Fusion-io Software Maintenance

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. 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 FA7000-10-T-0114, in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-43, effective 02 August 2010. The North American Industrial Classification System (NAICS) number is 423430 and the small business size standard is 100 employees. This is a 100% Total Small Business Set-Aside. All responsible sources may submit a quote, which if received timely, will be considered by the 10th Contracting Squadron, 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 USAF Academy has a Brand Name Only requirement to purchase forty eight (48) one year software maintenance agreements (MFG# FUI-FS1-SMA-320-CS-1YR) for a base year and three (3) one year options, further described below. USAFA has purchased 48 Fusion I/O drives which need annual software maintenance. Software updates are intellecutal property only provided by Fusion-io and are unique to Fusion-io drives. Any other software maintenance cannot provide for the proper updates or recovery and could cause irreversible damage to the drives. Fusion-io allows only OEM's and authorized resellers to provide software maintenance. REQUIREMENTS FOR QUOTE Prices quoted must be Firm-Fixed Price. Provide pricing for each of the following line items: BASE YEAR; FUSION-IO SOFTWARE MAINTENANCE (FUI-FS1-SMA-320-CS-1YR) Description Qty Unit Price Extended Price Fusion-io software maintenance 16 $______ $__________ (POP 1 October 2010- 30 September 2011) Fusion-io software maintenance 8 $______ $__________ (POP 30 November 2010-30 September 2011) Fusion-io software maintenance 24 $______ $__________ (POP 03 December 2010-30 September 2011) Total $__________ OPTION 1 FUSION-IO SOFTWARE MAINTENANCE (FUI-FS1-SMA-320-CS-1YR) Description Qty Unit Price Extended Price Fusion-io software maintenance 48 $______ $__________ (POP 1 October 2011- 30 September 2012) OPTION 2 FUSION-IO SOFTWARE MAINTENANCE (FUI-FS1-SMA-320-CS-1YR) Description Qty Unit Price Extended Price Fusion-io software maintenance 48 $______ $__________ (POP 1 October 2012- 30 September 2013) OPTION 3 FUSION-IO SOFTWARE MAINTENANCE (FUI-FS1-SMA-320-CS-1YR) Description Qty Unit Price Extended Price Fusion-io software maintenance 48 $______ $__________ (POP 1 October 2013- 30 September 2014) TOTAL(Inclusion of ALL Option years) $____________ 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, and warranty information. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. The provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items and 52.212-33, Offeror Representations and Certifications - Commercial Items Alt I (Apr 2002), 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 52.212-33 Alt I shall be completed in hard copy and submitted with quote. 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) Quotes must be received no later than 1200 PM Mountain Standard Time, 23 September 2010 at 10 CONS/ LGCB, Attn: Mara Strobel, 8110 Industrial Drive, Suite 200, USAF Academy, CO 80840-2315. Quotes may also be submitted by e-mail to the Primary POC or by fax to 719-333-9103. Questions should be addressed to the Primary POC Mara Strobel, Contract Specialist, USAF Academy (719) 333-4899, mara.strobel@usafa.af.mil. Alternate POC is Marlene Kleckner, Contracting Officer, (719) 333-8922, marlene.kleckner@usafa.af.mil. Offers received after this date and time will be considered late in accordance with 52.212-1(f) and may not be evaluated. The provision at FAR 52.212-2, Evaluation--Commercial Items apply to this acquisition. The Government will award a contract resulting from this solicitation to the responsive responsible offeror whose offer conforming to the solicitation will be most advantageous to the government, price and other factors considered. The following factors shall be used to evaluate offers: Award will be made on the basis of determining the technically acceptable offer with the lowest evaluated price which meets or exceeds the requirements. In order to be determined technically acceptable offerrors must quote on all items as specified. Once an offer has been determined to be technically acceptable then the Offeror with the lowest evaluated price will be awarded the contract. If an offer is not technically acceptable it will not be considered. The following clauses apply to this acquisition. The clause at FAR 52.212-4, Contract Terms and Conditions--Commercial Items, with the following addenda, applies: 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) FAR 52.252-2 Clauses Incorporated by Reference: 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/. 52.217-9 Option to Extend the Term of the Contract (a) The Government may extend the term of this contract by written notice to the Contractor within ___15__ days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _60__ 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 __4__ years. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Deviation) applies to this acquisition. Additional FAR clauses cited in the clause applicable to this acquisition are: 52.203-3 Gratuities 52.203-6 Restrictions on Subcontractor Sales to the Government (Alt 1) 52.217-5 Evaluation of Options. 52.219-6 Notice of Total Small Business Set-aside (Jun 2006) 52.219-8 Utilization of Small Business Concerns. (DEVIATION) 52.219-28 Post-Award Small Business Program Representation (Jun 2007) 52.219-14 Limitations on Subcontracting 52.219-25 Small Disadvantaged Business participation Program-Disadvantaged Status and Reporting (DEV) 52.222-3 Convict Labor (Jun 2003) 52.222-19 Child Labor -- Cooperation with Authorities and Remedies (Aug 2007) 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 (Jun 1998) 52.222-50 Combating Trafficking in Persons (Aug 2007) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2006) 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) DFARS 252.212-7001, Contract terms and Conditions required to implement status of Executive Orders applicable to Defense Acquisitions of Commercial Items (Apr 2007)(Deviation) applies to this acquisition. Additional DFARS clauses cited in the clause applicable to this acquisition are: 252.232-7003, Electronic Submission of Payment Requests (Aug 2007), 252.243-7002 Requests for Equitable Adjustment, 252.247-7023 Transportation of Supplies by Sea, 252.203-7000, Requirements Relating to Compensation of Former DoD Officials and 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country. DFARS 252.212-7000, Offeror Representations and Certifications - Commercial Items (Jun 2005) applies to this acquisition. a) Definitions. As used in this clause- (1) "Foreign person" means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415). (2) "United States" means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331. (3) "United States person" is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President. (b) Certification. By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it- (1) Does not comply with the Secondary Arab Boycott of Israel; and (2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking. (c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services). (1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation. (2) Representation. The Offeror represents that it- ___________Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. ___________Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. (3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea. (End of provision) 5352.201-9101 OMBUDSMAN (April 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) ADDENDUM - USAF Academy Invoicing Instruction (Revised 4/23/08) a. In accordance with DFARS 252-232-7003, Electronic Submission of Payment Requests, the contractor shall submit payment (invoice) requests through the Wide Area Workflow (WAWF) System. For information on WAWF, including how to register, visit the WAWF website at https://wawf.eb.mil. Web Based Training (WBT) is available at http://www/wawftraining.com. If you need any further assistance you can contact the Contract Specialist or Contracting Officer whose name appears on the contract. b. The address and DODAAC of the payment office (effective 1 Jun 06) is: Defense Finance and Accounting Service ATTN: DFAS-BAASD/CC P. O. Box 369020 Columbus, OH 43236-9020 ATTN: VENDOR PAY (DODAAC F67100) (End of Addendum)