1 RFQ 47QTCA24Q0003 - SCRIPTS RFQ DRAFT.pdf

DRAFT REQUEST FOR QUOTE (RFQ)

47QTCA-24-Q-0003

Supply Chain Risk Illumination Professional Tools and Services (SCRIPTS)

Blanket Purchase Agreement (BPA) in support of:

Office of the Under Secretary of Defense for Acquisition & Sustainment (OUSD(A&S))

Issued to:

GSA Multiple Award Schedule Contract Holders

Under Special Item Numbers (SINs) 518210C, 54151ECOM, 54151S, 541614SVC, 541990RISK, and 541611

The Quoter’s Basic GSA Schedule contract is applicable to the Blanket Purchase Agreement that is awarded under this RFQ

Conducted under Federal Acquisition Regulation (FAR) 8.4.

Issued by:

GSA Office of Information Technology Category (ITC)

Contract Division 3 (Atlanta) Office of Acquisition Operations 77 Forsyth Street SW

Atlanta, GA 30308

DRAFT RFQ Issuance Date: October 27, 2023 QUESTIONS DUE: November 14, 2023 at 1:00 PM EST

DRAFT RFQ Closing Date: December 8, 2023 INDUSTRY DAY: December 12th, 2023 at 10:00 AM EST

DRAFT

Table of Contents

1.0 INSTRUCTIONS TO QUOTERS 1

Table 1: RFQ Submission Phase 3

2.1 BACKGROUND 5

2.2 AGENCY MISSION 5

2.3 PERFORMANCE WORK STATEMENT (PWS) 6

4.1 PLACE OF INSPECTION AND ACCEPTANCE 8

4.2 SCOPE OF INSPECTION 8

4.3 BASIS OF ACCEPTANCE 8

4.4 DELIVERABLES 9

4.5 NON-CONFORMING PRODUCTS OR SERVICES 9

5.1 PERIOD OF PERFORMANCE 10

6.1 GENERAL 11

6.2 RESERVED 11

6.3 ROLES AND RESPONSIBILITIES 11

6.4 INVOICE SUBMISSION 12

6.5 QUOTER BPA ROLES AND RESPONSIBILITIES 12

6.6 MEETINGS AND CONFERENCES 15

6.7 ON-RAMPING, OFF-RAMPING, AND CANCELLATION PROCEDURES 15

6.8 REPORTING 17

7.1 KEY PERSONNEL 19

7.2 GOVERNMENT-FURNISHED PROPERTY (GFP) 19

7.3 SECURITY REQUIREMENTS 19

7.4 RESERVED 19

7.5 ORGANIZATIONAL CONFLICT OF INTEREST AND NON-DISCLOSURE

REQUIREMENTS 19

7.6 PRESS/NEWS RELEASE 20

7.7 DATA RIGHTS 20

7.8 INTELLECTUAL PROPERTY RIGHTS 20

7.9 CONTRACTOR IDENTIFICATION 20

8.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 21

Table 2.1: FAR clauses incorporated by reference 21

8.2 GENERAL SERVICES ACQUISITION MANUAL (GSAM) CLAUSES

INCORPORATED BY REFERENCE 24

Table 2.2: GSAM clauses incorporated by reference 25

8.3 DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (DFARS)

CLAUSES INCORPORATED BY REFERENCE 26

Table 2.3: DFARS clauses incorporated by reference 26

9.1 LIST OF ATTACHMENTS 27

Request For Quote 47QTCA24Q0003

Table 3.1: RFQ Attachments 27 Table 3.2: RFQ Phase 1 Attachments 27 Table 3.3: RFQ Phase 2 Attachments 28

10.1 REPRESENTATION PROVISIONS PROVIDED IN FULL TEXT 29

11.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998) 36

Table 4: Solicitation provision incorporated by reference 36

11.2 GENERAL INSTRUCTIONS 37

11.3 GENERAL INFORMATION 38

11.4 QUOTES CONTENT (VOLUMES I - III) 38

Table 5: RFQ Evaluation Phase 38

11.5 SUBMISSION OF THE WRITTEN PRICE AND ADMINISTRATIVE AND

ADMINISTRATIVE QUOTE (PHASE I, VOLUME I) 40

11.6 SUBMISSION OF THE WRITTEN TECHNICAL QUOTE

(PHASE I, VOLUME II) 43

11.7 ORAL TECHNICAL PRESENTATION (PHASE II, VOLUME III) 46

11.8 ORAL TECHNICAL PRESENTATION TOPICS 48

11.9 DELIVERY INSTRUCTIONS 49

12.1 METHOD OF AWARD 50

12.2 EXPLANATION FOR BASIS OF AWARD 50

12.4 PRICE QUOTE EVALUATION 51

12.5 TECHNICAL EVALUATION 51

Table 6: Technical Acceptability 52 Table 6.1: Technical Evaluation 53 Table 6.2: Technical Evaluation - Past Performance Relevance 57 Table 6.3: Technical Evaluation - Past Performance Confidence Assessment 58

12.6 FACTOR 5: SLIDE PRESENTATION AND ORAL PRESENTATION (PHASE II) 60

Table 6.4: Technical Evaluation - Slide Presentation and Oral Presentation 61

Request For Quote 47QTCA24Q0003

SECTION 1 – SERVICES AND PRICES

1.0 INSTRUCTIONS TO QUOTERS

1.1 The General Services Administration (GSA) Information Technology Category (ITC) intends to establish Firm-Fixed-Price (FFP) multiple-award Blanket Purchase Agreements (BPAs) under Multiple Award Schedule (MAS) Special Item Numbers (SINs) 518210C, 54151ECOM, 54151S, 541614SVC, 541990RISK, and 541611 in response to this Request for Quotation (RFQ) in accordance with (IAW) Federal Acquisition Regulation (FAR) 8.405-3 and 8.405-5. This is not a FAR Part 15 acquisition. This acquisition is partially set aside for small businesses.

