Online_Legal_Research_-_RFQ_140D0418R0005.pdf

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

RFQ 140D0418R0005 Page 1 of 17

November 14, 2017

To: All Prospective Offerors

From: Acquisition Services Directorate / Interior Business Center

Subject: Online Legal Research with Technical Support and Continuous Legal Education (CLE) for the Department of the Interior (DOI), Office of the Solicitor (SOL), in Washington, DC.

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) The solicitation number is 140D0418R0005 and is a Request for Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95, included FAC 2005-94, dated 01-19-2017.

(iv) This is not a small business set-aside. This synopsis/solicitation is issued as a full and open competition.

The associated NAICS Code and Size Standards are as follows:

a. NAICS Code: 519130, Internet Publishing and Broadcasting and Web Search Portals

b. Size Standard: 1,000 Employees

(v) Contract Line Item Numbers (CLIN):

Period of

Performance CLIN Description Contract Type Price

Base Period 00010 Online Legal Research Services with Technical Support (for up to 525 users within DOI)

Firm-Fixed Price $____________

00020 Continuing Legal Education Services (for up to 400 SOL users)

Firm-Fixed Price $_____________

Option Year 1 00030 Online Legal Research Services with Technical Support (for up to 525 users within DOI) https://www.acquisition.gov/far/html/Subpart%2012_6.html#wp1088488

RFQ 140D0418R0005 Page 2 of 17

00040 Continuing Legal Education

Option Year 2 00050 Online Legal Research Services with Technical Support (for up to 525 users within DOI)

Firm-Fixed Price $_____________

00060 Continuing Legal Education Services (for up to 400 SOL users)

Firm-Fixed Price $_____________

Option Year 3 00070 Online Legal Research Services with Technical Support (for up to 525 users within DOI)

Firm-Fixed Price $_____________

00080 Continuing Legal Education

Option Year 4 00090 Online Legal Research Services with Technical Support (for up to 525 users within DOI)

Firm-Fixed Price $_____________

00100 Continuing Legal Education

(vi) Description of Requirements: This requirement is for online, automated legal research subscription services along with technical support and continuing legal education.

Please see Attachment 1: Statement of Work (SOW) dated September 08, 2017 for specific requirements.

(vii) Period of Performance: The period of performance will be for one (1) twelve (12) month base period from the date of award plus four (4) 12-month option periods that may be unilaterally exercised by the Government.

Delivery: Online Legal Research and Continuing Legal Education services must comply with all delivery requirements as specified in the Statement of Work (SOW) as well as Section 508 of the Rehabilitation Act of 1973, as amended.

RFQ 140D0418R0005 Page 3 of 17

(viii) 52.212-1 Instructions to Offerors – Commercial Items (Jan 2017), applies to this acquisition. As an addendum to this provision, Offerors are instructed to submit questions and quotations per the following instructions:

For the purposes of this acquisition, any reference to submission, offer, offeror, quote, or quoter are all synonymous with a quote.

Quote Format

Volume 1: Technical Quote is limited to 30 pages. There is no limitation on the number of pages for the Price Quote. The Cover Page, Table of Contents, and the Voluntary Product Assessment Template are excluded from the page limitations of their respective volumes.

All documentation submitted shall be in any font style, but no smaller than point size 11, single spaced, single sided, 8.5 X 11 inch paper. Graphics may be in any font, no smaller than point size

8. Any pages larger than 8.5 X 11 inches will be considered 2 pages. Any pages in excess of the page limits specified will not be evaluated.

Quotes shall be provided in two (2) separate volumes as directed below.

The failure to submit any of the information requested in this RFQ may lead to the rejection of your quotation without further consideration.

Volume 1 - Technical Quote:

A Cover Page that precedes Volume I shall be provided. The Cover Page will include the following information:

1. Name and Address of Offeror;

2. Corresponding solicitation number and acknowledgement of solicitation amendments;

3. Tax Identification Number (TIN);

4. Dun & Bradstreet Number (DUNS);

5. Small Business Representations made by the Vendor;

6. Contact Name(s) and Contact Information

7. Solicitation Number and Date of Quotation

The technical quote shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The quote shall not simply rephrase or restate the Government’s requirements but rather, shall provide rationale to address how the Offeror intends to meet the requirements. The technical quote cannot make any reference to price.

Note - Offerors shall not include any price related information in their technical quote.

