1145PC22Q0089_LAW 360.pdf
PDF 612 KB Posted
- Solicitation number
- 1145PC22Q0089
- Issued by
-
Peace Corps
View the file
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
1145PC22Q0089
LAW 360 ENTERPRISE LEVEL SUBSCRIPTION
COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS
Request for Quotation (RFQ) – Law 360 Enterprise Level Subscriptions and Licenses
GENERAL INFORMATION
Document Type: Combined Synopsis and Solicitation
Solicitation Number: 1145PC22Q0089
Posted Date: September 7, 2022
Questions Due Date: September 8, 2022
Current Response Date: September 12, 2022
Product or Service Code: 7A21
Set Aside: Unrestricted. Single Source/Sole Source
Small Business Size Standard:
North American Industrial Classification System (NAICS):
$41.5 Million
511120 – Software Publishers
CONTRACTING OFFICE ADDRESS
Peace Corps Headquarters Office of Acquisition and Contract Management 1275 First Street NE Washington, DC 20526
SECTION 1 – DESCRIPTION
1.1 DESCRIPTION
This RFQ is a combined synopsis and solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 13 Simplified Acquisition Procedures and FAR subpart 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items.
The solicitation incorporates clauses and provisions in effect through Federal Acquisition Circular 2022-07. This announcement constitutes the only solicitation, quotations are being requested, and a separate solicitation will not be issued.
The Peace Corps is seeking to purchase Law 360 enterprise level subscriptions with ten (10) user licenses. In accordance with FAR 13.106(b) soliciting from a single source, the Peace Corps intends to award one single source Firm Fixed Price (FFP) purchase order. Due to Law 360 exclusive licensing agreements, the Peace Corps determined the circumstances of the contract action deem only one source reasonably available. All responsible sources may submit a capability statement or quotation which shall be considered by the agency.
The Government is in no way obligated to make an award, nor to pay any costs incurred by the contractor in preparing and submitting its quote.
1.2 PRODUCT LIST
Provide a quotation for the following:
Product List
(Fill in the annual total and base and all options total.)
CLIN Description Quantity Unit of Measure
Annual Total
0001 Base Year Law 360 Enterprise Level Subscriptions/licenses.
Quantity: 10
1 Amount $
0002 Option Year 1 Law 360 Enterprise Level Subscriptions/licenses.
Quantity: 10
1 Amount $
0003 Option Year 2 Law 360 Enterprise Level Subscriptions/licenses.
Quantity: 10
1 Amount $
0004 Option Year 3 Law 360 Enterprise Level Subscriptions/licenses.
Quantity: 10
1 Amount $
0005 Option Year 4 Law 360 Enterprise Level Subscriptions/licenses.
Quantity: 10
1 Amount $
Base and All options Total
SECTION 2 – STATEMENT OF WORK
2.1 BACKGROUND
This Statement of Work (SOW) supports the essential work of the Office of the General Counsel (OGC) to provide accurate and sound legal advice for the agency, which requires its attorneys be provided with current, comprehensive information and analysis of recent changes to law and regulations, as well as critical administrative and judicial decisions impacting a variety of practice areas and industries.
2.2 SCOPE
The Contractor shall deliver a vendor-hosted, web-based interactive tool to provide users with up-to-date, comprehensive information and analysis of recent changes to law and regulations, as well as critical administrative and judicial decisions impacting a variety of practice areas and industries.
2.3 DELIVERABLES
The contractor shall provide an online subscription to include ten (10) enterprise level subscription full user licenses that have the ability to add, modify, or delete user access, and reset passwords, as well as access to all forms and functions.
a. Website access to Law360 Enterprise subscription tools for 10 users/licenses.
b. The tools should be hosted on the vendor’s servers and must be available via the internet 24 hours per day/7 days per week, unless the Peace Corps is otherwise notified for vendor system maintenance.
c. The service must be available on a recent/current industry standard web browser.
d. The Contractor’s web tools should be available 95% of the time during business hours.
The Contractor should plan regular maintenance activities that require downtime for evenings and weekends, to minimize interruption.
2.4 ADDITIONAL REQUIREMENTS
Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by P.L.
