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 will not be issued. Incorporated provisions and clauses are those in effect through Federal Acquisition Cicrular (FAC) 2005-98 (effective 31 May 2018). The solicitation number for this requirement is W91ZLK-19-Q-0001. This requirement has been deemed as unrestricted. The associated North American Industry Classification System (NAICS) Code is 511210 and Business Size Standard is $38.5M. The Government contemplates the award of a Firm-Fixed-Price (FFP) contract and will be evaluated based on the Lowest Priced Technically Acceptable (LPTA) offer.

Description of Requirement: (SEE ATTACHED SOW)

The purpose of this contract is to acquire a Spatial Anlayzer Ultimate Software Maintenance Agreement (SMA) License 4815 & License 6687 for the U.S. Army Aberdeen Test Center (ATC) located at Aberdeen Proving Ground, MD. The provision at FAR 52.212-2- Evaluation-Commercial Items, applies to this acquisition. The contract will be awarded to the LPTA offeror. The technical evaluation will be a determination based on information furnished by the vendor in the submitted proposal. The Government is not responsible for locating or securing any information which is not identified in the offer. The Government reserves the right to make an award without discussion.

EVALUATION FACTORS:

1. Technical:
     The Technical volume of the proposal will be evaluated against the requirements described in the SOW contained in this solicitation. The Technical Volume will be determined to be "Acceptable" or "Unacceptable", using the following ratings:

Technical Acceptable/Unacceptable Ratings

Rating Description
Acceptable--Proposal clearly meets the minimum requirements of the solicitation.
Unacceptable--Proposal does not clearly meet the minimym requirements of the solicitation.

2. Price:
The Government will evaluate the price proposal for award purposes by using price analysis techniques described in FAR 15.404-1 (b) based on competition and other factors. Accordingly, the analytical techniques and procedures described in FAR 15.404-1 may be used singly or in combination with others, as determined by the Contracting Officer, to ensure the costs are fair and reasonable. Any significant incnosistency, if unexplained, may raise a fundamental issue of the Offeror's understanding of the nature and scope of the work required and may be grounds for rejection of the proposal as inadequate.

EVALUATION & BASIS FOR AWARD

Basis for Award:
The Government intends to award Firm-Fixed Price (FFP) contract to the LPTA proposal in accordance with FAR 15.101-2. To receive consideration for award, a rating of "Acceptable" must be achieved in the Technical factor.

Rejection of Offers: In accordance with FAR 52.212-1 (g), 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. Examples include, but are not limited to the following:
a. Offers that provide only a statement indicating its capability to comply with the RFP terms without support and elaboration as specified in volume instructions stated in this combined synopsis/solicitation; or
b. Offers that reflect an inherent lack of technical competence or a failure to comprehend the complexity and risks required to perform the requirements. This may include submission of a proposal which is abnormally high or low in Price (unbalanced pricing) or unattainable in terms of technical or schedule commitments; or
c. Offers that do not meet all the stated material requirements of this combined synopsis/solicitation; or
d. Offers that propose exceptions to the attachments, exhibits, enclosures, or other combined synopsis/solicitation terms and conditions.

Evaluation and Source Selection Process
Selection:
Selection of the successful Offeror shall be made following an assessment of each proposal, based on the response to the requirements of this solicitation. Proposals will be evaluated as specified in Proposal Evaluation Section below.

Evaluation:
The evaluation of proposals submitted in response to this combined synopsis/solicitation shall be conducted in accordance with a LPTA competition.

Award without Discussions:
In accordance with FAR 52.212-1 (g), The Government intends to evaluate proposals and award a contract without discussions with Offerors (except clarifications as described in FAR 15.306 (a). Therefore, the Offeror's initial proposals shall contain the Offeror's best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competion can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

Determination of Responsibility: In accordance with FAR 9.103, contracts will be placed only with Contractors that the Contracting Officer determines to be responsible. Prospective offerors, in order to qualify as sources for this acquisition must be able to demonstrate that they meet standards of responsibility set forth in FAR 9.104. No award can be made to an Offeror who has been determined non-responsible by the Contracting Officer.

PROPOSAL EVALUATION
Evaluation Factors: The Technical volume of the proposal will be evaluated against the requirements described in the SOW contained in this solicitation. The Technical Volume will be determined to be "Acceptable" or "Unacceptable", using the following ratings:

Technical Acceptable/Unacceptable Ratings

Rating Description

Acceptable - Proposal clearly meets the minimum requirements of the solicitation.
Unacceptable - Proposal does not clearly meet the minimum requirements of the solicitation.

Technical Proposal:

FACTOR 1: Technical Factor: The Government will evaluate the offeror's technical proposal based on the technical factors stated in the SOW.

FACTOR 2: Price Factor
The Government will evaluate the price proposal for award purposes by using price analysis techniques described in FAR 15.404-1 (b) based on competition and other factors. Accordingly, the analytical techniques and procedures described in FAR 15.404-1 may be used singley or in combination with others, as determined by the Contracting Officer, to ensure the costs are fair and reasonable. Any significant inconsistency, if unexplained, may raise a fundamental issue of the Offeror's understanding of the nature and scope of the work required and may be grounds for rejection of the proposal as inadequate.

Partial quotes will not be evaluated by the Government.

SUBMISSION PROCEDURES:

ALL PROPPOSALS SHALL BE SUBMITTED VIA EMAIL WITH THE SUBJECT LINE:
W91ZLK-19-Q-0001 PROPOSAL FROM (INSERT COMPANY NAME)
The offeror shall include a Company name, Point of contact, Company CAGE code, DUNS number and TIN.
All questions regarding this solicitation must be submitted to the Contract Specialist Olga M. Hairston via e-mail no later than 10:00 a.m. Eastern Time, March 6, 2019 to [email protected].
NO TELEPHONE INQUIRIES WILL BE HONORED.

