Attachment_C_SOL_RFQ.pdf

COMBINED SYNOPSIS/SOLICITATION FOR INTERNET MONITORING SERVICES

SOLICITATION NUMBER: 75F40124Q00348

i. This is a combined synopsis/solicitation for commercial services prepared in accordance with the Federal Acquisition Regulation (FAR) 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 Food and Drug Administration intends to award a firm-fixed price purchase order. This procurement is being conducted under simplified acquisitions procedures in accordance with FAR Parts 12 in conjunction with Part 15.

ii. The solicitation number is 75F40124Q00348. The solicitation is issued as a request for quote (RFQ).

iii. The solicitation documented and incorporated provisions and clauses in effect through the Federal Acquisition Circular (FAC) FAC-2024-05, Effective 05/22/2024l

iv. The associated North American Industry Classification System (NAICS) Code is 541519 Other Computer Related Services with a small business size standard of $34 million. The solicitation is for full and open competition.

v. The US Food & Drug Administration (FDA) intends to issue a Commercial Item Firm Fixed-Price purchase order that meets the following specifications below. Please submit all quotes with:

a) Pricing for all line items

CLIN Description Anticipated POP

1 Base: Internet Monitoring Services 08/21/2024 – 08/20/2025 2 Option Year 1: Internet Monitoring Services 08/21/2025 – 08/20/2026 3 Option Year 2: Internet Monitoring Services 08/21/2026 – 08/20/2027 4 Option Year 3: Internet Monitoring Services 08/21/2027 – 08/20/2028 5 Option Year 4: Internet Monitoring Services 08/21/2028 – 08/20/2029

Quotes that do not price all line items may be deemed non-responsive.

vi. and vii. Description of Requirement and Attachments

Attachment A - Statement of Work (SOW) - Description of the requirement.

Attachment B – Pricing Workbook Attachment C – SOL_RFQ # 75F40124Q00348

viii. The provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition. Additional instructions are detailed below.

This section provides instructions for preparing quotes for the solicitation. Quoters are cautioned to follow the instructions carefully to assure the Government receives consistent information in a form that will facilitate quote evaluation. For the purposes of preparing quotes, quoters should assume an award timeframe of August 2024.

The Government intends to conduct this procurement through a phased quote submission process utilizing a combination of an oral presentation and written submissions.

a. Instructions for Quote Preparation

Quoter are instructed to read the entire RFQ document, including all attachments, prior to submitting questions and/or preparing your quote. Omission of any information from the quote submission requirements may result in rejection of the quote.

Quoters shall note that quotes will be evaluated, and a selection decision will be made.

Quoters are expected to follow the detailed quote preparation instructions fully and carefully. The Government will rely on the information provided by the quoter to evaluate the quotes. It is therefore imperative that quoters carefully follow the instructions set forth below and submit their quotes in the format and with the content specified below, providing all requested information.

The Quoter’s are responsible for the accuracy and completeness of its quote. Price quote shall be valid through September 30, 2024.

b. Page Size and Font

All electronic submitted PDF documents shall use no smaller than 12-point font. Text in graphics and charts shall be no smaller than 9-point font, and text in tables shall be no smaller than 9-point font. It is the sole responsibility of the Quoter’s to ensure that the electronic media submitted is virus-free and can be opened and read by the Government. The deadline for submission of the electronic copy of the quote is firm. As the closing date and time draws near, heavy traffic on the web server may cause delays. Quoters are strongly encouraged to plan and leave ample time to prepare and submit their quote. Quoters bear the risk of web site inaccessibility due to heavy usage, which may occur during the final days/hours before the RFQ closing time.

The electronic copy of the quote will constitute the official copy for timely receipt.

For the electronic copy of the quote, each file shall be submitted in an unlocked format searchable by PDF and readable by Microsoft Office 2013 Excel, Word, and/or PowerPoint.

