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. The solicitation number is Commvault-software11554036 and is issued as a Request for Quote (RFQ), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-07. The associated North American Industrial Classification System (NAICS) code for this procurement is 334614 with a small business size standard of 1,250.00 employees. This requirement is a Small Business Set-Aside and only qualified sellers may submit bids. The solicitation pricing on www.UnisonMarketplace.com will start on the date this solicitation is posted, and, unless otherwise displayed at www.UnisonMarketplace.com, will end on: 2021-09-08 11:30:00.0 Eastern Time . This time supersedes the Offers Due Time listed above. FOB Destination shall be Fort Gordon, GA 30905 The MICC End User requires the following items, Brand Name or Equal, to the following: LI 001: Commvault VM Backup & Recovery Advanced Software Support (10 pack), 1, EA; LI 002: Data Protection Enterprise feature pack, at least 1 TB capacity (qty43), 1, EA; Solicitation and Buy Attachments ***Question Submission: Interested Offerers must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.UnisonMarketplace.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, MICC End User intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, Unison Marketplace. Unison Marketplace has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. MICC End User is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids. All responsible Offerers that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.UnisonMarketplace.com. There is no cost to register, review procurement data or make a bid on www.UnisonMarketplace.com. Offerers that are not currently registered to use www.UnisonMarketplace.com should proceed to www.UnisonMarketplace.com to complete their free registration. Offerers that require special considerations or assistance may contact Marketplace Support at 1.877.933.3243 or via email at
[email protected]. Offerers may not artificially manipulate the price of a transaction on www.UnisonMarketplace.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.UnisonMarketplace.com process or to collude with the intent or effect of hampering the competitive www.UnisonMarketplace.com process. Should Offerers require additional clarification, notify the point of contact or Marketplace Support at 1.877.933.3243 or
[email protected] of Unison Marketplace: Buyers and Sellers agree to conduct this transaction through Unison Marketplace in compliance with the Unison Marketplace Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. This is currently an unfunded requirement with a high expectation that funds will be available. When and if funds become available a contract will be awarded at that time. The offeror must comply with the following commercial item terms and conditions: FAR 52.252-1, Solicitation. Provisions Incorporated by Reference; FAR 52.212-1, Instructions to Offerors; 52.212-3, Offeror Representations and Certifications; FAR 52.211-6, Brand name or Equal. The following clauses apply to this solicitation: FAR 52.212-4, Contract Terms and Conditions – Commercial Items. The following FAR clauses in paragraph (b) of FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, apply: 52.204-10, Reporting Executive Compensation and First Tier Subcontract Awards; 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; 52.222-36, Affirmative Action for Workers with Disabilities; 52.225-13, Restrictions on Certain Foreign Purchases; 52.232-33, Payment by Electronic Funds Transfer--System for Award Management. 52.233-4, Applicable Law for Breach of Contract Claim; The following DFARS clauses apply: DFARS 252.04-7004, Alternate A System for Award Management; 252.211-7003, Item Identification and Valuation; 252.225-7002, Qualifying Country Sources as Subcontractors; 252.232-7010, Levies on Contract Payments; 252.203-7000, Requirements Relating to Compensation of Former DoD Officials; 252.225-7001, Buy American Act and Balance Of Payments Program; 252.225-7036, Buy American Act -- Free Trade Agreements -- Balance of Payments Program; 252.232-7003, Electronic Submission of Payment Requests; 252.247-7023, Primary and ALT III, Transportation of Supplies by Sea. IAW 52.204-7 System for Award Management (SAM) Registration (July 2013), the offeror must be registered in SAM and fully input their Representations and Certifications for a complete record. Information can be found at http://www.sam.gov or by calling 866-606-8220, or 334-206-7828 for international calls. 52.204-13 - System for Award Management Maintenance Shipping is FOB Destination CONUS (CONtinental U.S.). New Equipment ONLY. NO USED OR REMANUFACTURED PRODUCTS WILL BE ACCEPTED. Submitted Quotes will be valid for 45 days after the auction closing. This solicitation is issued as a Request for Quotation (RFQ), not an invitation for bid (IFB).). IAW FAR 52.252-2 Clauses Incorporated by Reference, for the extended description here is the website: https://www.acquisition.gov/ The associated North American Industrial Classification System (NAICS) code for this procurement can be found. The small business size standard for that NAICS code can be found at https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf 5152.233-4000 AMC-LEVEL PROTEST PROGRAM (Feb 2014) (LOCAL CLAUSE) Prior to submitting an agency protest, it is preferable that you first attempt to resolve your concerns with the responsible contracting officer (Phone: (315)772-7272 or Email:
[email protected]). However, you may also file a protest to the Headquarters (HQ), Army Materiel Command (AMC). The HQ AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 35 calendar days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the HQ AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 or email
[email protected] The AMC-Level Protest procedures are found at: https://www.amc.army.mil/Connect/Legal-Resources/. If internet access is not available, contact the contracting officer or HQ, AMC to obtain the HQ AMC-Level Protest Procedures. "52.204-9, Personal Identity Verification of Contractor Personnel; 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards; 52.222-41, Service Contract Act; 52.237-2, Protection of Government Buildings, Equipment and Vegetation; 252.201-7000, COR Clause; 252.223-7006, Prohibition On Storage And Disposal Of Toxic And Hazardous Materials; 252.243-7001, Pricing of Contract Modifications; 252.246-7000, Material inspection and receiving report" Representation by Corporations Regarding an Unpaid Tax Liability or a Felony Conviction under any Federal Law. Wide Area WorkFlow Payment Instructions 252.204-7012 Safeguarding of Unclassified Controlled Technical Information All deliveries shall be palletized when the material exceeds 250 lbs. (excluding the pallet), or exceeds 20 cubic feet, to comply with the requirements of Department of the Army Pamphlet 700-32 and MIL-STD-147E. IAW FAR 52.212-2; Evaluation - Commercial Items, the following factor shall be used to evaluate offers: technical capability of the item offered to meet the Government requirement and price. Technical capability is a pass fail requirement. Evaluation is based on a lowest price technically acceptable. No multiple awards will be made. Quotes received through Unison Marketplace will be evaluated and awarded on an all-or-nothing basis. Wide Area WorkFlow Payment Instructions Please address your questions through the Unison Marketplace buy. If your questions are not being answered in a timely manner, please send your question to the S2P2 Contracting Officer -
[email protected] or call 315-772-5582. In accordance with DFAR provision 252.225-7000 Buy American Act--Balance of Payments Program Certificate, I certify that each end product, except those listed in paragraphs (c)(2) or (3) of the attached provision, is a domestic end product. ****YOU MUST FILL OUT THE ATTACHED IF OTHER THAN DOMESTIC END PRODUCT IF YOU DO NOT FILL IT OUT AND YOU DELIVER OTHER THAN A DOMESTIC END PRODUCT YOUR DELIVERY WILL NOT BE ACCEPTED********** ****READ DFARs Clause 252.225-7001 to ensure your product comes from a QUALIFYING COUNTRY******* ****IF YOU QUOTE A PRODUCT OTHER THAN DOMESTIC FROM A NON-QUALIFYING COUNTRY YOUR QUOTE WILL NOT BE ACCEPTED***** Representation and Representation Disclosures The form(s) included in the buy must be returned with your quote. Failure to return the form(s) with your quote will result in your quote not being considered for award. Reporting During Contract Performance Equal Opportunity