Wind River VxWorks Licenses

SUBJECT: Wind River VxWorks Licenses, Associated Products and Annual e-SUPPORT & 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; proposals are being requested and a written solicitation will not be issued. The solicitation number is PANAPG-22-P-0000 015955 and this solicitation 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) Quotation for Commercial-Off-The-Shelf (COTS) renewal of the Wind River VxWorks Licenses, Associated Products and Annual e-SUPPORT & Maintenance software products. This effort is in support of the Communications-Electronics Command (CECOM) Software Engineering Center (SEC) Services and Intelligence Electronic Warfare and Sensors (IEW&S) Long Range Scout Surveillance System (LRAS3) Directorates and Product Manager Ground Sensors. This procurement will consist of one (1) twelve (12) month subscription period with an anticipated award date of 02 September 2022. It is the Government's intent to make a brand name award utilizing the authority set FAR 16.505(a)(4) - Restricting consideration to an item peculiar to one manufacturer (e.g., a particular brand-name, product, or a feature of a product that is peculiar to one manufacturer). The North American Classification System (NAICS) Code for this procurement is 541519 - Information Technology Value Added Resellers with a Small Business Administration (SBA) size standard of 150 employees. The Product Service Code (PSC) is 7A21. The request for quote (RFQ) for this requirement is PANAPG-22-P-0000 015955 and quotations are due within five business days of this notification, no later than close of business at 1600 (EST) on 03 August 2022. Product Descriptions - This requirement is for the procurement of Wind River Platform for Automotive Devices (AD), Consumer Devices (CD), Industrial Devices (ID), Medical Devices (MD) and Network Equipment (NE) VxWorks 6.9 Subscription annual renewals. CLIN Subscription Period Description Item Number Quantity Unit of Issue 1000 09/02/2022-09/01/2023 Wind River Platform for AD, CD, ID, MD and NE VxWorks 6.9 Subscription Lic# 679324 (Subscription) 535-186280 500-186351 1 EA 1001 09/02/2022-09/01/2023 Long Term e-Support Annual 535-177850 500-166006 1 EA 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. 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 clearly state that in the provided quote. Provide confirmation and understanding of required clauses (listed below) the Government will incorporate within the award documentation. Shall be certified / authorized to sell Wind River VxWorks Licenses, Associated Products and Annual e-SUPPORT & Maintenance software renewals. Shall be authorized to sell this product to the U.S. Government, specifically the U.S. Army. Evaluation Factors for Award / Basis for Award: The Government intends to award this action as a delivery order against the mandated Computer Hardware Enterprise Software and Solutions (CHESS) vehicle, per FAR 16.505(a)(4) - Restricting consideration to an item peculiar to one manufacturer (e.g., a particular brand-name, product, or a feature of a product that is peculiar to one manufacturer). The order will be awarded to the lowest price / technically acceptable (LPTA) bidder. The evaluation will be based upon the requested subscription period. The offeror must also be responsive and responsible. 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 Government's evaluation will consider the fair and reasonableness of the proposed prices 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. 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. The order shall be issued on a Firm-Fixed-Price (FFP) contract type. 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 an attachment in Section J - List of Attachments of the award. The offeror shall provide a copy of the Contractors End User License Agreement(s) or Software Maintenance Agreements associated with the item(s) listed above. If no agreement exists 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. 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. 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 intends to award this action as a delivery order against the mandated Computer Hardware Enterprise Software and Solutions (CHESS) vehicle. 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. Questions or concerns regarding this request should be sent to the Purchasing Agent, Ms. Jessica Landon, via email at jessica.j.landon.civ@army.mil and Procuring Contracting Officer, Ms. Idia Osaghae, idia.i.osaghae.civ@army.mil. Please submit your response/quote no later than 1600 EST 03 August 2022 via email to the following email addresses: monica.d.holmes2.civ@army.mil, lynette.n.perez.civ@army.mil, and Procuring Contracting Officer, idia.i.osaghae.civ@army.mil. Delivery Instructions: Wind River VxWorks Licenses, Associated Products and Annual e-SUPPORT & Maintenance shall be activated/ delivered with inspection and acceptance at destination: Ship to Address: DODAAC: W90W2B Software Engineering Center Attn: Carlos Sanchez 6580 Surveillance Loop Building 6006 Aberdeen Proving Gro MD 21005-1845 carlos.r.sanchez.civ@army.mil (443) 861-3747 Inspection: DoDAAC: W81B81 ATTN: Monica Herbert CECOM Software Engineering Center - Aberdeen 6585 Surveillance Loop, Bldg. 6002 Aberdeen Proving Ground, MD 21005 Email: monica.p.herbert.civ@army.mil (443) 861-8491 Acceptance: DODAAC: W56JSR ATTN: Lynette Perez ACC-APG 6565 Surveillance Loop, Bldg. 6001 Aberdeen Proving Ground, MD 21005 Email: lynette.n.perez.civ@army.mil The following will be incorporated into the solicitation and award document for this requirement to include applicable commercial clauses: Provision / Contract Clauses: FAR/DFARS Description 52.204-7 SYSTEM FOR AWARD MANAGEMENT 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST TIER SUBCONTRACT AWARDS 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 iNCORPORATION BY rEFERENCE OF rEPRESENTATIONS AND cERTIFICATIONS 52.204-20 PREDECESSOR OF OFFEROR 52.204-25 PROHIBITION OF CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO sURVEILLANCE SERVICES OR EQUIPMENT 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES'REPRESENTATION 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS 52.212-3 Offeror Representations and Certifications'Commercial Products and Commercial Services--Alternate I 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JUL 2013) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-- COMMERCIAL ITEMS (NOV 2017) 52.215-21 REQUIREMENT FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA-MODIFICATIONS 52.217-3 STATUTES OR EXECUTIVE ORDERS-- COMMERCIAL ITEMS (NOV 2017) 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 52.222-25 AFFIRMATIVE ACTION COMPLIANCE 52.222-26 EQUAL OPPORTUNITY (MAR 2007) 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2010) 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES 52.222-50 COMBATTING TRAFFICKING IN PERSONS (NOV 2021) 52.232-1 PAYMENTS 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) -- ALTERNATE I (APR 1984) 52.232-29 TERMS FOR FINANCING OF PURCHASES OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-1 DISPUTES (JUL 2002) 52.233-3 PROTEST AFTER AWARD 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 (APR 1984) 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 (NOV 1991) 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) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7003 Control of Government Personnel Work Product 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 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 252.243-7001 PRICING OF CONTRACT MODIFICATIONS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (TO BE COMPLETED AT AWARD) 252.227-7015 Technical Data'Commercial Items 252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE 252.227-7037 Validation of Restrictive Markings on Technical Data 252.225-7001 Buy American and Balance of Payments Program 252.225-7048 Export-Controlled Items The following provisions shall be incorporated by full text or reference: 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. The provision at 52.252-5, Authorized Deviations in Provisions. The provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services'Representation. The provision at 252.204-717, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services'Representation. All provisions and clauses can be viewed in their entirety at https://www.acquisition.gov.