The Quoter or applicant shall submit all electronic documents for Microsoft Office suite products without the use of “macros”. When submitting quotes via email, DO NOT include .exe, .mso, or any other executable file types that could potentially trigger email security protections (i.e. email blocks, quarantine). If the Quoter or applicant submits documents that contain macros, macro referenced files, and/or executable files, the Government will not be able to view or open such documents and the submission will be considered non-responsive to the solicitation. No additional time will be given to an quoter or applicant to correct the document submission and the Government will not inform the Quoter or applicant that their submission is non-responsive prior to award. It is the quoters or applicant’s responsibility to ensure all electronic documents are submitted without the use of macros.

c. Quote Content

The CS, identified in Section II, is the point of contact for this acquisition. The required elements of quote submission are provided in Table 1 below. Submissions must be in PDF format with the Pricing Excel Workbook to be in Excel format.

d. Advisory Down-Selection Notification

After the Government completes the evaluation of Phase I, Quoters will receive an advisory notification letter via e-mail from the Government. This notification will advise the Quoters of the Government’s advisory recommendation to proceed or not to proceed with Phase II submission. Quoters who are rated most highly in Phase I will be advised to proceed to Phase II of the quote submission process. Quoters 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 costs for Quoters who have a diminished chance of receiving an award.

The Government will determine the appropriate number of Quoters for Phase II that is most beneficial to the Government. However, the Government’s advice will be a recommendation only, and those Quoters 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 Quoter. Phase II submissions will not be accepted from Quoters who have not submitted Phase I quote by the due date and time stated in this solicitation. For those Quoters that are highly rated and advised to proceed to Phase II of the quote submission process, the CO/CS will include the date, time and virtual meeting link of the Quoters scheduled oral presentation. The Phase II written submission due date and the oral presentations will be scheduled approximately two (2) weeks after confirmation to proceed from the Quoter is received. The Government recommends Quoters begin preparation of Phase II quote only after receipt of the Phase I advisory down-select notice.

Table 1.

Naming Convention Tab Title

Volume I: Relevant Experience (Phase I) Tab A (Document)

Cover Page (2-page limit) – NOT EVALUATED

Tab B (Document)

Relevant Experience Criteria (6-page limit)

Volume II: Oral Presentation & Key Personnel (Phase II) Tab A

PowerPoint Slides for Oral Presentation (No Limit) – NOT

EVALUATED

Oral Presentation Questions for FDA Internet Monitoring Services

Volume III: Business & Pricing (Phase II) Tab A (Document)

Quoter Cover/Transmittal Letter

Tab B (Document)

Pricing Excel Workbook (Attachment B)

Tab C (Document)

Quote Assumptions, Exceptions and Dependencies

• Information contained in each volume shall be complete to the extent that evaluation of each tab may be accomplished independently of, and concurrently with, evaluation of the others.

Your responses must demonstrate that both your firm and personnel can successfully complete this project. Quoters shall strictly adhere to the page limits.

• NO PRICE INFORMATION IS TO BE INCLUDED IN VOLUME I or VOLUME II

e. Questions

Questions shall be e-mailed to the points of contacts listed on the SOL_RFQ #75F40124Q00348 Internet Monitoring document no later than the indicated question due date. It shall be the obligation of the Quoter to exercise due diligence to discover and bring to the attention of the CS and CO at the earliest possible time, any ambiguities, discrepancies, inconsistencies, or conflicts between the statement of work (SOW) and other documents attached hereto or incorporated by reference herein. The Government reserves the right not to answer questions received after the close of the defined question submission deadline.

f. Oral Presentation

The Government intends to hold oral presentations remotely/virtually via Zoom meetings. However, at the discretion of the Government, oral presentations may take place via another video teleconferencing (VTC) medium or by voice-only telephone. The oral presentations are anticipated to be scheduled during workdays DATES in 2024 TBD, starting at 8:50AM EST with the Introductions and Rules of Engagement. The Government intends for the oral presentation to proceed as follows:

Oral Presentation Portion

Oral Presentation Component Total Time Allotment

1 Introductions, Rules of Engagement, and schedule 10-minute limit 2 The Quoter shall present its proposed answers to the questions found under section ix and Management Approach including Staffing Plan.

45-minute limit

3 The Government shall provide “On-the-Spot" questions and the Contractor shall provide response.

30-minutes limit

4 The Quoter departs Not Specified

Quoters will not be reimbursed for any costs associated with the quote preparation or respective presentations. The Government and Quoter may agree to test the connection at a convenient time prior to the oral presentation. In the event the selected technology platform or tool cannot be made functional at the time of the scheduled oral presentation, the oral presentation may proceed as a voice-only telephone call, at the Government’s sole discretion. By participating in the oral presentations, the Quoter acknowledges that it is in compliance with all RFQ rules and parameters, in accordance with applicable laws and statutes. The Government encourages Quoters 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 Novel Coronavirus 2019 (COVID-19). Recording of oral presentations by Quoters is strictly prohibited (whether audio or video recording), notwithstanding local laws and regulations. Oral presentations are anticipated to be scheduled approximately two (2) weeks from the date of the advisory notification, and oral presentations will be scheduled after confirmation to proceed from the Quoter is received. The order in which Quoters are scheduled will be selected by the Contracting Officer. The Government reserves the right to reschedule any Quoters oral presentation at its sole discretion.

