Attachment 1 - Evaluation Criteria and Clauses and Provisions SP7000-20-Q-1038.pdf

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Solicitation # SP7000-20-Q-1038

General

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items, in conjunction with FAR Part 13, 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. This solicitation is issued as a Request for Quotation (RFQ) number SP7000-20-Q-1038. .

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-97 effective 24 JAN 2018, and Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20180131 edition, and Defense Logistics Acquisition Directive (DLAD) Current to Revision 5, and

PROCLTR 2018-03.

The proposed contract action is to migrate iComplaints software to Entellitrak platform for EEO for which the Government intends to solicit and negotiate with Only One Source under the authority of FAR 13.106-1(b). All responsible sources may submit quotations which shall be considered by the agency.

The intent is to award to Tyler Technologies (formerly Micropact). The associated North American Industrial Classification System (NAICS) code is 511210. The Federal Supply Class is 7030.

Requirement Description / Period of Performance:

Period of Performance: 15 July 2020 to 14 July 2021

CLIN 0001 icomplaints upgrade to Entellitrak ETK EEO

CLIN 0001 ETK EEO Annual Support and Upgrade Subscription

Period of Performance: 15 July 2020 to 14 July 2021

CLIN 0002 Migration services

Important Dates

Quote Submission:

Solicitation Close Date: 06/08/2020 no later than 10:00 AM Eastern.

Quotes must be submitted electronically only to the points of contacts listed below. It is the contractor’s responsibility to ensure that their electronic correspondence and/or quote information has been received by the Government. Please submit the quote with the following information:

a. Offeror Name

b. Offeror Mailing Address

c. Offeror CAGE Code

d. Offeror POC

e. Offeror POC Job Title

f. Offeror POC phone number

g. Offeror POC e-mail

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Points of Contact:

Please submit correspondence in conjunction with this solicitation to the following points of contact listed below.

Primary POC:

Contract Specialist: Valerie Almodovar Email: valerie.almdovar@dla.mil

Secondary POC:

Contracting Officer: Maria E. Anguiano E-mail address: maria.anguiano@dla.mil

Evaluation Criteria

FAR 52.212-2 - Evaluation -- Commercial Items (Oct 2018)

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

Price

Technical Capability

Past Performance

Technical and past performance, when combined, are Not Applicable. The Lowest Priced Technically Acceptable method will be used.

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

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

(End of Provision)

The evaluation method that will be utilized is Lowest Priced Technically Acceptable (LPTA) in accordance with FAR 15.101-2. Award will be made on the basis of the lowest evaluated price of quotes meeting or exceeding the acceptability standards for non-cost factors. Tradeoffs are not permitted. Quotes are evaluated for acceptability but not ranked using the non-cost/price factors. The evaluation criteria are as follows: Price, Technical Capability, and Past Performance.

mailto:valerie.almdovar@dla.mil mailto:maria.anguiano@dla.mil

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Price

The contractor must submit a single unit price for each line item listed in attachment 2, CLIN Structure, and a total price. The total price will be used to evaluate the lowest priced quote. Complete and submit attachment 2 with your response.

Technical Requirements

The contractor must include part numbers on their quote or provide a separate list of part numbers to determine their quote is technically acceptable (See Attachment 2, CLIN Structure, for product/part numbers). Complete and submit attachment 3, Technical Requirements Compliance Form, with your quote.

Past Performance

Past performance will be reviewed in accordance with FAR 13.106-2(b) Evaluation procedures. The contracting officer will review the System for Award Management (SAM), Past Performance Information Retrieval System (PPIRS), and the Federal Awardee Performance and Integrity Information System (FAPIIS) repositories.

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Clauses Incorporated by Reference

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) (IAW FAR 52.107(b)) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Regulations URLs: (Click on the appropriate regulation.)

https://www.acquisition.gov/browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

NOTE: After selecting the appropriate regulation above, at the "Table of Contents" page, conduct a search for the desired regulation reference using your browser's FIND function. When located, click on the regulation reference (hyperlink).

(End of Clause)

FAR 52.204-9

FAR 52.204-13

FAR 52.204-23

FAR 52.204-18

FAR 52.204-19

FAR 52.204-21

FAR 52.209-10

FAR 52.212-4

FAR 52.212-5

FAR 52.217-5

FAR 52.217-9

FAR 52.219-28

FAR 52.222-3

FAR 52.222-19

FAR 52.222-21

FAR 52.222-26

FAR 52.222-50

FAR 52.223-18

FAR 52.224-3

FAR 52.225-1

FAR 52.225-13

PERSONAL IDENTITY VERIFICATION (JAN 2011)

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND

OTHER COVERED ENTITIES (JUL 2018)

COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(JUL 2016)

INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016)

PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (NOV 2015)

CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (Oct 2019)

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (Oct 2018)

EVALUATION OF OPTIONS (JULY 1990)

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JUL 2013)

CONVICT LABOR (JUN 2003)

CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES

(Jan 2018)

PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

EQUAL OPPORTUNITY (SEP 2016)

COMBATING TRAFFICKING IN PERSONS (MAR 2015)

ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (AUG 2011)

PRIVACY TRAINING (JAN 2017)

BUY AMERICAN – SUPPLIES (MAY 2014)

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

http://www.acquisition.gov/browsefar http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

