SOLICITATION NOTICE
70 -- Kayako Fusion Software License Renewal - Justification for Other Than Full and Open Competition
- Notice Date
- 4/22/2015
- 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-0310
- Archive Date
- 5/15/2015
- 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
- Justification for Other than Full and Open Competition 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-0310 and 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 2005-81, dated April 10, 2015. The associated North American Industry Classification System (NAICS) Code is 541519 - Information Technology Value Added Resellers; Small Business Size Standard is 150 in number of employees. The acquisition is solicited as a total small business aside. The National Technical Information Service intends to issue a Firm-Fixed Price purchase order as a result of this solicitation. Brand Name Only - Kayako Fusion Software License Renewal. SUPPLIES OR SERVICES AND PRICES/COSTS, see Attachment A for contract line item numbers 0001-0003, item description, quantity, and period of performance. Method of delivery and acceptance is electronically. Background/Purpose: Kayako Fusion License renewal consisting of domain, support test, and helpdesk for 30 licenses. Place of Performance: The delivery address: National Technical Information Service (NTIS),5301 Shawnee Road, Rm. 304, Alexandria, VA 22312. Period of Performance: Base year and one option year at 12 months each. 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 (OCT 2014) 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 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) To be technically acceptable, an offeror must be an authorized reseller to make transactions for the license renewal and new purchases. (ii) Price (b) Options: Evaluation of price will be inclusive of options. (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. Offerors shall include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (MAR 2015) with its offer. An offeror shall complete only paragraph (b) of the provision if the offeror has completed the annual representations and certifications electronically at: https://www.sam.gov. 52.204-7 System for Award Management (JUL 2013). The clause at 52.212-4, Contract Terms and Conditions-Commercial Items (DEC 2014), applies to this acquisition and are incorporated by reference. Addenda applicable to 52.212-4 are: 52.217-8 - Options to Extend Services (NOV 1999) - The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to the contract expiration date. (End of clause); and FAR 52.217-9 - Option to Extend the Term of the Contract (MAR 2000) - (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to the contract expiration date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 29 (months). (End of clause). F AR clauses and provisions can be obtained at http://acquisition.gov FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (MAR 2015). The following FAR clauses in paragraph (b) apply to this acquisition and are incorporated by reference: 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 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 52.247-34 - F.O.B. Destination 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. 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. 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. As a result of this RFQ, the Government intends to make a single purchase order award to the offeror whose offer provides the lowest price technically acceptable quote. The Government reserves the right to make no award. Assurance 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, 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 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) By accepting this award or order, in writing or by performance, the offer/contractor assures that - a) The offeror/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months; b) The offeror/contractor 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) 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-0310. Quotes are due on or before May 1, 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 Rice, Contract Specialist crice@ntis.gov : 703-605-6041 Phone Secondary Point of Contact: Robert Coyle Contracting Officer Robert.coyle@nist.gov : 703-605-6116 Phone 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-0310/listing.html)
- Place of Performance
- Address: 5301 Shawnee Road, Room 304, Alexandria, VA 22312, United States, Alexandria, Virginia, 22312, United States
- Zip Code: 22312
- Zip Code: 22312
- Record
- SN03707115-W 20150424/150422234536-bbc7b65a77217791c907c1a47cd64132 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
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