CANCELLATION NOTICE: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, in conjunction with FAR 13.5, as applicable, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; bids are being requested and a written solicitation will not be issued. The solicitation number is 185P1050684 and is issued as an invitation for bids (IFB), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-34. The associated North American Industrial Classification System (NAICS) code for this procurement is 334611 with a small business size standard of 500.00 employees. This requirement is unrestricted and only qualified offerors may submit bids. The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2009-09-30 12:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com. FOB Destination shall be Alexandria, VA 22314 The DOC United States Patent and Trademark Office requires the following items, Exact Match Only, to the following: LI 001, BEA Tuxedo RunTime Key Software Update and Support -- Part Number: M724-TUX-CON-USER -- BEA Tuxedo 10.0, Service Pack 256, which is a Commercial-Off-The-Shelf (COTS) middleware product that supports the development and deployment of distributed business applications in a heterogeneous computing environment. Tuxedo supports distributed transaction management, dynamic workload balancing, transaction queuing, publish-and-subscribe event brokering, data encryption, an administrative graphical user interface (GUI), and other capabilities used in e-business applications., 350, EA; LI 002, Oracle BEA WebLogic Server Advantage Edition - CPU Perpetual Maintenance Part Number: M724-WLS-ADV -- WebLogic Server 10.0, which is a COTS application server that supports the development and deployment of distributed business applications in a heterogeneous computing environment., 4, EA; LI 003, Oracle BEA WebLogic Server Advantage Edition - CPU Perpetual Maintenance Part Number: M724-WLS-ADV, 8, EA; LI 004, Oracle BEA WebLogic Server Advantage Edition - CPU Perpetual Maintenance Part Number: M59-WLS-ADV, 4, EA; LI 005, Oracle BEA WebLogic Server PremiumEdition - CPU Perpetual Maintenance Part Number: M724-WLS-PRM, 2, EA; LI 006, Oracle BEA WebLogic Server PremiumEdition - CPU Perpetual - Maintenance Part Number: M59-WLS-PRM, 2, EA; LI 007, Oracle BEA Jolt Tier 2 - Tiered ServerPerpetual - Maintenance Part Number: M724-JOLT-T2 -- BEA Jolt 10.0 provides a Java-based interface that facilitates the development of transaction-based, e-business applications that interface with BEA Tuxedo., 3, EA; For this solicitation, DOC United States Patent and Trademark Office intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid 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. DOC United States Patent and Trademark Office 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 Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com. Offerors that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Offerors that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at
[email protected]. Offerors may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process. Should offerors require additional clarification, notify the point of contact or FedBid at 877-9FEDBID (877-933-3243) or
[email protected]. Use of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty. Bid MUST be good for 30 calendar days after close of Buy. Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination. Offeror must be registered in the Central Contractor Registration (CCR) database before an award can be made to them. If the offeror is not registered in the CCR, it may do so through the CCR website at http://www.ccr.gov. The offeror must provide within its offer the number of days required to make delivery after it receives a purchase order from the buyer. No partial shipments are permitted unless specifically authorized at the time of award. The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at http://www.acqnet.gov/far.