Combined-Synopsis-Solicitation - 5000097503.pdf

Combined Synopsis/Solicitation For

Royalty Free Photo Subscription Service

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

quotes are being requested and a written solicitation will not be issued. The solicitation number is 5000097503 and is being issued as a Request for Quotation (RFQ). This notice and the incorporated provisions and clauses are those in effect through the Federal Acquisition Regulation (FAR). All responsible sources may submit a quote.

2. This acquisition is issued OPEN MARKET. The associated North American Industry Classification System (NAICS) Codes are 519190 for Other Information Systems or 454110 for Electronic Shopping and Mail-Order Houses.

3. The Government contemplates an award of a Firm Fixed Price contract resulting from this solicitation.

4. Description of Services: The purpose of this requirement is to provide a royalty free photo online subscription, which allows for multiple users within the IRS Design Office. The users should be able to search online and download royalty free images, audio and video.

5. Offeror(s) responding to this request must:

• Be registered in the System for award Management (SAM)

• Read the SOW and provide questions timely to the point of contact (POC).

• Provide quotes for the combined solicitation/synopsis in accordance with the

SOW and the CLIN structure listed on the SF-1447.

• Submit representations and certifications in accordance with the provision at FAR

52.212-3 Offeror Representations and Certifications – Commercial Item.

• Quotes from responsible sources must be submitted timely to be considered.

• Must be able to pass a tax check.

6. Offers are due on Monday, September 17, 2020 by 3:00 PM EST. All questions/inquiries must be submitted to the POC via electronic email (e-mail) no later than 3:00 PM EST on September 11, 2020. Inquiries submitted via telephone calls will be re-directed to an e-mail submission. Submit offers or any questions to the attention of Courtney Seace with a copy to Kimberlee Brown via e-mail to:

Courtney.D.Seace@irs.gov and Kimberlee.R.Brown@irs.gov, respectively.

Questions shall be provided in the following format:

Document Page Section Title Paragraph Question mailto:Courtney.D.Seace@irs.gov mailto:Kimberlee.R.Brown@irs.gov

Offerors who fail to complete and submit the requirements above may be considered non-responsive.

Release of Information: The Contractor shall not disclose, advertise, or release information about the contract to any individual or organization without prior written approval from the Contracting Officer.

Evaluation Criteria

The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. An award will be made to the lowest price, technically acceptable (LPTA) offeror. The factors that will be evaluated are technical capability, past performance and price.

1. Technical Capability- The Offeror must demonstrate similar experience as required by the SOW in providing a subscription service for royalty free images, video and audio. The Offeror should demonstrate that they have a minimum of three (3) years’ experience.

2. Past Performance- Relevant and recent past performance will be reviewed. The Government will evaluate past performance information through the Past Performance Information Retrieval System (PPRIS). The Government will review up to three (3) most recent contracts which the Offeror has performed or is currently performing that are similar in size, scope and complexity to this requirement. A contract is considered recent if it was completed within the last three (3) years of the closing date of the RFQ or is currently being performed.

Offerors are also advised that only relevant experience will be evaluated for the purposes of past performance. However, the absence of past performance data will be rated neither favorably nor unfavorably (i.e. neutral).

3. Price- Price will be evaluated by adding the base period and all option periods.

The Government will evaluate the quote for price reasonableness. Evaluation of options shall not obligate the Government to exercise the option(s). If it is determined that none of the quotes received are technically acceptable to the Government, no award will be issued against the solicitation. Under no circumstances will the Government be liable for any bid or quote costs.

Contracting Organization POCs

Kimberlee R. Brown Email: Kimberlee.r.brown@irs.gov Contracting Officer (CO) Phone: 240-613-5068

Courtney D. Seace Email: Courtney.d.seace@irs.gov Contract Specialist (CS) Phone: 240-613-9302

Instructions to Offeror(s)

Offerors shall comply with the following instructions for preparing the quotes. Failure to do so may result in the Offerors quote being considered non-compliant.

The first page of the technical response and the cost/price quote should indicate the assigned tracking number 5000097503 and title “Royalty Free Photo Subscription Service”.

Electronic copies shall be formatted using Microsoft Office with file names that are consistent with the structure of the quote. Individual file size shall not exceed three (3) megabytes (MB) and all Microsoft Excel formulas shall be viewable. Please do not use passwords to protect the submitted media. Please ensure that all electronic media submitted has been scanned for viruses prior to submittal.

Each page shall have margins of at least 1” on the top, bottom and each side of the page. Header/footer information (which does not include any information to be evaluated) may be included in the 1” margin space. The font (typewritten or printed letters) shall be 12-point Arial (with the exception of pre-printed product literature). No reduction is permitted except for organization charts or other graphic illustrations. In those instances where reduction is allowable, the Offeror shall ensure that the print is easily readable; no less than 8-point font on graphs and 10-point font on tables. Each volume shall be separate and follow the format noted below.

