B08_-_140M0124Q0026_SF_18.pdf

140M0124Q0026

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

05/13/2024

1 20

45600 Woodland Road, VAE-AMD Sterling VA 20166-9216

BOEM-HQ

Multiple

703 787-1589Rebecca Hayes

05/28/2024 1700 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

The U.S. Department of the Interior, Bureau of Safety and Environmental Enforcement (BSEE), on behalf of the Bureau of Ocean Energy Management (BOEM), anticipates awarding a Firm Fixed Price (FFP) purchase order in accordance with FAR 12 and FAR 13 for two (2) brand name SonarWiz licenses by Chesapeake Technology.

Period of Performance: 10/01/2024 to 10/01/2029

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

Request for Quote (RFQ) #140M0124Q0026 SonarWiz Licenses 2 of 20

COMBINED SYNOPSIS AND SOLICITATION:

This is a Combined Synopsis and Solicitation for commercial items prepared under the authority of, and in accordance with, the format of Federal Acquisition Regulation (FAR) Subpart 12.6 - Streamlined Procedures for Evaluation and Solicitation for Commercial Items, FAR Subpart 13 - Simplified Acquisition Procedures, and is supplemented with additional information included in this notice. This notice constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This solicitation is a Request for Quotations (RFQ) and only authorized resellers of brand name SonarWiz by Chesapeake Technology are eligible for award under this RFQ. A brand name justification was prepared in accordance with FAR 13.106-1(b) and is provided with this solicitation. The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular FAC 2024-04 effective May 1, 2024.

The Product Service Code — 7A21- IT and Telecom - Business Application Software (Perpetual License Software) is applicable to the Government’s Requirements. The North American Industry Classification System (NAICS) Code 513210 - Software Publishers with a small business size standard of $47 million, is applicable to the Government’s Requirements.

This RFQ is being issued by the United States (U.S.) Department of the Interior (DOI), Bureau of Safety and Environmental Enforcement (BSEE), on behalf of the Bureau of Ocean Energy Management (BOEM). The purpose of this RFQ is to obtain competitive quotations in response to the Government’s requirement to acquire two (2) Brand Name SonarWiz Licenses by Chesapeake Technology. As result of this RFQ, the Government anticipates awarding and issuing a single Firm-Fixed-Price (FFP) Purchase Order to satisfy the Government’s Requirements. The estimated period of performance for this requirement is 60 months from the date of activation of the licenses.

The place of performance for the anticipated order will be the Contractor’s facility.

Questions must be emailed to Rebecca Hayes at email address: rebecca.hayes@bsee.gov no later than 5:00 PM Eastern Time on May 17, 2024.

Quotes submitted in response to this RFQ shall be sent via email to: rebecca.hayes@bsee.gov no later than 05:00 PM Eastern Time, May 28, 2024, in accordance with Section 4. Any submissions received after the date and time specified herein may not be considered for an award.

POC:

Rebecca Hayes Contracting Officer DOI Bureau of Safety and Environmental Enforcement (BSEE) Acquisition Management Division, Acquisition Operations Branch, 45600 Woodland Road Sterling, VA 20166.

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SECTION 1

PRICING

1.0 GENERAL

The U.S. Department of the Interior, Bureau of Safety and Environmental Enforcement (BSEE), on behalf of the Bureau of Ocean Energy Management (BOEM), anticipates awarding a Firm Fixed Price (FFP) purchase order in accordance with FAR 12 and FAR 13 for two (2) brand name SonarWiz licenses and maintenance by Chesapeake Technology.

1.2 ANTICIPAED AWARD TYPE

The Government anticipates awarding a Firm Fixed Price (FFP) Purchase order as a result of this Request for Quote (RFQ).

1.3 CONTRACT LINE ITEMS

The specific details and description of the Contract Line Item Number (CLIN) are described below (offeror shall fill in * and provide information as part of their quote).

This is a Brand Name requirement for SonarWiz by Chesapeake Technology. The justification, in accordance with FAR 13.106-1(b) is attached.

CLIN Description Qty Unit Unit Price Total FFP 00010 SonarWiz License and maintenance for a total of 60 months

2 EA * *

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SECTION 2

REQUIREMENTS/SPECIFICATIONS

2.0 INTRODCUTION

The Bureau of Ocean Energy Management (BOEM), within the Department of the Interior (DOI), is responsible for the development and management of U.S. Outer Continental Shelf (OCS) energy and mineral resources in an environmentally and economically responsible way. Within BOEM, the geoscientists and subject matter experts utilizes similar offshore datasets to further their mission and unique responsibilities in the OCS. For example, the Renewable Energy program is responsible for facilitating the responsible development of renewable energy resources on the OCS through conscientious planning, stakeholder engagement, comprehensive environmental analysis, and sound technical review. As part of BOEM’s conscientious planning and scientific studies efforts;

geophysicists, marine archeologist, and other subject matter experts (SMEs) review sonar data that provide information on the conditions at and below the seabed.

