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Maintenance Agreement for Nutanix NX-1065-G5 with associated hardware and software

Maryland, United States
Government : Federal
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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.

The solicitation number is HHS-NIH-NIDA-CSS-19-008074 and the solicitation is issued as a request for quotation (RFQ).

This acquisition is for a commercial item or service and is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13-Simplified Acquisition Procedures; FAR Subpart 13.5-Simplified Procedures for Certain Commercial Items; and FAR Part 12-Acquisition of Commercial Items, and is not expected to exceed the simplified acquisition threshold.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-01 dated January 22, 2019.

The associated NAICS code 541511, Custom Computer Programming Services, and the small business size standard $2.75 million.

This requirement is set aside for small businesses.

Purpose and Objectives: The purpose of this acquisition is for Production System Support for the Nutanix NX-1065-G5 which is the primary storage device for NINDS, IRMB.

Contract Type: A firm-fixed price type contract is contemplated for this requirement.

Background: The Nutanix NX-1065-G5 with associated hardware and software located in Atrium Building, room 337 is a critical component in carrying out the NINDS mission. This device and associated software provide the storage location and virtual server hosting for most NINDS, OD and DER systems.

Project Requirements: NINDS requires an annual Nutanix certified Production support subscription resold by a certified Nutanix partner. This support shall include 24x7x365 Technical Support, NBD Hardware Replacement, and Nutanix U.S. Federal Support that includes 24x7 direct access to full-stack support on U.S. soil through an exclusive 1-800 number for the Nutanix NX-1065-G5 system with associated hardware and software located at 6101 Executive Blvd. Room 337, Rockville, MD 20852.


Only Nutanix direct support resold by the contractor is acceptable. Proof that it is Nutanix direct support is required. 

Period of Performance is on or about:

Base year (7/27/2019 - 7/26/2020)
Option year 1 (7/27/2020 - 7/26/2021)
Option year 2 (7/27/2021 - 7/26/2022)
Option year 3 (7/27/2022 - 7/26/2023)

Brand-name Justification: The Nutanix NX-1065-G5 with associated hardware and software located in Atrium Building, room 337 is a critical component in carrying out the NINDS mission. This device and associated software provide the storage location and virtual server hosting for most NINDS, OD and DER systems. The purpose of this acquisition is to acquire a maintenance agreement for the existing Nutanix NX. Only Nutanix direct support resold by an authorized contractor is permissible.

The provision at FAR clause 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition.

The provision at FAR clause 52.212-2, Evaluation - Commercial Items, applies to this acquisition.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be the lowest price technically acceptable. Technical acceptability is defined as meeting all the project requirements in the Statement of Work and solicitation.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

The Offerors to include a completed copy of the provision at FAR clause 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer.

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

FAR clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. See attached.

The following additional contract requirement(s) or terms and conditions as determined by the contracting officer are necessary for this acquisition and consistent with customary commercial practices.

A. Please be advised that the National Institute on Neurological Disorders and Stroke (NINDS) is an Institute within the National Institutes of Health (NIH), which is a Federal agency. Your mass-market commercial and/or license agreement may include provisions that are customarily found in the commercial sector but which are not appropriate for a contract with a Federal agency. Specifically, NINDS considers any provision in your mass-market commercial and/or license agreement to be inappropriate and unenforceable that:

(1) Contravenes a right granted NINDS under U.S. copyright law (e.g., fair use, right to archive, copying for interlibrary loan),
(2) Violated the Federal Acquisition Regulation or other Federal law (e.g., Antideficiency Act, Principles of Federal Appropriations Law),
(3) Departs from reasonable consumer expectations and was not disclosed by the Licensor prior to agreement, or
(4) Violates fundamental public policy.
NINDS shall assume that you are in agreement with the statements herein if you submit a quotation.

FAR 52.217-9, Option to Extend the Term of the Contract is applicable as follows:


(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 1 day before extension. 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 four years.

Offerors are reminded that Options may be exercised at the unilateral discretion of the Government. Althugh contractors may decrease their option pricing at the time the option is exercised, they may not increase the option pricing.

The Defense Priorities and Allocations System (DPAS) are not applicable to this requirement.

Responses to this solicitation must include sufficient information to establish the interested parties' bona-fide capabilities of providing the product or service. The price quote shall include: unit price, list price, shipping and handling costs, delivery days after contract award, delivery terms, prompt payment discount terms, F.O.B. Point (Destination or Origin), product or catalog number(s); product description; and any other information or factors that may be considered in the award decision. Such factors may include: past performance; special features required for effective program performance; trade-in considerations; probable life of the item selected as compared with that of a comparable item; warranty considerations; maintenance availability; and environmental and energy efficiency considerations.

In addition the Dun & Bradstreet Number (DUNS), the Taxpayer Identification Number (TIN), and the certification of business size must be included in the response. All offerors must have an active registration in the System for Award Management (SAM)"

All responses must be received by 2 P.M. Tuesday, July 23, 2019 and reference number HHS-NIH-NIDA-CSS-19-008074. Responses may be submitted electronically to Danny Cohn at

Fax responses will not be accepted.

Danny Cohn, Contract Specialist, Phone 3014027111, Email

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