1.2 The acquisition will be conducted via GSA eBuy against vendors under the following GSA MAS SINs:

· SIN 518210C Cloud and Cloud-Related IT Professional Services

· SIN 54151ECOM Electronic Commerce and Subscription Services

· SIN 54151S Information Technology Professional Services

· SIN 541614SVC Supply and Value Chain Management

· SIN 541990RISK, Risk Assessment and Mitigation Services

· SIN 541611 Management and Financial Consulting, Acquisition and Grants Management Support, and Business Program and Project Management Services

1.3 A complete quote must be received for consideration. All quoted items must be on the Quoters GSA MAS contract by the date and time of the quote submission. The Government may consider quotes that fail to address or follow all instructions to be unacceptable and ineligible for award. A complete quote includes a response and submission defined in Section 11 - Instruction, Conditions, and Notices to Quoters.

1.4 NOTICE: Quoters MUST be the Original Equipment Manufacturer (OEM) or possess a valid Letter of Supply as an authorized reseller to be eligible for BPA award. As a part of quote submission, Quoters shall submit verification of being a OEM or authorized reseller of the proposed Supply Chain Risk Illumination Professional Tool(s) by the date and time of the quote submission.

1.5 Quoters are expected to examine this entire RFQ document and their own GSA MAS Contract(s). Failure to do so will be at the Quoter's own risk.

1.6 Quoters shall furnish the information required by this RFQ.

1.7 The Government may make awards based on initial quotes received, without confer sessions or communications. Accordingly, the Quoter’s initial quotation should contain the Quoter’s best terms from a non-price and price standpoint. The Government reserves the right to confer with Quoter(s) to clear up quote details if the Procuring Contracting Officer determines it to be necessary. The Government also reserves the right not to issue a BPA.

1.8 This RFQ does not commit the Government to pay any cost for the preparation and submission of a quotation in response to this RFQ. Ordering Agency Contracting Officers are the only individuals who can legally commit the Government to the expenditure of public funds in connection with this procurement via orders issued against the awarded BPA.

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1.9 Quoters submitting restrictive data should mark any data they do not want disclosed to the public for any purpose or used by the Government except for evaluation purposes. Specifically, Quoters shall –

1.9.1 Mark the title page with the following legend:

"This quotation includes data that shall not be disclosed outside the Government and shall not be duplicated, used or disclosed--in whole or in part--for any purpose other than to evaluate this quotation. If, however, a BPA is awarded to this Quoter as a result of--or in connection with--the submission of this data, and the Government incorporates the quotation as part of the award, the Government shall have the right to duplicate, use, or disclose the data. Also, this restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to the restriction is contained in sheets (insert numbers or other identification of sheets)"; and

1.9.2 Mark each sheet of data it wishes to restrict with the following legend:

"Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this quotation."

The Government assumes no liability for disclosure or use of unmarked data and may use or disclose the data for any purpose. Unless restricted, information submitted in response to this request may become subject to disclosure to the public pursuant to the provisions of the Freedom of Information Act (5 U.S.C. § 551).

1.10 Quotations shall set forth full, accurate, and complete information as required by this RFQ package (including attachments). The penalty for making false statements in quotes is prescribed in 18 U.S.C. § 1001.

1.11 Submission of Questions. Quoters are requested to submit their questions as soon as possible after posting of this RFQ.

1.11.1 The Quoter shall provide contact information (point of contact name, company name, phone number, and email address) when submitting questions. Questions can be sent via email to scrmtool@gsa.gov. Questions must be written in a way that enables clear understanding of the Quoter’s issues or concerns. Statements expressing opinions, sentiments, or conjecture are not considered valid inquiries and will not receive a response. Furthermore, Quoters are reminded that the Government will not address hypothetical questions aimed at receiving a potential “evaluation decision.”

1.11.2 In posing questions, Quoters must cite the relevant section/subsection number, paragraph, and page number of this RFQ. Questions shall be submitted using the Question & Answer template attachment (Section 9, Attachment B). Submissions of questions in any other format will not be considered.

Any information given to a prospective quoter concerning this solicitation will be furnished promptly to other prospective quoters as an amendment to the solicitation.

1.11.3 Due date for RFQ questions is November 14, 2023, at 1:00 PM EST . Questions

Request For Quote 47QTCA24Q0003 PAGE 2 submitted after the question due date (November 14, 2023 ) may not be addressed unless the Government determines that the answer to the question imparts information material to industry’s ability to respond to this RFQ.

