70 -- Nextalk Software Maintenance Renewal

This is a synopsis for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quote. This is a total small business set aside. The NAICS code is 443120. Small business size: 100 employees. The items required are listed below. Please submit your electronic quote on or before 3 pm by December 19, 2006. Include the following information: Item number, manufacturer, Model, Model number, Quantity, Price, and Total Price per item. The period of performance shall be from December 21, 2006 to December 20, 2007. Line Items: Netalk Software Maintenance Renewal 1) One Year Maintenance for user licenses (6400 users) 2) One Year Maintenance for full port licenses (36 Ports) 3) Call Data Recording 4) LDAP Gateway 5) NTS Server Cluster Award will be based on the lowest price technically acceptable quote from an authorized distributor of the product. Brand Name Justification- NexTalk for Networks is client communications software for use with NXi Text Services (NTS). NexTalk for Networks is designed for person-to-person "text telephone" use, providing compatibility with the TTYs used by the deaf and hard of hearing. NexTalk for Networks allows for direct calls to and from any TTY or modem by using shared network modems that are TTY-compatible. With NexTalk for Networks, you can also carry on text conversations and exchange messages with other NexTalk users on a LAN or WAN (without the use of a TTY modem or TTY device). Within the Department of Education, individuals use NexTalk TTY Services with reasonable accommodations needs covered by Section 504 of the Rehabilitation Act. These individuals are either deaf, hard of hearing or have a speech disability or frequently communicate with others that would fall in that scope. Call Centers at the Department of Education also use NexTalk TTY Services for external and internal TTY communications with public constituents and Federal Employees that are either deaf, hard of hearing or have a speech disability. Section 255 under the Federal Communications Act covers this under Section 508 of the Rehabilitation Act. NexTalk TTY Services have also been used for emergency communications within the Department when the telephone and email services have been down. If the maintenance were not purchased, the Department would not be abiding by the Act's Sections 504, 508, and 255. Also, the individuals with reasonable accommodations will not be able to do their jobs. Electronic offers are due on December 19, 2006 by 3pm Eastern Time to Steve Gagnon, Contract Specialist at Steve.Gagnon@ed.gov. Please contact Steve Gagnon via email for information regarding this request for quote. FAR 52.212-1, Instructions to Offerors - Commercial, is applicable to this RFQ. FAR 52.212-2 is not applicable; evaluation criteria will be technically acceptable low cost. FAR 52.212-3, Offeror Representations and Certifications - Commercial Items is applicable. FAR 52.212-4, Contract Terms and Conditions - Commercial Items is applicable. If this is a "Purchase Order", the following clauses are incorporated by reference with the same force and effect as if they were given full text. Upon request, the contracting officer will make their full text available. (If "Delivery Order" is checked, the order is subject to the terms and conditions of the contract under which it is/was placed.) If any clause referenced below has been superseded, or changed as a result of an authorized deviation, its replacement or the text of the deviation will be shown in the body of the purchase order or in an attachment. Otherwise, the clause text shall be as it appears in the referenced regulation for the date shown. The derivation of these clauses is the Federal Acquisition Regulation (48 CFR Chapter 1) and the Education Acquisition Regulation (48 CFR Chapter 4). Some of the following clauses are limited in their applicability to the order by the conditions shown in a parenthetic remark after the clause date. This list of clauses may be supplemented by the contracting officer. GENERAL. The following clauses apply to all purchase orders: 52.203-3 Gratuities (APR 1984) (NA to personal services.) 52.203-5 Covenant Against Contingent Fees (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to Govt (JUL 1995) 52.203-7 Anti-Kickback Procedures (JULY 1995) 52.204-7 Central Contractor Registration (OCT 2003) 52.222-3 Convict Labor (JUN 2003)(Unless precluded by FAR 22.2) 52.232-1 Payments (APR 1984) (NA to personal services.) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-11 Extras (APR 1984) 52.232-25 Prompt Payment (FEB 2002) 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) 52.233-1 Disputes (JUL 2002) 52.233-3 Protest After Award (AUG 1996) 52.246-1 Contractor Inspection Requirements (APR 1984) Additional clauses that apply when applicable: 52.204-3 Taxpayer Identification (OCT 1998) (Applicable if Block 9c is marked "Yes".) 52.211-16 Variation in Quantity (APR 1984)(Variations, if any, will be stated in the text of the order.) 52.213-2 Invoices (APR 1984)(Applicable when advance payments are authorized for subscriptions and other pubs.) 52.219-8 Utilization of Small Business Concerns and Small Disadvantaged Business Concerns (OCT 2000)(Applicable to orders over $10,000 except personal services.) 52.222-4 Contract Work Hours and Safety Standards Act -Overtime Compensation - General (SEP 2000)(Applicable to orders over $2,500 unless precluded by FAR 22.3) 52.222-26 Equal Opportunity (APR 2002)(Applicable if an order, or aggregate orders in a year, exceeds $10,000.) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (DEC 2001)(Orders of $10,000 or more.) 52.222-36 Affirmative Action for Workers With Disabilities (JUN 1998) (Applicable to orders over $2,500.) 52.222-37 Employment Reports on Special Disabled Veterans and Vets of the Vietnam Era (DEC 2001)(Orders of $10,000 or more.) 52.223-6 Drug-Free Workplace (MAY 2001)(Applicable to orders within individuals.) 52.227-19 Commercial Computer Software-Restricted Rights (JUN 1987)(Applicable to orders for commercial software.) 52.232-23 Assignment of Claims (JAN 1986)(May be applicable to orders over $1,000.) EQUIPMENT AND SUPPLIES. Additional clauses applicable to the purchase of equipment and supplies: 52.222-20 Walsh-Healey Public Contracts Act (DEC 1996)(Applicable to orders over $10,000 unless exempt by statute or regulation.) 52.225-1 Buy American Act - Supplies (JUN 2003) 52.243-1 Changes - Fixed Price (JAN 1991) 52.247-34 F.O.B. Destination (NOV 1991) 52.247-35 F.O.B. Destination within Consignee's Premises (APR 1984)(Applicable if "inside delivery" is specified.) 52.249-1 Termination for Convenience of the Government (Fixed Price)(Short Form)(APR 1984) SERVICES. Additional clauses applicable to purchase of services: 52.222-41 Service Contract Act of 1965, as Amended (MAY 1989)(Applicable to orders over $2,500 for services subject to the Act.) 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989)(If applicable, rates shown in text of order.) 52.222-44 Fair Labor Standards Act and Service Contract Act - Price Adjustment (FEB 2002) 52.243-1 Changes - Fixed Price (AUG 1987), Alternate I (APR 1984) 52.249-4 Termination for Convenience of the Government (Services)(Short Form)(APR 1984) 52.249-5 Termination for Convenience of the Government (SEPT 1996)(For Educational and Other Non-Profit Inst.)