Adobe CS5 License/Maintenance Renewal

This is a combined synopsis/solicitation for commercial items or services 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; quotes are being requested and a written (formal) solicitation will not be issued. This solicitation is issued as a Request for Quotation (RFQ), solicitation number FA7000-11-T-0089 in accordance with FAR Parts 12 and 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-53, dated 4 August 2011. The North American Industrial Classification System (NAICS) number is 511210 and the business size standard is $25,000,000.00. This is an unrestricted acquisition. All responsible sources may submit a quote, which if received timely, will be considered by 10 CONS/ LGCB, USAF Academy (USAFA). PLEASE READ AND COMPLY WITH ALL REQUIREMENTS FOR SUBMITTING A QUOTE. Failure to comply with all instructions contained within this combined synopsis/solicitation could result in the quote being ineligible for award. It is the offeror's responsibility to ensure their quote meets all the requirements identified herein. The United States Air Force Academy (USAFA) is an Educational Institution and has a Brand Name only requirement for license/maintenance renewal, to include upgrades, for Adobe CS5 software. a. Only one brand name and no other brand name will satisfy the USAFA current requirements. b. Adobe CS5 is currently being used by the USAFA educational department for web development. c. Adobe is the web design software at USAFA and changing to any other web design product would not be cost-effective for USAFA. d. Any other brand name would also require USAFA users to undergo training for a new product that would not be cost-effective for USAFA as well. The performance period is 31 August 2011 - 30 August 2012. Description Quantity Unit of Issue Unit Price Total Price 0001 License/Maintenance Renewal 135 ea $______ $______ ADOBE CS5 AVL Web #2045239 Premium Suite. Includes support and upgrades for Dream Weaver, Flash Catalyst, Flash Pro, Flash Builder, Photo Shop, Illustrator, Acrobat XPro, Fireworks, Contribute, Bridge, Device Central, and Media Encoder. Mfg# AG5-65060476AC02A12 0002 License/Maintenance Renewal 5 ea $______ $_______ ADOBE CS5 AVL Master. #2045023 Includes support and upgrades for Photo Shop Extended, Illustrator, In Design, Acrobat X Pro, Flash Catalyst, Flash Professional, Flash Builder, Dream Weaver, Fireworks Contribute, Premier Pro, After Effects, Audition, On Location, Encore, Bridge, Device Central, and Media Encoder. Mfg#AG5-65060476AC02A12 The following Federal Acquisition (FAR) clauses apply to this combined synopsis/solicitation and offerors must comply with all instructions contained in FAR 52.212-1, Instructions to Offerors--Commercial Items, addenda applies: The contractor shall submit their quote on company letterhead to include the following: solicitation number, contact name, address, telephone number of the offeror, unit price, extended price, any discount terms, delivery terms, cage code, DUNS number, tax identification number, size of business, extended warranty information, an educational discount if available, and acknowledgement of solicitation amendments if required. Quotes must be received no later than 1:00 p.m. Mountain Daylight Time (MDT), August 29, 2011 at 10 CONS/LGCB, 8110 Industrial Drive, Suite 200, USAF Academy, CO 80840-2315. Please submit quotes, by e-mail, to Brenda Smith at brenda.smith@usafa.af.mil or 719-333-8265. In my absence, please contact Diana Myles-South, Contracting Officer, at Diana.Myles-South@usafa.af.mil or (719) 333-8650. Addenda to FAR 52.212-1, Proposal Preparation Instructions: Quotes will be evaluated by the brand name required at the lowest evaluated price. SHIPPING ADDRESS : 10 CS/SCEC 2304 Cadet Dr., Ste 228 USAF Academy, CO 80840 333-2881 The provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items and its Alternate I must be completed. Offerors are HIGHLY ENCOURAGED to complete all representations and certifications electronically on line at: (http://orca.bpn.gov/publicsearch.aspx). If not completed on-line, 52.212-3 and its Alt I shall be completed in hard copy and submitted with quote. d. In accordance with FAR 52.212-4(t), Central Contractor Registration (CCR) contractors must be registered with CCR to conduct business with the Department of Defense. No purchase order can be awarded to any company without this registration (www.ccr.gov). The provision at FAR 52.212-2, Evaluation--Commercial Items apply to this acquisition: 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 factor shall be used to evaluate offers: The Government will award a contract resulting from this solicitation to the offeror providing the brand name required at the lowest evaluated price. Paragraphs b and c is not applicable as shown below: 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. FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Jun 2010) applies to this acquisition. ADDENDUM TO FAR 52.212-4(c) CHANGES Text in paragraph (c) is deleted and replaced with the following: Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)) (End of Addendum) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (May 2011) (Deviation) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) Reserved. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) Additional FAR clauses cited in the clause applicable to this acquisition are: 52.204-10 Reporting Executive Compensation (Jul 2010) 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) 52.219-28 Post Award Small business Program Representation (Apr 2009) 52.222-3 Convict Labor (Jun 2003) 52.222-19 Child Labor -- Cooperation with Authorities and Remedies (Jul 2010) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) 52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010) 52.222-50 Combat Trafficking in Persons (Feb 2009) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (Sep 2010) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998): This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: http://farsite.hill.af.mil/ applies to this acquisition. 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (Mar 2011) (Deviation) (a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5) (Oct 2010) (Deviation), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: 252.237-7010 252.237-7019 Prohibition on Interrogation of Detainees by Contractor Personnel (Nov 2010) (Section 1038 of Pub. L. 111-84) Training for Contractor Personnel Interacting with Detainees (Sep 2006) (Section 1092 of Pub. L. 108-375) 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (Jul 2009) (Section 884 of Public Law 110-417) 252.247-7023 Transportation of Supplies by Sea (May 2002) (10 U.S.C. 2631) 252.247-7024 Notification of Transportation of Supplies by Sea (Mar 2000) (10 U.S.C. 2631) (End of clause) Additional DFARS clauses cited in the clause applicable to this acquisition are: 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Jan 2009) 252.225-7002 Qualifying Country Sources as Subcontractors (Apr 2003) 252.232-7003 Electronic Submission of Payments Request (Mar 2008) 252.232-7010 Levies on Contract Payments (Dec 2006) (End of clause) 5352.201-9101 Ombudsman (Apr 2010): a. An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. b. Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). c. If resolution cannot be made by the contracting officer, concerned parties may contact the USAF Academy Ombudsmen, Kim Diercks 8110 Industrial Drive, Ste 103 USAFA, CO 80840 Telephone number 719-333-2074 FAX 719-333-2379 email: Kim.Diercks@usafa.af.mil Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067. d. The ombudsman has no authority to render a decision that binds the agency e. Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer (End of clause) 5352.242-9000 Contractor Access to Air Force Installations (Jun 2010): a. The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation. b. The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, valid vehicle insurance certificate, and (refer to USAFA A-01 Contractor Access to USAFA Instruction) to obtain a vehicle pass. c. During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site. d. When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with [insert any additional requirements to comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management,] citing the appropriate paragraphs as applicable. e. Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. f. Failure to comply with these requirements may result in withholding of final payment. (End of clause)