The Technical Volume is limited to ten (10) pages. At a minimum, quotation packages shall include the following elements:

• Technical

• Price mailto:Kimberlee.r.brown@irs.gov mailto:Courtney.d.seace@irs.gov

Clauses

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquisition.gov

CLAUSE CLAUSE CLAUSE

NUMBER TITLE DATE

52.202-1 Definitions (JUN 2020) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Alternate I-Restrictions on Subcontractor Sales to (OCT 1995) Government 52.203-7 Anti-Kickback Procedures (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights and Required to Inform Employees of Whistleblower Rights. (JUN 2020) 52.204-7 System for Award Management (OCT 2018) 52.204-19 Incorporation by Reference of Representations (DEC 2014) and Certifications 52.204-24 Representation Regarding Certain Telecommunications and (DEC 2019) Video Surveillance Services or Equipment.

52.204-25 Prohibition on Contracting for Certain Telecommunications (AUG 2019) and Video Surveillance Services or Equipment 52.204-26 Covered Telecommunications Equipment or Services- (DEC 2019)

Representation 52.209-9 Updates of Publicly Available Information (OCT 2018)

Regarding Responsibility Matters 52.212-1 Instructions to Offerors- Commercial Items (JAN 2017) 52.212-3 Offeror Representations and Certifications-Commercial Item (JAN 2017 52.212-4 Contract Terms And Conditions-Commercial Items (OCT 2018) 52.212-5 Contract Terms and Conditions Requires to Implement (JUL 2020)

Statutes Or Executive Orders-Commercial Items 52.222-3 Convict Labor (JUN 2003) 52.222-26 Equal Opportunity (SEPT 2016) 52.222-50 Combating Trafficking in Persons (JAN 2019) 52.223-18 Encouraging Contractor Policies to Ban (JUN 2020)

Text Messaging While Driving 52.225-13 Restrictions On Certain Foreign Purchases (JUN 2008) 52.232-1 Payments (APR 1984) 52.232-33 Payment By Electronic Funds Transfer – (OCT 2018)

System of Award Management 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

Subcontractors http://www.acquisition.gov/

52.233-1 Disputes (MAY 2014) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.243-1 Alternate I – Changes-Fixed Price (AUG 1984) 52.244-6 Subcontracts for Commercial Items (APR 2015) 52.246-4 Inspection of Services-Fixed Fee (AUG 1996) 52.247-34 F.O.B. Destination (NOV 1991) 52.249-1 Termination For Convenience Of The Government

(Fixed-Price) (Short Form) (APR 1984) 52.249-14 Excusable Delays (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991)

These clauses are incorporated in full text:

52.204-1 Approval of Contract (Dec 1989)

This contract is subject to the written approval of Kimberlee R. Brown and shall not be binding until so approved.

(End of Clause)

52.209-11 Representation by Corporations Regarding Delinquent (FEB 2016) Tax Liability or a Felony Conviction Under any Federal Law

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of clause)

52.212-2 Evaluation—Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price Technical Past Performance

Technical and past performance, when combined are less significant than price.

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

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

(End of provision)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day, 30 days, 60 days.

(End of clause)

52.217-9 Option to Extend the Term of Services (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day, 30 days, 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract 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 3 years.

52.219-6 Notice of Total Small Business Set-Aside (MAR 2020)

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to-

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

The following are Internal Revenue Service Acquisition Policy (IRSAP) clauses:

IR1052.252-2 IRS Acquisition Policy Clauses Incorporated (DEC 2019) by Reference

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.irs.gov/pub/irs-procure/irsap_2019_version_1.pdf https://www.acquisition.gov/content/part-8-required-sources-supplies-and-services#i1117805 https://www.acquisition.gov/content/part-16-types-contracts#i1104008

IR1052.209-9002 Notice and Consent to Disclose and use of (MAY 2018)

Taxpayer Return Information

IR1052.224-9000 Safeguard Against Unauthorized Disclosure (DEC 2019) or Sensitive but Unclassified Information

IR1052.232-9001 Electronic Invoicing and Payment (JUL 2019)

Requirements for the Invoice Processing Platform (IPP)

(a) Definitions:

“Short payment" as used in this clause means the partial payment of an invoice for goods/services actually rendered at the time of payment when the invoice includes additional goods/services that have not yet been provided/rendered.

"Short payment” example: The contract requires the delivery of a set number of items, with the price, delivery location, and delivery due date also specified.

