B08_-_RFQ_140E0123Q0013_1.pdf

COMBINED SYNOPSIS AND SOLICITATION

Procurement Overview: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued.

This solicitation is also issued under the authority and in accordance with FAR 13 – Simplified Acquisition Procedures.

Project Description: The Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety and Environmental Enforcement (BSEE), Federal bureaus within the United States Department of the Interior (DOI), serve as the stewards for America’s offshore mineral and energy resources on the Outer Continental Shelf (OCS) and are one of the top revenue collectors for the United States. BOEM and BSEE manage activities that generate about 30 percent of America’s domestic oil production and more than 20 percent of America’s domestic natural gas production. BOEM and BSEE together manage activities that range from the initial geological and geophysical analysis of Outer Continental Shelf (OCS) resource potential, the leasing process, and monitoring the safety of offshore facilities and protecting our coastal and marine environments. In addition to oil and gas, and other strategic mineral resources, BOEM and BSEE provide access to state and local governments for the recovery of sand and gravel used to protect the Nation’s coastal shores and wetlands. The estimated period of performance for this requirement is twelve (12) months for the base period and twelve (12) months for four (4) option period.

Solicitation: This procurement is being issued as a Request for Quotation (RFQ). The RFQ number associated with this procurement is 140E0123Q0013. This solicitation document and incorporated clauses and provisions are those through effect of Federal Acquisition Circular 2022-08 effective 09/23/22.

Contract Type: A Firm Fixed Price Purchase Order will be issued as a result of this solicitation.

PSC/NAICS/Small Business Standards/Set-Aside The Product Service Code (PSC) associated with this procurement is DA10- IT AND TELECOM - BUSINESS APPLICATION/APPLICATION. The North American Industrial Classification Systems (NAICS) code is 513210, Software Publishers, with a small business size standard of $41.5 million. There is no set-aside associated with this RFQ.

SAM

Per FAR 4.1102 and 52.204-7(b)(1), contractors must be registered in SAM at the time an offer or quotation is submitted in order to comply with the annual representations and certifications requirements.

Government Point of Contact The point of contact for this procurement is Darren Ho, Contracting Officer, BSEE, Acquisition Financial Assistance Branch, 45600 Woodland Rd., Sterling, VA 20166. Responses to this solicitation must be submitted electronically via email to Darren.Ho@bsee.gov no later than the closing date and time referenced in the solicitation. All email correspondence must reference “RFQ No. 140E0123Q0013” in the subject line.

Solicitation No. 140E0123Q0013

SECTION 1

PRICING

1.1 GENERAL INFORMATION

This acquisition is being conducted in accordance with FAR Part 13 – Simplified Acquisition Procedures for Certain Commercial Items and FAR Part 12 – Commercial Items. Under this Request for Quote (RFQ), the United States Department of the Interior (DOI), Bureau of Safety and Environmental Enforcement (BSEE), anticipates awarding a Firm-Fixed-Price Purchase Order as detailed in the Statement of Work (SOW).

1.2 CONTRACT LINE ITEM/PRICING

The specific details and description of the Contract Line Item Numbers (CLINs) is described as follows (Offeror shall fill in and provide information as part of their price quote):

CLIN DESCRIPTION TOTAL

0010 BSEE Metocean Data Software and SIM for GOM Platforms Software and Annual Software Support (Firm Fixed Price)

CLIN DESCRIPTION TOTAL

0020 Option Period 1 BSEE Metocean Data Software and SIM for GOM Platforms Software and Annual Software Support

0030 Option Period 2 BSEE Metocean Data Software and SIM for GOM Platforms Software and Annual

0040 Option Period 3 BSEE Metocean Data Software and SIM for GOM Platforms Software and Annual

0050 Option Period 4 BSEE Metocean Data Software and SIM for GOM Platforms Software and Annual Software Support

SECTION 2

STATEMENT OF WORK

for GOMOS Software Support for the New Orleans, LA offices of the Bureau of Safety and

Environmental Enforcement and the Bureau of Ocean Energy Management

2.1 Mission

The Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety and Environmental Enforcement (BSEE), Federal bureaus within the United States Department of the Interior (DOI), serve as the stewards for America’s offshore mineral and energy resources on the Outer Continental Shelf (OCS) and are one of the top revenue collectors for the United States. BOEM and BSEE manage activities that generate about 30 percent of America’s domestic oil production and more than 20 percent of America’s domestic natural gas production. BOEM and BSEE together manage activities that range from the initial geological and geophysical analysis of Outer Continental Shelf (OCS) resource potential, the leasing process, and monitoring the safety of offshore facilities and protecting our coastal and marine environments. In addition to oil and gas, and other strategic mineral resources, BOEM and BSEE provide access to state and local governments for the recovery of sand and gravel used to protect the Nation’s coastal shores and wetlands.

