This is a simplified request for quote for commercial items prepared in accordance with the format in Federal Acquisition Regulation, Part 5.201(6). This request is for firm fixed price for IBM Sterling Connect: Direct Premium Edition Processor Value Unit (PVU) License + SW Subscription & Support. The software is required to connect to the US Treasury's Transaction Reporting System (TRS) system for Point of Sale System. This solicitation will have a small business set aside per FAR 8.405-5. All potential bidders are reminded to be registered with Required Central Contractor Registration (CCR), and Representations and Certifications Application (ORCA). If vendors are not registered in these databases at time of quote submission, any quote received will be considered ineligible for award; also late submission will not be accepted. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-54. All vendors must sign and submit with quotes the attached Provision-Clause to be considered for award. TECHNICAL REQUIREMENTS The contractor will provide the government with the following subscription maintenance support package: 140 IBM Sterling Connect: Direct Premium Edition Processor Value Unit (PVU) License + SW Subscription & Support Vendor Shall provide IBM Sterling Connect: Direct software patches and upgrades to software as they become available. Vendor shall provide one year of maintenance renewal with options to extend. Vendor must be an authorized reseller of IBM products and services. All vendors must sign and submit with quotes the attached Provision-Clause to be considered for award. Period of Performance a. The base period of Performance will be from July 1, 2012 through June 30, 2013. b. Option Year 1: July 1, 2013 through June 30, 2014 c. Option Year 2: July 1, 2014 through June 30, 2015 The contract period shall extend for one calendar year from the date stated as the base period of performance. However, at the option of the Government, the contract may be renewed for additional one year periods based on need, annual funding, and will not exceed be on two option periods, proved the Contracting Officer serves notice of renewal at least 60 days prior to contract expiration. Security By accepting this contract/agreement, the Contractor/Cooperator and other external organizations (hereafter called Contractor) providing Information Technology (IT) services to the US Forest Service (FS) agrees to comply with the applicable IT security policy as outlined in this document. The Contractor and other external organizations will be responsible for IT security for all systems connected to the FS network or operated by the Contractor and other external organizations for the FS, regardless of location. This clause is applicable to all or any part of the contract that includes IT resources or services in which the Contractor and other external organizations must have physical or electronic access to FS sensitive information that directly support the mission of the FS. The term 'information technology', as used in this clause, means any equipment or interconnected system or subsystem of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. This includes both major applications and general support systems as defined by OMB Circular A-130. The Contractor shall be responsible for properly protecting all information used, gathered, or developed as a result of work under this task. The Contractor shall also protect all unclassified Government data, equipment, etc., by treating information as sensitive business, confidential information, controlling and limiting access to the information, and ensuring the data and equipment are secured within their facility. The Contractor or other external organization will not publish or disclose in any manner, without the FS Contracting Officer's written consent, the details of any programs, documentation, data, or safeguards either designed or developed by the Contractor or other external organization under this Contract or otherwise provided by the Government. Contractor may be required to sign non-disclosure or other appropriate security agreements. A written agreement between the FS and any contractors and other external organizations will be entered into before FS data and information otherwise exempt from public disclosure may be disclosed to the contractors and other external organizations. The contractor and other external organizations will agree to establish and follow security precautions considered by the FS to be necessary to ensure proper handling of data and information. As may be identified elsewhere in this contract, the Contractor agrees that: The draft and final deliverables and all associated working papers and other materials deemed relevant by the COR that have been generated by the Contractor in the performance of this contract are the property of the U.S. Government and must be submitted to the COR at the conclusion of the tasks. All documents produced for this project are the property of the U.S. Government and cannot be reproduced or retained by the Contractor. To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor will afford the Government access to the Contractor's or other external organization's facilities, installations, technical capabilities, operations, documentation, records, and databases. The Contractor will cooperate with Federal agencies and their officially credentialed representatives during official inspections or investigations concerning the protection of FS information. Cooperation may include providing relevant documentation showing proof of compliance with federal and agency requirements, and rendering other assistance as deemed necessary. If new or unanticipated threats or hazards are discovered by either the Government or the Contractor or other external organization, or if existing safeguards have ceased to function, the discoverer will immediately bring the situation to the attention of the other party. The Contractor will report real or suspected incidents or violations to the FS Computer Incident Response Team (CIRT), by e-mail, at [email protected]. The Contractor shall insert these clauses in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. Failure to comply with said requirements will constitute cause for termination. The Contractor Agrees To - (a) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies- (i) The systems of records; and (ii) The design, development, or operation work that the contractor is to perform; (b) Include the Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and (c) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency. Definitions of the clause: (a) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records. (b) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph. (c) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. The contractors and other external organizations will ensure that the following banner is displayed on all FS systems that contain Privacy Act information operated by the contractors and other external organizations prior to allowing anyone access to the system: "This system contains information protected under the provisions of the privacy act of 1974 (public law 93-579). Any privacy information displayed on