SOW_Annual_Software_Maintenance.docx

REQUEST FOR QUOTE (RFQ)

SOLICIATION 47HAA018Q0337

August 8, 2018

GENERAL SERVICES ADMINISTRATION (GSA)

Office of Internal Acquisition (OIA) for

MICROSOFT RETAIL MANAGEMENT SYSTEM (RMS) ANNUAL SOFTWARE MAINTENANCE

ISSUED TO:

“FEDBIZOPPS”

The North American Industry Classification Code (NAICS) is 541519, Other Computer Related Services with a Size Standard of $23 Million

This acquisition is conducted under Federal Acquisition Regulations (FAR) Part 12 and 13 This RFQ does not intend to use FAR 15 Principles

ALL INFORMATION CONTAINED WITHIN THIS DOCUMENT IS CONFIDENTIAL AND IS PROVIDED ONLY TO GIVE VENDORS AN ADEQUATE UNDERSTANDING OF THE GENERAL SERVICES ADMINISTRATION’S REQUIREMENTS. UNDER NO CIRCUMSTANCES SHOULD INFORMATION BE DISCLOSED TO ANY OUTSIDE PARTY

1.0 INTRODUCTION

This requirement is being solicited under Federal Acquisition Regulation (FAR) Part 12 - Acquisition of Commercial Items and Part 13 – Simplified Acquisition Procedures. The resultant purchase order will be Firm-Fixed Price for the Annual Maintenance for Microsoft Retail Management System (RMS). The North American Industry Classification Code NAICS) is 541519, Other Computer Related Services with a Size Standard of $23 Million.

2.0 BACKGROUND

The General Services Administration (GSA), Office of the FAS General Supplies and Services (GSS) Business Operations Division intends to procure Microsoft Retail Management Systems (RMS) annual software maintenance for the GECO 2/Store Portal (herein referred to as G2/SP) application currently in production. The need is to procure annual software maintenance so that GSA GSS has technical support should there be an issue with the commercial off-the-shelf Microsoft RMS licensed software. Maintenance will be conducted by Microsoft Corporation in Seattle, Washington, The maintenance can be procured from any Microsoft partner, but historically GSA has been working with one vendor, Systems Technology Group (STG).

3.0 OBJECTIVE

The objective of this requirement is to provide Microsoft Retail Management System Software Maintenance for existing licenses. See Product Description in Section 4.0, Table 1 herein.

4.0 SCOPE/REQUIREMENT

The General Services Administration (GSA) is seeking to procure annual maintenance for Microsoft Retail Management System (RMS).

REQUIREMENT:

1. Provide annual maintenance as indicated in the Table 1 below

Table 1

Period of Performance: September 12, 2018 to September 11, 2019

Item

Part Number

Description

Quantity

EQ20339

Annual Software Maintenance RMS Version 2.0 EQ20339, Serial #5996180 for 36 licenses.

1 yr

EQ29327

Annual Software Maintenance RMS Version 2.0 EQ29327, Serial #6577752for 80 licenses.

1 yr

5.0 CONTRACT TYPE

The resultant purchase order will be Firm-Fixed Price (FFP).

6.0 DELIVERABLES

· Contractor shall deliver verification of maintenance electronically to:

Contracting Officer Representative (COR) Vickie Szewczyk GECO2 Contracting Officer Representative (COR) United States General Services Administration 1800 F Street, N.W.

Washington, DC 20405-0001 Office Phone: (571) 969-8734 vvickie.szewczyk@gsa.gov

7.0 PERIOD OF PERFORMANCE/HOURS

Period of Performance: September 12, 2018 to September 11, 2019

8.0 PRIVACY ACT

N/A

9.0 SECURITY

Unclassified

10.0 GENERAL COMPLIANCE REQUIREMENTS

Section 508 The Contractor(s) shall provide accessibility based on FAR Subpart 39.2 Electronic and Information Technology and Section 508 of the Rehabilitation Act of 1973 (29 U.S.C.794d). All electronic and information technology (EIT) procured through this Contract must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. The 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended. All deliverables will be Section 508 compliant, and will be reviewed for compliance by the Government which reserves the right to reject the deliverable(s) until remediation of deficiencies has been successfully completed by the Contractor. Complete technical descriptions are provided on the following website: http://www.section508.gov.

Where appropriate, the Contractor(s) shall indicate whether each product or service is compliant or non-compliant with the accessibility standards at 36 CFR 1194. Further, the quote must indicate where full details of the compliance can be found (e.g., vendor’s website or other exact location).

11.0 IT SECURITY POLICIES:

The following GSA policies must be followed. These policies can be found at http://www.gsa.gov/directives or https://insite.gsa.gov/directives.

