L3Harris Geospatial Solutions, Inc (HGSI) Environment for Visualizing Images (ENVI) Software Toolkit Licenses and Software Maintenance

SUBJECT: Commercial-Off-the-Shelf (COTS) Distributed Common Ground System-Army (DCGS-A) / L3Harris Geospatial Solutions, Inc (HGSI) Environment for Visualizing Images (ENVI) Software Toolkit Licenses and Software Maintenance This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in Federal Acquisition Regulation (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 solicitation will not be issued. The solicitation number is PANAPG-23-P-0000-009599 and is issued as a request for quotation (RFQ). The U.S. Army Contracting Command - Aberdeen Proving Ground (ACC-APG) is requesting a Firm-Fixed-Price (FFP) Proposal for Commercial-Off-The-Shelf (COTS) HGSI ENVI toolkit software license consisting of ENVI DEM Extraction Module Maintenance, ENVI IDL Maintenance, ENVI NITF Module Maintenance, ENVI Feature Extraction Module Maintenance, and the ENVI Atmospheric Correction Module License. This effort is in support of the Communications-Electronics Command (CECOM) Software Engineering Center (SEC) in support of the Distributed Common Ground System-Army (DCGS-A). The ENVI Maintenance are required to allow access to the warfighter for security and functional patches. The ENVI Maintenance Renewals includes version updates as well as security patches to mitigate common vulnerabilities as they arise. In addition, the ENVI Atmospheric Correction Module License is a highly complex task requiring specialized software to remove false misleading atmospheric properties in images of surface reflectance. The HGSI ENVI toolkit software tools, renewals, and maintenance provide the Army a continuous ability to detect potential threats and protects the operational system from unforeseen vulnerabilities. The ability to identify and detect threats to maintain optimal levels of safety, readiness, and execution to protect Department of Defense (DoD), the Warfighter, and missions. This subscription of ENVI Maintenance, ENVI Maintenance Renewals and ENVI Atmospheric Correction Module License consist of a base year and three (3) one (1) year options with an anticipated award date of 27July 2023. The subscription periods per product are listed in the table below. It is in the Government's intent to make a sole source award utilizing the authority set forth in 41 United States Code 1901 as implemented in FAR 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items. The 2022 North American Classification System (NAICS) Code for this procurement is 513210-Computer Software Publishers. The Product Service Code (PSC) is 7A21. The request for quote (RFQ) for this requirement is PANAPG-23-P-0000-009599 and quotations are due within three business days of this notification, no later than close of business at 1600 (EST) on 16 August 2023. Product Descriptions - This requirement is for the purchase of HGSI ENVI toolkit software license and maintenance support. Base Year: Period of Performance: 01 May 2023 - 30 April 2024 Contract Line Item Number (CLIN) Product Description Manufacturer Number Maintenance Number Quantity Period of Performance (POP) 0001 ENVI DEM Extraction Module Maintenance 26DEMMTR 237461 659 01 May 2023-30 April 2024 0002 ENVI+ IDL Maintenance 20EIDLMTR 237458 659 01 May 2023-30 April 2024 0003 ENVI NITF Module Maintenance 24NITFMTR 237459 659 01 May 2023-30 April 2024 0004 ENVI Feature Extraction Module Maintenance 260FEMTR 237460 659 01 May 2023-30 April 2024 0005 ENVI Atmospheric Correction Module License 23ACMLIC N/A 49 01 May 2023-30 April 2024 Option Year 1: Period of Performance: 01 May 2024 - 30 April 2025 CLIN Product Description Manufacturer Number Maintenance Number Quantity POP 1000 ENVI DEM Extraction Module Maintenance 26DEMMTR 237461 659 01 May 2024-30 April 2025 1002 ENVI+ IDL Maintenance 20EIDLMTR 237458 659 01 May 2024-30 April 2025 1003 ENVI NITF Module Maintenance 24NITFMTR 237459 659 01 May 2024-30 April 2025 1004 ENVI Feature Extraction Module Maintenance 260FEMTR 237460 659 01 May 2024-30 April 2025 1005 ENVI Atmospheric Correction Module Maintenance 23ACMMTR N/A 49 01 May 2024-30 April 2025 Option Year 2: Period of Performance: 01 May 2025 - 30 April 2026 CLIN Product Description Manufacturer Number Maintenance Number Quantity POP 2001 ENVI DEM Extraction Module Maintenance 26DEMMTR 237461 659 01 May 2025-30 April 2026 2002 ENVI+ IDL Maintenance 20EIDLMTR 237458 659 01 May 2025-30 April 2026 2003 ENVI NITF Module Maintenance 24NITFMTR 237459 659 01 May 2025-30 April 2026 2004 ENVI Feature Extraction Module Maintenance 260FEMTR 237460 659 01 May 2025-30 April 2026 2005 ENVI Atmospheric Correction Module Maintenance 23ACMMTR N/A 49 01 May 2025-30 April 2026 Option Year 3: Period of Performance: 01 May 2026 - 30 April 2027 CLIN Product Description Manufacturer Number Maintenance Number Quantity POP 3001 ENVI DEM Extraction