70CMSD21R00000002 Combined Synopsis Solicitation 11-23-20 DRAFT ready to post to beta.SAM.docx

Draft RFQ 70CMSD21R00000002 Combined Synopsis/Solicitation for Law Enforcement Investigative Database Subscription (LEIDS) November 23, 2020

(i) This is a combined synopsis/solicitation issued for commercial items prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. The clauses and provisions referenced in this solicitation may be reviewed/obtained in full text form at http://www.acquisition.gov/far.

(ii) Solicitation number 70CMSD21R00000002 is being issued using full and open competition procedures. The National American Industry Classification System (NAICS) code for this acquisition is 519130 Internet Publishing and Broadcasting and Web Search Portals, with a small business size standard of 1,000 employees. The Product Service Code (PSC) for this acquisition is D317, IT and Telecom Web Based Subscription. No set-aside will be used; however, small businesses are encouraged to submit proposals. This procurement will be conducted under FAR Part 12 supplemented with FAR Part 15 procedures. The Government anticipates awarding up to two (2) Firm Fixed Price (FFP) contracts with a one-year base period and four one-year option periods. FAR 52.217-8 Option to Extend Services will be included. The total period of performance for this contract will not exceed five years and six months.

(iii) The Government will be using innovative procurement techniques for this award in order to maximize competition. Only one solicitation will be issued for the total requirement, however, the Government will be evaluating tasks separately and may or may not award two, single award contracts as detailed below:

One contract award for all tasks—Task 1, Task 1A, Task 2, and Task 2A Two contract awards—one award for Task 1 and Task 1A and one award for Task 2 and Task 2A

Each task would have its own technical rating. During oral presentations, each vendor would present whichever tasks they are competing for: Tasks 1 and 1A or all tasks during their allotted timeframe.

All dates included in the table above are intended to be helpful with planning purposes and are not set in stone; these dates are subject to change and may fluctuate. It is the Government’s intent to adhere to this schedule.

Questions concerning this draft RFP shall be submitted no later than 10am Central Time, November 30, 2020. The Government intends to handle the bulk, or all, of the questions regarding this requirement during the draft RFP period so please provide all questions during this period. The Government may not allow for any further questions once the final solicitation is released.

Phase I: Oral Presentations Interested parties who would like to give an oral presentation to the Government must contact the Contracting Officer no later than 4:00pm CT, December 11, 2020 at Tracy.Riley@ice.dhs.gov to secure a day/time to present a virtual oral presentation. This email request must include the offeror’s participants, their role and company, and the company’s expressed intent to participate in the Phase 1 Oral Presentations.

Offeror Participants: The Offeror’s presentation team is limited to five (5) employees of the team. At least three (3) of the five (5) team members must be from the Prime Contractor. Only three (3) members of the team will actually present during the 90-minute technical exchange. If a Sub-contractor is included in a Prime Contractor’s Oral Presentation, that Sub-contractor shall not participate in another Oral Presentation for this requirement. Sub-contractor participation in an Oral Presentation is limited to one Prime Contractor only.

Oral Presentation dates:

Oral presentations are planned between December 14-18, 2020 using Microsoft Teams. If vendors can’t access Microsoft Teams, they shall advise the contracting officer immediately so that an alternative platform can be discussed, requested, and approved prior to the oral presentation.

Oral Presentation/Demonstration Timeline for a Single Task Proposal If an offeror is proposing to a single task (Task 1 or Task 2) and not to both tasks, then the oral presentation timeline will be followed in Table 1.

75 minute Limit*

*The Government envisions the presentation to be 60 minutes, however the Government may choose to ask follow up or clarifying questions during this time. The offeror is in charge of their presentation and can decide to accommodate the questions at that time or to wait until the end. A 15-minute window has been built in to accommodate possible questions. However, the offeror should plan for a 60-minute presentation and not a 75-minute presentation.

Oral Presentation/Demonstration Timeline for a Two-Task Proposal If an offeror is proposing to both tasks (Task 1 and Task 2); then the offeror may do so in a single oral presentation. This oral presentation timeline for a two-task proposal will be followed in Table 2.

135 minute Limit**

Table 2 **The Government envisions the presentation to be 120 minutes, however the Government may choose to ask follow up or clarifying questions during this time. The offeror is in charge of its presentation and can decide to accommodate the questions at that time or to wait until the end. A 15-minute window has been built in to accommodate possible questions. However, the offeror should plan for a 120-minute presentation and not a 135-minute presentation.