105-220 under Title IV (Rehabilitation Act Amendments of 1998) all Electronic and Information Technology (EIT) developed, procured, maintained and/or used under this contract shall be in compliance with the “Electronic and Information Technology Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR Part 1194. The complete text of Section 508 Standards can be accessed at http://www.access-board.gov/ or at http://www.section508.gov.
2.5 CONTRACTOR EXPERIENCE – KEY PERSONNEL
There are no key personnel for this requirement.
2.6 DATA RIGHTS
The Contractor will respect client confidentiality and maintain client records in accordance with accepted applicable federal and state laws.
2.7 PERIOD OF PERFORMANCE
The period of performance of this purchase order consists of one (1) base year and four (4) option years. The Government may unilaterally extend the term of this order, by exercising the option periods following the terms specified in FAR 52.217-9. This purchase order includes an option to extend the period of performance under FAR 52.217-8 for an additional six (6) months. The anticipated period of performance is as follows:
Base Year: 12 months from date of award.
Option Year 1: 12 months from the end of the base year.
Option Year 2: 12 months from the end of the option year 1.
Option Year 3: 12 months from the end of the option year 2.
Option Year 4: 12 months from the end of the option year 3.
2.8 PRICING
Pricing shall be based on a vendor-hosted service for 10 full user enterprise level subscription licenses that have the ability to add, modify, or delete user access, and reset passwords, as well as access to all functions and forms.
2.9 PLACE OF PERFORMANCE
The primary place of performance is at the Contractor’s Facility. The Peace Corps shall have virtual access to the Contractor’s website.
2.10 INSPECTION AND ACCEPTANCE
Inspection and acceptance will be at destination by the technical points of contact in accordance with FAR clause 52.212-4(a). In accordance with FAR 52.212-4(a), the Government has the right either to reject or to require correction of nonconforming supplies and services. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with agreement requirements. Services are nonconforming when they are not in conformity with the agreement requirements. The Government may reject nonconforming supplies with or without disposition instructions.
2.11 GOVERNMENT-FURNISHED PROPERTY OR EQUIPMENT (GFP/GFE)
GFP/GFE is not required and will not be provided.
2.12 TRAVEL
Travel is not required for this purchase order.
SECTION 3 – CONTRACT ADMINISTRATION
3.1 CONTRACT MANAGEMENT
Contracting Officer Maria Anguiano 1275 First Street NE Washington, DC 20526 Email: manguiano@peacecorps.gov
Technical Points of Contact Entered at award.
Contractor Point of Contact Entered at award.
3.2 CONTRACTING OFFICER’S AUTHORITY
The Contracting Officer (CO) is the only person authorized to make or approve any changes to any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.
3.3 TECHNICAL POINT OF CONTACT (TPOC)
The Technical Point of Contact (TPOC) supports and assists the CO in the technical monitoring and administration of this purchase order. The TPOC will monitor the Vendor’s technical compliance and progress relative to this purchase order. Technical direction is defined as direction to the Vendor which fills in details, suggests possible lines of inquiry, or otherwise supplements the scope of work. Technical direction must be confined to the general scope of work of this order and shall not constitute a new assignment, nor supersede or modify term or condition under the purchase order. The TPOC is NOT authorized to re-delegate his or her authority.
All correspondence concerning technical matters related to this purchase order shall be addressed to the TPOC with a copy to the Contract Specialist and CO.
3.4 INTERPRETATIONS OF MODIFICATIONS
No oral or written statement of any person and no written statement of anyone other than the CO shall modify or otherwise affect the terms and conditions of this contract. Requests for interpretations, modifications or changes must be made in writing to the CO. The technical point of contact can only respond to technical matters that do not result in a change of scope to this contract.
3.5 INVOICE INSTRUCTIONS (APR 2021)
3.5.1 Minimum requirements for a PROPER INVOICE:
Complete contract number, including task/delivery/call order number (if applicable);
Name and address of the Contractor;
Invoice date and invoice number;
Description of supplies/products/services provided;
Quantity of services/supplies provide;
Period of performance covered by the invoice;
Unit of issue, as specified in the Contract Line Item Number (CLIN), and/or Schedule of services;
Unit price and extended total, for each CLIN;
Invoice total;
Shipping and payment terms, (as applicable);
Electronic funds transfer (EFT) account/payment information;
Signature of the Contractor's authorized representative;
Contractor's Tax Identification Number (TIN); and
Any other contract-directed requirements.