1.12 Submission of Quotation Phased Procurement. The Government intends to conduct this procurement through a phased quote submission and phased evaluation. Quotes shall be submitted via GSA e-Buy. Failure of a quote to be received via GSA e-Buy by the closing date and time shall result in exclusion from award consideration. Quote submissions must comply with all instructions, requirements, and applicable documents set forth in the RFQ, including any RFQ attachments. If a Contractor Teaming Arrangement (CTA) applies, only one quote inclusive of all required documentation submissions set forth in the RFQ shall be submitted inclusive of all CTA team members Table 1: RFQ Submission Phase

NOTE: There is a 20 MB size limitation for each document uploaded to GSA eBuy.

1.12.1 All quotes must contain the necessary information to satisfy the criteria of evaluation in the identified format and shall be submitted via GSA eBuy at https://ebuy.gsa.gov . Failure to submit a quote via GSA eBuy will result in the quote not being evaluated . For assistance with eBuy, contact the vendor support desk at 877-495-4849 or email at vendor.support@gsa.gov .

If the Quoter encounters any technical difficulties with GSA eBuy during the quote submission process, please notify the GSA eBuy support desk and the GSA Contract Specialist below as soon as possible.

Theodore Williamson Contract Specialist 77 Forsyth St SW Atlanta, GA 30303 Email: scrmtool@gsa.gov

Quoters shall not contact the client or any other GSA or Government employee(s) regarding this procurement, other than the individual identified above, without the prior approval of the GSA Contracting Officer.

Please note, Quoters shall thoroughly examine all RFQ documents and instructions; failure to do so will be at the Quoters’ own risk. Failure to provide any required attachment may result in exclusion from consideration of award.

Quotes shall be valid for a minimum of 120 calendar days after the date of submission.

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Event Quote Section Date Phase I Volume I Price Quote & II Technical Quote TBD

Notification to schedule Oral Presentation TBD Phase II Volume III Slide Presentation & Oral Presentation TBD https://ebuy.gsa.gov/ mailto:vendor.support@gsa.gov

SECTION 2 – SPECIFICATIONS

2.1 BACKGROUND

The General Services Administration has a requirement to establish core, multi-component, supply chain risk illumination tools with the ability to identify self-attested, public, as well as, purchased data, in real time, along with a persistent monitoring capability. This requirement will foster a whole of government (WoG) approach to assess risk across the federal supply chain, domestic commercial Information Technology marketplace, and Defense Industrial Base (DIB), and to further mitigate vendor threats. This capability will become an open resource based on security classification of analyzed data for potential use within the spectrum of information security environments (e.g. Top Secret / Sensitive Compartmented Information (TS/SCI), Secret, and Controlled Unclassified Information (CUI) levels) within the Department of Defense (DoD) and other government agencies.

The current business operating environment presents several Supply Chain Risk Management (SCRM) challenges: (1) reliance on commercial services and technologies and multiple tiers of the global Defense Industrial Base that shift at an increasingly fast rate, and (2) vast availability of commercial items and services through simplified acquisitions and/or purchase cards that may not have been fully vetted for cyber and supply chain risk. Recent events affecting the global industrial base have increased the urgency of SCRM being implemented and executed in support of National Security Systems (under 10 USC Section 2339a) for DoD systems and networks, and in support of the Federal Acquisition Security Council (FASC) established under the SECURE Technology Act, and 41 USC Sections 1326 and 471 and Executive Orders 14017 and 14028.

The acquisition of deployable supply chain illumination capabilities for cyber hygiene, supply chain, foreign ownership, control, and influence, vendor vetting and affiliated entity, as well as personnel vetting will enable the government to be continuously and dynamically informed on industry supplier health. This SCRIPTS BPA will allow the DoD to holistically screen and vet vendors and underlying supplier networks/affiliated personnel to ensure suppliers are reputable, in good-standing, financially and operationally secure, and will not introduce unacceptable risk to the Government. The SCRIPTS BPA will provide a total solution approach to leverage commercial industry tools (also referred to as platforms when referring to a specific Original Equipment Manufacturer (OEM) supply chain illumination tool), global database resources, and technical analytic support services with prompt, cost-effective delivery, while capturing economies of scale, and fostering small business markets for sustainable technologies.

2.2 AGENCY MISSION

This BPA is established as a multiple award governmentwide program to support all U.S. federal, state, local, tribal, and territorial governments. The strategic stakeholder of SCRIPTS BPA is DoD’s Office of the Under Secretary of Defense for Acquisition & Sustainment (OUSD(A&S)) and GSA’s Office of Information Technology Category (ITC).

The mission of OUSD(A&S) is to enable the delivery and sustainment of secure, resilient, and preeminent capabilities to the warfighter and international partners quickly and cost effectively.

OUSD(A&S) is responsible for assessing and monitoring the industrial health and security of the DIB as well as those industrial sectors that are inextricably linked to the resiliency and effectiveness of the Defense Industrial Base (DIB) . Additionally, OUSD(A&S) Industrial Policy

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SECTION 2 – SPECIFICATIONS

(INDPOL) is heavily involved in the review of DoD’s Committee on Foreign Investment in the United States (CFIUS). INDPOL plays a vital role in reviewing potential problems related to foreign investment in U.S. companies. INDPOL reviews global market activity in the defense sector to determine if there are any potential impacts to the U.S. DIB.

