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FBO DAILY ISSUE OF MAY 03, 2012 FBO #3813
SOLICITATION NOTICE

70 -- VMware

Notice Date
5/1/2012
 
Notice Type
Combined Synopsis/Solicitation
 
Contracting Office
101 Independence Avenue, Washington, DC 20450
 
ZIP Code
20450
 
Solicitation Number
CRS20120075
 
Response Due
5/7/2012
 
Archive Date
11/3/2012
 
Point of Contact
Name: Jason Watts, Title: Account Manager, Phone: 571-297-5441, Fax:
 
E-Mail Address
Jason.Watts@fedbid.com;
 
Small Business Set-Aside
N/A
 
Description
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.The solicitation number is CRS20120075 and is issued as an invitation for bids (IFB), unless otherwise indicated herein.The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-58. The associated North American Industrial Classification System (NAICS) code for this procurement is 334611 with a small business size standard of 500.00 employees.This requirement is unrestricted and only qualified offerors may submit bids.The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2012-05-07 17:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com.FOB Destination shall be Washington, DC 20540 The Library of Congress requires the following items, Exact Match Only, to the following: LI 001, TPP L1 U.S. Federal VMware vSphere 5 Enterprise Plus for 1 processor (with 96 GB vRAM entitlement per processor) MFG# VS5-ENT-PL-F-L1, 12, EA; LI 002, U.S. Federal Production Support/Subscription for VMware 5 Enterprise Plus for 1 processor for 1 year VS5-ENT-PL-PSSS-F, 12, EA; Solicitation and Buy Attachments ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, Library of Congress intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. Library of Congress is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids.All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com.Offerors that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Offerors that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at clientservices@fedbid.com. Offerors may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process.Should offerors require additional clarification, notify the point of contact or FedBid at 877-9FEDBID (877-933-3243) or clientservices@fedbid.com.Use of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. [Prescription: Include this clause in Purchase Orders for non-commercial items.] The prospective contractor shall complete the electronic annual representations and certifications, FAR 52.204-8 Annual Representations and Certifications (Jan 2006) at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database (see FAR 4.1102). The Offeror shall submit to the Contracting Officer a copy of the completed representations and certifications with its offer. The prospective contractor shall update the representations and certifications submitted to ORCA as necessary, but at least annually, to ensure they are kept current, accurate, and complete. The representations and certifications are effective until one year from date of submission or update to ORCA. [Prescription: Include this clause in solicitations and contracts that require on-site contractor personnel; otherwise, do not include.] (a) Personnel provided under this contract shall not be under pending charges and shall have not been convicted of any felony within the last 10 years, or any misdemeanor within the last 5 years (excepting minor motor vehicle infractions for which the individual paid a fine or posted collateral in the amount of $300 or less), which would indicate violent or disruptive conduct, dishonest conduct, untrustworthiness or unreliability which could reasonably affect performance on the contract or pose a security concern with respect to access to Library buildings or grounds, property or collections. Note that the term "convicted" would include a disposition of "probation" or "probation before judgment." (b) Should any person employed by the contractor to perform work under this contract be convicted of any of the aforesaid offenses, the contractor agrees to remove the individual from the contract performance and return all Library building and stack passes issued to the individual. The contractor also agrees to remove any individual under pending charges for any felony or misdemeanor with the exceptions noted above until such time as the final disposition is known. (c) Upon request of the Library, the contractor will identify personnel to be assigned to work under the contract and submit a FD-258 (contractor fingerprint chart) and any other necessary administrative forms provided by the Library so that a background check may be conducted. The parties agree that the Library has final authority to determine the suitability of contractor personnel who perform work under this contract. Nevertheless, the fact that the Library may conduct background checks on assigned contractor personnel does not relieve the contractor of the responsibility to provide qualified, reliable personnel of sound character and conduct. The prospective contractor shall complete the electronic annual representations and certifications, FAR 52.212-3 Offeror Representations and Certifications ?Commercial Items (Feb 2009) at http://orca.bpn.gov in conjunction with required registration in the Central Contractor Registration (CCR) database (see FAR 4.1102). The Offeror shall submit to the Contracting Officer a copy of the completed representations and certifications with their offer. The prospective contractor shall update the representations and certifications submitted to ORCA as necessary, but at least annually, to ensure they are kept current, accurate, and complete. The representations and certifications are effective until one year from date of submission or update to ORCA. E.1Contractor ResponsibilityThe Contractor is responsible for the day-to-day inspection and monitoring of the Contractor work performed to ensure compliance with contract requirements. The results of all contractor quality control inspections conducted shall be documented on inspection reports and provided to the COTR, as requested. All work performed under this contract shall be of the highest quality and in keeping with the best practices of the industry. Services rendered under this contract shall be of sufficient quality to ensure timely delivery of supplies/provision of services, and optimum satisfaction of CRS and adequate protection of Government's assets. E.2Inspection and AcceptanceCommercial items or services under this s contract shall be inspected and accepted in accordance with LOC 52.212-4 Contract Terms and Conditions ? Commercial Items, As Modified by the Library of Congress (FEB 2008) E.3LOC 52.246-4, Inspection of Services -- Fixed-Price. (Aug 1996) As Modified By the Library of Congress (a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.(b) The Contractor shall provide and maintain an inspection system acceptable to the Library covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the LOC during contract performance and for as long afterwards as the contract requires.(c) The LOC has the right to inspect and test all services called for by the contract to the extent practicable at all times and places during the term of the contract. The LOC shall perform inspections and tests in a manner that will not unduly delay the work.