Exchanges during Oral Presentation: The Government intends for the oral presentation to be an interactive dialogue between the Quoters and the Government. These exchanges are viewed as a component of the oral presentation itself and do not constitute discussions.

The Quoter participants in the oral presentations must have one (1) Key Personnel proposed by the quoter in the quote submission, in addition up to two (2) responsible corporate officials for a total of up to three (3) participants, but this does not limit how many key personnel shall be provided in the staffing approach. During the oral presentation each key personnel shall present in addition to the corporate official. No additional personnel will be allowed during the scheduled oral presentation. Quoters shall provide the Contract Specialist with the name, employer/company, and e-mails of the Quoters participants for the oral presentation one day prior the scheduled presentation date.

ix. The provision at 52.212-2, Evaluation-Commercial Products and Commercial Services (NOV 2021) is not applicable to this requirement. The specific procedures are detailed below.

i. Basis of Award

The Government intends to issue one (1) award resulting from this solicitation to the contractor whose quoter conforms to the solicitation and represents the best value to the Government using tradeoffs to the Government, price and other factors considered.

Evaluation Phase I has one (1) phase which is significantly more important than Volume III Cost. Evaluation Phase II has two (2) phases which are listed in descending order of importance and, when combined, are significantly more important than Volume III Cost. The evaluation will be based on the demonstrated capabilities of the Quoter in relation to the needs of the project as set forth in the RFQ. The quote will be evaluated carefully in accordance with overall confidence ratings of high, moderate, low to determine the best value to the Government. It is important the quote be submitted initially with the most favorable terms and include details to support the completed pricing in the Attachment C – Pricing Excel Workbook because the Government intends to award without exchanges. However, the Government reserves the right to hold exchanges if the Government determines they are necessary.

Consequently, contractors are highly encouraged to provide their best technical and pricing quote in their initial submissions. However, the FDA reserves the right to communicate with any or all contractors submitting a technical and price quote if it is determined advantageous to the FDA to do so. This statement is not to be construed to mean that the Government is obligated to communicate with every Quoter under this solicitation. A contractor may be eliminated from consideration without further communication if its technical and/or pricing quote are not among those Contractors considered most advantageous to the Government based on the best value.

FDA shall base its award decision using a best value analysis that results in the most advantageous acquisition for the Government. FDA’s acquisition strategy used to obtain best value may result in an award to other than the lowest priced, technically rated Quoter.

This RFQ does not commit the Government to pay any cost for the preparation and submission of a quote. In addition, the Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with this proposed acquisition. The Government reserves the right to make administrative price/technical trade-offs that are in the best interest and to the advantage of the Government.

The Government will evaluate the quote for award purposes by adding the total price for all options (including the option to extend services) to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

ii. Evaluation Factors & Criteria

Volume 1 Phase I Quote Preparation Instructions & Evaluation

The following instructions are for the preparation and submission of quotes. The purpose of this section is to establish requirements for the format and content of quotes so that quotes contain all essential information and can be evaluated equitably. Quoters are instructed to read the entire solicitation document, including all attachments, prior to submitting questions and/or preparing your quoter. Omission of any information from the quote submission requirements may result in rejection of the quote.

(1) Quoters are expected to follow the detailed quote preparation instructions fully and carefully. The Government will rely on the information provided by the Quoters to evaluate the quotes. It is therefore imperative that Quoters carefully follow the instructions set forth below and submit their quotes in the format and with the content specified below, providing all requested information.

(2) Quotes that fail to provide information in the format requested may be found unacceptable and may be rejected without further consideration if the Contracting Officer determines that a significant revision or addendum to the Quoters quote would be required to permit further evaluation, and especially if the incompleteness of the quote or errant formatting of the quote appears to be due from a lack of diligence or competence of the Quoters.

