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 RFQ20180503 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 2005-97. The associated North American Industrial Classification System (NAICS) code for this procurement is 2005-97 with a small business size standard of $27.50M. This requirement is a [ Small Business ] set-aside 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 2018-03-07 16:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com. FOB Destination shall be Fort Campbell, KY 42223 The DOC Office of the Secretary requires the following items, Purchase Description Determined by Line Item, to the following: Base Period of Performance: 04/09/2018 - 04/08/2019 LI 001: AMEDBACHSA01 - Catalogic DPX Gold Level Support and Extended Hardware Warranty - 12 months, 1, EA; Option 1 Period of Performance: 04/09/2019 - 04/08/2020 LI 001: AMEDBACHSA01 - Catalogic DPX Gold Level Support and Extended Hardware Warranty - 12 months, 1, EA; Option 2 Period of Performance: 04/09/2020 - 04/08/2021 LI 001: AMEDBACHSA01 - Catalogic DPX Gold Level Support and Extended Hardware Warranty - 12 months, 1, EA; Option 3 Period of Performance: 04/09/2021 - 04/08/2022 LI 001: AMEDBACHSA01 - Catalogic DPX Gold Level Support and Extended Hardware Warranty - 12 months, 1, EA; Option 4 Period of Performance: 04/09/2022 - 04/08/2023 LI 001: AMEDBACHSA01 - Catalogic DPX Gold Level Support and Extended Hardware Warranty - 12 months, 1, 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, DOC Office of the Secretary 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. DOC Office of the Secretary 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]. Use 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. Contracting Officer's Authority. 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. Insert the clause 1352.209–73, Compliance with the Laws, in all solicitations and contracts. As prescribed in 48 CFR 1309.507–2(c), insert the following clause: 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. Insert clause 1352.239–70, Software License Addendum, in all contracts when the primary purpose is to purchase new software licenses or renew existing licenses. As prescribed in 48 CFR 1339.107, insert the following clause: 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. The associated North American Industrial Classification System (NAICS) code for this procurement can be found. The small business size standard for that NAICS code can be found at https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf IAW FAR 52.252-2 Clauses Incorporated by Reference, the full text of FAR and DFARS Clauses may be accessed electronically at http://farsite.hill.af.mil; and are current to the most recent revision dates posted on this site. The following DFARS clauses are applicable under DFAS 252.212-7001: 252.225-7001, Buy American Act and Balance of Payments Program; 252.211-7003 Item Identification and Valuation (JUN 2005); IAW 52.204-7 System for Award Management (SAM) Registration (July 2013), the offeror must be registered in SAM and fully input their Representations and Certifications for a complete record. Information can be found at http:// , or 334-206-7828 for international calls. 52.204-13 - System for Award Management Maintenance Bid MUST be valid for 45 calendar days after submission Payment terms shall be net 30 unless otherwise agreed to by USACE. The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, considering price alone. Prior to submitting an agency protest, it is preferable that you first attempt to resolve your concerns with the responsible contracting officer. However, you may also file a protest to the Headquarters (HQ), Army Materiel Command (AMC). The HQ AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 35 calendar days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the HQ AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 or email
[email protected] The AMCLevel Protest procedures are found at: http://www.amc.army.mil/amc/commandcounsel.html. If internet access is not available, contact the contracting officer or HQ, AMC to obtain the HQ AMC-Level Protest Procedures. (End of Clause) "Pursuant to FAR Part 9, the Contracting Officer is required to make a determination regarding the responsibility of the proposed awardee. Following receipt of offers, the Contracting Officer or Specialist will send a form, designed to elicit financial information from an offeror's financial institution, to those offerors having a reasonable chance at receiving the award under this solicitation. You should forward that form to your financial institution and have the financial institution complete and send it directly to the Contract Specialist. For sections 2 and 4 on the document, the financial institution may answer with high,medium or low or they can answer with a numerical amount. The form must be returned to the USACE within three (3) business days. In the absence of this information, the Contracting Officer will have no choice except to find your company "not responsible," a finding which will make you ineligible for award." Award for All or None. The Government intends to award one (1) purchase order as a result of this solicitation. Offers received for less than the stated number if items listed in the solicitation will be considered ineligible for award. Notice of Total Small Business Set-Aside. IAW FAR 52.212-2; Evaluation - Commercial Items, the following factor shall be used to evaluate offers: Price. This solicitation is issued as a Request for Quotation (RFQ), not an invitation for bid (IFB.) Please address your questions through the FedBid buy. If your questions are not being answered in a timely manner, please send your question to the Peter Wren Contracting Officer -
[email protected]" The offeror must comply with the following commercial item terms and conditions: FAR 52.252-1, Solicitation. Provisions Incorporated by Reference; FAR 52.212-1, Instructions to Offerors; 52.212-3, Offeror Representations and Certifications; FAR 52.211-6, Brand name or Equal.