NetApp FAS2050 and SW-DFM

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 12.6 as supplemented with additional information included in the notices. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Paper copies of this solicitation will not be available. (i) RFQ34456 is issued as a Commercial Solicitation using Simplified Acquisition Procedures found in FAR Part 13. (ii) This solicitation document and incorporated provisions and clauses are those that are in effect through Federal Acquisition Circular 2005-31. (iii) It is the Contractor's responsibility to be familiar with applicable clauses and provisions. (iv) This acquisition will be set-aside 100% for small business. (v) The NAICS Code is 334112 with a small business size standard of 1000 employees (500 employees for a non-manufacturer). (vi) The specification for the NetApp FAS 2050-R5 and NetApp SW-DFM is attached. (vii) The items must be delivered and accepted FOB Destination within 30 days after award. (viii) The provision at FAR 51.212-1, Instructions to Offerors-Commercial, applies to this acquisition. (ix) SAO will award a firm-fixed price purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be more advantageous to SAO. (x) The following factors shall be used to evaluate offers: price and delivery time. (xi) If this will not be awarded against a GSA schedule, or other Government wide contract, then Offerors are to include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, with their quotes. (xii) Unless this is awarded against a GSA schedule, or other Government wide contract, the clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items, as modified, is applicable to this acquisition. Delete paragraph d. Disputes, and replace with the following: d. DISPUTES. Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer. All disputes must be submitted within 12 months after accrual of the claim to the Contracting Officer for a written decision. The Contracting Officer shall mail or otherwise furnish a copy thereof to the Contractor. This decision shall be final and conclusive unless, within 60 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Secretary of the Smithsonian Institution. The decision of the Secretary or his/her duly authorized representative for the determination of such appeals shall be final and conclusive, unless determined to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. The Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. Delete paragraph g(2). (xiii) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, is also applicable (unless award is made against a GSA Schedule or other GWAC). Specifically, the following clauses are applicable: 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402); 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644); 52.222-3, Convict Labor (June 2003) (E.O. 11755); 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126); 52.222-21, Prohibition of Segregated Facilities (Feb 1999); 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246); 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212); 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793); 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212); 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201); 52.222-50, Combating Trafficking in Persons Feb 2009) (22 U.S.C. 7104(g)); 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b); 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d); 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury); 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332); 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553); and 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). All quotes must be sent to EJ Dotts at: FAX: (617) 496-7978; or via email at: edotts@cfa.harvard.edu. Proposals are due no later than 2PM local time, 13 April 2009.