(3) The instructions provided have been specifically tailored to the evaluation procedures to be applied for quote evaluations. They are designed to ensure the submission of information essential to the understanding and comprehensive validation and evaluation of quotes. Clarity and completeness are of utmost importance to the quote. The relevance and conciseness of the quote is important. The Quoters are responsible for the accuracy and completeness of its quote.

Factor 1: Relevant Experience (Phase I)

I. TAB B: Relevant Experience (6-page limit): The Quoters shall provide a total of three (3) separate Relevant Experience contracts where each contract is similar to the requirements in the Attachment_A_SOW in terms of type, scope, complexity, and dollar value, as defined below, in which the Quoters is the Prime/subcontractor or team lead in a teaming arrangement that can be ongoing or have been completed within the last three (3) years. Each narrative shall describe the work performed solely by the Quoters under the contract. Contracts listed may include those entered into by the Federal Government or agencies of state and local Governments.

The terms scope, complexity, and size, are defined below:

• Scope: is defined as relevant experience that are the same or similar to the Attachment_A_SOW requirements and task areas in Attachment_A_SOW Section 4.

• Complexity: is defined as the number of requests and reports handled by the Quoters. The anticipated number of requests is five (5) per month or sixty (60) annually.

• Size: is defined as the total dollar contract value, at least one relevant experience is required to have a minimum dollar value $1,000,000.00 in which they were the Prime contractor.

The Quoters shall, for each relevant experience contract identified above, submit the following information (if a subcontract, contact information for the prime contractor, not the customer, shall be included):

1. Name of contracting activity (Federal Government agency, State/local government, commercial customer);

2. Name of company who performed the work

3. Contract number;

4. Contract type;

5. Total contract value, and subcontract value (if applicable); -or-

6. If an order, the total value of just the order for which the Quoter was awarded;

7. Contracting Officer contact information (name, phone number, email);

8. Project Officer/Contracting Officer’s Representative contact information (name, phone number, email);

9. Administrative Contracting Officer contact information – if different from item #5 (name, phone number, email);

10. Period of performance of the project.

Evaluation: The Government will assess its level of confidence that the Quoter has provided relevant experience in its response to the questions.

The Quoters shall, for each relevant experience contract identified above, submit the following information (if a subcontract, contact information for the prime contractor, not the customer, shall be included):

1. Name of contracting activity (Federal Government agency, State/local government, commercial customer);

2. Name of company who performed the work

3. Contract number;

4. Contract type;

5. Total contract value, and subcontract value (if applicable);

6. If an order, the total value of just the order for which the Quoter was awarded;

7. Contracting Officer contact information (name, phone number, email);

8. Project Officer/Contracting Officer’s Representative contact information (name, phone number, email);

9. Administrative Contracting Officer contact information – if different from item #5 (name, phone number, email);

10. Period of performance of the project.

Confidence Ratings

The Government will assess its level of confidence that the quoter will successfully perform the requirements of the contract in regard to the evaluation factors in PHASE 1. The evaluation factors will measure the Government’s confidence that the quoter understands the requirements and will be successful in performing the contract. The evaluation will be done holistically with a rating scale of "high confidence," "moderate confidence," and "low confidence," representing the Government’s confidence that the Quoter understands the requirement and will be successful in performing the work.

The Government will assign a confidence rating for each quoter as follows:

High Confidence The Government has high confidence that the quoter understands the requirement, has the ability to perform the scope based on the size, scope and complexity required by the Government, and will be successful in performing the contract with little or no Government intervention.

Moderate Confidence The Government has some confidence that the quoter understands the requirement, has the ability to perform the scope based on the size, scope and complexity required by the Government, and will be successful in performing the contract with some Government intervention.

Low Confidence The Government has low confidence that the quoter understands the requirement, has the ability to perform the scope based on the size, scope and complexity required by the Government, or will be successful in performing the contract even with Government intervention.

Phase I Submission and Due Date

The Phase I submission shall consist of: (1) Signed cover letter certifying that the Quoter has read and agrees to comply with all of the conditions and instructions provided in this RFQ document, and all amendments issued; (2) Relevant experience submission. Quoter shall submit a written response in PDF format to address the items below that is no greater than six (6) pages excluding the cover page. If a cover page is used by the Quoter, it must be no greater than two (2) pages but will not be evaluated and Quoter Information and Confirmation must be no greater than one (1) page.

Written response content that extends beyond six (6) pages for relevant experience will not be evaluated. No other methods of submission will be accepted. Each Quoter will receive an Advisory Notification letter for Phase II.