Technical Capabilities

Technical capabilities shall include sufficient information for the Government to determine the quality of the services and support offered to meet the requirements and deliverables as set forth in

RFQ 140D0418R0005 Page 4 of 17 the SOW. The offeror shall provide detailed information to describe its capability in providing the requirements as outlined in the SOW and included below:

1. Mandatory System Capabilities

2. Required Databases

3. Documentation

4. Support Services

5. Task 1 – Provide DOI/SOL Research and Technical Support

6. Task 2 – Provide Continuing Legal Education

7. Section 508 Requirements (VPAT to be submitted as an attachment)

Section 508 Compliance Responses to this solicitation will only be considered for award after it has been determined that the quote adequately addresses the requirements for Section 508. This evaluation is included as part of the Technical Capability factor. Only quotes which contain adequate information to document their responsiveness to the Section 508 requirements (e.g. a completed GPAT, VPAT or equivalent and supporting documentation) will be eligible for any additional merit consideration.

Section 508 Acceptance Criteria EIT Information Content delivered as a result of this solicitation will be accepted based in part on satisfaction of identified Section 508 requirements for accessibility. EIT delivered must include a completed GPAT, a sample of which is included as a part of this solicitation. GPATs provided as a result of this solicitation must be deemed as “acceptable” prior to award.

Past Performance

The offeror must provide no less than two, no more than three submissions, to include recent and relevant contracts for the same or similar services along with corresponding references (including contract numbers, points of contact with telephone numbers, and any other relevant information).

The government reserves the right to retrieve and evaluate past performance from other sources. If the reference has a CPARS, the offeror can provide those printouts as an attachment (does not count toward page limit).

Volume 2 - Price Quote and Assumptions:

Price quotes shall include the following information:

Assumptions, Conditions, or Exceptions

Offerors shall indicate, in this section only, if any price related assumptions have been made, conditions have been stipulated, or exceptions have been taken with this requirement. If not noted in this section of the quote, it will be assumed that the quotation reflects no price assumptions for award and agrees to comply with all of the terms and conditions set forth herein. It is not the responsibility of the Government to seek out and identify assumptions, conditions, or exceptions buried within the offeror’s quote. Accordingly, any price related assumptions, conditions, or exceptions listed in any other volume or section will be null and void.

RFQ 140D0418R0005 Page 5 of 17

Price

A firm-fixed price for the CLIN’s as provided in paragraph (v) above along with the basis for all pricing must be provided. Price quotes shall contain sufficient detailed pricing information to substantiate the proposed pricing.

Your price quote shall be a separate volume(s) from the technical quote and shall address any and all pricing related to those volumes.

(ix) 52.212-2 Evaluation—Commercial Items (October 2014), applies to this acquisition with the following included in paragraph (a):

Award will be made on a lowest price technically acceptable basis. Award will be made to the offeror whose quote is determined to be acceptable in the evaluation of the Technical Capability and Past Performance and is the lowest priced.

(x) 52.212-3 Offeror Representations and Certifications—Commercial Items (Jan 2017), must be completed and a copy included with the offer, unless the offeror’s System for Award Management record is current. If so, the offeror must state this in their quote.

(xi) 52.212-4 Contract Terms and Conditions—Commercial Items (Jan 2017), applies to this acquisition. The following addenda applies to this clause.

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provisions by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a provision may be accessed electronically at this address:

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

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

FAR 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)

FAR 52.209-7 Information Regarding Responsibility Matters. (Jul 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission http://www.acquisition.gov/far/

RFQ 140D0418R0005 Page 6 of 17

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

RFQ 140D0418R0005 Page 7 of 17

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

FAR 52.233-2 Service of Protest Department of the Interior (Jul 1996) (Deviation)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Craig Heggestad 381 Elden Street, Ste. 4000 Herndon, VA 20170

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor, Acquisitions and Intellectual Property, 1849 C Street, NW., Room 6511, Washington, DC 20240.

(End of Provision)

Department of the Interior Acquisition Regulations (DIAR) Provisions

DIAR 1452.215-71 Use and Disclosure of Proposal Information (Apr 1984)

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:

(1) "Trade Secret" means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) "Confidential commercial or financial information" means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers "commercial and financial information obtained from a person and privileged or https://www.acquisition.gov/

RFQ 140D0418R0005 Page 8 of 17 confidential," and exemption (9), which covers "geological and geophysical information, including maps, concerning wells."

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:

"The information specifically identified on pages ______ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract."

(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:

"This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal."

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.

(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.

(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by

RFQ 140D0418R0005 Page 9 of 17 the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

(End of Provision)

Acquisition Services Directorate Evaluation of Options Provision (Oct 2015)

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic award. This solicitation notified Offerors that the award will include the Government's unilateral option to extend performance for an additional period up to six months under FAR 52.217-8, during which the pricing and terms of the period in which the option was exercised would apply. The Government cannot predict if or when the option may be exercised.

