70RFP321QEH000015 conformed.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

CODE 16. ADMINISTERED BYCODE

X

X

511210

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR70RFP3

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/26/2021 1700 ET

08/12/2021

(215) 521-2266Melissa Stolle (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

70RFP321QEH000015

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 2 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Philadelphia PA 19106 701 Market Street, Suite 3200 Federal Protective Service Acq. Division Office of Procurement Operations U.S. Dept. of Homeland Security

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$41.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FPS EAST CCG DIV 3 ACQ DIV(70RFP3)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The Department of Homeland Security (DHS), Federal Protective Service (FPS), is requesting quotations for subscription services for event detection and notification in accordance with the attached Statement of Work (SOW) and additional Terms and Conditions.

This Request for Quotation (RFQ) is comprised of the following documents:

-SF1449

-Statement of Work

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Melissa Stolle

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

-Terms and Conditions

0001 Breaking Event Detection Software - Annual 10 EA

Subscription Fee

Product/Service Code: 7A21

Product/Service Description: IT AND TELECOM -

BUSINESS APPLICATION SOFTWARE (PERPETUAL LICENSE

SOFTWARE)

1001 Breaking Event Detection Software - Annual 10 EA

Subscription Fee (option 1)

(Option Line Item)

0 Days After Award

Product/Service Code: 7A21

Product/Service Description: IT AND TELECOM -

BUSINESS APPLICATION SOFTWARE (PERPETUAL LICENSE

SOFTWARE)

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

Department of Homeland Security

Federal Protective Service (FPS)

Statement of Work (SOW)

Proactive Breaking Event Detection and Notification

FY 2021-2023

1.0 GENERAL

1.1. Background

The Department of Homeland Security’s (DHS) Federal Protective Service (FPS) has a need to secure the services of a vendor for Breaking Event Detection and notification capability through publicly available information (PAI). Specifically, FPS personnel have a need to develop real time strategies resulting from event-based alerts (“Alerts”) sourced from publicly available data, information and materials, including public tweets and other public content made available through Twitter, Inc. and other social media and public message boards (collectively, the “Third Party Materials”) that can be made available to users via multiple mechanisms including email and dashboard-style interfaces.

1.2 Organization

1.2.1 U.S. Department of Homeland Security (DHS), Federal Protective Service

(FPS).

1.3 Scope

1.3.1 The objective of this effort is to procure a solution to provide notification in real-time of events in all public tweets and other publicly available data which contain potentially threatening rhetoric towards FPS protected interests. both known and unknown, that could generate risk for US Government facility Infrastructure and US Government personnel.

1.3.2 The desired solution is to be a service, not a system, which addresses considerations such as the completion of a Privacy Threshold Assessment;

and, if needed, a Privacy Impact Analysis. Furthermore, the solution shall not target specific individuals or populations, as is generally performed in marketing-type analysis. Lastly, the service provider must be able to lawfully collect the information provided as part of the service; and document such collection and data access agreements.

1.3.3 The Contracted vendor shall provide a commercially available subscription to user accounts that leverages a wide variety of PAI sources to provide global real-time news alerts of emerging and/or breaking events. The Vendor shall deliver these alerts to users based on user-defined or predefined topics and geographical areas of interest via user-defined delivery methods, including email, web-based application and mobile platforms.

2.0 Requirements/Specific Tasks

FPS has a requirement for a subscription to a service that will provide real-time detection of event-based, breaking news alerts (“Alerts”) to enable real-time data on known and unknown global emerging events to which FPS may need to respond.

Alerts are sourced from publicly available data, information and materials, including public tweets and other public content made available through Twitter, Inc. and other social media and public message boards (collectively, the “Third Party Materials”), and made available to users via multiple mechanisms including email and dashboard-style interfaces.

2.1 The Contractor shall provide User access via a subscription to effectively detect and display known and unknown global events via a real time dashboard in order to collect data on open sources potentially targeting FPS protected facilities.

2.2 The Contractor’s service must have the ability to scan open source postings;

looking for words, phrases, encrypted data, and other trends to provide the end users with an overall picture of current commentary and other rhetoric available online.

2.3 The Contractor’s service shall be able to screen a multitude of internet and dark web based open sources using themes and analytics in addition to solely key words to search for items based on a customizable search which can be geofenced based on user needs. The screening shall include social media sources such as Twitter and Instagram, chat boards such as 4Chan and 8Chan, and public commentary on media websites such as CNN and Fox News and shall be focused on the language used; not the individual posting the language.

