This is a combined/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and FAR Part 13, Simplified Acquisition Procedures, 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. The solicitation number for this acquisition is NIH-OLAO-OD3-3513755, and the solicitation is being issued as a Request for Quote (RFQ). This solicitation document and its incorporated provisions are those in effect through the Federal Acquisition Circular (FAC 2005-76). This acquisition will be processed as a fixed price requirement and is a small business set-aside. The North American Industry Classification System (NAICS) Code for this acquisition is 511210, and the small-business size standard is $35.5 million.

The National Institutes of Health (NIH) has an immediate need for the BlueCoat MAA (Malware Analysis Appliance) upgrade. For efficiency in operations, continuing with the BlueCoat upgrade of the Norman technology already in use at NIH is expected to reduce labor costs in the maintenance and operations of the appliance. Please review the attached brand name justification and item list for he required upgrades.

FAR provisions and clauses that apply to this acquisition: FAR 52.212-1, Instructions to Offerors, Commercial Items; FAR 52.212-2 Evaluation-Commercial Items; FAR 52.212-3 Offeror Representations and Certifications-Commercial Items; FAR 52.212 4, Contract Terms and conditions Commercial Items. Under FAR 52.212 5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). 2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)"(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). 18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). ) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). 28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (44)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. (46) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (52) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a)
In order to be considered for an award, an offeror must have completed the online electronic Representations and Certifications located at https://www.sam.gov in accordance with FAR 4.1201(a). By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in SAM at https://www.sam.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 System for Award Management will make an offeror ineligible for award.] All responsible sources may submit an offer that will be considered by the Agency. Offers must be submitted no later than 12:00 P.M. Eastern Daylight Time on Wednesday, September 25, 2014. For delivery of responses through the Postal Service, the address is NIH/OD, 6011 Executive Blvd, Suite 637J, Rockville, Maryland 20852. E-mail submissions to [email protected] by required response time. Fax submissions are not authorized. Requests for further information or questions concerning this requirement must be submitted in writing by September 23, 2014 and can be e-mailed to [email protected].

 

 

 

 

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