DHS_RFP_70RHAD18R00000005_Subscription_Services.pdf

DHS RFP# 70RHAD18R00000005 SUBSCRIPTION INFORMATION SERVICES

RFP# 70RHAD18R00000005 – Combined Synopsis/Solicitation for Online Biosurveillance and

Medical Information Services

I. DOCUMENT DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is 70RHAD18R00000005. The solicitation is issued as a request for proposal (RFP) and the solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) 2005-98.

This is an unrestricted requirement and is not a set-aside. The North American Industrial Classification System (NAICS) code for this acquisition is 519130. The small business size standard is 1,000 employees.

II. PRICING SCHEDULE/LIST OF CONTRACT LINE ITEM NUMBERS (CLIN)

CLIN DESCRIPTION QTY UNIT PRICE

0001 Base Period: Online Biosurveillance Information 1 Year $ 0002 Base Period: Online Medical Information 1 Year $

1001 Option Period 1: Online Biosurveillance

Information 1 Year $

1002 Option Period 1: Online Medical Information 1 Year $

2001 Option Period 2: Online Biosurveillance

Information 1 Year $

2002 Option Period 2: Online Medical Information 1 Year $

3001 Option Period 3: Online Biosurveillance

Information 1 Year $

3002 Option Period 3: Online Medical Information 1 Year $

4001 Option Period 4: Online Biosurveillance

Information 1 Year $

4002 Option Period 4: Online Medical Information 1 Year $

Total Base Plus All Option Periods $

III. DESCRIPTION OF REQUIREMENTS

A. Place of Delivery

Department of Homeland Security Office of Health Affairs National Biosurveillance Integration Center 245 Murray Lane Washington, DC 20528

B. Introduction and Overview

The Office of Health Affairs (OHA) serves as the Department of Homeland Security’s principal authority for all medical and health issues. OHA provides medical, public health, and scientific expertise in support of the DHS mission to prepare for, respond to, and recover from all threats.

OHA serves as the principal advisor to the Secretary and the Federal Emergency Management Agency (FEMA) Administrator on medical and public health issues; leads the Department’s workforce health protection and medical oversight activities; and leads and coordinates the Department’s biological and chemical defense activities.

Through management of the Department’s operational biodefense programs, including the National Biosurveillance Integration Center (NBIC), OHA conducts biosurveillance activities to enable early warning and situational awareness of acute biological events and support better decisions through rapid identification, characterization, localization, and tracking. The objective of NBIC is to advance the safety, security, and resilience of the Nation by leading an integrated biosurveillance effort in support of Federal, and state and local stakeholders.

C. Online Subscription Requirements:

1. The contractor shall provide NBIC with access to online disease related information. Specific subscription requirements include access to information on diseases, pathogens, antibacterial agents, drugs, vaccines, microbial taxa, possible disease epidemics, bioterrorism attacks and other related disease information from locations around the world. The information shall be available for regional analysis and other data mining techniques by NBIC. The information shall be available in a simultaneously searchable format. Access to the information is required 24 hours a day, 7 days a week, and 365 days a year. Simultaneous access to the information is required for at least five

(5) DHS/OHA authorized officials within a total user population of 40 Full Time Equivalents (FTEs).

2. The contractor shall provide NBIC with access to indexed, full text medical journals. Specific subscription requirements include access to online indexed full text nursing and allied health journals dating back to 1981, and online indexed full text medical journals. The information shall be available in a simultaneously searchable format. Access to the information is required for all DHS/OHA authorized officials within a total user population of 40 FTEs.

3. Separate invoices shall be submitted for the online disease related information and the online medical journals subscriptions. The invoice for online disease related information shall reference its corresponding CLIN. The invoice for online medical journal subscription shall reference its corresponding CLIN.