2.4 The service shall allow for the detection, distillation, and correlation of information on specific events across multiple publicly available information platforms in real time, ensuring FPS personnel will be able to maintain a proactive situational awareness posture and a comprehensive view of events which may be used as the predicate basis for a preliminary investigation.

2.5 The desired solution shall allow users to open multiple windows within the application, and easily “drag & drop” data into other windows to expand analysis.

2.6 The Contractor’s service shall provide the ability to efficiently and effectively access, analyze, and contextualize information from non-textual data sources (e.g., image, video, sound, and machine sensor data).

2.7 The Contractor’s user web-based dashboard interfaces and email or text notifications must be fully compatible with the FPS enterprise environment.

2.8 The Contractor shall be an Official Twitter Data Partner. As described by

Twitter on its partners page. That is, the vendor must be a certified Official Twitter Data Partner providing a solution specifically designed for the Public Sector.

2.9 The Contractor shall provide user support, training, and enablement services to ensure successful deployment and adoption of the service’s full range of capabilities, at no additional cost.

2.10 The Contractor must be able to lawfully collect the information provided as part of the service; and document such collection and data access agreements. The service to be provided must have the ability to scan open source postings, looking for words, phrases, and other trends without targeting specific individuals and/or groups of people.

2.11 The Contractor service shall be able to triage source data for importance and/or urgency using AI, machine learning or similar capabilities that do not rely on knowledge or provision of key words by the User to recognize patterns or anomalies to enhance the accuracy of alerts.

2.12 The Contractor services shall provide FPS users and administrators with the ability to directly customize news alerts and views based on specific geographic areas and event types; and alter the display of information and alerts without significant vendor involvement.

2.13 The Contractor must maintain compliance with data providers’ terms of service. In addition, the service must include product modifications, safeguards and restrictions that prevent any use for surveillance purposes.

2.14 The Contractor must be able to provide a minimum of ten (10) individual user accounts initially. The Contractor should have the capacity to scale up to serve a larger volume of users. FPS currently has approximately 1400 potential users.

3.0 GOVERNMENT ACCEPTANCE PERIOD

The Contracting Officer’s Representative (COR) will review deliverables prior to acceptance; and provide the Contractor with an email that provides any documented reasons for non-acceptance. If the deliverable is acceptable, the COR will send an email to the Contractor notifying that the deliverable has been accepted. The COR will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal. In the event of a rejected deliverable, the Contractor will be notified in writing by the Contracting Officer (CO) of the specific reasons for rejection. The Contractor shall have an opportunity to correct the rejected deliverable and return it per delivery instructions.

4.0 CONTRACTOR LIABILITY

In the event the Contractor damages any software or equipment under this effort due to negligence of any type, the Contractor will be responsible for the replacement cost.

5.0 PERIOD OF PERFORMANCE

The Period of Performance is a Base Period of one year from the date of award;

and a subsequent one-year Option Period.

6.0 INVOICING

6.1 The Contractor shall submit invoices within thirty (30) business days after award with the following information:

6.1.1 Name of Contractor

6.1.2 Contract Number

6.1.3 Date of Order and Period of Performance

6.1.4 Quantity, Unit Price, and Extension of each item

6.2 The Contractor shall submit invoices to the Contracting Officer (CO) and

Contracting Officer’s Representative (COR) no later than the 15th of each month, beginning the month following the award.

6.3 Once approved, each invoice shall be sent to the following email inbox:

FPSInvoice.Consolidation@ice.dhs.gov. The invoice shall cover all services provided for the period specified on the invoice. All questions concerning payment of an invoice must be directed to the COR.