The Office of Structural and Technical Support (OSTS), a division within the Regional Field Operations of BSEE, is responsible for the management of permitting associated with the structural design, fabrication, installation, modification, repair, and decommissioning of offshore platforms on the Outer Continental Shelf (OCS).

Both the BOEM and BSEE programs are headquartered in Washington, D.C., and Sterling, Virginia; with regional offices in three locations: New Orleans, Louisiana; Camarillo, California; and Anchorage, Alaska.

2.2 Purpose

The purpose of this Statement of Work (SOW) is to assist BSEE in purchasing software technical support for BSEE’s GOMOS Metocean Data Software (E17PX00030), SIM for GOM Platforms Software (140E0118P0013) and Annual Software Support (140E0120P0009). This support must include a helpdesk that will guarantee a 4 hour response time. Support shall include Bug fixes, minor improvements, and the mitigation of newly discovered security vulnerabilities.

2.3 Background

Structural Integrity Management (SIM), as defined in API RP 2SIM, is “a continuous process used for demonstrating the fitness-for-purpose of an offshore structure from installation through decommissioning.”

Within SIM there is guidance on using existing structural data to evaluate the structural risks associated with the continued service of an offshore platform. Risk is defined numerically as the likelihood of the failure event (Lf) times the consequence of failure (C) usually measured in terms of economic and environmental loss (R = Lf x C). Risk, as defined in API RP 2SIM, is the likelihood of platform failure (significant damage or collapse), usually during exposure to a significant environmental (hurricane) event, times a measure of the consequences associated with the failure event. Most common consequences are life-safety, environmental, and financial.

Focusing on the likelihood of failure part of the risk equation, one method of performing these SIM evaluations involves a detailed structural failure analysis (using the methods found in Section 17 of API RP 2A, now also in Section 8 of API RP 2SIM). However, given the number of remaining active platforms in the GOM and the cost associated with each failure analysis (analysis software, procuring the detailed data, structure and damage modeling, interpretation of the analysis, assessment of results, reporting, etc.), it is neither economically viable nor resource and schedule effective for BSEE to require detailed engineering analyses on all remaining active platforms.

In FY 2017 BSEE purchased (E17PX00030) an Industry developed software application which interfaces with the GOMOS2014 database (which was already acquired by BSEE, E17PX00012) and which generates N-year site specific metocean criteria for both full-population-hurricanes (FPH) and sudden-hurricanes (SH) in the US Gulf of Mexico (GOM). This application provides a means for BSEE to validate site specific metocean criteria used by operators and/or their consultants as part of structural designs and assessments.

In FY 2019 BSEE purchased (140E0118P0013) an Industry developed SIM software tool, developed in accordance with the recently published API RP 2SIM, which determines the structural risk rankings of all Gulf of Mexico offshore platforms based upon Industry definitions and algorithms for assessing the probability of failure of each platform using existing BSEE characteristic and condition data; and the consequence of failure for each platform using life safety, environmental safety, and production impact due to a GOM hurricane.

In FY 2020 BSEE purchased (140E0120P0009) Software Support. This award met the requirements of this Statement of Work. This award came to an end at the end of the Period of Performance 3/23/2020 to 3/22/2022.

2.4 Scope

To satisfy the purpose of this SOW, BSEE proposes to acquire software technical support that will cover BSEE’s existing GOMOS Metocean Data Software (E17PX00030) and SIM for GOM Platforms Software (140E0118P0013). This support must include a helpdesk that will guarantee a 4 hour response time. Support shall include Bug fixes, minor improvements, and the mitigation of newly discovered security vulnerabilities.

Both the GOMOS Metocean Data Software and the SIM for GOM Platforms Software are proprietary software products, and only the manufacturer, iSIMS, is able to provide licensing, technical support and updates.

2.5 General Acceptance Criteria

General quality measures, as set forth below, will be applied to all services provided by the vendor under this SOW or its associated contract.

• Accuracy – Services will be provided in adherence with the requested actions.