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FAR 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

FAR 52.233-1 DISPUTES (MAY 2014)

FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996)

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

FAR 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)

FAR 52.247-34 F.O.B. DESTINATION (NOV 1991)

FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

DLAD 52.204-9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (JUL 2015)

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2011)

DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (SEP 2013)

DFARS 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (NOV 2011)

DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR

1992)

DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER

INCIDENT REPORTING (OCT 2016)

DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR

LITIGATION SUPPORT (MAY 2016)

DFARS 252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

DFARS 252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)

DFARS 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (JUN 2012)

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

DFARS 252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR

PERSONNEL (JUN 2013)

DFARS 252.239-7010 CLOUD COMPUTING SERVICES (OCT 2016

DFARS 252.239-7016 TELECOMMUNICATIONS SECURITY EQUIPMENT, DEVICES,

TECHNIQUES, AND SERVICES (DEC 1991)

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA—BASIC

(APR 2014)

DFARS 252.225-7051 PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL

SATELITTE SERVICES (DEC 2018)

DFARS 252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS AND

TUNGSTEN (APR 2019)

Full Text Clauses:

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

2-in-1 Document Type (Contracting Officer: Insert applicable document type(s).

Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

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(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Destination (Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701 Issue By DoDAAC SP7000 Admin DoDAAC SP7000 Inspect By DoDAAC Ship To Code SL4730 Ship From Code Mark For Code Service Approver (DoDAAC) SL4730 Service Acceptor (DoDAAC) SL4730 Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Marianne Sephton – marianne.sephton@dla.mil (Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

disa.ogden.esd.mbx.cscassig@mail.mil (Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of Clause) mailto:marianne.sephton@dla.mil mailto:disa.ogden.esd.mbx.cscassig@mail.mil

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Provisions Incorporated by Reference

FAR 52.252-1 SOLICITATIONS PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporated one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The full text of a clause may be accessed electronically at this/these address(es): Regulations URLs: (Click on the appropriate regulation.)

https://www.acquisition.gov/browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

NOTE: After selecting the appropriate regulation above, at the "Table of Contents" page conduct a search for the desired regulation reference, using your browser's FIND function. When located, click on the regulation reference (hyperlink).

(End of Provision)

FAR 52.203-18

FAR 52.204-7

FAR 52.204-8

FAR 52.204-16

FAR 52.204-17

FAR 52.204-20

FAR 52.204-22

FAR 52.209-11

FAR 52.212-1

FAR 52.212-3

FAR 52.222-18

FAR 52.223-22

FAR 52.225-2

FAR 52.225-18

FAR 52.225-25

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS--REPRESENTATION (JAN 2017)

SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(JUL 2016)

OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

PREDECESSOR OF OFFEROR (JUL 2016)

ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL

LAW (FEB 2016)

INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL

ITEMS (OCT 2018)

CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR

LISTED END PRODUCTS (FEB 2001)

PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND

REDUCTION GOALS--REPRESENTATION (DEC 2016)

BUY AMERICAN CERTIFICATE (MAY 2014)

PLACE OF MANUFACTURE (AUG 2018)

PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN

CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN--

REPRESENTATION AND CERTIFICATIONS (AUG 2018)

http://www.acquisition.gov/browsefar

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DLAD 52.233-9001 DISPUTES – AGREEMENT TO USE ALTERNATIVE DISPUTE

RESOLUTION (DEC 2016)

DFARS 252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(JAN 2015)

DFARS 252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS (OCT 2016)

DFARS 252.213-7000 NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF PAST

PERFORMANCE INFORMATION RETRIEVAL SYSTEM—STATISTICAL

REPORTING IN PAST PERFORMANCE EVALUATIONS (MAR 20185)

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (DEC 2019)

DFARS 252.239-7009 REPRESENTATION OF USE OF CLOUD COMPUTING (SEP 2015)

252.225-7974 Representation Regarding Business Operations with the Maduro Regime. (Deviation 2020-

O0005) (FEB 2020)

Use the following provision in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items, unless the solicitation is—

(d) Jointly determined by the Secretary of Defense and the Secretary of State to be—

• Necessary for purposes of—

• Providing humanitarian assistance to the people of Venezuela;

• Disaster relief and other urgent lifesaving measures; or

• Carrying out noncombatant evacuations; or

• Vital to the national security interests of the United States; or

(e) Related to the operation and maintenance of the United States Government’s consular offices and diplomatic posts in Venezuela.

REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE

MADURO REGIME (DEVIATION 2020-O0005) (FEB 2020)

(h) Definitions. As used in this provision—

“Agency or instrumentality of the government of Venezuela” means an agency or instrumentality of a foreign state as defined in section 28 U.S.C. 1603(b), with each reference in such section to “a foreign state” deemed to be a reference to “Venezuela.”

“Business operations” means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

“Government of Venezuela” means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela.

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“Person” means—

• A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;

• Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and

• Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs (1) or

(2) of this definition.

(i) Prohibition. In accordance with section 890 of the National Defense

Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers are prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government, unless the person has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(j) Representation. By submission of its offer, the Offeror represents that the

Offeror—

• Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government; or

• Has a valid license to operate in Venezuela issued by the Office of Foreign

Assets Control of the Department of the Treasury.

(End of provision)