SOLICITATION NOTICE
D -- D - Automatic Data Processing and Telecommunication Services- Technical Support Renewal for EM7 Network Monitoring Tool – College Park, MD - SON
- Notice Date
- 5/27/2015
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 423430
— Computer and Computer Peripheral Equipment and Software Merchant Wholesalers
- Contracting Office
- Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition Division, Norfolk Federal Building, 200 Granby Street, Norfolk, Virginia, 23510, United States
- ZIP Code
- 23510
- Solicitation Number
- EG-133W-15-RQ-0562
- Archive Date
- 6/12/2015
- Point of Contact
- Chelsea Henline, Phone: 7574416454
- E-Mail Address
-
chelsea.henline@noaa.gov
(chelsea.henline@noaa.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- Brand Name Justification Statement of Need This is a combined synopsis/solicitation for Technical Support Renewal of EM7 software licenses, prepared in accordance with the format at FAR Subpart 12.6, as supplemented with additional information included in this notice, and is being conducted pursuant to FAR Part 12 and 13. The synopsis/solicitation constitutes a Request for Quotes (RFQ) and incorporates provisions and clauses in effect through Federal Acquisition Circular No. 2005-81 dated 04/10/2015. Should the Government issue an order resulting from this RFQ, it will be in the form of a written offer to the supplier and shall require the supplier's acceptance by notification to the Government, in writing, as defined at FAR 2.101. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. This RFQ is 100 percent set aside for small businesses. The associated North American Industry Classification System (NAICS) code for this requirement is 423430, which has a corresponding size standard of 500 employees. The Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Eastern Region Acquisition Division, Norfolk, VA, is soliciting a requirement on behalf of NOAA's National Weather Service/NCEP Central Operaitons, College Park, MD for control Technical Support Renewal of EM7 software licenses. Award of a firm fixed price purchase order is anticipated utilizing Simplified Acquisition Procedures. The contractor is responsible for providing all requirements in accordance with the characteristics attached to this RFQ. Services proposed must meet all characteristics and requirements listed in attachment(s). The total period of performance of all work is as follows: Base Year: 05/29/2015- 05/28/2016 Option Year One: 05/28/2016- 05/27/2017 Provide the following contract line item numbers (CLINs): CLIN 0001: Technical Support Renewal: EM7 Network Monitoring Tool, in accordance with attached Statement of Need. (Price includes shipping costs - F.O.B. Destination). POP of May 29, 2015 through May 28, 2016. 1 LO tiny_mce_marker________________________ The Government intends to award a firm-fixed price purchase order for this requirement utilizing simplified acquisition procedures. The following FAR provisions and clauses apply to this solicitation and are incorporated by reference: FAR 52.252-1 Solicitation Provisions Incorporated by Reference and FAR 52.252-2 Clauses Incorporated by Reference. This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at www.acquisition.gov. Federal Acquisition Regulation (FAR) and Commerce Acquisition Regulation (CAR) provisions and clauses that are included in this solicitation are denoted by the applicable acronyms. FAR CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (FEB 2012) applies to this acquisition with the following addenda: (a) CAR 1352.246-70 PLACE OF ACCEPTANCE (DEC 2014) NCEP Central Operations 5830 University Research Court College Park, MD 20740 (g) NOAA/ERAD INVOICES (APR 2011) Invoices may be submitted electronically to the POC; original invoices shall be submitted to the designated billing office as follows: NWS/Systems Engineering Center Attn: Thomas Day 1325 East-West Hwy, SSMC-2 Silver Spring, MD 20910 An electronic copy of invoices shall be submitted to the Contracting Office identified in this RFQ. Payment will be made by the Department of Commerce/NOAA Finance Systems Admin Branch/OFA112, 20020 Century Blvd., CXXI I-B&D, Germantown, MD 20874. (End of clause) (j) FAR 52.247-34 F.O.B. DESTINATION (NOV 1991) (q) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) (r) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (u) CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010) ***End addendum to FAR CLAUSE, 52.212-4, CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (DEC 2014)*** FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013) (Reference 52.232-39) FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference 52.232-40) FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013) (Reference 52.204-13) FAR 52.212-2, EVALUATION--COMMERCIAL ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (1) The offerors capability to successfully perform the contract (2) Price. (b) "Options." The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (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 (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (Apr 2015) XX (4) 52.204-10, Reporting Executive Compensation and First- Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). XX (8) 52.209-6, Protecting the Government`s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note). XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). XX (26) 52.222-19, Child Labor - Cooperation with Authorities and Remedies(Jan 2014) (E.O. 13126). XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). XX (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). XX(41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). XX (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)(E.O.`s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). XX (50) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) (31 U.S.C. 3332). (End of Clause) ***End of FAR CLAUSE 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 2015) *** 52.217-5 -- Evaluation of Options Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of Provision) 52.217-8 -- Option to Extend Services 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 one (1) day. (End of Clause) 52.217-9 -- Option to Extend the Term of the Contract (a) The Government may extend the term of this contract by written notice to the Contractor within one (1) day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least one (1) 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 two (2) years. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov (End of Clause) CAR 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) CAR 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) CAR 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. (End of clause) CAR 1352.233-70 Agency Protests (a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999). (b) Agency protests filed with the Contracting Officer shall be sent to the following address: Heather Hirshman- heather.hirshman@noaa.gov 200 Granby Street, 8th floor Norfolk, VA 23510 (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: same as above (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482-5858. (End of clause) CAR 1352.239-72 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES (APR 2010) (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. FAR 52.203-98 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (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) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (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) ATTACHMENT B Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015) (1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113- 235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 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 an 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 Offerer 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) The following FAR Provisions and Clauses are incorporated by reference: 52.212-1, Instructions to Offerors (JUN 2008) 52.212-3, Offeror Representations and Certifications-Commercial Items (DEC 2014) 52.212-4, Contract Terms and Conditions-Commercial Items (DEC 2014) 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (MAR 2015) applies to this acquisition and the following additional FAR clauses cited in the clause at paragraph (b) are applicable to this acquisition: 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) 52.209-6, Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) 52.219-6, Notice of Total Small Business Set Aside, (NOV 2011) 52.219-28, Post Award Small Business Program Representation (JUL 2013) 52.222-3, Convict Labor, (JUN 2003) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2014) 52.222-21, Prohibition of Segregated Facilities, (FEB 1999) 52.222-26, Equal Opportunity, (MAR 2007) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-50, Combating Trafficking in Persons (MAR 2015) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-1, Buy American Act -- Supplies, (MAY 2014) 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act (MAY 2014) 52.225-13, Restrictions on Certain Foreign Purchases, (JUN 2008) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management, (JUL 2013) 52.232-39, Unenforceability of Unauthorized obligations (JUN 2013) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) No other additional contractual terms and conditions are applicable. In order to comply with the Debt Collection Improvement Act of 1996, ALL Vendors must be registered in the System for Award Management (SAM) to be considered for an award of a Federal contract. For information regarding registration in SAM, contact the SAM website at www.sam.gov. Additionally, each offeror must obtain, and provide with the quote, their nine-digit Dun and Bradstreet (DUNS) number. All questions pertaining to this RFQ must be submitted in writing to Chelsea.henline@noaa.gov. (E-mail only) by 7:00 A.M. EST on May 28, 2015. All responsible sources may submit a quotation which shall be considered by the agency. Quotes must be submitted via electronic means (e-mail) by 2:00 P.M. EST on May 28, 2015; any award resulting from this RFQ will be made based on meeting technical specifications, delivery date, and price. Quotes must be submitted electronically via e-mail to Chelsea.henline@noaa.gov The anticipated award date is on or about May 28, 2015. Contractors are encouraged to register with the FedBizOpps Vendor Notification Service as well as the Interested Vendors List for this acquisition (see applicable tab within FedBizOpps where this synopsis/solicitation is posted). Potential offerors may direct all inquiries pertaining to the solicitation in writing to Chelsea.henline@noaa.gov. Telephonic requests will not be honored.
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