191NLE21Q0018 SOW Accreditation of Mexico Federal and State Prison Facilities.pdf

Bureau of International Narcotics and Law Enforcement Affairs (INL)

U.S. Embassy Mexico

INL/Mexico

191NLE21Q0018

Accreditation of Mexico Federal and State Prison Facilities

LIST OF SECTIONS AND APPENDICES

Section 1 - Solicitation Considerations

Section 2 - Submission Information Pertaining to Request for Quote

Section 3 - Quote Submission Format and Requirements

Section 4 - Statement of Work (SOW)

Section 5 - Basis of Award and Evaluation Criteria

Section 6 - Contract Clauses

Appendix A - Technical Specifications of Items (Brand Name or Equal)

Appendix B - Performance Requirements

Appendix C – Deliverables

Appendix D- Delivery Information

Appendix E - VAT Reclamation

(Rest of Page Intentionally Left Blank)

SECTION 1

SOLICITATION CONSIDERATIONS

SYSTEM FOR AWARD MANAGEMENT

This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to FAR 4.1102 and other applicable regulations and guidelines.

Information can be found at www.sam.gov.

TRADE AGREEMENTS ACT (19 U.S.C. 2512(A)) (TAA)

Pursuant to the Trade Agreements Act (19 U.S.C. 2512(a)) (TAA), Federal acquisitions of supplies may be made only from offerors that shall supply products of an eligible country under any of the free trade agreements entered into pursuant to the TAA. An article is considered a product of a country only if it is wholly a product of that country or if it has been, substantially transformed, in that country into a new and different article of commerce with a name, character, or use distinct from that of the original article(s). Note that any item that is a discreet article as it is sold in commerce, regardless of its ultimate function or use, cannot be considered, substantially transformed, and based solely on its integration into IT or other systems

UNAUTHORIZED DISCLOSURE

The Contractor and its employees shall exercise the utmost discretion concerning all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract, which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer.

All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use and become the exclusive property of the

U.S Government. Furthermore, no article, book, pamphlet, email, recording, broadcast, speech television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do no cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

See FAR 3.104 for additional information.

SECTION 2

SUBMISSION INFORMATION PERTAINING TO REQUEST FOR QUOTE

INFORMATION TO CONTRACTOR

Contractors are reminded that information furnished under this Request for Quote (RFQ) may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business or that contain trade secrets or proprietary or personnel information shall be clearly marked. Marking of items shall not necessarily preclude disclosure when Department of State (DOS) determines disclosure is warranted by

FOIA. However, if such items are not marked, all information contained within the submitted documents shall be deemed releasable.

QUESTIONS CONCERNING THE REQUEST FOR PROPOSAL

Offerors are warned against contacting any INL personnel other than the Contracting

Officer and Contract Specialist prior to award of the Contract resulting from this RFQ. If such a contact occurs and found to be prejudicial to competing vendors, the vendor making such a contact may be excluded from award consideration.

No information concerning this RFQ shall be provided in response to telephone calls. All such requests shall be submitted in writing to the Contracting Officer and Contract Support

Specialist via email.

QUESTION AND ANSWER PERIOD

Answers to inquiries/questions, if given, shall be provided in writing to all vendors being solicited, via email.

Written questions relating to this RFQ shall be accepted through:

Question and Answer Period 1:

12:00 P.M. (local Washington D.C. time) Thursday 10 December 2020.

Any communications in reference to this RFQ shall cite the reference section title and page number, and directed to the following individual:

Name: Mohan N Krishnakumar

Title: Contract Specialist

E-mail: krishnakumarm@state.gov

NOTICE OF RFQ CLOSING DATE AND TIME

All offers shall be submitted to the designated Government Representative, via email.