2.3 PERFORMANCE WORK STATEMENT (PWS)

The attached Performance Work Statement (PWS) (Section 9, Attachment A) describes the SCRIPTS BPA purpose, performance objectives and requirements that are expected of the BPA awardee, and other BPA requirements. Upon BPA award, the PWS will become legally binding between the BPA holder and the U.S. Government.

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SECTION 3 – PACKAGING AND MARKING

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SECTION 4 – INSPECTION AND ACCEPTANCE

4.1 PLACE OF INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be as specified under the BPA and individual orders. Inspection and acceptance of all work performance, reports, and other deliverables under BPA orders shall be performed at the order-level. If there is a conflict between the BPA and an order, the BPA terms shall prevail.

4.2 SCOPE OF INSPECTION

4.2.1 All BPA deliverables will be inspected for content, completeness, accuracy, and conformance to BPA requirements by the order-level Contracting Officer’s Representative (COR). Inspection may include validation of information or software using automated tools, testing, or inspections of the deliverables, as specified in the BPA award. The scope and nature of this inspection will be sufficiently comprehensive to ensure the completeness, quality, and adequacy of all deliverables.

4.2.2 The COR will provide written notification of acceptance or rejection of all final deliverables within ten business days of receipt (unless specified otherwise in the TO). All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection.

4.2.3 Non-conforming products or services will be rejected. Deficiencies shall be corrected by the quoter within five business days of the rejection notice. If the deficiencies cannot be corrected within five business days, the quoter will immediately notify the COR of the reason for the delay and provide a proposed corrective action plan within three business days.

4.2.4 If the quoter does not provide products or services that conform to the requirements of an order, the Government will not pay the fixed price associated with the non-conforming products or services.

4.3 BASIS OF ACCEPTANCE

4.3.1 The basis for acceptance shall be compliance with the requirements set forth in the BPA and relevant terms and conditions of the underlying schedule contract. Deliverable items rejected shall be corrected in accordance with the applicable clauses.

4.3.2 Acceptance will occur when all discrepancies, errors, or other deficiencies identified in writing by the Government have been corrected or resolved, through documentation updates, program correction, or other mutually agreeable methods. If the deliverable is adequate, the Government may accept it or provide comments for incorporation.

4.3.3 All of the Government’s comments on deliverables shall either be incorporated in the succeeding version of the deliverable, or the quoter shall explain to the Government’s satisfaction why such comments should not be incorporated.

4.3.4 If the Government finds that a deliverable contains spelling errors, grammatical errors, or improper format, or otherwise does not conform to the quality assurance requirements stated

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SECTION 4 – INSPECTION AND ACCEPTANCE

within this BPA, the document may be rejected without further review and returned to the quoter for correction and resubmission. If the quoter requires additional Government guidance to produce an acceptable version, the quoter shall arrange a meeting with the COR.

4.4 DELIVERABLES

The Government will provide written acceptance, comments, and/or requests, if any, within ten business days (unless specified otherwise in Attachment A - PWS) from Government receipt of the deliverable. Upon receipt of the Government comments, the quoter shall have five business days to incorporate the Government’s comments and/or requests and to resubmit the deliverable.

4.5 NON-CONFORMING PRODUCTS OR SERVICES

Non-conforming products or services will be rejected. Deficiencies shall be corrected, by the quoter, within ten business days of the rejection notice. If the deficiencies cannot be corrected within ten business days, the quoter shall immediately notify the COR of the reason for the delay and provide a proposed corrective action plan within five business days. For FFP orders/line items, if the quoter does not provide products or services that conform to the requirements of the contract, the Government will withhold the fixed price until the non-conforming products or services are remediated.

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SECTION 5 – DELIVERIES OR PERFORMANCE

5.1 PERIOD OF PERFORMANCE

5.1.1 The period of performance for this BPA is a five-year base period and one, five-year option period .

Base Period: To Be Determined at award Option Period: To Be Determined at award

5.1.2 In accordance with FAR 8.405-3(d)(3), quoters may be awarded a BPA that extends beyond the current term of their GSA Schedule contract, so long as there are option periods in their GSA MAS contract that, if exercised, will cover the BPA's period of performance.

5.1.3 Quoters will not be eligible for BPA award if their relevant GSA MAS contract (inclusive of option periods) will expire prior to the end of the BPA’s intended ten-year period of performance ( date subject to change based on actual award date) , if no further option periods are available.

5.1.4 Delivery terms shall be established on individual orders. Deliveries on orders may extend beyond the effective period of the BPA. However, no new Delivery orders may be issued after the expiration of the BPA’s period of performance. Note that if option periods remain on the GSA Schedule contract, the end of a Schedule contract option period is not considered “expiration” for purposes of the BPA or delivery orders hereunder and performance of orders may continue (See FAR 8.405-3(d)(3) for details).

5.1.5 The BPA will not extend beyond the final expiration of the BPA Holder’s GSA MAS contract. After BPA award, should a BPA Holder’s schedule contract be canceled during the BPA period of performance, the BPA expires on the same date as the GSA MAS contract and no new delivery orders may be issued after that date.