• Clarity – Work Products will be clear and concise. Any/All diagrams will be easy to understand and be relevant to the supporting narrative.

• Consistency to Requirements – All work products must satisfy the requirements of this SOW and its associated contract.

• Timeliness – Work Products will be submitted in accordance with a later scheduled date determined by the Government. Services will be performed on time within the scheduled window except for Holidays (Federal and contractor) and general disaster conditions (such as hurricanes, flooding, etc.) Normal services falling on Holidays will be rescheduled for the following business day except where another day/date is requested by the Government.

Normal services preempted by general disaster events will be resumed immediately following the disaster event except where requested otherwise by the Government.

SECTION 3

GENERAL PURCHASE ORDER TERMS AND CONDITIONS

3.1 SCOPE

A Firm-Fixed-Price (FFP) Purchase Order shall be issued under the authority of the Department of the Interior, Bureau of Safety and Environmental Enforcement (BSEE)) for the effort identified in Section 2, Statement of Work.

3.2 PERIOD OF PERFORMANCE

It is anticipated that the period of performance for this requirement is twelve (12) months from date of award with four (4) one-year (1) option periods.

3.3 PLACE OF PERFORMANCE

The primary place of performance will be at the contractor's facility and Government facility in New Orleans, Louisiana, as required.

3.4 ADMINISTRATIVE POINTS OF CONTACT

3.4.1 Contracting Officer: The Contracting Officer (CO) for this effort is as follows:

U.S. Department of the Interior Bureau of Safety and Environmental Enforcement Acquisition Financial Assistance Branch Attn: Darren Ho 45600 Woodland Road, Mailstop VAE-AMD Sterling, VA 22060 Phone Number: 703-787-1831 Email: Darren.Ho@bsee.gov

3.4.2 Contracting Officer’s Representative: The Contracting Officer’s Representative (COR) for this effort is as follows:

To be announced at time of award

3.5 INVOICING REQUIREMENT

Invoices shall be submitted quarterly in arrears after Government’s acceptance of deliverable under the base period CLIN and any option CLIN, if exercised, and in accordance with the instructions provided in paragraph 3.5.1 below.

3.5.1 DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP) (APR 2013)

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.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Documentation required by FAR 32.905(b)

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 Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org 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.

3.6 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, 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.

(b) Any request to waive the terms of this provision shall be directed in writing to the CO and shall include a full description and justification of the requested waiver.

(c) The Contractor, the PM, or any of its officers or representatives, shall not be involved in any situation during the performance of this purchase order which may result in conflicts as contemplated in paragraph (a) above. Failure to comply with this provision may be cause for termination for default.

(d) The Contractor must disclose any interest which may develop after purchase order award that may result in his placement in conflicts as contemplated in paragraph (a) above. Failure to comply with this provision may be cause for termination of this order for default.

(e) The Contractor shall include this clause, including this paragraph in all subcontracts and consultant agreements; however, subcontractors and consultants shall be directed to send any requests for waiver to the Contractor who shall then inform the CO as described in (a) above.

3.7 INTERNET PROTOCOL VERSION 6 (JUN 2012)

1) 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.

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

a) Interoperate with both IPv6 and IPv4 systems and products, and

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

3) 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.

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

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

6) 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 CONTRACTOR’S QUOTE

The Contractor’s quote may be incorporated by reference into the purchase order. Any inconsistencies or in the event of a discrepancy or 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.

3.9 AVAILABILITY OF CLAUSES

3.7.1 In accordance with FAR 52.252-2, this solicitation 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 52.204-13 System for Award Management Maintenance (OCT 2018) 52.212-4 Contract Terms and Conditions - Commercial Items (OCT 2018)

3.9.2 Clauses Attached in Full Text

3.9.2.1 FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Oct 2022)

(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 items:

(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 and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5)[Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10)[Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13)[Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 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 (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

_X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

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

__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

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

__ (35) (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)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (38) (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.

__ (39) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

__ (41) (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.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 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 (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 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. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Feb 2006) 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 items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 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).

__ (5) 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).

__ (6) 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).

__ (7) 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).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (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, 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 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 items. 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 (Oct 2015) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

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

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xii) 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 52.222-40.

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

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

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

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xxi) 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. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

3.9.2.2 FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days prior to the end of each contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 20 days before the contract period expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

SECTION 4

QUOTATION PREPARATION INSTRUCTIONS

NOTICE: The failure to submit any of the information requested in this RFQ may lead to the rejection of your quotation without further consideration.