7.0 DELIVERY

7.1 Upon contract award, the COR will provide the Contractor with the name and email address of authorized account holders. Information regarding these accounts may be sent directly to the user with a copy electronically delivered to the COR:

Susan.L.Hudson@FPS.DHS.Gov mailto:FPSInvoice.Consolidation@ice.dhs.gov mailto:Susan.L.Hudson@FPS.DHS.Gov

8.0 REPRESENTATION

The Contracting Officer’s Representative (COR) is:

Susan L. Hudson 202-732-0329 Susan.L.Hudson@FPS.DHS.Gov

The Alternate Contracting Officer’s Representative (ACOR) is:

Jeff Levine 202-732-8056 Jeff.levine@fps.dhs.gov

9. ACCESSIBILITY REQUIREMENTS (SECTION 508)

9.1 Section 508 Requirements

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) (codified at 29 U.S.C. § 794d) requires that when Federal agencies develop, procure, maintain, or use information and communications technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public with disabilities must be afforded access to and use of information and data comparable to that of Federal employees and members of the public without disabilities.

All products, platforms and services delivered as part of this work statement that, by definition, are deemed ICT shall conform to the revised regulatory implementation of Section 508 Standards, which are located at 36 C.F.R. § 1194.1 & Appendix A, C & D, and available at https://www.gpo.gov/fdsys/pkg/CFR-2017-title36-vol3/pdf/CFR-2017-title36-vol3-part1194.pdf. In the revised regulation, ICT replaced the term electronic and information technology (EIT) used in the original 508 standards. ICT includes IT and other equipment.

Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the Contracting Officer and a determination will be made according to DHS Directive 139-05, Office of Accessible Systems and Technology, dated November 12, 2018 and DHS Instruction 139-05-001, Managing the Accessible Systems and Technology Program, dated November 20, 2018, or any successor publication.

9.2 Section 508 Requirements for Technology Products

Section 508 applicability to Information and Communications Technology (ICT): Threat Identification mailto:Jeff.levine@fps.dhs.gov

Applicable 508 requirements for electronic content features and components (including but not limited to Internet or Intranet website): All requirements in E205 apply, including all WCAG 2.0 Level A and AA Success Criteria apply as specified in E205

Applicable 508 requirements for support services and documentation: All requirements in Chapter 6 apply

9.3 Section 508 Deliverables

Section 508 Accessibility Conformance Reports: For each ICT item offered through this contract (including commercially available products, and solutions consisting of ICT that are developed or modified pursuant to this contract), the Offeror shall provide an Accessibility Conformance Report (ACR) to document conformance claims against the applicable Section 508 standards. The ACR shall be based on the Voluntary Product Accessibility Template Version 2.0 508 (or successor versions). The template can be found at https://www.itic.org/policy/accessibility/vpat. Each ACR shall be completed by following all of the instructions provided in the template, including an explanation of the validation method used as a basis for the conformance claims in the report.

70RFP321QEH000015 – Event Detection

SOLICITATION PROVISIONS

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS

The US Department of Homeland Security (DHS), Office of Procurement Operations, Federal Protective Service (FPS) is issuing this competitive request for quotation (RFQ) to solicit offers for the purpose of awarding a Purchase Order to provide the services described herein. DHS/OPO/FPS (the Government) will conduct this acquisition using the procedures of Part 12/13 of the Federal Acquisition Regulations.

Quotations are due no later than 5:00pm, ET, August 26, 2021. Submissions shall be made via electronic copy to:

Melissa.stolle@fps.dhs.gov.

Any proposal received at the Government office designated in the RFQ after the exact time for receipt of quotations specified above will be deemed “late” and will be considered only in accordance with the provisions set forth under FAR 52.212-1, Instructions to Offerors – Commercial Items, paragraph (f).

By submitting a proposal, the Contractor agrees to comply with all terms and conditions set forth in this RFQ, including the Statement of Work (SOW).

FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (Oct 2014) (Tailored)

(a) The Government will award a Purchase Order resulting from this solicitation to the responsible vendor whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. In addition to price, the following technical evaluation factors shall be used to evaluate offers:

Criteria A – Price

Criteria B - Technical capability of the item offered to meet the Government requirement

(iii) The Government may also consider vendor past performance as part of the best value

The Government reserves the right to award the contract to other than the lowest priced offeror.

(b) Options. The SF1449 / Pricing Schedule do not include contract line items or place holders for FAR 52.217-8

– Option to Extend Services. However, it should be noted that FAR 52.217-8 is included within this RFQ. The vendors total evaluated price will include up to 6 months of continued performance of any services within the limits and at the rates specified in the contract.

(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)

Proposal Evaluation Information

Proposal Submission Requirements

1. Standard Form 1449, Solicitation/Contract/Order for Commercial Items – When responding to this RFQ the Contractor must use the Standard Form 1449 as a cover page to the quotation.