The vendor delivers 50% of the items as specified but invoices for 100% of the items. Before implementation of the IPP, the IRS would have paid the vendor for the items delivered and instructed the vendor to re-invoice the IRS when the balances of the items were delivered. In other words, the IRS would "short pay" the invoice since the IRS did not remit payment for the full invoice amount. With implementation of the IPP, the IRS can no longer do this because the IRS cannot accept an electronic invoice that includes items not yet received. The IRS will reject the invoice. The vendor needs to submit an invoice for only the items received by the IRS (in this case, 50%), and, if these items meet all other contract terms and conditions, the IRS will pay the invoiced amount. The vendor submits subsequent invoice(s) for items as they are delivered and accepted.

(b) The Invoice Processing Platform (IPP) is a secure Web-based electronic invoicing and payment information service available to all Federal agencies and their suppliers. Effective October 1, 2012, invoicing for payment through the IPP will be mandatory for all new contract awards. Additional information regarding the IPP may be found at the IPP website address https://www.ipp.gov. Contractors must complete the contractor point of contact information below, and submit it with their proposal submissions. Contractors may contact the IPP Helpdesk for assistance via e-mail at ippgroup@bos.frb.org or via phone at (866) 973-3131. Once a contract award has been made, the contractor will be contacted by the IPP via e-mail to set-up an account. It will be necessary for contractors to login to their IPP accounts every 90 days to keep their IPP accounts active.

(c) Contractor Point of Contact Information

Contractor Name: _____________

Contractor IPP Point of Contact Name: ____________

Contractor Phone Number: ___________

Contractor E-mail Address:________________

(d) Electronic Invoicing and Payment Requirements

Vendor invoices submitted electronically through the IPP should be in the proper format and contain the information required for payment processing. In order to be approved for payment, a "proper invoice" must list the items specified in FAR 52.232-25 (a)(3)(i) through (a)(3)(x), or in the case of a Commercial Item Contract, the items included in 52.212-4(g)(1)(i) through (g)(1)(x).

If the vendor is offering a discount via the IPP, the discount must be reflected on the invoice. The vendor will select 'Create Invoice'. The IPP system will default to `Net 30 Prompt Pay` under the Payment Terms dropdown box. The vendor will select from 54 different discount options for the invoice that is being created. If the vendor chooses to offer a discount on the invoice screen, the information will interface to the payment system for processing. Discounts that are offered on attachments rather than the invoice itself cannot be accepted.

Under this contract, the following documents are required to be submitted as an attachment to the invoice (Contracting Officer fills in additional documentation that must be furnished by the contractor (e.g. timesheet)) Please do not submit into IPP any documentation/attachments that conflict with what is stated on the invoice:

mailto:ippgroup@bos.frb.org

(e) Payment and Invoice Questions

For payment and invoice questions, contact the Beckley Finance Center at

(304) 254-3372 or via e-mail at cfo.bfc.ipp.customer.support@irs.gov.

(f) Waiver

If the Contractor is unable to use the IPP for submitting payment requests starting on October 1, 2012, then a waiver form must be completed and submitted with the contractor`s proposal submission for review and approval by the Contracting Officer based on one of the conditions listed in the waiver form included as Attachment 1 to this clause. The vendor will be notified prior to award as to whether their request for waiver has been approved or denied.

If the waiver is granted, then a copy of the waiver must be submitted with each paper invoice that the vendor submits to the payment office or the invoice will be returned.

g) Short Payment

Short payment on vendor submitted invoices will no longer be processed or paid. If any portion of the invoice does not meet the requirements for a proper invoice, the entire invoice shall be rejected and returned to the vendor unpaid.

IRS Invoice Processing Platform (IPP) Waiver Form

The IRS invoicing and payment requirements clause (IR1052.232-9000) requires that all invoices under awards made (or effective) on or after October 1, 2012, be submitted electronically via the IPP unless a waiver is requested and granted. If the Contractor is unable to submit its invoice through the IPP, the Contractor shall complete this waiver form indicating the reason for the waiver request by selecting the appropriate box below and providing a narrative summarizing in detail the circumstances requiring a waiver.

For a solicitation, submit the waiver form with the proposal submission. For a modification that incorporates the IPP clause into an existing contract, submit the waiver form with the modification. The CO will notify the vendor via e-mail or another appropriate means of communication prior to award as to whether their waiver has been approved or denied. If the waiver is granted, then a copy of the approved waiver must be submitted with each invoice that the vendor submits to the payment office or the invoice will be returned.

mailto:cfo.bfc.ipp.customer.support@irs.gov

Reason for requesting a waiver of the requirement to submit an electronic invoice via the IPP:

1. Submission of invoices through IPP would impose a hardship on an individual (includes employees and sole proprietors) due to either a physical or mental disability; a geographic, language, or literacy barrier; or an undue financial burden. The requirement to submit invoices through the IPP is automatically waived for all individuals who do not have payment capability using ACH with a U.S. financial institution.