the screen or printed must be protected from unauthorized disclosure. Employees who violate privacy safeguards may be subject to disciplinary actions, a fine of up to $5,000, or both." Section 508 Program Need Requirements for accessibility based on Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) are determined to be relevant for the following program need: "Software Maintenance Service. Section 508 Deliverable Requirements The activity to be performed relates to or requires the use of EIT. Section 508 must be considered as a requirement for Software Maintenance Service to assure that it considers specific Section 508 accessibility requirements. Technical standards from 36 CFR part 1194 Subpart B have been determined to apply to this acquisition. Solicitation respondents must describe how their background and experience will enable them to at least meet those technical provisions identified as applicable in the attached Government Product/Service Accessibility Template (GPAT). Functional performance criteria from 36 CFR part 1194 Subpart C have been determined to apply to this acquisition. Solicitation respondents must describe how their background and experience will enable them to at least meet those functional performance criteria identified as applicable in the attached Government Product/Service Accessibility Template (GPAT). Information, documentation, and support requirements from 36 CFR part 1194 Subpart D have been determined to apply to this acquisition. Solicitation respondents must describe how the information, documentation, and support proposed for Software Maintenance Service outputs/deliverables will meet at least those information, documentation, and support requirements identified as applicable in the attached Government Product/Service Accessibility Template (GPAT). Section 508 Evaluation Factors Responses to this solicitation will only be considered for award after it has been determined that the proposal adequately addresses the requirements for Section 508. Only proposals which contain adequate information to document their responsiveness to the Section 508 requirements (e.g. accessibility capabilities and past performance) will be eligible for any additional merit consideration. Section 508 Acceptance Criteria Software Maintenance Service outputs/deliverables resulting form this solicitation will be accepted based in part on satisfaction of identified Section 508 requirements for accessibility. Software Maintenance Services outputs/deliverables must include a completed GPAT, a sample of which is included as a part of this solicitation. Software Maintenance Service outputs/deliverables should meet applicable accessibility requirements and should not adversely affect accessibility features of existing EIT technologies. ADMINISTRATIVE CONSIDERATIONS a. Contract Administration The Contracting Officer is the only person authorized to approve changes. This authority remains solely with the Contracting Officer. In the event that the Contractor affects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase incurred as a result thereof. b. Invoices The Period of Performance (POP) for each invoice shall be one calendar month. The Contractor shall submit only one original invoice per month. Invoicing must follow the procedures of the Forest Service. The invoices must detail charges as either Development or Operations & Maintenance. The Program Manager must sign off on the invoice before it can be submitted for payment. The original invoice shall be submitted as follows: The original invoice to the Program Manager for Acceptance. Once the Program Manager reviews and concurs with the Invoice as submitted, they will provide an Acceptance signature and forward the invoice to the Government Receipter for their organization. Once the Government's Receipter processes the receipt in the system, the Receipter shall forward the Accepted Invoice and a Screen Print of the Receipt by email to the Invoice Processing Office so that processing for payment can occur. All invoices will be submitted via Email to: [email protected]. In the subject line please add the following information: Contract/ Order No., Vendor Name, Invoice No. and Contracting Officers Name. INSPECTION AND ACCEPTANCE FAR 52.246-4 Inspection of Services - Fixed-Price. AGAR 452.246-70 Inspection and Acceptance. INSPECTION AND ACCEPTANCE (FEB 1988) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contact. FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES 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. Additional FAR clauses cited in the clause that are applicable to the acquisition are: 52.203-6, 52.219-27, 52.222-3, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-39, 52.223-15, 52.225-5, 52.225-13, 52.232-33, 52.239-1, 52.223-15 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) 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/these address(es): www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html 52.217-8 Option to Extend Services. (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days. (End of clause) 52.217-9 Option to Extend the Term of the Contract. (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years and 6 months. (End of clause) AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES 452.224-70 Confidentiality of Information (FEB 1988) 452.237-75 Restrictions Against Disclosure (FEB 1988) INSTRUCTIONS TO OFFERORS: AGAR 452.204-70 Inquiries (FEB 1988. Inquiries and all correspondence concerning this request for quote should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the request for quote about any aspect of this requirement prior to contract award. (End of provision) 1. General Instructions Any questions about the solicitation must be submitted electronically to [email protected] prior to award. 1.2 Offers must be submitted electronically to [email protected] by the offer due date identified on the solication. The offer must identify the contractor's point of contact(s) with email addresses, mailing address, and phone number. Vendors must identify DUNS number, Cage Code, and Tax ID number in the offer. 1.3 Offeror shall submit verification of being an authorized IBM Sterling Connect:Direct reseller. Offeror's who do not provide this verification may be prohibited from receiving the resultant award. 1.4 Offeror should present technical product and price in the format that clearly states base period and price of option years. 1.5 Offeror will submit a sign copy of the AGAR 452.209-70 and 71 Provision-Clause that was provided to be considered for award. 1.6 Offeror must also insure a completed GPAT is provide to insure products are 508 Complaint. 2. Evaluation and Award of Offers 2.1 Offers will be evaluated as Lowest Price Technically Acceptable responsible offer. Technical acceptability is based on providing the items listed in the Technical Requirements above. Offeror shall be an authorized IBM Sterling Connect: Direct reseller. 2.2 Pricing proposals shall be evaluated utilizing the Schedule of Items with offeror pricing in the Technical Requirements. Price will be evaluated for the Base. Price each year individually. 2.3 Award of the contract will be based on a fixed price lump sum of the Base Period.