Combine Solicitation – Nintex Workflow & Forms

Notice Type: Combine Solicitation

Posted Date: 26-SEP-14

Office Address: Department of the Air Force; Air Education and Training Command; Fort Sam Houston, 502d Contracting Squadron; 2273 Reynolds Rd JBSA Ft Sam Houston TX 78234-7584

Subject: Nintex Workflow & Forms

Classification Code: 70 - General purpose information technology equipment

Solicitation Number: F2MTME4177A003

Contact: Lisa w. Paschall, Phone 2102954469, Email [email protected] - GARY BECK, Lead Contract Specialist, Phone 2108086146, Email [email protected]

Setaside: Total Small BusinessTotal Small Business

Place of Performance (address): San Antonio, TX

Place of Performance (zipcode): 78234

Place of Performance Country: US

Description: Department of the Air Force

Air Education and Training Command

Fort Sam Houston, 502d Contracting Squadron

502d Contracting Squadron Combined Synopsis/Solicitation F2MTME4177A003, Nintex Workflow & Forms JBSA-Fort Sam Houston, Texas 78234 This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format in FAR Subpart 12.6, as applicable, and as supplemented with additional information included in this notice. This solicitation is issued as Request for Quote (RFQ). This is 100% Small Business Set-Aside IAW FAR Part 13.003(b)(1)-Policy. The North American Industrial Classification Systems (NAICS) of 511210 (Software Publishers</org>), with a size standard of $38,500,000.00 is applicable to this solicitation.

This announcement constitutes the only solicitation; a written solicitation will not be issued. This document incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC), Number 2005-76, effective 25 August 2014. Quotes are being requested as "Brand Name Only Item" and will be conducted as a commercial simplified acquisition in accordance with FAR Part 13.1, Procedures. This solicitation, for commercial items, is issued in accordance with the additional information included in this notice.

Include the unit price and the extended price for all CLINs

CLIN Description Qty Unit of Issue Unit Price Extended Price 0001 Nintex Forms 2010 Annual Software Assurance Renewal 02 Ea 0002 Nintex Forms 2010 Premium Support Renewal 02 Ea 0003 Nintex Workflow 2010 Enterprise Edition Annual Premium Support Renewal 02 Ea 0004 Nintex Workflow 2010 Enterprise Edition Annual Software Assurance Renewal 02 Ea Total

ALL INTERESTED PARTIES MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) DATABASE if you are not registered, you may request an application at (866) 606-8220 or through the SAM website at http://www.sam.gov. Please provide the following information:

* DUNS number: * Cage Code: * Federal Tax ID: * Email Address: * Phone Number: * Fax Number: * Name of person quoting (signature if faxing): Period Of Performance: 1 Year FOB: Destination Inspection and Acceptance: Destination

Primary Point of contact: Lisa Paschall Contract Specialist Telephone: (210) 295-4436, FAX: (210) 808-6152 Email Address: [email protected]

Alternate Point of contact: Gary Beck Contracting Officer Telephone: (210) 808-6146, FAX (210) 808-6152 Email Address: gary.d.beck4.civ @mail.mil

The following provisions and clauses are applicable to this RFQ: FAR 52.212-1, Instructions to the Offerors-Commercial Items. Basis for award - Lowest Priced Technically Acceptable (LPTA). Firm Fixed Price contract award will be made to the responsive contractor whose quotation represents the Best Value to the Government that reflects a complete understanding of the requirement. To be eligible for award, a quotation must conform to all required terms and conditions and provide all required information.

ADDENDUM TO FAR 52.212-1, Instructions to Offerors - Commercial Items

1. Solicitation: This Requirement is solicited and awarded as a commercial item under procedures of FAR Part 12, "Acquisition of Commercial Items," and under FAR Part 13. "Simplified Acquisition Procedures."

2. Solicitation Questions: No Questions for this contract due to time constraints.

3. The Government Basis of Award. The Government will employ a lowest price technically acceptable method for this requirement. A single award shall be made to a capable, responsive offeror who meets all solicitation requirements. The Government shall make a determination of technical acceptability.

4. Quote Requirements: Quotes must include unit and extended prices for all line items, estimated delivery, all required Offeror Representations and Certifications (See FAR 52.212-3 above), Offeror Cage Code and Discount Terms, if applicable. All quotes are due no later than 08:00 AM Central Standard Time, Monday, 29 September 2014. Quotes may be e-mailed to [email protected]. (End of Addendum to 52.212-1)

The following provisions and clauses are applicable to this RFQ and can be viewed through Internet access at the Federal Acquisition Regulation (FAR) site, http://farsite.hill.af.mil.

FAR 52.202-1, Definitions FAR 52.203-5, Covenant against Contingent Fees FAR 52.203-6 , Restrictions on Subcontractor Sales to the Government FAR 52.203-7, Anti-Kickback Procedures. FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. FAR 52.204-7, System for Award Management. FAR 52.204-10, Reporting Executive Compensation and First Tier Subcontract Awards FAR 52.204-13, System for Award Management Maintenance. FAR 52.211-17, Delivery of Excess Quantities FAR 52.212-4, Contract Terms and Conditions - Commercial Items FAR 52.219-6, Notice of Total Small Business Set Aside FAR 52.219-28, Post Award Small Business Program Representation FAR 52.222-3, Convict Labor FAR 52.222-21, Prohibition of Segregated Facilities FAR 52.222-41, Service Contract Act of 1965 FAR 52.222-50, Combating Traffing in Persons FAR 52.223-6, Drug-Free Workplace FAR 52.225-13, Restrictions on Certain Foreign Purchases FAR 52.228-5, Insurance Work on Government Installation FAR 52.232-1, Payments FAR 52.232-8, Discounts For Prompt Payment FAR 52.232-33, Payment by Electronic Funds Transfer FAR 52.232-36, Payment by Third Party. FAR 52.233-1, Disputes FAR 52.233-3, Protest after Award FAR 52.233-4, Applicable Law for Breach of Contract Claim FAR 52.247-34, FOB Destination DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7001, Prohibition on Persons Convicted of Fraud or Other Defense Contract-Related Felonies DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights DFARS 252.223-7006, Prohibition On Storage And Disposal Of Toxic And Hazardous Materials (Apr 2012) DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7010, Levies on Contract Payments DFARS 252.225-7001, Buy American Act and Balance of Payments Program

