R--OPTION - EBOOKS 24/7 FOR TWO CONCURRENT USERS - NOAA LIBRARY

CANCELLATION NOTICE: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 NAAJ1540-14-00042JR 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 2005-70. The associated North American Industrial Classification System (NAICS) code for this procurement is 519120 with a small business size standard of $7.00M.This requirement is a [ Small Business ] set-aside 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 2013-11-25 11:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com.FOB Destination shall be in the Statement of Work. The DOC NOAA Western Acquisition Division-Boulder requires the following items, Purchase Description Determined by Line Item, to the following: Base Period of Performance: 12/31/2013 - 12/30/2014 LI 001: EBOOKS 24/7 FOR TWO CONCURRENT USERS - NOAA LIBRARY BASE YEAR - DECEMBER 31, 2013 THROUGH DECEMBER 30, 2014 IN ACCORDANCE WITH THE ATTACHED STATEMENT OF WORK, 1, YR; Option 1 Period of Performance: 12/31/2014 - 12/30/2015 LI 001: EBOOKS 24/7 FOR TWO CONCURRENT USERS - NOAA LIBRARY FOR OPTION YEAR ONE FOR THE PERIOD OF PERFORMANCE DECEMBER 31, 2014 THROUGH DECEMBER 30, 2015 IN ACCORDANCE WITH THE ATTACHED STATEMENT OF WORK., 1, YR; Option 2 Period of Performance: 12/31/2015 - 12/30/2016 LI 001: EBOOKS 24/7 FOR TWO CONCURRENT USERS - NOAA LIBRARY FOR OPTION YEAR TWO FOR THE PERIOD OF PERFORMANCE DECEMBER 31, 2015 THROUGH DECEMBER 30, 2016 IN ACCORDANCE WITH THE ATTACHED STATEMENT OF WORK., 1, YR; Option 3 Period of Performance: 12/31/2016 - 12/30/2017 LI 001: EBOOKS 24/7 FOR TWO CONCURRENT USERS - NOAA LIBRARY FOR OPTION YEAR THREE FOR THE PERIOD OF PERFORMANCE DECEMBER 31, 2016 THROUGH DECEMBER 30, 2017 IN ACCORDANCE WITH THE ATTACHED STATEMENT OF WORK., 1, YR; Option 4 Period of Performance: 12/31/2017 - 12/30/2018 LI 001: EBOOKS 24/7 FOR TWO CONCURRENT USERS - NOAA LIBRARY FOR OPTION YEAR FOUR FOR THE PERIOD OF PERFORMANCE DECEMBER 31, 2017 THROUGH DECEMBER 30, 2018 IN ACCORDANCE WITH THE ATTACHED STATEMENT OF WORK., 1, YR; Solicitation and Buy Attachments ***Question Submission: Interested offerors 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.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, DOC NOAA Western Acquisition Division-Boulder 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 NOAA Western Acquisition Division-Boulder 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] 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. As prescribed in 48 CFR 1313.106-2-70, insert the following provision: Evaluation Utilizing Simplified Acquisition Procedures (Date) All solicitations using simplified acquisition procedures in FAR Part 13 must include provision 1352.213-70, Evaluation Utilizing Simplified Acquisition Procedures, or similar language setting out evaluation criteria.The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. Insert provision 1352.213-71, Instructions for Submitting Quotations under the Simplified Acquisition Threshold-Non-Commercial, or similar language in all solicitations for non-commercial purchase orders under the simplified acquisition threshold. The contracting officer shall indicate whether electronic submissions of quotations will be accepted. Paragraph (b)(4) of provision 1352.213-71 may be tailored based on the evaluation factors. As prescribed in 48 CFR 1313.302-1-70, insert the following provision: Instructions for Submitting Quotations Under the Simplified Acquisition Threshold-Non-Commercial (Date) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is ____. (b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. At a minimum, quotations must show- (1) The solicitation number; (2) The name, address, and telephone number of the offeror; (3) Acknowledgment of solicitation amendments; (4) A technical description showing that the offeror can supply the requirements in the specifications or statement of work in sufficient detail to allow the Government to evaluate the quotation in accordance with the evaluation factors stated in the solicitation. (5) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and reference information (including contract numbers, points of contact with telephone numbers and other relevant information). (6) Price and any supporting details for the price, as requested in the solicitation. (c) Offerors are responsible for submitting quotations, and any modifications thereto, so as to reach the Government office designated in the solicitation by the time specified. The offeror's initial quotation should contain the offeror's best terms from a price and technical standpoint. The Government may reject any or all quotations if such action is in the public interest; accept other than the lowest quotation; and waive informalities and minor irregularities in quotations received. Insert clause 1352.239-70, Software License Addendum, in all contracts when the primary purpose is to purchase new software licenses or renew existing licenses. As prescribed in 48 CFR 1339.107, insert the following clause: Software License Addendum (APR 