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FBO DAILY - FEDBIZOPPS ISSUE OF FEBRUARY 11, 2015 FBO #4827
SOLICITATION NOTICE

70 -- Brand-Name for All Pro Solutions Product - Brand Name JOFOC

Notice Date

2/9/2015
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

541519 — Other Computer Related Services
 

Contracting Office

Department of Commerce, National Institute of Standards and Technology (NIST), Acquisition Management Division, 100 Bureau Drive, Building 301, Room B130, Gaithersburg, Maryland, 20899-1410, United States
 

ZIP Code

20899-1410
 

Solicitation Number

SB1342-15-RQ-00893
 

Archive Date

3/7/2015
 

Point of Contact

Cheryl S. Rice, Phone: 7036056041, Robert Coyle, Phone: 7036056116
 

E-Mail Address

crice@ntis.gov, Robert.Coyle@nist.gov
(crice@ntis.gov, Robert.Coyle@nist.gov)
 

Small Business Set-Aside

Total Small Business
 

Description

Brand Name Justification This is a combined synopsis/solicitation for commercial items prepared in accordance with the Federal Acquisition Regulation (FAR) format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is being issued in conjunction with FAR Part 13 - Simplified Acquisition Procedures, as applicable. The solicitation number is SB1342-15-RQ-00893. This solicitation is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses in effect through the Federal Acquisition Circular (FAC) FAC 2005-78, dated December 26, 2014. This acquisition is solicited as a total small business set-aside competitive requirement. This is an all-or-nothing requirement. Partial quotes will be deemed unresponsive and will be not be evaluated. The associated North American Industry Classification System (NAICS) Code is 541519 - Other Computer Related Services, Except Information Technology Value Added Resellers; Small Business Size Standard is 150 in number of employees. The National Technical Information Service intends to issue a Firm-Fixed Price purchase order as a result of this solicitation. BRAND NAME ONLY - Supplies or Services and Prices/Costs. CLIN 0001: All Pro Solutions Zeus Series 2H Automated 2-drive Standalone Blue-Ray/DVD/CD Publisher w/Built-in PC, Integrated SpeedJet Inkjet Printer and Automated 220 Disc Capacity, Self-contained, fully embedded PC w/Windows 7 preinstalled; Networking and labeling software reinstalled; Asynchronous CD/DVD and Blu-Ray Disc Production & Printing w/English language; Quantity: 10 EA; CLIN 0002: All Pro Solutions Zeus Series Software Development Kit (SDK); Quantity: 10 EA; CLIN 0003: All Pro Solutions Zeus Series-Client-U, Zeus Unlimited Client License; Quantity: 10 EA. Price shall include shipping and ground delivery. New equipment only: The components and/or equipment shall be newly manufactured, not used, refurbished, or previously used for demonstration. The contractor shall warranty all systems for parts and labor for a minimum of 12 months from date of Government's formal acceptance. Warranty: 12 months parts and labor period after date of delivery and acceptance; and 3-year warranty on the autoloader. Place of Delivery: The delivery address will be: National Technical Information Service (NTIS), 6441 E. General Green Way, Alexandria, VA 22312, M/F: Shipping and Receiving Warehouse. Period of Performance: Delivery shall be 60 calendar days after award. The clause at 52.212-4, Contract Terms and Conditions-Commercial Items (DEC 2014), applies to this acquisition. The following addenda have been attached to the clause. 52.204-7 System for Award Management (JUL 2013) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (DEC 2014) applies to this acquisition. Additional FAR 52.212-5 clauses cited in the clause application to this acquisition are: 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations; 52.222-50 Combating Trafficking in Persons; 52.233-3 Protest After Award; 52.233-4 Applicable Law for Breach of Contract Claim; 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards; 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment; 52.219-6 Notice of Total Small Business Set-Aside; 52.219-13 Notice of Set-Aside of Orders 52.219-28 Post Award Small Business Program Representation; 52.222-3 Convict Labor; 52.222-19 Child Labor-Cooperation with Authorities and Remedies; 52.222-21 Prohibition of Segregated Facilities; 52.222-26 Equal Opportunity; 52.222-36 Affirmative Action for Workers with Disabilities; 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving; 52.225-3 Alt I -- Buy American -Free Trade Agreements - Israeli Trade Act 52.225-13 Restrictions on Certain Foreign Purchases; 52.232-33 Payment by Electronic Funds Transfer-System for Award Management 52.247-34 F.O.B. Destination (END OF CLAUSES) The provision at FAR 52.212-1 - Instructions to Offerors - Commercial Items (APR 2014) applies to this solicitation. The provision at FAR 52.212-2 - Evaluation - Commercial Items (JAN 1999) is applicable to this solicitation. The specific evaluation criteria to be included in paragraph (a) of that provision are as follows: (a) The Government will award a firm-fixed price purchase order resulting from this solicitation to the responsible offeror whose offer is lowest price technically acceptable. The following factors shall be used to evaluate quotes: (i) Technically Acceptable - A vendor must be an authorized All Pro Solutions reseller with acceptable past performance/experience and; must submit Voluntary Product Accessibility Template (VPAT) with quote. (ii) Price (b) Options: N/A (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 offer's specified expiration time, the Government may accept an offer whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. The provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (MAY 2014) applies to this acquisition. An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at: https://www.sam.gov/portal/public/SAM/#1. Commerce Acquisition Regulations - 1352.102 Incorporated in full text. 1352.201-70 CONTRACTING OFFICER's AUTHORITY (APR 2010) The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.(End of clause) 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. (End of clause) 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. 1352.239-70 SOFTWARE LICENSE ADDENDUM (APR 2010) - (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. (b) 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 fora that have jurisdiction over Federal procurement matters. (c) 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. (d) 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). (e) 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." (f) 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. (g) 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). (h) Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. (i) 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. 1352.239-71 ELECTRONIC AND INFORMATION TECHNOLOGY (APR 2010) (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: ___ 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 _X _ 1194.25 Self-contained, closed products ___ 1194.26 Desktop and portable computers _X_ 1194.31 Functional performance criteria _ X _ 1194.41 Information, documentation and support (b) The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future. (c) Alternatively, offerors may propose products and services that provide equivalent facilitation. Such offers will be considered to have met the provisions of the Access Board standards for the feature or components providing equivalent facilitation. If none of the offers that meet all applicable provisions of the standards could be accepted without imposing an undue burden on the agency or component, or if none of the offerors propose products or services that fully meet all of the applicable Access Board's provisions, those offerors whose products or services meet some of the applicable provisions will be considered eligible for award. Awards will not be made to an offeror meeting all or some of the applicable Access Board provisions if award would impose an undue burden upon the agency. (d) Offerors must submit representation information concerning their products by completing the VPAT template at http://www.Section508.gov. 1352.239-72 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES (APR 2010) (a) Applicability. This clause is applicable to all contracts that require contractor electronic access to Department of Commerce sensitive non-national security or national security information contained in systems, or administrative control of systems by a contractor that process or store information that directly supports the mission of the Agency. (b) Definitions. For purposes of this clause, the term "Sensitive" is defined by the guidance set forth in the Computer Security Act of 1987 (Pub. L. 100-235), including the following definition of the term: (1) Sensitive information is " * * * any information, the loss, misuse, or unauthorized access to, or modification of which could adversely affect the national interest or the, conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (The Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy." (2) For purposes of this clause, the term "National Security" is defined by the guidance set forth in: (i) The DOC IT Security Program Policy and Minimum Implementation Standards, Section 4.3. (ii) The DOC Security Manual, Chapter 18. (iii) Executive Order 12958, as amended, Classified National Security Information. Classified or national security information is information that has been specifically authorized to be protected from unauthorized disclosure in the interest of national defense or foreign policy under an Executive Order or Act of Congress. (3) Information technology resources include, but are not limited to, hardware, application software, system software, and information (data). Information technology services include, but are not limited to, the management, operation (including input, processing, transmission, and output), maintenance, programming, and system administration of computer systems, networks, and telecommunications systems. (c) The contractor shall be responsible for implementing sufficient Information Technology security, to reasonably prevent the compromise of DOC IT resources for all of the contractor's systems that are interconnected with a DOC network or DOC systems that are operated by the contractor. (d) All contractor personnel performing under this contract and contractor equipment used to process or store DOC data, or to connect