This is a request for quotation for commercial items to be acquired under FAR Part 13 Simplified Acquisition Procedures. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This procurement is being issued unrestricted under NAICS 423430, Size Standards in Number of Employees 100.

 

The contractor shall provide the following items on a firm fixed price basis. This requirement is on a "Brand Name" basis. Award will be made based on the lowest priced technically acceptable quote for the specific commercial items required.  

 

Forensic Toolkit is made by Accessdata

QTY 22; FTK 2 WIBU Dongle Upgrade; Item# 9000017

QTY 4; FTK 2 Standalone SMS (Software Maintenance and Support); Item# 900025

 

Responses must be submitted via email to the Point of Contact listed below. Quoters must identify the Reference number, 08EOIG006042, in the Subject Line of the email. Quoters are advised to submit electronic documents early and confirm successful transmission/receipt.

DO NOT contact the receiving individual. Contact Billy Wong if you have any questions at 301-443-7078 or via email at Billy.wong@psc.hhs.gov. All quotations must be received by 1:00pm Eastern Standard Time on Monday, April 28, 2008.

 

 

 

929    INVOICE INFORMATION/CLAUSES INCORPORATED BY REFERENCE

 

1.  INVOICE INFORMATION

 

IN ADDITION TO THE INFORMATION REQUIRED BY 52.232-25 (PROMPT PAYMENT), YOUR INVOICE MUST CONTAIN THE FOLLOWING: TAX IDENTIFICATION NUMBER (EMPLOYER'S IDENTIFICATION NUMBER) OR SOCIAL SECURITY NUMBER.

 

2.  CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2)(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 ADDRESS:  HTTP://WWW.ACQNET.GOV/FAR

 

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

 

FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (JUL 2006)

 

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (FEB 2007)

 

FAR 52.232-33  PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

 

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEC 2007)

 

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

 

  (1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

 

  (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78)

 

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

 

[ ](1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

 

[ ](2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

 

[ ](3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

 

[ ](4) [Reserved]

 

[ ](5) (i)  52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

 

[ ] (ii) Alternate I (Oct 1995) of 52.219-6.

 

[ ] (iii) Alternate II (Mar 2004) of 52.219-6.

 

[ ](6) (i)  52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

 

[ ] (ii) Alternate I (Oct 1995) of 52.219-7.

 

[ ] (iii) Alternate II (Mar 2004) of 52.219-7.

 

[ ](7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

 

[ ](8)(i)  52.219-9, Small Business Subcontracting Plan (NOV 2007) (15 U.S.C. 637(d)(4).

 

[ ] (ii) Alternate I (Oct 2001) of 52.219-9.

 

[ ] (iii) Alternate II (Oct 2001) of 52.219-9.

 

[ ](9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

 

[ ](10) 52.219-16, Liquidated Damages - Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

 

[ ](11) (i)  52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEPT 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

 

[ ] (ii) Alternate I (June 2003) of 52.219-23.

 

[ ](12) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

 

[ ](13) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

 

[ ](14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657f).

 

[ ] (15) 52.219-28, Post Award Small Business Program Presentation (JUN 2007) (15 U.S.C 632 (a) (2)).

 

[X](16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

 

[X](17) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Aug 2007) (E.O. 13126).

 

[X ](18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

 

[X](19) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

 

[ ](20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212).

 

[ ](21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

 

[ ](22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212).

 

[ ](23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

 

[X] (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

 

[ ] (ii) Alternate I (Aug 2007) of 52.222-50.

 

 

[ ](25) (i)  52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

 

[ ] (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

 

[ ](26) 52.223-15, Energey Efficiency in Energy- Consuming Products (Dec 2007) (42 U.S.C 8259b).

 

[ ](27) 52.225-1, Buy American Act-Supplies (June 2003) (41 U.S.C. 10a-10d).

 

[ ](28) (i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (AUG 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-169.

 

[ ] (ii) Alternate I (Jan 2004) of 52.225-3.

 

[ ] (iii) Alternate II (Jan 2004) of 52.225-3.

 

[ ](29) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

 

[ ](30) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

 

[X](31) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

 

[ ](32) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

 

[ ](33) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

 

[ ](34) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

 

[ ](35) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

 

[X](36) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

 

[X](37) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

 

[ ](38) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

 

[ ](39)    (i)  52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

 

[ ] (ii) Alternate I (Apr 2003) of 52.247-64.

 

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

 

[ ](1) 52.222-41, Service Contract Act of 1965, as Amended (NOV 2007) (41 U.S.C. 351, et seq.).

 

[ ](2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

 

[ ](3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

 

[ ](4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

 

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

 

[ ] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

 

[ ] (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (31 U.S.C. 5112(p)(1)).

 

(d)  Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

 

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

 

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

 

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

 

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

 

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

 

(ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

 

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

 

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

 

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

 

(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

 

(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

 

(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

 

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

 

(x) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

 

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.