BOEM seeks a capable contractor to provide a software that can process, visualize, and assist in the interpretation of sonar data to support BOEM’s missions. The scope encompasses interpretive technologies used in the shallow OCS environment that allows BOEM’s geoscientists, engineers, marine archeologists, and other SMEs to work together and with both agency and industry partners to perform mission critical job responsibilities.

2.1 PURPOSE

The purpose of this RFQ is to acquire two (2) SonarWiz Licenses and maintenance, by Chesapeake Technology.

SonarWiz Office sidescan, sub-bottom, multibeam bathy, magnetometry and single beam post-processing software for mosaic production, target capture, feature identification and reporting. Includes 5 years of maintenance.

Annual Extended Maintenance Agreement (EMA) (for total of 5 years) for SonarWiz benefits shall include:

A) Download all product upgrades (usually biweekly) produced within the year of coverage.

B) Preferred technical support. Your questions answered ahead of non-EMA subscribers.

C) Login and password to our support sites & tutorials, videos and training D) Upload site where you may deposit problem data files for us to review.

2.2 REQUIRMENT

The Contractor shall provide all products and services listed in Section 1.3 Contract Line Item Pricing.

This is a brand name requirement.

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2.3 AUTHORIZED RESELLER

All software licensing, maintenance, warranty and service associated with the software shall be provided by the Original Equipment Manufacturer/Software Developer (OEM), Chesapeake Technology, or an authorized reseller, such that the warranty and service are provided and maintained by the OEM.

2.4 DELIVERY

Delivery of the software shall be submitted electronically to the Contracting Officer Representative (COR) 7 days before the period of performance as identified in Section 3.3 (appointed at time of award).

Request for Quote (RFQ) #140M0124Q0026 SonarWiz Licenses 6 of 20

SECTION 3

GENERAL PURCHASE ORDER TERMS AND CONDITIONS

3.1 TYPE OF ORDER

A Firm Fixed Price (FFP) Purchase Order will be issued under the authority of the Department of the Interior, Bureau of Safety and Environmental Enforcement (BSEE), on behalf of the Bureau of Ocean Energy Management (BOEM), for three SonarWiz licenses.

3.2 PERIOD OF PERFORMANCE/PLACE OF PERFORMANCE

The period of performance shall be October 1, 2024, to October 1, 2029.

The primary place of performance is at the Contractor’s location.

3.3 ADMINISTRATIVE POINTS OF CONTACT

3.3.1 Contracting Officer:

Rebecca Hayes Bureau of Safety and Environmental Enforcement (BSEE) 45600 Woodlands Road, Sterling VA 20166 Phone Number: 703-787-1589 Email: rebecca.hayes@bsee.gov

3.3.2 Contracting Officer’s Representative:

To be announced at time of award

3.4 INVOICING REQUIREMENT

An invoice shall be submitted in accordance with Section 3.4.1 below, one time after the Government acceptance of all licenses.

3.4.1 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (February 2021)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Request for Quote (RFQ) #140M0124Q0026 SonarWiz Licenses 7 of 20

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: A detailed invoice as attachment to IPP submission.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

Payment requests must be submitted electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP).

3.5 DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, Request for Quote (RFQ) #140M0124Q0026 SonarWiz Licenses 8 of 20 risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

3.6 AVAILABILITY OF CLAUSES

3.6.1 CLAUSES INCORPORATED BY REFERENCE

In accordance with FAR 52.252-2, this order incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The Contractor shall comply with these clauses unless the circumstances do not apply. Upon request, the Contracting Officer will make their full text available. The full text of a clause may be accessed electronically at https://www.acquisition.gov/far/.

Clause Title Date 52.204-13 System for Award Management Maintenance Oct 2018 52.204-19 Incorporation by Reference of Representations and

Certifications Dec 2014

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

Nov 2021

52.204-26 Covered Telecommunications Equipment or Services- Representation

Oct 2020

52.212-4 Contract Terms and Conditions- Commercial Products and Commercial Services

Nov 2023

52.217-2 Cancellation of Multi-Year Contracts Oct 1997 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors Mar 2023

3.6.2 CLAUSES INCORPORATED IN FULL TEXT

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL PRODUCTS AND

COMMERICAL SERVICES (Feb 2024)

Request for Quote (RFQ) #140M0124Q0026 SonarWiz Licenses 9 of 20

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. 3805note)).

(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:

[Contracting Officer check as appropriate.]

☐ (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).

☐ (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 (June 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).

☒ (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].

☐ (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).

Request for Quote (RFQ) #140M0124Q0026 SonarWiz Licenses 10 of 20

☒ (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 ☐ (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).

