70--Ektron CMS400.NET Maintenance

PLEASE READ CAREFULLY: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-58. The associated North American Industrial Classification System (NAICS) code for this procurement is 541511 with a small business size standard of $25.00M. This requirement is a Small Business set-aside and only qualified vendors may submit quotations. The Bureau of Safety and Environmental Enforcement requires the following items, Exact Match Only: CLIN 0001, BASE PERIOD: 12 Months from date of award, FIRM FIXED PRICE: The contractor shall provide Ektron CMS400.NET Maintenance in accordance with the attached Statement of Work (SOW)., 1, LOT; CLIN 0002, OPTION PERIOD 1: 12 Months, if exercised, FIRM FIXED PRICE: The contractor shall provide Ektron CMS400.NET Maintenance in accordance with the attached Statement of Work (SOW)., 1, LOT; CLIN 0003, OPTION PERIOD 2: 12 Months, if exercised, FIRM FIXED PRICE: The contractor shall provide Ektron CMS400.NET Maintenance in accordance with the attached Statement of Work (SOW)., 1, LOT; Please reference the attached Statement of Work (SOW) and Brand Name Justification for additional details. If you are unable to view the attachments, please email the Contracting Officer at the email below for copies. The quotation shall be good for 60 calendar days after close of the solicitation. Vendors must be registered in the Central Contractor Registration (CCR) database before an award can be made to them. If the vendor is not registered in the CCR, it may do so through the CCR website at http://www.ccr.gov. TERMS AND CONDITIONS: The selected Vendor 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; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations- the selected offeror must submit a completed certification. The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/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 within 30 days; 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 three (3) years. DIAPR 2011-4 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INTERNET PAYMENT PLATFORM (IPP) (APRIL 2011) Beginning May 1, 2011, payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Internet Payment Platform System (IPP). Payment terms for existing contracts and orders awarded prior to May 1 remain the same. The Contractor must use IPP for contracts and orders awarded May 1 and later, and must use the nonIPP invoicing process for those contracts and orders awarded prior to May 1. "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Timesheets. The Contractor must use the IPP website to enroll, access and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email contact@example.gov or phone +1 (555) 000-0000. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer. DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011) (a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work. (b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment. (c) The COR is not authorized to perform, formally or informally, any of the following actions: (1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract; (2) Waive or agree to modification of the delivery schedule; (3) Make any final decision on any contract matter subject to the Disputes Clause; (4) Terminate, for any reason, the Contractor's right to proceed; (5) Obligate in any way, the payment of money by the Government. (d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause. (e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract. (f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR. (g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk. TYPE OF CONTRACT: The Government intends to award a Firm-Fixed-Price type Purchase Order as a result of this competition. DELIVERY INSTRUCTIONS: The maintenance renewal shall be delivered by July 21, 2012. Software shall be delivered electronically via email in coordination with the Contracting Officer Representative (COR). BASIS FOR AWARD: Award shall be made to the responsible vendor whose quotation, in conforming to this Request for Quotation, is determined to be the Lowest Price Technically Acceptable (LPTA) offer to the government. To be considered technically acceptable, no information in the contractor's quotation may be determined to be unacceptable, the contractor must meet all the requirements detailed in the attached Statement of Work (SOW). The vendor must comply with the terms and conditions of this solicitation and must be authorized to provide Ektron maintenance. The Government will evaluate the quoted prices for reasonableness by comparing the vendor=BFs proposed prices as well as utilizing price analysis techniques. An evaluation of the vendor=BFs price quote will be made to determine if it is reasonable for the work to be performed, and reflects a clear understanding of the requirements. QUESTION SUBMISSION INSTRUCTIONS: Interested vendors must submit any questions concerning the solicitation in writing to contact@example.gov by 10 July 2012 at 1:00 p.m. EST. Telephone inquiries will not be responded to. QUOTATION SUBMISSION INSTRUCTIONS: Vendors shall submit a quotation which demonstrates the vendor can meet the requirements detailed in the attached Statement of Work (SOW). The vendor shall provide evidence that they are an authorized partner that can provide Ektron maintenance renewal as Ektron is the sole provider of the software maintenance program as detailed in the attached Brand Name Justification. The vendor shall submit a firm-fixed-price (FFP) dollar figure for CLIN 0001, for CLIN 0002, and for CLIN 0003. Each CLIN shall be priced separately. Option periods are not guaranteed. Quotes shall be submitted in writing to contact@example.gov by 13 July 2012 at 1:00 p.m. EST.