In the event that an invoice is “improperly” submitted (e.g. incorrect contract/order number, invoice amount, labor categories, contract rates, CLINs, etc.) it will be rejected as an improper invoice and returned to the contractor. Also, an invoice is considered improper if it is received before the product or service is received, inspected and accepted by the COR.
3.5.2 Invoice delivery and formatting
Invoices shall be in PDF format and forwarded via email to GAPdomesticinvoice@peacecorps.gov with a copy to the COR and/or TPOC;
A separate attachment for each invoice is required;
The invoice size should be standard 8.5’x11’;
The representative signing the invoice must also print his/her name, direct phone number and email address on the invoice;
Bill only for one delivery order per invoice;
Bill for only one option period per invoice;
Never bill in excess of the contract obligated amount ; and
Do not bill for state and local taxes unless authorized by law, policy or the CO.
3.5.3 Invoice Certification
Upon receipt of the invoices, the COR and/or TPOC will evaluate the invoices for correctness and appropriateness of the charges and will ensure that chargeable items appearing on the invoices have been received, inspected, and accepted by the Peace Corps. In the event that the Peace Corps discovers any discrepancies in the invoice, the COR and/or TPOC will notify the Contracting Officer (CO) and the Contracting Officer and COR and/or TPOC will, in addition to following the requirements of the Prompt Payment Act, take steps necessary to resolve the discrepancies with the Contractor.
3.5.4 Invoice Payment
For the purposes of this subsection, “invoice payment” is a Government disbursement of moneys to the Contractor under this contract for products and/or services which are received, inspected, and accepted by the Government. Invoices are payable in accordance with the requirements of the Prompt Payment Act. Payment will be considered as being made on the day of the electronic funds transfer is made. The failure to properly submit invoices may result in a delay in payment.
3.5.4.1 Applicable to time and material and labor hour contracts
The following backup information is required as an attachment to the invoice as shown by category of cost:
(1) Direct Labor - Identify the number of hours (by contractor labor category and total) and the total direct labor hours billed for the period of the invoice.
(2) Subcontracts - Identify the major cost elements for each subcontract.
(3) Other Direct Costs - When the cost for an individual cost (e.g., photocopying, material and supplies, telephone usage) exceeds $1,000 per the invoice period, provide a detailed explanation for that cost category.
(4) Indirect Cost Rates - Identify by cost center, the indirect cost rate, the period, and the cost base to which it is applied.
(5) Contractor Acquired Equipment - Identify by item the quantities, unit prices, and total dollars billed.
(6) Contractor Acquired Software - Identify by item the quantities, unit prices, and total dollars billed.
(7) Travel - When travel costs exceed $2,000 per invoice period, identify by trip, the number of travelers, the duration of travel, the point of origin, destination, purpose of trip, transportation by unit price, per diem rates on daily basis and total dollars billed. Detailed reporting is not required for local travel.
Any costs requiring advance consent by the Contracting Officer will be considered improper and will be disallowed, if claimed prior to receipt of Contracting Officer consent.
For questions regarding payments, please send an email inquiry, including the contract number and order number (if applicable), the invoice number, billed amount, due date, and date sent via email to Disbursing@peacecorps.gov.
3.5.5 Withholding of Contract Payments
Notwithstanding any other payment provision of this contract, failure of the Contractor to submit required reports when due, or failure to perform or deliver required services/supplies may result in the withholding of payments under this contract. Payments may be withheld unless such failure arises out of circumstances beyond the Contractor’s control and without fault or negligence on the part of the Contractor, as provided for in the relevant contract clauses. The Peace Corps will promptly notify the Contractor of its intention to withhold payment of any voucher or invoice in full; however, if only a portion(s) of the invoice are being withheld, then the voucher may be processed without notification to the Contractor to prevent delay in payment.