1. CIO P 2100.1 GSA Information Technology (IT) Security Policy

2. CIO P 2100.2B GSA Wireless Local Area Network (LAN) Security

3. CIO 2100.3B Mandatory Information Technology (IT) Security Training Requirement for Agency and Contractor Employees with Significant Security Responsibilities

4. CIO 2104.1A GSA Information Technology IT General Rules of Behavior

5. CIO 2105.1B GSA Section 508: Managing Electronic and Information Technology for Individuals with Disabilities

6. CIO 2106.1 GSA Social Media Policy

7. CIO 2107.1 Implementation of the Online Resource Reservation Software

8. CIO 2160.4 Provisioning of Information Technology (IT) Devices

9. CIO 2162.1 Digital Signatures

10. CIO P 2165.2 GSA Telecommunications Policy

11. CIO P 2180.1 GSA Rules of Behavior for Handling Personally Identifiable Information (PII)

12. CIO 2182.2 Mandatory Use of Personal Identity Verification (PIV) Credentials

13. CIO P 1878.2A Conducting Privacy Impact Assessments (PIAs) in GSA

14. CIO IL-13-01 Mobile Devices and Applications

15. CIO IL-14-03 Information Technology (IT) Integration Policy

16. HCO 9297.1 GSA Data Release Policy

17. HCO 9297.2B GSA Information Breach Notification Policy

18. ADM P 9732.1D Suitability and Personnel Security

The contractor’s personnel involved with this purchase order are required to review above-cited contract clauses and policies and ensure compliance throughout the life of this purchase order.

12.0 INSPECTION AND ACCEPTANCE

In the absence of other agreements negotiated with respect to time provided for government review, work will be reviewed and approved by the COR within five (5) work days of being completed. The basis for acceptance shall be compliance with the requirements set forth in the statement of work, the Contractor's quote and other terms and conditions of this purchase order.

There is nothing to inspect and accept since this is an annual software maintenance contract.

13.0 INVOICING/PAYMENT

Procedures for Payment Invoices shall be submitted electronically to h ttps://vcss.ocfo.gsa.gov. Complimentary copies of each invoice to be emailed to: vickie.szewczyk@gsa.gov, b and vivian.fields@gsa.gov.

Payment will be made monthly in arrears, based on usage. Contractor must invoice monthly, and each invoice must include the following information:

1) Name of Contractor

2) GSA Purchase Order Number

3) Pegasys GP Number

4) Remittance Address

5) Point of Contact and Phone Number

6) Invoice Amount

14.0 BASIS OF ACCEPTANCE

The basis for acceptance shall be in compliance with the requirements set forth within this RFQ/SOW, the Contractor's quote and other terms and conditions of this purchase order. Deliverable items rejected under any resulting contract shall be corrected in accordance with the applicable clauses.

Acceptance shall be acknowledged by the COR upon receipt of vendor email notifying GSA the RMS annual maintenance is enforce for the period of performance specified in this SOW.

15.0 CONTRACT ADMINISTRATION DATA

The Contracting Officer (CO) is the only person authorized to make or approve any changes to any of the requirements of this purchase order and notwithstanding any clauses contained elsewhere in this purchase order, this authority remains solely with the CO. In the event the Contractor makes any changes at the direction of any other person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. All questions concerning the purchase order will be directed to the CO. The Contractor shall contact the CO with any questions regarding performance issues.

Contracting Officer (CO) Vivian M. Fields United States General Services Administration OAS/Office of Internal Acquisition (OIA) 1800 F Street, N.W.

Washington, DC 20405-0001 Office Phone: 202-501-1741

Contracting Officer Representative (COR) Vickie Szewczyk GECO2 Contracting Officer Representative (COR) United States General Services Administration 1800 F Street, N.W.

Washington, DC 20405-0001 Office Phone: (571) 969-8734 vickie.szewczyk@gsa.gov

16.0 QUOTE SUBMISSION AND QUESTIONS

All questions regarding any aspect of this RFQ shall be forwarded electronically via email to the Contracting Officer (CO), vivian.fields@gsa.gov. no later than August 13, 2018 by 2:00 PM Eastern Daylight Time (EST).

Contractor shall submit the quote electronically via email to vivian.fields@gsa.gov: using Microsoft Word or PDF attachment. The Price quote is due August 16, 2018 by 11:00 AM. Eastern Daylight Time (EST).

17.0 EVALUATION FACTORS FOR AWARD

17.1 BASIS FOR AWARD

The Government intends to evaluate both written quotes (technical and price) using the evaluation factors and award methodology described in this solicitation. The Government anticipates awarding a purchase order to the offeror whose quote is the most advantageous and overall best value to the Government.

