Amendment 2 to RFQ GSA-TFI-2007-006 clarifies the issued solicitation. This amendment to the notice is the final intended: Offers and offer revisions (if any) and due date is now set as 12/14/2006, 4:30 PM by e-mail to
[email protected], and with a copy to
[email protected]. See offer submission requirements 52.212-1 below. NAICS 334119, SIC 7025. Award of contract under commercial terms and conditions unchanged, intended as FAR a Part 13.5 Test Program for Certain Commercial Items buy and as FAR Part 12 Acquisition of Commercial Items respectively allows. See Evaluation commercial items 52.212-2 and Instructions to Offerors Commercial Items 52.212-1 attached. GSA intends acquiring on behalf of its DOD client a quantity of seven (7) of one specific make and model of Excel Meridian Data, Inc. of Carrollton Texas, Meridian SecurStor subsystems, 24SATA-II FC to SATA-II (part number SS24SATA-FCR-512-24-5002) with Dual RAID controller Disk Subsystem. This system is DCCI validated and is the only know DCCI validated system. Offers of systems without DCCI validation will be disqualified. DCCI validation is the only means the client has to insures the subsystem is useful for its forensic processes as is required by the American Society of Criminal Laboratory Directors (ASCLD) in order for the client to maintain its ASCLD accreditation. There were questions from industry and are most generally stated here as: QUESTION 1) The products specified are not manufactured by Excel/Meridian Data. They are manufactured by Infotrend, Inc. There are many Infotrend resellers. Can this buy be conducted as an open market competition? ANSWER 1) The overriding Government need is for a DCCI validated implementation. The Excel/Meridian implementation contains specific software, controller cards, HDDs, and Firmware in their implementation and which are the DCCI validate systems configuration. QUESTION 2) Why not an American product. Product not manufactured in the US. Why doesn t Buy American Act apply to this procurement? ANSWER 2) Buy American is important to GSA and we always try to conduct procurements on this basis, however in this instance the overriding DOD requirement for our clients is for a DCCI validated system. Conversely, if offers are for other DCCI validated systems, of a domestic or foreign products source these all will are evaluated under our stated standardized evaluation criteria. GSA is conducting this Information Technology (IT) buy on behalf of DOD and there are blanket exceptions for FY 2004 through 2006 by class deviation issued for DOD signed by the Director of Defense Procurement and Acquisition Policy under numbers 2004-O0003, 2005-O0004, and 2006-O0010 for DOD to allow IT purchase from foreign sources. Annual appropriations acts also address continuation of this exception for DOD and now interim FAR rules established are proposed to adopt this exception on an ongoing basis. QUESTION 3) How much disc capacity is required with each unit delivered? ANSWER 3) Offers on this buy must include 8TB of HDD capacity in 2TB increments. The balance of the technical specification initially provided remains unchanged by this amendment. Technical and price Evaluation are unchanged except to clarify that the DCCI validation is a part of the Technical Specification Sub-Factor. Price Evaluation emphasis: The Government has not changed its position on the Price evaluation sub-factor. Price remains significantly less important than technical sub -factors. The Government intends to issuing one contract under commercial terms and conditions as allowed by FAR part 13.5 and 12, against this combined synopsis and solicitation after evaluating offers found acceptable and to the best value offer. Contact Phyllis D. Rose as the primary POC. ONLY contact the alternate POC if the primary is not available on the day of your inquiry. GSA reserves the right to issue a contract on receipt of final offer s clarifications as a result of this RFQ Amendment without holding meaningful discussions. 52.212-1 Instructions to Offerors?Commercial Items (Sept 2006) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in the solicitation cover page. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the company letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show? (1) The solicitation number GSA-TFI-2007-006; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) Remit to address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(k) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. NA (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is late and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and? (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government s control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror s initial offer should contain the offeror s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to? GSA Federal Supply Service Specifications Section Suite 8100 470 East L Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (http://assist.daps.dla.mil). (ii) Quick Search (http://assist.daps.dla.mil/quicksearch). (iii) ASSISTdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by? (i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation DUNS or DUNS+4 followed by the DUNS or DUNS+4 number that identifies the offeror s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same parent concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://www.dnb.com. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. (k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency s evaluation of the significant weak or deficient factors in the debriefed offeror s offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of provision) 52.212-2 Evaluation Commercial Items. As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: EVALUATION?COMMERCIAL ITEMS (JAN 1999) (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: Technical Sub-Factors in their descending order of importance: Meets Client s Minimum Technical Requirements as RFQ specifies ________________________________________________ Meets Client s RFQ Quality Standards as RFQ specifies ________________________________________________ Meets Client s RFQ Past Performance Standards as RFQ specifies ________________________________________________ Other Sub-Factors: Total Price [Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); (iv) small disadvantaged business participation; and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.] Technical and past performance, when combined, are SIGNIFICANTLY MORE IMPORTANT THAN PRICE [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)