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 (paper copy) will not be issued. Further, offerors are responsible for monitoring this site for the release of amendments (if any) or other information pertaining to this solicitation.

Solicitation FA8751-13-Q-NET3 is issued as a request for quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-63 and Defense Federal Acquisition Regulation Supplement Change Notice (DCN) 20121212. See http://farsite.hill.af.mil/ for the full text of all provisions and clauses incorporated by reference herein.

This procurement is being issued as a total small business under NAICS code 811212 and small business size standard of $25,500,000 average annual receipts.

The contractor shall provide hardware/software maintenance on a Firm Fixed Price (FFP) basis for the existing NetScout items identified in the Description of Requirement (Attachment No. 1). The hardware/software maintenance shall meet at least the following requirements:

-24x7 Access to Technical Support
-Online submission and tracking of support tickets and product enhancement requests
-One Hour Priority Response to Technical Support Calls
-Software and Firmware Updates for Covered Products, including third-party integration resources, enhancements, experts/decodes, and patches through online download center
-Advanced Replacement or Onsite Repair for Hardware
-Registered access to 24x7 technical self-help through online portal
-Access to online library of product documentation and help resources to include configuration, customization, use and migration of products, and Frequently Asked Questions
-Access to knowledge transfer and best practices through online learning center, including white papers, technical overviews, product videos on features and best practices
-Access to recorded learning modules designed to make product use more effective
-Subscription to technical support newsletter and bulletins

Offerors shall provide at least the same warranty terms, including offers of extended warranties, offered to the general public in customary commercial practice.

The period of performance is date of contract award through 31 March 2013. All deliveries shall be made in accordance with FAR 52.247-34 FOB Destination. The place of delivery is acceptance and FOB destination point is Shaw AFB, SC.

The provision at 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition. Addenda to the following paragraphs of 52.212-1 are:

(b) Written quotes are due at or before 3 PM (ET) TUE 08 JAN 2013. Submit to: AFRL/RIKO, Attn: Kelly Higgins, 26 Electronic Parkway, Rome NY 13441-4514 or by facsimile to: 315-330-2555 or by email to [email protected]. Offerors are encouraged to submit their quotes using the SF 1449, Solicitation/Contract/Order for Commercial Items.

(b)(4) Submit a technical description of the items being offered.

(b)(12) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(g) Contract award. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(k) SAM. Offerors must be registered in the SAM database prior to submitting an invoice. Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Offerors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

The provision at FAR 52.212-2, Evaluation -- Commercial Items applies. In addition to the information within paragraph (a), the following evaluation factors shall be used to evaluate offers: (i) technical capability of the item offered to meet the Government requirement and (ii) price. Both evaluation factors are of approximately equal importance.

Offerors are required to complete representations and certifications found in the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items and ALT I. Also complete DFARS 252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under Any Federal Law and DFARS 252.209-7998 Representation Regarding Conviction of a Felony Criminal Violation under Any Federal or State Law. For your convenience 52.212-3, DFARS 252.209-7999, and 252.209-7998 are attached to this solicitation (Attachment No. 2).

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, applies to this acquisition. The following additional FAR clauses cited in the clause are applicable to this acquisition:

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards
52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
52.219-6, Notice of Total Small Business Aside
52.219-28, Post Award Small Business Program Rerepresentation
52.222-3, Convict Labor
52.222-21, Prohibition of Segregated Facilities
52.222-26, Equal Opportunity
52.222-35, Equal Opportunity for Veterans
52.222-36, Affirmative Action for Workers with Disabilities
52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving
52.225-13, Restrictions on Certain Foreign Purchases
52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration
52.222-41, Service Contract Act Of 1965, as Amended
52.222-42, Statement of Equivalent Rates for Federal Hires, filled-in as follows: 23183 Electronics Technician Maintenance III $23.39 + $3.71 = $27.10

The clause at 252.212-7001, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders Applicable to Defense Acquisitions of Commercial Items, applies to this acquisition. The following additional DFARS clauses cited in the clause are applicable to this acquisition:

252.203-7000, Requirements Relating to Compensation of Former DoD Officials
252.232-7003, Electronic Submission of Payment Requests and Receiving Reports
252.247-7023, Transportation of Supplies by Sea and Alternate III
252.247-7024, Notification of Transportation of Supplies by Sea

The following additional FAR and FAR Supplements provisions and clauses also apply:

52.211-6, Brand Name or Equal
52.232-18, Availability of Funds
252.232-7006 Wide Area Workflow Payment Instructions
252.232-7010, Levies on Contract Payments

5352.201-9101, OMBUDSMAN is hereby incorporated into this solicitation. The Ombudsman for this acquisition is Barbara Gehrs, Building 15, RM225, 1864 4th Street, Wright-Patterson AFB OH 45433-7130 FAX: 937-656-7321 COM: 937-904-4407.

5352.232-9001, Health and Safety on Government Installations
5352.242-9000, Contractor Access to Air Force Installations

The following additional terms and conditions apply:

Note that the clause at 252.232-7003 is included in this solicitation. DoD requires all payment requests (with a few exceptions) to be submitted and processed electronically. All vendors/contractors must familiarize themselves with this clause and DFARS 232.7003 for specific procedures. The DoD preferred electronic form for transmission is Wide Area Workflow - Receipt and Acceptance (see website - https://wawf.eb.mil). Wide Area Workflow Training may be accessed online at http://www.wawftraining.com. Please confirm in your quote that your company is able to submit electronic invoices as set forth in the clause.

Note that funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this contract action. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an Offeror for any costs.

All responsible organizations may submit a quote, which shall be considered.

Bid Protests Not Available