Inactive Total Small Business Set-Aside (FAR 19.5)

COMBINED SYNOPSIS/SOLICITATION DNN License Renewals NRMA0000-22-01272DG (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as... COMBINED SYNOPSIS/SOLICITATION DNN License Renewals NRMA0000-22-01272DG (I) 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 and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued. (II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number NRMA0000-22-01272DG. (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-05, effective Mar 7, 2022. (IV) This procurement will be set aside for small business if qualified responses are received. The associated NAICS code is 511210. The small business size standard is $41.5 million. (V) This combined solicitation/synopsis is for purchase of the following commercial item(s)/services: CLIN 0001: Renewal of DNN licenses (September 15, 2022 through September 14, 2023) Evoq Content Basic OnPrem Production (9) Silver Success Plan Evoq Content OnPrem Production (1) Silver Success Plan to include Evoq Content On Premise Non-Production License, Silver Success Plan Standard Support (Included) (VI) Award will be made based on price, past performance, and eligibility. The contractor shall include documentation of their ability to provide DNN licenses as a recognized/certified partner. (VII) Place of performance is Silver Spring, Maryland. (VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items (Nov 2021), applies to this acquisition. (IX) FAR 52.212-2, Evaluation – Commercial Items (Nov 2021), applies to this acquisition. Offers will be evaluated on price and delivery. (X) The offeror must have completed the annual Representations and Certifications in SAM.gov. Offerors shall submit their Unique Identifier number with the offer. (XI) The clause at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (DEVIATION 2020-11) (AUG 2020) applies to this acquisition. (XII) The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items (DEVIATION 17-02) (AUG 2017), applies to this acquisition. (XIII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (MAY 2022) applies to this acquisition. The following clauses under subparagraph (b) apply: (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)). (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644). (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126). (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212). (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793). (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627). (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332). The following clauses are also applicable to this acquisition: 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http:www.acquisition.gov/FAR The following other terms and conditions apply: 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 52.211-6 Brand Name or Equal (Aug 1999) CAR 1352.233-70 Agency Protests (APR 2010) (a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999). (b) Agency protests filed with the Contracting Officer shall be sent to the following address: Dena Grose, dena.grose@noaa.gov (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: Barry Berkowitz, Senior Procurement Executive and Director, Office of Acquisition Management, US Dept of Commerce, Room 6422, Herbert C Hoover Building, 14th Street and Constitution Ave, NW, Washington, DC, 20230. Fax: 202.482.1711 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482-5858. (End of clause) (XVI) As prescribed in 48 CFR 1301.602-170, Contracting Officer’s Authority (Apr 2010) - The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. (XVII) CAR 1352.239-70 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. (XVIII) The Government intends to award a firm-fixed-price order resulting from this solicitation; the Government also reserves the right to not award a contract from this combined synopsis/solicitation. Quotes are required to be received in the contracting office no later than 5:00 P.M. MDT on August 15, 2022. All quotes must be emailed to Dena Grose, Dena.Grose@noaa.gov, referencing this synopsis number: NRMA0000-22-01250DG. Questions must be submitted, by email, no later than 5:00 PM, MDT, August 13, 2022. All offers will be evaluated in accordance with the stated evaluation criteria. The Government reserves the right to make an award without discussions, based solely on initial proposals. Offerors should ensure that their initial proposal constitutes their best offer. (XVII) Any questions regarding this solicitation should be emailed to Dena Grose at Dena.Grose@noaa.gov, referencing the RFQ number.