2010) (a) This Addendum incorporates certain terms and conditions relating to Federal procurement actions. The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties. (b) Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41 U.S.C. Section 601 et. seq. , and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those fora that have jurisdiction over Federal procurement matters. (c) Attorney's Fees: Attorney's fees are payable by the Federal government in any action arising under this contract only pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504. (d) No Indemnification: The Federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a). (e) Assignment: Payments may only be assigned in accordance with the Assignment of Claims Act, 31 U.S.C. Section 3727, and FAR Subpart 32.8, "Assignment of Claims." (f) Invoices: Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. Section 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. (g) Patent and Copyright Infringement: Patent or copyright infringement suits brought against the United States as a party may only be defended by the U.S. Department of Justice (28 U.S.C. Section 516). (h) Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. (i) Renewal may only occur in accord with (1) the mutual agreement of the parties; or (2) an option renewal clause allowing the Government to unilaterally exercise one or more options to extend the term of the agreement. As prescribed in 48 CFR 1339.270(a), insert the following provision: Electronic and Information Technology (APR 2010) (a) To be considered eligible for award, offerors must propose electronic and information technology (EIT) that meet the applicable Access Board accessibility standards at 36 CFR 1194 designated below: ___ 1194.21 Software applications and operating systems ___ 1194.22 Web-based intranet and internet information and applications ___ 1194.23 Telecommunications products ___ 1194.24 Video and multimedia products ___ 1194.25 Self-contained, closed products ___ 1194.26 Desktop and portable computers ___ 1194.31 Functional performance criteria ___ 1194.41 Information, documentation and support (b) The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future. (c) Alternatively, offerors may propose products and services that provide equivalent facilitation. Such offers will be considered to have met the provisions of the Access Board standards for the feature or components providing equivalent facilitation. If none of the offers that meet all applicable provisions of the standards could be accepted without imposing an undue burden on the agency or component, or if none of the offerors propose products or services that fully meet all of the applicable Access Board's provisions, those offerors whose products or services meet some of the applicable provisions will be considered eligible for award. Awards will not be made to an offeror meeting all or some of the applicable Access Board provisions if award would impose an undue burden upon the agency. (d) Offerors must submit representation information concerning their products by completing the VPAT template at http://www.Section508.gov . (e) Contractor personnel requiring a user account for access to systems operated by the contractor for DOC or interconnected to a DOC network to perform contract services shall be screened at an appropriate level in accordance with Commerce Acquisition Manual 1337.70, Security Processing Requirements for Service Contracts. (f) Within 5 days after contract award, the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed initial IT security orientation training in DOC IT Security policies, procedures, computer ethics, and best practices, in accordance with DOC IT Security Program Policy, chapter 15, section 15.3. The COR will inform the contractor of any other available DOC training resources. Annually thereafter the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed annual refresher training as required by section 15.4 of the DOC IT Security Program Policy. (g) Within 5 days of contract award, the contractor shall provide the COR with signed acknowledgement of the provisions as contained in Commerce Acquisition Regulation (CAR), 1352.209-72, Restrictions Against Disclosures. (h) The contractor shall afford DOC, including the Office of Inspector General, access to the contractor's and subcontractor's facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of DOC data or to the function of computer systems operated on behalf of DOC, and to preserve evidence of computer crime. (i) For all contractor-owned systems for which performance of the contract requires interconnection with a DOC network on which DOC data will be stored or processed, the contractor shall provide, implement, and maintain a System Accreditation Package in accordance with the DOC IT Security Program Policy. Specifically, the contractor shall: 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 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 https://www.acquisition.gov/far/. This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov.