08.10_A000001_Vendor Questions - Government Response.pdf
PDF 148 KB Posted
- Attached to
- Government Purchase Card Automated System
- Solicitation number
- 192121FLMURQ0027A
- Issued by
-
Immigration and Customs Enforcement
About this file
This document contains questions from potential vendors and responses from the agency regarding a solicitation for a purchase card automated system. Key details include:
The solicitation seeks a commercial off-the-shelf subscription to a software-as-a-service purchase card automated system to be hosted by the contractor. The system must include all operations, maintenance, hosting, and helpdesk support. Potential vendors asked for clarification around licensing models, pricing evaluation factors, and terms and conditions. The agency confirmed annual pricing should be provided, removed inapplicable clauses around subcontracting, and clarified the system would be contractor-hosted with virtual access for users but no interface with government systems. Non-U.S. companies and work outside the U.S. are not eligible to bid. Proposals may be submitted by email and presentations will be done virtually.
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Text version
RFP# 192121FLMURQ0027
Attachment 4: Vendor Questions
SOW Paragraph Reference / Other
(Sample: SOW Para 5.1) Vendor Question Government Response
1 Combined synopsis/solicitation page
The Product Service Code is 7A21. Please clarify if a term software license is acceptable.
The Government expects a subscription to a Software as a Service (SaaS) Commercial Off the Shelf (COTS) software product. All operations & maintenance, hosting, helpdesk, etc. shall be included. A term license for the above described software subscription is acceptable.
2 Combined synopsis/solicitation 4.6.
Volume IV Price Evaluation Factor
The table defines the unit as “MO” and the quantity as “12.” The software license will be provided based on an annual price. Please revise the quantity and unit in the table.
RFP Section 4.6 revised.
3 Attachment 2 Terms and Conditions
The terms include FAR provision 52.212-3(b)(1) addressing the annual representations and certifications in SAM. Submission of an offer verifies the Offeror’s reps and certs in SAM are current, accurate, complete, and applicable to this solicitation. Please clarify if addressing an Offeror’s reps and certs in SAM in Volume I will comply with the combined synopsis/solicitation requirement 2.4.g.
The question is unclear to the Government.
The Offeror shall address any necessary fill-ins for FAR 52.212-3 as applicable. The Government needs to be aware if the Offeror’s representations and certifications currently posted in SAM are incorporated in the offer.
Otherwise, the Offeror should identify which paragraphs are excepted per FAR 52.212- 3(b)(2)
4 Attachment 2 Terms and Conditions
FAR clause 52.212-5(b) indicates FAR 52.219-9, 52.219-16, and 52.242-5 are applicable. Providing a COTS software product does not offer any subcontracting possibilities. Please delete these clauses from FAR 52.212-5.
Attachment 2 – Terms and Conditions revised to remove clauses.
Attachment 4: Vendor Questions
5 Attachment 2 Terms and Conditions
HSAR clause 3052.212-70 indicates HSAR clause 3052.219-71 and provision 3052.219-72 are applicable. Providing a COTS software product does not offer any subcontracting possibilities.
Please delete the clause and provision from HSAR 3052.212-70.
Attachment 2 – Terms and Conditions revised to remove clauses.
6 Attachment 2 Terms and Conditions
HSAR clause 3052.212-70 indicates HSAR clause 3052.219-70 is applicable. This clause could not be located in the HSAR in acquisition.gov. As noted above, providing a COTS software product does not offer any subcontracting possibilities. Please delete this clause from HSAR 3052.212-70.
Attachment 2 – Terms and Conditions revised to remove clauses.
7 Attachment 2 End User License Agreement Page 64 of 64, last sentence
Please clarify the contractual information that is not considered confidential with respect to FOIA and disclosure of information.
The entire contract and attachments are subject to FOIA disclosure laws.
Attachment 4: Vendor Questions
8 Attachment 1 Page 12 of 54 and Attachment 2 ICE Privacy Terms and Conditions Page 60 of 64
SOW Section 6 Compliance Requirements states that the solution will be housed on the merchant’s host site with secure access for users and the solution will not interface with the Government’s servers. The Prohibition on Performing Work Outside a Government Facility/Network/Equipment states that the Contractor shall perform all tasks on authorized Government networks, using Government-furnished IT and other equipment and/or Workplace as a Services (WaaS) if WaaS is authorized by the statement of work. Please clarify the location for the solution.
The requirement is for a SaaS product and the contractor shall host the software solution.
9 Combined synopsis/solicitation Section 5.5
Section 5.5 Evaluation Process for Evaluation Factor 2: Technical Capability states that the Government will evaluate and consider the Offeror’s response to all items detailed in RFP Section 4.4, both written and oral. Section 4.4. is entitled Volume III: Phase II – Evaluation Factor 2: Technical Capability. Section 4.3 includes a table listing the oral presentation/technical demonstration and the technical capability handout as Volume III. Section 4.5.6. requires Contractors to provide a handout prior to the day of the presentation to aid the Government in following the presentation and that the slides will NOT be evaluated, and that any content the Contractor wishes to present for evaluation must be done orally during the Oral Presentations/Technical Demonstrations. Please clarify if the handouts will be evaluated.
RFP Section 5.5 revised. Handouts will not be evaluated.
Attachment 4: Vendor Questions
10 Attachment 1 Page 13 of 54 and Attachment 2 Page 61 of 64/Sections titled:
Contractor’s Commercial License Agreement and Government Information Rights
Please confirm only the data generated by the Purchase Card Automated System are the property of the U.S. Government and the ‘electronic information system’ (the Purchase Card Automated System) and all related documentation furnished by the Contractor are the sole property of the Contractor and governed by the End Use License Agreement (limited rights). We recommend the removal of electronic information systems from the first sentence. Also, regarding the second sentence, please add the following exception: “……..except all Contractor intellectual property rights and Proprietary Information provided to Customer are and shall remain in Contractor subject to the license Agreement.”
The conditions referenced in Question 10 are standard ICE Privacy terms included in every contract and will not be altered. The COTS solution is the property of the Contractor.
11 General Whether companies from Outside USA can apply for this?
(like,from India or Canada)
Only companies in the USA may compete.
12 General Whether we need to come over there for meetings?
No. Any meetings can be held virtually.
13 General Can we perform the tasks (related to RFP) outside
USA?
(like, from India or Canada)
No.
Attachment 4: Vendor Questions
14 General Can we submit the proposals via email? Yes, however, the Oral Presentation/Technical Demonstration shall be performed via Microsoft Teams.
File details come from the government source that posted it. Updated .