FAR 52.212-3 Alt l, Offeror Representations and Certifications - Commercial Items; the offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://sam.gov. If the offeror has not completed the annual representations and certifications electronically at the SAM website, the offeror shall complete paragraphs (c) through (m) of this provision.

FAR 52.212-4, Contract Terms and Conditions - Commercial Items (May 2014)

ADDENDUM TO FAR 52.212-4 (May 2014), IAW FAR 52.212-4(c), Contract Terms and Conditions--Commercial Items. Reference FAR 52.212-4, Paragraph (c) is hereby tailored as follows: (c) Changes - Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes such as paying office, appropriation data, etc., which may be changed unilaterally by the Government.

FAR 52.212-4, Paragraph (n) is hereby tailored as follows: (n) Title. Unless specified elsewhere in this contract, title to items furnished by the contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. Title for commercially-available-off-the-shelf software is exempt from this paragraph. The terms and conditions of the software licensing agreement shall prevail in lieu thereof.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items, (Deviation 2013-O0019) (Jan 2014).

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222- 17.

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 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.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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. (End of Clause)

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998).

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es): http://farsite.hill.af.mil

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): http://farsite.hill.af.mil

52.252-5 Authorized Deviations in Provisions (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Department of Defense Federal Acquisition Regulation (DFARS) (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision)

52.252-6 -- Authorized Deviations in Clauses (APR 1984)

a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the Clause.

(b) The use in this solicitation of any Department of Defense Federal Acquisition Regulation (DFARS) (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Clause)

ADDITIONAL INFORMATION ON INDEMNIFICATION REQUESTS UNDER CONTRACTS FOR A QUALIFIED ANTI-TERRORISM TECHNOLOGY (NOV 2004)

a. General Information. (1) This contract provides for the delivery of a product, service, technology, or other matter that has been or could be designated by the Department of Homeland Security (DHS) as a Qualified Anti-Terrorism Technology (QATT) under the Support Anti-Terrorism by Fostering Effective Technologies (SAFETY) Act, 6 U.S.C. 441-444. The SAFETY Act defines a QATT as "any product, equipment, service (including support services), device, or technology (including information technology) designed, developed, modified, or procured for the specific purpose of preventing, detecting, identifying, or deterring acts of terrorism or limiting the harm such acts might otherwise cause." The statute provides sellers of QATTs with significant legal protections against third-party products liability lawsuits.

(2) The SAFETY Act is administered by DHS. The DHS regulations implementing this statute are found at 68 Federal Register 59684 (October 16, 2003) and 6 CFR 25.1-25.9. Additional information about the SAFETY Act is found on the DHS internet site at: https://www.safetyact.gov. Offerors are encouraged to contact the DHS for additional information about this program, and, in appropriate cases, to submit an application to the DHS requesting that their product, service, or technology be designated as a QATT.

(3) Eligibility for a SAFETY Act designation does not preclude the granting of indemnification under Public Law 85-804. The SAFETY Act's liability protections, however, were designed to substantially reduce the need for the United States to provide indemnification to the sellers of anti-terrorism technologies.

(4) Executive Order (E.O.) 10789, governing the indemnification process, has been amended to require all Federal agencies, including the Department of the Army, to follow certain procedures to ensure that the potential applicability of the SAFETY Act is considered before any indemnification is granted for an anti-terrorism technology. Section 25(a) of E.O. 10789 provides that indemnification may not be approved with respect to any matter that has been or could be designated by the Secretary of Homeland Security as a QATT, unless, after consideration of the authority provided by the SAFETY Act, there has been a determination that indemnification is necessary for the timely and effective conduct of Unites States military or intelligence activities.

b. Contents of Indemnification Requests. In addition to providing the information required by Federal Acquisition Regulation 50.403-1, contractors are encouraged to fully explain why indemnification is necessary for the timely and effective conduct of United States military or intelligence activities, in view of the protections available under the SAFETY Act. (End of Clause)

5352.223-9001 Health And Safety On Government Installations (Nov 2012)

(a) In performing work under this contract on a Government installation, the contractor shall: (1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and (2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health Standards (AFOSH) and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

5352.242-9000 Contractor Access To Air Force Installations (Nov 2012)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

AFFARS 5352.201-9101 Ombudsman (April 2014)

a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, concerned parties may contact Mr. David E. Jones, HQ AETC/A7K 2035 First Street West Ste 1, Randolph AFB, TX 78150-4304, (210) 652-7907, fax (210) 652-8344, [email protected]. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU or ARISRA level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

WAWF Electronic Invoicing Instructions

All payments are to be paid via the Internet through the Wide Area Work Flow (WAWF) system. WAWF may be accessed at https://wawf.eb.mil. WAWF training may be accessed online at http://www.wawftraining.com. Payment information may be accessed using the DFAS website at https://www.dfas.mil. Your purchase order/contract number of invoice will be required to inquire on the status of your payment. (End of Clause)

Link/URL: https://www.fbo.gov/notices/8dbb2748290b82e530fbcc2bbb0d07aa