Lowest Price Technically Acceptable” (LPTA)

This acquisition will utilize “Lowest Price Technically Acceptable” (LPTA) evaluation selection procedures in accordance with FAR Part 12.6. This is a competitive LPTA evaluation in which price is considered the most important factor. By submission of its offer, the Offeror accepts all RFQ requirements, including terms and conditions, representations and certifications, and technical requirements. All Offerors determined technically unacceptable will not be considered for award, and no further evaluation will be conducted. Failure to meet a requirement may result in an offer being determined technically unacceptable. The Government intends to select ONE contractor for award of this requirement. The Government shall select the source based upon lowest price technically acceptable (LPTA) method of evaluation of the offeror’s total price/cost and technical acceptability. The Government shall choose the lowest realistically priced, response, with satisfactory performance, and technically acceptable offer for award. The Government reserves a right to make an award without further discussions.

For the purpose of award, the Government shall evaluate offers based on the evaluation criteria described below:

CRITERIA 1 - Past Performance (Satisfactory/Unsatisfactory)/Neutral) Past performance will be determined through review of the System for Award Management (SAM), as well as the Federal Awardee Performance and Integrity Information System (FAPIIS), Past Performance Information Retrieve System (PPIRS), and other data obtained from other sources that are considered accurate and relevant.

Reports will be retrieved by each contractor’s DUNS number. Assessment reports covering the previous three (3) years from the RFQ closing date, with the NAICS Codes for each category will be evaluated.

“Past Performance” - Ratings and their meanings are as follows:

Satisfactory – The Offeror’s performance of previously awarded relevant contract(s) met contractual requirements. If the assessed prior performance was accomplished with some problems for which corrective actions taken by, or proposed to be taken by, the contractor were, or are expected to be, for the most part effective. Performance over completed contracts was consistently of adequate, or better, quality or exhibited a trend of becoming so. The Offeror’s past performance record leads to an expectation of successful performance.

Unsatisfactory – The Offeror’s performance of previously awarded relevant contract(s) did not meet most contractual requirements and recovery did not occur within the period of performance. The assessed prior performance reflected serious problem(s) for which the Offeror either failed to identify, or implement, corrective actions or for which corrective actions, implemented or proposed to be implemented, were, or are expected to be, mostly ineffective. The Offeror’s past performance record leads to a strong expectation that successful performance will not be achieved or that it can occur only with greatly increased levels of government management and oversight.

Neutral - In situations where the Contractor does not have record of past performance or if GSA has no information, the proposal will receive a neutral rating

CRITERIA 2 - Cost / Price

Total proposed cost/price, including the cost of the Annual Maintenance for Microsoft Retail Management System (RMS) for the period of performance of September 12, 2017 to September 11, 2018. Provide pricing for the identified period of performance on offeror’s current commercial Pricelist.

The award will be made to the offeror whose proposal is determined lowest price technically acceptable. Prices should be submitted in the attached price format.

Rejection of Unrealistic Offers:

The Government may reject any proposal that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, or unrealistically high or low in cost/price, or are unbalanced, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the technical requirements.

18.0 CONTRACT CLAUSES

Clauses Incorporated By Reference (FAR 52.252-2) (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 CO will make their full text available. Also, the full text may be accessed electronically at the following Internet address: h ttp://www.acquisition.gov/far/.

FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Jan 2017) FAR 52.224-1, Privacy Act Notification (Apr 1984) FAR 52.224-2, Privacy Act (Apr 1984) FAR 52.239-1, Privacy or Security Safeguards (Aug 1996) FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (June 2016) FAR 52.204-7, System for Award Management (Oct 2016) FAR 204-16, Commercial and Government Entity Code Reporting (July 2016) FAR 204-18, Commercial and Government Entity Code Maintenance (July 2016) FAR 52.227-14, Rights In Data – General (May 2014) FAR 52.232-1, Payments (Apr 1984) FAR 52.232-8, Discounts for Prompt Payment (Feb 2002) FAR 52.232-11, Extras (Apr 1984) Full text:

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Jan 2017)

(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) 2.203-19, 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(4) 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)).

i.

ii. 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.]

111-117, section 743 of Div. C).

6101 note).

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

_ _ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_ _ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

_ _ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.

4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

13627).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222- 59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

applicable to the acquisition of commercially available off-the-shelf items.)

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.

19 U.S.C. 3301 note).

_ X _ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

(58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_ X _ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_ X _ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

iii. 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) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O.

13495).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(41 U.S.C. chapter 67).

5112(p)(1)).

(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, 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. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiii) 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).

(xiv) 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).

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xx)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

PRICING TABLE

Period of Performance: September 12, 2017 to September 11, 2018

CLINS

EQ20339

Annual Software Maintenance RMS Version 2.0 EQ20339, Serial #5996180 for 36 licenses.

Yr

EQ29327

Annual Software Maintenance RMS Version 2.0 EQ29327, Serial #6577752for 80 licenses.

TOTAL:

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