CANCELLATION NOTICE:This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.The solicitation number is HSHQDC12Q00283 and is issued as an invitation for bids (IFB), unless otherwise indicated herein.The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-60. The associated North American Industrial Classification System (NAICS) code for this procurement is 541519 with a small business size standard of $25.50M.This requirement is unrestricted and only qualified offerors may submit bids.The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2012-08-15 14:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com.FOB Destination shall be Multiple shipping information. The DHS Office of Procurement Operations requires the following items, Exact Match Only, to the following: LI 001, Brand Name Only: AccessData Lab, License (Product Code No.: 900099), 1, EA; LI 002, Brand Name Only: Forensic Toolkit (FTK) Lab Connection, License (Product Code No.: 900224), 1, EA; LI 003, Brand Name Only: Base Year AccessData Lab Software Maintenance and Support (Product Code No.: 900102), 1, EA; LI 004, Brand Name Only: Base Year, AccessData Lab Connection Software Maintenance and Support (Product Code No.: 900225), 1, EA; LI 005, Brand Name Only: Base Year, AccessData FTK Standalone Software Maintenance and Support (Product Code No.: 900025), 8, EA; LI 006, Brand Name Only: Option Year 1, AccessData Lab Software Maintenance and Support (Product Code No.: 900102), 1, EA; LI 007, Brand Name Only: Option Year 1, AccessData Lab Connection Software Maintenance and Support (Product Code No.: 900225), 1, EA; LI 008, Brand Name Only: Option Year 1, AccessData FTK Standalone Software Maintenance and Support (Product Code No.: 900025), 8, EA; LI 009, Brand Name Only: Option Year 2, AccessData Lab Software Maintenance and Support (Product Code No.: 900102), 1, EA; LI 010, Brand Name Only: Option Year 2, AccessData Lab Connection Software Maintenance and Support (Product Code No.: 900225), 1, EA; LI 011, Brand Name Only: Option Year 2, AccessData FTK Standalone Software Maintenance and Support (Product Code No.: 900025), 8, EA; LI 012, Brand Name Only: Option Year 3, AccessData Lab Software Maintenance and Support (Product Code No.: 900102), 1, EA; LI 013, Brand Name Only: Option Year 3, AccessData Lab Connection Software Maintenance and Support (Product Code No.: 900225), 1, EA; LI 014, Brand Name Only: Option Year 3, AccessData FTK Standalone Software Maintenance and Support (Product Code No.: 900025), 8, EA; Solicitation and Buy Attachments ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, DHS Office of Procurement Operations intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. DHS Office of Procurement Operations is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids.All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com.Offerors that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Offerors that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at
[email protected]. Offerors may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process.Should offerors require additional clarification, notify the point of contact or FedBid at 877-9FEDBID (877-933-3243) or
[email protected] of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. In addition to FAR Subpart 12.6 procedures, FAR Subpart 13.1 procedures are being utilized. New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty. Bid MUST be good for 30 calendar days after close of Buy. Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination. Offeror must be registered in the Central Contractor Registration (CCR) database before an award can be made to them. If the offeror is not registered in the CCR, it may do so through the CCR website at http://www.ccr.gov. The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; and FAR 52.212-4, Contract Terms and Conditions - Commercial Items. 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 at any time prior to contract expiration; 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 42 months. (End of clause) 52.217-8 - Option 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 10 days of contract expiration. HSAR 3052.209-70 ? Prohibition on contracts with corporate expatriates (Jun 2006). The vendor is required to complete and submit a completed HSAR 3052.209-70, Attachment I, as part of its offer. The delivery person of contact will be provided upon award. Please coordinate the product delivery, including the delivery of updates, with him/her. His/Her contact information will be provided upon award. The Contracting Officer is Ms. Tanya Hill. She can be reached by email at
[email protected] or by phone at (202) 447-5511. The Contract Specialist is Mr. Paul Bean. He can be reached by email at
[email protected] or by phone at (202) 447-0175. FAR 52.252-1 - Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/ 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): https://www.acquisition.gov/far/ (End of clause). The following clauses or provisions are hereby incorporated by reference: FAR 52.204-7 - Central Contractor Registration (FEB 2012); FAR 52.217-5 - Evaluation of Options (JUL 1990); FAR 52.222-22 - Previous Contracts and Compliance Reports (FEB 1999); FAR 52.222-25 - Affirmative Action Compliance (APR 1984); FAR 52.232-1 - Payments (APR 1984); FAR 52.243-1 - Changes-Fixed Price (AUG 1987); FAR 52.247-34 - F.o.b. Destination (NOV 1991); FAR 52.249-1 - Termination For Convenience of the Government (Fixed-Price)(Short Form) (APR 1984); HSAR 3052.242-71 - Dissemination of Contract Information (DEC 2003); and HSAR 3052.247-72 - F.o.b. Destination Only (DEC 2003). FAR 52.212-5 is hereby incorporated into this solicitation in full text as provided in Attachment I. The AccessData FTK Standalone licenses that require software maintenance and support are the following: 1302808, 1302809, 1302820, 1303829, 1303886, 1302824, 1303828, and 1302807. FAR 52.212-3 Offeror Representations and Certifications?Commercial Items. The Federal Acquisition Regulation requires offerors to complete Representations and Certifications through the Online Representation and Certification Application (ORCA) at least annually as of January 1, 2005. The quoter is hereby required to complete the ORCA via http://orca.bpn.gov prior to the response due date and provide verification of completion as an attachment along with their FedBid quotation submission. 52.212-2 - Evaluation - Commercial Items. (Jan 1999) (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: (i) Price; and (ii) Technical Acceptability (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 52.217-8 will be evaluated through the evaluation of rates proposed for all contract periods. Quoters should assume that if the Government exercises clause 52.217-8 to extend performance, that the option will be priced at the rates in effect when the option is exercised. The basis of award shall be the lowest price, technically acceptable offer after price is determined fair and reasonable; therefore, a firm-fixed price Purchase Order will be awarded to the Quoter that offers the lowest price, technically acceptable offer in response to this Request for Quotation (RFQ). In order for an offer to be determined "technically acceptable", a Quoter's offer must meet the following criteria: the products offered must meet brand name and product number requirements detailed in each line item number of this RFQ . The Government will evaluate offers for award purposes by adding the extended price of each RFQ line item number to arrive at a subtotal for all line item numbers. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options will not obligate the Government to exercise the option(s). A Brand Name Justification applies to this procurement. Please see Attachment II for a redacted copy of the applicable Brand Name Justification. QUESTION 1: Shouldn't this be a small business set-aside? Response: No, this requirement is not a small business set aside. Please see the ?Buy Information? section of this FedBid Buy for applicable set-aside requirements. QUESTION 2: Is the Government looking to purchase three years SMS (Maintenance) in advance or one year in advance with an option for three future years? Response: The Government is not looking to buy three years of maintenance ?in advance?. The maintenance solicited is for a base period of one year with three optional years.