Proposals relating to this RFQ shall be accepted through:

Closing Date and Time:

12:00 P.M. (local Washington D.C. time) on the following date: Tuesday 22

December 2020.

mailto:krishnakumarm@state.gov

Any communications in reference to this RFQ shall cite the reference section title and page number, and directed to the following individual:

Name: Mohan N Krishnakumar

Title: Contract Support Specialist

E-mail: Krishnakumarm@state.gov

PERIOD OF ACCEPTANCE OF OFFERS

All Quotes must be valid for 90 days from the closing date for this solicitation. Contractors shall agree, if the proposal is accepted within ninety (90) calendar days (unless a greater period is inserted by the contractor) from the date specified in the solicitation for receipt of proposals, to furnish any or all of the requirements upon which prices are proposed at the price set opposite each item, performed and/or delivered at the designated point(s) within the time specified. No exceptions or qualifications

CONTRACTOR RELATIONSHIPS

The Department of State (DOS) encourages the use of subcontractors. In addition, the

Department requires that any potential Organization Conflict of Interest be identified in the proposal to ensure proper firewalls established prior to award.

MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS

Contractors shall not submit, nor shall the Government accept or evaluate, multiple proposals offering alternative solutions. Contractors shall not submit, nor shall the

Government accept or evaluate, multiple solutions within one proposal.

mailto:Krishnakumarm@state.gov

SECTION 3

QUOTE SUBMISSION FORMAT AND REQUIREMENTS

SELLER REQUIREMENTS

All responsible vendors that submit quotations pursuant to the requirements outlined in this document and the applicable socio-economic set-aside shall be considered by INL.

FORMAT FOR TECHNICAL AND COST/PRICE QUOTATION

File Format Requirements

Vendors’ technical proposals / price quotations shall:

Be viewable in either: Microsoft Word 2010, Excel 2010, PowerPoint 2010, Adobe

Reader XI, or Adobe Acrobat Pro X (as applicable and appropriate).

Limit the number of pages to no more than fifty (50), 12 Point Font, Times New

Roman.

Vendor shall be limited to no more than five (5) separate digital files for a proposal package.

FORMATTING REQUIREMENTS:

Volume I – Technical Proposal

Part A: Product Details o Full details and specification required, including breakdown of differences if not offering brand name.

Part B: Importation/Exportation Plan

Part C: Previous Delivery Experience

Part D: Past Performance

Volume II – Cost/Price

Cost Breakdown for All Items

AT A MINIMUM, A PROPOSAL PACKAGE MUST INCLUDE: *see below

Detailed itemized technical specifications/product details (with pictures)

Previous Delivery Experience

Past Performance

Completed Firm Fixed-Price CLIN Structure (via SF-1449) o All prices shall reflect USD o All proposals must include a complete cost breakdown in separate pricing matrix

Description of any special features, testing procedures and any value-added services

Delivery information and shipping services including terms and conditions

Warranty information

Price: Firm fixed prices for all offered items and services (identify any discounts offered) shall be included.

Description: Description/nomenclature of the item being quoted; product literature may be provided. Quotation must demonstrate compliance with all required features and specifications as outlined in the RFQ (i.e. Appendix A). Also include description of warranty terms, special features or value-added items and services, and any non-contract items (i.e. open market items).

Proposals that include only the information found in the solicitation (e.g., copied/pasted) will not be considered a complete proposal.

DUNS and SAM: Include DUNS number and statement that the vendor is registered in

SAM as appropriate business type under referenced NAICS code. (See section 4 “SOW”)

Certifications: Completed certifications (FAR 52.212-3) or statement that the certifications are included already at the SAM web site (sam.gov).

Past Performance: A list of contracts within the last two (2) years for the provision of comparable requirements to federal or commercial customers. The list shall include contact information (name, organization, email, and phone) and limited to no more than five (5) references.

Should a warranty be required, a complete description of all warranty terms and conditions must be included in the proposal. For more information on minimum warranty specifications, see: Appendix A, “Warranty.”

Vendor submissions must include a detailed description of the items that will be provided.

This information may include, but is not limited to, part or manufacturer numbers, brand names (if applicable), line drawings, or photographs.

Product Images Required – Yes/No: YES

If marked “YES,” the vendor must provide color photographs, clearly depicting the items described in “APPENDIX A” of this solicitation. This requirement does not apply to Line

Items that do not reference physical products incapable of being photographed, such as training services or warranty.

Government reserves the right to disqualify offerors that do not submit all required documentation, otherwise do not comply with the above proposal restrictions, or any other requirements outlined in this document.

Additional information regarding offeror submissions may be found in Section 2, “SUBMISSION INFORMATION PERTAINING TO REQUEST FOR QUOTE”

SECTION 4

STATEMENT OF WORK (SOW)

1. GENERAL

The Contractor shall provide all labor, services, materials, equipment, transportation, supervision, and all requirements necessary to accomplish the efforts described in this

Scope of Work (SOW).

2. BACKGROUND

The Bureau of International Narcotics and Law Enforcement Affairs (INL) leads the

Department of State’s anticrime and counter-narcotics efforts. INL’s mission is to minimize the impact of international crime and illegal drugs on the United States, its citizens, and partner nations by providing effective foreign assistance and fostering global cooperation.

INL supports our partner nations on stabilization and strengthening of security institutions to build a global security capacity for combating drug trafficking and other transnational crimes such as money laundering and criminal gangs. INL also provides assistance to the

Government of Mexico (GOM) to improve prisons conditions to more effectively manage its inmate population to prevent transnational criminal organizations from operating inside prisons.

The accreditation project is being sponsored under the Merida Initiative. The Mexican

Penitentiary System is continuing with the accreditation process utilizing the International

Core Standards. Under the Merida Initiative, the U.S. Department of State (DOS), as well as other agencies, is supporting the professionalization of the Mexican Penitentiary System at the federal, state, and local levels. The Bureau for International Narcotics and law

Enforcement Affairs (INL) US Embassy in Mexico City has been designated the lead agency within the DOS to implement the Merida Initiative programs. The Government of the United States and the Government of Mexico (GOM) have agreed to continue a national accreditation program for the Mexican Federal and State Penitentiary system with the objective of assisting the GOM in significantly reducing the levels of violence in the local, state, and federal correctional facilities.

One of the Mexican Penitentiary System’s challenges is to ensure that there is significant control of correctional environments that are free from corruption, providing a safe and secure environment, which allows reinsertion back into their communities. To fulfill this mission, Mexico needs to correct physical conditions, develop personnel who can do their jobs effectively, apply and standardize appropriate procedures, implement treatment programs, evaluate progress, and generate feedback mechanisms for prison operations.

3. OBJECTIVE

The overall objective of this effort is to enhance prison conditions by achieving compliance of the International Core Standards developed by American Correctional Association

(ACA), which is evaluated by an audit performed by experienced auditors from ACA. An audit involves a thorough assessment of every facility in the process of accreditation or re-accreditation, it will determine if the facility is compliant with the series of mandatory standards involving administration and management, physical plant, institutional operations and services, and inmate programs. In this audit, the auditors have the responsibility of raising issues and concerns that may influence the quality of life of inmates and staff. If the penitentiary facility successfully approves said audit, they will be moved to the next phase, which involves a panel hearing that will determine the acquisition of accreditation or reaccreditation for five years for the institution.

Specific objectives of this project are to:

Accredit / reaccredit up to fifty (50) prisons, including central offices, per year

(allocated between federal and state facilities)

Perform three (3) technical assistance visits (TAV) per year

4. SCOPE

The scope of this project will be to perform audits to evaluate Mexican prisons, and central offices that are in the process of receiving accreditation and re-accreditation by the

American Correctional Association. An audit consists in the assessment of a penitentiary facility and it will cover a variety of subjects involving, but not limited to, administration and management, institutional operations and services, the physical state of the facility, as well as the quality of life conditions for staff and inmate population. The acquirement of accreditation or re-accreditation is dependent upon the successful approval of said audit.

Audits shall be based on the compliance of accreditation standards developed by the

American Correctional Association and the contractor will perform them. The contractor shall provide all required services, logistics and supplies/equipment necessary to accomplish the objectives of this contract.

5. PERFORMACE REQUIREMENTS

Provide technical assistance in case INL requires clarification on policies and procedures related to the applicability of particular standards or expected practices.

Select and assign visiting committee auditors, including at least one Spanish speaker at a 2/2 level for each audit requested.

Conduct up to fifty (50) audits per year based on a firm fixed price (claim per audit).

Prepare visiting committee reports in both Spanish and English for each audit within

10 business days of visit.

Review and respond to plan of actions for non-compliance standards within 10 business days of receipt.

Conduct panel hearings for each audit.

Conduct technical assistance and or monitoring visits, if needed.

Track and review annual facility reports.

Provide translation into Spanish of all relevant documents/reports, including, but not limited to audit reports, conference materials, and other documents as necessary.

INL/Mexico will not provide translation services.

The table that follows lists the specific tasks, actions, audits and reports required under this

SOW. A quarterly report template is provided in Annex A.

Table 1

Tas k

Description Duration/Outcom e

Completion/Timefram e

Distributio n

001 Perform up to fifty (50) facility audits per year with at least one

Spanish speaking auditor at a 2/2 level, available at each audit.

2-3 days each 2 audits / week GOM, COR, SLE

Corrections

Program

002 Perform a total of

3 TAVs per year in state and federal facilities

1-2 days each TAVs / week GOM, COR, SLE

Corrections

Program

003 Deliver preliminary documentation in

Spanish and

English to INL for facility visits/audits including name of both auditors, and copies of passport, ticket details, and hotel reservation information. INL will provide a specific format to provide this information following contract award.

Required for each facility visit/audit

Deliver at least 10 business days before facility visit/audit

COR, SLE

Corrections

Program

004 Deliver completed written reviews of documents for

1 per audit 10 business days after completion of audit(s)

COR, SLE

Corrections

Program each facility audited in

Spanish and

English

005 Deliver completed documents and forms required for facility accreditation

1 per audit 10 business days after completion of audit(s)

COR, SLE

Corrections

Program

006 Produce complete audit reports with recommendation s for the

Commission on

Accreditation for

Corrections

(CAC)

2 weeks prior to panel hearing

10 business days prior to panel hearing

COR, SLE

Corrections

Program

007 Conduct and attend panel hearings with review materials in items 004, 005, and 006. Deliver

4 accreditation certificates per facility during each hearing

2 panel hearings per year during ACA

Summer or Winter

Conference, covering up to 20 facilities each time

At conclusion of hearing COR, SLE

Corrections

Program

008 Submit an annual project plan.

(PMP)

1 per year Within 30 days of notice to proceed/contract signing

COR, SLE

Corrections

Program

009 Submit receipts, invoices, and other receipts for travel cost reimbursement to

INL within 10 business days of the end of the completed travel

Required for each facility visit/audit

Within 10 business days of completed travel

COR

010 Submit comprehensive budget accruals and expenditure report

Quarterly Within 30 calendar days of the end of the quarter

COR

011 Submit

Performance

Report

Quarterly Within 30 calendar days of the end of the quarter

COR

012 Submit

Monitoring &

Evaluation

(M&E) Report

Quarterly Within 30 calendar days of the end of the quarter

COR, SLE

Corrections

Program

All documentation and reports shall be delivered in electronic format in Spanish and

English.

All documentation and reports developed or provided by the contractor shall become property of the U.S. Government.

All deliverables, including attachments, shall comply with the data right clauses incorporated in the contract. The Government will reject all deliverables containing markings contradicting said clauses.

All deliverables shall include a cover page incorporating the following information:

Deliverable name and number

Contract number

Project title

Date of submission

INL Recipient

Document version number

Contractor’s name

Deliverables longer than five (5) pages shall include a table of contents. All attachments shall include the attachment number, deliverable name and number, and contract number.

6. PERIOD OF PERFORMANCE

The contract will have one (1) base year plus three (3) option years. The Contractor shall complete all work and documentation, no later than twelve (12) months from date of contract award or the execution of the optional years.

7. PLACE OF PERFORMANCE

Audits will take place in state or federal prisons, or central offices located within Mexico

(audits/TAVs), and at conference centers in the U.S. (panel hearings during the ACA conferences).

8. INCENTIVES AND RELATED CONSIDERATIONS

Timely completion and submission of reports and audits is critical to GOM maintaining the pace and flow of its corrections standardization and improvement. Therefore, the initial contract will be for a period of one (1) year with up to three (3) one-year optional years, renewable every year. The U.S. Government may or may not exercise its right to extend for any/all option years. In addition, the GOM and INL may re-tender the contract following more than three late reports or audit result submissions. Therefore, the following provisions apply to this project:

Deliverables provided in accordance with the scheduled date or timeframe are considered acceptable under the terms of the contract and fully agreed-upon payments will be made to the contractor.