(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.(e) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may (1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements, and (2) Reduce the contract price to reflect the reduced value of the services performed.(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service, or (2) Terminate the contract for default.(g) 20 days prior to the starting date of the contract, the Contractor shall submit to the Contracting Officer a list giving the name of the manufacturer, the brand name and intended use of each of the materials that he proposes to use in the performance of the work. The Contractor shall not use any materials which the Library determines would be unsuitable for the purpose or harmful to the surfaces to which applied, or to any other part of the building, its content, or equipment. (h) The Library has the right either to reject or to require correction of nonconforming materials. Materials are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Library may reject nonconforming materials with or without disposition instructions.(j) The Contractor shall remove materials rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected materials without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.E.4Performance Evaluation MeetingsThe Contractor's Point of Contact (POC) may be required to meet at least weekly with the Contracting Officer or Contracting Officer's Technical Representative (COTR) during the first month of this contract. Meetings will be as often as necessary thereafter as determined by the Contracting Officer or COTR. However, at the Contractor's request, a meeting may be held whenever a contract discrepancy report is issued. End of Section E G.2Contracting Officer's AuthorityG.2.1 Contracting Officer: The CO is the only person authorized to issue amendments and modifications to the solicitation/contract, approve changes in any of the requirements under the solicitation/contract, or obligate funds. Notwithstanding any clause/provision contained elsewhere in this contract, the authority to modify the contract remains solely with the CO. If the Contractor makes any contract changes at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increases in charges that may result. The CO has the authority to perform any and all post-award functions in administering and enforcing the contract in accordance with its terms and conditions.G.2.2 The Contractor shall submit any requests for modification of this contract to the CO with a copy of the request to the appointed COTR.G.2.3 Contracting problems of any nature that may arise during the life of the contract must be handled in conformance with very specific public laws and regulations, including, but not limited to, the Federal Acquisition Regulation provisions in this contract. Only the CO is authorized to formally resolve such problems. Therefore, the COTR and the Contractor shall bring unresolved contractual problems to the immediate attention of the CO Officer. G.3Contracting Officer's Technical Representative G.3.1 The COTR will be responsible for the technical administration of this contract. The responsibilities of the COTR include but are not limited to:(a) Developing the technical requirements.(b) Evaluating Contractor submitted reports for technical sufficiency.(c) Providing the technical direction during the performance of this contract. Technical direction includes: (i) Direction to the Contractor to assist him/her in accomplishing the PWS or SOW;(ii) Comments on and approval of reports or other deliverables. (d) Monitoring the Contractor's performance under the contract. (e) Inspecting and accepting all deliverables. (f) Conducting periodic reviews to ensure compliance with the contract terms and conditions. (g) Advising the CO of any factors that may cause delay in performance of the work.G.3.2 Technical direction must be within the scope of the contract's Statement of Work or PWS. The COTR does not have the authority to issue technical direction which:(a) Institutes additional work outside the scope of the contract;(b) Constitutes a change;(c) Causes an increase or decrease in the estimated cost of the contract.(d) Alters the period of performance.(e) Changes any of the other express terms or conditions of the contract.G.3.3 Technical direction will be issued in writing by the COTR or confirmed by him/her in writing within five (5) calendar days after verbal issuance.G.3.4 The COTR shall provide no supervisory or technical instructional direction to the Contractor's personnel. G.4Invoice and Payment ProvisionsAll invoices shall be prepared in accordance with LOC 52.232-25, Prompt Payment ? As Modified by the Library (Nov 2007). G.5Taxpayer Identification NumberThe Contractor shall include his or her Social Security Number (for individuals) or Employer Identification Number (for other entities) on each invoice submitted for payment under this contract. This information is required in order for the Library to comply with the requirement to file Internal Revenue Service Information returns pursuant to the Internal Revenue Code. (Note: This information should be entered in the address block on the invoice).G.6Method of PaymentPayments under this contract will be made by the Library by electronic funds transfer through the Automated Clearing House (ACH)). After award, but no later than 14 days before an invoice is submitted, the Contractor(s) shall designate a financial institution for receipt of electronic funds transfer payments in accordance with the requirements of the FAR clause 52.232-28, ?Electronic Funds Transfer Payment Methods ?(See Section I). Contractor's failure to properly designate a financial institution or to provide appropriate payee bank account information may delay payments of amounts otherwise properly due.The date of payment by electronic funds transfer shall be considered to be the date that payment is made.G.7Payment of Invoices The payment due date shall be considered to be that later of the following two events: (a) the 30th day from receipt of a proper invoice, or (b) the 30th day after the acceptance of the services performed by the contractor. End of Section G F.152.252-01 Clauses Incorporated by Reference This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this address: http://www.arnet.gov/far/ 52.242-15Stop Work OrderAUG 198952.242-17Government Delay of WorkAPR 198452.247-34F.O.B. DestinationNOV 1991 F.2Period of PerformanceThe Period of Performance of this contract is for one (1) year, commencing from 5/14/2012 through 5/13/2013. F.3Place of PerformanceAll work associated with this contract shall be performed at the following addresses:Library of Congress.101 Independence Avenue, SEWashington, DC 20540
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/LOC/CS/CS1/CRS20120075/listing.html)
 
Place of Performance
Address: Washington, DC 20540
Zip Code: 20540
 
Record
SN02736133-W 20120503/120502000317-17a80a5b6bdb8fee76402f06a1f00138 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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