All proposals from responsible sources will be fully considered. Contractors who are not registered in the System for Award Management (SAM) database prior to award will not be considered. Contractors may register with SAM online for free at www.sam.gov.
Offerors shall include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications Commerical Items, with its offer.
FAR 52.252-1- Solicitation Provisions Incorporated by Reference.

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provisions by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of  solicitation provision may be accessed electronically at the following address:
http://farsite.hill.af.mil.

The following clauses and provisions are incorporated by reference.
FAR 52.203-6, Restrictions on Subcontractor Sales to the Government, Alternate I
FAR 52.203-13, Contractor Code of Business Ethics and Conduct
FAR 52.204-7 System for Award Management

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2016

FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporation-Rep NOV 2015

FAR 52.209-6 – Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

FAR 52.209-10 – Prohibition on Contracting with Domestic Corporations.

FAR 52.212-1 – Instructions to Offeror – 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

FAR 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items.(Deviation 2013-0019)

FAR 52.219-6, Notice of Total Small Business Set-Aside

FAR 52.219-8, Utilization of Small Business Concerns

FAR 52.222-3, Convict Labor

FAR 52.219-14, Limitations on Subcontracting

FAR 52.219-28, Post-Award Small Business Program Representation
FAR 52.222-3, Convict Labor
FAR 52.222-17, Nondisplacement of Qualified Workers
FAR 52.222-19, Child Labor - Cooperation with Authorities and Remedies
FAR 52.222-21, Prohibition of Segregated Facilities
FAR 52.222-26, Equal Opportunity
FAR 52.222-35, Equal Opportunity for Veterans
FAR 52.222-36, Affirmative Action for Workers and Disabilities
FAR 52.22-37, Employment Reports on Veterans
FAR 52.222-40, Notification of Employee Rights under the National Labor Relations Act
FAR 52.222-42 Statement of Equivalent Rates for Federal Hires
FAR 52.222-50, Combating Trafficking in Persons

FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

FAR 52.225-13, Restrictions on Certain Foreign Purchases

FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications

FAR 52.232-33 – Payment by Electronic Funds Transfer – System for Award Management

FAR 52.232-39, Unenforceability of Unauthorized Obligations

FAR 52.233-1 – Disputes

FAR 52.233-3 – Protest After Award

FAR 52.233-4 – Applicable Law for Breach of Contract Claim

FAR 52.237-2, Protection of Government Buildings, Equipment, and Vegetation
FAR 52.239-1, Privacy or Security Safeguards
FAR 52.243-3, - Changes -Time-and-Materials or Labor Hours.
FAR 52.243-1, Changes-Fixed Price, Alternate I

FAR 52.247-34 – F.O.B. Destination
FAR 52.249-8, Default (Fixed-Price Supply and Services)
DFARS 252.201-7000 Contracting Officer's Representative

DFARS 252.203-7000 – Requirements Relating to Compensation of Former DoD Officials.

DFARS 252.203-7002 – Requirements to inform Employees of Whistleblower Rights.

DFARS 252.204-7003 – Control of Government Personnel Work Product.

DFARS 252.204-7012 – Safeguarding of Unclassified Controlled – Technical Information.

DFARS 252.204-7015 – Disclosure of Information to Litigation Support Contractors.

DFARS 252-211-7003, Item Identification and Valuation.

DFARS 252-215-7007, Notice of Intent to Re-solicit

DFARS 252.223-7008, Prohibition of Hexavalent Chromium
DFARS 252.225-7012, Preference for Certain Domestic Commodities

DFARS 252.225-7048, Export – Controlled Items
DFARS 252.226-7001, Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Small Business Concerns. 
DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

DFARS 252.232-7006, Wide Area Workflow Payment Instructions.

DFARS 252.232-7010 – Levies on Contract Payments.
DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel.
DFARS 252.239-7002, Access
DFARS 252.243-7001 – Pricing of Contract Modifications.
DFARS 252.243-7002, Requests for Equitable Adjustment

DFARS 252.244-7000 – Subcontracts for Commercial Items JUN 2013

DFARS 252.247-7023 – Transportation of Supplies by Sea

EXEMPTION CERTIFICATE FROM MARYLAND RETAIL SALES AND USE TAX (OCT 2012) ACC-APG 5152.229-4900 Exemption Certificate No. 30005004 covers exemption from Maryland Retial Sales and Use Tax.
AMC-LEVEL-PROTEST PROGRAM (AUG 2012) ACC-APG 5152.233-4900

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible Contracting Officer. However, you can also protect to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protect with the General Accounting Office (GAO) or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the smae time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protest (other than protests to the Contracting Officer) to:

Headquarters U.S. Army Materiel Command
Office of Commmand Counsel-Deputy Command Counsel 4400 Martin Road
Rm: A6SE040.001
Redstone Arsenal, AL 35898-5000
Phone: (256) 450-8165
Fax: (256) 450-8840
E-mail: [email protected]
The AMC-Level Protest Procedures are accessible via the Internet at:
www.amc.army.mil/amc/commandcounsel.html. If Internet access is not available, contact the Contracting Officer or HQ, AMC, to obtain the AMC Level Protest Procedures.
The AMC-Level Protest Procedures are accessible via the Internet at:
www.amc.army.mil/amc/commandcounsel.html. If internet access is not available, contact the Contracting Officer or HQ, AMC, to obtain the AMC Level Protest Procedures.