5.1.6 This BPA expires upon completion of all Orders issued within the specified ordering period. SCRIPTS BPA is contingent upon the quoter maintaining its GSA Schedule contract and maintaining a current / valid Letter of Supply (LOS) as an authorized reseller from OEM.

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SECTION 6 – BPA ADMINISTRATION

6.1 GENERAL

This section provides contract administration requirements for the SCRIPTS BPA, and where applicable, for each task order (TO) placed against it. Costs associated with these administration requirements may not be billed as a direct cost to the Government.

Additional administration requirements, not specified by the SCRIPTS BPA, may be established in each task order. Costs associated with these order-specific administration requirements must be described in the task order and if applicable, billed in accordance with terms of the task order.

6.2 RESERVED

6.3 ROLES AND RESPONSIBILITIES

This section describes the roles and responsibilities of Government personnel for the SCRIPTS BPA. The Government may modify the roles and responsibilities at any time during the period of performance of the BPA via contract modification.

6.3.1 BPA ADMINISTRATION

Contracting Officer:

Michael P. Williams

GSA FAS ITC

Email: scrmtool@gsa.gov .

Contract Specialist Theodore Williamson

GSA FAS ITC

Email: scrmtool@gsa.gov .

Contract Specialist Cynthia Chen

GSA FAS ITC

Email: scrmtool@gsa.gov .

Contracting Officer Representative:

Provided at award.

6.3.2 SCRIPTS BPA PROGRAM MANAGER (PM)

The Government will appoint a SCRIPTS BPA PM who will perform program level functions, such as business development and industry engagement. The SCRIPTS BPA PM has no actual, apparent, or implied authority to contractually bind the Government or change the terms and conditions of the contract.

Request For Quote 47QTCA24Q0003 PAGE 10 mailto:scrmtool@gsa.gov mailto:scrmtool@gsa.gov mailto:scrmtool@gsa.gov

6.3.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The CO will appoint a COR in writing through a COR Designation Letter. The COR will receive, for the Government, all work called for by the BPA and will represent the CO in the technical phases of the work. The COR will provide no supervisory or instructional assistance to quoter personnel.

The COR is not authorized to change any of the terms and conditions, scope, schedule, and price of the BPA or underlying Schedule contract. Changes in the scope of work will be made only by the CO by properly executed modifications to the BPA or contract.

6.3.4 ORDERING CONTRACTING OFFICER (OCO )

Only an Ordering Contracting Officer (OCO) may issue and/or administer a task order.

6.3.5 TASK ORDER CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The OCO may designate in writing a COR to perform surveillance for resulting task order(s).

6.4 INVOICE SUBMISSION

Invoices will be handled at the order level in accordance with established agency procedures.

6.5 QUOTER BPA ROLES AND RESPONSIBILITIES

6.5.1 BPA PROGRAM MANAGER

The quoter’s management structure must guarantee senior, high-level, program management of the SCRIPTS BPA. The quoter must appoint a Program Manager who is a direct employee of the company for centralized administration to support this BPA. The Program Manager represents the quoter as a primary point-of-contact for any matters related to the contract and associated task orders.

6.5.1.1 The quoter BPA Program Manager responsibilities include, but are not limited to:

a. Representing the quoter as the primary point-of-contact to help resolve issues and perform other functions that may arise relating to the contract and task orders under the contract;

b. Advising and assisting customers regarding the features and benefits of the SCRIPTS

BPA;

c. Promoting SCRIPTS BPA to the Federal Government through voluntary participation in trade shows, conferences, and other meetings where Federal Government personnel are present;

d. Promoting quoter identity as a SCRIPTS BPA holder by using the GSA logo in advertising, placing these identifiers in printed and in on-line communications; displaying SCRIPTS BPA promotional placards; and disseminating SCRIPTS marketing materials;

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e. Educating and training quoter’s staff to ensure that they are able to effectively communicate with existing and potential customers regarding the technical scope, the value, and the benefits of the SCRIPTS BPA;

f. Ensuring all information required under the BPA is reported accurately and in a timely manner;

g. Attending SCRIPTS BPA meetings and conferences and working with the government PM and COR.

h. The quoter must ensure that GSA has current contact information for the quoter’s BPA Program Manager. The quoter must notify GSA of any change in the BPA Program Manager or their contact information in accordance with PWS Section 6, Key Personnel Requirements. All costs associated with the quoter’s BPA Program Manager must be at no direct cost to the Government.

i. Ensuring that all contract administration functions and reporting information required under the SCRIPTS BPA is provided accurately, thoroughly, and timely;

j. Addressing all performance issues related to the SCRIPTS BPA;

k. Attending SCRIPTS BPA meetings and conferences, as required by RFQ Section 6.5, and working with the SCRIPTS BPA PM and COR.

6.5.2 BPA CONTRACT MANAGER

The quoter’s management structure must guarantee senior, high-level, contract management of the SCRIPTS BPA. The quoter must appoint a Contract Manager who is a direct employee of the company

The quoter BPA Contract Manager responsibilities include, but are not limited to:

● Representing the quoter as the primary point-of-contact to help resolve contract related issues;

● Ensuring that all contract administration functions and reporting information required under the BPA is provided accurately, thoroughly, and timely;

● Addressing all performance issues related to the BPA;

● Attending SCRIPTS BPA meetings and conferences, as required by RFQ Section 6.5, and working with the SCRIPTS BPA PM and COR.