3.5.6 Final Invoice
The Contractor’s final invoice submitted under the contract must be marked as follows: THIS
INVOICE CONSTITUTES THE FINAL INVOICE – UPON PAYMENT OF THIS INVOICE
NO OTHER MONIES ARE DUE UNDER CONTRACT NUMBER (to be assigned upon contract award). Upon receipt of final payment, the contractor agrees to complete a “Release of Liability” within 10 days from date “Release of Liability” is received from the CO.
3.5.7 Unliquidated Obligations (ULO)
An unliquidated obligation (ULO), for this purpose, represents the amount of goods or services ordered by the Peace Corps for which payment has not been made (liquidated). The parties agree that any remaining ULO amount equal to or less than $100 for which 1) the performance period has expired and 2) the final invoice has been received will be unilaterally de-obligated via a modification to the contract.
SECTION 4 – SPECIAL CONTRACT REQUIREMENTS
4.1 USE OF PEACE CORPS NAME OR LOGO
The Vendor shall make no publicity announcements or issue other public relations or promotional materials mentioning the Vendor’s connection with Peace Corps without first consulting with the Contracting Officer. Further the Vendor shall not use the Peace Corps name and/or logo in conjunction with, or proximity to, the Vendor’s logo, trademark, trade name or facsimile thereof (co-branding) without the advance written concurrence of the Contracting Officer.
4.2 RESTRICTION ON ADVERTISING
The Vendor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Peace Corps, or any other element of the Federal Government, or is considered by these entities to be superior to other products or services. Any advertisement by the Vendor shall contain the following statement: “This advertisement is neither paid for nor sponsored, in whole or in part, by any element of the United States Government.”
4.3 PRIVACY ACT
The Contractor, in the course of performing this requirement, will be the custodian of, and therefore inherently will have access to, personally identifiable information (PII) and files protected under the Privacy Act. Such information shall be kept secure whether it is in electronic or paper form. Privacy Act systems of records include paper & electronic records that the Peace Corps controls, and/or which are collected for the Peace Corps. Such records contain personal information about individuals which are accessed by name or any other personal identifier. The Contractor shall treat any material or records that contain personal information on an individual, whether filed in a system of records or any other Agency file, in a confidential manner. There are penalties under the Privacy Act if information is improperly disclosed.
4.4 BREACH OF INFORMATION NOTIFICATION REQUIREMENT
In accordance with the Peace Corps’ Manual Section 899, Breach Notification Response Plan attachment 4, the Contractor shall provide notification of a suspected or known breach promptly (within 4 hours) by calling the Peace Corps’ Domestic Services Help Desk at 1-202-692-1000.
A breach and/or incident means the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar term referring to situations where persons other than authorized users and for other than authorized purposes have access or potential access to Personally Identifiable Information (PII) or Covered Information, whether physical or electronic. The Peace Corps’ Manual Section 899 will be incorporated into the resulting order to provide the definitions of PII and Covered Information. If a suspected or known breach occurs, the Contractor shall work with and provide necessary information, as requested, to the Peace Corps’ Response Team who will respond to the notification.
4.5 NON-DISCLOSURE
The Contractor shall not publish or disclose in any manner, without the Contracting Officer’s written consent, the details of any safeguards either designed or developed by the Contractor under this order or any other non-public information otherwise provided by the Government.
4.6 INDIVIDUALS/ENTITIES ENGAGED IN INTELLIGENCE ACTIVITIES
It is the policy of Peace Corps to exclude from engagement via contractual relationship, including subcontracts, any individuals who have engaged in intelligence activity or related work or who have been employed by or connected with an intelligence agency.
4.7 OBSERVANCE OF LEGAL HOLIDAYS
(a) The Government hereby provides NOTICE and Vendor hereby acknowledges RECEIPT that Government personnel observe the listed days as holidays:
New Year's Day Martin Luther King's Birthday President's Birthday Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas
(b) In addition to the days designated as holidays, the Government observes the following days:
Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by the President's Proclamation
(c) It is understood and agreed between the Government and the Vendor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement to compensation except as set forth within the purchase order. If a Vendor believes that an unplanned absence impacted the price or period of performance they should notify the contracting officer of the changed condition and submit a claim for equitable adjustment (see FAR 52.212-4(d) and (f)).