☐ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

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

☐ (14) [Reserved].

☐ (15) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15

U.S.C.657a).

☐ (16) (i) 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).

☐ (iii) Alternate II (Nov 2011).

☐ (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.

☐ (iii) Alternate II (Mar 2004) of 52.219-7.

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

(3)).

☐ (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. 657s).

☐ (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)).

Request for Quote (RFQ) #140M0124Q0026 SonarWiz Licenses 11 of 20

☐ (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) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

☒ (31) 52.222-3, Convict Labor (June 2003) (E.O.11755).

☒ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024)

(E.O.13126).

☒ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (34) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

☐ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (July 2014) of 52.222-35.

☒ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

☐ (ii) Alternate I (July 2014) of 52.222-36.

☐ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

☒ (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and

E.O. 13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products and commercial services as prescribed in FAR 22.1803.)

☐ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (Jun 2016) (E.O. 13693).

☐ (44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s

13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423

Request for Quote (RFQ) #140M0124Q0026 SonarWiz Licenses 12 of 20 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

☐ (47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct

2015) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-16.

☒ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513).

☐ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☐ (52) (i) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

☐ (ii) Alternate I (OCT 2022) of 52.225-1.

☐ (53) (i) 52.225–3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023)

(19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501– 4732), Public Law 103–182, 108–77, 108–78, 108– 286, 108–302, 109–53, 109–169, 109– 283, 110–138, 112–41, 112–42, and 112–43.

☐ (ii) Alternate I [Reserved] ☐ (iii) Alternate II (DEC 2022) of 52.225-3.

☐ (iv) Alternate III (FEB 2024) of 52.225-3.

☐ (v) Alternate IV (OCT 2022) of 52.225-3.

☐ (54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

☐ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☐ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct

2018) (31 U.S.C. 3332).

☐ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C.3332).

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☐ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☒ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

[Contracting Officer check as appropriate.]

☐ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☐ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (7) 52.222-55, Minimum Wages For Contractor Workers Under Executive Order 14026 (JAN 2022).

☐ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42

U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract and does not contain the clause at 52.215-2, Audit and Records- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after

Request for Quote (RFQ) #140M0124Q0026 SonarWiz Licenses 14 of 20 final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 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).

(v) 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).

(vi)(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of 52.204–30.

(vii) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of

Division R of Pub. L. 117-328).

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

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(x) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212)

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

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52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and

E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78and E.O 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN

2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xxii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021)

(46 U.S.C. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

3.7 INTERNET PROTOCOL VERSION 6 (JUN 2012)

(a) Any system hardware, software, firmware and/or networked component (voice, video or data) developed, procured, or acquired in support and/or performance of this contract shall be capable of transmitting, receiving, processing, forwarding and storing digital information across system boundaries utilizing system packets that are formatted in accordance with commercial standards of Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication 500-267) and corresponding declarations of conformance defined in the USGv6 Test Program. In addition, this system shall maintain interoperability with IPv4 systems and provide at least the same level of performance and reliability capabilities of IPv4 products.

(b) Specifically, any new IP product or system developed, acquired, or produced must:

(1) Interoperate with both IPv6 and IPv4 systems and products, and

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(2) Have available contractor/vendor IPv6 technical support for development and implementation and fielded product management.

(c) As IPv6 evolves, the Contractor commits to upgrading or providing an appropriate migration path for each item developed, delivered or utilized at no additional cost to the Government. The Contractor shall retrofit all non-IPv6 capable equipment, as defined above, that is fielded under this contract with IPv6 capable equipment, at no additional cost to the Government.

(d) The contractor shall provide technical support for both IPv4 and IPv6.

(e) Any system or software must be able to operate on networks supporting IPv4, IPv6 or one that supports both.

(f) Any product whose non-compliance is discovered and made known to the Contractor within one year after acceptance shall be upgraded, modified or replaced to bring it into compliance at no additional cost to the Government.

3.8 CANCELLATION CEILING

This is a multiyear contract. Consistent with FAR 17.106-1(c), since this is for commercial off-shelf-software (COTS) license, there are no startup, nonrecurring, or other amortized costs applicable to this Order. Therefore, if this Order would be cancelled, it would follow the normal termination procedures regarding price to be paid.

3.9 CONTRACTOR’S QUOTE

The Contractor’s quote may be incorporated by reference into the purchase order. Any inconsistencies or in event of a conflict between terms and conditions of the purchase order and the contractor’s quote shall be resolved by giving precedence to the terms and conditions of the purchase order.

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SECTION 4

QUOTATION PREPREATION INSTRUCTIONS

4.1 QUOTATION PREPARATION

The offeror shall quote a pricing structure in accordance with the Section 1.3 of this RFQ. The price quote shall be based on open market pricing, utilizing any and all discounts. The quote shall provide the pricing to meet the requirements of this RFQ.

