Purchase of IT Software Support

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplement with additional information in this notice. This announcement constitutes the only solicitation and no other solicitation document will be issued. This solicitation is issued as a Request for Quote number RFQ 70Z044-18-Q-PCZA31. This number is for tracking purposes only. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-97. This procurement will be processed in accordance with FAR Part 12 and 13. The North American Industry Classification System (NAICS) is 511210. The SBA size standard is $38.5 M. This is Not a Small Business Set-Aside, due to this acquisition being a Brand Name Procurement, it is not anticipated that there will be two (2) or more qualified Small Business Concerns to provide pricing for this requirement in accordance with FAR 19.502(a). The items are to be "Name Brand" manufactured by Micro Focus. All Items are to be NEW ITEMS. Used or Refurbished items are NOT acceptable and will not be considered for Award. The USCG Command, Control and Communication Engineering Center (C3CEN) Portsmouth, VA. 23703 intends to purchase Micro Focus Licenses and Annual Software Support IAW the Attached Statement of Work (SOW), see attached Brand Name Justification and Schedule B below. The Coast Guard does not own nor can they obtain specifications, drawings, plans or other technical data for this item. Request for drawings/specs will be disregarded. Items are to be NEW items. Used or Refurbished items are NOT acceptable. Any Contractors that are authorized Distributors or Representatives for Micro Focus is encouraged to provide a Firm Fixed Price Quotation IRT this Solicitation. The USCG/Government intends to award a contract resulting from this solicitation to the responsible bidder proposal conforming to the solicitation which will be most advantageous and Best Overall Value to the Government, price and other factors considered. All items will be required to be shipped to Portsmouth, VA. 23703. *PLEASE NOTE* Interested Offeror's are to provide Firm Fixed Price Proposals with Delivery Information by May 2, 2018 @ 7:00 AM EST. FIRM FIXED Price Proposals may be submitted on company letterhead stationery and must include the following information: Cost Breakdown, Unit Price, Extended Price, Total Price, Payment Terms, discount offered for prompt payment, Company DUNS and Cage Code. Email quotes to: [email protected] Anticipated Award Date for the PO Contract is May 3, 2018 this date is approximate and not exact. INSPECTION AND ACCEPTANCE: The Contractor shall only tender for acceptance those Items that conform to the requirements of this Order/Contract. The Government/USCG reserves the right to Inspect or Test any Supplies or Services that have been tendered for Acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming Services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government/USCG may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. Final Inspection and Acceptance will be performed by Gov/USCG Authorized Personnel at the point and location of Destination as stated on the Order/Contract, unless otherwise stated on the Order/Contract. Email quotes to: [email protected] Schedule B: Line Item 1: 10 Ea of - Micro Focus Application Lifecycle Management Site Concurrent User Software E-LTU Part Number TB631AAE Base Period of Performance: 3 May 2018 - 2 May 2019 2019 ________________ Option Year 1 Period of Performance 3 May 2019 - 2 May 2020 ___________ Option Year 2 Period of Performance 3 May 2020 - 2 May 2021 ___________ Option Year 3 Period of Performance 3 May 2021 - 2 May 2022 ___________ Option Year 4 Period of Performance 3 May 2022 - 2 May 2023 ___________ Line Item 2: 1 Ea of - Micro Focus Application Lifecycle Management Edition Site 2 Concurrent User Package Software E-LTU, Part Number TB630AAE Base Period of Performance: 3 May 2018 - 2 May 2019 ________________ Option Year 1 Period of Performance 3 May 2019 - 2 May 2020 __________ Option Year 2 Period of Performance 3 May 2020 - 2 May 2021 __________ Option Year 3 Period of Performance 3 May 2021 - 2 May 2022 __________ Option Year 4 Period of Performance 3 May 2022 - 2 May 2023 __________ Email quotes to: [email protected] PROVISIONS / CLAUSES The Following FAR Provisions/Clauses apply to this Solicitation: FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations Representation (Nov 2015) FAR 52.212-1 -- Instructions to Offerors -- Commercial Items (Jan. 2017) FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014). Award will be made to the Offeror proposing the Best Value to the Government considering specification, price, delivery, past performance and quality. FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Nov 2017) to include Alt I (Oct 2014). An Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certificates electronically via http://www.sam.gov/portal . If an Offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the Offeror shall complete only paragraphs (c) through (r) of this provision. The following Clauses apply to this Solicitation and awarded Contract. FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Jan. 2017) FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan. 2018). As prescribed in 12.301(b)(4), insert the following clause: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN. 2018) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: FAR 52.204-10 - Reporting Executive Compensation and First-Tier Subcontract Awards (Oct. 2016) (Pub.L. 109-282)(31 U.S.C. 6101 note). FAR 52.209-6 - Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct. 2015) (31 U.S.C. 6101 note). FAR 52.219-6 - Notice of Total Small Business Set-Aside (Nov 2011) FAR 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)). FAR 52.222-3 -- Convict Labor (June 2003) FAR 52.222-19 -- Child Labor-Cooperation with Authorities and Remedies (Jan 2018) FAR 52.222-21 -- Prohibition of Segregated Facilities (Apr. 2015) FAR 52.222-26 -- Equal Opportunity (Sept. 2016) FAR 52.222-36 -- Affirmative Action for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) FAR 52.222-50 -- Combating Trafficking in Persons (Mar 2015) FAR 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) FAR 52.225-1 -- Buy American Act - Supplies (May 2014) FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).FAR 52.225-13 -- Restriction on Certain Foreign Deliveries (Jun 2008) (E.O. 12722, 12724, 13059, 13067, 13121 and 13129) FAR 52.225-13, Restriction 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). FAR 52.232-33 -- Payment by Electronic Funds Transfer--Central Contractor Registration (Jul 2013) (31 U.S.C. 3332) FAR 52.217-5 -- Evaluation of Options (Jul 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of Provision) FAR 52.217-9 -- Option to Extend the Term of the Contract (Mar 2000) The Government may extend the term of this contract by written notice to the Contractor within seven (7) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years. (End of Clause) This following clause applies to the Option Years Only. FAR 52.232-18 Availability of Funds Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. End of Clause 52.232-12 Advanced Payments (Mar 2001) The Contractor that is awarded the contract is eligible to receive Advanced Payments for the Base Year. At the Time of Award the Contractor may invoice in Full for the Base Year Amount. The Base Year amount will be a Firm Fixed Price and will not increase during the Base Year unless authorized by the Government Contracting Officer. The USCG/Government is not bound nor required to Exercise any Options of this Delivery Order.