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COMBINED SYNOPSIS/SOLICITATION ‘COMBO’: F3YCEB1125A103 CodeSonar Licenses (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, ... COMBINED SYNOPSIS/SOLICITATION ‘COMBO’: F3YCEB1125A103 CodeSonar Licenses (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. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. (ii) Solicitation F3YCEB1125A103 is issued as a Request for Quotation (RFQ). (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2022-01 Effective December 6, 2021. (iv) This solicitation is set aside for Small Businesses. The associated NAICS code is 511210 – Software Publishers. The small business size standard is $41.5 Million. (v) The list of line items, quantities, and units of measurement are incorporated in Attachment 1 – CodeSonar Item Description. (vi) This solicitation is for a sole source for CodeSonar Licenses. See Attachment 2 - CodeSonar Licenses J and A v CA Approved Redacted (vii) Delivery shall be FOB Destination. All services are to be performed at: Tinker AFB, Oklahoma. (viii) FAR 52.212-1 Instructions to Offerors -- Commercial Products and Commercial Services. (Nov 2021) is hereby incorporated by reference, with the same force and effect as if it were given in full text. (ix) FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021) is hereby incorporated by full text: a. The Government will award one contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation is determined to be the best value quote utilizing FAR Parts 12 and 13. The Government may award without discussions; however, the Government reserves the right to conduct discussions if deemed in the Government's best interest. In addition, the government may conduct comparative evaluations of quoter's to determine the best value quote. The Evaluation Factors are: I. Price; II. Technical capability of the item offered to meet the Government requirement; b. Options: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). c. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) (x) Each vendor shall ensure the provision at FAR 52.212-3, Vendors Representations and Certifications--Commercial Items (Nov 2017), are updated at www.sam.gov. Failure to obtain SAM registration will result in submissions not being considered for award. (xi) The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Jan 2017), is hereby incorporated by reference, with the same force and effect as if it were given in full text. (xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Nov 2021), is hereby incorporated by reference, with the same force and effect as if it were given in full text. Additionally, the following clauses apply to this acquisition: 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations 52.233-3, Protest After Award 52.233-4, Applicable Law for Breach of Contract Claim 52.219-28 Post Award Small Business Program Representation 52.222-3 Convict Labor 52.222-19 Child Labor—Cooperation with Authorities and 52.222-21, Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-50 Combating Trafficking in Persons 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While 52.219-9 Small Business Subcontracting Plan (xiii) N/A. (xiv) No Defense Priorities and Allocations System (DPAS) assigned rating applies to this acquisition. (xv) NOTICE TO ALL INTERESTED PARTIES: Offers: Quotes are due no later than 2:00PM Local Time on 13 December 2021. Quotes shall include the following: a. Price – Submit one (1) copy of price schedule; b. Technical Capability Narrative; (xvi) Quotations shall be submitted electronically via e-mail to SrA Spencer Moses (spencer.moses@us.af.mil) TSgt Marcus Drinkard (marcus.drinkard@us.af.mil). For information regarding this RFQ contact the same. Quotes submitted electronically are cautioned that Tinker has very strict firewall protocols and the Government will not be held responsible for timely and complete receipt of quotes by email. If submitting quote by e-mail, only submit one copy and the maximum size of email shall not exceed 4MB. Quote can be split over multiple e-mails and if sending multiple e-mails, ensure subject line contains how many emails have been sent with the text to be used as follows: “E-mail X of Y” (1 of 4, 2 of 4, etc.). Please confirm delivery of your quote by email. (xvii) List of Attachments: Attachment 1 – CodeSonar Item Description Attachment 2 - CodeSonar Licenses J and A v CA Approved Redacted Provisions by Full Text: 52.204.-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. As prescribed in 4.2105(a), insert the following provision: Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3. (a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (d) Representation. The Offeror represents that— (1) It ? will, ? will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It ? does, ? does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision) 52.217-5 Evaluation of Options As prescribed in 17.208(c), insert a provision substantially the same as the following: Evaluation of Options (July 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) 52.217-7 Option for Increased Quantity-Separately Priced Line Item As prescribed in 17.208(e), insert a clause substantially the same as the following: Option for Increased Quantity-Separately Priced Line Item (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days before contract expiration. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of clause)