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FBO DAILY ISSUE OF SEPTEMBER 05, 2009 FBO #2842
SOLICITATION NOTICE

70 -- IBM Maximo License Support and Maintenance Renewal - Items to be Procured

Notice Date
9/3/2009
 
Notice Type
Combined Synopsis/Solicitation
 
NAICS
511210 — Software Publishers
 
Contracting Office
Department of Commerce, National Institute of Standards and Technology (NIST), Acquisition Management Division, 100 Bureau Drive, Building 301, Room B129, Mail Stop 1640, Gaithersburg, Maryland, 20899-1640
 
ZIP Code
20899-1640
 
Solicitation Number
SB1341-09-RQ-0644
 
Archive Date
9/26/2009
 
Point of Contact
Keith Bubar, Phone: 3019756324
 
E-Mail Address
keith.bubar@nist.gov
(keith.bubar@nist.gov)
 
Small Business Set-Aside
N/A
 
Description
This is a list of the items to be quoted for this procurement. THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR PART 13, AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A WRITTEN SOLICITATION DOCUMENTS WILL NOT BE ISSUED. This solicitation is a request for quotation (RFQ). The solicitation document provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-36. The associated North American Industrial Classification System (NAICS) code for this procurement is 511210 with a size standard of $25 million. This acquisition cannot be set aside for small business because there is no SBA waiver to the non-manufacture rule for NAICS code 511210. This requirement is being competed on a competitive basis among responsible IBM authorized resellers/business partners. APPLICABLE PROVISIONS AND CLAUSES: The Following FAR provisions and clauses apply to this solicitation: 52.212-1 52.212-3 52.212-4 52.212-5, with the following fill-ins in paragraph (b): 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-36, 52.225-13 and 52.232-33 The following NIST Local clauses apply to this solicitation: NIST Local 41 - SOFTWARE LICENSE ADDENDUM (a) This Addendum incorporates certain terms and conditions relating to federal procurement actions. The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties. Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41 U.S.C. Section 601 et.seq., and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those having jurisdiction over federal procurement matters. Attorney's Fees: Attorney's fees are payable by the federal government in any action arising under this contract only pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504. No Indemnification: The federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a). Assignment: Payments may only be assigned in accordance with the Assignment of Claims Act, 31 U.S.C. Section 3727, and FAR Subpart 32.8, "Assignment of Claims." Invoices: Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. Section 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. Patent and Copyright Infringement: Patent or copyright infringement suits brought against the United States as a party may only be defended by the U.S. Department of Justice (28 U.S.C. Section 516). Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. Renewal may only occur in accord with (1) the mutual agreement of the parties; or (2) an option renewal clause allowing the government to unilaterally exercise one or more options to extend the term of the agreement. The following standards of Section 508 of the Rehabilitation Act of 1973 apply to this acquisition: 1194.21 1194.31 1194.41 Brand Name Justification: IBM Maximo is the primary management software package utilized by NIST Chief Facilities Management Office for ongoing projects and maintaining inventory for the storeroom. This software requires yearly renewal of licenses and maintenance, and the purchase of other software rather than the purchase of renewal for the existing software would prove to be detrimental to NIST and would disrupt operations for an extended period of time. Any interested, responsible IBM-authorized resellers/business partners may provide a quote for the line items detailed in the attached document. PLEASE SEE ATTACHED. QUOTATION SUBMISSION INSTRUCTIONS ADDENDUM TO PROVISION 52.212-1 - QUOTATION SUBMISSION INSTRUCTIONS (b) Submission of quotations. Submit signed and dated quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotations must include- (1) The solicitation number; (2) The name, address, and telephone number of the offeror; (3) Terms of any express warranty; (4) FOB destination-based on firm-fixed-price for the products and services in the attached documents; (5) Documentation of compliance with the required Section 508 standards; (6) Evidence that the offeror is authorized by IBM to sell the required products and services; and (7) If the quotation is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c)Period of acceptance of Offers. The offeror agrees to hold the price in its offer firm for 30 calendar days from the dates specified for receipt of offers, unless another time period is specified in an addendum to the solicitation (d)The period of performance for the services is from 10/01/2009 to 09/31/2010. All quotes shall be received not later than 12:00 PM Eastern Time on September 11, 2009 at keith.bubar@nist.gov. Faxed quotes will not be accepted. EVALUATION FACTORS FOR AWARD *** The government intends to award a purchase order to the responsible IBM-authorized offeror whose technically acceptable quotation represents the lowest prices.
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/DOC/NIST/AcAsD/SB1341-09-RQ-0644/listing.html)
 
Place of Performance
Address: 100 Bureau Drive, Gaithersburg, Maryland, 20879, United States
Zip Code: 20879
 
Record
SN01939395-W 20090905/090904000748-1b89fbafe0b51787ce4bed97a3b5c207 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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