Oral Presentation Rules of Engagement for all Proposals

· By participating in the oral presentations, the Offeror acknowledges that it is in compliance with all solicitation rules and parameters, in accordance with applicable laws and statutes. The Government encourages Offerors to abide by applicable social distancing guidelines and rules established by the Centers for Disease Control and Prevention (CDC) and state and local Governments, including applicable active stay-at-home orders, to reduce the spread of the coronavirus disease 2019 (COVID-19).

· Recording: Recording of oral presentations by Offerors is strictly prohibited, notwithstanding local laws and regulations with regards to virtual meeting. The Government reserves the right to record oral presentations. If recorded, the recording is source selection sensitive and will be handled accordingly.

· Exchanges: The Government intends to engage in interactive dialogue during the oral presentations. These exchanges are viewed as a component of the oral presentation itself and do not constitute discussions. Oral presentations are distinct from the Government’s reserved right to conduct clarifications or discussions.

· The Offeror participants shall not reach back, by phone/conference bridge, email or any other means, to any other personnel or persons for assistance during the oral presentation.

Advisory Notification

After the Government completes evaluation of Factor 1, Offerors will receive an advisory notification via e-mail from the Contracting Officer. This notification will advise the Offerors of the Government’s advisory recommendation to proceed or not to proceed with Phase II submission. Offerors who are rated most highly for Factor 1 will be advised to proceed to Phase II of the proposal submission process. Offerors who were not among the most highly rated will be advised that they are unlikely to be viable competitors, along with the general basis for the Government’s advisory recommendation. The intent of this advice is to minimize proposal development costs for those Offerors with little to no chance of receiving an award. Offerors should note that Phase I evaluation factors are more important than Phase II evaluation factors.

The Government intends to provide no more than 3 Offerors with an advisory notification to proceed. However, the Government’s advice will be a recommendation only, and those Offerors who are advised not to proceed may elect to continue their participation in the procurement.

Failure to participate in Phase I of the procurement precludes further consideration of an Offeror. Phase II submissions will not be accepted from Offerors who have not submitted Phase I proposals by the due date and time stated in this solicitation. For those Offerors that are rated most highly and advised to proceed to Phase II of the proposal submission process, the Contracting Officer will include the Phase II submission instructions on the advisory notification, including the date, time and exact location of the Offerors scheduled oral presentation, as well as the due date for the written portion (Price) of the Phase II submission. The Government recommends Offerors to begin preparation of Phase II proposals only after receipt of the Phase 1 advisory down-select notice.

The down-select notifications will include further information, but the Government intends to allow Offerors 48 -72 hours to decide whether it wishes to proceed with a Phase II submission. The specific times/dates for oral presentations will subsequently be provided to those Offerors remaining in Phase II.

Phase II: User Trial Period Vendors will provide user access via a trial subscription period for up to five business days for no more than three ICE users. During this trial period vendors shall provide help desk/general user support for up to ten hours. All offerors will receive an advisory letter recommending participation/non-participation in Phase II no later than December 30, 2020. Offerors must contact the contracting officer no later than 2:00pm, Jan 4, 2021 to schedule the user trial period. Trial periods are expected to take place starting Jan 7, 2021.

The following items shall be submitted to the contracting officer no later than 4:00pm CT, January 4, 2021:

1. Solicitation Provisions and Clauses that require contractor response/fill ins.

2. Factor 3-Past Performance—submitted directly from customers to the contracting officer (using the past performance questionnaire provided by the Government).

3. Factor 4-Price Matrix—using the Price Matrix attachment provided by the Government.

NO WRITTEN/NARRATIVE PROPOSAL IS REQUIRED, NOR WILL IT BE EVALUATED IF SUBMITTED.

