Inactive Total Small Business Set-Aside (FAR 19.5)

AMENDMENT 1: Publish Questions and Answers. See attachment. Description: I. OVERVIEW: This notice is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Fed... AMENDMENT 1: Publish Questions and Answers. See attachment. Description: I. OVERVIEW: This notice is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as applicable, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation document will not be issued. Submit quotes on RML-RFQ-2006229. This solicitation is a request for quotes (RFQ). The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-04 effective January 15, 2020. The associated North American Industry Classification System (NAICS) code for this procurement is 511210 Software Publishers with a small business size standard of $41.5M. This acquisition will be processed under Simplified Acquisition Procedures, FAR Subpart 13.5 – Simplified Procedures for Certain Commercial Items and is a total small business set aside. It is anticipated that one firm fixed price purchase order will be awarded. II. STATEMENT OF NEED: The National Institute of Allergy and Infectious Diseases (NIAID) seeks, on a brand name only basis, to continue to license Open Text’s Content Server and related software. Content Server is the software primarily used by NIAID’s Electronic Document and Records Management System (EDRMS) program to manage the Institute’s high-value electronic documents and business process automation solutions. All interested vendors shall provide quotation(s) for the products listed in the attached Bill of Materials (BOM). Competition is restricted to vendors that are an authorized by Open Text to provide the requested brand name products. A brand name justification is attached. III. PERIOD OF PERFORMANCE: March 1, 2020 – February 28, 2021. IV. DELIVERY: FOB Point shall be Destination, Rockville, MD. Place of Performance is NIH/NIAID, 5601 Fishers Lane, Rockville, MD 20852. V. INSTRUCTIONS: The government requests responses from qualified sources capable of providing the requirement as outlined in Attachment 1 - Bill of Materials (BOM). The Government may evaluate only those quotes that fully meet the requirements as outlined in the BOM and respond to the instructions and requirements below. Failure to furnish a full and complete quote as instructed may result in the Vendor’s response being considered non-responsive and will therefore be eliminated from further consideration and award. Quote must be submitted via email to the Contract Specialist, Tamara McDermott, at tamara.mcdermott@nih.gov on or before February 24, 2019 11:00 am EST. All or part of the successful vendor’s quote may be incorporated in any contract resulting from this solicitation. The successful vendor’s quote may be incorporated by reference. Reference Solicitation ID: RFQ-RML-2006229 on your quote. By submission of a quote, the vendor acknowledges the requirement that a prospective awardee shall be registered in the System for Award Management (SAM) https://www.sam.gov/portal/public/SAM/ (Previously CCR at www.ccr.gov) prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. [Note: Lack of registration in the SAM will make an vendor ineligible for award]. VI. SECTION 508: Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use information and communication technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public who have disabilities must have access to, and use of, information and data that is comparable to people without disabilities. Vendors must identify whether a quoted Information and Communication Technology (ICT) product or service is compliant with the Section 508 accessibility standards at 36 CFR 1194. The quote must also identify where full details of compliance can be found (e.g., vendor's website or other exact location.) For more information on Section 508 standards visit https://www.section508.gov/. VII. EVALUATION: Award will be made on a lowest-priced technically acceptable basis considering the following three factors: technical, past performance, and price. Technical considerations include: Bill of Materials specifications, authorized reseller status, and delivery by 3/1/2020. NIAID will first evaluate vendors’ prices, and then evaluate the apparent lowest-priced quote for acceptability under the technical and past performance factors. If the lowest-price vendor is evaluated as unacceptable, NIAID will then consider the acceptability of the next lowest-price vendor, continuing this process as necessary. VIII. SPECIAL NOTICE TO VENDORS Vendors are advised that the Government may share your information with non-government personnel who are assisting with the evaluation of quotes. The exclusive responsibility for source selection will reside with the Government. By submitting your quote, you will be consenting to disclosure of your quote to non-government personnel for purposes of evaluation. IX. QUESTIONS: If you have questions regarding this requirement, please submit inquires immediately, but no later than Tuesday, February 18, 2020 5:00 pm EST, via email to the Contract Specialist, Tamara McDermott, at tamara.mcdermott@nih.gov. The Government will issue an amendment to the RFQ responding to questions, if needed. X. PROVISONS, CLAUSES & OTHER Vendors must complete annual representations and certifications on-line at http://www.sam.gov in accordance with FAR 52.212-3 Offerors Representations and Certifications- Commercial Items. The Vendor shall comply with the following Federal Acquisition Regulations (FAR) provisions and clauses, which are incorporated by reference, to implement provisions of law or Executive Orders applicable to acquisitions of commercial items. The full text versions may be accessed electronically at: https://www.acquisition.gov/far/. FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements of Statements – Representation (Jan 2017) FAR 52.204-7 System for Award Management (Oct 2018) FAR 52.204-13 System for Award Management Maintenance (Oct 2018) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018) FAR 52.227-19 Commercial Computer Software License (Dec 2007) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) The following additional Health and Human Services Acquisition Regulations (HHSAR) provisions and clauses are applicable to this requirement: HHSAR 352.203-70 Anti-Lobbying (December 18, 2015) HHSAR 352.208-70 Printing and Duplication (December 18, 2015) HHSAR 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (December 18, 2015) HHSAR 352.239-73 Electronic and Information Technology Accessibility Notice (December 18, 2015) Copies of the above-referenced clauses are available from http://www.hhs.gov/policies/hhsar/ or upon request, either by telephone or fax. The following additional HHSAR and FAR provisions and clauses are applicable to this requirement and provided in full text as Attachment 2 – Full Text Provisions and Clauses: FAR 52.212-1 Instruction to Offerors – Commercial Items (Oct 2018) Amended FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Jan 2020) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) FAR 52.204-26 Covered Telecommunications Equipment or Services – Representation (Dec 2019) HHSAR 352.239-74 Electronic and Information Technology Accessibility (December 18, 2015) XI. LIST OF ATTACHMENTS Attachment 1 – Bill of Materials (BOM) Attachment 2 – Full Text Provisions and Clauses