2. Quoations shall be submitted via electronic mail to Melissa.stolle@fps.dhs.gov and should include both a price and technical (non-price) proposal.

3. Page Limitation- Excluding the cover page, the technical proposal (covering technical capability) is limited to two (2) pages in at least 11pt. font and 1” margins. Pages in excess of this limitation will not be evaluated.

4. Quotations shall specify the offer expiration date. Offerors shall hold their offers valid for 120 days after the solicitation closing date, unless requested to further extend it by the Contracting Officer.

Technical Proposal (Non-price factors) –

1. Technical Capability:

The contractor shall specifically describe/affirm how its proposed services meet the Government’s minimum requirements in accordance with SOW. Specifically the vendor shall address is current capability / status of the following requirements:

- The Contractor’s service shall be able to screen a multitude of internet and dark web based open sources using themes and analytics in addition to solely key words to search for items based on a customizable search which can be geofenced based on user needs.

- The Contractor shall be an Official Twitter Data Partner. As described by Twitter on its partners page. That is, the vendor must be a certified Official Twitter Data Partner providing a solution specifically designed for the Public Sector.

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (October 2018)

Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract.

The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

Within a reasonable time after the defect was discovered or should have been discovered; and

Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

mailto:Melissa.stolle@fps.dhs.gov

Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

Invoice.

The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

Name and address of the Contractor;

Invoice date and number;

Contract number, line item number and, if applicable, the order number;

Description, quantity, unit of measure, unit price and extended price of the items delivered;

Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

Terms of any discount for prompt payment offered;

Name and address of official to whom payment is to be sent;

Name, title, and phone number of person to notify in event of defective invoice; and

Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

Electronic funds transfer (EFT) banking information.

The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

EFT banking information is not required if the Government waived the requirement to pay by EFT.

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

Payment.—

Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

Affected contract number and delivery order number, if applicable;

Affected line item or subline item, if applicable; and

Contractor point of contact.

Provide a copy of the remittance and supporting documentation to the Contracting Officer.

Interest.

All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

Final decisions. The Contracting Officer will issue a final decision as required by

33.211 if—

The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

Amounts shall be due at the earliest of the following dates:

The date fixed under this contract.

The date of the first written demand for payment, including any demand for payment resulting from a default termination.

The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

The date on which the designated office receives payment from the Contractor;

The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40

U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49

U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

The schedule of supplies/services.

The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

The clause at 52.212-5.

Addenda to this solicitation or contract, including any license agreements for computer software.

Solicitation provisions if this is a solicitation.

Other paragraphs of this clause.

The Standard Form 1449.

Other documents, exhibits, and attachments.

The specification.

[Reserved]

Unauthorized Obligations

Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

Any such clause is unenforceable against the Government.

Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-

RFQ #70RFP321QEH000015

wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

Addendum to FAR 52.212-4 Contract Terms and Conditions—Commercial Items

FAR 52.212-4, Paragraph (d) Disputes: Notwithstanding the claim period stated in FAR 52.233-1, Disputes, and pursuant to FAR 33.206, Initiation of a Claim, the Contractor agrees to submit any claim related to this contract [or “order”] within 12 months after accrual of the claim.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (Oct 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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(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)

01. DESCRIPTION OF SERVICES

The contractor shall provide subscription services for Breaking Event Detection and notification capability through publicly available information (PAI). Specifically, FPS personnel have a need to develop real time strategies resulting from event-based alerts (“Alerts”) sourced from publicly available data, information and materials, including public tweets and other public content made available through Twitter, Inc. and other social media and public message boards (collectively, the “Third Party Materials”) that can be made available to users via multiple mechanisms including email and dashboard-style interfaces.

02. CONTRACT TYPE

It is the Government’s intention to award a fixed price purchase order.

03. PRICES

A. Pricing Required for All Services and Performance Periods

The Contractor must propose prices for all services required during the Base Period, as well as for each subsequent option period, in order to be considered for award. The Contractor submitting partial pricing information shall be ineligible for award.

The Contractor’s proposed rates shall include all costs associated with the furnishing of personnel, direct costs, indirect costs and profit and include all costs associated with providing the services described in the Statement of Work.