The quoter must ensure that GSA has current contact information for the quoter’s BPAContract Manager. The quoter must notify GSA of any change in the BPA Contract Manager or their contact information in accordance with PWS Section 6, Key Personnel Requirements. All costs associated with the quoter’s BPA Contract Manager must be at no direct cost to the Government.

6.5.3 QUOTER BPA WEBPAGE

The quoter must develop and maintain a current, publicly available SCRIPTS BPA webpage accessible via the internet throughout the ordering period of the SCRIPTS BPA and performance of any task orders. The SCRIPTS BPA webpage link must be prominently displayed on the quoter’s main government business homepage and be available for inclusion on GSA.gov referenceable e-Commerce portal pages.

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This webpage must conform to the relevant accessibility standards referenced in Section 508 of the Rehabilitation Act of 1973 [29 U.S.C. 794d, as amended by the Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998] and 36 C.F.R. D1194.22 (2020), Web-based intranet and internet information and applications.

The quoter must provide the webpage address to scrmtool@gsa.gov within 30 calendar days after the receipt of Notice to Proceed. Any change in the webpage address during contract performance must be sent to scrmtool@gsa.gov. The quoter must ensure all information provided on its webpage is current until SCRIPTS BPA expiration. At a minimum, the webpage must include the following items:

a. Link to the GSA SCRIPTS BPA website

b. BPA Contract Number

c. Contractor Unique Entity Identifier (UEI)

d. Contractor CAGE Code

e. Contact information of the quoter’s Program Manager for the BPA.

6.6 MEETINGS AND CONFERENCES

The quoter’s designated Program Manager and Contract Manager, or their designee, must attend all SCRIPTS BPA Program Management Review (PMR) meetings and or teleconferences.

Meeting shall be via teleconference or virtual.

6.6.1 POST-AWARD ORIENTATION CONFERENCE

The quoter must participate in a mandatory Post-Award Orientation Conference that will be held at a time and place to be determined by the SCRIPTS CO (FAR 42.503-1). The purpose of the Post-Award Orientation Conference is to provide the quoter a clear understanding of all contract requirements in the BPA.

6.6.2 PROGRAM MANAGEMENT REVIEW MEETINGS

1. The SCRIPTS Contracting Officer or other authorized government representative may conduct up to two (2) mandatory PMR meetings per year. Such meetings may be held via virtual webinar, mutually agreed to facility location, or in a hybrid arrangement allowing both virtual and in-person attendance. The meetings will include all BPA Holders, representatives from prospective customer agencies, a combination of current and prospective customer agencies, or individual BPA Holders.

2. The BPA Program Manager and Contract Manager are required to attend and participate at all PMR meetings. If the quoter Program Manager or Contract Manager are unable to attend, an alternate direct employee of the company must attend in their place.

3. The SCRIPTS PMR meetings will provide a forum for quoters, GSA staff, and other customer agency representatives to communicate current issues, resolve potential problems, discuss business and marketing opportunities, review future and ongoing initiatives, speak to contract administration matters, and address BPA operations

Request For Quote 47QTCA24Q0003 PAGE 13 fundamentals. Specific agenda topics and format will be provided in advance of scheduled meetings.

4. Some major Federal Government, and any approved state, local, regional or tribal governments may establish a central program management function. Such users may require their primary suppliers to participate in agency program review meetings on a periodic basis, at no additional cost to the Government.

5. The BPAs will be reviewed annually. Per FAR 8.405-3(e), review of the BPAs will consist of the following, at a minimum, and the GSA contracting officer will determine whether:

a. The Schedule contract, upon which the BPA was established, is still in effect;

b. The BPA still represents the best value (see 8.404(d)); and

c. Estimated quantities/amounts have been exceeded and additional price reductions can be obtained.

6.7 ON-RAMPING, OFF-RAMPING, AND CANCELLATION PROCEDURES

6.7.1 ON-RAMPING PROCEDURES

The BPA Contracting Officer has determined that it is in the Government’s best interest that at all times during the term of the BPAs, there remain an adequate number of BPA holders that are eligible to compete for orders and that the SCRIPTS BPA provides the most robust supply chain platforms available in the SCRM illumination marketplace. The government reserves the right to reopen this RFQ in order to establish additional BPAs achieved via a solicitation amendment.

Onboarding quotes will be evaluated in accordance with the Evaluation factors located in Section 11 - Instructions to Quoters, which will be detailed in the solicitation amendment.

This program will be reviewed one year after BPA establishment (then annually thereafter) to determine whether it is in the best interest of the Government to “reissue” an RFQ for purposes of adding additional BPA holders for new offerings. The Government is under no obligation to solicit or establish additional BPAs. However, should such a determination to hold an open season be made, during this process the Government may add additional BPA holders. In the event that additional BPAs are established in accordance with these provisions, the period of performance of the “on-ramped” BPAs will only be for that length of time remaining in the originally established SCRIPTS BPA period (including options), and outlined in Section 5.1.

Should such a determination be made to solicit or establish additional BPAs, an open season will be established.