Any deliverables submitted late will result in a negative CPARS rating.

Poor performance on this contract will determine whether the government will exercise an optional year.

9. SPECIAL REQUIREMENTS

Project Management. The Contractor shall provide project management services to ensure all services are accomplished in accordance with contract requirements and performed in a timely manner.

Project Management Plan. The contractor shall provide a Project Management Plan (PMP) after award of contract or execution of year notice in annual basis. The PMP shall include a detailed representation of tasks, and required subtasks, to be performed (cross-referenced to the requirements of this SOW and the contractor’s technical proposal) for timely completion of the project. The plan shall define in detail all project milestones and associated completion schedules.

Quarterly Project Report. The contractor shall provide (electronically) quarterly project reports on activities completed, pending action items, and activities planned for the following week on each Tuesday during the duration of the project. The Quarterly Project

Report shall follow the example given in Annex A, “Quarterly Report Template” and should be structured in such a way to permit cross-reference to the SOW and contractor’s technical proposal, and shall include at the minimum the following sections:

Document Control Section. Shall include contract number, recipient organization, program/project/activity title and location.

Report Details. General objective, specific objectives, activities performed, goals, performance/outcome measures, problems/success to report and follow up to be done.

Technical Progress Section. This section shall compare actual to planned performance and indicate the progress made in accomplishing each contract task. The report shall include relevant details for assessing the status of performance, i.e., a brief, factual summary description of the technical progress made. The section shall identify any unforeseen technical difficulties, which may threaten on-time completion of the contract. The section shall indicate the specific task that is not progressing according to plan; the reasons for the difficulty; and specific recommendations for remedial action.

Monitoring and Evaluation. The project includes a monitoring and evaluation component to measure the impact of the activities undertaken, as well as the continuous monitoring of the activities by the INL Program Office and M & E team.

The contractor will also comply with INL reporting requirements, including but not limited to, providing and/or inputting basic biographical data on correctional facilities visited, submitting diagnostic, follow-up, pre-audit and audit reports into INL’s online “facility tracker” system, collection and submission of all data required for INL to conduct Leahy

Vetting as legally obligated, and any other reports that INL may require throughout the period of performance of this project.

Project Closeout. The contractor shall provide complete documentation for all deliverables under this contract. At a minimum, the closeout documentation must include:

Final Reports and billing invoices.

10. QUALITY ASSURANCE

Quality Assurance and Surveillance Plan. The Quality Assurance and Surveillance Plan

(QASP) is designed to provide an effective surveillance method to promote effective

Contractor performance. The QASP provides a method for the INL to monitor Contractor’s performance and advise the Contracting Officer of unsatisfactory performance. The

Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to conduct quality assurance to ensure that contract standards are achieved.

Performance

Objective

Standard and

Acceptable Quality

Level (Maximum allowable deviation)

Incentive/

Disincentive

Calculation

Performs all services set forth in the scope of work

(SOW).

All required work is properly performed and no more than one (1) complaint is received per month.

Negative

Incentive:

Low rating in

CPARS;

appropriate action under the inspection and termination clauses of the contract.

Performance:

number of valid written complaints during the month.

Deliverables and reports are high quality, complete, and timely.

Deliverables and reports are written clearly and concisely, comply with all contract requirements, and are professionally sound.

Deliverables and reports are timely distributed to

Negative

Incentive:

Low rating in

CPARS;

appropriate action under the inspection or termination clauses of the contract.

Number of deliverables or reports that are either untimely or not in accordance with purchase order requirements.

all parties identified in the contract.

Spell and grammar checks are accomplished on all deliverables.

No deliverables or reports are submitted late or not in accordance with contract requirements.

Surveillance. INL will receive and document all complaints from Government personnel regarding the services provided. If appropriate, INL will send the complaints to the

Contracting Officer for transmittal to the Contractor for corrective action.

Standard. The performance standard is that the Government receives no more than one (1) complaint per month. INL shall notify the Contracting Officer of the complaints so that the

Contracting Officer may take appropriate action to enforce the applicable inspection clause, if any of the services exceed the standard.