to DOC networks, must comply with the requirements contained in the DOC Information Technology Management Handbook ( see DOC, Office of the Chief Information Officer Web site), or equivalent/more specific agency or operating unit counsel guidance as specified immediately hereafter [insert agency or operating unit counsel specific guidance, if applicable]. (e) Contractor personnel requiring a user account for access to systems operated by the contractor for DOC or interconnected to a DOC network to perform contract services shall be screened at an appropriate level in accordance with Commerce Acquisition Manual 1337.70, Security Processing Requirements for Service Contracts. (f) Within 5 days after contract award, the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed initial IT security orientation training in DOC IT Security policies, procedures, computer ethics, and best practices, in accordance with DOC IT Security Program Policy, chapter 15, section 15.3. The COR will inform the contractor of any other available DOC training resources. Annually thereafter the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed annual refresher training as required by section 15.4 of the DOC IT Security Program Policy. (g) Within 5 days of contract award, the contractor shall provide the COR with signed acknowledgement of the provisions as contained in Commerce Acquisition Regulation (CAR), 1352.209-72, Restrictions Against Disclosures. (h) The contractor shall afford DOC, including the Office of Inspector General, access to the contractor's and subcontractor's facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of DOC data or to the function of computer systems operated on behalf of DOC, and to preserve evidence of computer crime. (i) For all contractor-owned systems for which performance of the contract requires interconnection with a DOC network on which DOC data will be stored or processed, the contractor shall provide, implement, and maintain a System Accreditation Package in accordance with the DOC IT Security Program Policy. Specifically, the contractor shall: (1) Within 14 days after contract award, submit for DOC approval a System Certification Work Plan, including project management information (at a minimum the tasks, resources, and milestones) for the certification effort, in accordance with DOC IT Security Program Policy and [Insert agency or operating unit counsel specific guidance, if applicable]. The Certification Work Plan, approved by the COR, in consultation with the DOC IT Security Officer, or Agency/operating unit counsel IT Security Manager/Officer, shall be incorporated as part of the contract and used by the COR to monitor performance of certification activities by the contractor of the system that will process DOC data or connect to DOC networks. Failure to submit and receive approval of the Certification Work Plan may result in termination of the contract. (2) Upon approval, follow the work plan schedule to complete system certification activities in accordance with DOC IT Security Program Policy Section 6.2, and provide the COR with the completed System Security Plan and Certification Documentation Package portions of the System Accreditation Package for approval and system accreditation by an appointed DOC official. (3) Upon receipt of the Security Assessment Report and Authorizing Official's written accreditation decision from the COR, maintain the approved level of system security as documented in the Security Accreditation Package, and assist the COR in annual assessments of control effectiveness in accordance with DOC IT Security Program Policy, Section 6.3.1.1. (j) The contractor shall incorporate this clause in all subcontracts that meet the conditions in paragraph (a) of this clause.(End of clause) The Government intends to make a single purchase order award but reserves the right to make no award as a result of this request for quotation to the offeror whose offer provides the lowest price technical acceptable quote. Offerors that fail to complete the required representations and certifications, or reject the terms and conditions of the solicitation, may be excluded from consideration. All responsible sources are encouraged to submit a quote, which if received timely, shall be considered. Quote shall reference solicitation number SB1342-15-RQ-00893. Quotes are due on or before February 20, 2015, 3:00 PM, EST and shall be submitted by email to: crice@ntis.gov For information regarding this solicitation, please contact Cheryl Rice at (703) 605-6041. Primary Point of Contact: Cheryl S. Rice, Contract Specialist crice@ntis.gov Phone: 703-605-6041 Secondary Point of Contact: Robert Coyle, Contracting Officer Robert.Coyle@ nist.gov Phone: 703-605-6116 Contracting Office Address: 5301 Shawnee Road, Room 304 Alexandria, VA 22312 United States
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DOC/NIST/AcAsD/SB1342-15-RQ-00893/listing.html)
 

Place of Performance

Address: NTIS, 6441 E. Green Green Way, Alexandria, Virginia, 22312, United States

Zip Code: 22312
 

Record

SN03637402-W 20150211/150209234912-08bf24e4259292935f03afb7ff8e852f (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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