4. The period of performance includes a 1-year base period and four (4) 1-year option periods as follows:

Base Period: 9/26/2018 to 9/25/2019 Option Period 1: 9/26/2019 to 9/25/2020 Option Period 2: 9/26/2020 to 9/25/2021 Option Period 3: 9/26/2021 to 9/25/2022 Option Period 4: 9/26/2022 to 9/25/2023

IV. CONTRACT TERMS AND CONDITIONS

A. The provision at FAR 52.212-1, Instructions to Offerors—Commercial (Jan 2017), applies to this acquisition.

B. The clause at FAR 52.212-4, Contract Terms and Conditions, applies to this acquisition.

C. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2018), applies to this acquisition including the additional FAR clauses referenced in the clause as follows:

a) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995);

b) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015);

c) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013);

d) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul

2013)

e) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Aug 2013)

f) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012)

g) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Oct 2014);

h) 52.222-3, Convict Labor (Jun 2003);

i) 52.222-19, Child Labor Cooperation with Authorities and Remedies (Jan 2018);

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

k) 52.222-26, Equal Opportunity (Sep 2016);

l) 52.222-35, Equal Opportunity for Veterans (Oct 2016);

m) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014);

n) 52.222-37, Employment Reports on Veterans (Feb 2016);

o) 52.222-50, Combating Trafficking in Persons (Mar 2015);

p) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug

2011);

q) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008);

r) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (Jul

2013);

s) 52.232-36, Payment by Third Party (May 2014);

t) 52.239-1, Privacy or Security Safeguards (Aug 1996);

D. The following FAR and DHS Homeland Security Acquisition Regulations (HSAR) clauses identified below, also apply to this acquisition:

FAR Clauses:

1) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014)

2) 52.204-7 System for Award Management (Oct 2016)

3) 52.213-2 Invoices (Apr 1984)

4) 52.217-8 Option to Extend Services (Nov 1999) (insert 15 days)

5) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (first insert – 15 days/second insert – 30 days/third – 5 years);

6) 52.247-34, FOB Destination (Nov 1991).

HSAR Clauses:

1) 3052.203-70 Instructions for Contractor Disclosure of Violations (Sep 2012);

2) 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and

(5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

(End of Provision)

3) 3052.242-72 Contracting Officer's Technical Representative (Dec 2003);

4) 3052.247-72 F.O.B. Destination Only (Dec 2003).

END OF CLAUSE AND PROVISIONS.

V. SOLICITATION INSTRUCTIONS

The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition as well as the addenda described below:

A. Quotes shall consist of the following:

1. A cover letter that (a) identifies the solicitation number; (b) the time specified for receipt of offers; (c) the name, address, email address, and telephone number of the offeror; (d) remit to address, if different than mailing address; (e) acknowledgement of solicitation and amendments (if applicable), and completion of all requested and applicable provisions; (f) assertion of the offeror’s acceptance of the terms and conditions contained in the solicitation;

(g) offeror’s Tax Identification Number and Dun & Bradstreet Number.

2. A completed pricing schedule identifying the proposed price for each of the CLINS listed in Section B (Pricing Schedule/List of Contract Line Item Numbers) of this document. Prices shall be proposed for each CLIN on a firm-fixed-price basis, FOB delivery. Please also indicate the total price for the base plus all four option periods.

3. A technical description of the subscription services being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary as further described below:

3.1 A technical description of the subscription to biosurveillance information offered including the type of information contained in the subscription (disease, drugs, pathogens, microbial taxa, etc.), the number of countries from which information is drawn, and the number of users (at least 5) who will be provided access.

3.2 A technical description of the subscription to online full text medical journals offered including the type of journals (nursing, allied health, etc.), the number of journals, and the range of years of publication (e.g. 1981 – Present).

4. Representations and Certifications. Include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items (Nov 2017). The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision and submit these completed sections with its quote.

B. Questions about the solicitation shall be submitted via email by 7/26/2018 at 1:00 p.m. ET to the contract specialist, Brendan Benisek, at Brendan.Benisek@hq.dhs.gov.

C. Quotes shall be submitted via email by 8/2/2018 at 1:00 p.m. ET to the contract specialist, Brendan Benisek, at Brendan.Benisek@hq.dhs.gov. Late submissions will not be considered.

VI. EVALUATION

A. The provision at 52.212-2, Evaluation-Commercial Items (Oct 2014), applies to this acquisition as described below:

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 most advantageous to the mailto:Brendan.Benisek@hq.dhs.gov mailto:Brendan.Benisek@hq.dhs.gov

Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Type and breadth of information

(ii) Number of users/extent of access

(iii) Price

The technical evaluation factors (type and breadth of information and number of users/extent of access) are approximately equal in importance. The technical evaluation factors, when combined, are significantly more important than price.

(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.

B. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offerors’ 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 to be necessary.

C. The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government’s best interest to do so.

END OF SOLICITATION.