2. The political, financial or communications infrastructure where the place of business is located does not support access to the IPP for submitting invoices electronically.

3. The contractor is located within an area designated by the President of the United States or an authorized agency administration as a disaster area. (Please identify area/location.)

4. The submission of invoices electronically may pose a threat to national security, the life or physical safety of an individual may be endangered, or a law enforcement action may be compromised.

5. The agency does not expect to receive more than one invoice from the same contractor within a one-year period. i.e., the invoice submission is non-recurring.

6. The contractor customarily submits a high volume of invoices on a regular basis via file format, not currently supported by the IPP (i.e., uses a file format other than XML or CSV) and the high volume of invoices would cause a significant burden to the contractor if submitted through the IPP individually. If utilizing this exception, please identify the file formats supported by your invoicing system so that the IPP may consider implementing the requested file format at a later date. File format(s) used:

7. Other - Please explain:

Attach a separate sheet of paper with a summary narrative substantiating the circumstances for the waiver exception selected from above (1 through 7).

Waiver Submitted By:

Contractor Name

Name of Person Submitting Request for Waiver

Title Signature of Person Submitting Request for Waiver

E-mail Address Phone No.

Contract/Order No. Date Submitted

Waiver Approved By:

Contracting Officer’s Name Printed

Contracting Officer’s Signature Date

(End of Clause)

DTAR 1052.209-70 Notice and Consent to Disclose (NOV 2017) And Use of Taxpayer Return Information

(a) Definitions. As used in this provision— Authorized representative(s) of the offeror means the person(s) identified to the

Internal Revenue Service (IRS) within the consent to disclose by the offeror as authorized to represent the offeror in disclosure matters pertaining to the offer.

Delinquent Federal tax liability means any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

Tax check means an IRS process that accesses and uses taxpayer return information to support the Government's determination of an offeror's eligibility to receive an award, including but not limited to implementation of the statutory prohibition of making an award to corporations that have an unpaid Federal tax liability (see FAR 9.104-5(b)).

(b) Notice. Pursuant to 26 U.S.C. 6103(a) taxpayer return information, with few exceptions, is confidential. Under the authority of 26 U.S.C. 6103(h)(1), officers and employees of the Department of the Treasury, including the IRS, may have access to taxpayer return information as necessary for purposes of tax administration. The

Department of the Treasury has determined that an IRS contractor's compliance with the tax laws is a tax administration matter and that the access to and use of taxpayer return information is needed for determining an offeror's eligibility to receive an award, including but not limited to implementation of the statutory prohibition of making an award to corporations that have an unpaid Federal tax liability (see FAR 9.104-5).

(1) The performance of a tax check is one means that will be used for determining an offeror's eligibility to receive an award in response to this solicitation (see FAR 9.104). As a result, the offeror may want to take steps to confirm it does not have a delinquent Federal tax liability prior to submission of its response to this solicitation. If the offeror recently settled a delinquent Federal tax liability, the offeror may want to take steps to obtain information in order to demonstrate the offeror's responsibility to the contracting officer (see FAR 9.104-5).

(c) The offeror shall execute the consent to disclosure provided in paragraph (d) of this provision and include it with the submission of its offer. The consent to disclosure shall be signed by an authorized person as required and defined in 26 U.S.C. 6103(c) and 26 CFR 301.6103(c)-1(e)(4).

(d) Consent to disclosure. I hereby consent to the disclosure of taxpayer return information (as defined in 26 U.S.C. 6103(b)(2)) as follows:

The Department of the Treasury, Internal Revenue Service, may disclose the results of the tax check conducted in connection with the offeror's response to this solicitation, including taxpayer return information as necessary to resolve any matters pertaining to the results of the tax check, to the authorized representatives of [insert OFFEROR NAME] on this offer.

I am aware that in the absence of this authorization, the taxpayer return information of [insert OFFEROR NAME] is confidential and may not be disclosed, which subsequently may remove the offer from eligibility to receive an award under this solicitation.

I consent to disclosure of taxpayer return information to the following person(s):

I am aware that in the absence of this authorization, the taxpayer return information of [insert OFFEROR NAME] is confidential and may not be disclosed, which subsequently may remove the offer from eligibility to receive an award under this solicitation.

I consent to disclosure of taxpayer return information to the following person(s):

[insert PERSON(S) NAME AND CONTACT INFORMATION]: ___________________ I certify that I have the authority to execute this consent on behalf of [insert OFFEROR

NAME].

Offeror Name: __________________________________________________________ Offeror Taxpayer Identification Number: _____________________________________ Offeror Address: ________________________________________________________ Name of Individual Executing Consent: ______________________________________ Title of Individual Executing Consent: _______________________________________

Signature: _____________________________________________________________ Date:__________________________________________________________________

(End of provision)