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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; quotations are being requested and a written solicitation will not be issued. The Request for Quote (RFQ) H92240-13-Q-9020 is issued as a small business set-aside. The applicable North American Industry Classification System (NAICS) code is 517210 (Wireless Telecommunications Carriers except Satellite) (PSC) S119 (Other Utilities). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-66 (Effective 01APR 2013).
DESCRIPTION: The requirement is for a firm-fixed-price (FFP) type purchase order. If quoting equal, offeror must submit specifications with your quote for consideration. Offerors must scrutinize this solicitation and ensure their proposals and submissions comply with all requirements. It is not sufficient to merely state your proposal complies with the solicitation requirements. You must clearly identify how your proposal meets ALL of the solicitation requirements.
Contract Line Item No
(CLIN) 0001: Blackberry Enterprise Server (BES) Advantage for 1-30 units. Quantity: One (1) each. See attached Statement of Work for details.
(CLIN) 0002: Blackberry Enterprise Server (BES) Advantage for 31-1000 units. Quantity: 807 each. See attached Statement of Work for details.
(CLIN) 1001: Option Year One, if exercised. Blackberry Enterprise Server (BES) Advantage for 1-30 units. Quantity: One (1) each. See attached Statement of Work for details.
(CLIN) 1002: Option Year One, if exercised. Blackberry Enterprise Server (BES) Advantage for 31-1000 units. Quantity: 807 each. See attached Statement of Work for details.
(CLIN) 2001: Option Year Two, if exercised. Blackberry Enterprise Server (BES) Advantage for 1-30 units. Quantity: One (1) each. See attached Statement of Work for details.
(CLIN)2002: Option Year Two, if exercised. Blackberry Enterprise Server (BES) Advantage for 31-1000 units. Quantity: 807 each. See attached Statement of Work for details.
Period of performance: 21 June 2013 - 20 June 2014.
Option period 1 from 21 June 2014 - 20 June 2015
Option period 2 from 21 June 2015 - 20 June 0216
52.212-2 Evaluation -- Commercial Items (JAN 1999):
(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
The following factors shall be used to evaluate quotes:
1. The offeror's ability to provide customer with all requested item(s)/service(s).
2. Price.
(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 a quote mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quote's specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(d) Quoters shall be determined responsible in accordance with FAR 9.104-1. The price proposal shall state the unit cost and total price of the item required, inclusive of shipping to the destination listed above.
APPLICABLE PROVISIONS AND CLAUSES:
Quotes received without the completed copy of the provision at FAR 52.212-3 may be considered non-compliant. Lack of registration in the System for Award Management (SAM) database will make a quoter ineligible for award.
The FAR requires the use of the System for Award Management (SAM) in Federal solicitations as a part of the proposal submission process to satisfy FAR 52.212-3. More information on SAM is found at https://www.sam.gov.
Quoters who have completed SAM should notify the contract specialist before solicitation's closing date and time so it can be downloaded by the procuring contracting office.
The full text of FAR and DFAR provisions and clauses may be accessed at http://www.arnet.gov/far/ and http://www.acq.osd.mil/dpap/dars/dfars/index.htm, respectively.