6.7.1.1 OPEN SEASON PROCEDURES

If GSA determines that it would be in the Government’s best interest to amend the solicitation, after initial award, to add new BPA holders, the procedures are as follows:

a. The reopening of the solicitation (onboarding) will be achieved via the BPA Contracting Officer issuing a solicitation amendment;

b. The open season solicitation amendment is issued under then-applicable federal procurement law;

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c. The open season solicitation amendment identifies the total approximate number of new awards that the BPA Contracting Officer intends to make. The BPA Contracting Officer may decide to award more or fewer BPAs than the number identified in the solicitation amendment depending upon the overall quality of the quotes received;

d. Any quoter that meets the eligibility requirements set forth in the open season solicitation amendment submits a quote in response to the solicitation;

e. The award decision under any open season solicitation amendment is based upon substantially the same evaluation factors/sub-factors as the original solicitation;

f. The terms and conditions of any resulting BPA awards from an open season solicitation amendment are materially identical to the initial SCRIPTS BPA solicitation;

g. The period of performance for any such new awards from an open season solicitation amendment shall end on the same date as the BPAs for all other SCRIPTS BPA holders;

and

h. If awarded a BPA through the open season authority, any new SCRIPTS BPA holder is eligible to compete for orders with the same rights and obligations as any other BPA holder.

6.7.2 OFF-RAMPING PROCEDURES

To ensure success of the SCRIPTS BPAs, each SCRIPTS BPA holder is expected to participate in the SCRIPTS ordering process by submitting quotes in response to agency level solicitations for which the SCRIPTS BPA holder has a reasonable chance for award, to successfully perform the terms of their orders, and to promptly improve performance should it ever not meet the terms of the orders. GSA BPA Contracting Officer reserves the unilateral right to Off-Ramp non performing BPA Holders. BPA Holders that are Off-Ramped must still complete existing orders under the SCRIPTS BPAs at the time of the Off-Ramping. Off-ramping may result from one or more of the following conditions:

a. Debarment, Suspension, or Ineligibility as defined in FAR Subpart 9.4.

b. BPA Holders who fail to meet a 98% average availability based upon the delivery standards outlined in Section 4

c. BPA Holders who fail to meet PWS Section 7.1 SCRM plan reporting requirements within the stated reporting cycle. The government reserves the right to notify and conduct on demand surveillance assessment visits to validate compliance as stipulated in PWS Section 7.1.3.

d. BPA Holders assessed as high-risk and can not resolve or provide timely corrective actions to resolve the identified risks.

If a BPA holder does not meet these expectations, it is the Government’s intent to “off-ramp” the SCRIPTS BPA holder by:

a. Permitting the quoter’s BPA to expire instead of exercising the Option, to executing an unilateral cancellation; or

b. Taking any other action which may be permitted under the BPA terms and conditions

6.7.3 CANCELLATION PROCEDURES

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The Government reserves the right to cancel a BPA at any time for reasons including, but not limited to, if it is no longer needed, no longer represents competitive pricing, does not provide adequate service (e.g., delivery, billing, and service quality), the BPA holder is otherwise not in compliance with the BPA terms and conditions. The BPA Holder shall notify the BPA’s Contracting Officer no less than 60 days prior to the expiration of the BPA Holder’s GSA Schedule contract. If for any reason the BPA Holder’s GSA Schedule contract (or Multiple Award Schedule contract dated October 2019 or later) is terminated, the BPA Holder shall notify the BPA Contracting Officer within twenty-four (24) hours. The BPA’s period of performance will not extend beyond the expiration date of the BPA Holder’s GSA Schedule contract.

6.8 REPORTING

Reference Attachment A - PWS, Section 9 - Deliverables

Following award, the BPA Contracting Officer will provide the BPA Holders with the standardized SCRIPTS BPA Category Management Report (CMR) template that will be reported monthly to the SCRIPTS Program Office. The reporting elements are indicated in Attachment D and may change during the performance period of the BPAs. BPA Holders will be briefed on the reporting process post award. The report shall only include orders within the month that have been invoiced. The BPA Holder shall submit the completed CMR for the SCRIPTS BPAs to the BPA Contracting Officer, Program Manager, and COR. Vendors who have accepted the GSA Schedule (or Multiple Award Schedule contract dated October 2019 or later) – Information Technology, Software & Services Solicitation FCIS-JB-980001B Transactional Data Reporting (TDR) MAS Modification may utilize their monthly Sales Reporting Portal (SRP) reporting process to comply with this requirement provided that the additional data fields specified in Appendix X are submitted to the BPA Contracting Officer, Program Manager, and COR. The monthly SCRIPTS CMR is due within 30 calendar days from the last calendar day of the month. If there was no order activity during the month, confirmation of no reportable data must be submitted within 30 calendar days of the last calendar day of the month.

During the BPA period of performance, the BPA Holder shall provide a SCRM Plan update to the BPA Contracting Officer, Program Manager, and the COR within ten business days whenever there is a change that affects one or more CNSSI 1253 security controls. At a minimum the following events substantiate the need for an update: changes in company ownership, changes in senior company leadership, supplier changes, including new capabilities added through new vendors or components, subcontractor changes, and Information and Communication Technology (ICT) supply chain compromises.