(d) Nothing in this clause abrogates the rights and responsibilities of the parties relating to a stop work provisions as cited in other sections of this purchase order.
4.8 RELEASE OF CLAIMS
(a) At the conclusion of the purchase order, and prior to final payment, the Contractor shall furnish to the Contracting Officer, a release of claims against the United States arising out of the order placed, other than claims specifically excepted from the operation of the release. Copies of the required form may be obtained from the Contracting Officer.
SECTION 5 – CLAUSES AND PROVISIONS
5.1 FAR 52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
The following FAR clauses are incorporated 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 addresses:
https://www.acquisition.gov/far/index.html
FAR 52.204-7
FAR 52.204-13
System for Award Management (Oct 2018)
System for Award Management Maintenance (Oct 2018)
FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)
FAR 52.204-19 Incorporation by Reference of Representations and Certifications. (Dec 2014)
FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (Nov 2021)
5.2 52.217-8 - OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days before the end of the contract Period of Performance.
(End of Clause)
5.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within five (5) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least five (5) days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.
(End of Clause)
5.4 FAR 52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (MAY 2022)
(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 products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV
2015).
(5) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws
108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(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 products and commercial services:
[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN
2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV
2021) ( 41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and
Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-
117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV
2021) ( 31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility
Matters (OCT 2018) ( 41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP
2021) ( 15 U.S.C. 657a).
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
__ (13) [Reserved] __ (14)
(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-6.
__ (15)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (OCT
2018) ( 15 U.S.C. 637(d)(2) and (3)).
__ (17)
(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (NOV 2016) of 52.219-9.
__ (iii) Alternate II (NOV 2016) of 52.219-9.
__ (iv) Alternate III (JUN 2020) of 52.219-9.
__ (v) Alternate IV (SEP 2021) of 52.219-9.
__ (18)
(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).
__ (ii) Alternate I (MAR 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) ( 15 U.S.C. 637s).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP
2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-
Aside (SEP 2021) ( 15 U.S.C. 657f).
__ (22)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP
2021) ( 15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (SEP 2021) ( 15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP
2021) ( 15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR
2020) ( 15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN
2022) (E.O.13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
__ (30)
X (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).
__ (ii) Alternate I (FEB 1999) of 52.222-26.
__ (31)
(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (JUL 2014) of 52.222-35.
__ (32)
X (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (JUL 2014) of 52.222-36.
__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).
__ (34) 52.222-40, Notification of Employee Rights Under the National Labor
Relations Act (DEC 2010) (E.O. 13496).
__ (35)
X (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O.
13627).
__ (ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O.
13627).
__ (36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in
FAR 22.1803.)
__ (37)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items
(May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (MAY 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
__ (40)
(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (OCT 2015) of 52.223-13.
__ (41)
(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY
2020) ( 42 U.S.C. 8259b).
__ (43)
(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT
2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (JUN 2014) of 52.223-16.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While
Driving (JUN 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (47)
X (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
_X_ (48) 52.225-1, Buy American-Supplies (NOV 2021) ( 41 U.S.C. chapter 83).
__ (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV
2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.
S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (JAN 2021) of 52.225-3.
__ (iii) Alternate II (JAN 2021) of 52.225-3.
__ (iv) Alternate III (JAN 2021) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (OCT 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial
Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial
Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN
2017) ( 15 U.S.C. 637(d)(13)).
__ (63)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (APR 2003) of 52.247-64.
__ (iii) Alternate II (NOV 2021) 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 products and commercial services:
[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (AUG
2018) ( 41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY
2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-
Price Adjustment (Multiple Year and Option Contracts) (AUG
2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-
Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor
Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order
14026 (JAN 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.
13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).
(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, as defined in FAR 2.101, on the date of award of this contract, 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 this paragraph (e)(1) in a subcontract for commercial products or commercial services. 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 (NOV
2021) ( 41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (OCT
2018) ( 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN
2020) ( 29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).