Procedures.

1. If personnel observe unacceptable services, either incomplete work or required services not being performed, they should immediately contact INL.

2. INL will complete appropriate documentation to record the complaint.

3. If INL determines the complaint is invalid, INL will advise the complainant. INL will retain the annotated copy of the written complaint for his/her files.

4. If INL determines the complaint is valid, INL will inform the Contracting Officer who will contact the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The Contracting Officer shall determine how much time is reasonable.

5. The Contracting Officer shall, as a minimum, notify the Contractor by email of any valid complaints.

6. If the Contractor disagrees with the complaint and challenges the validity of the complaint, the Contractor shall notify the Contracting Officer. The Contracting

Officer will review the matter to determine the validity of the complaint.

7. The Contracting Officer will consider complaints as resolved unless notified otherwise by the complainant.

8. Repeat complaints are not permitted for any services. If a repeat complaint is received for the same deficiency during the service period, INL will contact the

Contracting Officer for appropriate action under the Inspection clause.

9. If the contractor fails to meet the performance standard, the Government reserves the right to take action under the Inspection clause, including a deduction from the invoice.

11. NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the request of an individual other than a duly appointed CO. Only a duly appointed CO is authorized to change the specifications, terms, and/or conditions of this contract.

12. KEY PERSONNEL

A) The U.S.-based Accreditation Specialist must be fully dedicated to the INL Mexico contract and will be the main point of contact between the contractor and the INL corrections team. Accreditation Specialist must also possess the following qualifications:

Strong organizational skills.

Experience performing audits in correctional facilities with ACA, or with a state or federal government correctional department.

Must have a demonstrated record of accomplishment in correctional subject matter areas of expertise.

Working knowledge of the INL correction program strategy and cooperation with the

ACA.

BA/BS (University degree equivalent) required.

Previous corrections, law enforcement or project management experience. Experience with the GOM or other Latin American governments preferred.

Working knowledge of the Microsoft Office suite to include Word, Excel, and Power

Point.

Ability to learn new software: INL Facility Tracker, S@mepage planning software for vetting, etc.

Must be able to effectively communicate in English and Spanish.

FSI level 4/4 English.

FSI level 2/2 Spanish.

The Accreditation Specialist description will be reviewed with INL Mexico and approved in writing. An INL representative will participate in interviews for the Accreditation Specialist, on a discretionary basis. INL Mexico reserves the right to review and provide final written approval for the position listed above.

B) The visiting committee auditors should fulfill, but not limited to following qualifications:

At least one of the auditors selected for the same visit must be fully bilingual

(English/Spanish), capable of speaking, writing and understanding the Spanish language with minimum assistance from interpreters/translators.

Must have at least five (5) years of demonstrated experience working in correctional settings (adult, juvenile, training academy and/or central office).

Must have at least three (3) years of experience in the ACA accreditation process (adult, juvenile, correctional training academy and/or central office). Preference must be given to auditors with previous experience with the ACA accreditation process in Mexico.

Knowledge and understanding of the correctional system in Mexico.

Participate in at least one training session related to the accreditation process in Mexico under the International Core Correctional Standards for Mexico or the most current version of the standards applicable.

Be culturally sensitive and respectful of Mexican multicultural expressions, customs and variations within the country.

Possess a valid passport.

Follow and comply with any and all security requirements established by the US Embassy in Mexico City regarding traveling within Mexico, especially considering the limitations or restrictions to travel to certain areas in the country. US citizens must adhere to any travel restrictions by the US Department of State.

13. TYPE OF CONTRACT

This will be a firm-fixed price, One Base Year plus up to three option years. No additional amounts will be paid to the contractor based on fluctuations in prices of proposed items or incurred costs for actual work performed.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

See FAR 3.104

SENSITIVE BUT UNCLASSIFIED SENSITIVE BUT UNCLASSIFIED

SECTION 5

BASIS OF AWARD AND EVALUATION CRITERIA

BASIS OF AWARD

The Government anticipates issuing a Purchase Order to the Vendor whose Quote provides the best value to the Government, price, and other factors considered.