Module Maintenance 26DEMMTR 237461 659 01 May 2026-30 April 2027 3002 ENVI+ IDL Maintenance 20EIDLMTR 237458 659 01 May 2026-30 April 2027 3003 ENVI NITF Module Maintenance 24NITFMTR 237459 659 01 May 2026-30 April 2027 3004 ENVI Feature Extraction Module Maintenance 260FEMTR 237460 659 01 May 2026-30 April 2027 3005 ENVI Atmospheric Correction Module Maintenance 23ACMMTR N/A 49 01 May 2026-30 April 2027 Respondent Instructions - Reponses shall clearly indicate the following: All quotes should indicate the part numbers and product description specified under the above Product Description, with itemized pricing for each part number/product description specified and all associated costs, such as taxes and shipping. Any deviations from the Part Numbers/Product Descriptions specified shall be explained in the Offeror's response. Contractor CAGE Code, DUNS Number and business type / size. Published Commercial Price, if applicable. Any and all applicable discounts applied to the pricing. The Contractor shall provide other than certified cost or pricing data IAW FAR 15.403-3, Requiring data other than certified cost or pricing data. Quotes shall separately identify any applicable costs associated with meeting the delivery instructions. Shall provide a copy of the Contractors End User License Agreement(s) and / or Software License / Maintenance Agreements associated with the item(s) listed above. If no agreement exists, the respondent shall clearly state that in the provided quote. The offeror shall provide confirmation and understanding of required clauses (listed below) the Government will incorporate within the award documentation. Proof of confirmation and understanding shall be acknowledged through a bilateral signed contract agreement. Shall be certified / authorized to sell HGSI ENVI Software Toolkit Licenses and Software Maintenance. Shall be authorized to sell this product to the U.S. Government, specifically the U.S. Army. Evaluation Factors for Award: Source Selection Procedures are not applicable as the required software shall be procured on a sole source basis. Contracting by negotiations will be utilized in this procurement. Upon receipt of the quote, a technical evaluation will be conducted to ensure the proposed software products are acceptable to support the acquisition. The quote will be rated as either - Acceptable or - Unacceptable as defined below: Acceptable The quote clearly meets the minimum requirements of this RFQ. Unacceptable The quote does not meet the minimum requirements of this RFQ. Furthermore, the Governments evaluation will consider the fairness and reasonableness of the proposed prices in order to successfully meet all requirements of this RFQ. The proposed price will be evaluated in accordance with FAR 15.404-1(b). The analytical techniques and procedures described in FAR 15.404-1 may be used singly or in combination with others, as determined by the Contracting Officer, to ensure that the proposed costs are fair and reasonable. The Contractor shall provide other than certified cost or pricing data IAW FAR 15.403-3, requiring data other than certified cost or pricing data. The Contracting Officer will determine whether the proposed price is fair and reasonable based upon the results of the above mentioned evaluations. While it is the Government's intent to make a sole source award utilizing the authority 41 United States Code 1901 as implemented in FAR 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items, any quotes received from authorized distributors will be considered. If multiple quotes are received from authorized distributors the basis of award will be lowest price technically acceptable. Only those offerors who have received an - acceptable rating IAW the definition above will be considered for award. Special Contract Requirements: Software License Agreement (SLA) / End User License Agreement (EULA) The Government shall not award any order under this contract unless the corresponding commercial software license agreements are reviewed and approved by the Contracting Officer. The Government shall not accept any commercial software license terms that conflict with federal procurement law or do not satisfy user needs. Commercial Software License terms that are unacceptable to the Government include (but are not limited to) indemnification provisions (and other types of provisions that include unauthorized or unbudgeted funding obligations), attorney's fees provision, state or foreign choice of law/jurisdiction provisions, binding arbitration provisions, and injunctive relief provisions. The agreed to SLAs / EULAs will be attached to the contract/purchase order as attachments in Section J - List of Attachments of the award. The offeror shall provide a copy of the Contractors End User License Agreement(s) of Software Maintenance Agreements associated with the item(s) listed above. If no agreement exists clearly state