Phase I submission shall be emailed to the points of contacts listed on the SOL_RFQ #75F40124Q00348 Internet Monitoring document no later than the indicated Phase I due date. All Phase I submissions must indicate that the submission is for Phase I.

Volume II Phase II Quote Preparation Instructions & Evaluation Criteria

The Government’s Advisory notification to Quoter’s after evaluation of Phase I RFQ submissions will include the due date for Phase II written submissions, as well as the scheduled time for Quoter’s oral presentations. The Quoters oral presentation shall provide the Government an understanding of the Quoters proposed Internet Monitoring Solution. The oral presentation shall address the solution, plans and resources necessary to satisfy all SOW objectives and task areas. In detailing its target solution, the Quoters shall provide capability of internet monitoring and reporting focusing on illicit websites, operators, and facilitators of FDA-regulated products.

I. TAB A: PowerPoint Slides for Oral Presentation (No Limit)

• SLIDES WILL NOT BE EVALUATED; Therefore, Quoter is not required to provide a copy of slides.

• There is no slide limit; however, the Quoter is reminded to consider that the oral presentation is time boxed and is encouraged to consider how many slides can be adequately covered during the oral presentation. Only content of the oral presentation is being considered in the evaluation regardless if it is included in the slide deck. If information Quoters present is not spoken, it will not be evaluated.

• After the oral presentation, the Government intends to ask “on-the-spot" questions to the Quoter.

Quoters shall adhere to the format of the oral presentation guidance in addition to the rules of engagement for oral presentations which the government will provide with the advisory notice.

II. Evaluation Criteria

The following evaluation factors will be used:

Factor 2: Oral Presentation of Questions for FDA OCI Internet Monitoring Services (Phase II)

Instructions: The Quoter shall provide detail solutions to below Questions.

Oral Presentation Questions for FDA Internet Monitoring Services (IMS)

Question # Background Questions

Under the statement of work (SOW) for the Internet Monitoring Services (IMS) contract, the contractor will be asked to assist FDA in identifying illegal marketing and/or sale of FDA-regulated products via the Internet on platforms including, but not limited to, websites, social media, and chat/messaging services. In addition to identifying these illegal sales, the contractor will be asked to attempt to identify those behind the sales, find online discussions surrounding such illegal sales and identify supporting infrastructure.

Finally, the contractor will be asked to memorialize what they have found

What is your overall approach to the management of the IMS contract and achieving the performance objectives listed within the Background and in the IMS SOW? What would be your overall management plan to address organization structure, efficient strategies for retaining and recruiting qualified employees and ensures professional development opportunities? How would you ensure qualified staff are quickly identified to maintain staffing levels required to perform the work under these task areas. How would you develop and implement a feasible strategy for employees maintaining training as required to successfully perform duties under IMS task areas? Utilizing your management plan, how will you quickly respond to months of higher volumes of informational request (staffing, transition-in, etc.)? How would you approach simultaneously managing multiple informational requests at the same time special projects are assigned? Provide a description of management methods, communication approach, approach to in a detail report back to FDA-OCI. status reporting, approach to problem resolution and ensuring quality and timeliness of deliverables.

Under the IMS contract, the contractor shall provide monitoring of the Internet to capture relevant data, to include the targeting of the illicit online sale of pharmaceuticals/ingredients, medical devices, tobacco, food/dietary supplements, animal and veterinary products, vaccine/blood/biologics, cosmetics as well as any individuals/businesses supporting these illegal sales (supporting infrastructure).

How would you demonstrate your technical understanding and support in identifying and monitoring the sales/tactics/strategies of illicit online sellers of these identified FDA regulated products? What risks and challenges do you foresee encountering, and what approaches/strategies would you utilize for resolution or mitigation? What metrics would you look at and track your performance under this contract request?

Work completed under this contract will need to be memorialized and reported back to OCI.

How have you captured videos, posts, reels, etc., from Social media? Are there any limitations with the volume that can be captured?

Work completed under this contract will include the ability to analyze data associated with the illicit sale of FDA regulated products on the internet and identify trends/patterns based on this monitoring activity. When analyzing data provided by FDA-OCI, the contractor will need to look for trends as well as identify networks (if they exist), and infrastructure supporting these sales. The contractor will also need to make educated assessments of the vendors actual product sales.