4.1 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 quote 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 quote or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov/far.

Provision Title 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreement or Statements – Representation (JAN 2017) 52.204-7 System for Award Management (OCT 2018) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services

(NOV 2021)

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities

Relating to Iran Representation and Certification (JUN 2020)

4.2 QUESTIONS DUE DATE AND METHOD OF DELIVERY

Questions must be submitted no later than 11:00 AM U.S. Eastern Time (ET), November 15, 2022 via email to the Contracting Officer, Darren at Darren.Ho@bsee.gov.

4.2.1 QUOTE DUE DATE AND METHOD OF DELIVERY

The quote must be submitted no later than 11:00 AM, U.S. Eastern Time (ET), November 16, 2022 via email to the Contracting Officer, Darren at Darren.Ho@bsee.gov.

4.3 QUOTE PREPARATION INSTRUCTIONS

Quote shall include the following:

All terms and conditions of use, including copies of licensing agreements for each software application, if applicable.

Total firm fixed price for base period and option periods, and unit pricing where applicable.

Offeror shall submit supporting documentation explaining why the contractor’s pricing is fair and reasonable. Examples may include, but are not limited to:

o Previous proposed prices or previous Government and commercial contract prices for the same or similar item/services.

o Published catalog and/or market pricing.

o Market research for the same or similar item.

Signed SF 1449. Include a signed copy of all amendments, if applicable.

Reps and Certs, FAR Provision 52.212-3 (Section 4.5 and Attachment 1) – Complete either Section (b) or Sections (c) through (u) as applicable, and submit with quotation.

4.4 ASSUMPTIONS, CONDITIONS OR EXCEPTIONS

Contractor must submit all (if any) assumptions, conditions, or exceptions with any of the terms and conditions, and/or price of this solicitation. If none are submitted, it will be assumed that the contractor proposes no assumptions for award, agrees to comply with all of the terms and conditions as set forth herein the solicitation. It is not the responsibility of the Government to seek out and identify assumptions, conditions, or exceptions buried within the Offeror’s quote.

4.5 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS –

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2022)

Contractor shall complete Attachment 1 and include with the quote submission.

4.6 QUOTE VALIDITY PERIOD

The quote validity period shall be no less than 90 calendar days. The time shall be calculated from the date designated for the receipt of the offer.

4.7 DIAR 1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION

(APR 1984)

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552) the following terms shall have the meaning set forth below:

(1) "Trade Secret" means an unpatented, secret commercially valuable plan, appliance, formula, or process which is used for the making, preparing, compounding, treating or processing of articles or materials which are trade commodities.

(2) "Confidential commercial or financial information" means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure that may be applicable to business information contained in proposals include exemption (4), which covers "commercial and financial information obtained from a person and privileged or confidential," and exemption (9), which covers "geological and geophysical information, including maps, concerning wells."

(b) If the offeror, or its subcontractor(s) believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) the offeror shall identify such information as follows:

"The information specifically identified in pages (insert page nos.) of this proposal constitutes trade secrets or confidential commercial and financial information, which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public except as may be required by law. The offeror also requests that this information not be used in whole or part by the Government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract."

(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:

"This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal."

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, (ii) and if the same information is obtained from another source without restriction it may be used without restriction.

(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.

(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

SECTION 5

EVALUATION OF QUOTATIONS

5.1 GENERAL INSTRUCTIONS

A quote shall be prepared and submitted in accordance with and comply with the instructions contained in Section 4 of this RFQ.

5.2 BASIS FOR AWARD/EVALUATION CRITERIA

The Government will evaluate the degree/extent, if any, that the Quoter prepares a quotation in accordance with Section 1: Pricing, Section 2: Statement of Work, Section 3: Terms and Conditions, and Section 4: Quote Preparation Instructions.

Award may be made to iSims LLC., upon an acceptable technical and all other evaluation factors, and price considered, if a determination of best value and fair and reasonable pricing can be made by the Contracting Officer. The quote must conform to the requirements of this RFQ.

The technical evaluation shall be performed based on the quote meeting the requirements. The Contracting Officer will evaluate the quoted price for reasonableness.

ATTACHMENT 1

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS –

COMMERCIAL PRODUCTS AND SERVICES (OCT 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision—

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an…