The Government; intends to evaluate proposals and award a contract without discussions with offerors; reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary; and reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract.

BRAND NAME OR EQUAL/MEET OR EXCEED

This requirement is Brand Name or Equal, per FAR part 52.211-6 Brand Name or Equal. The items listed in the RFQ and affiliated appendices are intended to be descriptive, but not restrictive, and are to indicate the quality and characteristics of products that will be satisfactory.

Bids offering “equal” products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements listed in the invitation.

AUTHORIZATIONS AND EQUIPMENT REQUIREMENTS

The seller certifies that it is an authorized distributer of the similar product being sold to the

Department of State and that it has the certification/specialization level required by the manufacturer, to support both the product sale and product pricing, in accordance with applicable manufacturer certification/specialization requirements. Unless otherwise specified, Seller warrants that the products are new and in their original box(es).

New equipment ONLY, NO grey market or refurbished products. Items shall be in original packaging, never used, and not altered in any way. Components of the requested equipment, to include memory, shall be manufacturer-approved and may not be compatible, remanufactured, or refurbished equipment. All items shall be covered by manufacturer’s warranty and procured through a manufacturer approved distribution channel. Sellers shall be able to document their ability to provide items through manufacturer approved distribution channels upon request.

The Seller confirms to have sourced all products submitted in this Quote from manufacturer-approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s current applicable policies at the time of purchase. Seller shall be able to support both the product sale and product pricing, in accordance with applicable manufacturer certification / specialization requirements.

If software is provided or included, Seller shall, upon request, provide Buyer with a copy of the

End User License Agreement. Seller certifies that all software is licensed originally to Buyer as the original licensee authorized to use the software.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

CLIN CONSIDERATIONS

The vendor must be able to demonstrate that it has the necessary resources to provide on-time delivery at a high level of quality.

Separate awards will not be made for each system component. As such, multiple awards within each line item will not be considered; all items in a given line item will be awarded to only one vendor.

Availability of the equipment, delivery, and warranty under this RFQ will be determinant for technical acceptability.

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

SECTION 6

CONTRACT CLAUSES

Clauses Incorporated by Reference

52.203-3 --Gratuities (Apr 1984)

52.203-17 --Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (June 2020)

52.204-4 -- Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-13 -- System for Award Management Maintenance (Oct 2018)

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

52.212-4 -- Contract Terms and Conditions -- Commercial Items (Oct 2018)

52.217- 7 -- Option for Increased Quantity -- Separately Priced Line Item (Mar 1989)

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

652.219-71 – Section 8(A) Direct Awards (Aug 1999)

652.225-71-- Section 8(a) of the Export Administration Act of 1979, as Amended (Aug 1999)

652.229-70 -- Excise Tax Exemption Statement for Contractors Within the United States (July

1988)

652.232-70-- Payment Schedule and Invoice211 Submission (Fixed-Price) (Aug 1999)

652.247-71 – Shipping Instructions (Feb 2015)

Provisions Incorporated by Reference

52.204-7 -- System for Award Management (Oct 2018)

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

52.211-6 -- Brand Name or Equal (Aug 1999)

52.212-1 -- Instructions to Offerors -- Commercial Items (June 2020)

Clauses Incorporated by Full Text

52.212-5 --Contract Terms and Conditions Required to Implement Statutes or Executive

Orders -- Commercial Items (July 2020)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

(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 items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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.) 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

(June 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. (Jun 2020) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15

U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of 52.219-6 (15

U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6 .

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C.

644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

X (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 (Jun 2020) (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 (Jun 2020) of 52.219-9

X (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.

X (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Mar 2020) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (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 (Mar 2020) (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

(Mar2020) (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)).

X (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (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 (Jan2020)

(E.O.13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

X (31) (i) 52.222-35, Equal Opportunity for Veterans (June 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (June 202) (29

U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (June 2020) (38 U.S.C. 4212).

X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

X (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

X (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 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 (June 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

X (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014)

(41 U.S.C. chapter 83, 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 (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) 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 (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

__ (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 (Nov2007) (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 (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (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 (Feb

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) 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 items:

[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 Under Executive Order 13658 (Dec 2015).

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 items.