Because any exercise of the Government's option extends the pricing and terms of the period in which the option was exercised, the Government expressly and affirmatively evaluates pricing for the option to extend under 52.217-8 co-extensive with the Government's price evaluation for each of the base and option periods of this award. Because pricing for each period subject to possible extension under the 52.217-8 has been evaluated, pricing for any possible future use of that option to extend has, likewise, been evaluated and would apply in strict accordance with this evaluation in the event of the Government’s exercise of the option to extend services.

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

FAR 52.204-18 Commercial and Government Entity Code Maintenance (July 2016)

FAR 52.224-2 Privacy Act (Apr 1984)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FAR 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 six months. The Contracting Officer may exercise the option by written notice to the Contractor within the current performance period.

(End of Clause) http://www.acquisition.gov/far/

RFQ 140D0418R0005 Page 10 of 17

FAR 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 one (1) day; 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 and six (6) months.

(End of Clause)

FAR 52.224-1 Privacy Act Notification (Jul 1996) (Deviation)

The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31,1974 (5 U.S.C.552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties. Applicable Department of the Interior regulations concerning the Privacy Act are set forth in 43 CFR 2, subpart D. The CFR is available for public inspection at the Departmental Library, Main Interior Bldg., 1849 C St. NW, Washington DC, at each of the regional offices of bureaus of the Department and at many public libraries.

(End of Clause)

FAR 52.252-6 -- Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation Supplement (DIAR) (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

DIAR Clauses

DOI 1452.201-70 Authorities and Delegations (Sep 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the

RFQ 140D0418R0005 Page 11 of 17 appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

Acquisition Services Directorate Custom Clauses

Custom Clause #1 – Post Award Evaluation of Contractor Performance

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (Nov 2016)

(1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts.

The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

RFQ 140D0418R0005 Page 12 of 17

(2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report.

Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

(4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

(5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

(a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

(b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

(c) All information provided should be reviewed for accuracy prior to submission.

(d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation.”

(e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

(f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

(6) The following guidelines apply concerning your use of the past performance evaluation:

Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

(a) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(b) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

RFQ 140D0418R0005 Page 13 of 17

(7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

(8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of Custom Clause)

Custom Clause #2 – AQD Electronic Invoicing and Payment – Requirements – Invoice Processing Platform (IPP) (Apr 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

INVOICE CONTENTS:

Invoices must include, as a minimum, the following information:

1. Contract/Purchase Order Number

2. Description of Service/Deliverable

3. CLIN/Line Item Number

4. Quantity of deliverable

5. Date deliverable was provided to the Government for inspection

The contractor is responsible for ensuring invoices submitted are accurate and complete, and all labor, travel and other direct costs are in accordance with federal guidelines, the FTR and other Government mandates and directives.

Additional supporting documentation MAY BE REQUESTED at the discretion of the COR or CO.

PAYMENT:

a. Payments under this order will be due 30 calendar days after the date of actual receipt of proper invoice in the office designated to receive the original invoice or final acceptance of the goods or services, whichever is later.

b. The date of the check issued in payment or the date of payment by wire transfer through the Treasury Financial Communications System shall be considered to be the day payment is made.

RFQ 140D0418R0005 Page 14 of 17

FINAL INVOICE:

Within sixty calendar days of product acceptance and/or completion of services:

a. The contractor shall submit a final invoice, designated as such by a clear statement of “FINAL INVOICE” on the face of the invoice document.

b. The contractor shall provide a certificate of completion which certifies all goods and service have been provided as required by this contract.

c. The contractor shall provide a release of claims against the government for any further payment under this contract.

The sixty calendar day submission timeframe shall not be extended without written authorization from the contracting officer. In the event items a, b, or c above are not submitted within the authorized timeframe, the contracting officer will make final cost determinations in order to make final payment and close out the contract unilaterally.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Custom Clause)

Custom Clause #3 - Section 508 Requirements

Section 508 Program Need Requirements for accessibility based on Section 508 of the Rehabilitation Act of 1973 (29 U.S.C.

794d) are determined to be relevant for the following program need: "EIT Information Content."

Section 508 Service Requirements EIT Information Content includes topics that address EIT products and EIT-related services.

Section 508 must be considered as a requirement on the delivered content to assure that it includes data and/or knowledge appropriate to specific Section 508 accessibility requirements. The specific requirements that apply depend upon the specific type of EIT referred to in the information content as well as the functional performance criteria detailed in 1194.31. Solicitation respondents must describe how their experience and skills will result in Electronic and Information Technology (EIT) deliverables meet at least those technical provisions identified as applicable in the attached Government Product/Service Accessibility Template (GPAT).