Estimated Total Period of Performance is 3/1/2021-2/28/2026

Contract Line Item Number CLIN Description Quantity Unit of Issue

CLIN 0001

3/1/2021-2/28/2022 Database Functionality Requirements Task 1

Month

CLIN 0002

3/1/2021-2/28/2022 Training and User Maintenance Task 1A

Month

CLIN 0003

3/1/2021-2/28/2022

LPR

Task 2

Month

CLIN 0004

3/1/2021-2/28/2022 LPR Training and User Maintenance Task 2A

Month

CLIN 1001

3/1/2022-2/28/2023 Database Functionality Requirements Task 1

Month

CLIN 1002

3/1/2022-2/28/2023 Training and User Maintenance Task 1A

Month

CLIN 1003

3/1/2022-2/28/2023

LPR

Task 2

Month

CLIN 1004

3/1/2022-2/28/2023 LPR Training and User Maintenance Task 2A

Month

CLIN 2001

3/1/2023-2/28/2024 Database Functionality Requirements Task 1

Month

CLIN 2002

3/1/2023-2/28/2024 Training and User Maintenance Task 1A

Month

CLIN 2003

3/1/2023-2/28/2024

LPR

Task 2

Month

CLIN 2004

3/1/2023-2/28/2024 LPR Training and User Maintenance

Month

CLIN 3001

3/1/2024-2/28/2025 Database Functionality Requirements Task 1

Month

CLIN 3002

3/1/2024-2/28/2025 Training and User Maintenance Task 1A

Month

CLIN 3003

3/1/2024-2/28/2025

LPR

Task 2

Month

CLIN 3004

3/1/2024-2/28/2025 LPR Training and User Maintenance

Month

CLIN 4001

3/1/2025-2/28/2026 Database Functionality Requirements Task 1

Month

CLIN 4002

3/1/2025-2/28/2026 Training and User Maintenance Task 1A

Month

CLIN 4003

3/1/2025-2/28/2026

LPR

Task 2

Month

CLIN 4004

3/1/2025-2/28/2026 LPR Training and User Maintenance

Month

FAR 52.217-8 will not be delineated by separate CLINs. Option Period Four CLINs will merely be extended for up to six months using the same pricing as Option Period Four.

Description of Requirements: Contractor shall provide all personnel, supplies, and services necessary to meet the Government requirement specified in Attachment 2, Performance Work Statement (PWS) to this solicitation.

The following attachments are included for this solicitation:

Attachment 1-Clauses Attachment 2-PWS Attachment 3-Price Matrix Attachment 4-Quality Assurance Surveillance Plan (QASP) Attachment 5-Past Performance Questionnaire

FAR PROVISIONS

Provisions for this solicitation are listed below; some incorporated by reference and some included in full text. The completed provisions will not become part of the resulting IDIQ contract; they will be utilized for evaluation purposes only. The clauses listed in Attachment 1-Clauses, to this solicitation will be incorporated as an attachment to the awarded contract.

FAR Provisions Incorporated by Reference:

FAR 52.204-7, System for Award Management (Oct 2018) FAR 52.204-16, Commercial and Government Entity Code Reporting (Jul 2016) FAR 52.204-17, Ownership or Control of Offeror (Jul 2016)

FAR Provisions Included in Full Text:

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that— (1)It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and (2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment— (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii)For covered services— (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment— (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii)For covered services— (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation. (Dec 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

FAR 52.209-7 Information Regarding Responsibility Matters (Oct 2018)

(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 Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings 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.

(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, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

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

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show— (1)The solicitation number;

(2)The time specified in the solicitation for receipt of offers;

(3)The name, address, and telephone number of the offeror;

(4)A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5)Terms of any express warranty;

(6)Price and any discount terms;

(7)“Remit to” address, if different than mailing address;

(8)A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9)Acknowledgment of Solicitation Amendments;

(10)Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11)If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f)Late submissions, modifications, revisions, and withdrawals of offers.

(1)Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i)Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- (A)If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B)There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or (C)If this solicitation is a request for proposals, it was the only proposal received.

(ii)However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3)Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4)If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5)Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i)Availability of requirements documents cited in the solicitation.

(1) (i)The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section

Suite 8100 470 East L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(ii)If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2)Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i)ASSIST ( https://assist.dla.mil/online/start/).

(ii)Quick Search ( http://quicksearch.dla.mil/).

(iii)ASSISTdocs.com (http://assistdocs.com).

(3)Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i)Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii)Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii)Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4)Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k)[Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1)The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2)The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3)The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4)A summary of the rationale for award;

(5)For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6)Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

FAR 52.212-2 Evaluation-Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be the most advantageous to the Government, price and other factors considered. The Government will use trade off source selection procedures to make up to two awards to the offeror(s) whose solution(s) represents the best value to the Government. The Government may award to other than the lowest priced or the highest rated offeror(s). The evaluation will be conducted as a two phase, advisory down select. The phases will include the following evaluation factors:

Phase I Factor 1: Technical Approach (Demonstration/Oral Presentation)

Phase II Factor 2: Trial Test Period for Subject Matter Experts (SMEs) Factor 3: Past Performance Factor 4: Price

The order of importance is as follows:

The factors are listed in descending order of importance: Factor 1, 2, 3, and 4. When all technical factors are combined, they are significantly more important than price. Factor 4, Price, is the least important factor.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c)A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

Rating Scale for Technical Factors 1 and 2 In evaluating Factors 1 and 2, each factor will have its own confidence assessment. The Government will consider the Offeror’s approaches and the risks associated with the approaches proposed by the Offeror to arrive at a confidence assessment of the Offeror’s likelihood of successfully performing the work. The table below shows the ratings the Government will assign in its evaluation of these factors.

Technical Evaluation Ratings

Satisfactory Confidence

The Government has some confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract with some Government intervention.

