Defense Logistics Agency (DLA) has a brand name requirement for NetScout nGenius InfiniStream Mastercare Maintenance. This is issued as Request for Quotation (RFQ) # SP4707-12-Q-0072. Place of performance is Battle Creek, Michigan. Inspection, acceptance and F.O.B. are at destination, Battle Creek, Michigan. Delivery shall be no later than 30 days after receipt of order (ARO). The evaluation factor(s) for award is; lowest-price, technically acceptable. Any resulting contract or order will be firm-fixed price.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular #2005-58.
 
This acquisition is totally set-aside for small business concerns and the associated NAICS code is 541511 with a SBA size standard of $25,000,000 in average annual receipts.

Offerors shall provide a price for each contract line item number (CLIN) in their quote. Quotes with quantities of more and/or less than requested or products other than those requested specifically by brand name will be rated technically unacceptable.

CLIN Descriptions:

CLIN 0001: NetScout Mastercare Maintenance, nGenius InfiniStream, 4-Port 10/100/1000 Base, P/N: 6916A/TS SUPP MSTC, QTY: 02 EA. S/N: 4VHR5H1 & 82QS5H1.

Redacted Brand Name Justification: DLA currently has two Infinistream network sniffers from NetScout, used daily to troubleshoot network, application, and software issues. The network sniffers help troubleshoot, isolate, and monitor network traffic. NetScout Maintenance provides all replacement parts, software modules, technical support, and software upgrades.

The current requirement is for support and maintenance on two NetScout Infinistream network sniffer units. With the required maintenance, DLA can have them repaired or upgraded in a timely manner. It is imperative that the requested maintenance be obtained directly from NetScout, or an approved NetScout partner so that DLA is assured of all the maintenance, software, upgrades, and technical support to keep our present compatibility with all the devices in production.

Utilizing another manufacturer's maintenance services significantly increases the risk of being provided incorrect equipment, non-compatible software, or invalid technical support, which could make the Government owned NetScout devices inoperable. NetScout is the only source capable of providing the technical support and critical updates for all software issues. Without name brand maintenance from the original equipment manufacturer, DLA will not have access to the latest software updates and releases.

Place "SP4707-12-Q-0072" in the subject field of any e-mail correspondence. Questions regarding this RFQ are due by Thursday, July 5, 2012 at 4:00 PM EST. Late questions shall not be answered. Quotes are due by the response deadline Monday, July 9, 2012 at 4:00 p.m. EST. Late quotes shall not be accepted and will not receive consideration for award. Please include your Cage Code with your quote. Questions and/or quotations may be submitted by e-mail to David Stemple, the primary point of contact for this announcement, at [email protected].

The following clauses/provisions are hereby incorporated by reference. Clauses may be accessed on the Internet at http://farsite.hill.af.mil.

Instructions to Offerors -- Commercial Items (Feb 2012) -- FAR 52.212-1
Offeror Representations and Certifications -- Commercial Items (Apr 2012) -- FAR 52.212-3
Contract Terms and Conditions -- Commercial Items. (Feb 2012) -- FAR 52.212-4
Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2012) --FAR 52.212-5
In paragraph (a) the following clauses apply:
(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) (Pub. L. 108-77, 108-78).
In paragraph (b) the following clauses apply:
_X_ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
_X_ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
_X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).
_X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X_ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).
_X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
_X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
_X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).
_X_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
_X_ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).
_X_ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
In paragraph (b) the following clauses apply:
(1) _X_ 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) (Section 847 of Pub. L. 110-181).

Bid Protests Not Available