4.2 ASSUMPTIONS, CONDITIONS, OR EXCEPTIONS

The offeror must submit, under separate cover, all (if any) assumptions, conditions, or exceptions with any of the terms and conditions, and/or price/cost of this RFQ. If not noted in this volume of your quote, it will be assumed that the offeror proposes no assumptions for award, and agrees to comply with all of the terms and conditions as set forth herein in this RFQ. It is not the responsibility of the Government to seek out and identify assumptions, conditions, or exceptions buried within the offeror’s quote.

4.3 Questions

Questions submitted in response to this RFQ must be emailed to Rebecca Hayes at email address: rebecca.hayes@bsee.gov with the title Request for Quote: 140M0124Q0026 SonarWiz Licenses no later than 5:00 PM Eastern Time on May 17, 2024.

4.4 QUOTE DUE DATE/ METHOD OF DELIVERY

Quotes submitted in response to this RFQ shall be sent via email to: rebecca.hayes@bsee.gov with the title Request for Quote: 140M0124Q0026 SonarWiz Licenses. Quotes shall be submitted no later than 05:00 PM Eastern Time on May 28, 2024. Any submissions received after the date and time specified herein may not be considered for an award.

In addition, the quote shall:

Include SAM Unique Entity ID (UEI).

State offer is valid for 60 days.

Include Authorized Reseller Verification.

4.5 FAR 52.252-1 – SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

This solicitation incorporates 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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text

Request for Quote (RFQ) #140M0124Q0026 SonarWiz Licenses 18 of 20 of a solicitation provision may be accessed electronically at this address:

www.acquisition.gov/far

Provision Title Date 52.203-18 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements--Representation

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-20 Predecessor of Offeror AUG 2020 52.204-23 Prohibition on Contracting Hardware, Software, and Services

Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-29 Federal Acquisition Supply Chain Security Act Orders DEC 2023 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-

Representation

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors-Commercial Items SEP 2023 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services

FEB 2024

52.222-22 Previous Contracts and Compliance Reports FEB 1999 52.225-25 Prohibition on Contracting With Entities Engaging in Certain

Activities or Transactions Relating to Iran—Representation and Certifications

JUN 2020

4.6 FAR 52.252-6 Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (FAR) (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior Regulation (DIAR) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

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SECTION 5

EVALUATION OF QUOTATIONS

5.1 GENERAL INSTRUCTIONS

Quotations submitted in response to this RFQ shall be received by the due date and time specified in the RFQ. Any quote received after the RFQ closes may not be considered for evaluation.

5.2 BASIS FOR AWARD

Award shall be made to the responsible offeror whose quotation, in conforming to this RFQ, provides the Lowest Price Technically Acceptable (LPTA) offer to the Government. The evaluation shall be performed on the basis of the lowest evaluated price of quotes, meeting or exceeding the acceptability standards for non-cost factors. The LPTA source selection process shall not involve tradeoffs between technical and cost details. Quotation/s received will be evaluated for acceptability or unacceptability, but not ranked using the non-cost/price factors.

The Government will first evaluate the total proposed price of each quote. Thereafter, the Government will evaluate the non-price factors of the two lowest overall priced quotes. If the lowest priced contractor’s quote is determined to be rated as Acceptable, the Government may make award to that contractor without further evaluation of the remaining quotes. If the lowest price quote is determined to be rated Unacceptable, then the Government may evaluate the next lowest price quote, and so forth and so on, until the Government reaches the lowest price quote that is determined to be rated as Acceptable. The Government reserves the right to evaluate all quotes should it be desired or determined to be in the best interest of the Government.

The Government also reserves the right not to make an award as a result of this competition if, in the opinion of the Government, none of the submissions would provide satisfactory performance at a price that is considered fair and reasonable.

5.3 EVALUATION CRITERIA

(a) The Government will award a purchase order to the responsible Offeror whose quotation, in conforming to this Request for Quotation, is determined to be the Lowest Price Technically Acceptable offer to the Government as follows:

1. Price. The Offeror is expected to propose a fair and reasonable price in accordance with the information provided in this RFQ.

2. Technical Acceptability. Technical acceptability will be evaluated by determining whether the Offeror’s quotation meets or exceeds the technical requirements and quantities listed in Section 2 of this RFQ.

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(b) Offeror shall be an Original Equipment Manufacturer/Software Developer (OEM) authorized dealer, authorized distributor or authorized reseller for the proposed equipment/software/maintenance/support such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

(c) The Government will evaluate offers on the basis of information furnished by the offeror and shall not be responsible for locating or obtaining any information not identified in the offer.

5.4 AWARD

A written notice of award or acceptance of an offer, emailed 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 unless a written notice of withdrawal is received before award.