement as outlined in the Bill of Materials (BOM). The Government may evaluate only those quotes that fully meet the requirements as outlined in the BOM and respond to the instructions and requirements below. Failure to furnish a full and complete quote as instructed may result in the Offeror's response being considered non-responsive and will therefore be eliminated from further consideration and award.

Quote must be submitted via email to the Contract Specialist, Tamara McDermott, at tamara.mcdermott@nih.gov on or before February 26, 2019 5:00 pm EST. All or part of the successful offeror's quote may be incorporated in any contract resulting from this solicitation. The successful offeror's quote may be incorporated by reference.

By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the System for Award Management (SAM) https://www.sam.gov/portal/public/SAM/ (Previously CCR at www.ccr.gov) prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. [Note: Lack of registration in the SAM will make an offeror ineligible for award].

VI. SECTION 508: Requirements for accessibility based on Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) are determined to be relevant for the following program need: "Application/Operating System Software."

Technical standards from 36 CFR part 1194 Subpart B have been determined to apply to this acquisition. Solicitation respondents must describe how their proposed Electronic and Information Technology (EIT) deliverables meet at least those technical provisions identified as applicable in the attached Government Product/Service Accessibility Template (GPAT).

Functional performance criteria from 36 CFR part 1194 Subpart C have been determined to apply to this acquisition. Solicitation respondents must describe how their proposed Electronic and Information Technology (EIT) deliverables meet at least those functional performance criteria identified as applicable in the attached Government Product/Service Accessibility Template (GPAT).

Information, documentation, and support requirements from 36 CFR part 1194 Subpart D have been determined to apply to this acquisition. Solicitation respondents must describe how the information, documentation, and support proposed for Electronic and Information Technology (EIT) deliverables meet at least those information, documentation, and support requirements identified as applicable in the attached Government Product/Service Accessibility Template (GPAT).

VII. EVALUATION: NIAID will evaluate quotes to determine the best interest to the government. Award will be made on a lowest-priced technically acceptable basis considering the following three factors: technical, past performance, and price. Technical considerations include: Bill of Materials specifications, authorized reseller status, delivery, and warranty. NIAID will first evaluate offeror's prices, and then evaluate the apparent lowest-priced offer for acceptability under the technical and past performance factors. If the lowest-price offeror is evaluated as unacceptable, NIAID will then consider the acceptability of the next lowest-price offeror, continuing this process as necessary.

VIII. SPECIAL NOTICE TO OFFERORS
Offerors are advised that the Government may share your information with non-government personnel who are assisting with the evaluation of quotes. The exclusive responsibility for source selection will reside with the Government. By submitting your offer, you will be consenting to disclosure of your offer to non-government personnel for purposes of evaluation.

IX. DISCUSSIONS: The Government intends to award without discussions but reserves the right to conduct discussions should it be deemed in the Government's best interest.

X. PROVISIONS, CLAUSES & OTHER
Offerors must complete annual representations and certifications on-line at http://www.sam.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items.

The following Federal Acquisition Regulations (FAR) provisions and clauses are incorporated by reference and full text versions may be accessed electronically at: https://www.acquisition.gov/far/.
FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements of Statements - Representation (Jan 2017)
FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)
FAR 52.204-7 System for Award Management (Oct 2018)
FAR 52.204-13 System for Award Management Maintenance (Oct 2018)
FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)
FAR 52.212-1 Instruction to Offerors - Commercial Items (Oct 2018)
FAR 52.212-4 Contract Terms and Conditions - Commercial Items (Oct 2018)
FAR 52.227-19 Commercial Computer Software License (Dec 2007)
FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

The following additional Health and Human Services Acquisition Regulations (HHSAR) provisions and clauses are applicable to this requirement:
HHSAR 352.203-70 Anti-Lobbying (December 18, 2015)
HHSAR 352.208-70 Printing and Duplication (December 18, 2015)
HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015)
HHSAR 352.239-73 Electronic and Information Technology Accessibility Notice (December 18, 2015)
Copies of the above-referenced clauses are available from http://www.hhs.gov/policies/hhsar/ or upon request, either by telephone or fax.

The following additional HHSAR and FAR provisions and clauses are applicable to this requirement and provided in full text as an attachment:

HHSAR 352.239-74 Electronic and Information Technology Accessibility (December 18, 2015)
FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jan 2019)

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