OpenText Software Maintenance for ATEC

This is a combined synopsis/solicitation, W91CRB-21-R-0051 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 requested herein and a separate written solicitation will not be issued. This requirement is solicited using FAR Subpart 13.5 - Simplified Procedures for Certain Commercial Items. This solicitation is being issued as a Request for Quotation (RFQ). This includes a brand name restriction subject to the authority under 13.106-1(b)(2) for purchases exceeding the simplified acquisition threshold. The requirements at 13.501(a) apply to sole-source (including brand-name) acquisitions of commercial items conducted pursuant to subpart 13.5. A copy of the brand name limited sources justification is included with this announcement in Attachment 2. This RFQ is a 100% Small Business Set-Aside under NAICS Code: 511210 Software Publishers. The size standard for NAICS Code 511210 is $41.5M. The U.S. Army Contracting Command- Aberdeen Proving Ground (ACC-APG), an agency of the Government, intends to procure the following contract to provide Open Text Software Maintenance in support of the U.S. Army Test and Evaluation Command, Aberdeen Proving Ground, Maryland. The Government anticipates the issuance of a Firm Fixed Price contract as a result of the subject solicitation. The anticipated maintenance coverage for the software is for one year after the date of award. All items are requested to be quoted upon and specified by the vendor as listed in the Attachment 1 - Purchase Description. Instructions to Offerors: It is the responsibility of the Offeror to ensure that their quote is compliant with ALL provisions of the FAR and its supplements. The Government MAY, but is not obligated to, consider a quote that is non-compliant with any provision of the FAR and its supplements. Furthermore, the Government is NOT required to inform any Offeror that their quote is non-compliant with the FAR or any of its supplements. Failure of an Offer to comply with any provision of the FAR and its supplements may result in the Offeror being deemed non-responsive to the solicitation. Delivery Location will be at the following Government address: HQ ATEC ATTN: ATEC011-09fy21, 6662 Raritan Ave, B3074, Aberdeen Proving Ground, MD 21005; For all Electronic deliveries, an email address will be provided in the contract award. All responsible sources may submit a quote, which will be considered by the Contracting Officer. The offeror must be registered in the System for Award Management (SAM) database and include the assigned CAGE Code and DUNS number with their quote. The offeror shall submit their quote via email to the Contract Specialist AND the Contracting Officer by 10:30AM - Local Maryland Time on 31 August 2021; Emails: robin.m.delossantos.civ@mail.mil and erin.k.weber.civ@mail.mil, respectively. Please note there is a 5MB limit on email size. Contact information: Robin Delossantos Contract Specialist Army Contracting Command- Aberdeen Proving Ground (ACC-APG) Phone: 443-676-5414 (telework) Contracting Officer: Erin K. Weber Army Contracting Command- Aberdeen Proving Ground (ACC-APG) Phone: 410-306-2790 The Government will accept questions regarding this solicitation until 3:00pm local Maryland time on 24 August 2021. ALL questions must be submitted to the Contract Specialist AND Contracting Officer listed above. 5. Quotes are limited to three (3) pages, excluding any certifications, representations, or completed provisions/clauses required for submission. BASIS FOR AWARD: A single award will be made based on the Lowest Price Technically Acceptable (LPTA) evaluation approach. To be Technically Acceptable, an offeror's quote must (1) meet the specifications of the CLIN outlined in the Attachment 1 - Purchase Description. FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014): (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: Factor 1 Technical: Offeror's quote clearly meets the Government's requirement within the Attachment 1 - Purchase Description. The technical element of the evaluation shall be based solely on information furnished by the vendor. The Government is not responsible for locating or securing any information which is not provided in the quote. Factor 2 Price: Price will be evaluated based on the total proposed price for CLIN 0001. CLAUSES & PROVISIONS: It is the responsibility of the Offeror to ensure that their quote is compliant with ALL provisions of the FAR and its supplements. The following FAR and DFAR provisions and clauses are applicable to this solicitation: FAR 52.203-12 Limitation On Payments To Influence Certain Federal Transactions FAR 52.204-7 System for Award Management FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.204-13 System for Award Management Maintenance FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-19 Incorporation by Reference of Representations and Certifications. FAR 52.204-20 Predecessor of Offeror FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (The Offeror is required to complete and submit a copy of the FAR provision as an electronic attachment with their quotation) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation. (The Offeror is required to complete and submit a copy of the FAR provision as an electronic attachment with their quotation) FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS'REPRESENTATION FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW FAR 52.212-1, Instructions to Offerors- Commercial; FAR 52.212-3, Offerors Representations and Certifications-Commercial Items, (The Offeror is required to complete and submit a copy of the FAR provision as an electronic attachment with their quotation); FAR 52.212-4 Contract Terms and Conditions, Commercial Items; FAR 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders-Commercial Items; for Paragraph (b) the following clauses apply: 52.203-6, Restrictions on Subcontractor Sales to the Government 52.203-13, Contractor Code of Business Ethics and Conduct 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. 52.219-6, Notice of Total Small Business Set-Aside 52.219-28, Post Award Small Business Program Rerepresentation 52.222-3, Convict Labor 52.222-19, Child Labor--Cooperation with Authorities and Remedies 52.222-21, Prohibition of Segregated Facilities 52.222-26, Equal Opportunity 52.222-35, Equal Opportunity for Veterans 52.222-36, Equal Opportunity for Workers with Disabilities 52.222-37, Employment Reports on Veterans 52.222-40, Notification of Employee Rights Under the National Labor Relations Act 52.222-50, Combating Trafficking in Persons 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-5, Trade Agreements 52.225-13, Restrictions on Certain Foreign Purchases 52.232-33, Payment by Electronic Funds Transfer'System for Award Management FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS - Alternate I (The Offeror is required to complete and submit a copy of the FAR provision as an electronic attachment with their quotation) FAR 52.225-18 PLACE OF MANUFACTURE FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. FAR 52.227-01 Authorization and Consent; FAR 52.227-02 Notice and Assistance Regarding Patent and Copyright Infringement; FAR 52.227-03 Patent Indemnity; FAR 52.227-06 Royalty Information; FAR 52.227-09 Refund of Royalties; FAR 52.232-1 Payments under Fixed Price Contracts FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-1 Disputes FAR 52.243-1 Changes, Fixed Price; FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7003 Agency Office of the Inspector General DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7003 Control Of Government Personnel Work Product DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support DFARS 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism DFARS 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION DFARS 252.225-7002 Qualifying Country Sources As Subcontractors DFAR 252.225-7012 Preference For Certain Domestic Commodities DFARS 252.225-7021 Trade Agreements--Basic DFARS 252.225-7031 Secondary Arab Boycott Of Israel DFARS 252.225-7048 Export-Controlled Items DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports; and DFARS 252.232-7006 Wide Area Workflow Payment Instructions. DFARS 252.232-7010 Levies on Contract Payments DFARS 252.239-7001 Information Assurance Contractor Training and Certification DFARS 252.239-7018 (Dev) Supply Chain Risk (DEVIATION 2018-O0020). DFARS 252.243-7001 Pricing Of Contract Modifications DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.247-7023 Transportation of Supplies by Sea Full text of these provisions and clauses, with noted exceptions regarding local clauses, may be obtained by accessing the following internet website: https://www.acquisition.gov/browse/index/far. The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2021-06.