The following FAR provisions and clauses apply to this acquisition and are incorporated by reference:
52-211-6 Brand Name or Equal (AUG 1999)
52.212-1 Instructions to Offerors-Commercial Items (FEB 2012)
52.212-3 Offeror Representations and Certifications Commercial Items Alt I (DEC 2012)
52.212-4 Contract Terms and Conditions - Commercial Items (FEB 2012)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (JAN 2013)
52.233-3 Protest After Award (AUG 1996)
52.242-17 Government Delay of Work (APR1984)
52.247-29 F.O.B. Origin (FEB 2006)
52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998), www.arnet.gov and www.acq.osd.mil
52.252-2 Clauses Incorporated by Reference (FEB 1998), www.arnet.gov and www.acq.osd.mil
The following clauses incorporated in 52.212-5 are also applicable:
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (AUG 2012)
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010)
52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)
52.219-28 Post Award Small Business Program Representation (APR 2009)
52.222-3 Convict Labor (JUN 2003)
52.222-19 Child Labor Cooperation with Authorities and Remedies (JUL 2010)
52.222-21 Prohibition of Segregated Facilities (FEB 1999)
52.222-26 Equal Opportunity (MAR 2007)
52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010)
52.222-50 Combating Trafficking in Persons (FEB 2009)
52-222-53 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)
52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)
52.232-33 Payment by Electronic Funds Transfer System for Award Management (OCT 2003)
The following DFAR provision and clauses apply to this acquisition and are incorporated by reference:
252.204-7003 Control of Government Personnel Work Product (APR 1992)
252.204-7004 Alternate A Required System for Award Management (SEP 2007)
252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (FEB 2013)
252.225-7000 Buy American Act Balance of Payments Program Certificate (DEC 2009)
252.225-7002 Qualifying Country Sources as Subcontractors (APR 2003)
252.232-7010 Levies on Contract Payments (DEC 2006)
252.243-7001 Pricing of Contract Modifications (DEC 1991)
The following clauses are incorporated by reference in 252.212-7001 paragraph (b):
252.203-7000 Requirements Relating to Compensation of Former DOD Officials (SEP 2011)
252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008)
252.247-7023 Alternate III Transportation of Supplies by Sea (MAY 2002)
The following SOFAR provision and clauses apply to this acquisition and are incorporated by reference:
5652.201-9002 Authorized Changes Only by Contracting Officer (JAN 2005)
The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this contract. Except as specified herein, no order, statement, or conduct of Government personnel who visit the contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause in Section I. In the event the Contractor effects any change at the direction of any person other the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. The address and telephone number of the Contracting Officer is
CONTRACTING OFFICER: Natalie J. Rodriguez, [email protected]
5652.204-9000 Individual Authorized to Sign (2003)
(a) Proposals shall be signed by an authorized individual. The offeror hereby represents that the individual designated below is authorized to bind the corporation, partnership, individual or educational institution. Evidence of authorization shall be provided by the offeror in accordance with the applicable instructions below. If the offeror is a joint venture, each participant in the joint venture shall submit a separate representation.
(1) CORPORATIONS: The signatory must be an official or person otherwise authorized to bind the corporation. A Corporate representation as shown below shall be executed in accordance with the instructions, or other evidence must be furnished which satisfactorily shows that the person signing the proposal is empowered to bind the corporation. Corporations may establish the authority of its agents by furnishing a power of attorney with the offer, a corporate resolution, or by causing the following representation to be executed under its corporate seal, provided that the same officer shall not execute both the contract and the representation.
I, _____________________________, represent that I am the ________________________ of the firm named as the offeror herein; that ________________________ signed this contractual instrument on behalf of the corporation and is __________________________ of said corporation; that said contractual instrument was duly signed for and in behalf of said corporation by authority of its governing body; and is within the scope of its corporate powers.
AFFIX CORPORATE SEAL (Note: If a corporation does not have a seal or the offer is being submitted electronically, the offeror may print the word "SEAL".)
___________________________
(Signature)
(2) PARTNERSHIPS: Partnerships shall establish their authority and the authority of their agents by completing the following representation, provided that it is executed by a partner other than the person signing the contractual instrument.
I, _____________________________, represent that I am a partner of the firm of ___________________ consisting of the following partners' _____________________________________________________; that ______________ signed this contractual instrument on behalf of said firm and is __________________________ of said firm; that said contractual instrument was duly signed for and in behalf of said firm by authority of partnership; and is within the scope of its corporate powers.
__________________________
(Signature)
(3) INDIVIDUALS: The signatory must be the owner and the contractual instrument shall be signed as such unless an agent's authority has been established through a power of attorney. Individuals submitting contractual instruments under an agent's signature must furnish a power of attorney to establish the agent's authority.
(4) EDUCATIONAL INSTITUTIONS: The signatory must be an official or person otherwise authorized to bind the educational institution. A representation as shown below shall be executed in accordance with the instructions, or other evidence must be furnished which satisfactorily shows that the person signing the proposal is empowered to bind the educational institution. Educational institutions may establish authority of their agents by furnishing with their offeror a power of attorney, a corporate resolution or by causing the following representation to be executed, provided that the same individual shall not execute both the contract and the representation.
I, _____________________________, represent that I am the ________________________ of the educational institution named as the offeror herein; that ________________________ signed this contractual instrument on behalf of the educational institution and is __________________________ of said educational institution; that said contractual instrument was duly signed for and in behalf of said educational institution by authority of its governing body; and is within the scope of its corporate powers.