Provide examples of when your monitoring/research activity has allowed you to take intel related to one illicit website and connect or build out a related network of illicit websites under the same ownership. Explain instances where your internet monitoring has identified emerging trends in the illicit sale of FDA regulated products. Also provide examples on how your monitoring was able to determine that an illicit online website advertising FDA regulated products for sale was actually involved in a non-delivery scheme and the indicators that allowed you to come to such a determination.

Evaluation: The Government will determine the level of confidence to the extent in which the quoter:

Q1: The Government will evaluate the extent that the Quoter’s overall approach to the management of the IMS contract and achieving the performance objectives listed within the Background and in the IMS SOW. The Government will evaluate the overall management plan to address organization structure, efficient strategies for retaining and recruiting qualified employees and ensures professional development opportunities.

Q2: The Government will evaluate the extent that the Quoter’s demonstrate the technical understanding and support in identifying and monitoring the sales/tactics/strategies of illicit online sellers of these identified FDA regulated products. The Government will evaluate the presented risks and challenges foreseen encountering, what approaches/strategies are utilized for resolution or mitigation, and the metrics used to track performance.

Q3: The Government will evaluate the extent that the Quoter demonstrates how videos, posts, reels, etc. will be captured and any limitations associated.

Q4: The Government will evaluate the extent that Quoter’s examples demonstrate when monitoring/research activity has allowed you to take intel related to one illicit website and connect or build out a related network of illicit websites under the same ownership, explained instances where internet monitoring has identified emerging trends in the illicit sale of FDA regulated products, and how monitoring was able to determine that an illicit online website advertising FDA regulated products for sale was actually involved in a non-delivery scheme and the indicators that aided in supporting such a determination.

Factor 3: Key Personnel for FDA OCI Internet Monitoring Services (Phase II)

Instructions: The Quoter shall provide its management approach for executing the requirements in the SOW/BPA. The Quoter shall provide its Management Approach requirements to demonstrate the following:

• Staffing Plan The Quoter shall include a staffing plan and a description of current personnel resources in relation to the SOW. The Quoters plan should address the management approach, assigned staffing capabilities and experience to meet the requirements of this solicitation.

• The Quoters staffing plan shall include one (1) Key Personnel as follows

Key Personnel: Project Manager The Program Manager must have the following job functions/duties:

• The Project Manager shall attend meetings as determined by the COR.

• The Project Manager shall have full authority to act on behalf of the contract on all contract matters relating to daily operation of this contract.

• The Project Manager shall provide oversight and supervision of all contractor personnel assigned to this contract.

• The Project Manager shall ensure adequate number of personnel available to provide the Internet Monitoring Services as specified in this Order.

Evaluation: The Government will evaluate the Quoters presentation on the Management Approach requirements to demonstrate the following:

• Staffing Plan o The Quoter shall include a staffing plan and a description of current personnel resources in relation to the SOW. The Quoter plan should address the management approach, assigned staffing capabilities and experience to meet the requirements of this solicitation. The Quoters staffing plan shall include the one (1) Key Personnel as identified above.

Factor 4: Oral Presentation of “On the Spot” Questions (Phase II)

Instructions: The Government will ask “on-the-spot” questions. These questions will pertain to the technical approach for the OCI Internet Monitoring Services.

Evaluation: The Government will evaluate to the extent that the Contractor’s responses to the “on-the-spot" questions demonstrate their expertise and experience with the OCI Internet Monitoring Services.

Confidence Ratings

The Government will assess its level of confidence that the quoter will successfully perform the requirements of the contract in regard to the evaluation factors in PHASE 2. The evaluation factors will measure the Government’s confidence that the quoter understands the requirements and will be successful in performing the contract. The evaluation will be done holistically with a rating scale of "high confidence," "moderate confidence," and "low confidence," representing the Government’s confidence that the Quoter understands the requirement and will be successful in performing the work.

The Government will assign a confidence rating for each quoter as follows:

High Confidence The Government has high confidence that the quoter understands the requirement, has the ability to perform the scope based on the size, scope and complexity required by the Government, and will be successful in performing the contract with little or no Government intervention.

Moderate Confidence The Government has some confidence that the quoter understands the requirement, has the ability to perform the scope based on the size, scope and complexity required by the Government, and will be successful in performing the contract with some Government intervention.

Low Confidence The Government has low confidence that the quoter understands the requirement, has the ability to perform the scope based on the size, scope and complexity required by the Government, or will be successful in performing the contract even with Government intervention.