The EIT Information Content deliverable is intended to be posted on the agency's a website. Section 508 must be considered as a requirement on the delivered content to assure that it considers the mailto:ippgroup@bos.frb.org

RFQ 140D0418R0005 Page 15 of 17 specific Section 508 accessibility requirements detailed in 1194.22 as well as the functional performance criteria detailed in 1194.31. Solicitation respondents must describe how their proposed delivered content will result in Electronic and Information Technology (EIT) deliverables meet at least those technical provisions identified as applicable in the attached Government Product/Service Accessibility Template (GPAT).

The Information Content deliverable is intended to be made available in a multimedia format by the agency. Section 508 must be considered as a requirement on the delivered content to assure that it considers the specific Section 508 accessibility requirements detailed in 1194.24 as well as the functional performance criteria detailed in 1194.31. Solicitation respondents must describe how their proposed solution will result in Electronic and Information Technology (EIT) deliverables meet at least those technical provisions identified as applicable in the attached Government Product/Service Accessibility Template (GPAT).

Information, documentation, and support requirements from 36 CFR part 1194 Subpart D have been determined to apply to this acquisition. Solicitation respondents must describe how the information, documentation, and support proposed for Electronic and Information Technology (EIT) deliverables meet at least those information, documentation, and support requirements identified as applicable in the attached Government Product/Service Accessibility Template

(GPAT).

Custom Clause #4 – Disclosure of Information

The contractor will maintain, transmit, retain in strictest confidence, and prevent the unauthorized duplication, use, and disclosure of personnel information. The contractor will provide personnel information only to employees, contractors, and subcontractors having a need to know such information in the performance of their duties for this project. Information made available to the contractor by the Government for the performance of administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer. The contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each contractor or employee of the contractor to whom information may be made available or disclosed shall be notified in writing by the contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

(End of Clause)

Custom Clause #5 – Limited Use of Data

Performance of this effort may require the contractor to access and use data and information proprietary to a Government agency or government contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others. Contractor and/or contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorized Government personnel or upon written approval of the Contracting Officer. The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or

RFQ 140D0418R0005 Page 16 of 17 prohibit an agreement at no cost to the Government between the contractor and the data owner which provides for greater rights to the contractor.

All non-proprietary data received, processed, evaluated, loaded, and/or created as a result of this contract will remain the sole property of the Government unless specific exception is granted by the

CO.

(End of Clause)

Custom Clause #6 – Organizational Conflict of Interest

The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor make will a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

Remedies - The Contracting Officer may terminate this contract action for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for cause or debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

The Contractor further agrees to insert provisions which shall conform substantially to the language of this clause in any subcontract of consultant agreement hereunder.

(End of Clause)

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2017), applies to this acquisition. The following FAR clauses cited within 52.212-5 are applicable to this acquisition: 52.204-10; 52.209-6; 52.219-8; 52.219-28;

52.222-3; 52.222-21; 52.222-26; 52.222-35; 52.222-36; 52.222-37; 52.222-40; 52.222-50; 52.223- 18; 52.232-33; and 52.222-41.

(xiii) Additional Contract Requirements and Terms and Conditions: N/A

(xiv) Defense Priorities and Allocations System (DPAS) and assigned rating: N/A

(xv) Offerors are required to submit their quotes via email to Brandon_Butler@ibc.doi.gov and Craig_Heggestad@ibc.doi.gov on or before 3:00 PM Eastern Standard Time on Monday, December 4, 2017.

mailto:Brandon_Butler@ibc.doi.gov mailto:Craig_Heggestad@ibc.doi.gov

RFQ 140D0418R0005 Page 17 of 17

Please note: DOI utilizes Google as its email client and DOI email addresses can receive messages up to 25 megabytes (MB) in size. Offerors may break up their electronic submission into separate emails if size restrictions make it necessary. In this event, offerors are to number each separate email and include the total number of emails being sent in the subject line, e.g. “140D0418R0005 Proposal Submission for Online Legal Research, Email 1 of 3”

(xvi) All questions regarding this requirement must be submitted via email to Brandon_Butler@ibc.doi.gov and Craig_Heggestad@ibc.doi.gov no later than 3:00 PM Eastern Standard Time on Wednesday, November 22, 2017.

All email inquiries shall have “Question – RFQ 140D0418R0005” included in the subject line.

Questions submitted by a method other than email will not be accepted nor answered.

ATTACHMENTS:

Attachment 1: Statement of Work (SOW) Attachment 2: GPAT mailto:Brandon_Butler@ibc.doi.gov mailto:Craig_Heggestad@ibc.doi.gov