___________________________
(Signature)
(a) Once a power of attorney or corporate resolution has been submitted to establish the authority of its agents, provide reference to the Procurement Instrument Identification Number with which it was submitted by including the following statement in lieu of furnishing an additional copy: "Evidence to establish the authority of the agent signing this document was submitted with Document Number _________________."
5652.204-9003 Disclosure of Unclassified Information (NOV 2007)
On September 21, 2001, the Department of Defense designated Headquarters US Special Operations Command (USSOCOM) a sensitive unit, as defined by Title 10 United States Code (USC) Section 130b (10 USC 130b). In keeping with this designation, unclassified information related to USSOCOM military technology acquisitions managed by USSOCOM or any of its component commands, will be designated Controlled Unclassified Information (CUI). As such, the contractor hereby unequivocally agrees that it shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document, contractor's external website, newspaper, magazine, journal, corporate annual report, etc.), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval. Furthermore, any release of information which associates USSOCOM, Special Operation Forces (SOF), or any component command with an acquisition program, contractor, or this contract is prohibited unless specifically authorized by USSOCOM.
•(a) Request for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The contractor shall submit the request to the Contracting Officer at least 45 days before the propose date for release for approval. No release of any restricted information shall be made without specific written authorization by the Contracting Office.
•(b) The Contractor shall include a similar requirement in each subcontract under this contract. Subcontractors shall submit request for authorization to release through the prime contractor to the Contracting Officer.
•(c) The Contractor further understands that Title 18 USC Section 701 specifically prohibits the use of the USSOCOM emblem or logo in any medium (e.g., corporate website, marketing brochure, news paper, magazine, etc.) unless authorized in writing by USSOCOM. Forward any request to use the USSOCOM emblem or logo through the Contracting Officer.
5652.204-9004 Foreign Persons (2006)
In accordance with restrictions required by Executive Order 12470, the Arms Export Control Act (Title 22, USC) (Sec 275), the International Traffic in Arms Regulation (ITAR), or DoD Directive 5230.25, Withholding of Unclassified Technical Data from Public Disclosure, no foreign persons will be permitted to work on a contract without notifying the Contracting Officer. Provide the following information for all foreign persons who will be working on the contract (or "X" here if there are no such individuals: ____):
(1) Full Name:
(2) Date of Birth:
(3) Place of Birth:
(4) Nationality:
(5) Social Security Number:
(6) Visa Status:
(7) Current Address:
(8) If a Subcontractor, Subcontractor Name and Address:
(9) Biographic data and/or resume:
5652.215-9016 Technical and Contractual Questions Concerning This Solicitation (2000)
All questions concerning this procurement, either technical or contractual must be submitted in writing to the Contracting Office. No direct discussion between the technical representative and a prospective offeror will be conducted unless it is deemed necessary by the Contracting Officer. Questions shall be sent to the following point of contact: Dapheny Glover
DEADLINE FOR RFQ QUESTIONS: All questions regarding this requirement shall be submitted electronically to Ms. Dapheny Glover (primary), email: [email protected] and no later than 06 June 2013 at 1500 PST to allow adequate time to prepare a response.
All quotes, together with the quoter's signed amendment(s), if applicable, must be submitted to the following address:
Naval Special Warfare Command, 2440 Trident Way, San Diego, CA 92155-5494. Attn: - Dapheny Glover (primary), Bldg. 624, or e-mailed to: Dapheny Glover [email protected] and Kristen Smith: [email protected]. However, email is the preferred method of submission.
Quoters shall ensure quotes, and signed amendment(s) reach their destination by 10 June 2013 at 1000 PST. No facsimile quotes will be accepted. All quotes must be clearly marked with RFQ No. H92240-13-Q-9020 Quoters shall ensure quotes include the total amount for the entire period of performance. No telephone calls of quotes will be accepted. Potential quoters must monitor this website for changes to the combined synopsis/solicitation. Amendments to the combined synopsis/solicitation will be posted to this website. Quoters shall sign and submit amendment(s) with their quote before the closing date and time. NSWC POC: Ms. Dapheny Glover (primary), email: [email protected] and Kristen Smith: [email protected].