Phase II Quote Submission and Due Date

Phase II submission shall consist of: (1) Signed cover letter certifying that the Quoter has read and agrees to comply with all of the conditions and instructions provided in this RFQ document, and all amendments issued; (2) Oral Presentation; and (3) Schedule and Price Matrix. The Phase II submission instructions will be provided on the advisory notification letter, including the Phase II written submission due date and time, and along with the date and time of the oral presentation which will include the virtual meeting link of the Quoter’s scheduled oral presentation.

No other methods of submission will be accepted.

Volume III: Tab B: Price Quote Instructions and Evaluation

The Government will evaluate price in order to ensure a fair and reasonable price. The total evaluated price will be the total represented by the sum of all prices – as expressed in Attachment B - Pricing Excel Workbook – for the base plus all options. Any price quotation that does not provide a fair and reasonable price may be deemed unacceptable and removed from further consideration.

The Government may reject any price quote that is evaluated to be significantly not compliant with the solicitation requirements, have an unreasonable level of effort and or labor mix, an unreasonably high or low price, or reflects a failure to comprehend the complexity and risks of the work to be performed. The price quote will be evaluated inclusive of optional line items (CLINS) and optional periods of performance based on the total proposed value.

Quoters shall certify their quote to be valid through September 30, 2024.

Quoters shall submit pricing, including unit pricing, for each item requested and total final price. Quote shall clearly state the overall cost to the Government, including options.

Quoters shall submit a quote for all requirements listed in this RFQ. Partial quoter will not be considered. Incomplete pricing or pricing with omissions may not be considered for award.

Rates shall remain the same for a 12-month period of performance and shall not change midstream of the Order period of performance.

Quoters participating in teaming/partnering arrangements for this acquisition shall submit their teaming/partnering agreements with their quote. The agreements shall be signed by the parties and shall demonstrate the relationship between firms and identify contractual relationships and authorities to bind the firm and the team/partnership.

Quoters proposing major subcontracts (subcontracts exceeding 10% of the overall prime contract value) shall submit signed letters of commitment from the subcontractors which define the contractual relationship and identify contribution to the planned arrangement in terms of the type and proportion of work to be performed. Copies of agreements and letters of commitment shall be submitted with the quote under this section and will not count towards the page limitation. Quoters shall include a cover page with their agreements to include a list of the teaming/partnering parties and the following information for each party: company name, SAM UEI, address, point of contact, email address, phone, and fax numbers.

Volume III: Tab C: Quote Assumptions, Exceptions, & Dependencies

Quoters shall submit all assumptions in their quote.

Assumptions - Quoters must indicate, in this section only, if any pricing-related assumptions have been made, conditions have been stipulated or exceptions have been taken with this RFQ or the Statement of Work as written. If assumptions are not noted in this Volume and this section of the quote, it will be assumed that the firm’s quote reflects no assumptions for award and the firm agrees to comply with all of the terms and conditions set forth herein. It is not the responsibility of the Government to seek out and identify assumptions, conditions, or exceptions buried within the firm’s quote. Accordingly, any pricing related assumptions listed in any other volume or section shall be null and void.

Any exceptions taken to the price related terms and conditions of the RFQ shall be stated in this Section. Any assumptions that are considered unacceptable by the Government and cannot be resolved may result in the firm being removed from consideration.

x. The provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (MAY 2024), applies to this acquisition. The vendor shall complete only paragraph (b) of this provision if the vendor has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal.

xi. The clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (NOV 2023), applies to this acquisition and with an addenda for invoicing procedures which can be found under Attachment A Statement of Work, section Invoicing Instructions.

The contractor may propose an invoicing and payment plan that the Government may consider. If no formal plan proposed, invoicing and payment will occur at the end of services rendered.

xii. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items (MAY 2024), applies to this acquisition.

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78

( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub.

L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

https://www.sam.gov/portal https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/part-3#FAR_3_900 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim

_ X_ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title II).

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub.

L. 115–390, title II).

__ (ii) Alternate I (DEC 2023) of 52.204-30.

_ X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

_ X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022)

(if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (17) [Reserved]

__ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

_X_ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 15 U.S.C. 637(d)(2) and (3)).

_X_ (21) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2023) of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned

Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) ( 15 U.S.C. 657f).

__ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) ( 15 U.S.C. 632(a)(2)).

https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_204_30 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) ( 15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

__ (30)…