B. Unbalanced Pricing

The contractor is cautioned that its pricing proposal may be rejected as non- responsive to the solicitation requirements if it is materially unbalanced as to prices for the base period or any option period. A pricing proposal is considered to be materially unbalanced if it is based on prices that are significantly less than cost for some work and prices that are significantly overstated for other work.

II. PACKING, MARKING AND BRANDING

01. Payment of Postage All postage and fees related to submitting information, including forms, reports, etc., to the Contracting Officer (CO) or the Contracting Officer’s Representative (COR) shall be paid by the contractor.

02. Marking

All information submitted to the CO or the COR shall clearly indicate the Purchase Order number for which the information is being submitted.

0.3 Branding

The Contractor shall comply with the requirements of any DHS Branding and Marking policies.

As a matter of law, Federal criminal statutes prohibit unauthorized use of the DHS Seal. In addition, DHS policy prohibits granting authorization for certain commercial uses of the Seal. It is permissible to reference DHS in materials if the reference is limited to true, factual statements.

The words DHS and/or Homeland Security should appear in the same color, font, and size as the rest of the text in the document. Moreover, such references shall not imply in way an endorsement of a product, company, or technology.

Request to use the DHS Seal must be submitted using the DHS Official Seal Usage Approval form. A copy of this form may be requested from the Contracting Officer. The comments section should be used to describe why use of the seal is being requested, and how it will be used.

Completed forms shall be sent via e-mail to the Deputy Director of Strategic Communications for Public Affairs, and to the Contracting Officer.

III. INSPECTION AND ACCEPTANCE

01. Inspection and Acceptance of all items provided for under this requirement shall be done so in accordance with FAR 52.212-4 (ALT 1), paragraph (a) Inspection/Acceptance.

IV. PERIOD OF PERFORMANCE

01. Option Periods

The full term of this Purchase Order (PO) will consist of a base year of twelve (12) months and one, twelve (12) month option year. The option shall begin when delivery / access is made to FPS after award but no later than 30 days after award.

V. CONTRACT ADMINISTRATION DATA

01. Submission of Invoices

1. After award of this Task Order, but prior to performance, the Contractor shall meet with the CO and COR upon request to discuss proper invoice preparation and submission. The Contractor and the government shall agree on a standardized invoice format to be used for submission of all invoices under this contract that meets the requirements of FAR 52.212-4 Contract Terms and Conditions - Commercial Items, Paragraph (g) "Invoice". Use of a standardized invoice format will facilitate timely invoice reviews and approvals. Failure to use the agreed standardized invoice format shall result in rejection of invoices.

2. Invoices shall be submitted for payment within 30 days after completion of the prior month’s services. Invoices shall not contain any employee Personally Identifiable Information (PII).

Invoices shall be submitted via one of the following two methods:

i. By mail: FPS-HQ

DHS, FPS

Financial Operations-Burlington P.O. Box 1279 Williston, VT 05495-1279 Attn: FPS-HQ Invoice

ii. By e-mail: FPSInvoice.Consolidation@ice.dhs.gov

• The invoice number and FPS-HQ shall be annotated in the subject line of the e-mail.

• Only (1) invoice shall be submitted per e-mail message.

• The invoice attached to the e-mail shall be in Portable Document Format (PDF).

mailto:FPSInvoice.Consolidation@ice.dhs.gov

Invoices submitted by other than these two methods will not be processed and will be returned.

3. The Contractor shall provide an informational copy of each invoice to the CO, Melissa Stolle at melissa.stolle@fps.dhs.gov, the COR, Susan Hudson at Susan.L.Hudson@FPS.DHS.Gov concurrent with submission to the designated billing office referenced above.

4. In addition to the information required for a proper invoice as identified in FAR 52.212-4 (g) (1), Contract Terms and Conditions – Commercial Items, (OCT 2018), the Contractor shall include the following information:

a. Annotate “FPS HQ” on the face of each invoice

b. Clearly identify the period of performance for which the services were rendered or the date the supplies were delivered to the government (invoices for periods of performance that encompass less than a full month of service must show the specific dates that services were rendered).

c. Cite the identical CLIN description on the invoice as what is cited within the CLIN description listed in the Task Order.

d. Where there are variances between the requirements cited in the Order and the work actually performed, the Contractor shall attach a separate sheet to the invoice detailing each instance of a variance.

5. Contractors shall submit only one invoice per Task Order or order per month.