(xi) 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.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).
(xiii)
(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) ( 41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order
14026 (JAN 2022).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.
13706).
(xix)
(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United
States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN
2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV
2021) ( 46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
SECTION 6 – PROVISIONS
6.1 FAR 52.252-1 SOLICITATION PROVIIONS 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: https://www.acquisition.gov/far/index.html.
The following solicitation provisions apply to this acquisition:
FAR 52.203-18
FAR 52.204-16
Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation (Jan 2017)
Commercial and Government Entity Code Reporting (Aug 2020)
FAR 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations – Representation (Nov 2015)
FAR 52.222-22 Previous Contracts and Compliance Reports (Feb 1999)
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification (Jun 2020)
6.2 FAR 52.212-3 OFFERORS REPRESENTAIONS AND CERTIFICATIONS –
COMMERERCIAL ITEMS (NOV 2021)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision
(End of Provision)
SECTION 7 – PREPARATION AND SUBMISSION OF QUOTE
7.1 GENERAL
Quote(s) submitted in response to this solicitation shall be written clearly, concisely, well-ordered, indexed, and logically assembled. The Government intends to award without clarifications with Vendor(s); therefore, the Vendor(s) initial submission should be clear and complete and contain the Vendors best terms and prices. Quote submissions shall remain valid for a minimum of 90 calendar days from date of receipt.
Vendor(s) are responsible for submitting quotes, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in this RFQ by the time specified in the RFQ. Any quote, modification, revision, or withdrawal of a quote received at the Government office designated in this RFQ after the exact time specified for receipt of quote is “late” and will not be considered. Vendor(s) are responsible for ensuring that their quote responds to the requirements of this solicitation, and are responsible for ensuring that the quote contains sufficient detail for the Government to evaluate their quotes.
7.2 FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (NOV 2021)
All questions in response to this combined solicitation/synopsis shall be submitted electronically to Maria Anguiano, Contracting Officer, manguiano@peacecorps.gov on or before September 8, 2022 at 1:00 PM Eastern Time.
Vendors shall submit quotes electronically to Maria Anguiano at manguiano@peacecorps.gov. All quotes are due no later than September 12, 2022 at 1:00 PM Eastern Time.
7.3 QUOTE SUBMITTALS
Quotes should Include the following:
o Company Name o Company CAGE or UEI o Company mailing address o Company POC o Company POC Job Title o Company POC phone number o Company POC e-mail address o FFP for the products listed in Section 2 – Statement of Work.
SECTION 8 - EVALUATION FACTORS FOR AWARD
8.1 FAR 52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Price and Technical Capability.
Technical Capacity is equally important to price.
(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.
(End of provision)
8.2 FACTOR 1: TECHNICAL CAPABILITY
The single source vendor shall provide ten (10) Law 360 enterprise level subscriptions in accordance with the Statement of Work.
This will be evaluated on an “Acceptable” or “Unacceptable” basis. In order to receive an “Acceptable” rating the quote must provide ten (10) Law 360 enterprise level subscriptions in accordance with the Statement of Work. A quote that is evaluated as “Unacceptable” for any requirement will not be considered for award.
8.3 FACTOR 2: PRICE
The single source vendor is encouraged to provide their best price and discounts. The Government will evaluate Price to ensure it is complete, reasonable, and realistic.
The total evaluated price will be the sum of the base and all option periods, including FAR 52.217-8 (Option to Extend Services). For evaluation purposes, FAR 52.217-8 will be evaluated by dividing the price of option year 4 in half. The Government will determine whether the price, inclusive of all options (including options available under FAR 52.217- 8), in combination with the other evaluation factors specified in the solicitation, represents the best value to the Government.
8.4 BASIS FOR AWARD
In accordance with FAR 13.106(b) soliciting from a single source, the Government anticipates receiving one quote from the single source vendor that possesses the Law 360 exclusive licensing agreements. The single source quote received from this solicitation will be evaluated for technical capability and determination that prices are fair and reasonable. The evaluation of the quote(s) received shall be on the basis of FAR part 13.
END OF SOLICITATION
File details come from the government source that posted it. Updated .