Low Confidence

The Government has low confidence that the Offeror understands the requirement, proposes a sound approach, and will be successful in performing the contract even with Government intervention.

Phase I

Factor 1, Technical Approach (Demonstration/Oral Presentation) Factor 1 will be evaluated by offerors providing an oral presentation to the technical team. This presentation will be done via MS Teams. Each offeror should provide/cover the following during their presentations:

1. User friendliness

2. Effectiveness and response time of help desk support

3. Ability to run specific reports/details within each report available

4. Validity of data received during trial period

Advisory Down Select Phase II

Factor 2, Trial Test Period for SMEs Factor 2 will be evaluated through a five-day (business) trial/test period for SMEs. During this time, each contractor shall provide up to ten hours of help desk or instructional support for the SMEs. This support may be via telephone or email. The Government will assess its confidence that the offeror will be successful in performing the contract based on its Factor 2 Trial Test Period. The testing includes, but is not limited to:

1. User friendliness

2. Effectiveness and response time of help desk support

3. Ability to run specific reports/details within each report available

4. Validity of data received during trial period Offerors may be rated more highly if their database has unique or added features, or other innovations, that provide benefit to the Government. It is possible that an offeror’s database offers additional features that are of no additional benefit to the Government. Those features will not assist offerors in getting a higher confidence rating for this factor. The determination of what features are of benefit to the Government is at the sole discretion of the Government and its evaluation team.

Factor 3: Past Performance

The Government is providing a “Contractor Past Performance Evaluation Survey” (RFP Past Performance Attachment) for Offerors to submit to the cited client/customer points of contact for completion.

The completed survey forms must be returned directly to Tracy Riley no later than the first day of the trial/test period in Phase II. Client can email surveys to Tracy.Riley@ice.dhs.gov. The completed survey must come from the Client (not the Offeror). The Offeror is responsible for ensuring timely submission. The Government is seeking to determine whether the Offeror has a high-quality record of past performance, that will enhance its ability to successfully perform the required effort. Past Performance should be recent and relevant. No past performance on contracts that ended more than three years ago will be accepted. Similarly, contracts that are not of similar size and scope will not be accepted.

In evaluating past performance, the Government may supplement the information offerors provide with performance information it may obtain from any source including its own experience with the offeror performing prior orders with the federal Government or otherwise, and agency databases.

The Government, after reviewing the past performance information, will assign a confidence rating rating of “High Confidence”, “Some Confidence”, “Low Confidence”, or “Unknown Confidence/N/A” to Factor 3, Past Performance.

Past Performance Rating Definitions:

High Confidence Based on the Offeror’s recent (NLT 3 years) and relevant (similar in magnitude and scope of this effort) performance record, the Government has a high expectation that the Offeror will successfully perform based on the offeror’s performance.

Some Confidence Based on the Offeror’s recent (NLT 3 years) and relevant (similar in magnitude and scope of this effort) performance record, the Government has a reasonable expectation that the Offeror will successfully perform based on the offeror’s performance.

Low Confidence Based on the Offeror’s recent (NLT 3 years) and relevant (similar in magnitude and scope of this effort) performance record, the Government has a limited expectation that the Offeror will successfully perform based on the offeror’s performance.

Unknown Confidence (N/A) The Offeror does not have recent (NLT 3 years) and relevant (similar in magnitude and scope of this effort) performance; or the Offeror’s performance record is so sparse, a meaningful confidence rating cannot be reasonably assigned. This rating is neither favorable no unfavorable.

Factor 4: Price:

Offerors do not need submit pricing until Phase II. If an offeror decides they do not wish to participate in Phase II, no pricing will be required from that offeror. The Government will provide a price matrix with this solicitation for all offerors to fill out. The matrix will be broken down by task.

Price will be evaluated to determine whether it is fair and reasonable. Price will be evaluated by CLIN/Task Number. Each offeror shall propose pricing for the task(s) they plan to compete for. For example, if a company plans to compete for both tasks, that offeror shall submit pricing for each task separately and also a second column in the price matrix will contain pricing for each task assuming an offeror were to win both tasks (only one contract award made). This allows offerors to provide any discounts that would be provided if an offeror were to be awarded both tasks.

The Government will evaluate price on offerors’ Total Evaluated Price (TEP). The TEP by adding the base and all option years for the total period of performance to include the possible six-month extension IAW FAR 52.217-8 Option to Extend Services. There will not be a separate CLIN for the possible extension (up to six months) at the end of Option Period Four. The price for extending Option Period Four will be the same as the pricing submitted for Option Period Four.

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Dec 2019) Offeror Representations and Certifications-Commercial Items (Nov 2020) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision— "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Place of manufacture means the place where an end product is assembled out of components, or…