This is a combined synopsis/solicitation for Commercial Items in accordance with the format prescribed in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are requested and a written solicitation will not be issued. The solicitation is being issued as a Request for Quote (RFQ); solicitation number is H92244-13-T-0021, and a firm fixed price contract is contemplated. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-61 effective 13 September 2012. This procurement is a 100% small business set aside and the associated North American Industrial Classification Code (NAICS) code is 511210 with a business size standard of $25.0 Million.The DPAS rating for this procurement is DO-C9. All responsible sources may submit a quote which shall be considered by the agency. Please quote brand name or equal (DEFENSE READY) to (if quoting equal to please include specifications with you quotation). The Naval Special Warfare Development Group (NSWDG) has a requirement to procure the following: Section B - Schedule of Supplies and Services The contractor shall provide a quote using the schedule in Section B. The government is requesting Sofware upgrade and Software Assurance for the Defense Ready Enterprise Server 250. Contract Line Item Number (CLIN) 0001 DefenseReady Software Maintenance, DR Enterprise Server 250 with MS CRM; QTY: 1 Unit of Issue: Lump Sum; Unit Price; Amount CLIN 0002 DefenseReady Premium Support 250 Hour Bundle; QTY: 1 Unit of Issue: Lump Sum; Unit Price; Amount Period of Performance: 11/8/2012 - 11/7/2013 (12 months after date of award) CLAUSES INCORPORATED BY REFERENCE: FAR 52.202-1 Definitions Jan 2012 FAR 52.203-3 Gratuities Apr 1984 FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006) Alternate I (Oct 1995) Sep 2006 FAR 52-203-10 Price or Fee Adjustment For Illegal Or Improper Activity Jan 1997 FAR 52.211-6 Brand Name or Equal Aug 1999 FAR 52.211-14 Notice of Priority Rating for National Defense Use Apr 2008 FAR 52.211-15 Defense Priority and Allocation Requirements Nov 2011 FAR 52.212-1 Instructions to Offerors - Commercial Items Feb 2012 FAR 52.212-3 Offeror Representations and Certifications Commercial Items Apr 2012 FAR 52.212-4 Contract Terms and Conditions-Commercial Items Feb 2012 FAR 52.212-5 DEV Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Deviation) Mar 2012 FAR 52.222-3 Convict Labor Jun 2003 FAR 52.222-19 Child Labor Law - Cooperation with Authorities and Remedies Mar 2012 FAR 52.222-21 Prohibition Of Segregated Facilities Feb 1999 FAR 52.222-26 Equal Opportunity Mar 2007 FAR 52.222-50 Combating Trafficking in Persons Feb 2009 FAR 52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving Aug 2011 FAR 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration Oct 2003 FAR 52.233-1 Alt I Disputes - Alternate I (Dec 1991) Jul 2002 FAR 52.233-3 Protest After Award Aug 1996 FAR 52.237-2 Protection of Government Buildings, Equipment and Vegetation Apr 1984 FAR 52-242-13 Bankruptcy Jul 1995 FAR 52.243-1 Alt 1 Changes - Fixed Price Alt 1 (Apr 1984) Aug 1987 FAR 52.247-34 F.o.b. Destination Nov 1991 FAR 52.249-8 Default Apr 1984 FAR 52.253-1 Computer Generated Forms Jan 1991 DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2011 DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials Nov 2011 DFARS 252-204-7003 Control of Government Personnel Work Product Apr 1992 DFARS 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A Sep 2007 DFARS 252.211-7003 Item Identification and Valuation Jun 2011 DFARS 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items Mar 2012 DFARS 252.232-7010 Levies on Contract Payments Dec 2006 DFARS 252.247-7023 Alt III Transportation of Supplies by Sea Alt III May 2002 SOFARS 5652.204-9004 Foreign Persons Jan 2006 SOFARS 5652.233-9000 Independent Review of Agency Protests Aug 2011 SOFARS 5652.237-9000 Contractor Personnel Changes Jan 1998 Please note that due to character limitation in FedBizOpps, full text of the Federal Acquisition Regulation (FAR) can be accessed on the internet at http://www.farsite.hill.af.mil. All FAR Representation and Certifications shall be submitted through www.sam.gov. FAR 52.204-99 (DEVIATION) System for Award Management Registration (August 2012)(DEVIATION) (a) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government. "Commercial and Government Entity (CAGE) code" means- (1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or (2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code." "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. "Registered in the SAM database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database; (2) The Contractor's CAGE code is in the SAM database; and (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process. "System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes- (1) Data collected from prospective federal awardees required for the conduct of business with the Government; (2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and (3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office. (b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4. (3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM. (c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) A contractor may obtain a DUNS number- (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The Contractor should be prepared to provide the following information: (i) Company legal business name. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and Zip Code. (iv) Company mailing address, city, state and Zip Code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) Reserved. (e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing. (f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to- (A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. (ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls. (End of Clause) FAR 52.212-2 Evaluation Commercial Items (Jan 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offer 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 the offers in descending order of importance: (1) Technical approach: Contractor shall provide detailed information, including, but not limited to, product brochures, product literature to demonstrate how it meetsthis requirement. (2) Past Performance of work of similar scope that has been completed within the last 4 years. (3) Price. Contractor shall provide a detailed cost/price breakdown of its quote. (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 order, shall result in a binding contract without further action by either party. Before the offer specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiation after its receipt, unless a written notice of withdrawal is received before award. FAR 52.212-3 Alt 1 Offeror Representations and Certifications Commercial Items (Apr 2011) - Alternate 1 April 2012 FAR 52.252-2 Clauses Incorporated By Reference Feb 1998 FAR 52.252-5 Authorized Deviations in Provisions Apr 1984 FAR 52.252-6 Authorized Deviations in Clauses Apr 1984 SOFARS 5652.201-9002 Authorized Changes Only By Contracting Officer (Jan 2005) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this contract. Except as specified herein, no order, statement, or conduct of Government personnel who visit the contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause in Section I. In the event the Contractor effects any change at the direction of any person other the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. The address and telephone number of the Contracting Officer is Ana Downes, telephone (757) 862-9465. Offerors must scrutinize this solicitation and ensure their proposals and submissions comply with all requirements. It is not sufficient to merely state your proposal complies with the solicitation requirements. You must clearly identify how your proposal meets ALL of the solicitation requirements. All questions concerning this procurement, either technical or contractual must be submitted in writing to the Contracting Office. No direct discussion between the technical representative and a prospective offeror will be conducted unless it is deemed necessary by the Contracting Officer. Questions shall be sent by email the following point of contact: Danyiele Peterson, Contract Specialist; Email address:
[email protected]. Quotes must be received no later than 10:00 AM. Eastern Standard Time (EST) on 26 October 2012. Quotes received after this time frame will not be considered for award. The Government will award the contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation and will be most advantageous to the Government based on best value. The prospective offeror must be registered with the System for Award Management (SAM) website at http://www.sam.gov to be considered for award. The offeror agrees to hold the prices in its quote firm for 90 calendar days from the date specified for receipt of quotes. Quotes can be faxed, emailed or mailed in the United States postal mail to NSWDG, Attn: Danyiele Peterson, 1636 Regulus Avenue, Virginia Beach, Virginia 23461-2299.