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SECTION 7 – SPECIAL CONTRACT REQUIREMENTS

7.1 KEY PERSONNEL

See Attachment A – PWS, Section 6 for detailed requirements for BPA Key Personnel.

7.2 GOVERNMENT-FURNISHED PROPERTY (GFP)

Government-furnished property (GFP) requirements will be addressed at the order level.

Personal Identity Verification (PIV) cards and/or Common Access Cards (CAC) may be issued to quoter employees as GFP under resulting orders in accordance with FAR 52.204-9. In accordance with GSAM 517.207(d), the requiring agency Technical Point of Contact (TPOC) will conduct a review of quoter PIV cards and/or CACs annually or before exercising an option to verify the quoter employee’s continued need for a PIV card and/or CAC.

7.2.1 GOVERNMENT-FURNISHED INFORMATION (GFI)

Government-furnished information (GFI) requirements will be addressed at the order level.

7.3 SECURITY REQUIREMENTS

See Attachment A – PWS, Section 7 and 9 for detailed security requirements for the BPA.

7.3.1 INFORMATION ASSURANCE

The quoter may have access to sensitive (including privileged and confidential) data, information, and materials of the U.S. Government. These printed and electronic documents are for internal use only and remain the sole property of the U.S. Government. Some of these materials are protected by the Privacy Act of 1974 (AMENDED). Unauthorized disclosure of Privacy Act covered materials is a criminal offense.

7.3.2 FACILITY AND SECURITY CLEARANCES

In general, all necessary facility and employee security clearances shall be at the expense of the quoter. The quoter shall comply with all security requirements identified in Attachment A - PWS, Section 7.2 and 7.3.

7.4 RESERVED

7.5 ORGANIZATIONAL CONFLICT OF INTEREST AND NON-DISCLOSURE

REQUIREMENTS

7.5.1 ORGANIZATIONAL CONFLICT OF INTEREST (OCI)

If a quoter has performed, is currently performing work, or anticipates performing work that creates or represents an actual or potential OCI, the quoter shall immediately disclose this actual or potential OCI to the CO in accordance with FAR Subpart 9.5. The nature of the OCI may involve the prime contractor, subcontractors of any tier, or teaming partners.

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SECTION 7 – SPECIAL CONTRACT REQUIREMENTS

7.5.2 NON-DISCLOSURE REQUIREMENTS

At the Ordering Level if the quoter acts on behalf of the ordering agency, or provides advice with respect to any phase of an agency procurement, as defined in FAR 3.104-4, then the quoter shall execute and submit a Corporate Non-Disclosure Agreement (NDA) Form (Section 9, Volume I, Attachment 5) and ensure that all its personnel (including subcontractors, teaming partners, and consultants) who will be personally and substantially involved in the performance of the task order:

a. Are instructed in the FAR 3.104 requirements for disclosure, protection, and marking of quoter bid or quote information, or source selection information.

b. Are instructed in FAR Part 9 for third-party disclosures when acting in an advisory capacity.

All proposed replacement quoter personnel shall also be instructed in the requirements of FAR

3.104. Any information provided by quoters in the performance of this BPA or obtained from the Government is only to be used in the performance of the BPA. The quoter shall put in place appropriate procedures for the protection of such information and shall be liable to the Government for any misuse or unauthorized disclosure of such information by its personnel, as defined above.

7.6 PRESS/NEWS RELEASE

The quoter shall not make any press/news release pertaining to this BPA without prior Government approval and only in coordination with the CO.

7.7 DATA RIGHTS

See Attachment A - PWS, Section 4.31 for technical rights in data requirements under this BPA.

7.8 INTELLECTUAL PROPERTY RIGHTS

The existence of any patent, patent application, subscription licensing terms or other intellectual property right that encumbers any deliverable shall be disclosed in writing on the cover letter that accompanies the delivery. If no such disclosures are provided, the data rights provisions in FAR 52.227-14 apply.

7.9 CONTRACTOR IDENTIFICATION

At the Ordering Level, if the contractor requires access to government facilities, and as stated in 48 CFR 211.106, Purchase Descriptions for Service Contracts, contractor personnel shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and by displaying distinguishing badges or other visible identification for meetings with Government personnel. Contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

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SECTION 8 – BPA CLAUSES

8.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This BPA incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text of a clause may be accessed electronically at the FAR website:

http://www.acquisition.gov/far/

Table 2.1: FAR clauses incorporated by reference

FAR TITLE DATE

52.203-14 Display of Hotline Posters (fill in or provide link to client’s posters) NOV 2021

52.204-14 Service Contract Reporting Requirements OCT 2016

52.215-23 Limitations on Pass-Through Charges JUN 2020

52.227-14 Rights in Data-General MAY 2014

52.244-6 Subcontracts for Commercial Items JUL 2021

52.246-4 Inspection of Services-Fixed-Price AUG 1996

52.246-6 Inspection-Time-and-Material and Labor-Hour MAY 2001

52.246-25 Limitation of Liability—Services FEB 1997

52.249-14 Excusable Delays APR 1984

8.1.1 FAR CLAUSES INCORPORATED BY FULL TEXT

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(AUG 2020)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

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(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

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Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential…