SOLICITATION NOTICE
D -- Accellion software
- Notice Date
- 5/8/2017
- 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
- NB184000-17-02549
- Archive Date
- 5/19/2017
- Point of Contact
- Prateema E. Carvajal, Phone: 301-975-4390, Abdul-Kudus Yahaya, Phone: 3019758497
- E-Mail Address
-
prateema.carvajal@nist.gov, abdul-kudus.yahaya@nist.gov
(prateema.carvajal@nist.gov, abdul-kudus.yahaya@nist.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND A SEPARATE WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED. THE SOLICITATION IS BEING ISSUED USING SIMPLIFIED ACQUISITION UNDER FAR PART 13. The Office of Information Systems Management has a need to renew Accellion software licenses and maintenance support to ensure continued possession of license updates and patches that is used to support the Secure File Transfer service that is used by all NIST. The associated North American Industrial Classification System (NAICS) code for this procurement is 541519- Information Technology Value Added Resellers, with a small business size standard of 150 Employees. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-95. This requirement is a 100% small business set aside. SCHDULE OF REQUIRED ITEMS: Contractor shall continue to provide updates and patches for currently owned Accellion mobile file sharing software for 500 users. This requirement also includes ancillary technical support to ensure 100% use of all software capabilities. Period of Performance for all CLINS listed below : July 1 2017 - June 30 2018. Manufacturers Number Description Qty KEUFS Accellion Collaboration System of Outlook Plugin Users with Automation, Microsoft Productivity Suite,FIPS Support July 1 2017 - June 30 2018. 600 KEAV Accellion Collaboration System Single Sign-on (SAML) July 1 2017 - June 30 2018. 1 KEVSVR-AV Accellion Collaboration System Anti Virus July 1 2017 - June 30 2018. 3 KEMT Self-Migration Tools 1 PROVISIONS AND CLAUSES: The following provisions and clauses apply to this acquisition and are hereby incorporated by reference. All FAR clauses may be viewed at http://acquisition.gov/comp/far/index.html. All Commerce Acquisition Regulations (CAR) clauses may be viewed at http://farsite.hill.af.mil/VFCARA.HTM Provisions: 52.212-1, Instructions to Offerors-Commercial Items 52.212-3, Offeror Representations and Certifications-Commercial Items 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02) (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) FAR Clauses: 52.212-4, Contract Terms and Conditions-Commercial Items 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items-Commercial Items including subparagraphs: 52.219-6 52.219-13 Notice of Total Small Business Setaside Notice of Set-Aside of Orders 52.219-28 Post Award Small Business Program Re-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 52.222-36, Equal Opportunity for Workers with Disabilities; 52.222-50 52.223-18 Combating Trafficking in Persons Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-13 Restriction on Certain Foreign Purchases; 52.232-33 Payment by Electronic Funds Transfer-System for Award Management Commerce Acquisition Regulations (CAR) Clauses: 1352.201-70, Contracting Officer's Authority 1352.209-73, Compliance With the Laws 1352.209-74, Organizational Conflict of Interest 1352.215-72, Inquiries Offerors must submit all questions concerning this solicitation in writing to the Contracting Officer. Questions should be received no later than 12:00 pm EST, 5 calendar days prior to submission deadline. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Requests shall include complete company name, address, telephone and e-mail address. FAX AND OR PHONE REQUESTS ARE NOT AUTHORIZED AND WILL NOT BE ACCEPTED. 1352.233-70, Agency Protests (APR 2010) (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: NIST/ACQUISITION MANAGEMENT DIVISION ATTN: ABDUL KUDUS-YAHAYA, CONTRACTING OFFICER 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION ATTN: HEAD OF THE CONTRACTING OFFICE (HCO) 100 Bureau Drive, MS 1640 Gaithersburg, MD 20899 (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) 1352.233-71, GAO and Court of Federal Claims Protests (APR 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) 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) NIST Local Clause_04 Billing Instruction NIST prefers electronic Invoice/Voucher submissions and they should be emailed to INVOICE@NIST.GOV. (b) Each Invoice or Voucher submitted shall include the following: (1) Contract Number. (2) Contractor Name and Address. (3) Date of Invoice. (4) Invoice Number. (5) Amount of Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number (CLIN). (7) Description, Quantity, Unit of Measure, Unit Price, and Extended Price of Supplies/Services Delivered. (8) Prompt Payment Discount Terms, if Offered. (9) Any other information or documentation required by the contract. (c) In the event electronic submissions are not used, The Contractor shall submit an original invoice or voucher in accordance with the payment provisions of this contract to: NIST: Accounts Payable Office 100 Bureau Drive, Mail Stop 1621 Gaithersburg, MD 20899-1621. (End of clause) NIST LOCAL-41, Software Licenses Addendum a) This Addendum incorporates certai11 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. (End of clause) Addendum to Far 52.212-1, Quotation Preparation Instructions: 1. Price Quotation- The Offeror shall propose a firm-fixed-price for all Line Items. 2. Technical Quotation- All offerors shall provide documentation showing that they are authorized resellers or distributors of the product(s) they are proposing or are the Manufacturer. Award will not be made to any offeror without the requested documentation. All quotations shall clearly comply with the Schedule of Required Items. 3. All offerors shall submit the information/documentation required by the provisions in this solicitation. Quotation Evaluation: The Government intends to award a purchase order resulting from this solicitation to the lowest price Offeror meeting technical acceptability requirements. To be technically acceptable, the quotation must clearly demonstrate compliance with the requirements. The Government will evaluate quotations based on the following evaluation criteria: (1) Technical Capability and (2) Price. 1. Technical Capability An offeror's failure to quote all of the products/services listed above may be considered indicative of the offerors lack of understanding of the Government's requirements and may result in the offer being determined unacceptable. If an evaluation of Non-Acceptable is received, the Offeror will not be considered for Award. An evaluation of Technically Acceptable / Non-Acceptable will be assigned upon completion of the technical quotation evaluation. Offerors who fail to provide sufficient information (e.g. documentation, specifications, etc.) that clearly demonstrates an ability to meet the Government's technical specifications will be considered non-acceptable. If an evaluation of Non-Acceptable is received, the Offeror will not be considered for Award. All offerors must be authorized to sell and service the products they are proposing to the Government, by the original manufacturer(OEM) certified engineers or technicians. 2. Price Price will be evaluated for reasonableness. Your company is encouraged to discount its rates. If price discounts are offered, identify the percentage of price discount and/or price reduction offered. The Government does not intend to enter into discussion and may award a purchase order on the basis of initial offers received, without discussions. Therefore, each initial quotation shall contain the offeror's best terms. Nonetheless, the Government reserves the right to conduct discussions if it is in the best interest of the Government. Due Date and Response Information Offerors capable of furnishing the specified repair in this combined synopsis/solicitation should submit their quote in writing to: Prateema Carvajal electronically at prateema.carvajal@nist.gov. FAX quotations shall not be accepted. Offerors shall submit their quotations so that NIST receives them not later than May 18, 2017, 8:00 am, EST.
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/DOC/NIST/AcAsD/NB184000-17-02549/listing.html)
- Place of Performance
- Address: NIST, 100 Bureau Drive, Gaithersburg, Maryland, 20899, United States
- Zip Code: 20899
- Zip Code: 20899
- Record
- SN04500607-W 20170510/170508235444-cd8721242d8156e618e0f588621b7907 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
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