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; offers are being requested and a written solicitation (paper copy) will not be issued.  Further, offerors are responsible for monitoring this site for the release of amendments (if any) or other information pertaining to this solicitation. 

Solicitation FA8751-20-Q-0077 is issued as a request for quotation (RFQ).

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-08 and Defense Federal Acquisition Regulation Supplement Change Notice (DCN) 20200605.  See http://acquisition.gov for the full text of all provisions and clauses incorporated by reference herein.

This procurement is being issued as a total small business set-aside under NAICS code 511210 and small business size standard of $41,500,000 in average annual revenue.
 

The contractor shall provide the item detailed below on a Firm Fixed Price, BRAND NAME ONLY basis, including FOB Destination.  See the attached Brand Name Justification (Attachment 1) for details.  All Offerors must be Keysight authorized resellers.  Any offers received from contractors who are not Keysight authorized will not be considered for award.

N1010100A Research and Development Package for FlexDCA and R-B5A-001-A Node-locked perpetual license - includes basic oscilloscope measurements that are enhanced with the additional capabilities provided by this Research and Development package, including: Enhanced Jitter Analysis; Equalizers (CTLE, DFE, LFE); User Defined Measurements and Operators; Advanced Amplitude Analysis/RIN/Q-Factor; Advanced Eye Analysis; TDEC Transmitter and Dispersion Eye Closure for NRZ; PAM-N Analysis Basic (PAM4 including TDECQ, EW/EH, Linearity); PAM-N Analysis Advanced; (PAM-N Analysis Basic + partial TD; Qty, 1

Used, pre-owned, refurbished, or remanufactured goods will not be accepted.  Items must be factory new.

Offerors shall provide at least the same warranty terms, including offers of extended warranties, offered to the general public in customary commercial practice.  

The anticipated delivery date is 3 weeks after receipt of order (ARO). All deliveries shall be made in accordance with FAR 52.247-34 FOB Destination. The place of delivery, acceptance and FOB destination point is Rome, NY 13441.

The provision at 52.212-1, Instructions to Offerors – Commercial Items applies to this acquisition.  Addenda to the following paragraphs of 52.212-1 are:

(b) Written quotes are due at or before 3PM Eastern Time, 8 September 2020.  Submit by email to:  [email protected] Offerors are encouraged to submit their quotes using the SF 1449, Solicitation/Contract/Order for Commercial Items.

(b)(4)  Submit a technical description of the items being offered.

(b)(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(g) Contract award. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. 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.

The provision at FAR 52.212-2, Evaluation -- Commercial Items applies. In addition to the information within Paragraph (a), the following factors shall be used to evaluate offers:  (i) price and (ii) technical capability

All evaluation factors when combined are approximately equal. The Government intends to award to the lowest priced, technically acceptable Offeror.

Offerors are required to complete the following representations and certifications:

52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

52.212-3, Offeror Representations and Certifications -- Commercial Items

252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (DEC 2019)
252.225-7000, Buy American--Balance Of Payments Program – Basic252.225-7973, Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems—Representation (MAY 2020) (DEVIATION 2020-O0015)

For your convenience all referenced certifications are attached to this solicitation. (Attachment 2)

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, applies to this acquisition.  The following additional FAR clauses cited in the clause are applicable to this acquisition:

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

52.219-6, Notice of Total Small Business Aside (DEVIATION 2020-O0008)

52.219-28, Post Award Small Business Program Re-representation

52.222-3, Convict Labor

52.222-19, Child Labor—Cooperation with Authorities and Remedies

52.222-21, Prohibition of Segregated Facilities

52.222-26, Equal Opportunity

52.222-36, Equal Opportunity for Workers With Disabilities

52.222-50, Combating Trafficking in Persons

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

52.225-13, Restrictions on Certain Foreign Purchases

52.232-33, Payment By Electronic Funds Transfer—System For Award Management

The following additional FAR and FAR Supplement provisions and clauses also apply:

52.204-16, Commercial and Government Entity Code Reporting

52.204-18, Commercial and Government Entity Code Maintenance

52.204-21, Basic Safeguarding of Covered Contractor Information Systems

52.204-22, Alternative Line Item Proposal

52.232-40, Providing Accelerated Payments to Small Business Subcontractors

52.247-34, FOB Destination

252.203-7000, Requirements Relating to Compensation of Former DoD Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

252.203-7005, Representation Relating to Compensation of Former DoD Officials

252.204-7003 Control of Government Personnel Work Product

252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support
252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

252.211-7003, Item Identification and Valuation

N/A for software

252.213-7000, Notice to Prospective Suppliers on the Use of Past Performance Information Retrieval System—Statistical Reporting in Past Performance Evaluations

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

252.223-7008, Prohibition of Hexavalent Chromium

252.225-7001 Buy American and Balance of Payments Program

252.225-7048 Export-Controlled Items

252.225-7974, Representation Regarding Business Operations with the Maduro Regime. (Deviation 2020-O0005)

252.227-7015, Technical Data-Commercial Items

252.227-7037, Validation on Restrictive Markings on Technical Data

252.232-7003, Electronic Submission of Payment Requests and Receiving Reports

252.232-7006, Wide Area Workflow Payment Instructions

252.232-7010, Levies on Contract Payments

252.232-7017, Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration

252.243-7001 Pricing of Contract Modifications

252.244-7000, Subcontracts for Commercial Items

252.247-7023, Transportation of Supplies by Sea – Basic

5352.201-9101, Ombudsman is hereby incorporated into this solicitation.  The Ombudsman for this acquisition is Mr. Steven Ewers, 1864 4th Street, Wright-Patterson AFB OH 45433-7130, COMM:  (937) 255-5235; EMAIL: [email protected]

Note that the clause at 252.232-7003 is included in this solicitation.  DoD requires all payment requests (with a few exceptions) to be submitted and processed electronically.  All vendors/contractors must familiarize themselves with this clause and DFAR 232.7003 for specific procedures.  The DoD preferred electronic form for transmission is Wide Area Workflow – Receipt and Acceptance (see website – https://wawf.eb.mil).  Wide Area Workflow Training may be accessed online at http://www.wawftraining.com.  Please confirm in your quote that your company is able to submit electronic invoices as set forth in the clause.

Note that the clause at 252.211-7003 is included in this solicitation.  Agency specific

The Defense Priorities and Allocations System (DPAS) rating DO-A7 has been assigned to this effort.

All responsible organizations may submit a quote, which shall be considered.