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FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 17, 2013 FBO #4284
SOLICITATION NOTICE

70 -- Ubuntu Server Software Maintenance

Notice Date
8/15/2013
 
Notice Type
Combined Synopsis/Solicitation
 
Contracting Office
600 Dulany Street, Alexandria, VA 22314
 
ZIP Code
22314
 
Solicitation Number
281P1351257_01
 
Response Due
8/21/2013
 
Archive Date
2/17/2014
 
Point of Contact
Name: Client Services, Title: Client Services, Phone: 1.877.933.3243, Fax: 703.422.7822
 
E-Mail Address
Clientservices@fedbid.com;
 
Small Business Set-Aside
Total Small Business
 
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 281P1351257_01 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 2005-69. The associated North American Industrial Classification System (NAICS) code for this procurement is 334614 with a small business size standard of 750.00 employees.This requirement is a [ Small Business ] set-aside 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 2013-08-21 12:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com.FOB Destination shall be Alexandria, VA 20879 The DOC United States Patent and Trademark Office requires the following items, Exact Match Only, to the following: LI 001: Ubuntu Landscape Dedicated Server Software Maintenance Renewal POP: 10/1/2013 to 9/30/2014, 1, EA; LI 002: Ubuntu Desktop Server Software Maintenance Renewal POP: 10/1/2013 to 9/30/2014, 34, 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, DOC United States Patent and Trademark Office 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. DOC United States Patent and Trademark Office 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. Contracting Officer's Authority. The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. Insert clause 1352.239?70, Software License Addendum, in all contracts when the primary purpose is to purchase new software licenses or renew existing licenses. As prescribed in 48 CFR 1339.107, insert the following clause: Software License Addendum (APR 2010) (a) This Addendum incorporates certain terms and conditions relating to Federal procurement actions. The terms and conditions of this Addendum take precedence over the terms and conditions contained in any license agreement or other contract documents entered into between the parties. (b) Governing Law: Federal procurement law and regulations, including the Contract Disputes Act, 41 U.S.C. Section 601 et. seq., and the Federal Acquisition Regulation (FAR), govern the agreement between the parties. Litigation arising out of this contract may be filed only in those fora that have jurisdiction over Federal procurement matters. (c) Attorney's Fees: Attorney's fees are payable by the Federal government in any action arising under this contract only pursuant to the Equal Access in Justice Act, 5 U.S.C. Section 504. (d) No Indemnification: The Federal government will not be liable for any claim for indemnification; such payments may violate the Anti-Deficiency Act, 31 U.S.C. Section 1341(a). (e) Assignment: Payments may only be assigned in accordance with the Assignment of Claims Act, 31 U.S.C. Section 3727, and FAR Subpart 32.8, ?Assignment of Claims.? (f) Invoices: Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. Section 3903) and Office of Management and Budget (OMB) Circular A?125, Prompt Payment. (g) Patent and Copyright Infringement: Patent or copyright infringement suits brought against the United States as a party may only be defended by the U.S. Department of Justice (28 U.S.C. Section 516). (h) Renewal of Support after Expiration of this Award: Service will not automatically renew after expiration of the initial term of this agreement. (i) Renewal may only occur in accord with (1) the mutual agreement of the parties; or (2) an option renewal clause allowing the Government to unilaterally exercise one or more options to extend the term of the agreement. Equipment Condition New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty. Bid MUST be good for 30 calendar days after close of Buy. Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination. This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. The offeror must provide within its offer the number of days required to make delivery after it receives a purchase order from the buyer. No partial shipments are permitted unless specifically authorized at the time of award. The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; 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, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at http://www.acqnet.gov/far. If this procurement is for a commercial item(s)as defined by FAR 2.101, then the authority for this procurement is FAR Part 12 "Acquisition of Commercial Items," and FAR 52.212-4 "Contract Term and Conditions-Commercial Items" is hereby incorporated. If this procurement is not for a commercial item(s) then the authority for this procurement is FAR Part 13"Simplified Acquisition Procedures", and FAR 52.213-4 "Terms and Conditions-Simplified Acquisitions (Other than Commercial Items)" is hereby incorporated. Additional information: Contractors/Offerors should note the clauses above incorporate Central Contractor Registration (CCR)requirements. Registration in CCR is required for contract award." These terms and conditions incorporate new Central Contractor Registration (CCR) requirements. Contractors shall include their DUNS number(or DUNS+4, whichever is appropriate) on all invoices. Failure to do so may result in processing delays. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services. Advertisements, press releases and publicity of a contract by a supplier shall not be made without the prior express written permission of the Contracting Officer. Deliveries can only be accepted at the USPTOs Warehouse during its hours of operation from 6:30AM to 3:00PM, EST "Contracting Officer's Local Time" Monday through Friday. Evaluation factor will be Lowest Priced, Technically Acceptable. "Technically Acceptable" is defined as being the vendor provided the lowest priced product/maintenance that meets the exact specifications outlined in solicitation.
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/DOC/PTO/OPDC20220/281P1351257_01/listing.html)
 
Place of Performance
Address: Alexandria, VA 20879
Zip Code: 20879
 
Record
SN03150680-W 20130817/130815235857-9fecc2429e11e07b482a3e0fb5495424 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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