MERCURY LOADRUNNER ANNUAL 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 written solicitation will not be issued. The AMC Specialized Contracting Branch intends to solicit and award a firm-fixed price purchase order, under Federal Acquisition Regulation (FAR) Part 12. This is a 100% small business set aside. The North American Industry Classification System (NAICS) for this acquisition is 541511 with a Small Business Size Standard dollar amount is $25,000,000.00. Please identify your business size in your response based upon this standard. The solicitation number for this announcement is Request for Quote (RFQ) FA4452-09-Q-A028. It is the intent of the AMC Specialized Contracting Branch to award a firm fixed purchase order to one contractor to provide an annual software (SW) maintenance agreement for the Mercury LoadRunner software currently in support of the GDSS2 Program centrally managed at Scott AFB, IL. The contractor must furnish and deliver the following services: Qty 1 - Mercury LoadRunner Controller & Monitor - SW with LTU upgrade rights, Qty 5 -Mercury LoadRunner GUI Virtual Users Site SW, Qty 700 - Mercury LoadRunner Protocols Group- SW. The period of performance dates are 01 October 2009 - 30 September 2010. The Government anticipates award to one contractor at the lowest total price technically acceptable meeting the stated requirements for all line items. A response to this request shall consist of completion of the Request for Quote (RFQ) FA4452-09-Q-A028 Information Sheet and submission of a technical proposal that addresses the requirements listed Attachment 1. Cost/price quotes shall be in accordance with items listed above and include any shipping cost within the unit price. The Government reserves the right to cancel this solicitation, with no obligation to the offeror by the Government. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-36. The provision at FAR 52.212-1, Instructions to Offerors-Commercial Items applies to this acquisition. Offerors are required to submit with their quote a completed copy of Offeror Representations and Certification--Commercial Items, or provide notification that their Representations and Certifications are available on the Online Representations and Certifications Application (ORCA) at https://orca.bpn.gov. The clause at FAR 52.204-7 Central Contractor Registration applies to this acquisition. The clause at FAR 52.211-14, Notice of Priority Rating for National Defense, Emergency, Preparedness, and Energy Program Use applies to this acquisition. The clause at FAR 52.212-4, Contract Terms and Conditions--Commercial Items, applies to this acquisition. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes Or Executive Orders--Commercial Items, applies to this acquisition, with the following clauses: FAR 52.203-6, Restrictions on Subcontractor Sales to the Government with Alternate I; 52.219-6, Notice of Total Small Business Set-Aside; FAR 52.222-3, Convict Labor; FAR 52.222-19, Child Labor--Cooperation with Authorities and Remedies; FAR 52.222-21 Prohibition of Segregated Facilities; FAR 52.222-26, Equal Opportunity; FAR 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans; FAR 52.222-36, Affirmative Action for Workers with Disabilities; FAR 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans; FAR 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees; FAR 52.225-13, Restrictions on Certain Foreign Purchases; FAR 52.232-18, Availability Of Funds; FAR 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration. The clause at DFARS 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items, applies to this acquisition with the following clauses: FAR 52.203-3, Gratuities; DFARS 252.225-7001 Buy American Act and Balance of Payments Program; DFARS 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program; DFARS 252.227-7015, Technical Data--Commercial Items; DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data; DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports; DFARS 252.243-7002, Requests for Equitable Adjustment; and DFARS 252.247-7023, Transportation of Supplies by Sea. The clause at AFFARS 5352.201-9101 Ombudsman - (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 Center/MAJCOM ombudsmen, Mr. Michael Jackson, HQ AMC/A7K, 507 Symington Dr, Scott AFB, IL 62225-5022, 618-229-0267, FAX 618-256-6668, email: Michael.jackson@scott.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM 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. The clause at FAR 52.211-15 Defense Priority and Allocation Requirements applies to this acquisition. This is a DO rated order under the Defense Priorities and Allocations System (DPAS). Wide Area Workflow procedures shall be used for invoicing and acceptance on this requirement. Quotes and any questions regarding this RFQ must be submitted by E-mail to Carolyn.smith-02@scott.af.mil and Lisa.gibbons-02@scott.af.mil no later than 16 Sept 2009, 1200 p.m. CDT. Your E-mail submission must be checked and determined to be "virus-free" prior to submission. To view the clauses in full text, visit www.acqnet.gov/far or farsite.hill.af.mil.