that in the provided quote. This document is not a purchase order, a contract, or a promise to issue an award. The Government will not pay for any submitted information or the cost to submit these items/response to this RFQ. The evaluation will be based upon the base year and any anticipated options. The offeror must also be responsive, and responsible (as defined at FAR Subpart 9.1). The Government reserves the right to issue an award in part or in whole for the items described above. The Government is not obligated to make an award for all, or any portion of the items described. Quotes are due 1600 EST on 16 August 2023. Questions or concerns regarding this request should be sent to the Contract Specialist, Ms. Amber Peeples, via email at amber.k.peeples.civ@army.mil. Please submit your response/quote no later than 1600 EST 16 August 2023 via email to the following email addresses: amber.k.peeples.civ@army.mil, and Procuring Contracting Officer, anh.n.pena.civ@army.mil. Delivery Instructions: HGSI ENVI Software Toolkit Licenses and Software Maintenance shall be activated/delivered with inspection and acceptance at destination: Ship to Address: Ship to DODAAC#: W90W2B CECOM SEC IEW&S ATTN: Angela R. Sbraccia 6580 Surveillance Loop, Bldg. 6006 Aberdeen Proving Ground, MD 21005 angela.r.sbraccia.civ@army.mil (443) 861-3152 Ship to DODAAC#: W90W2B PM IS&A ATTN: Alejandro Angel 6580 Surveillance Loop, Bldg. 6006 Aberdeen Proving Ground, MD 21005 alejandro.angel.civ@army.mil (443) 861-3731 Inspection: DoDAAC: W81B81 ATTN: Ms. Monica Herbert CECOM Software Engineering Center - Aberdeen 6585 Surveillance Loop, Bldg. 6002 Aberdeen Proving Ground, MD 21005 monica.p.herbert.civ@army.mil (443) 861-8371 Acceptance: DODAAC: W56JSR ATTN: Ms. Anh Pena Army Contracting Center - Division E 6565 Surveillance Loop, Bldg. 6001 Aberdeen Proving Ground, MD 21005 Email: anh.n.pena.civ@army.mil (443) 861-4982 The following will be incorporated into the award document for this requirement to include applicable commercial clauses: Contract Clauses: FAR/DFARS Description 52.204-7 SYSTEM FOR AWARD MANAGEMENT 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 iNCORPORATION BY rEFERENCE OF rEPRESENTATIONS AND cERTIFICATIONS 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (NOV 2021) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-- COMMERCIAL ITEMS (MAY 2022) 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA - MODIFICATIONS (NOV 2021) 52.217-3 EVALUATION EXLUSIVE OF OPTIONS 52.217-5 EVALUATION OF OPTIONS (JUL 1990) 52.222-3 CONVICT LABOR (JUN 2003) 52.222-19 CHILD LABOR COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2022) 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) 52.222-26 EQUAL OPPORTUNITY (SEP 2016) 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (JUN 2020) 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 2020) 52.222-50 COMBATTING TRAFFICKING IN PERSONS (NOV 2021) 52.232-1 PAYMENTS (APR 1984) 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 52.233-1 DISPUTES (MAY 2014) 52.233-3 PROTEST AFTER AWARD (AUG 1996) 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 52.242-15 STOP-WORK ORDER (AUG 1989) 52.242-17 GOVERNMENT DELAY OF WORK 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996) 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) 52.247-34 F.O.B. DESTINATION 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018) 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 252.243-7001 PRICING OF CONTRACT MODIFICATIONS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (TO BE COMPLETED PRIOR TO AWARD) 252.227-7015 TECHNICAL DATA COMMERCIAL ITEMS 252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION 252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE 252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA The following provisions shall be incorporated by full text or reference: 52.212-2 Evaluation -- Commercial Items (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 factors shall be used to evaluate offers: Price Technical and past performance, when combined, are __N/A________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.] (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. (End of Provision) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer. The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. The following provisions are applicable to this RFQ: The provision at 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. 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 120 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 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 60 months. 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer. Anh Pena 6565 Surveillance Loop Aberdeen Proving Ground, MD 21005 anh.n.pena.civ@army.mil (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) All provisions and clauses can be viewed in their entirety at https://www.acquisition.gov.