70--software license

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice in conjunction with procedures in FAR Part 13. This announcement constitutes the only solicitation; a written solicitation will not be issued. Interested persons may identify their interest and capability to respond to the requirement or submit proposals. However, all proposals received prior to 01/07/2014 will be considered by the Government. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. The solicitation number, VA261-14-Q-0202 is issued as a Request for Quotation (RFQ). This document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-70 effective December 26, 2013 and Veterans Affairs Acquisition Regulation Supplement (VAAR) current to September 13, 2012. The North American Industry Classification System (NAICS) Code for this acquisition is 423430, Size Standard: 100. Requirement Description: Item Information Item 1 - SRV_OPWGP_12 OmniPeek Workgroup Pro - 12 Months Maintenance Renewal of 29 existing licenses. Item 2 - MAINTENANCE INFORMATION * Customized MyPeek account * Providing access to product updates, feature enhancements and complimentary utilities such as [the popular Latency Monitor, Netflow and S-flow Analyzers, Google Maps plug-in], and many more. * Access to advanced virus filters created by WildPackets engineers * Priority, live access to technical support for product and feature issues * Invitations to web seminars and road shows, like the popular Application vs. Network Road Show * Qualification for pre-release product testing * Discounts on conversions to new product releases SHIPPING - E-Mail ONLY SOLICITATION PROVISIONS/CONTRACT CLAUSES: FAR Number Title Date 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS For the purposes of this clause items (b) 1, 4, 6, 7, 8, 12, 21, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39,42, 45, 48 are considered checked and apply. NOV 2013 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS JULY 2013 FAR Number Title Date 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS SEP 2013 FAR Number Title Date 852.203-70 COMMERCIAL ADVERTISING JAN 2008 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause- (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001. (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA's Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above. (End of Clause) 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): http://www.acquisition.gov/far/index.html http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm (End of Provision) 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): http://www.acquisition.gov/far/index.html http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm (End of Clause) Contracting Office Address: Department of Veterans Affairs; VISN 21 3801 Miranda Avenue Palo Alto, CA 94304 Primary Point of Contact: Carol Lam contact@example.gov Phone: +1 (555) 000-0000 X65825 Fax: +1 (555) 000-0000